BASSETERRE, St. Kitts – THE current political situation in St. Kitts and Nevis is obviously the most talked about topic in the Federation. And, interestingly, a very large percentage of the younger generation is engrossed in discussions on the outcome of the recent controversial developments.
First, it was the situation on Nevis in which that island has made history in the Courts, which resulted in a change of government.
Now it is sister isle St. Kitts, where members on the Opposition Benches in the Federal Parliament, led by the Hon. Mark Brantley, had walked out of the Honourable House when it was time for them to vote for or against the St. Kitts-Nevis-Anguilla National Bank (Vesting of Certain Lands) Bill 2012, and the recently passed Senators (Increasing of Number) Bill 2013.
The latter Bill had its passing through the vote of the newly-appointed Attorney-General, Attorney-at-Law Jason Hamilton, who has been made a sitting Senator in the Federal Parliament, which produced heated debates.
Additionally, while the Hon. Dr. Timothy Harris, who was fired by Prime Minister Dr. Denzil Douglas as a Minister of Government, and Deputy Prime Minister the Hon. Sam Condor, who had tendered his resignation from the Cabinet, did not vote against the St. Kitts-Nevis-Anguilla National Bank (Vesting of Certain Lands) Bill 2012, both joined forces with the Opposition in voting against the Senators (Increasing of Number) Bill 2013.
These two former most Senior Ministers in the Labour Party Administration are now viewed as dissidents by Dr. Douglas and other Cabinet Members. And, most definitely, they are in agreement with the Opposition for the filing of the No Confidence Motion in the Dr. Douglas-led Government, which is yet to be tabled.
The most recent development is the Friday afternoon’s (Feb. 1) application for injunction to block the performance of the Increased Senators Bill and Attorney-General Hamilton from carrying out the function of a Senator in the Federal House of Assembly, filed by Condor and the Hon. Shawn Richards, who is the Leader of the People’s Action Movement.
In his explanation December, last, to members of the Chambers of Industry and Commerce for initiating the land-for-debt swap, Dr. Douglas said it would reduce the Federation’s debt to GDP ratio to well under 100 percent and create even more fiscal space to accelerate growth-related development initiatives while modernising and strengthening the Federation’s social safety net programmes.
He also stated that the portion of lands identified for inclusion in the land-for-debt swap were carefully selected to ensure that the sale of such lands would not adversely affect the government’s programmes for expanding existing communities, and for empowering people in our various communities through land ownership.
With regard to increasing the number of Senators, Dr. Douglas pointed out that there is no Deputy Speaker in the National Assembly and the Bill would have allowed for the election of one.
According to the Constitution and Rules of the lawmaking body, the Deputy Speaker cannot be a minister of government. Therefore, from this perspective, Dr. Douglas said there is need to have a senator who is not a minister.
“The Bill was designed really to increase the number of senators, giving one to the opposition, and two senators to the government and one of those two senators on the government benches, if the opposition continued to refuse to allow one of their own to become Deputy Speaker, then the government would have allowed one of its new senators to become the Deputy Speaker,”
He pointed out that when Parliament was convened in March 2010, the offer was made to the Opposition for Senator Vincent Byron Jr. to fill the vacancy, but they refused.
“The Opposition refused the offer and so one of the ministers of government had to resign his ministerial responsibilities, in order to get the House properly started, to do the people’s work after the elections of January 2010, and we’ve managed so far, but we cannot continue like that,” said Prime Minister Douglas.
From this backdrop, the nation is in limbo wondering…”What’s next?”
For this reason, SKNVibes spoke to a number of people who gave their views on what could be the available options open to the politicians.
This publication spoke with former Attorney-General Tapley Seaton Q.C., who declined to give his opinion on the political options available to the individuals, but explained what would happen if the Motion of No Confidence receives passage.
“With the passage of a Motion of No Confidence, the Prime Minister will either have to resign within three days or request a dissolution and have a general election within 90 days.”
Seaton however said on WINN FM on Monday (Feb. 4) that despite arguments that a majority of elected Members of Parliament could appeal to the Governor-General to remove a prime minister who no longer commands the support of a majority elected representatives, a No Confidence motion is the most appropriate way to go.
"There is some Constitutional speculation that if, for example, a letter is written by majority Members to the Governor-General indicating to him ‘we have no confidence in the present Prime Minister and the present government’, that that can prompt a reaction. The Constitution is not express on it, it does not express explicitly a position, but some constitutional scholars have been looking at that aspect,” he explained.
Former Minister in the Labour Party Administration Dwyer Astaphan stated that there are a number of options open to the individuals.
Astaphan said that the Prime Minister should first make the Motion of No Confidence a part of the National Assembly's agenda and face it.
“The Prime Minister is facing a Vote of No Confidence and I am told that the notice has still not been entered in the Order Book for the Parliament. If that is the case, somebody is not doing his or her work and that needs to be remedied immediately, because the rules are very clear what the process is in order to get a notice entered into the book so that it becomes part of the agenda.”
He said that from there, Dr. Douglas should face the No Confidence Motion and its consequences.
With regards to the Opposition as well as Dr. Harris and Condor, Astaphan said they should take every possible legal and lawful measure to pressure the Prime Minister into bringing forward the No Confidence Motion.
“They must seek to mobilise all of the stakeholder groups, the whole society, individuals in the society, the social and economic partners, the diplomatic community, regional and international institutions and the global media to let the world know what this man is doing and how he is trampling upon the democracy, the constitution and the decency of this country.
“Another option they have at their disposal is to go to Court and ask the Court to declare whether what transpired in the Parliament on Tuesday (Jan. 29) is in accordance with the rules or not. I do not think the Court has the authority to order the Speaker to do or undo anything he might have done in terms of his administration of the rules and the proceedings in Parliament, but the Court can declare that things that he has done are right or wrong and indeed if the clerk has not entered the notice of Motion of No Confidence in the Order Book, then the Court can also speak to that. And although it is not an order to the Speaker, the political impact of a declaration by the Court would apply further pressure to the Prime Minister to understand that he leaves not at his own leisure and convenience and to serve his own selfish purposes, but at the hands of the people.”
SKNVibes also spoke with the former Parliamentary Representative for Constituency Number Eight, Cedric Liburd. He voiced that the Budget takes priority at this point in time, as it is of importance to the nation, and if not debated the government would not be able to spend or collect funds.
“In terms of the present situation in the country, the obvious thing on the minds of all the people is the Vote of No Confidence. However, it is my view that first the government has to continue its agenda, especially if it is the agenda with the matter of the Budget. The Budget is very important to the country. If a budget is not passed by March 31 it means the government cannot spend or collect money.
“Therefore, I feel that the first thing we need to make sure is that we get the Budget. The matter of the Motion of No Confidence, it is there and definitely it should come. When? I don't know, I am not the Speaker and I am not saying it is not to come. It should come and the matter should be debated, and at the end of the day a decision is taken by the Parliament as it is part of the law.”
Although not speaking on the options open to the Opposition, Liburd however mentioned that whatever measures they take is within their right.
“Their decision is their decision. All of us have a right and, therefore, they have taken their decision. The unfortunate thing is that they [Harris and Condor] are on the government’s Bench and they are making statements against the government, and I think that is the concern that I have. Obviously, I think that the country should prepare for general elections whenever that is and to make sure that they work to resolve the present situation in the country.”
A female caller to WINN FM's Voices programme on Thursday (Jan. 31), also suggested that the Opposition must “put pressure on the government” by writing a letter to the Governor-General, explaining their dissatisfaction with the manner in which the Bill was passed with regards to the new Attorney-General casting a vote, as well as other unsatisfactory behaviour by the Prime Minister.
She further suggested that the Opposition should write letters to the Heads of Government in the OECS and even the Queen, noting that a move such as that would pressure the Prime Minister into either tabling the Motion of No Confidence in Parliament or calling a general election.
Dr. Vance Gilbert, too, voiced his opinion. He stated that whatever decision is made by whomever that would affect the Federation has to carried out with the mandate of the majority of the people in mind.
Speaking with regards to the Opposition along with Harris and Condor, Gilbert said: “I don’t think that it is right or fitting for a group of men to decide what they want to do in the country without having the mandate of the people.
“The Labour government and the Prime Minister is the duly elected government and they are placed there by the majority of the people in the country. And I think if we had to do a poll right now, they would still be the favoured government.
“For the Opposition, and even Dr. Harris and Mr. Condor, to be trying to bring down the government in this manner, I think it is a cowardly act because the truth is, we have election constitutionally due by 2015 and so if they feel they want to take out the government then 2015 is just around the corner.”
Gilbert expressed that he had been hearing rumours of the Federation being in crisis, but noted that it is being used to further the Opposition’s agenda to get into power for their personal gain.
Speaking on the Motion of No Confidence, Dr. Gilbert said, “It is Constitutional and I believe that when the time comes it will be heard, and once it is heard decisions will be taken from that.”
Washington Archibald, on the other hand, said that the Prime Minister should either immediately call an election or table the Motion of No Confidence.
With regards to the Opposition and Harris and Condor, Archibald said they should come together and form a coalition, which he thinks is a “splendid option”.
“They can get together and for a coalition, which we call a unity government, because it would comprise people from the various political parties. And it just happens that it would be two each so that there is a total balance. This unity government would straighten out a lot of problems we have at the top of the administration.”
When asked, Condor voiced that he could not speak to the options that might be available to the Prime Minister, Dr. Harris or the Opposition, but noted that for now, he has done all he could do.
“Right now, as it stands, I have done all that I could have done. As to what is coming, I don't know. There is the Budget to come and there is the Vote of No Confidence. Those are the other two legislative matters that we have to deal with. As those things develop, I will decide what I am going to do,” he said.
Senator Nigel Cary, when contacted for a comment on the topic, indicated that “we” would not be able to do so as they were “framing our thoughts and putting together a press briefing which would be distributed shortly...within a day or two”.
While there might be a number of options available to the Politicians with regard to the next move, the nation awaits with eagerness.
Looking at the current political situation that is being played out in St. Kitts and Nevis, what options do you think are open to the Prime Minister and his Administration, the Opposition and the Hon. Sam Condor as well as the Hon. Dr. Timothy Harris?
