BASSETERRE, St. Kitts - IN response to Opposition Bencher the Hon. Eugene Hamilton’s suggestion that the fact that the 2013 Budget has not yet reached the Federal Parliament is a constitutional breach, Deputy Prime Minister the Hon. Dr. Earl Asim Martin said the government is functioning within the realm of the Constitution of the Federation of St. Christopher and Nevis.
Dr. Martin made the pronouncement yesterday (Mar. 20) while responding to questions from the media at a Cabinet Press Briefing.
Hamilton – who spoke with this publication sometime earlier – submitted that according to Section 71 of the Constitution, the 2013 Budget should have been brought before the Parliament within 60 days of the commencement of the financial year.
Section 71 (1) reads: “The Minister for the time being responsible for finance shall cause to be prepared and laid before the National Assembly before, or not later than sixty days after, the commencement of each financial year estimates of the revenues and expenditure of the Government for that financial year.”
And according to Hamilton, “The word ‘shall’ - in this context - is a mandatory term. In other words, it must be complied with. You cannot do something outside of that term and think that you are within the realm of the Constitution. So when the Prime Minister allowed the 60 days to pass without presenting a budget, he would have committed a violation against the Constitution, Section 71…”
However, according to DPM Dr. Martin, Section 72 of the Constitution gives up to four months after the financial year would have commenced during which the budget could be tabled.
That section reads: “There shall be such provisions as may be made by Parliament under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the Minister for the time being responsible for finance may authorize the withdrawal of moneys from the Consolidated Fund for the Purpose of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier.”
Dr. Martin explained that Section 72 is “very clear” on the time by which the budget must be tabled. And he indicated that any other suggestion is part of the “part of all of the propaganda to create confusion in people’s mind that this matter is not right, that it’s not being addressed and that we are not doing things in a constitutional way. But the Constitution is clear and, just as I have said in my opening statement, this administration would adhere to the Constitution. We have no reason to be against the Constitution.
“It is clear there but it is in people’s minds as a means of create(ing) confusion and to create crisis in the country and people’s mind. But there is absolutely no crisis…”
Meanwhile, Prime Minister and Minister of Finance the Rt. Hon. Dr. Denzil L. Douglas has announced that the day on which the 2013 Budget is scheduled to be tabled is April 9, 2013.
