THE Prime Minister on Wednesday proposed Parliament amend the Tobago House of Assembly (THA) Act to break the current THA deadlock after the six-six tie in the recent election.
While the THA’s incumbent executive council remains in place, the assembly cannot agree on a presiding officer to oversee the election of a chief secretary to constitute an assembly (including with four councillors) then dissolve it to return to the polls.
Dr Rowley said he had legal advice from Attorney General Faris Al-Rawi and a senior counsel. He was speaking at a news conference on Wednesday at the Diplomat Centre in St Ann’s.
“I’m satisfied that an intervention is required and I’m prepared to make that intervention.
“I spoke to the AG before coming to this meeting. I’m advised that a draft amendment could be before Cabinet in a matter of days.”
Rowley proposed two amendments to the THA Act.
The first will give someone the authority to break a deadlock.
“It may be the residual chief secretary who (at present) could only call an election if the four-year term has expired or if a resolution is passed in the assembly so to do. And with no assembly functioning, there can be no resolution and, of course, there’s no four-year term to contemplate at this point in time.
“So the amendment is going to treat with that: Who will have the authority in a deadlock to call an election?”
Rowley warned, a simple rerun of an election could give the same six-six result.
“So there is going to be an amendment to change the number of seats."
He said after a series of past consultations in Tobago, bills were drafted and were now before a parliamentary joint select committee. One proposal was for 15 THA seats.
“The Cabinet will consider that, since by common sense we are required to adjust the number of seats from an even number to an odd number. We’ll take it to Parliament to be debated.”
Whichever number of seats Parliament agrees to, the amendments will go to the Election and Boundaries Commission (EBC.)
“For the EBC to act they will have to do their work in the field in Tobago. They will also have to put a report to the Parliament."
Such an EBC report would list the number of seats, plus their locations and electorates, he said.
“Once Parliament accepts that report, an election can be held in Tobago," he said, anticipating no future deadlocks.
“I’ve heard it said from the majority voices in Tobago that they do not wish to have this too long.
“We’d want to do this as soon. It shouldn’t be an extended period.”
He said he would like the Opposition’s support for the amendments, although noting their vow generally to not support government legislation.
Newsday asked if Parliament should first legislate to break the deadlock such as by allowing the drawing of straws, and later to redraw the boundaries.
Rowley replied, “That leaves us with a certain component of arbitrariness, which I see no appetite for and have heard no appetite for.
“To go and legislate to draw straws and legislate to flip a coin, well let’s go further and let’s not have an election at all and just toss a coin, and whoever calls heads correctly be the government.
“It is too important a decision to leave it to the tossing of a coin or the drawing of a straw.” Rowley said the general sentiment was to go back to the polls.
PNM TOBAGO: WAY FORWARD IS CLEAR
PNM Tobago Council leader Tracy Davidson-Celestine said, "The way forward has been clear. The legislation can be amended and will be amended to cover us in what is now an emergency situation. But it’s not a quick fix and I’m happy that due care is being taken to cover as many eventualities as can be envisaged. The inclusion of the 15-seat option, as put forward by the Tobago public for the autonomy bill, also sends a clear signal we will deliver on Tobago’s right to self-determination.
"The inclusion of the Chief Secretary’s role or another legislative position to open the doors to another election in the case of a deadlock is absolutely essential. The critical role of the EBC also speaks to the process going forward.
"This is a time when clear and levels heads must prevail. The public also deserves the truth of what the law permits to move past this deadlock. Our options are clear and Tobagonians deserve to make the choice of who they want to lead this island.
Chief Secretary Ancil Dennis said he was in complete agreement with the PM.
“The Chief Secretary calling an election is consistent with the situation in Trinidad and other places where the Prime Minister can call an election; therefore I agree.
"The proposal for 15 seats was already approved by the THA and Tobagonians in the form of the draft bill on self-government that is currently before the Parliament. I was part of the assembly then and voted in favour of that and therefore I support it now, And... obviously, there should be a way to trigger fresh elections without the intervention of the Parliament if this happens again in the future,” he said.
