Prime Minister Patrick manning says he is not prepared to initiate or support any parliamentary motion to overturn Basdeo Panday's suspension, insisting that to do so would "encourage the importing of lawlessness into the Parliament, through the Leader of the Opposition."Manning told the Trinidad Express his Government will not validate Panday's behaviour.
Speaker Barendra Sinanan banned Panday from the Parliament and its precincts Friday. The suspension runs runs until December, when the current session of Parliament ends.
Sinanan used two sections of the Standing Orders established in 1961 to the banish the Couva North MP from the House for unauthorized use of his laptop computer.
The first, 43 (3) states:
"The Speaker or the Chairman shall order any Member to withdraw immediately fromthe House during the remainder of the day's sitting and may direct such steps to be taken, as are required, to enforce such order:
(a) where the conduct of such Member is grossly disorderly; or
(b) where such Member has used objectionable, abusive, insulting or offensive wordsor language or unparliamentary expressions, and, on being called to order, hasrefused to withdraw such words or language or expressions and has not offered anapology for the use thereof to the satisfaction of the House.
The second, section 43 (10) states:
"If any Member, who is ordered to withdraw or who is suspended under this Standing Order, refuses at any time to obey the direction of the Speaker to withdraw from the House and its precincts, the Speaker shall call the attention of the House to the fact that recourse to force is necessary in order to compel obedience to his direction, and the Member named by him as having so refused to obey his direction shall thereupon, without further question put."
Read the Standing Orders
Sinanan resorted to these rules after Panday allegedly breached rules outlined by the Speaker in a memorandum, which set clear rules for use of computers and other electronic devices in the house.
That document states that MPs should seek the Speaker's permission to use electronic devices during sittings of the House and that such use must be restricted to reference to speaking notes for parliamentary business if the member intends to speak on that particular day.
Based on media reports of the exchange between both men, Panday demonstrated disrespect for the chair. But at the same time it was not clearly established whether he was in fact using in breach of the rules. His response to the Sinanan's question about whether he intended to speak was that he was not sure.
Manning said the Speaker transcends politics and is the symbol of authority in the House. He said Sinanan acted correctly and he fully supports his actions to prevent lawlessness from entering the Parliament and becoming a feature of parliamentary procedure.
But Panday insists that his removal from Parliament has nothing to do with his computer or the standing orders.He accused the speaker of "trying to establish a regime in which we shall not be able to speak unless we have his permission."
He told the Express, "it is our duty to ensure that he doesn't breach that fundamental democratic principle of being able to speak."
Panday told the paper that he would accept a Government resolution terminating the suspension. But that is clearly out of the question based on Manning's clear statements on the issue.
Panday insists that he will go to Parliament next week. "I was elected to represent the people and I am going to do that, at the cost of my life, if necessary," he told the Express.
He said he has an obligation to represent his constituents and he will return to the House, even itf it means that he has to go to prison as a result.
There is another implication to Panday's suspension under Standing Order 43 (13), which states: "Any remuneration or allowance to which a Member is entitled as a Member of the House of Representatives shall cease in respect of the period of his suspension."
As Leader of the Opposition and a member of the House he is entitled to his salary and allowances but there are questions about whether he will continue to receive them.
Some constitutional sources suggest that he is still entitled to his pay and allowances as Leader of the Opposition because that is a constitutional appointment that has not been revoked by the the President.
The suspension also does not affect his constituency allowances would continue, since the seat is only temporarily vacated.
Read the Trinidad Guardian editorial: MPs must follow Parliament's rules
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