Done deal! Two independent Senators vote with government to postone LGE

Two independent senators have saved the day for the government and voted in favour of the bill to postpone the Local Government Elections (LGE) for another year. It's the fourth time the government has delayed the vote.

Michael Annisette and Gail Merhair gave the government the support it needed to pass the controversial measure, which has been opposed by both opposition and other independent senators.

The six UNC Senators and the majority of Independent Senators voted against the legislation, which now goes to the president for signature before it becomes law.

Mehair's vote would not have made any difference if she had voted against since Annisette’s support would have been enough to pass the bill.

In fact there was speculation that Annisette would have voted with the government in any case, so passage of the legislation was never in serious doubt.

But Merhair's decision to vote with the government has angered her colleagues and opposition politicians. Both she and Annisette told the Senate democracy means more than a vote. Annisette dismissed fears of a dictatorship, saying there are several states where people vote but democracy doesn't exist.

Merhair is comfortable with her decision, despite the barrage of criticism against her, much of which has suggested that she has compromised her independence not only by voting with the government but also by defending the government's delay of the vote.

She said the role of the Senate is to maintain the status quo and not frustrate the efforts of the government and create a constitutional crisis.

Dana Seetahal, one of the more vocal critics of the bill, disagreed.

“I have been an Independent Senator for seven years, five years before her and I have heard nothing of any practice such as she seems to be alluding to because the statement she made sounds like it is based on some conviction," she told the Trinidad Guardian.

The senator suggested that Merhair's rationale sounded more like the PNM. "I have heard those same statements from the mouth of a PNM senator—that Independents should not set out to thwart the will of Government," she said.

Seetahal said Merhair's position is clearly inconsistent with the role of an Independent member of Parliament, noting that she rejected it when the PNM made the argument or "when suggested by a novice senator.”

Seetahal said there is no such standard in other jurisdictions. “If in fact the business of an Independent Senator is not to thwart Government’s will, then none of us might as well not be there because we’ll either vote with Government or abstain.

“In contrast, I believe we were selected by the Head of State, who was elected by Parliament and designated as outstanding people in our field. We all have a lot to bring to the table when it comes to casting good laws and often you have to protect the Government from themselves,” she told the paper.

Independent Senator Basharat Ali agreed. “We’ve sworn to look after the people’s interests. If I’m not happy with something Government does or brings from the Lower House, I say so.”

One of the most senior independent senators found Merhair's rationale for her vote "very troubling". Ramesh Deosaran said, “It disturbs me very very much, I find that ridiculous and it is something we’ll have to resolve in Parliament or some other public forum.”

Independent Senator Helen Drayton, who voted against the bill, explained how she saw her role and the function of the legislative body.

“Parliament is an assembly of citizens elected or appointed to represent the people with the primary function of passing laws...my vote on a Bill is not indicative of support for, or lack of support for the policy of Government; or in the case of the latter, thwarting Government policy.

"Similarly, my vote is not indicative of either being for or against the Opposition or any member bringing the bill or motion to Parliament...As an Independent senator, I exercise that role independently after researching thoroughly the facts relevant to the matter before me, including assessment of pertinent views and submissions."

PNM Minister Colm Imbert congratulated Merhair, saying her contribution was outstanding. "It’s time someone spoke their mind and operated independently not only of Government but of everyone else,” he said.

Opposition leader Basdeo Panday said the Independent Senators were not elected by the people and don't represent the people. "They speak for nobody, they represent nobody. A crucial decision was made by someone whom the people did not vote for," Panday said of the vote.

"I have always argued for the abolition of the Upper House. I think it is useless. There is need for constitutional reform," he added.