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Gov’t, opposition clash over non-disclosure of AG opinion on Integrity Commission reports

Published:Tuesday | November 14, 2023 | 3:54 PM
File photo.

Government members in the House of Representatives Tuesday afternoon vigorously opposed the sharing of the attorney general's legal opinion on how the Parliament should treat reports from the Integrity Commission, insisting that the document is the prerogative of the Speaker of the House. 

Justice Minister Delroy Chuck, acting leader of government business, and Information Minister Robert Morgan, this afternoon insisted that the Speaker of the House Juliet Holness does not have to share the AG's opinion with the Lower House and that this decision is final. 

Chuck blasted Opposition members, charging that they were inappropriate for “interrogating” the Speaker and asserted that it must stop. 

“The Speaker's ruling is final,” Chuck said. 

He argued that if the Opposition has an issue with the Speaker's position on how the Integrity Commission reports are to be treated, there are avenues such as the Standing Orders or amendments to the Integrity Commission Act that can be explored. 

“The attorney general is the lawyer for the Government, not for the Parliament. If the Speaker asks for an opinion from an attorney -- doesn't even have to be the attorney general -- it's a matter for the Speaker whether the Speaker wants to share with the House,” said Chuck.   

“If the Speaker does not provide it that's the end of the matter,” he repeatedly said. 

He was responding to Leader of Opposition Business Phillip Paulwell who initially sought a response from Holness on whether the AG's opinion would be shared with the House. 

But, Opposition Member of Parliament for St Andrew South Eastern Julian Robinson rebutted Chuck's argument, noting that former Speaker Marisa Dalrymple-Philibert sought the AG's opinion because there was a dispute about how reports to the House should be dealt with. 

He said that it was not sought in her private capacity. 

In response, Morgan argued that Holness is under no obligation to share the “opinion of the attorney general to the Government with the Opposition”. 

“You may do it because of your good nature but you have no such obligation. We have been subjected, as a country, to some very disgusting and inappropriate commentary by members of the Opposition about the integrity and good sense of the Speaker and I don't believe that this House should tolerate it,” he said, adding that the Opposition has sought to “caricature” the Speaker as hiding reports. 

His comment was rejected by Opposition member Dr Angela Brown Burke who challenged that he was misleading the House, an act she said was “unparliamentary and beneath” him. 

“At this time it should be withdrawn because you know that that is absolutely not true,” she said before Opposition Leader Mark Golding took the floor. 

Golding said having sought the AG's opinion, “the right and transparent thing to do” would be to share it with the members of parliament. 

He said it is an opinion that was rendered on an important matter affecting the governance of the country and that MPs have a right to know the opinion and whether or not the reasoning is sound as to how the change has been implemented on how the reports from the Integrity Commission are to be treated. 

Holness last week announced that she would end the practice of tabling all Integrity Commission reports upon submission although the Attorney General's Chambers said such a treatment was not inconsistent with the law or parliamentary rules. 

She implemented a new rule that mandates that special and annual reports of the commission will go to its oversight committee for deliberations first and then tabled later on, with the committee's own report.  

This afternoon, she said that her ruling was in keeping with the law and the Standing Orders. 

She said her ruling was not inconsistent with the law. 

- Kimone Francis

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