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Senate Select Comte Meets, Cannot Elect Chair
posted (October 12, 2016)

And before we continue with the news, in an update to the story we just ran about the BNTU’s concerns with the UDP’s plan to picket their headquarters tomorrow, the UDP has confirmed that there will be no picket tomorrow. It has been called off in view of the afternoon meeting between the Prime Minister and the Union.

Continuing now with the news, as we told you last night, the PUP has chosen to boycott the Senate Select Committee, calling it bogus.

But, with or without the opposition, the ball is rolling…and the Senate probe which everyone was calling for is underway – even if got off to a patchy start today.  That was the first meeting where the 5 committee members were supposed to select the chair for this Senate Committee.

Government has said that one of the 3 social partners must chair the committee, but the problem is that both the Labour Senator and the business Senator do not accept the present makeup of the committee – with two UDP Senators.

They also criticize the terms of reference included in Church Senator Ashley Rocke’s motion at the last meeting.

Senator Rocke, who was ruthlessly criticized and called things such as  â€œtraitor to the publicâ€￾, and “Government puppetâ€￾, is not prepared to bring more heat on himself by taking up the chairmanship. So, today’s meeting, in full view of the public, could not have any meaningful progress without a chairman.

Here’s all 5 senators discussing among themselves the quandary that is the empty chairman seat:

Hon. Ashley Rocke - Church Senator
"All the backlash that I've experienced and even threat to my family I have decided that I will not be given myself to this position."

Hon. Aldo Salazar - UDP Senator
"We came here with the understanding that we did not wish to chair this committee and we wanted the chair to come from one of the social partners. Senator Lizarraga was not consulted as to his chairing because he's here on a protest."

Hon. Mark Lizarraga - Business Senator
"The overwhelming majority wanted us to participate. However they also gave us the mandate to seek to change the terms and the composition because they were not happy with the terms and the composition. So we want and that's why we're here today and that's why in earnest we're going to bring back a motion to seek to change the terms again and composition because those are the instructions and that's the sentiment of our community at this time."

Hon. Elena Smith - Labour/Civil Society Senator
"Because there's a meeting that the prime minister has requested with the NTUCB at which time the matter of the senate inquiry will also be discussed because that's one of the points on our agenda. Then I feel that I should at least give my organisation the chance to hear the prime minister out and see if there is going to be a change in position because I don't want to come here and accept a position and then have to return and say my organisation has made a change and so I have to now step down, I have to resign from that position. So for me while there is a position on certain matters already I think I prefer it is best for them to hear from the prime minister first since he has requested that meeting and make a decision and I go from there after that decision has been made. That when I say I decline or I accept it's based on all 10 of the unions under the NTUCB who have given that mandate to me."

Hon. Dr. Carla Barnett - UDP Senator
"The suggestion has always been that the chairmanship should come from the social partners whether it's the churches, labour or business community and that remains our position. However if it turns out when we meet next time that there can be no consensus among the social partners on the selection of a chairman we will have to proceed and government may have to assume it is not the preferred course that we would want to take but the work of this committee really needs to begin in earnest."

Business Senator Mark Lizarraga says that right now, the working plan of action is to try to bring a proposal to the Senate to amend the terms of reference of the Committee to restrict the Government’s membership to only 1 Senator. This new proposal will also include a fix to what they see as the inadequacies of the investigative powers of the committee. When the press asked Senate President Lee Mark Chang if he would be prepared to entertain them, he made it clear that he is not. Here’s what he had to say:

Hon. Lee Mark Chang - President, Senate
"We have done this process two times already and I do believe as president we cannot be in reverse all the time right and I hope that the second time the motion was brought to the Senate will be the final time it was brought to the Senate. We have deliberated with everybody, some people didn't get what they wanted, some got what they wanted right I think that's it. I don't wish to see a third motion brought to adjust this one that's here. We already did it the first time, did it a second time and now you're asking us to do it another third time? I just don't know where we stand on that yet but we'll have to discuss that and see how we move forward."

So, what about the criticism about the restricted ability of the Committee to call relevant persons named in the report to answer for their actions? Again, we put that question to the Government side, and here’s what they had to say:

Hon. Dr. Carla Barnett - UDP Senator
"The committee has the authority to require the attendance before the committee of those ministers named by the auditor general in the special report and or any other minister of government not necessarily named; you understand that we are going outside even of the scope of ministers who are named in the report. So let me begin from the beginning - to require the attendance before the committee of those ministers named by the auditor general in the special report and or any other minister of government who may have information which may be relevant to the inquiry."

"It is also empowered to require the attendance before the committee of the director of immigration and nationality and all such current and former public officers in the ministry responsible for nationality, immigration and nationality pursuant standing order 72 and all of these people are required to produce all relevant papers and records of the ministry as may be necessary to conduct its inquiry and investigation. So there is no scope being made for anybody to not be called. As long as your name is in the report or in questioning there is an indication that you ought to also be called, you can be called. There is no leaving out of anybody as far as my understanding."

Hon. Mark Lizarraga - Business Senator
"The standing order gives the president of the Senate the authority to decide who can come. As a matter of fact we need his permission, we need his permission to call particular witnesses and certainly we do not envision that we will be calling persons outside of the scope of the constitution; that was never envisioned."

Hon. Lee Mark Chang - President, Senate
"I guess you guys are trying to think I am going to block this inquiry. It also says here in 17 subsections 3 except as is otherwise provided by the senate standing order or by special direction of the senate a select committee shall elect a chairman from among its members. So they will have for they say boss, da no me wa have the say right and I told you already if it was up to me and once it’s in the standing orders and it’s in the constitution and in the motion that was approved it will be done."

The Committee meets again next week Wednesday, October 19, at which time, another attempt to appoint a chair. As you heard, the two Government representatives said that they would very much want that chair to come from the social partner senators. If they still don’t want to serve, then one of the 2 Government Senators will have to take up the position. We’ll be there for next week’s follow up meeting, and we’ll show you how that one goes.

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