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Constitutional Reform vis-a- vis 18/18

Reference is made to recent calls for Constitutional reform but I fear that too many changes are being proposed simultaneously. A group of Independent senators recently presented to President A.N.R. Robinson recommendations for a radical overhaul of the Constitution. The task is Herculean. Any proffer of justification will, inevitably, tantamount to ideological discourse without resolution, and will frustrate everyone.

I think Trinidad & Tobago will benefit by the immediate passage of two Constitution amendments.

The need for the first change should be evident from the chaos which followed the 18/18 result.

Existing: "CHAPTER 4, PART 4 - Elections and Boundaries Commission - Constituencies - 70 (1). Trinidad and Tobago shall be divided into thirty-six constituencies ..."

Recommended: That the number of constituencies be increased from, 36 to 37. This is more likely to result in a clear majority in a predominantly 2 party system. It would reduce the probability of an impasse for the election of a Speaker and thereby insure that, through normal process, Parliament can convene.

Parliamentarians from both sides of the aisle should support such a motion because it is practical. The contentious aspect of the amendment will be the review and recommendation of the Elections and Boundaries Commission.

Since the objective will be to increase the elected representatives in the House by one seat, precaution must be taken to deter gerrymandering. Perhaps fears can be allayed by proposing that if there exists two or three contiguous constituencies that cannot claim, by virtue of historic voting results, overwhelming support for one party or the other, the additional district could be drawn from that geographic area.

EXISTING: CHAPTER 4, PART 3 - Sessions of Parliament. "Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting..."

Previously, I opined that fixed general election dates would effectively eliminate the constant call for new elections, and the bickering which impedes governance by Representatives while their efforts are concentrated on protecting their phalanx. After considering the facts, reasonable leaders should agree that this is a viable alternative.

Absent a Vote of No-Confidence in Parliament and its consequent dissolution, the country has been inundated with calls to go back to the polls. Three elections in less than 2 years seems absurd.

Recommendation:

Make a Constitution amendment to provide that, [or words to the effect] "Parliament shall continue for five years
from the date of its last sitting, unless dissolved [insert the exceptions]. Eliminate all the loopholes that
do nothing but distract and inflame people.

The Constitution must set specific calendar schedules consistent with the Five Year duration. For example: "General Elections shall be held on the first "Monday/Tuesday, etc. of October, November, December) provided that...."

There is absolutely no reason why general elections cannot be held two or three weeks before the end of the existing Session of Parliament and have newly elected representatives sworn in on the appropriate date. It will facilitate a seamless transition. Also, in the face of international terrorism and rumors of wars, it will enhance national security by having a sitting Parliament, albeit with some "lame duck status" to deal with emergencies.

It is imperative that these two amendments be addressed in isolation of other changes to maximize the possibility of enactment in sufficient time in advance for the next scheduled general election. Undoubtedly, other very important amendments will be undertaken in other Sections. For example, Constitution reform effecting the Police and powers to combat crime would be more protracted because of the possible impact on civil liberties, among other things. Prudence would suggest that it is better to chip away at Constitution reform and achieve significant gains rather than undertake an "all-or-nothing-at-all" strategy. The latter approach is likely to be mired along the road paved with good intentions.

I urge you to give this plea prompt and serious consideration. Procrastination and apathy make strange bedfellows.

Selwyn P. Nimblett

Trinidad and Tobago News

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