Golding pushes back at House Speaker over Crown Lands bill

Opposition Leader Mark Golding is maintaining that he was barred by House Speaker Juliet Holness from bringing a private member’s bill to adjust the law on Crown lands, arguing that she acted outside of her role.

In her opening remarks at the resumption of the House of Representatives this afternoon, the Speaker accused Golding of misrepresenting the facts and said that the claims he made at the PNP’s annual conference on Sunday in Westmoreland, where he stated that he made two attempts to have the bill officially tabled in Parliament before the summer recess in July, but was blocked from doing so by the Speaker of the House, were not true.

“Following review, two concerns were resolved; one remained unresolved, that is, one relating to section 55(3) of the Constitution of Jamaica. He was advised of the remaining concern and of the change required to address it. That change had not been made when the House sat on the following day, July 14th, and the matter was therefore left to continue upon our return. I have since noted public statements made by the Leader of the Opposition on two occasions that he was blocked by the Speaker from tabling the bill. That is not true. The Speaker expressed no view on the merits of the proposed bill,” the Speaker told the House.

The Speaker insisted that members must be accurate with their criticisms.

“Members, we are entitled to disagree, challenge, and criticise decisions of the Speaker. But criticism must be based on an accurate account of what occurred. Where material facts are omitted and the proper discharge of constitutional responsibility is presented as political interference, there is a risk of undermining the public confidence in the very Parliament itself. That must concern every single one of us on both sides. Robust debate and political disagreement are part of parliamentary democracy. But so too are respect for the Constitution, respect for the parliamentary record, and respect for the institution. Where the proceedings of this House are materially mischaracterised, the Chair will correct the record,” she said.

Holness insisted that the records, including emails and all communications, will outline what transpired.

Golding attempted to respond to Holness but was told he would have to wait for the appropriate time.

Dissatisfied, Golding issued a media release this afternoon in which he criticised Holness.

He accused Holness of obstructing him unfairly.

“Today, at the first sitting of Parliament after the summer break, Speaker, in her opening remarks, used that opportunity to proceed to castigate me in respect of comments that I'd made over the summer recess about her having blocked the tabling of legislation that I sought to bring in July. I sought to respond in Parliament to that, and I was denied the opportunity to do so after she spoke. She said that I can speak at public business, which today is going to be very late in the day because there are a number of matters which are going to be addressed before public business is reached,” Golding said.

“In July, I attempted twice to get permission, as it's required for private member's bills, permission of the Speaker, to table a bill entitled the Crown Lands Reform Act, which sought to implement important reforms to increase land ownership and justice in Jamaica. On both occasions, I was prevented from doing so by the Speaker. And the grounds upon which she did so were that, in her view and based on the advice she had received from the lawyer within the Parliament,” he said.

Golding argued that the Speaker was acting outside of her role.

“Now, I felt that that was an arrogation of a role that she's not authorised to play. Constitutional matters are within the purview of the Attorney General and the Attorney General's Chambers. No advice was sought from the Chambers, because I checked on that matter and no advice was sought from the Chambers as to whether or not my bill had any constitutional infringement in it.”

He said he has, however, addressed the concerns raised.

“But nevertheless, that was the position that I was confronted with. And, you know, because of the power, the immense power that the Speaker has to approve or disapprove of motions for the tabling of private member's bills, I have sought to make adjustments to meet her concerns. But again, I reiterate that I don't think it's her business to be trying to arbitrate the constitutionality of legislation. That can be raised in the House in the debate on the bill, or indeed by the Attorney General's Chambers, who are the ones who have to certify for the Governor General before he gives his assent to legislation, after the parliamentary process, that the bill is or is not constitutional. So, that was why I was a bit annoyed by the approach that she took. But nevertheless, I have to work with it because I want this legislation to move forward,” Golding said.

Golding told the annual conference that the reforms aim to make it easier for ordinary Jamaicans to legally own government lands they have lived on and cared for over extended periods.

Among other things, Golding wants to see the law changed to reduce the qualifying period for Jamaicans illegally occupying Crown lands from 60 to 25 years.

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