As the suspension of the MP for Diego Martin West continues to attract attention, it is useful to examine the ways in which different MPs have been suspended over the years in the Parliament of T&T.
Essentially these methods of suspension may be collated into four categories which may be listed as follows:
• Suspension by the Speaker without a motion, a debate, or a vote
• Suspension by the Speaker after a report from the Privileges Committee
• Suspension by the Speaker after a motion, no debate, and a vote.
• Suspension by the Speaker after a motion, a debate, and a vote
The suspension of an MP by the Speaker without a motion, a debate, or a vote took place on Friday, July 28, 1995, when Speaker Occah Seapaul suspended the MP for Diego Martin Central, Kenneth Valley, after an incident that took place four days earlier.
According to the Hansard for July 28, 1995, Speaker Seapaul said, inter alia, the following:
“As a result of the decision in Stockdale v Hansard, the maxim, ‘That whatever matter arises concerning either House of Parliament ought to be examined, discussed and adjudged in that House to which it relates and not elsewhere’ became applicable to matters concerning the internal proceedings of the House and judges have long held that when matters are proceedings of the House, beginning and terminating within its own walls, they are obviously outside the jurisdiction of the courts.” (p 347-348).
In continuing her discourse, she took into consideration an apology that was made by Valley during the proceedings, and then she subsequently concluded as follows:
“In the circumstances, I now order that you, Kenneth Valley, be forthwith suspended from the service of this House for a period of six months [interruption] and you will not return herein or within the precincts hereof until the expiration of six months of today’s date. I now order that you, Kenneth Valley, forthwith leave this honourable House and its precincts.” (p 351).
In respect of the suspension of an MP by the Speaker after a report from the Privileges Committee, there are two examples. These are the suspensions of the MP for Fyzabad, Chandresh Sharma, by Speaker Barendra Sinanan on Friday, May 20, 2005 (see Hansard p 112), and MP for San Fernando East, Patrick Manning, by Speaker Wade Mark on Monday, May 16, 2011 (see Hansard p 159).
In both instances, there were matters that emanated from reports of the Privileges Committee that eventually led to the respective decisions to suspend both MPs.
In respect of the Manning suspension, there had been an earlier motion in the House by Manning on Friday, April 15, 2011, as follows:
“Be it resolved that this honourable House do authorise the committee to allow the member’s legal representatives to address the committee and examine any witnesses before the committee on his behalf.” (Hansard, p 500).
There was a debate on Manning’s motion which was not supported by the Government MPs and on which the PNM MPs divided into either abstention (Marlene Mc Donald, Keith Rowley, Nileung Hypolite, Colm Imbert, and Paula Gopee-Scoon) or support (Patricia Mc Intosh, Fitzgerald Jeffrey, Amery Browne, and Patrick Manning).
An example of a suspension by the Speaker after a motion, no debate, and a vote took place on Friday, March 28, 2008, when Basdeo Panday was suspended by Speaker Barendra Sinanan.
According to the Hansard, the Speaker indicated to the House that he was prepared to use force to have Panday removed from the House after he refused to leave the premises. Hansard records it as follows:
“Mr Speaker: The result of the division is 23 members voted for the suspension of the hon Member for Couva North and 11 members voted against. I will ask the hon Member for Couva North to leave this Chamber and precincts of the House.
Mr Ramnath: “Why you doh get a police to put him out?” [crosstalk]
Mr S Panday: “Yuh dinosaur.” Mr Speaker is a dinosaur.
Mr Speaker: I will suspend the sitting of the House for ten minutes to allow the Member for Couva North—order please—to vacate the chamber and the precincts of this House.
1.59 pm: Sitting suspended.
2.12 pm: Sitting resumed.
[Opposition members remain seated on entry of the Speaker]
Mr Speaker: Hon Members, I wish to draw your attention to the fact that the hon Member for Couva North, Mr Basdeo Panday, has refused to leave the House; to withdraw from the House and its precincts; as such, recourse to force is necessary.
Hon Members: Force! You are a dictator here!
Mr Speaker: It is necessary to remove Mr Panday from the precincts of this Chamber. I, therefore, call on the police to remove the Member for Couva North from this Chamber and the precincts of this House. [Policemen approach Mr Panday]” (pp 145-146).
The Speaker adjourned the House immediately after this.
On Wednesday, May 6, Dr Keith Rowley was suspended by Speaker Wade Mark after a motion, a debate and a vote, which is the fourth category of suspension.