bahamiangoddess
02-07-08, - 01:07 PM
Senate appointment 'unconstitutional'
By KRYSTEL ROLLE,Guardian Staff Reporter,krystel@nasguard.com
Opposition Leader Perry Christie spoke out against the appointment of Senator Anthony Musgrove yesterday, branding the move as "unconstitutional".
Speaking to the press, Christie said he thought Prime Minister Hubert Ingraham acted prematurely when he made the final appointment. He said the PLP's Senate challenge, which is currently before the courts, has not yet been concluded.
But last month Ingraham made it clear that he had waited long enough for Christie to "get his act together".
Musgrove was sworn in on Monday as the sixteenth and final senator in a short ceremony at Government House.
"Obviously I believe that the senate appointment is unconstitutional. That has been my position, I maintain that position and I respect the fact that the matter is before the courts," Christie stated.
"I would have thought that the appointment would have come after the court decision. But the Prime Minister, under the constitution, must consult with the leader of the opposition before making the appointment. The consultation took place. The respected differences were emphasized on this matter and he then went on to advise (Governor General Arthur Hanna) for the appointment and the appointment was made," Christie continued.
He was referring to the senate challenge case that is before Chief Justice Sir Burton Hall. The Progressive Liberal Party is challenging the appointment of Senator Tanya Wright. Christie has also deemed that appointment to be unconstitutional.
He claimed that the Prime Minister did not consult with him before making Wright's appointment. Christie wanted the final three seats to be filled by Progressive Liberal Party appointees.
"So therefore my position remains the same in opposition to those appointments that he has made under that section of the constitution and we will have to await the determination of the court," the opposition leader said yesterday.
The Constitution of The Bahamas states that the leader of the governing party has the right to name nine senators, while the leader of the Opposition has the right to name four. The Prime Minister also holds the power to name an additional three senators, but only after he has assured the Governor General that the appointments were made following consultation with the Opposition Leader.
Christie said Wright's appointment did not reflect the political balance in the House of Assembly. At that time the PLP represented 18 of the 41 seats, while the governing party held 23. The PLP now holds 17 seats after the resignation of Kennedy MP Kenyatta Gibson, who now sits as an independent. Attorneys representing the Opposition in the Senate challenge argued that Prime Minister Hubert Ingraham had already decided on who should be appointed before he consulted with the Leader of the Opposition.
Musgrove's appointment came nearly nine months after former PLP MP Michael Halkitis and businesswoman Tanya Wright were appointed to fill two of the three remaining seats in the Upper Chamber on May 25.
The Free National Movement has stated that because there was no agreement from opposition leader Perry Christie on Wright's appointment, the Governor General was "moved" to act in accordance with Article 79 (5) of the Constitution.
Under that provision, when the leader of the Opposition does not concur in the recommendation of the Prime Minister, that name is referred back to the Prime Minister.
"The Prime Minister shall then advise the Governor General and the Governor General shall act in accordance with that advice," the Constitution states.
Meanwhile, referring to his own appointment, Musgrove said earlier that he was sure that Ingraham realized that he had to operate within the restraints and the confines of the constitution.
"If he has decided to appoint me to the Senate, I am almost certain that he would have relied on the legal opinion. He himself being an attorney, he understands the ramifications of not relying on the constitution. So I'm almost certain that he has gotten the necessary advice and the decision he made today is within the constraints of the Constitution," said Musgrove.
Musgrove, the youngest Senator at 35, is the Assistant Vice-president of Cititrust (Bahamas) Limited. He is married to Anissa (nee Wildgoose) of Grand Bahama. They have two sons, Anthony and Adam.
By KRYSTEL ROLLE,Guardian Staff Reporter,krystel@nasguard.com
Opposition Leader Perry Christie spoke out against the appointment of Senator Anthony Musgrove yesterday, branding the move as "unconstitutional".
Speaking to the press, Christie said he thought Prime Minister Hubert Ingraham acted prematurely when he made the final appointment. He said the PLP's Senate challenge, which is currently before the courts, has not yet been concluded.
But last month Ingraham made it clear that he had waited long enough for Christie to "get his act together".
Musgrove was sworn in on Monday as the sixteenth and final senator in a short ceremony at Government House.
"Obviously I believe that the senate appointment is unconstitutional. That has been my position, I maintain that position and I respect the fact that the matter is before the courts," Christie stated.
"I would have thought that the appointment would have come after the court decision. But the Prime Minister, under the constitution, must consult with the leader of the opposition before making the appointment. The consultation took place. The respected differences were emphasized on this matter and he then went on to advise (Governor General Arthur Hanna) for the appointment and the appointment was made," Christie continued.
He was referring to the senate challenge case that is before Chief Justice Sir Burton Hall. The Progressive Liberal Party is challenging the appointment of Senator Tanya Wright. Christie has also deemed that appointment to be unconstitutional.
He claimed that the Prime Minister did not consult with him before making Wright's appointment. Christie wanted the final three seats to be filled by Progressive Liberal Party appointees.
"So therefore my position remains the same in opposition to those appointments that he has made under that section of the constitution and we will have to await the determination of the court," the opposition leader said yesterday.
The Constitution of The Bahamas states that the leader of the governing party has the right to name nine senators, while the leader of the Opposition has the right to name four. The Prime Minister also holds the power to name an additional three senators, but only after he has assured the Governor General that the appointments were made following consultation with the Opposition Leader.
Christie said Wright's appointment did not reflect the political balance in the House of Assembly. At that time the PLP represented 18 of the 41 seats, while the governing party held 23. The PLP now holds 17 seats after the resignation of Kennedy MP Kenyatta Gibson, who now sits as an independent. Attorneys representing the Opposition in the Senate challenge argued that Prime Minister Hubert Ingraham had already decided on who should be appointed before he consulted with the Leader of the Opposition.
Musgrove's appointment came nearly nine months after former PLP MP Michael Halkitis and businesswoman Tanya Wright were appointed to fill two of the three remaining seats in the Upper Chamber on May 25.
The Free National Movement has stated that because there was no agreement from opposition leader Perry Christie on Wright's appointment, the Governor General was "moved" to act in accordance with Article 79 (5) of the Constitution.
Under that provision, when the leader of the Opposition does not concur in the recommendation of the Prime Minister, that name is referred back to the Prime Minister.
"The Prime Minister shall then advise the Governor General and the Governor General shall act in accordance with that advice," the Constitution states.
Meanwhile, referring to his own appointment, Musgrove said earlier that he was sure that Ingraham realized that he had to operate within the restraints and the confines of the constitution.
"If he has decided to appoint me to the Senate, I am almost certain that he would have relied on the legal opinion. He himself being an attorney, he understands the ramifications of not relying on the constitution. So I'm almost certain that he has gotten the necessary advice and the decision he made today is within the constraints of the Constitution," said Musgrove.
Musgrove, the youngest Senator at 35, is the Assistant Vice-president of Cititrust (Bahamas) Limited. He is married to Anissa (nee Wildgoose) of Grand Bahama. They have two sons, Anthony and Adam.