PORT OF SPAIN, Trinidad, CMC – Former Dominica prime minister Edison James says the Speaker of the House of Assembly in his country, Alix Boyd Knights, had no authority to declare the seats of two parliamentarians vacant even though they have not been attending parliament.
Legislators, including James, have been boycotting the Dominica parliament in support of claims by the opposition United Workers Party (UWP) that there had been several irregularities in last December’s general election that was won by an 18-3 margin by the ruling Dominica Labour Party (DLP).
James, speaking on a radio programme here on Sunday, said that the UWP believes that it is the High Court and not the Speaker that should declare any seat vacant in the Dominica parliament.
“The truth is I don’t know who has declared our seats vacant. The Speaker told us it has been declared vacant but she did not tell us who declared it vacant and we have been trying to find out where and who has the authority to declare our seats vacant,” James said.
“It doesn’t seem to rest with the Speaker so up to now we don’t know who has declared the seats vacant.”
Last week, the Speaker told a news conference that she had decided to declare the seats vacant in keeping with Standing Orders 15 that makes specific reference to the manner through which legislators should inform the relevant authorities about their inability to attend Parliament.
She said the rules also indicate that any member “without leave or order of the Speaker previously obtained, (and) is absent from three consecutive meetings of the House to which he has been summoned…shall vacate his seat”.
“We have a situation where these members have not complied with the rules,” she said, adding that last month, another opposition legislator, Norris Prevost, who had also been boycotting the Parliament returned to take his oath as a legislator.
“So that individual has done what he had to do,” she said, noting that “the other two elected members did not do so and so I was placed in a situation where….I have no discretionary powers in the matter.
‘I have had no choice but to inform the two gentleman that their seats are now vacant and all parties concerned have been so informed,” she said, noting that the by-elections would be held in 90 days in keeping with the provisions of the constitution.
But James, who has accused the Speaker being on the “war path” against the opposition legislators, said the party had been examining the rules, the Constitution and has also taken note of a recent statement made by President N.J Liverpool “and it seems there is a great deal of uncertainty about what has happened.
“But if our understanding of what the President said is correct, he was saying that the question of vacating seats that decision rests with the High Court. That is what our understanding is of what he said as the President and as a man who has passed judgment of judges.
“So we are still waiting to find out who has declared our seats vacant and what authority that person had to declare our seats vacant,” he said.
Prime Minister Roosevelt Skerrit has been telling supporters that they should prepare for the by-elections.
Again I will firstly declare that I do not support no damn party. I lived abroad for quite a number of years, UK,Canada and US. Never once voted, i am yet to meet a politician I can trust, anyway thats beside the point
I find it fundamntally immoral that the Prime Minister can just dole out our hard earned money as he sees fit. The is a simple way to prvent this, the Prime Minister cannot also hold the office Finance Minister. All funds must be approved by the Cabinet and must be publicly reported by the government on a regular basis.
I am not aligned to any party. However, I have a question for Ron green and his cohorts.
Ron, you represented your constituency for quite a number of yeare, yet i note that it is only recently that these people have or are in the process of getting ready access to water. i learn that kids had to walk some distance to fetch water. Ask yourself this, what have you really done for your people? Don’t forget that you were at one time part of the ruling party. So why shoud you be surpried to be tossed out, albeit by a close margin.
Ron you have no pride and shame. As a long time representative and leader of your party, I would expect you to win comfortably such that we should not be ecen talking about recounts.
Leading up to the elections, a couple things caught my attention. I heard the UWP deputy leader say at a rally in St joseph that UWP would raise $3.5 BILLION within 2 years. At the same time, they are unable to raise suffiicient funds to produce their manifesto in a timely manner. Does this guy know what a BILLION Dollars really is?
The other bone head scheme was Bernard Wiltshire talking about Castle Bruce having its own currency. Jack ..!!! Where was the party leadership to veto such crap?
Last comment, where is Mr. Lennox? He used to be so visible leading up to the election.
I am not saying that Skerritt is a saint, but he is doing some infracsture stuff for the country and he avoided such stupd ideas like those advanced by the UWP
I think the President should clear the air on this matter before it gets foul.
I am a registered voter in the Marigot constituency……Skerro we ready for the next charter…..where is the list of names that were sent to the state department to be arrested….put me on it……..where are all those idiots ….If this was Christians best legal advice, god help his clients
Pappy show
SHUT UR FACE HUNGRY GUT IDIOT .
politics seems to be dividing our country…
eddo you knew quite well what would happen when you chose to boycott parliament…
it was only a matter of time…
daddy skerro whenever by-elections are called your supporters will be ready to rally round with you…
the outside world was also watching and listening when the fools were on the air waves everyday talking b***s***. its not only now they watching….
by the way…who is the leader of the fallen UWP na???
a political party without a leader…hmmmmmmmm……leaves one to wonder.
James and his clonies are again grasping at straws. They have never taken the oath they have not been sworn in to serve there constituents. Basically they have put two fings up at the ppeople who voted for them, because if the government is as they claim elected fraudalently, then there election was also fraudalent.
They knew what they were doing, there whole plan is to be subversive. and bring the country into disrepute. As for Lennox he forget when he was … in antigua is Skerrit that go get him and bring him home.
Magra sa. The UWP is trying to make dominica like some sort of pappy show, but they will fail. There is nothing wrong in having a united Dominica with the people working together for the common good.
Send the dissenters back to where they come from. Send eddison back to England he have British passport, and Ron to America…
Did edison fired ron green?
Something is very wrong: the speaker is the only one to decide if a member should be excuse or not and if she decides to not excuse a member can still turn around and declare the member sit vacant?The speaker says if she change her a question base on her interpretation no reasons need from her, is that same case for excusing members? The speaker says its ok to be speaker even if she openly supports a party. Should i assume also that once a member is elected their political future is in the hands of the speaker? Some how i dont think the the standing orders and constitution was so written, some body must be interpreting wrong very wrong i wonder who. Some one please enlighten us. President………..
I would really like to think that Mr. James was well advised before taking the decision to boycott parliament. By-elections were openly discussed as a possibility after the three seatings were missed and both parties expressed their preparedness to go to the poles whenever that came about. Mr. James even went as far as saying that the DLP was pushing a one party state agenda and Prevost took vows on the third sitting.
So when really did Mr. James realize, or did anyone for that matter, including the government, that an empty seat cannot be vacated? I would imagine that this point would have been brought up from day one or earlier by the UWP, at least at the People’s Parliament.
Are these politicians not doing their home work, or is it like, “Oh, guess what, sudden discovery, new rabbit from the hat, an empty seat cannot be vacated. Hahaha. Let’s kill time, most people don’t know the laws anyway. What they don’t know won’t hurt them.”
This is pure BS from both political parties.
For how long will we Dominicans be treated like fools and taken on a political joy ride?
This is just nonesense.
Edison James you are nothing more than a hyprocrit you and your UWP lost and lost so bad that you all are ashame because the people rejected all you and all you got mad you need to seek advise from a sicaritristto see if your head is alright. Country’s developement is not on UWP’s agender is trouble that is your aim so you and you gang of cowards fraid all you shadow so you stayed out of parliment the speaker did the right thing throw you all out and out you will stay.The UWP is a war monger creating a state of war in our peaceful country but wuill not suceed GOD is in control of DA not you or any body else,you have no excuse for your absence so you are out and well out Marigot should now vote labour for more developement
All you blinded Dominicans better give Edo a chance to exercise his God given rights in our democratic DA……………
Declaring a seat vacant or empty would mean that seat in question was occupied at some time before the declaration was made. Were those seats vacant or empty? YES. No seat could be assigned to those men since none of them has up to this time taken the oath of allegiance. They have not taken the oath so they could not be sitting in Parliament even though they are elected members. Like it or not they still remain the representatives of Marigot and Salisbury,
Therefore if those men have not taken the Oath of Allegiance, which is a precedent for taking ones seat in Parliament, and as a result not been sitting in Parliament since the first seating, it is reasonable to conclude that their seats remain vacant. Those men are not bound to take the oath immediately. The constitution and Standing Orders are clear on that.
How could a seat which has been vacant from the beginning of 2010 Parliamentary Meetings be declared empty by the Speaker. The Speaker must have observed since she was present that the seats were never occupied and remained vacant or empty up to this day.
Dominica is facing a constitutional crisis.. The people need to come to grips with those few persons in authority who suffer from HUBRIS SYNDROME. A few feel they could do whatever they want without transparency, without questions being asked, without oversight, without accountability, without respect for the laws of the land. There are many, many examples in Dominica to show how a few manipulate, twist, or distort issues even though the circumstances and facts prove otherwise.
Two fundamental questions here. Were the seats vacant? If Yes then a declaration to make them vacant, after they have been vacant , cannot be valid. The declaration is ill advised and misleading. All those sympathisers of the Speaker and the PM, didn’t you read the President’s Speech? Your statements follow no logic but smeared with partisanship and misguided insinuations of knowledge of the law. The most learned legal mind in Dominica, President Liverpool, had differing views to that of the Speaker and the PM on that contentious constitutional matter. Maybe you all feel the President has no executive powers, he is too old to advise on such legalities, as the historian wants us to think that the older persons with years of experience and knowledge in our midst need to take a back seat.
LESPWI TET KONDWI KOR. COMMONSENSE.
WHAT IS THE SECOND QUESTION?
WELL FROM MY LAYMAN KNOWLEDGE ONCE YOU WIN YOUR SEAT YOU ARE AN ELECTED MEMBER AND YOU ARE REQUIRED TO ATTEND THE HOUSE OF ASSEMBLY WITHIN 3 SITTINGS OF THE HOUSE!!
IF YOU MISS 3 SITTINGS WITHOUT LEAVE BY THE SPEAKER YOU ARE OUT!!!!! UWP WANTS CHAOS AND ANARCHY IN THE COUNTRY BY NOT ACCEPTING THE DECISION AND STILL NOT CHALLENGING IT IN THE COURT, SO WHEN THE ELECTORAL OFFICE COMMENCES THE PROCEDURES FOR BY-ELECTION THEY WILL ASK THEIR SUPPORTERS TO COME OUT AND PROTEST, THEY HOPE THAT WILL HAVE A DOMINO EFFECT FOR THE FALL OF THIS ADMINISTRATION. WELL BRO THIS WILL NOT GO AS PLAN!!!!!!! WHILST A HANDFUL OF SUPPORTERS WILL SHOW UP THE MASSES WILL STAY OUT OF THIS BS!!!
AT ONE POINT I HEARD LENNOX BASHING THE PRESIDENT AS THE MOST INEFFECTIVE PRESIDENT, RON GREEN ET AL WROTE LETTERS AND HAD MEETINGS WITH THE PRESIDENT BECAUSE THEY FELT HE WAS INEFFECTTIVE NOW HE IS THE BEST LEGAL MIND, WHAT HYPROCRACY?
I ALWAYS HAD CONFIDENT IN THE PRESIDENT! THE SPEAKER IS WITHIN HERRIGHTS AS HEAD OF THE HOUSE!!!!!
I am a just a peasant and need and want to learn. Can one of our learned friends or country men explain to us what is being tried to be said. There are so many lawyers in Da. that can help us normal people understand.
Then again I think the President can step forward and tell us what is going on.
I am open and willing to learn. This is getting to a level of complexity that we need or I need some help.
I am perplexed! On the one hand the UWP made it clear that they will not be attending parliament so as to not “validate” the government of Roosevelt Skerritt. Then on the other, they are writing letters asking to be “excused” and are upset because they are out. Am I missing something? You are either in or you’re out! You cannot expect to stay out of the house and then still hold a seat. I guess talk is really cheap.
Tres bizzare!!
This man is trying to distract the government from moving forward with all it’s progressive plans. Move aside James. Dominicans made a mistake in electing you as PM years ago. We have a progressive government which is working is working in the interest of all the people. Get lost and take a vacation to a ZOO in Africa.
” Anonymous!”
There is a reason why you are an fictitious, and anonymous, person. If there is room in a Zoo in Africa, for Edison James, I think you would be an excellent companion for him, beside we know his name.
What’s yours?
It is one thing to play politics, however, the attempt to compare a human, or bring a human down to the level of an animal, does not sit well with most of us.
I think you are despicable, you are a disgusting, you lack commonsense, and I consider you the lowest of the low; and since your intelligence seems no higher than the inhabitance of the Zoo in Africa, you want to put James into, I think that one is too clean for you, I think you are better off in the one you now resides.
I only hope you are not about to eat your progeny’s, and siblings which occupy’s the Zoo in which you now live.
I am personally offended by your comments!
Francisco Etienne-Dods Telemaque
Thank you for that reply , that just the level that Dominicans has gone to, its very shameful.
Regardless of what has happened before it is wise to listen to the President’s remarks on the matter. The man is a former Judge of high repute. Stop this silly bashing left and right. Educate yourself.
Mr. James is correct. Read the Constituiton.
So if Mr. James is so correct why then there was a rush to have Mr. Prevost take his oath in Parliament?
Had Lennox not taken upon himself the investigation of the constitution and compare what the President said recently he would have never said what he is saying now!
So it is clear that after 20 years as a parliamentarian Mr.James lacks total comprehension of the constitution of Dominica and he was Primeminister. Can you imagine the comedy of errors he made as PM? It is there for all to see
… DOESN’T HE HAVE A FAMILY TO TAKE CARE OF? … DRAGING IN JOHN ALONG WITH HIM … GET A LIFE MAN AND GROW UP – TON-NEEEEEEEEEH
Oh my friends and countrymen, there is an uncertainty of your democracy hanging over your heads. It behooves the civic-minded people of this beautiful island to take stock of the political process, educate the ignorant so that they may see the light. Our island is at a cross-road of democracy and dictatorship. The DLP’s agenda is no secret to anyone, their self-serving deeds will soon catch-up with an enormous price to pay. Wake up my people! stop the blame game and put country first. The Speaker is not the godess of the land.
Dominica has no president
I knew all along that you are walking on your commonsense !
Who is Liverpool, and what is his present position in Dominica?
Mr James and co knew exactly what they were doing when they made their decision to boycott parliament from day one after the election. they also knew the consequences of such a folly. they chose to run their own unconstitutional parliament in opposition to the constitutionally accepted sitting of parliament. what’s their next move? will they be setting up their own unelected/unconstitutional government? These guys should be tried for treason, not just vacated from their seats which they never occupied.
I think that it’s time for the President to step in cuz there’s too much political crap being splatted all over Dominica. It seems that everyone is seeking his/her 15 minutes in the spotlight.
So sick of Eddie and the … band.
So that is what LOPS is all about?… that is dangerous to the body and mind.
Mr. James has never cease to amazed the Dominican people, more so people who does not see his point of view. When Mr. James states, and I quote,”But if our understanding of what the President said is correct, he was saying that the question of vacating seats that decision rests with the High Court. That is what our understanding is of what he said as the President and as a man who has passed judgment of judges”.
Is Mr. James really telling the populace that the High Court will just take on its own and declare a seat vacant without representation is made by another authority? Is the High Court involved in the polictics of the Island and motitors who is at Parliament and who isn’t, so that it will declare a seat vacant? What rubbish on the part of Mr. James.
Surely Mr. James’s understanding of the Standing Order is Screwed and really needs to go to the High Court for Direction. Maybe he needs to seek advice from Lawyer Lennox Linton on the Constitution and the Standing Orders regulating Parliamentarians. Obviously, he may have been misled by his Counsel Mr. Lennox Linton who seen to be a Great Constitution Lawyer at ViceQ95FM.
By the way, will some one tell me which Law School Mr. Linton attended and how long has he been a Constitional Lawyer or maybe he can just tell me if he reads this blog.
Mr. James is surely gasping at straws in the ocean so as not to sink. One other point on this ridiculous issue, after the by-election which I expect will be called after the Court Case is heard on the 18th. of June 2010 of which both Mr. James and John will win, is for Parliament to amend the Constitution making it mandatory for anyone who wilfully refuses to attend Parliament by his own doing to be barred from holding and or participating in any National election for five years, and for a second such offence to be barred for ten years.
This would prevent and politician, scrupulous politician from attempting to make a mockery of Parliament as we saw earlier this year.
Speaker of the House has categorically denied using her authority to push for by-elections, and has opined that she is being used as a scapegoat by members of the United Workers Party (UWP).
I get the impression that I am being used as a scapegoat. What use is by-elections to me personally?” the House Speaker asked, advising the UWP elected members: “if you don’t want by-election you come to parliament.”
According to her, she does not own the House of Assembly and she adheres to the rules in the execution of her duties.
Knights claimed that James is asking her to validate his boycott by accepting a letter of information about being absent from the last sitting of Parliament, as a request to be excused.
Meanwhile, Leader of the United Workers Party Ron Green noted that the party will decide whether the two members will participate in a by-election soon.
Mr James and company alone that know what syndrome they are suffering from. Bondieu protect my homeland from these people. Were mr James and company deliberately engaged in such actions just to cast the speaker in a bad light and to create civil unrest in Dominica to satisfy their own plans to grab power ? Papa bondieu meteh la pais en cheh Domnichen
From way back in secondary school in the 80’s up to today whenever i see or hear this man the first thing that comes to mind is LIAR
but of late he has lies has transformed him …
Oh Mr. James, You and LKennox and your party must stop playing on people’s ignorance. You know you missed three consecutive seatings of the parliament wihtout leave of the Speaker. You know that in keeping with the rules you of the House which kept you as Leader for 4.5 years, by your own action did vacate your seat. Are you saying that you did not missout on 3 consecutive seatings of the House? Is that your position? Well the records in the House will indicate that since the last elections thatwas held in Decemb er 2009 and both you and Mr. John who were duly and legitimately elected at the polls (never mind the old list) you did have missed out on three consecutive seatings of the House. The parliament wa snot held in secret. You were duly notified. In fact you told the world all alomng that you were not going to take your seat in the parliament. You convened what you called the “people’s Parliament” instead. So having missed out on thrtee consecituve seatings of the parliament, by your own action you vacated your seat. It is not the Speaker doing. If she purported that she vacated your seat then she is wrong. But it is you who told the world that you would not go to parliament untill your demands for electroal reform are met. And that means your seat did become vacant. Mr. Prevost, your colleague who missed two consecutive seatings tohgether with you returned to the parliament on the third seating and took his oath of office and thus prevented his seat from becoming vacant . So why did he return to the fraudulent parliament as he stated at your press conference. Wasn’t it to safe guard his seat? Why is his eat still properly filled?
Now that you have missed three seatings and the rules provide that should you miss three consecutive seatings you are out,why then accuse the Speaker of “illegally vacating your seat”? Why ask the question about who vacated your seat? If you have a problem with the announcement that was made by the Speaker to formalize what you did – vacate your seat, then why not go to the High Court to get redress. Perhaps you and your DON C advisor are right and the High Court will rule the Speaker wrong. Are you afraid of the court? You shouldn’t be.
YOU ARE FIRED!!! Eddie, find some other job to do.
eddie get a life … is time for u to kick back
and relax your retreament is long over due you fighting a battle all ready lost
Edison you fired yourself….lol and hector brought the paper for you to sign….lol
JAMES GET A LIFE ………………….. GET DOWN ON YOUR KNEES AND AS THE LORD TO FORGIVE U AND ENJOY THE REST OF YOUR LIFE ……………………. TAKE A TRIP WITH YOUR FAMILY … BETTER YET TAKE A VACATION TO A ZOO IN AFRICA …….. ENJOY SOME BANANA AND STOP TRYING TO DISTROY MY LOVELY ISLAND DOMINICA …………… YOU AND SPENCER THE SAME DAMN THING
The Seaker is well within the Law to rule that the seats are vacant. However that ruling can be question in the courts.
There is precedence for this in the Parliament of Domiica.
DNO when Patrick John the then Parliamentary Representative for St. Joseph was sent to prison, he missed three consecutive sittings. It was the then Speaker of the House who ruled the seat to be vacant and not a Judge. I cannot ever recall that matter going to court.
If there is any question as to whether the speaker has ruled correctly then an application must be made to the courts to determine that question. But the Speaker is well within her legal rights to rule the seats vacant.
That was a different matter, PJ was in jail, but those man outside. As the president say, remedy for her action can be sought through the high court so let it take its course there; and let us hush our mouths and wait, papa bondieu, oh
and the soap continues
What di hel is wrong with this blasted man? He seems not to have any work. Man stop playing games. The island is not your estate.
no it is somebody else estate,your pm!
the outside world is reading your comments stop embarrassing us dominicans that live overseas
Not Alix or Roosvelt own either
How interesting.
All of a sudden the speaker knows of the constitution and in keeping with it’s provisions.
Isn’t that same constitution which states that someone with dual citizenship cannot be elected into public office? Why haven’t that been cleared yet?
As always,,,,seems these ‘big wigs’ hatters of others, men in particular, uses the constitution and other laws of our land to open ways for them, yet close it for others whenever they can while they go down the same path.
What is Dominica coming to?
Wake up people.
POINT WELL TAKEN…