‘Respect due to opposition senator over lawmaking errors’

Opposition Leader Joseph Atherley has chided the Government for continually “fumbling” important pieces of legislation.

He also knocked the Mia Mottley administration for not thanking Senator Caswell Franklyn for pointing out the legal error made when the appointment of a second Deputy Commissioner of Police was made.

Atherley was speaking today during the debate on the Police Amendment Bill in the House of Assembly when he charged that Government was making major mistakeas from Day One.

“It reflects a bungling that is disappointing when one recognises the number of legal persons on the other side; when one recognises the talent boasted of on the other side . . . That we can have these repeated major missteps is a disappointment. It started from day one and it continues up to today.

He continued: “This administration failed to get right what is clearly constitutionally provided for in the appointment of two senators. From day one that was bungled. To see repeated bungling at this level on these major issues is quite a concern for an administration so endowed.  A whole series of things I won’t list them off.

The St Michael West MP made reference to the recent “hold” placed on the Planning and Development Bill by Minister in the Ministry of Economic Development Marsha Caddle.

“It is now fumble mania. People are fumbling the ball in the field all part of the field. You are now trying to walk back from these planning and building stipulations in the amended laws.”

Of the Police Bill, the Opposition Leader said the AG’s initial reaction was acceptable but an attempt to defend “a wrong” made matters worse.

“When admitted the misstep by the honourable Attorney General he said that it was a matter that had to be properly addressed and tidied up. A course of action to so do should have been immediately taken rather than we having been privileged to have that course of action embarked upon we had an attempt outside from the Attorney General and from higher up to reinforce the view introducing some dubious principle of implied repeal.

He added: “I have heard legal opinions scoff at that notion as well. That could only make matters worse; that could only seem a feeble attempt and misguided attempt to defend a wrong which can happen with anybody with any entity. The better and proper approach, the more advisable one would have been the one taken then by the Attorney General. We got this one wrong I will correct it and get it right rather than seek to reinforce a view, which in the minds of the majority, could not be supported.”

Atherley told the Lower Chamber that the AG declaring he sought legal advice did not make the wrong right.

“The Honourable Attorney General and Government may have been advised by the two of the highest legal minds in Barbados on what was done but it did not circumvent those regulations. He chose not to mention those prominent legal persons.

“To stand and say we were advised by two of the best legal brains and what we did does not settle the issue for those who are otherwise advised that it is not alright. The exercise in which we are engaged today is an attempt, I believe, to make what was not alright, right,” the politican said.

Atherley, the leader of the People’s Party for Democracy and Development, told Government that they should thank Senator Franklyn for highlighting the error.

“The Senator from the other place, who speaks in the name of the Opposition, should be credited for having raised this matter brought into public attention. And the fact that popular public opinion rallied around his view and his position also informed by sound legal advice.

He added: “The fact that the popular opinion out there rallied around his view should be noted and acknowledged. The honourable member from the other place (Senator Franklyn) should have been publicly credited and thanked by the Government for drawing it to their attention as perhaps an oversight.

“Rather than seek to have him derided in the face of the public to laugh off or pass off his comments as nuisance comments not worthy of a response. To me, that was a disrespect that was uncalled for,” said the Opposition Leader.