Ensuring that the Hierarchy of the Dualistic System and Good Governance is Upheld
PM: "As we go along we will be faced with these proposals for change. We should be big enough to admit that we are growing as we go along and where we need changes we will do such"
The Prime Minister of St. Maarten the Honorable Sarah Wescot-Williams attended the Central Committee of Parliament meeting on Thursday regarding the proposal to amend the law regarding the membership of the Oversight Committee of the National Security Service VDSM.
The Prime Minister explained the proposal to Parliament to which would make a small yet significant change to the law that governs the VDSM, proposing to remove the membership of the President of Parliament on the Oversight Committee of the VDSM to an appointee by the Constitutional Court. The proposal would remove the membership of the Oversight Committee from the President of Parliament, regardless of who holds that seat, to a person appointed by the Constitutional Court.
The Prime Minister firstly welcomed back the Members of Parliament who were in attendance from the summer recess and continued to explain the proposed changes in detail: "I would like to welcome the Members of Parliament back after the summer recess and welcome President Arrindell back after her vacation. The topic I will elucidate today is the proposed amendment to the law of the National Security Service of country St. Maarten VDSM which would result in a small yet significant change to the Oversight Committee.
"There is a chapter on the law of the National Security Service regulating its supervision. This law establishes that there will be a Commission that stipulates the supervision of the VDSM. After careful consideration and review of the current composition of the Supervision Commission, which consists of a representative of the Joint Court of Justice, the Vice Chair of the Council of Advice and the President of Parliament, the proposal was launched to have the position of the Chairperson of Parliament changed to a submission of someone who comes from the Constitutional Court. The considerations of this amendment relates to two matters; firstly that the Commission must report to the Minister responsible for the VDSM, the Minister of General Affairs or the Prime Minister. Thus the position of the Chairperson of Parliament as part of a Commission that must report to the Prime Minister is in fact a skewed position. The political responsibility of the Prime Minister is to Parliament and the President of Parliament, and the responsibility of the Oversight Commission and the members thereof is to the Prime Minister. Because of this there is indeed a skewing of the hierarchy and that is something that must be avoided.
"Secondly, in a small community like ours the perception could be created of some type of political influence in the Committee. I am sure that Parliament can agree with me that this is not desirable. We want to avoid politicking or the perception of politicking in a position as sensitive as the Oversight Commission for the National Security Service.
"The only change in this amendment is to change the membership of the Chairperson of Parliament, regardless of who has that seat, filled by someone appointed by the Constitutional Court," commented the Prime Minister.
In her answers to the questions posed by the members of Parliament, the Prime Minister stated that the law governing the VDSM, which was initially based on the Aruba system, was not made on the basis of issues but from the Constitutional Perspective, or the relationship between the dualistic nature and the overall controlling right of the Parliament of St. Maarten. "The President of Parliament is not being removed; the position of the President of Parliament on the committee is being changed or amended by this proposal. It is not as if that committee is a conduit of information on the service to the Parliament, the committee ensures that, according to the law, the National Security Service operates. This Service has far reaching powers according to the law and therefore there should be checks and balances with regards to the Service and that is the role of the Oversight Commission or the Supervisory Committee. The person that is in the Commission has a specific task as outlined in the law. The information about the VDSM gets to Parliament via the faction leaders of Parliament. I need to take away the perception that if the Chairperson of Parliament were not in the committee the accountability of that service would not be given. That is not true and again that is the responsibility of the faction leaders. In fact Article 56 Sub 2 of the law that governs the VDSM clearly states that Members of Parliament can also request an investigation as to the execution of the laws of the Service as expressed by the Majority of Parliament that has to be submitted within the period of six weeks. I am not trying to be patronizing by stating this but I have done so in order to highlight that that is not the case because of how the commission is expected to function," commented the Prime Minister.
"The point I would have wanted to stress in the answering of this point is that it is not about the representation by Parliament and it should not be conveyed in that matter. Nowhere does it state in the law that regulates the VDSM that Parliament has a role on the basis of the Chair of the Parliament in the Commission. It is not the case that the Parliament is being excluded from a function. We, going towards 10-10-10 had to work in a pressure cooker system because there were particular laws that needed to be ratified and passed or else Country Status would not have happened. There were some areas were we saw a system and we thought the system worked and we took them over. We are going to have to change some of those because some of the situations have changed. As we look at the laws we will, in the future, see that there has to be a discussion regarding the functioning of that law. As we go along we will be faced with these proposals for change. We should be big enough to admit that we are growing as we go along and where we need changes we will do such."
The final decision on the proposal will be taken at the Public Meeting of Parliament which will be held as soon as possible according to President of Parliament the Honorable Gracita Arrindell.