Dear Editor,
Please allow me some space to share my opinion on what transpired yesterday in parliament with the eviction of Mr. Jamaul Pringle, the leader of the Opposition.
Listening to the case and doing my own research, I have to conclude that I am in agreement with what the president did was done on the premise of the standing order / constitution by which she is guided by.
However, below is an extract I got online which peeked my interest.
” Generally, the oath of allegiance does not necessarily have to be taken during a formal sitting of Parliament, unless the Standing Orders or parliamentary practice specifically require it.
Under the Constitution of Antigua and Barbuda, the requirement is that the member must “make and subscribe” the oath before taking part in proceedings. The Constitution itself does not expressly say the oath must occur publicly in the chamber or during a sitting.
In many Westminster-style systems, including Caribbean parliaments, the oath may be administered:
- at the first sitting of Parliament;
- in the office of the Speaker or President;
- before the Clerk of Parliament;
- or at another authorized setting arranged by the presiding officer,
especially where urgency, illness, absence from a sitting, or procedural necessity exists.
What matters legally is usually:
- the oath is administered by a person authorized to do so;
- it follows the constitutional form;
- it is properly recorded; and
- it occurs before the member participates.
So, if the Speaker (for the House) or President of the Senate arranged a private or administrative setting for the oath to be taken and recorded properly, that would likely satisfy the constitutional requirement, unless a specific Standing Order says otherwise.
Why then couldn’t the speaker/ president arrange a private setting prior to the Governor General’s presentation and have the swearing in of Mr. Pringle done?
Mr. Pringle’s absence was not one of any frivolous nature but one that required the moral, emotional, & paternal support towards his sick daughter.
Alex