URGENT BRAIN SURGERY NEEDED

It seems the human resources issue created by the Speaker’s appallingly callous treatment of former Clerk of the House isn’t going away soon.

The Speaker’s distribution to MPs of her written reprimand reportedly before it was seen by the Clerk was followed by her almost immediate volte face regarding tabling of Auditor General (AudGen) reports that languished in Parliament for weeks. The reports had previously been sent back to AudGen but that “return” unceremoniously bounced higher than a rubber cheque!

I gave a letter to the postman.
He put it in his sack.
Bright and early next morning
he brought my letter back.

(She wrote upon it)
Return to sender; address unknown;
no such number; no such zone.
We had a quarrel; a lover’s spat.
I write I’m sorry but my letter keeps coming back!

Running out of options; under constant pressure from non-tribal Jamaicans (and many from the Orange tribe); and, coincidentally I’m sure, after the local government elections were over, Speaker tabled the reports. It turned out they weren’t very complimentary of a couple government agencies’ spending practices.

Meanwhile the Speaker found time over the prior weekend to pen and publish an “it-wasn’t-me” letter to the Clerk publicly shoveling blame for inaction on the submitted reports onto that public servant. I write “publicly” because, having circulated it to 62 politicians it ended up (surprise, surprise!) in media. According to the Clerk, she learned of the contents of the malignant missive on her car radio whilst her son was in the car.

Utterly shameful!

I’ve already made my opinion of the delay in tabling AudGen/Integrity Commission reports pellucid. I believe the former is unconstitutional and the latter in breach of the Integrity Commission Act. It seems to me this Speaker has an exaggerated view of her role and function. The Speaker of the House is a creature of the Constitution so, as Speaker, can do NOTHING that isn’t set out in or permitted by that Supreme Law.

Constitution section 52(2): “The Speaker….shall preside at each sitting of the House of Representatives”. That’s it. That’s all! My pal, Oxford English Dictionary, defines “preside” as “to lead or be in charge of a meeting, ceremony, etc.” The Speaker is in charge of nothing or nobody else (including the Clerk) save and except insofar as the Clerk participates in meetings of Parliament. The Constitution goes so far as to severely restrict the Speaker’s right to vote (recall Speaker is also MP) to a casting vote if there’s a tie or voting on some constitutional Bills.

A presiding officer enforces the rules of meetings and settles disputes between or among members in accordance with those rules, in this case the Standing Orders. A Speaker of any Parliament has zero authority over any public servant other than MPs. Any citizen, including a Speaker, has the right to criticize but not to formally reprimand any public servant.

In employment situations a reprimand is issued after a complaint has been investigated by the employer and the accused employee has been afforded due process. Parliament’s Clerk (also a constitutional officer) is appointed by the Governor General on the Speaker’s recommendation and can only be removed by a 2/3rds majority vote of MPs on a resolution stating the Clerk is unable to perform (infirmity) or for misbehaviour. As holder of a public office she shouldn’t be subjected to this sort of gratuitous, unilateral abuse or public calumny.

The Clerk retires at 65 unless an extension is granted by a three member Commission of Senate President; Speaker; and Finance Minister (or his nominee). Ms Curtis’ tenure was extended by this Commission 2 years ago but a further extension refused immediately after the letter surfaced.

I join the cacophony of Jamaican citizens, including the Opposition, calling for a formal withdrawal of the letter and a public apology from the Speaker.

But let’s not lose sight of the bigger picture. Instead of treating the disease symptomatically, especially as, in this case, where symptoms are countless and threaten to overwhelm treatment methods, we should go directly to the disease’s source and cut it out. The disease is a political cancer affecting Jamaican governance that has metastasized to every part of the national body politic.

I read Gleaner’s front page coverage (April 16: Curtis says she complied with Speaker’s ruling on reports) of the circumstances surrounding the delivery of the offending reprimand reported from the Clerk’s perspective. While most public commentators were constructing timelines and salivating about who did what when, one sentence by Senior Staff Reporter, Edmond Campbell, leapt off the page at me:

“Curtis also revealed that after the former Clerk returned the FSC audit report, on January 8, the Speaker reportedly told her that she would write to Cabinet to seek direction on the way forward.”

Wha, wha, WHAT? Say it ain’t so!

Why would a Speaker even consider writing to cabinet “to seek direction”? She should perish that thought. We must always be cautious regarding information via Chinese telephone. But, if this report is accurate, it exposes the governance cancer’s source as surely as open surgery.

The origin of the disease is the appalling lack of constitutional understanding in Parliament. The biggest obstacle to Jamaica’s progress is that, deceived by this blissful ignorance, politicians calmly, casually and habitually hijack every governance structure for the benefit of political parties.

Parliament is one of three constitutional foundations of good governance but very few if any of its members have read or understand the Constitution. As a direct result of that neglect, they feel no guilt whilst usurping the constitutional role of MP in order to further the need for obsessive compulsive politicking in constituencies. There’s not a scintilla of respect for or understanding of the fundamental principle of separation of powers.

So Parliament blithely provides for the paradoxically named Constituency Development Fund so MPs can buy votes by spending the same money for which they approve annual government budgets instead of monitoring and overseeing government spending it.

So Cabinet sits in and dominates proceedings of Parliament thus converting the legislature into a Government rubber stamp.

So Majority MPs with cabinet ambitions are appointed Parliamentary Oversight Committee Chairmen for the expressly alleged purpose of more work getting done but resulting in parliamentary paralysis via fewer and fewer meetings. Don’t bring any “lack-of-space’ argument to me! At 200-300% salary increase MPs must get the job done wherever space can be found. At least that would be one rented space actually used by government.

In light of this history of abuse of parliamentary authority and gay abandon of parliamentary responsibility it oughtn’t to come as a surprise that a Speaker might believe she must ask Cabinet for “direction.”  Jamaica’s governance cancer is at Stage 4. It has spread to the brain of the body politic; consumed it; and replaced it with political tribalism, political obsequiousness and political submissiveness.

Urgent brain surgery is required. This can only be successful with radical education and constitutional reform. Nothing changes if nothing changes!

Elvis Presley was unquestionably one of the best singers of his generation. White America dubbed him “The King” for all the wrong reasons but he was the real deal. Growing up as what America calls poor white hillbilly trash he learned Christian values and attitudes from his devoted mother and was inspired musically by the Church and in Blues joints.

Along with Johnny Cash, Ricky Nelson and Carl Perkins, Elvis is credited with “creating” Rock and Roll (“Rockabilly”) during a famous session at Sam Phillips’ Sun Records studio. Chuck Berry and Little Richard hotly dispute this but White America won the PR battle. The truth is “official” Rock and Roll (Louis Jordan; Little Richard; Chuck Berry had long used “Rock and Roll” interchangeably with “Jump Blues”) was White America’s desperate attempt to respond to the Blues’ growing popularity.

The Sun sessions assimilated Blues and Country based on Elvis’ experiences at black dancehalls and his friendship with the legendary B.B. King. Return to Sender, written by Winfield Scott/Otis Blackwell, is about a spiteful partner’s childish behaviour after a break-up. It was recorded by Elvis in October 1962 at the height of his Rock and Roll powers. The song, eventually certified platinum (one million sales), was Number One on the UK Singles Charts and peaked at Number 2 on the USA Billboard Charts behind Big Girls Don’t Cry by the Four Seasons.

According to Edmond Campbell: “However, the former clerk said she advised the Speaker to write to Leader of Government Business Edmund Bartlett” which advice was accepted by the Speaker.

I’d say all’s well that ends well but this is far from ended and the cancer continues to spread.

Peace and Love

Tags: Auditor General, Clerk, constitution, Elvis Preslet, parliament, Speaker