A newly passed law defines the powers, privileges and immunities of the Montserrat Legislative Assembly.
Among other things, it allows members to speak freely without risk of civil or criminal hearings and lays down the penalties for taking bribes.
The Legislative Assembly (Powers, Privileges and Immunities) Bill 2024 passed through the assembly and into law on 25 June.
Attorney General Sheree Jemmotte-Rodney, on presenting the bill, said the topic is contained within Constitution of Montserrat.
It states that the legislature may, by law, determine and regulate the powers, privileges and immunities of the Legislative Assembly and its members, she explained.
However, since the passing of the constitution, no such law had been enacted.
The Commonwealth Parliamentary Association noted this absence during a benchmarking exercise and recommended that a law be put in place.
Parliamentary privileges
Parliamentary privilege is the rights enjoyed by an assembly and by members individually, without which they could not carry out their functions.
Some privileges rest solely on the laws and the customs of the parliament, while others have been defined by statute, Jemmotte-Rodney told the assembly.
“Privilege is, to a certain extent, an exemption from the ordinary law,” she said, and helps to maintain the “dignity, authority and honour” of parliamentarians
It also helps to safeguard the members from any obstruction in the discharge of their duties, the attorney general said.
No bribes
Jemmotte-Rodney described some of the contents of the bill, which include allowing members to speak freely without risk of civil or criminal hearings.
It states that non-members do not have the right to enter or remain within the chamber or precincts of the assembly. This is by decision of the speaker.
Groups of 12 or more cannot attempt to intimidate the assembly or any committee during a sitting, the bill also says, and members cannot accept bribes.
Jemmotte-Rodney called the bill “an important step in the history of this assembly” towards becoming a modern institution.
“With this bill, we will no longer be relying on convention, in terms of parliamentary privilege, but we will now have in place a legislative framework,” she said.
New clarity
Premier Joseph E Farrell, who rose in support of the bill, said for the past 18 years that he has sat in the assembly certain rules have simply been accepted.
He said identified weaknesses in Montserrat’s systems need to be able to stand up to international scrutiny “if and when the case arises”.
“I’m very pleased that this bill has now come so at least we have a document that we can make reference to if we’re unclear on any procedures in the house.”
Crenston Buffonge, Minister of Agriculture, Lands, Housing and the Environment, also rose in support of the bill.
“What the bill does is to improve the efficiency, independence and integrity of our legislative processes,” he said.
The minister said it speaks to the independence of parliament as a cornerstone of democracy, and prevents undue influence from the executive, judiciary or any powerful private interests.
Moral compasses
The law will stop members from self-censoring and give them the protections to speak on any topic, Buffonge said, but added that does not mean they should be careless.
“We should still use our moral compasses in the things that we say in here,” he said.
The bill was read for a second time, and went through the committee stage with amendments.
These included an increased fine for offences within the law from EC$4,800 to $10,000 and an increased prison term from three months to six months.
The committee also asked for the fine for taking bribes to be increased from $7,000 to $15,000.
The assembly then read the bill for a third time before it was passed into law.
