Mark, Khan clash on EBC

OPPOSITION Senator Wade Mark said the Elections and Boundaries Commission (EBC) must not be above the law but be subject to Parliament’s scrutiny, but Senate Leader Franklin Khan rejected this call as an attack on a body with a sterling reputation.

The Senate yesterday debated Mark’s private motion for Parliament to pass laws to bring the EBC’s operations under its scrutiny.

Saying the Constitution (section 71) says the EBC is subject to no other authority, Mark lamented the EBC is now above the law and not accountable to Parliament. “Why is the Government fearful of scrutiny, accountability and openness? Who is the Government protecting?” Mark hit the EBC for extending polling times by one hour in the 2015 General Elections, vowed such would never happen again, and complained no mechanism now exists to air the Opposition’s grievance about that situation. “Nothing will stop us ensuring free and fair elections. I want to put the PNM on notice: we know all the tricks you have up your sleeve. We know your game-plan, everything you intend to do.”

Mark said elections are run under a 1967 law (Representation of the People Act) that needs upgrading. He lamented, “Why has the EBC not taken a decision to extend the number of constituencies in TT?” He alleged little shifts in electoral boundaries amounted to gerrymandering, but was made to withdraw the remark by Senate President Christine Kangaloo.

Khan promised to be “blunt, frank and brutal” in his discourse. “The Government cannot and will not support this motion, for cogent and justifiable reasons.” He said the EBC is a creature of the Constitution and said such institutions deserve more respect. “If there is one success story in our country, it is the EBC.” Khan said over the years the EBC has acted with credibility and distinction, fostered democracy, maintained its independence and won respect here and overseas. He said a Commonwealth report on the 2015 polls had hailed “the high confidence” of the citizenry in the electoral process and the EBC. The 2018 democracy index of the Economist magazine’s Economics Intelligence Unit rated TT at 43rd best out of 167 nations, and fourth in Latin America. “Election is coming and it is the Opposition’s intention to bring any institution into disrepute to serve their needs.”

He explained the EBC’s recent transfer of 500 voters from San Fernando East to San Fernando West by saying this was to bring them within the EBC bounds of having a population of no more than 110 per cent and no less than 90 per cent than the national constituency average, respectively.

Khan justified his respect for the EBC by naming its distinguished chairmen over the years, respectively Sir Evan Reece, Sir Isaac Hyatali, Oswald Wilson, Dr Norbert Masson and now Mark Ramkerrysingh. “There is no basis in law, logic, common sense or even democratic principles to interfere with the EBC,” he said. Regarding 2015, Khan said the law courts had shown that even if every person voting in the extra hour had voted for the UNC, it would not have overturned the PNM’s victory.