Daly: Abstaining from voting in Senate gives government majority

Martin Daly SC -
Martin Daly SC -

A former independent senator said the decision by independent senators to abstain from supporting the procurement legislation had the same effect of a yes vote.

Martin Daly, SC, said that the media and others portrayed the wrong information when it reported that the Government only needed support from one of the nine independent senators in order to pass the legislation last week.

"The Government was seeking a simple majority for its proposal. In that case, from the moment the first abstention on the final vote occurred, the Government was home and dry, even if all the opposition senators and the remaining eight of the nine Independents voted against the proposal," he stated.

Daly said according to the Constitution, in order to secure a simple majority in either House of Parliament the proposer requires the support of “the majority of the votes of the members thereof present and voting.”

He stated an abstention is neither a vote for or against a motion requiring a simple majority.

The legislation was approved in the Senate with 16 government senators and one independent senator voting for it, the six opposition senators voting against it and eight independent senators abstaining.

The Opposition objected on the removal of clauses which sought to cover government-to-government agreements and other contracts while some on the independent bench said the legislation was not effective without the relevant regulations to support it.

"It is separately counted and reported on to the presiding officer. It is not tallied among either the yes or no votes. In the instant case in the Senate, an abstention therefore had the same effect as a yes vote," said Daly.

He said the criticism of Independent Senator Dr Maria Dillon-Remy who voted for the legislation was unacceptable and noted the "abstentions of her colleagues on the independent bench did the trick for the government."

Daly encouraged Dillon-Remy to "stay strong and courageous" in her convictions.

"Brush aside the abuse you have suffered. It is motivated by ignorance of the requirements of a simple majority vote, which are expressly different from the requirements of a special majority vote."

Dillon-Remy, who was appointed in November 2018, said she voted with her conscience to support the legislation.

Independent Senator Paul Richards has brought a motion of contempt of Parliament against Opposition Senator Jearlean John for statements she made after the passage of the Public Procurement and Disposal of Public Property (Amendment) Bill 2020 on Tuesday.

Speaking in the Senate on Thursday, Richards quoted a December 9 Newsday article which said: "A shame and a disgrace was how Opposition Senator Jearlean John described Independent Senator Maria Dillon-Remy’s support for the Government to narrowly pass a bill to water down the procurement laws.”

John reportedly said Tuesday night had been an opportune moment to act properly but individuals with the power to do something had failed to do so.

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