Independent Senator: Don't assume we're PNM

Michael Simon de la Bastide. -
Michael Simon de la Bastide. -

INDEPENDENT Senator Michael Simon de la Bastide, SC, has urged government to use persuasive language instead of insults to rally support for the Law Reform (Zones of Special Operations-ZOSOs) (Special Security and Community Development Measures) Bill, 2026.

Debate on the bill began in the Senate on January 20 and continued on January 21. The Senate will resume the debate on January 23 at 1.30 pm. The House of Representatives passed the bill on January 16.

The bill allows Prime Minister Kamla Persad-Bissessar as chair of the National Security Council, in consultation with the Commissioner of Police (CoP) and the TT Defence Force Chief of Staff, to declare certain areas in the country as ZOSOs for a maximum of 180 days.

During debate on the bill in the Senate, De la Bastide and Anthony Vieira, SC, each expressed a willingness to support the legislation. But they also lamented criticisms levelled against independent senators with respect to whether or not they will support the bill which requires a three-fifth's majority for passage.

In the Senate, this equates to 19 votes. Government has 15 senators while the Opposition has six and the Independents have nine.

De la Bastide said he could understand why government may not want to consult with the opposition in such matters because it believes it will not get its support.

He added, "But you do have the independent senators and I think it is definitely worth the effort and it is independent senators that you are trying to encourage to support the bill."

De la Bastide said, "Well speak to us before the debate, using whatever parliamentary procedures that you can and let us thrash out maybe amendments...compromises."

Independent senators, he continued, find themselves in a situation where insults are being hurled at them.

After repeating independent senators are open dialogue on legislative matters, de la Bastide said, "Don't assume that we are PNM."

Looking across the aisle at government senators, he added there are people in this group who know independent senators are not PNM puppets.

"They know that, and even if you think that...have a discussion with us before. Hear how we respond. See if we change our mind about that. There's no need for these insults and denigrating people."

De la Bastide said while he is not fazed by this, "it is a chilling effect on other people."

He cautioned this could lead to a reluctance by people to wish to serve as independent senators, who are appointed solely by the President, in the future.

"They will look at what has happened now and and a lot of good people will say, I am not up for that kind of pressure."

De la Bastide cautioned against certain parts of TT which are believed to be hotspots, and the people who live in them, being stigmatised, if these places are designated as ZOSOs.

"I don't live in a hotspot." He argued some of the people advocating for ZOSOs, do not live in such places.

"You have to look at the reality of who are the people who are on the receiving end of these powers.

De la Bastide accepted the argument that a new approach was needed to curb crime in TT. While supporting the intent of the bill, De la Bastide argued this should only be a temporary tool until such time the proper law enforcement and social initiatives are in place to address the root causes of crime.

Referring to Attorney General John Jeremie's track record as a lawyer, de la Bastide said he did not believe Jeremie would see contributions raised by independent senators as "vapid" or "shallow" and address them in a thoughtful manner.

De la Bastide hinted at the possibility of a political party other than the UNC or PNM forming the government in the future.

He cautioned against creating a situation to give future governments a power over the population which could be authoritarian.

"Be careful what you wish for."

In his contribution, Vieira observed previous governments have failed to curb crime through traditional measures. He told senators, the public expects Parliament to respond to these matters honestly. "It would be disingenuous to pretend that what we have been doing is sufficient. Vieira approached the bill with an open and cautious mind.

He said this did not mean an abandonment of principles as some may argue.

"It is an acknowledgement that entrenched root problems sometimes require carefully calibrated innovation."

Vieira said this issue is not one of security versus human rights "but to ensure that any enhanced security measures, remain consistent with constitutional values and the rule of law

He added the bill "is not a state of emergency (SoE) in disguise...it is an attempt to surgically address areas of entrenched criminality while preserving as far as possible, ordinary criminal procedure and judicial supervision."

Vieira was satisfied the legislation contained sufficient safeguards to prevent potential abuse. He said zones were geographically identified and determined with respect to information provided by law enforcement.

"There is no racial or political classification."

But Vieira cautioned against this becoming a perception. He told senators safeguards are only effective depending on the way in which they are enforced. Vieira also cautioned against the potential blurring of institutional lines, if the military involvement in civilian law enforcement becomes normalised

Vieira said in a constitutional democracy, Parliament does not exist as a forum to applaud.

"Independent senators were not appointed to be predictable. They were not appointed to be loyal and they certainly were not appointed to be silent. Our role is to ask the uncomfortable questions."

Vieira said this role is particular important when laws expand certain powers and raise questions over the use of such powers.

"If that makes our contributions vapid, then I plead guilty." Vieira said vapidity in this context meant independent thought.

He assured the population, "this independent bench will continue to do the dangerous work of thinking carefully, speaking plainly and voting deliberately."

Vieira said this will happen even when it is unfashionable and even when "it is described as shallow."

On January 20, Persad-Bissessar said she would not be surprised if independent senators did not support the bill. She repeated previous questions she raised as opposition leader over the independence of these senators, who under the Constitution are selected by the President.

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