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Focus on the Parliament of Mauritius...
?The Labour party has no respect for institutions?, says MMM leader Paul Bérenger. Labour spokesman James Burty David retorts that the MMM can?t talk because it has such a rich story of violence in Parliament. This verbal match comes in the aftermath of the assault on minister Anil Bachoo in the lunchroom of the National Assembly, last Friday, by two ?strangers.? Explained below are the rules of the National Assembly and the reasons why the said incidents are in fact, a big deal.
● <B>Why is there such commotion about the assault against minister Anil Bachoo? </B>
An assault on a member of Parliament (MP) is, to all intents and purposes, an offence. An assault on a MP on the precincts of the National Assembly is an altogether different - and serious - matter. Because of the special status they enjoy - MPs are governed by the National Assembly (privileges, immunities and powers) Act when the Parliament is sitting ? a MP, in the exercise of his duty, is a dignitary. This is because the Parliament is a very important national institution.
● <B>What is the Parliament? </B>
The Constitution of Mauritius provides for the Parliament of Mauritius to consist of the President and the National Assembly. The Parliament of Mauritius is modelled after the Westminster system of parliamentary democracy, where MPs are voted in at regular general elections, on the basis of the first past the post system. The National Assembly is made up of 70 members, of whom 62 are directly elected in 21 constituencies (including Rodrigues). The others are returned by the Best Loser System.
● <B>Why is it sometimes called the ?august? assembly? </B>
August means dignified or noble. It is thus called because it is no ordinary assembly. The MPs enjoy a special status because we are a parliamentary democracy, meaning that they derive their powers from the people. Parliamentary sessions are in theory meant to be dignified because a Parliament is a place where laws are passed and matters of national importance are discussed. The Speaker is the third most important personality of the country after the President and Chief justice.
● <B> What is the status of visitors in Parliament? </B>
Visitors are called ?strangers? and they are only tolerated by courtesy of the Speaker (who doesn?t have to be an elected MP). Journalists, for instance, even though they are admitted, can be refused entry if the Speaker so decides. Other visitors are guests of MPs and sit in the VIP area. Access is through the chamber. The public can also follow debates in Parliament and they are seated in the public gallery. Access is separate from the main building.
● <B> Do visitors have access to MPs and the chamber? </B>
Unless they are guests of MPs, they don?t have access. Guests, who are seated in the chamber, do and they can be invited for lunch and tea during the breaks. Members of the public are not allowed in. Press people are ?tolerated.?
● <B>How did Minister Bachoo?s presumed aggressors get access to the lunchroom if they were seated in the public gallery? </B>
This is what the inquiry ordered by the Speaker is meant to be about. The fact is that the policemen on duty at the National Assembly are familiar with those presumed to be on good terms with MPs. This would explain why no one stopped the two men as they made their way to the lunchroom. Unfortunately, the Parliament has become, over the years, a meeting place for militants of political parties (representing different constituencies) and their elected members.
● <B>Did the Speaker have the authority to have the two men arrested? </B>
It is debatable. According to the National Assembly (privileges, immunities and powers) Act, the Speaker is in charge of the ?precincts of the Assembly? while the Assembly is sitting. The ?precincts of the Assembly? mean the ?offices of the Assembly and the places provided for the use and accommodation of strangers and representatives of the press and includes, while the Assembly is sitting, the entire building in which the chamber is situated.? According to an official of the National Assembly, the speaker did not have any special power at the time of the incidents because the assembly was not sitting.
● <B>Who could have stopped the two men then? </B>
The sergeant at arms and his team of policemen are responsible for the security of the premises. In this duty, they have full autonomy. It is to be noted that the law says that ?every officer of the Assembly, shall, for the purpose of this Act, have all the powers and enjoy all the privileges of a police officer?. It is not mentioned if this only applies when the Assembly is sitting. But, according to sources in Parliament, anyone could have asked the police to arrest the two men even though in practice a member needs to complain officially in writing to the Speaker for the latter to decide whether the matter requires any kind of reaction.
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