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?A case of breach of privilege of the house?

23 février 2005, 00:00

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Le speaker a réagi à un article qui a paru mercredi dernier dans ?l?express? sur l?ambiance qui avait prévalu lors de la séance parlementaire de la veille.

Certains aspects du texte incriminé avaient effectivement échappé à notre vigilance. Nous sommes donc, bien entendu, prêts à accepter les critiques du speaker. Notre compte-rendu contenait des commentaires que le ?National Assembly (privileges, immunities and powers) Act? n?autorise pas.

Cela étant, nous espérons que le speaker comprendra qu?un journaliste, ou n?importe quel autre citoyen, puisse avoir le droit de formuler, dans un article d?opinion, un commentaire sur sa façon de diriger les travaux parlementaires. C?est ce que nous continuerons de faire dans le strict respect des prérogatives du speaker.

Nous publions ci-dessous l?intégralité de sa déclaration.

I would like to bring to your notice a case of breach of privilege of the House. My attention has been drawn to an article which purports to be a report of the proceedings (or part of it) of the sitting of the National Assembly of 15 February 2005. The Article headed, (I quote) ?Travaux parlementaires ? Ambiance ? Les ?facts? de Soodhun et l?Alliance Pac Pac? (end of quote) was published in the daily ?l?express? dated 16 February 2005 and signed by one Deepa Bhookhun. I am laying a copy of the said article on the table of the Assembly for the benefit of Honourable Members.

I must say at the outset that I am placed in an unwanted and delicate situation as I am also directly concerned in this matter. After having given due consideration to this fact, I have come to the conclusion that I have no choice than to abide by the law and the Standing Orders of the National Assembly.

Coming back to the article in question, I have to inform Honourable Members that I have perused it and carefully examined its purport. Clearly, it is so inaccurate, perverted and grossly misrepresentative of the proceedings of that day?s sitting that I do not deem it fit to quote extracts thereform. I leave it to the Honourable Members to form their own opinion. The author of the article does not only thrust indignities upon the House by reflecting on the character and behaviour of Honourable Members but categorically accuses the Chair of partiality. That a stranger to this House accuses the Chair of partiality is unprecedented. There have been occasions when Honourable Members of this House have, on heat of the moment, accused the Speaker of partiality. In those cases, the Chair has invited Members to challenge him by following the procedure set out in the Standing Orders. A press reporter accusing the Speaker of partiality is indeed a novel situation.

Honourable Members, I view this matter with much concern. To my mind, this amounts to an invasion of the privilege of this House to discharge its function without external interference. A media or press reporter is, for the purposes of our Standing Orders and the National Assembly (Privileges, Immunities and Powers) Act, a stranger. Admission of press reporters within the precincts of this House is governed by Standing Order 13 and rules made by Mr Speaker. The reporters are expected to give fair and accurate accounts of the debates and proceedings of the House without of-fering any observation which may be construed as a reflection on the conduct of individual Members and ultimately on the House itself.

Honourable Members, I am alive to the fact that without the support of the media, discussions, debates and decisions taken in this House would largely remain confined within the four walls of this building. I concede that the media, being a major link between the electorate and its representatives in this House, has to be given all the necessary facilities to enable it to play its role effectively. In this regard, since my arrival to this office, I have practised an open door policy and dialogue, and on several occasions, I have used my good offices to privilege freedom of information at the expense of archaic practices. I take this opportunity to reiterate my commitment to consolidate the good relations that exist between the press and my office. But I also want to make it clear that media people should comply and conform to the rules and established practices. This will help us to respect each other and maintain the institutional partnership between the media and Parliament.

In the case at hand, the reporter in question agreed to meet me in my office to discuss the matter. Appointment was taken for Thursday 17.02.05 at 11.00 hours. To my dismay the reporter chose to cancel unilaterally the appointment one hour before the time scheduled. I will refrain from commenting on such behaviour.

Honourable Members, you would agree with me that I have a duty to protect the privileges of this House and at the same time to see to it that the dignity and authority of the House is not undermined.

As I had said earlier on, the accusations of reporter Bhookhun are unprecedented. Such conduct deserves an exemplary sanction. I believe that I can safely exercise the powers conferred upon me under section 8 of the National Assembly (Privileges, Immunities and Powers) Act and Order 13 of the Standing Orders and Rules of the National Assembly 1995) to order withdrawal from the precincts of the National Assembly of persons responsible for breaches of this nature.

But, in a spirit of nurturing the close relationship existing between the press and the National Assembly, I wrote to the Chief Editor of the daily ?l?express? on Friday 18 February 2005 to express my concern over the matter.

I am glad to inform the House that reporter D. Bhookhun has written to me a letter which I propose to read to the House... I am tabling a copy of the letter.

Honourable Members, in view of the explanations and unreserved apologies offered to the Chair and to the House as a whole, I do not propose to proceed further with the matter. I take it that the House has no objection that matters be allowed to rest there.

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