Kamla Persad Bissessar speech at the swearing ceremony as Leader of the Opposition

Kamla Persad Bissessar speech at the swearing ceremony as Leader of the Opposition

September 21 2015

On the occasion of my appointment as Leader of the Opposition, I think take this opportunity to thank H.E., the President for his hospitality here today.

I undertake this assignment knowing that I have the confidence and support of members of my parliamentary caucus and the tens of thousands across our country who endorsed our plan to take Trinidad and Tobago forward and take this opportunity to thank our parliamentary caucus (all of who are present here today) and to thank all our supporters across the country.

It is important to say a few words on the role of the official Opposition in our democratic political system in the context of recent events.

You may have heard calls for all to put aside our political differences and move forward after the elections.

But is that really as nice and as real as it sounds?

Do we all have to possess the same political opinions in order to move the nation forward?

Does our democratic system encourage uniformity of thought and views and opinions?

Our Republican Constitution, in its very first section, begins with the words:

“The Republic of Trinidad and Tobago shall be a sovereign democratic State.”

How we operate our democracy is set out in our Constitution.

Our government, chosen by the people, is accountable to the Parliament.

In the Parliament there are those members who support the government, and those who do not.

The democratic system operates in a very deliberate space for those who do not support the government to have a role in the system: to act as a check-and-balance.

Indeed, the Constitution in section 83 underwhich my instrument has been made, expressly provides for the appointment of the Leader of the Opposition as being the member of the HOR commands the greatest number of members who do not support the government.

In other words our Constitution provides for a Government and an Opposition.
The Opposition, of which I am pleased to lead, has an important role to play in our democracy.

In any constitutional democracy such as ours, there is expected to be dissent, there is expected to be robust discussion on national affairs – not everyone is expected to share the same political views.

Indeed, if that were so, we would become a totalitarian state.

Political differences can and must exist in a healthy democracy.

There is always room for frank discussion, dialogue and respectful disagreement.

Recently, the notion of “Restorative Dialogue” has become fashionable on public platforms.

Of late, we have past politicians, pseudo-politicians and those who should not be politicians, in this post-election period, mentioning this phrase of restorative dialogue like a mantra.

Indeed, one cannot call for “Restorative Dialogue” while at the same time declaring one southern community as unfit to host a university campus because of its perceived isolation.

Does one really expect restorative dialogue after such statements are made?

“Restorative Dialogue” is certainly noble in its intent, but is it really applicable to the political realm in a liberal democracy, where not everyone is expected to share the same political views?

Then there are some who outwardly declare themselves “independent” of the necessary political tensions in our democracy.

While I certainly respect their right to express that position, it should never be that independence means holding one’s self apart and above the political masses.

Elitism in all its forms should have no place in a democracy that espouses the equality of all

Those who choose to openly declare their political allegiances should not be looked down upon by others who hide their opportunism under the veil of neutrality and “none-of-the-above”.

Nothing is wrong with taking a political side – that is what democracy is about.

Our politics however should never interfere with our personal and community relationships and our national patriotism and pride as one people.

Public displays of apparent independence should not be used as a mask for political activism. Sometimes those masks do slip, and those persons end up accepting political appointments despite the so-called independent institutions and offices they recently held.
Let me get back to the Constitution. I have already mentioned section one – and the declaration of democracy.

The very next section – section two says:

“This Constitution is the supreme law of Trinidad and Tobago …”

Our Constitution is the contract between the people and the State. It sets out the way our Republic is to be governed and the official Opposition is given an acknowledged role in that process.

Insofar as our Constitution is supreme, all arms of the State must operate within its provisions. One of the pillars of our Constitution is therefore the rule of law – governance and State activity according to law – not according to the “Divine right of Kings” or the arbitrary dictates of some self-proclaimed elitist group, masquerading as “independent”.

All institutions of the State, be they the Executive, the Judiciary, the Legislature, the Service Commissions, the Integrity Commission, and in particular, the Elections and Boundaries Commission must operate in accordance with the Constitution and the law.

Our Constitution acknowledges and protects the role of independent institutions in the governance framework.

However, I must add that the rule of law does not and cannot mean that our independent institutions must operate outside of their Constitutional remit, or that their constitutional independence is a justification for what may be arbitrary or biased actions.

Some of our so-called “independent” commentators have expressed the view that the recently-mounted challenge to the election results in Court is an exercise in futility – that we should just accept the results and move along.

I wish to respectfully disagree with these so-called independent minds. I wonder if the proverbial shoe was on the other foot, what would they say?

You have often heard me say the phrase vox populi, vox Dei – “the voice of the people is the Voice of God.”

Those words have been used over the centuries as the clarion call for democracy, for government of the people by the people for the people.

But how is the voice of the people to be heard? In constitutional democracies such as ours, based on the rule of law, the voice of the people is heard by constitutionally mandated free and fair elections, conducted in accordance with certain and clear rules and overseen by an independent electoral institution.

But what if there is uncertainty in the exercise of a constitutional power by the body set up to oversee elections? What happens if the decision of the Elections and Boundaries Commission to extend the closing of the polls in Trinidad appears to be outside of the specific rules and laws governing the elections process?
Our Constitution has provided for all of this. Our Constitution has also provided for a mechanism to challenge the result of an election by the bringing of what is called a Representation Petition to the Court by an elector or by a candidate.

This method of challenging elections is a feature of constitutional democracies across the Commonwealth. And indeed has been used right here in Trinidad and Tobago on several occasions.

The Court, under our Constitution, has the important task of deciding these challenges and of interpreting our Constitution to set the legal limits of the EBC’s powers.

We have taken the decision to mount these challenges in the interest of all of the people of Trinidad and Tobago. It is in the national interest to have a determinative ruling from the Courts as to the parameters of the EBC’s powers under section 71 of the Constitution and under the Representation of the Peoples Act.

We should not be criticized for doing what is right and lawful under our democracy.

The decision of the Court in these matters will provide certainty and clarity for future elections. We say that it is better to use the avenue of challenge provided by the Constitution than to harbour lingering doubts and encourage seething resentment at what happened on the evening of 7th September, 2015.

We have taken the hard road in the public interest in bringing these Court matters. Before any other elections in this country, every person must know whether the extension was wrong or was right. Right now, no one knows for sure and there are as much arguments for as there are against.

We will let the Courts decide.

While the Courts do their work, we have ours. These challenges are our legal entitlements to make. They are not and can never be seen as attempts to undermine or destabilize the current elected government.

The Constitution provides that governance continues even while these questions are before the Courts.

I congratulate the Head of Government and members of government and wish them every success in their service to the people.

As Leader of the official Opposition, you the national community should have no doubt that I shall without fear or favour, together with my parliamentary team, carry out my constitutional duties of holding the government to account in the interest of all – those who voted for us, those who did not, and even those who chose to call themselves “independent”.

• All MPs have the right to articulate the interests of their constituents and to scrutinize the actions of the government and that is what we intend to do every day during the life of the eleventh parliament.
• My mission as Leader of the Opposition will be to hold the government accountable to the people and to ensure that the people’s interests come first and take precedence over partisan political interests.

• In my new role I will continue to represent ALL the people as we did in government.

• We remain a strong and united group representing the widest possible coalition of interests through our People’s Partnership and it is my intention to vigorously represent ALL the people with the same commitment as I did when I was prime minister.

• I remain resolute in my determination to represent the people by keeping checks and balances on everything that’s done by the new administration even as they did when they were in opposition.

• The division between government and opposition is as old as political democracy itself and our electoral system allows for reversal of roles as we see today.

• In our democratic system the people consent to be governed by an administration that ostensibly represents everyone.

• The PM has pledged to be a leader for all the people and we are prepared to give him the benefit of the doubt whilst at the same time we will monitor the government’s activities to hold them to that promise

• The role of the opposition in our system is to ensure that those who do not share the views of the governing party have a strong voice

• As Opposition Leader I intend to be that voice and my colleagues in the PP who occupy seats in our parliament are also committed to that cause

• I will ensure that as the leader of the Opposition and of the PP coalition I will be as vigilant and diligent as we were in government

• In order to have a full political democracy the administration must recognise the full and unquestioned rights and functions of the opposition, which is an integral part of the parliamentary system and the system of governance

• Only in this way can we protect the rights of minorities and ensure that the force of public opinion will be brought to bear on the legislative and administrative processes

• We are fortunate to live in a country that has enshrined our freedom in its constitution and our parliament and our media are guardians of that right and the very democracy through which we commit to serve the people

• In my effort to protect our freedom and democracy I WILL be a most vocal leader of the opposition because I sincerely believe that freedom always dies when criticism ends

• Our focus will be on constructive criticism aimed at building a better Trinidad and Tobago for all of us, not opposition for the sake of having a contrary opinion or scoring political points

• That means together with my colleagues in opposition I will critically analyse all expenditures and prevent abuse by exposing wasteful spending

• At all times we will act responsibly. I will ask questions, suggest amendments, and demand information so that all the activities of the government and the parliament are placed in the public domain for the benefit of all citizens

• My colleagues and I will scrutinize every action by the government and in doing so prevent any attempt that may undermine the democratic procedure that’s expected of a government

• Today I just want to assure every citizen of Trinidad and Tobago that I will act without fear or favour to make the parliament and the government accountable to them, to be a strong advocate for change that brings greater accountability and transparency and to continue the process that I started as prime minister to work for constitutional change that would bring greater democracy to our country and hand more power to the people

• When I entered politics it was to serve the people; throughout my term as Prime Minister I maintained a dialogue with the people and allowed members of my administration to speak freely on all matters. It was a system that allowed us to consider the multiplicity of views that our partnership represented. We will do the same in opposition

• The electoral results show that a majority of the people of Trinidad and Tobago voted for the party that now holds political office

• But the results also show that hundreds of thousands rejected the PNM and accepted our plan for Trinidad and Tobago

• While statistically those who voted against the PNM are a “minority” they represent the diversity of views and opinions must be articulated in our parliament.

• Soon the euphoria – and the disappointment – of the election will be over and we will be getting to the very important task of governing

• I pledge that I will lead the charge for the hundreds of thousands who expect no less from the Leader of the Opposition

• And to be a Prime Minister in waiting with a full shadow cabinet to monitor the activities of the administration. I will present more details on that at a later time.

In closing I congratulate all the people of Trinidad and Tobago for upholding the very tenets of democracy on which our country was built. We remain a model to the world in terms of our respect for one another and the manner in which we live as one family.
In a world that’s ravaged by ethnic and political strife we have always allowed free debate and an orderly transition from one government to the next. That’s a credit to all the people of T&T who fight a good fight but also know that country comes first.

As leader of the opposition I will stand on guard every day to ensure that we remain that way – one people under God, committed to defend our democracy and freedom.