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  • 1 week ago
As debate on the Special Operations Bill continues in the Senate, concerns are being raised over its potential impact on communities, constitutional rights and the safeguards surrounding the proposed powers.

The PNM is questioning the government's position on where the legislation would be applied, while independent senators are scrutinising its constitutionality, presidential oversight and the mandatory use of body cameras.

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00:00To effect the special operations bill in UNC-held areas alone will make PNM areas steeped in criminality.
00:09This was the People's National Movement's response as they let off their counter to the bill in response to the
00:15PM's recent pronouncement.
00:17It's not that the PNM is approbating and reprobating on the law.
00:22We're clear the law is unconstitutional and cannot survive.
00:25But even if you take it at the government's level to say that it somehow can pass muster,
00:31they are saying most respectfully that the law will be such that it will apply only in the UNC areas
00:39and UNC municipalities from local government.
00:43So what does that mean? Doesn't it mean that there will be a migration of criminality to the areas where
00:47it's not going to be enforced?
00:48Meanwhile, Independent Senator Anthony Vieira notes this SO bill is quite different from the ZOZO introduced and failed in the
00:56parliament in January.
00:58Let me give the government credit for where credit is due by identifying provisions in this version of ZOZO which
01:08materially answer earlier criticisms.
01:11For example, this version has a two-year sunset close, more objective criteria for the declaration of closed areas,
01:21an express requirement that ordinary policing measures must be inadequate before a closed area can be declared.
01:31He is, however, troubled by the language of war permeating national discussions today
01:36and criticism that non-support of certain measures equates to supporting the narco trade.
01:42I want to dismiss the proposition that the choice is whether we want a police state or a bandit state.
01:53Rubbish! I want neither.
02:00The question is whether we can design a system that gives the police the powers they genuinely need
02:09while placing clear boundaries around those powers.
02:13Fellow Independent Senator Michael de Labesteed expressed concern about the constitutionality of the bill.
02:19For undoubtedly, Mr. President, the provisions of the bill will, if they become law, significantly infringe upon those rights.
02:27Whether that infringement, though it's significant, is sufficient for the Privy Council to strike down this proposed legislation
02:33as being unconstitutional is another matter and remains to be seen.
02:38He also questions the safeguards surrounding the exercise of emergency-type powers.
02:44What level of confidence can we reasonably have that the state will not exercise these powers for purposes other than
02:51the suppression of crime?
02:53And what about the presidential powers as per the bill?
02:57Under Section 80 of the Constitution, it is the cabinet that makes the decision whether the order is made to
03:05close an area,
03:06to declare a closed area, not the president.
03:09Under the provisions of the bill, it is the cabinet that decides that an area is to be designated a
03:14closed area and thereby placed under lockdown.
03:18Under the Constitution, the president is merely a rubber stamp and has no power or discretion to exercise any of
03:25the powers conferred by the provisions of this bill.
03:27Also on the independent bench, Senator Dr. Desiree Murray is calling for clarity on the issue of body camera use.
03:34While the prime minister said officers in closed areas must wear body cameras, this is a verse, Murray says, to
03:41clause 21, which says it is contingent on availability.
03:45I agree with the Honorable Prime Minister that this bill should mandate body camera use as the default requirement.
03:55Furthermore, it should not be enacted until a sufficient quantity of reliable body-worn cameras are produced, or procured, rather.
04:06And I intend to submit an amendment that supports the Honorable Prime Minister's declaration.
04:11She also expressed deep concern that the community development aspect was omitted from the present bill.
04:19Arvashita Wari, Rupnarein, TV6 News.
04:24Arvashita Wari, Rupnarein, TV6 News.
04:25Arvashita Wari, Rupnarein, TV6 News.
04:25Arvashita Wari, Rupnarein, TV6 News.
04:25Arvashita Wari, Rupnarein, TV6 News.