00:00Lavantir West MP and Attenuate Law Karim Marcel says the opposition remains firmly of the
00:07view that the Special Operations Bill is unconstitutional despite its passage by the Senate.
00:13The bill cleared the Senate in a dramatic 15-15 deadlock broken by Senate President
00:19Wade Marks' casting vote, with opposition leader Penelope Beckles calling its passage
00:24a travesty of parliamentary democracy, and the Prime Minister accusing those who opposed
00:30it of siding with criminals.
00:32It's unconstitutional, one, because it does not specifically include any clause that outlines
00:39for starters that it infringes upon our enshrined rights in Section 4 and Section 5 of the Constitution,
00:46and two, we believe that it does not pass the Suraj test in terms of proportionality, and
00:54three, that it ought to have required a three-fifths majority in both houses.
01:02The Attenuate Law is also questioning the extent to which the Prime Minister is able to influence
01:08the operation of the new framework, warning that the concentration of executive power could
01:14directly affect how and where extraordinary measures are applied.
01:18If the Commissioner said, I want my senior superintendent, Mr. Hopkinson, to be the head of District 1.
01:27This bill gives the Prime Minister herself the power to override that and not accept Mr. Hopkinson,
01:36senior superintendent, senior superintendent Hopkinson, to be the head of District 1.
01:41Why would a Prime Minister want to insert herself into the administration of and running of the Trinidad
01:48and Tobago police service for a decision of this nature?
01:52The MP Marcel says the implications go even further, pointing to provisions governing movement
01:58and detention, which he argues could fundamentally alter the balance between state power and individual liberty.
02:05If you cannot get the support of nine right-thinking independent office holders in this country, independent senators,
02:14no matter how persons, and these are persons of integrity, these are persons who come from their respective education and
02:22professional backgrounds,
02:23and you cannot get the support of not one in its present form, it's clear to me, and it should
02:29be clear to every citizen,
02:30that this bill is dangerous and it goes against the very social fabric of our society.
02:37Nicole M. Romany, TV6 News.
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