President of Parliament Sarah Wescot-Williams has a point (see related story). Article 50 of the Constitution stipulating that Members of Parliament (MPs) are suspended when in pre-trial detention or with an irrevocable criminal conviction needs work.
While it calls for a deputy – obviously from the same political list – to be appointed temporarily, no further details are provided. This meant the legislature and cooperation with the Main Voting Bureau had to do some “trailblazing” for Jules James to replace United Democrat Theo Heyliger, whereby the next candidate in line according to the most recent vote was approached, as is normally the case when a parliamentarian steps down to become minister or for other reasons.
Common sense was thus rightly used, but it’s still good to have these matters regulated black on white. One thing to perhaps consider is having the substitute automatically take over the committee memberships of his or her suspended party colleague, to prevent a void as occurred last week, when a meeting had to be cancelled because Wescot-Williams – having already participated in the debate – could not chair it, while no vice-president had yet been appointed in place of Heyliger and second vice-president Chacho Peterson was absent.
The question what happens with a suspect freed from preventive custody but not (yet) irrevocably convicted also needs to be answered. Heyliger could not take back up his legislative duties anyway because of conditions set for his release, but the rules must be crystal clear and leave no room for doubt.
Nevertheless, St. Maarten can be proud as the only kingdom partner, including the Netherlands, to have such a provision. Although the country is often painted, especially in The Hague, as lacking proper control over the public sector, it possesses several safeguards such as the also-unique Constitutional Court to test compliance with the organic laws of the land by government decisions and adopted legislation, at the request of the Ombudsman.
Contrary to what some may have you believe, important checks and balances are most certainly present.
