Page one of the letter sent to the PM and finance minister.
PHILIPSBURG--President of Parliament Sarah Wescot-Williams has informed Prime Minister (PM) Dr. Luc Mercelina and Finance Minister Marinka Gumbs that she cannot approve the final text of the National Ordinance on the Budget 2025 at this time due to discrepancies in the submitted documents.
She informed the officials of this in a letter dated March 14 addressed to both the prime minister and the finance minister, in response to the final text (“eindtekst”) of the National Ordinance on the Budget 2025, for which government had requested approval as is. In the letter Wescot-Williams acknowledged receiving the updates provided by government regarding the amendments made to the budget.
However, she noted that, as per the “eindtekst” procedure, the final text could not fully reflect some modifications and amendments from government and Parliament. The letter highlighted two key issues: first, that certain amendments were proposed at the general ledger level instead of the economic category level, and second, that some amendments lacked a clear representation of the ripple effects.
Wescot-Williams also outlined that, according to Article 86 of the Constitution, while a draft national ordinance submitted by the government may be amended by Parliament until it is approved, once Parliament approves the ordinance, no further amendments can be made.
“I concur that Article 86, first paragraph, of the Constitution states that as long as a draft national ordinance submitted by the government has not been approved by the Parliament, it can be amended by them on the proposal of one or more Members of Parliament or by the government. This formulation implies that once Parliament has approved the draft national ordinance, it can no longer be amended, changed,” the letter read.
However, the letter pointed out that the Constitution does not address whether such amendments should be considered substantive or non-substantive, which could cause confusion during the approval process.
She also explained in the letter that the Department of Legal Affairs and Legislation is responsible for drawing up the “eindtekst” in cooperation with the relevant ministries. This procedure ensures that all memorandums of modification and approved amendments are properly reflected in the final text. Wescot-Williams noted that during this process, it is critical that no unintended changes occur.
She emphasised the importance of a clear and accurate final text and suggested that, to rectify the issues, government consider a "wijzigingswetsvoorstel" or an amendment to the approved but not-yet-ratified National Ordinance on the Budget 2025. This would ensure that the final version aligns with the intended changes, providing a mechanism for simultaneous implementation of the initial ordinance and the amendments.
“The alternative approach as suggested in your letter, namely rectification through an amendment to the approved (but not yet ratified) National Ordinance Budget 2025 (‘wijzigingswetsvoorstel’), should be considered," Wescot-Williams wrote.
In a standard procedure for submitting the final text, once the “eindtekst” has been prepared, it is sent to the president of Parliament for approval, who then communicates with the governor to facilitate ratification by the prime minister. However, based on the issues identified, Wescot-Williams emphasised that the approval letter could not be given at this time. “Based on what has been submitted, such an approval letter by the president, which is a formal and regular part of this ‘eindtekst’ procedure, cannot be given at this time,” said Wescot-Williams.
Wescot-Williams expressed a desire to work closely with government to address the current challenges and improve the legislative process for future budgets and other laws. “On behalf of Parliament, I also look forward to working closely with the government to establish improvements to ensure a more seamless legislative process for legislation in general and future budgets,” she said in the letter.
