PHILIPSBURG--National Alliance (NA) leader Deputy Prime Minister William Marlin signing as a Member of Parliament (MP) for Thursday's plenary session dealing with the Penal Code sparked strong objection from United People's (UP) party MP Jules James, who called it an infringement of Article 51 of the Constitution.
James vehemently stated, "We don't have a kangaroo court or a kangaroo Parliament. ... the Constitution is clear. There is no ambiguity."
James' objection was challenged by Democratic Party (DP) MP Roy Marlin, who said James had misinterpreted the article. This led to an adjournment of the meeting for a consultation among MPs. The matter also was discussed with Justice Minister Roland Duncan, who was present for the handling of the Penal Code.
President of Parliament Gracita Arrindell did not address the issue when the meeting resumed and the handling of the Penal Code commenced. She said before closing the meeting in the afternoon that based on "a mutual discussion with the now-minister" it had been agreed that the meeting would continue and he would not continue to attend.
William Marlin submitted his resignation from Parliament to Arrindell later on Thursday afternoon. Arrindell told The Daily Herald that she already had informed government and the chairman of the main voting bureau of the resignation, based on Article 150 of the ordinance governing elections. The candidate for the vacant seat is former NA Island Councilman/current NA Parliament advisor Rodolphe Samuel.
William Marlin took the oath of office on Monday as a minister in the new NA/DP/Independent 3 coalition. When asked by the press Wednesday about his resignation from Parliament because the functions of minister and MP were not compatible under the Constitution, Marlin had said his letter was ready for submission. He added that he had been busy on Tuesday and had not had a chance to send it to the president of Parliament, but would do so on Wednesday.
William Marlin had pointed out that he was allowed under the Constitution to combine the role of minister and MP for up to three months.
It was clear when he showed up in Parliament and signed the register that this resignation letter had never been sent.
James objected to Marlin's presence as soon as the meeting was opened by Arrindell. He said there seemed to be a misunderstanding about Article 34, sub IV of the Constitution that states: "... a minister who has been elected as a Member of the Parliament may combine the office of minister and membership of the Parliament for a maximum of three months after his admission as a member."
James argued that the article clearly referred to ministers who had been elected MPs and not to MPs who had been sworn in as ministers.
While a similar situation of dual roles occurred after the attainment of country status on October 10, 2010, the three elected MPs Sarah Wescot-Williams, Theo Heyliger and Rhoda Arrindell resigned after becoming ministers. They never attended any Parliament meeting as MPs after taking the oath as ministers.
James also was caught up in an issue of dual roles as an MP and general manager of Simpson Bay Resort, a post from which he has since resigned.
Former UP, now independent MP Romain Laville scoffed at James' objection to Marlin's presence in Parliament during the adjournment. He said, "I can't believe he [James, ed.] is talking about constitutional conflict." Laville has claimed James' dual role was one of the reasons he withdrew his support from UP, a move that helped push his former party into opposition.
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