Bar Council asks for chance to share concerns regarding anti-defection bill

The Bar Council asked the Parliament for a chance to share concerns they have about the legislature submitted by the government on Wednesday seeking to have anti-defection provisions written into the Constitution to prevent floor crossing.

Article 73 (c) of the Constitution declares circumstances where lawmakers will lose their seats.

• If a lawmaker with a proven debt fails to repay it in accordance with the court ruling
• If a lawmaker is serving a term of over 12 months for a criminal conviction
• If it has not been three years since a lawmaker sentenced to over 12 months for a criminal conviction has either finished serving the sentence or had the sentence commuted
• If a lawmaker is a judge in a court of law

The bill, sponsored by Hulhudhoo MP Mohamed Shahid, declares three more circumstances where lawmakers will lose their seat. That is:

• If a lawmaker resigns from or is dismissed or expelled from the party they were elected on behalf of
• If a lawmaker switches parties or is dismissed or expelled from a party
• If an independent lawmaker joins a party

The bill was passed by the Whole House Committee with a majority vote of 75-13 in the afternoon, and is set to be called for a floor vote at 05:30 pm.

In a statement on Wednesday afternoon, the Bar Council said that general members of the council as well as several legal experts harbor concerns regarding the bill.

The Bar Council said that its executive committee finds it crucial to offer the council’s input regarding the bill, and had therefore asked the Parliament for a chance to share the concerns.

The Bar Council said that it believes it is crucial that constitutional amendments are made with the involvement of the people, with public consultation and extensive discussion.

“…The council therefore asks that arrangements be made so that there is sufficient opportunity to share opinions and recommendations regarding this bill to amend the Constitution,” said the Bar Council.

During the committee stage, South Galolhu MP Meekail Ahmed Naseem, a lawmaker from the main opposition Maldivian Democratic Party (MDP), had submitted two amendments to the bill.

The first amendment called for a recall vote before deciding whether lawmakers who are expelled from their parties will lose their seat. It stipulated that the vote will be required if a certain percentage of eligible voters submit a petition to the Parliament seeking to oust their parliamentary representatives – 15 percent for constituencies in Male’ and other cities, and 20 percent for other constituencies.

But the amendment was rejected with a majority vote of 68-12.

Meekail also proposed extensive consultation with stakeholders before passing the bill. But the proposal was rejected with a vote of 69-11.

Meekail and other MDP lawmakers have expressed concern over the move by the PNC – which holds a supermajority in the Parliament – to rush the passage of the bill without proper review or discourse.

Protestors from the MDP had gathered outside the Parliament building to demonstrate against the bill. Clashes had erupted earlier in the afternoon, when MDP protestors were confronted by pro-government protestors, including senior government officials. Some of them were seen shoving MDP protestors.

The police intervened to separate the two groups and push them back.