Opposition Senator, Fitzgerald Hinds has weighed in on the legality of declaring the St Joseph seat vacant, following the resignation of Member of Parliament Herbert Volney from the United National Congress (UNC) on which party he contested and won the seat.
Prime Minister, Kamla Persad-Bissessar, last week wrote to House Speaker Wade Mark querying whether the St Joseph seat should be declared vacant since Mr. Volney has resigned from the UNC.
The Speaker is expected to reveal his decision on this matter when parliament reconvenes this coming Friday.
Mr Volney, who had resigned from the judiciary to join the UNC and contest the 2010 general election, said he will challenge any decision to declare his seat vacant.
Opposition Senator, Attorney-at-law, Fitzgerald Hinds, in an exclusive interview with News Power Now stated that although Section 49 of the Constitution was amended to facilitate the expulsion of MPs who cross the floor or resigns, or is expelled from the party on which they contested a seat, the execution of such action is not a straightforward case.
Mr Hinds went on to explain that if legal proceedings commenced by way of a challenge, then the seat will not be declared vacant until and unless the matter has been decided.
The Opposition Senator added that unless the Parliament’s Standing Order is amended, any legal attempt to declare the St Joseph seat vacant could amount to an exercise in futility.