Neither the President nor the AG is the authority for interpretation of the constitution; that is the function of the courts

The letter by Mr Anil Nandlall, Attorney General and Minister of Legal Affairs ‘The President has untrammelled freedom to assent to and withhold assent from Bills’ (Stabroek News, September 30) addresses two principal points: first the presidential assent (or non-assent) of Bills and second, the role of the Attorney General in the process.

On the first Mr Nandlall argues that President Ramotar has an untrammelled right to withhold his assent to Bills, and cites not only the constitutions of India and the USA, and the Royal Prerogative in the United Kingdom but also refers to the oath by the President to preserve and protect the Constitution of Guyana.

I disagree both with Mr Nandlall’s arguments and his conclusions. While there is nothing wrong with citing constitutions, cases and laws from other countries, any discussion or debate on the Constitution of Guyana must be guided by its Article 8 which states in simple and clear language: “This Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void.”
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Security firm paying less than the minimum wage

I refer to Mr Mohamed Akeel’s letter in the Stabroek News of September 20, 2013 ‘It seems as if total confusion surrounds the National Minimum Wage Order’ which suggests that the matter may not be entirely and satisfactorily resolved. I do not wish to add to that debate and have raised through the Georgetown Chamber of Commerce and other channels questions concerning what I consider a highly commendable piece of legislation. I believe that the government should take those concerns into account and forestall any action that could, in any way, affect the operationalization of the Order.
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As a statutory body the GEA must file annual reports

I write in response to the letter by the Honourable Prime Minister (‘The Guyana Energy Agency is being reasonably well run published in SN of September 14, 2013’), which he said was written out of “a need and a duty to set the record straight, [and] dispel any erroneous concerns and doubts” created about the Guyana Energy Agency (GEA). Continue reading “As a statutory body the GEA must file annual reports”

Consultants raised questions about the water flows at Amaila

I had hoped, vainly it seems, that the government and the hydroelectric power team led by Mr Winston Brassington would take the necessary steps to address the country’s energy situation and GPL’s losses following Sithe’s withdrawal from the Amaila Falls project. Instead Mr Brassington continues to create his own realities and enemies. The latest case of this is his response through NICIL, to public concerns over the findings of the recently released 2009-10 Economic and Financial Evaluation Study done by Mercados Energeticos of Argentina in connection with the water flows at Amaila. Mercados reported on the possibility of low or no power from Amaila during the eight months dry spell each year.

NICIL responded that:

i) “A multiplicity of comprehensive and extensive evaluations of the hydrological conditions of the Amaila Falls Hydroelectric Project site has been carried out by a number of international engineering firms”; and

ii) “All the findings create a sound basis for the hydropower potential of the Project and reaffirms the Project’s acceptable hydrology risk to the Government of Guyana, thus, setting the stage for the outlook of reliable, stable and a dependable energy source for the people of Guyana.”

These can hardly be described as even half-true. Let us examine the “multiplicity of comprehensive and extensive evaluations” and pose some questions to Mr Brassington.

1. That Montgomery Watson Harza (MWH) did an analysis in 2001 of historical rainfall and river-flow measurements from several locations in the region of the project.

Questions:
(a) Would Mr Brassington confirm or deny that one year following MWH, Kaehne Consulting Limited, the Canadian consultants contracted by the Government of Guyana, raised concerns that “the developers have based the project viability mostly on data collected in an adjacent water shed (Kaieteur) and the Amaila/ Kuribrong River basin hydrology has been inferred from this. At no stage have concurrent hydrological data been collected to verify the relationship between the two water basins.”

(b) Is Mr Brassington suggesting that the government did not advise Kaehne of the MWH report even after the serious and emphatic statement by Kaehne in the preceding paragraph?

(c) Was Kaehne’s recommendation that a “permanent station be set up at the base of Amaila Falls and should record daily stream flow volumes from now until such time as flow is curtailed as reservoir filling occurs,” acted upon?

(d) If this was done, was it done by Synergy, the licensee, and are the findings available?

(e) Could Mr Brassington confirm that Mercados in their 2009-10 study reported that the hydrology study done by MWH encountered some difficulties due to lack of direct hydrological data at the project site?

2. That in 2008, “an update review of the hydrological study review done by MWH was completed to assess the validity of the monthly flow estimation for the project site.”

Question
In view of the intended or accidental ambiguity of this language would Mr Brassington provide the name of the consultant who did the update review.

3. The Mercados Report of 2009-10

Questions
(a) Can Mr Brassington state why NICIL’s statement was silent on the Mercados study which was commissioned by the government and Sithe?

(b) Is it because Mercados found that the design of Amaila Falls Project encountered several problems arising from the lack of hydrologic data including:
• uncertainty regarding the expected power generation?
• uncertainty as regards the maximum flow adopted for the design?

(c) Or that Mercados recommended that in order to obtain more accurate information, it would be desirable to install a hydro-meteorological station in a section of the river that is representative of the project?

(d) Or that it concluded that in wet months (June to September), more power can be generated and demand is covered. And in months with low hydraulicity, there is a deficit in power generation and demand is only partially covered?

While it is not unusual for public servants to spin data from time to time, it is unacceptable when that spinning involves a project costing at least US$900 million and affecting the entire economy and consumers and taxpayers. Mr Brassington ought not to be allowed to continue getting away with this pattern of behaviour.

I have privately and regularly pleaded with him to concentrate on his chairmanship and responsibilities at the GPL. Billions of dollars in fuel savings and the reduction of subsidies did not have to wait on Amaila but are within the grasp of the board and management of GPL.

Once Sithe’s licence remains valid the government has no control over the Amaila project site

The debate on the Amaila Falls Hydropower project continues to rage two weeks after Sithe Global, the project sponsor, declared that it had pulled out. Cabinet Secretary Dr Roger Luncheon later pronounced the project dead, but then dismissed calls for the revocation of the licence to Sithe by seeming to joke about the value of a licence of a dead project.

Dr Luncheon knows that it is in Guyana’s interest and power to revoke the licence and that once the licence remains valid and unrevoked the government has no control of the designated project site. He must know too that Sithe’s notification to the government of its decision to walk constitutes more than enough grounds for the revocation of the licence.
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