Understanding Bill-To-Law Process In Guyana

In Guyana, there are two types of laws: common law and statute law. While common law is made by the decisions of judges in court cases, statute law, or the law of the land, is made by Parliament. A bill is a legal proposal introduced in the National Assembly, and any member of the Assembly may introduce a bill, although most are sponsored by the government. This article will explore the process of how a bill becomes a law in Guyana, from its introduction to the National Assembly to its final passage and signature by the President.

The two types of laws in Guyana

Guyana has two types of laws: common law and statute law.

Common Law

Common law is made by the decisions of judges in court cases. It is based on the English common law system with some Dutch influences.

Statute Law

Statute law, or the law of the land, is made by Parliament. A legal proposal introduced in the National Assembly is called a bill. According to the Constitution, any member of the National Assembly may introduce a bill in the Assembly. However, most bills are sponsored by the Government. Bills relating to the national budget, taxation, and other financial matters require the recommendation or consent of the Cabinet.

Once a bill is introduced, it is placed on the order paper for its first reading in the National Assembly and published in the Official Gazette. After seven days, it can be read for the second time, during which a general debate takes place. The bill is then considered by a Committee of the Whole Assembly or a Select Committee. Any amendments or changes proposed by a member are considered before the third and final reading. A bill passed by the Assembly is submitted to the President for signature. Only when a bill has been signed by the President does it become a statute law or an act.

How a bill is introduced

In Guyana, a bill is a legal proposal introduced in the National Assembly. According to the Constitution, any member of the National Assembly may introduce a bill in the Assembly. However, most bills are sponsored by the Government. Bills relating to the national budget, taxation, and other financial matters require the recommendation or consent of the Cabinet.

The process of introducing a bill in Guyana is as follows:

• Whenever there is a need for a new law, officials from the relevant ministries or departments consider proposals.
• Draft legislation is first considered by the Cabinet and then submitted to the Assembly by the relevant minister.
• The bill is placed on the order paper for introduction in the National Assembly and published in the Official Gazette.
• The Clerk is responsible for distributing copies of the bill to all Members of the Assembly.
• When a bill is introduced, it is read for the first time.
• According to the Standing Orders, there must be a gap of at least seven days between the first and second readings of a bill. During this time, copies of the bill must be circulated to the Members.

The introduction of a bill is just the first step in the legislative process. After the bill is introduced, it undergoes a second reading, followed by consideration by a committee, a third reading, and, if passed by the Assembly, submission to the President for signature.

The role of the National Assembly

The National Assembly plays a crucial role in the legislative process of Guyana, as it is the forum where bills are introduced, debated, and voted on. According to the Constitution, any member of the National Assembly can introduce a bill, although most are sponsored by the Government. This means that any elected representative has the power to propose new legislation or changes to existing laws, giving them a direct say in shaping the country's legal framework.

The process begins with the introduction of a bill, which is a formal proposal for a new law or a change to an existing one. Once a bill is introduced in the National Assembly, it is read for the first time. After the first reading, it is published in the Official Gazette, and copies are distributed to all members of the Assembly. This marks the beginning of the legislative journey of a bill towards becoming an Act or statute law.

Before the second reading, the Standing Orders require a waiting period of seven days from the date of publication in the Gazette, and the bill must be circulated to all members. During the second reading, a general debate takes place, allowing members to discuss the merits and implications of the bill. This is a crucial stage, as it provides an opportunity for members to voice their support or opposition, propose amendments, and highlight any potential issues or benefits of the proposed legislation.

Following the second reading, the bill is typically referred to a Committee of the Whole Assembly, where it undergoes further scrutiny and deliberation. This committee stage is an important part of the legislative process, as it allows for a more detailed examination of the bill and provides an opportunity for members to propose and consider amendments. The committee may make revisions and additions, or even introduce a "clean bill" with substantial amendments, ensuring that the legislation is thoroughly vetted before proceeding further.

If the bill is passed by the Committee of the Whole, it moves to the third and final reading. At this stage, no further amendments are allowed, and the bill is voted on by the entire Assembly. If it receives the required support, it is then submitted to the President for signature. Only with the President's assent does the bill become statute law or an Act, taking its place as part of the legal framework of Guyana.

The process of gaining presidential approval

In Guyana, a bill passed by the Assembly is submitted to the President for approval. Only when a bill has been signed by the President does it become a statute law or an act. If the President does not approve, they can withhold assent, in which case, the bill is returned to the Speaker within 21 days, along with a message stating the reasons for withholding assent. If two-thirds of the Assembly vote to return the bill to the President within six months, he must give his assent within 90 days of the presentation to him. This is similar to the process in the US, where the President can either approve a bill and sign it into law, or veto it. If the President chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be pocket vetoed, and this cannot be overridden.

It is important to note that the President's approval is not the only factor in determining whether a bill becomes a law in Guyana. The Assembly plays a crucial role in introducing, debating, and passing bills, and they also have the power to override the President's veto if necessary. Therefore, the process of a bill becoming a law involves a balance of powers between the legislative and executive branches, with checks and balances in place to ensure a thoughtful and comprehensive law-making process.

In summary, the process of gaining presidential approval in Guyana involves the Assembly passing a bill and submitting it to the President for review. The President can approve the bill, in which case it becomes a statute law, or withhold assent, providing reasons for their decision. The Assembly then has the option to return the bill to the President with a two-thirds majority vote, and the President is required to give assent within a specified timeframe. This process ensures a collaborative and deliberative approach to law-making in Guyana.

What happens when a bill becomes a law

In Guyana, there are two types of laws: common law and statute law. Statute law, or the law of the land, is made by Parliament. A legal proposal introduced in the National Assembly is called a bill. Any member of the National Assembly may introduce a bill in the Assembly, but most bills are sponsored by the Government.

Once a bill is introduced, it is assigned to a committee. The committee will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on. If it passes, it is sent to the other chamber to go through a similar process of research, discussion, changes, and voting. If the bill passes both chambers, it is presented to the President for review.

The President can choose to approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the President vetoes the bill, it is sent back to Congress with a note listing their reasons. Congress can then attempt to override the veto by a two-thirds vote in both chambers. If the veto is overridden, the bill becomes a law.

A bill only becomes a statute law or an act when it has been signed by the President. If the President does not sign the bill, it can still become a law if two-thirds of the Assembly vote to return the bill to the President within six months. In this case, the President must give their assent within 90 days of the presentation.

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