The Opposition United National Congress said it abstained from voting on amendment to the Marriage Act on Tuesday night “as a protest vote” against the decision taken by the Attorney General to amend the legislation from requiring a constitutional majority to a simple majority.
Leader of the Opposition in the Senate Wade Mark along with three opposition senators, and Independent Senator Dhanayshar Mahabir abstained when the vote on the proposed changes to the legislation was taken late Tuesday night.
Mark said the abstention by the opposition had nothing to do with the change in the marriage age to 18 which he said the UNC fully supports it. The party is, however, of the view that the legislation needed to take into account the reality that annually over 2,500 children under the age of 18 get pregnant.
The reason for the abstention, according to Mark, was AG Faris Al-Rawi whom he accused of “engaging in Constitutional gymnastics.”
Mark said he has been in Parliament for more than a quarter of a century (26 years) and “I have never witnessed a Minister or an Attorney General bringing a bill that infringes on the rights of the people and then say the bill does not require a constitutional majority. The bill requires a special majority.” He said
In winding up the debate the Attorney General removed the preamble which stated that the bill goes against sections four and five of the Constitution. He said while he appreciated that members “may be somewhat taken aback by the tactical choice I made, I am asking the Senate to consider that the position volunteered in relation to this bill, is not removed by the removal of this clause.”
In removing the clause the AG removed the need for the legislation to be passed with a three fifths majority, saying all it required was a simple majority.
Mark who leads the opposition in the Senate said Al-Rawi “set a dangerous precedent.” He said the AG indicated that he had sought advice from senior attorneys who told him that the changes to the Marriage Act did not require a special majority and “in the face of a few minutes converted it from a constitutional majority to a simple majority.
That is an abuse of Parliament and the Constitution.”
Al Rawi said he accepts that “somebody might bring a lawsuit under the Constitution, it may be debatable, it may go to court, I am prepared to bring the legislation in court if necessary.”
An amendment from the UNC which sought to address the issue of exceptional cases where children under the age of 18 get pregnant be allowed to get married with parental consent, the consent of a judge in the family court and following counselling, was not accepted.
Neither was an amendment from Mahabir, who also agreed that the age of marriage needed to be changed to 18, telling the Upper House if he had his way it would be 21.
He suggested, however, there was need for an amendment based on the realities of what exists in the country.
Mahabir said “understanding that marriage involves families, communities, cultures and religions I am saying with parental consent the age will be 16 years for both male and female with parental consent. If they want to get married they must have parental consent.”
Mahabir said in T&T for the period 2006 to 2016 there were 548 marriages involving minors, that was according to him less that point five per cent of all the marriages which took place in the country. “Why are we so adamant about protecting the minority?” he asked.