Parliament has no oversight over NSC Act, argues lawyer

Like

Love

Haha

Wow

Sad

Angry

Claims that the National Security Council (NSC) Act, which empowers the prime minister to declare security areas falls under Parliament’s oversight, are not true at all, declares the executive director of civil liberties advocacy group Lawyers for Liberty, Eric Paulsen.

"Power is with the PM. Declaration is only 'laid' before Parliament.

"Therefore incorrect to say that Parliament has oversight or subject to Parliament's approval regarding declaration of security area," Paulsen said in a Twitter posting last night.

He was commenting on what he said was "misinformation" being spread about the NSC Act, done to assure the people, that Parliament has oversight over the power to declare a security area and that the powers under the Act are still subject to parliamentary approval.

Paulsen posted an excerpt from Section 18 (6) of the NST Act, which states that the power to declare security areas lies with the prime minister, though the head of government is required to have the declaration "laid before Parliament" at the earliest convenience.

The same subsection also states that a resolution passed by both houses of Parliament can overturn any such declaration, thought it won't prejudice any action already taken in accordance with the earlier declaration.

Paulsen is arguing that the notification to Parliament would come after the fact of any security area declaration and that while Parliament can, in theory reverse a security area declaration, its approval or even oversight is not required, as stated in the NST Act.

It is perhaps also interesting to note that only the government can call for emergency Parliament sittings, which would make laying the notice before the legislature moot if it is not done during one of the three regular sittings and the powers that be do not accept any other call for a sitting.

The NSC Act, which came into force on Monday, was received with brickbats by civil society and critics, though the government has defended itself, arguing that the power to declare security areas under the Act still falls under the oversight of Parliament and requires legislative approval.

This, argued the government, is far different from declarations of national emergency which may see even the legislature and civil liberties suspended. - Mkini