While it spared Siparia MP Kamla Persad Bissessar, the Privileges Committee of the House of Representatives found Newsday reporter Andre Bagoo guilty of contempt and recommended that he be banned from Parliament for the rest of the session. This session must end by December 16.

The decision of the committee, however, has provoked criticism from the Opposition and the Media Association of Trinidad and Tobago (MATT).

The matter arose from the premature publication of the proceedings of the committee by the newspaper (before the Committee reported to the House).

The article written by Bagoo arose out of a report stating that the Urban Development Corporation of Trinidad and Tobago, which had been referred to the Privileges Committee for alleged contempt arising out of a complaint made by Caroni East MP Dr Tim Gopeesingh, had planned to concede on the contempt charge and had decided to issue an apology.

The committee, however, noted that both the Standing Orders and Erskine May Parliamentary Practice state that the proceedings of and evidence taken before any Select Committee, or any document presented to it, shall not be published before the committee has presented its report to the House.

The committee, which has a majority of People’s National Movement members, also recommended that the Newsday publish an apology to the House of equal prominence to the article written by Bagoo; that the House reiterate the serious nature of the breach that was committed by the reporter and publisher and warn others of the consequences of such a breach; and that the media entities are strongly urged to conduct appropriate training of their reporters covering Parliament so that they will be familiar with the Standing Orders, especially those concerning the covering of the proceedings of Parliament.

However, Opposition Members Dr Roodal Moonilal, Dr Tim Gopeesingh and Kamla Persad-Bissessar-who are in the minority-submitted a minority report, stating that they were against the banning of a working journalist from Parliament.

They stated that the newspaper had assumed blame, taken full responsibility for the actions of the journalist and proffered an apology, and that the editor-in-chief had admitted overall responsibility and took full blame for the infringement.

They said the recommendation, if accepted by the House, can be viewed as authoritarian, dictatorial and contrary to the fundamental right of freedom of the press enshrined in the Constitution.

They also raised doubts as to whether the committee had the inherent jurisdiction that ’permits the Parliament to alter the contract of employment between the employer and worker, since banning the journalist can amount to a suspension of his duties’.

They also said it was a denial of the ’fundamental right to work and the right to property’.

While MATT admitted that the newspaper was indeed in breach of the Standing Orders of Parliament, it said the punishment was ’unjustifiably harsh and highly unusual’. It said that in previous cases, once the accused party apologises for the offence, he or she is almost invariably let off and no further action taken. It noted that the editor-in-chief apologised for the breaching of the Standing Orders.

MATT endorsed the call of the minority report for the House to reject either the entire report or the particular recommendation of the ban. It said it awaits, ’with apprehension’, the committee’s findings in the case of a contempt charge against two TV6 journalists.

’MATT notes with grave concern that a pattern may be emerging of attempted intimidation, by way of the Privileges Committee, of journalists whose reporting may have embarrassed or offended the Government.’

On the matter of alleged contempt involving Persad-Bissessar, the committee believed that she ’acted in good faith when she proffered a personal explanation for her conduct, after it was determined that some of the contents of her speech were inaccurate’.

Her matter involved her allegation that the President of the country failed to act on correspondence received by Opposition Leader Basdeo Panday, with respect to the Integrity Commission.