More than a year after construction of the family court was completed, government continues to express its disappointment with the pace at which the Rules Committee, headed by acting Chancellor Carl Singh, is working to have the court operational.
Speaking to the media on August 25, Human Services Minister Priya Manickchand said she was very disappointed with the delay, declaring the government has done its part in making the facility a reality.
According to her, the People’s Progressive Party/Civic government had constructed the building, as promised in its 2006 manifesto.
“Whatever could have been done by the executive arm to have brought this court into being has been done,” she insisted.
“If you look at the promises made by the PPP/C that were to be fulfilled by this ministry, you would see that every single other thing has been done except that. And so, of course, I’m personally disappointed that the failure of the Rules Committee to have these rules being made into law and adopted has really stalled my own progress.” Manickchand, a lawyer by training, said her understanding is that the non-approval of rules for the court is responsible for the delay. “Rules for the family court can only be laid by the Rules Committee; it’s a matter of law. The Rules Committee performs their functions. Under law, they are separate and apart from government. In fact, they fall under the judicial arm of government,” she explained.
The minister informed reporters that the rules in question were forwarded to the committee since November 2010. “Having indicated to us that they (Rules Committee) have no capacity to get those rules done, the government hired someone that they recommended and approved of to draft the rules. We submitted those rules to the chancellor, who is the head of the Rules Committee, and the rules are still not made into law,” Manickchand lamented.
Impatient
The minister suggested that a better answer on the status of the family court would come from either the chancellor or the Rules Committee.
Several months ago, Presidential Secretariat Head Dr Roger Luncheon said government was “impatient”, while explaining that “the Rules Committee adoption is necessary for the definitive parliamentary intervention that was needed for the court to be established”. When questioned about a likely opening date, Dr Luncheon responded: “Our frustration at Cabinet is precisely because we cannot answer that question.” He did suggest that there were other measures that the executive could pursue, but suggested that the executive preferred to let convention take precedence.
After clearance by the Rules Committee, the rules have to be returned to Parliament for adoption.
Once this is done, they would be enshrined in the High Court Rules, and the family court’s operation would be initiated.
It has been more than a year since contractors handed over the court to the Human Services and Social Security Ministry.
The court was established to address problems arising from the dysfunction of the family unit, and to give special attention to child rights issues. It will handle issues such as divorce, division of property, domestic matters, adoption, guardianship, and custody.
