PHILIPSBURG--A Central Committee hearing on the proposed Child Abuse Registration System, a new addition to the Civil Code, ended up being overshadowed by whether proper procedures had been followed to invite civil servants to speak to Parliament.
The issue on Monday arose when Community Development, Family and Humanities Affairs head Aida Holaman-Boyrard said she had boundaries within which to answer questions from Members of Parliament (MPs). While answering the questions, she said she was "constantly treading" on the spheres of other departments.
Holaman-Boyrard said she, as the representative of Women's Desk which falls under her department, was put in "an awkward position" because Women's Desk is a government department, not a non-governmental organisation (NGO). She didn't want to "go over our boundaries," because issues of the law should be discussed with the initiator of the law – the Ministry of Justice.
Democratic Party (DP) MP Roy Marlin in a point of order asked President of Parliament Gracita Arrindell whether Minister of Public Health, Labour and Social Affairs Cornelius de Weever had been invited to the meeting or the civil servants had been invited directly.
Marlin told the press after the meeting that it was the minister's policy that counted. "I don't agree with speaking to civil servants. I don't want this to become the norm." Asked whether he was sure that procedures to invite the civil servants had not been followed, he said he had no verification.
National Alliance (NA) MP William Marlin also raised the same objection, adding that Roy Marlin had "a valid point."
"I don't want to be disgusting or disrupt the meeting, I want to be clear if we are following proper procedure," William Marlin said. He pointed out that Parliament was governed by Rules of Order and the Constitution, particularly Article 63. He questioned whether the civil servants had "explicitly been given authority" by their ministers or the department had been invited directly.
Arrindell adjourned the hearing to caucus with Secretary-General Jozef Semeleer on the procedure followed for the meeting. During the adjournment, the General Assembly Hall was filled with murmurs of objections and arguments on whether procedures had been followed. MPs had various discussions across party lines.
At the resumption of the meeting, Arrindell said the civil servants wanted to continue with the meeting. "We will continue the meeting and make good use of the civil servants ... I want this hearing to be civil."
William Marlin asked what had been learned in the talk with the secretary-general and requested copies of the letters sent to the minister inviting the civil servants.
Arrindell said the civil servants had been given permission to speak to MPs. The letters had been signed by second deputy President of Parliament Patrick Illidge and sent directly to the ministers.
Holaman, Social Services head Mark Schloss and Youth and Sports Policy Officer Elmora Aventurin-Pantophlet of Section Youth gave explanations about their departments' work and how they collaborated with each other and other departments.
Several MPs gave their opinions on child abuse and its impact on the community. They also posed questions about how the central registration system would function and the general care of children in the community.
Needed
The child abuse registration centre should be an independent entity, said Holaman-Boyrard. This means that it should "be able to surpass" the Court of Guardianship's authority and regulations where necessary.
The representatives of the Ministry of Public Health, Labour and Social Affairs and the Ministry of Education, Culture, Youth and Sports disagreed with the removal of the obligation to report abuse as stated in the law, although research has shown that an obligation to report does not translate into increased reporting. "The situation in a small community like St. Maarten might be very well different."
Holaman-Boyrard and Aventurin-Pantophlet said MPs should look to the draft law on Youth Affairs, pending from the days of the Netherlands Antilles, as it provided a good foundation for the registration system and had broader definitions to cover abuse. It covers the concerns of the various ministries, the obligations of parties and the associated sanctions.
Holaman-Boyrard said the discussion about the draft changes had been discussed also with the Ministry of Justice, which had tabled the changes. The law was discussed first among representatives of the two ministries; several recommendations to improve the law were arrived at and shared with MPs.
She added that the registration centre should not be limited to child abuse as defined in the draft law. It should include registration of all types of abuse against children in general. Abuse of a minor within the family or by a person in a place of trust should be treated with equal strictness. "At the end of the day, abuse is abuse."
Those recommendations were also grounds for concern from some MPs, who believed changes should be tabled by the ministers responsible.
The Court of Guardianship already has given its position in a Central Committee hearing on the draft changes to Book I of the Civil Code. The implementation of this registration centre would add to its areas and scope of responsibilities. Court representatives had indicated that the institution was understaffed and did not have the financial support at present to carry out the new responsibilities.
