Government works on repair legislation for "negative list"

September 26, 2011 7:38 AM

The government is currently working on repair legislation, to reinforce laws that were erroneously no longer effective per 10-10’10. This so-called negative list contains laws of which one assumed they would no longer have top priority.

However, in hindsight it appears numerous important laws ended up on the list. Lawyers had drawn up the list at the request of the second-last Governing Body of the island territory Curaçao.

According to the then deputy of General Affairs, Zita Jesus-Leito (PAR), the list was drawn up, considering the time up to 10-10-’10 was too short. The list was part of the National Regulation General Transition Arrangement Legislation and Administration of the county Curaçao  with the purpose to indicate which laws had priority in becoming effective per 10-10-’10 and which were no longer applicable or could wait. There was an A and a B list. All national regulations were on the A-list and all island regulations on the B-list.

Although the second-last Governing Body of the island territory Curaçao had drawn up the negative list, it was adopted by their successors, now seated in the current coalition. During the past months, representatives from opposition and coalition hurled reproaches at one another on who was responsible for this error. The coalition parties accuse the PAR that this party had drawn up the lists. In turn, the PAR actually states the coalition parties should have been more attentive when introducing the laws. However, the fact remains numerous laws important for the functioning of the country have ended up on these lists.

The A and B lists are added to the General Transition Arrangement Legislation and Administration of the country Curaçao. Many of the laws that are mentioned on both lists can mostly be called archaic. For instance, the list includes a National Order on general measures from 19609 regarding the time one had to levy the income tax on the island territory Aruba, a National Regulation from 1906 that arranges the residence of those wishing to come to the colony Curaçao and numerous Island Regulations that arrange the budgets of Island Services.

However, it now appears the lists erroneously also include laws that are important for the functioning of the new country Curaçao. For instance, Minister Charles Cooper (Traffic, Transport and Regional Planning, MAN) states the lists also include the law that is to organize activities on the public road. The latter now falls under the Police Law, says the Minister, although one is working on reintroducing the original law through the so-called repair legislation.

Another important law included on the list is the National Regulation Pension Scheme political authorities. This law signifies that States members and ministers, who step down (prematurely), do not qualify for a transitional arrangement for the time being. During the past weeks, it was reported that ministers of the Schotte-cabinet, who had stepped down prematurely, could qualify for a transitional arrangement. However, Cooper contradicts this. “This is to be discussed in the Council of Ministers and as far as I know, this discussion did not take place.”

The salary arrangement of States members included in the National Regulation Compensation of States members, also ended up on the negative list. From an official point view, this means there is no legal basis to pay the States members. However, States chairman Ivar Asjes (PS) points out that the compensation of States member was never confirmed officially. He further indicates payments are made in conformity with what was included in the States’ budget. The States are dependent as regards the budget. The traveling expenses and subsistence of the States members also ended up on the negative list. However, according to Asjes, also this is overcome as the States give parliamentarians the green light for business trips.

During a recent meeting of the States, Premier Gerrit Schotte indicated the government is aware numerous laws ended up on this list by mistake. With the repair legislation, the government is currently straightening this out.

11 September 2011