And while Peyrefitte made a solitary challenge on that borrowing - he had company when he opposed clauses in the Financial Services Commission Bill of 2023 - which gives broad ministerial discretion.
It was a valid point, so much so that it forced the Government side to stand down on the bill. Here's the back and forth:
Michael Peyrefitte, Opposition Senator
"Now I am sure I read the PlanBelize and within that PlanBelize of the PUP, the blue PUP, the "E" for empathy, because they took off the "E", its just the BLU. You have now that plan saying to the Belizean people before getting elected that they would engage in passing legislations that reduces, minimizes
or as far as maybe in certain cases, eliminate ministerial discretion and power. I am sure I read that somewhere in that document. This government is to be elected on the basis that they would reduce ministerial power. Well, this legislation does the opposite. It puts ministerial power on steroids."
Kevin Herrera, Business Senator
"To a large extent I agree with what Senator Peyrefitte mentioned in terms of the ministerial power throughout the bill. Now, the appeals panel if someone, some entity has an issue with some decision of the commission and they want to appeal it. Now they have to appeal it to an appeals panel that is being recommended by the commission and the commission was then appointed by the minister and I'm wondering what type of objectivity, what type of fairness could one expect in appeals process like that. One of the things I'm seeing throughout the bills that are before us today is a very ministerial heavy or minister heavy of structure and so I'm hoping that that will not be a trend that we see into the future. We really want to as much as possible leave the every day running of government business to the professionals."
Eamon Courtenay, Senator for Government Business
"The essence of Senator Herrera's objection and Senator Smith is that this sub-clause does not satisfy the basic norms of due process and a fair hearing, because the decision will be made by the commission and they will be appointing the appeal panel effectively, appointed by the minister of their advice, judge and jury. That is with respect a powerful objection and because of that I've whispered to Senator Herrera after consultation that we will hold the bill in committee in order to look at that clause and to have a more sober debate on the other provisions."
