WILLEMSTAD - The Advisory Council has voiced strong criticism regarding the way Parliament handles recommendations from advisory bodies. According to the Council, insufficient attention is given to the advice from crucial institutions such as the Advisory Council itself and the Social Economic Council, which jeopardizes the quality of legislation.
The Advisory Council emphasizes that the role of advisory bodies is essential within Curaçao's democratic system. Their independent and critical advice is meant to safeguard and improve the quality of legislation and regulations. By ignoring this advice, the intended goal is not achieved, resulting in a decline in the quality of public administration.
Minimum Wages
A striking example is the draft national ordinance to amend the National Ordinance on Minimum Wages, proposed by initiators Giselle McWilliam and Steven Martina, both from the MAN party. The Advisory Council issued advice on this matter twice, on January 20, 2022, and December 14, 2023.
Despite these recommendations, the initiators submitted a "Revised Draft in Response to the Advisory Council’s Recommendations" on May 21 of this year, without an amended explanatory memorandum. As a result, it is unclear whether the advice was seriously considered and motivatedly rejected.
The Advisory Council notes that the initiators have hardly followed up on the December 2023 advice without any justification, which could have negative implications for the enforceability of the ordinance.
Social Economic Council
Another example concerns three draft national ordinances in which the advice from the Social Economic Council in 2021 was completely disregarded. The initiators informed the President of the States in writing that they would not make any changes to the drafts, despite the Council's comments.
As a result, the ordinances were forwarded to the Advisory Council without an amended explanatory memorandum. According to the SER, their comments could lead to important reconsiderations or amendments to the legislative proposals.
Diligence
The Advisory Council urges all parties involved to exercise diligence in the preparation of legislation. Although there are obstructive factors in the legislative function, all actors must ensure that the drafts meet the requirements for high-quality legislation.
The Advisory Council emphasizes that an incomplete draft national ordinance, along with the corresponding explanatory memorandum, can be returned to the initiators. They must then respond to the comments from the Advisory Council and the SER and incorporate the responses into the draft initiative and its explanation. Only in this way can legislative text be made adequate and complete.