The Formation of a Government: Informateur and Formateur

PHILIPSBURG – At the moment Joe Richardson and Marcel Gumbs have been appointed by His Excellency Governor Eugene Holiday as informateurs, and are currently busy with the process of forming a government based on the Governor’s instructions.  Richardson and Gumbs have been given until October 3^rd to present their report with respect to the next Government of country Sint Maarten. 

During the first formation process for a National Alliance (NA), Democratic Party (DP), and United St. Maarten (US) Party Government, the Governor appointed a formateur rather than an informateur.  Approximately four weeks ago, the Governor was informed about an eight seat majority support for a new Government consisting of the NA/DP/US. Leader of the NA Hon. Member of Parliament William Marlin was appointed by the Governor as the formateur.

On September 24 the Governor was informed that there was a new eight seat majority and it was a United People’s (UP) Party – seven seats in parliament - and Member of Parliament-elect Cornelius de Weever.  This signalled that the previous eight seat majority of the NA/DP/US and lost its majority.

The Governor then appointed two informateurs which is the Governor’s prerogative to do so.

The process of forming a government

Here is the typical approach usually followed in the formation process of a government. The first step is for an informateur to investigate which political parties could form a coalition.

Tasks of the informateur

It is the informateur’s task to explore the various options for a new Cabinet. He examines which parties are able and ready to form a new Cabinet and any obstacles which have to be overcome.

The informateur examines which parties are able and ready to form a new cabinet and any obstacles which have to be overcome. Consequently, parties have to cooperate to form a coalition government. Parties who are not included in the coalition constitute the opposition. 

The scope of the assignment given to the informateur depends on the polling results. If two parties have a majority and they agree with each other, the informateur will have a limited role. After completion of their duties the informateurs propose to appoint a formateur.

The Coalition Agreement 
The scope of the assignment given to the informateur may involve the drafting of a Coalition Agreement. Sometimes a new informateur is appointed for this task. The informateur negotiates with the coalition parties about the common goals and the key policy themes of the future Cabinet. When they have reached an agreement, the coalition parties set out the arrangements in a so-called Coalition Agreement. The new Cabinet is bound by the Coalition Agreement and has to implement concrete policy measures over the coming years, on the basis of the agreements set out in the Coalition Agreement.

Duties of the formateur

After the informateur has recommended a coalition and the key themes of the shared policies have been set out in the Coalition Agreement, the Governor could appoint a formateur, who in most cases is the intended Prime Minister. He concludes the formation talks.

In most cases the formateur will be the intended Prime Minister. As a rule, the largest party provides the Prime Minister. He concludes the formation talks and divides the ministerial posts or “portfolios” The formateur will then look for people who are eligible to become ministers or state secretaries on behalf of the coalition parties. 

When the team is complete, the new Cabinet holds a so-called constituent assembly, where the ministers must state that they agree with the Coalition Agreement, setting out the common goals and the key policy themes of the future Cabinet. Subsequently, the Governor representing the Head of State swears in the ministers. Shortly afterwards, the Cabinet could take the route of delivering the Government's policy statement in the House of Parliament.

The duration of the formation process

The formateur aims to form a new government as soon as possible, as the caretaker government may deal only with ongoing matters and cannot initiate new policy. In some experiences, for example in the Netherlands, the formation process can last from a number of weeks to more than six months.