Parliament is Sovereign! Or at least it should be.

It is the ultimate authority for ALL laws in Barbados, whether made by primary legislation or secondary (subordinate) legislation; i.e. Statutory Instruments. The mechanism for making those laws is Sacrosanct! I’m trained in law, but I’m no constitutional expert.

But, in my opinion, we have, for at least the last 4 decades, found ourselves in the situation where, at one time or other, there are more than 50% of MPs sitting in Cabinet. This country has serious problems to deal with and it needs serious people to solve them for the longevity and future of Barbados. So, here’s my question,

Is the Separation of Powers important? If so do we have that democratic principal in operation? In this status quo, a Minister in the Cabinet (Executive, “collectively responsible to Parliament” s64(2)), where the Legislative Agenda is set and discussed, and where support for that Agenda is gathered, must, in Parliament, shake off their Executive hat and put on their MP’s hat and vote their conscience, even when their conscience may be at odds with the job?

Because everyday that is what we have entrusted them to do. I realise that raises overtures of honesty and integrity, but, frankly that’s the job! It is the basis on which MPs are elected (before their political views) to stand up and fight for, our constitutional rights. Do we honestly believe that is possible, when that same Constitution also ensures that whatever is discussed in the Executive is protected by their oath of office to not “directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any documents”? In other words, are there checks and balances in the Executive?

For my part, I must come out in support of what Senator Franklyn is trying to achieve – Judicial Review. No one should be afraid of it – not even the Cabinet. Whilst there may be some political bias, we cannot escape the fact that the basis of his concerns should be the concerns of every Citizen on this Island. Because, “doesn’t it follow that the ability for any PM to pass through a Legislative Agenda and “control” the nations affairs becomes, probably to a greater degree, unfettered (to use the legal vernacular)?”

This is not about making trouble (at least not on my part) for the Government; but this must be checked. Moreover, in this Parliamentary democracy, there must be constitutional changes that protects citizens from this status quo; i.e. there must not be more than 50% of the Executive sitting in the Legislature, the Lower & Upper House, where our laws are being made by the MPs, you asked for.

I wrote a few days ago a reply to Senator Franklyn, in my article “Unconstitutional or Political Expediency”, that the political landscape of Barbados is unhealthy.

30 Parliamentary Constituencies, 29 MP's from one party, No ELECTED opposition, a Cabinet made up of 24 MP's, a Senate that is composed of only 2 Opposition choices and 7 GG choices 7 12 PM choices. This leaves the balance of power is still in favour towards the ruling party.

These facts are unassailable!

This country doesn’t just need protection from COVID, it needs protection from political mechanisms that can have an equally deleterious effect.

My reason and basis for writing as I do is because I love this country. But, the adverse inference that can be drawn from the status quo is there are no effective checks and balances unless Judicial Review is utilised.

It is absolutely right that any Public Office is accountable. It’s your right to check! That’s why we have the 3rd branch of Government. If any office appears to act beyond its powers (ultra vires) that must be checked by the Judiciary.

My reason and basis for writing as I do is because I love this country. I’ve developed a deep sense of passion for its future. I am spiritually and emotionally protective of it. But, the adverse inference that can be drawn from the status quo is there are no effective checks and balances unless Judicial Review is utilised. It is absolutely right that any Public Office is accountable.

It’s your right! That’s why we have the 3rd branch of Government. If any office appears to act beyond its powers (ultra vires) that must be checked by the Judiciary.

To that end the Judiciary are now sacrosanct. That’s the balance.

But folks, ask yourselves, what happens if we don’t do this?

Steve Prescott (LLB Hons)