Chapter 5 of the Barbados Constitution

Composition of Parliament

Establishment of Parliament

35.
There shall be a Parliament of Barbados which shall consist of Her Majesty, a Senate and a House of Assembly.

36.1
The Senate shall consist of twenty-one persons who, being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this section.

36.2
Twelve Senators shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal.

36.3
Two Senators shall be appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition, by instrument under the Public Seal.

36.4
Seven Senators shall be appointed by the Governor Genera, acting in his discretion, by instrument under the Public Seal, to represent religious, economic or social interests or such other interests as the Governor - General considers ought to be represented:

Provided that before appointing any person under this subsection the Governor General shall consult such persons as, in his discretion, he considers can speak for those interest and ought to be consulted.

Qualifications for membership of Senate

37.
Subject to the provisions of section 38, any person who at the date of his appointment -

is a Commonwealth citizen of the age of twenty one years or upwards; and
has been ordinarily resident in Barbados for the immediately preceding twelve months,

shall be qualified to be appointed as a Senator.

Disqualifications for membership of Senate

38.1
No person shall be qualified to be appointed as a Senator who -

is a member of the House of Assembly;
is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;
holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor - General;
is under sentence of death imposed by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;
has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged; or
is disqualified for membership of the House of Assembly by or under any law in force in Barbados by reason of his having been convicted or reported guilty of any corrupt or illegal practice at elections.

38.2
Without prejudice to the provisions of subsection (1)(c), Parliament may provide that, subject to such exceptions and limitations as Parliament may prescribe, a person shall not be qualified to be appointed as a Senator if -

he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment;
he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or
he belongs to any police force of Barbados or to any class of person that is comprised in any such force.

38.3
For the purposes of subsection (1)(d) -

two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any one of those sentences exceeds that term they shall be regarded as one sentence; and
no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

Tenure of seats of Senators

39.1
The seat of a Senator shall become vacant -

upon the next dissolution of Parliament after he has been appointed;
if, with his consent, he is nominated as a candidate for election to the House of Assembly;
if he is absent from Barbados for a period exceeding forty days at any time when the Senate is sitting, without the leave of the President given in accordance with the provisions of subsection (2);
if he ceases to be a Commonwealth citizen;
subject to the provision of subsection (3), if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of paragraphs (b) to (g) of section 38(1) or of any law enacted in pursuance of section 38(2);
in the case of a Senator who was appointed as such in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition, if the Governor-General, acting in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition, as the case may be, by instrument under the Public Seal, declares the seat of that Senator to be vacant.

39.2
The President of the Senate may grant leave to any Senator to be absent from Barbados for any period not exceeding six months at any one time.

39.1

If the circumstances such as are referred to in subsection (1)(e) arise because a Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the President of the Senate may, at the request of the said Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Senate.
If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a Senator.

President and Deputy President of Senate

40.1
When the Senate first meets after any dissolution of Parliament and before it proceeds to the despatch of any other business, it shall elect a Senator, not being a Minister or Parliamentary Secretary, to be President of the Senate; and whenever the office of President becomes vacant for any reason other than a dissolution of Parliament, the Senate shall, not later than its second sitting after the vacancy has arisen, elect another Senator to fill that office.

40.2
When the Senate first meets after any dissolution of Parliament, it shall, as soon as practicable, elect a Senator, not being a Minister or Parliamentary Secretary, to be Deputy President of the Senate; and whenever the office of Deputy President becomes vacant for any reason other than a dissolution of Parliament, the Senate shall, as soon as convenient, elect another Senator to fill that office.

40.3

A person shall vacate the office of President or Deputy President of the Senate -

if he announces the resignation of his office to the Senate or if, by writing under his hand addressed, in the case of the President, to the Clerk of the Senate or, in the case of the Deputy President, to the President (or, if the office of President is vacant or the President is absent from Barbados, to the Clerk), he resigns that office;
if he ceases to be a Senator:
Provided that the President shall not vacate his office by reason only that he has ceased to be a Senator on a dissolution o Parliament, until the Senate first meets after such dissolution;
if he is appointed to be a Minister or Parliamentary Secretary;
if, by virtue of the provisions of section 39(3), he is required to cease to perform his functions as a Senator; or
in the case of the Deputy President, if he is elected to be President.

House of Assembly

41.1
The House of Assembly shall consist of twenty four members or such greater number of members as Parliament may prescribe.

The members of the House (who shall be known as "Members of Parliament") shall be persons who, being qualified for election as such in accordance with the provisions of this Constitution, have been so elected in the manner provided by any law in force in Barbados.

Electoral law

42.1
Any law providing for the election of members of the House of Assembly shall -

contain provisions for the division of Barbados into constituences; and
contain provisions designed to ensure that so far as is practicable any person entitled to vote at an election of members of the House.
contain provisions relating to the conduct of elections of members of the House of Assembly, including provisions relating to the identification of electors, designed to ensure that so far as is practicable no person shall vote at an election of a member of the House of Assembly -
1. who is not entitled to vote; or
2. when he is not entitled to vote; or
3. where he is not entitled to vote.
No election of a member of the House of Assembly shall be called in question on the ground that the law under which that election was conducted was inconsistent with this section.

Qualifications for membership of the Assembly

43.
Subject to the provisions of section 44, any person who -

is a Commonwealth citizen of the age of twenty one years or upwards; and
has such connection with Barbados by residence therein as may be prescribed by Parliament,shall be qualified to be elected as a member of the House of Assembly.

Disqualifications for membership of the Assembly

44.1
No person shall be qualified to be elected as a member of the House of Assembly who -

is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;
holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor General;
is a clerk in holy orders or other minister of religion;
is under sentence of death imposed by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;
has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged;
is disqualified for membership of the House of Assembly by or under any law in force in Barbados by reason of his having been convicted or reported guilty of any corrupt or illegal practice at elections;
is disqualified for such membership by or under any such law by reason of his having been convicted of making a false declaration of qualification for election;
is disqualified for such membership by or under any such law on any ground not mentioned in the foregoing provisions of this subsection, being a ground for disqualification for membership of the the House of Assembly by or under any law, other than the Representation of the People Act 1957(a), in force in Barbados immediately before 30th November 1966.

44.2
Without prejudice to the provisions of subsection (1)(b) and (c), Parliament may provide that, subject to such exceptions and limitations as Parliament may prescribe, a person shall not be qualified to be elected as a member of the House of Assembly if -

he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment;
he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or
he belongs to any police force of Barbados or to any class of person that is comprised in any such force.

44.3
For the purposes of subsection (1)(d)

two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any of those sentences exceeds that term they shall be regarded as one sentence; and
no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

Tenure of seats of members of Assembly

45.1
The seat of a member of the House of Assembly shall become vacant -

upon the next dissolution of Parliament after he has been appointed;
if he resigns it in such manner as may be provided by any law in force in Barbados or, subject to any such law, by the Standing Orders of the House;
if he is absent from the sittings of the House of Assembly for such period and in such circumstances as may be provided by any law in force in Barbados or, subject to any such law, by the Standing Orders of the House;
if he ceases to be a Commonwealth citizen;
if the contravenes the provisions of section 59 (relating to the taking of the oath of allegiance) or any provision requiring him to make a declaration of qualification for election before taking part in the proceedings of the House of Assembly contained in any law in force in Barbados;
subject to the provisions of subsection (2), if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for election as such by virtue of section 44(1) or any law enacted in pursuance of section 44(2).

45.2

If circumstances such as are referred to in subsection (1)(f) arise because a member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections or of making a false declaration of qualification and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the Speaker may, at the request of the member, form time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House of Assembly.
If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
If at any time before the member vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a member.

Determination of questions of membership of Senate and Assembly

46.1
Any question whether -

any person has been validly appointed as a Senator; or
any person has vacated his seat as a Senator or is required under the provisions of paragraph (a) of section 39(3) to cease to perform his functions as a Senator, shall be determined by the High Court, whose decision shall be final.

46.2
Any question whether -

any person has been validly elected as a member of the House of assembly; or
any person has vacated his seat as such a member or is required under the provisions of paragraph (a) of section 45(2) to cease to perform his functions as such a member, shall be determined by such authority or authorities as may be prescribed by any law in force in Barbados.

Filling of Casual Vacancies in Senate and Assembly

47.1
Whenever any person vacates his seat as a Senator for any reason other than a dissolution of Parliament, the Governor General shall appoint a person to fill the vacancy under the same provisions of section 36 as the person whose seat has become vacant was appointed.

47.2
Whenever any person vacates his seat as a ember of the House of Assembly for any reason other than a dissolution of Parliament, the Governor General shall issue a writ for the election of a member to fill the vacancy returnable within ninety days from the occurrence of the vacancy.