Powers and Procedure of Parliament

Power to make laws

48.1
Subject to the provision of this Constitution, Parliament may make laws for the peace, order and good government of Barbados.

48.2
Without prejudice to the generality of subsection (1) and subject to the provisions of subsection (3), Parliament may by law determine the privileges, immunities and powers of the Senate and the House of Assembly and the members thereof.

48.3
No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Senate or the House of Assembly while it is sitting, or through the President or the Speaker, the Clerk or any other officer of either House.

Alteration of this Constitution

49.1
Subject to the provisions of this section, Parliament may, by an Act of Parliament passed by both Houses, alter this Constitution.

Subject to the provision of subsection (3), a Bill for an Act of Parliament under this section that alters any of the following provisions, that is to say -

  1. this section and section 1:

  2. Chapter II;

  3. Chapter III;

  4. section 28, 32, 35 to 39, 41, 42, 48, 60(2), 61, 62, 63 and 76 to 79 (other than subsection (7) of section 79);

  5. Chapter VII (other than section 83);

  6. Chapter VIII;

  7. Chapter IX;

  8. any provision of Chapter X in its application to any of the provisions specified in paragraphs (a) to (g),

shall not be passed in either House unless at the final voting thereon in the House it is supported by the votes of not less than two-thirds of all the members of the House.

49.3
Subsection (2) shall not apply to a Bill in so far as it alters any of the provisions specified in that subsection for the purpose of giving effect to arrangements for the federation or union of Barbados with any other part of the Commonwealth of for the establishment of some other form of constitutional association between Barbados and any other part of the Commonwealth.

49.4
A Bill for an Act of Parliament under this section to which subsection (2) does not apply shall not be passed in either House unless at the final voting thereon in the House it is supported by the votes of a majority of all the members of the House.

49.5

In this section -

  1. references to this Constitution or to any particular provision thereof include references to any other law in so far as that law alters the Constitution or, as the case may be, that provision; and

  2. references to altering this Constitution or any particular provision thereof include references -

    1. to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof;
    2. to modifying it (whether by omitting, amending or overriding any of its provisions or inserting additional provisions in it or otherwise); and
    3. to suspending its operation for any period or terminating any such suspension.

49.6
No Act of Parliament shall be construed as altering this Constitution unless it is stated in the Act that it is an Act for that purpose.

49.7
Nothing in subsection (2) shall be construed as including any of the provisions of the First Schedule or the Second Schedule among the provisions specified in that subsection.

Regulation or procedure in Parliament

50.1
Subject to the provisions of this Constitution, each House may regulate its own procedure and for this purpose may make Standing Orders.

Each House may act notwithstanding any vacancy in its membership and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

Presiding in Senate

51.1
The President or, in his absence, the Deputy President or, if they are both absent, a member of the Senate (not being a Minster or a Parliamentary Secretary) elected by the Senate for the sitting shall preside at any sitting of the Senate.

References in this section to circumstances in which the President or Deputy President is absent include references to circumstances in which the office of President or Deputy President is vacant.

Quorum of Senate

52.1
if at any time during a sitting of the Senate objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed by the Standing Orders of the Senate, the person presiding ascertains that there is still not a quorum present, he shall thereupon adjourn the Senate.

52.2

For the purposes of this section a quorum of the Senate shall consist of eight Senators besides the person presiding.

52.3
For the purposes of this section a quorum of the Senate shall consist of eight Senators besides the person presiding.

Voting in Senate

53.
Save as is otherwise provided in this Constitution, all questions proposed for decision in the Senate shall be determined by a majority of the votes of the members thereof present and voting;

Provided that the person presiding shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.

Introduction of Bills, etc.

54.1
Subject to the provision of this Constitution and of the Standing Orders of the Senate or the House of Assembly, as the case may be, any member of either House may introduce any Bill or propose any motion for debate in, or may present any petition to, that House, and the same shall be debated and disposed of according to the Standing Orders of that House.

54.2
A Bill other than a Money Bill may be introduced in either House, the House of Assembly shall not -

54.3
Except on the recommendation of the Cabinet signified by a Minister, the House of Assembly shall not -

  1. proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to Barbados; or

  2. proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid.

54.4
The Senate shall not -

  1. proceed upon any Bill, other than a Bill sent from the House of Assembly, or any amendment to a Bill which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to Barbados; or

  2. proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid.

Restriction on powers of Senate as to Money Bills

55.1
Subject to the provisions of this Constitution, if a Money Bill, having been passed by the House of Assembly and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to that House, the Bill shall, unless the House of Assembly otherwise resolves, be presented to the Governor General for his assent notwithstanding that the Senate has not consented to the Bill.

55.2
There shall be endorsed on every Money Bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a Money Bill; and there shall be endorsed on any Money Bill that is presented to the Governor General for assent in pursuance of subsection (1) the certificate of the Speaker signed by him that it is a Money Bill and that the provisions of that subsection have been complied with.

Restrictions on powers of Senate as to Bills other than Money Bills

56.1
If any Bill other than a Money Bill is passed by the House of Assembly in two successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions, that Bill shall, on its rejection for the second time by the Senate, unless the House of Assembly otherwise resolves, be presented to the Governor General for assent notwithstanding that the Senate has not consented to the Bill:

Provided that the foregoing provisions f this subsection shall not have effect unless at least seven months have elapsed between the date on which the Bill is passed by the House of Assembly in the first session and the date on which it is passed by the House of Assembly in the second session.

56.2
For the purposes of this section a Bill that is sent to the Senate from the House of Assembly in any session shall be deemed to be the same Bill as a former Bill sent to the Senate in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time that ha elapsed since the date of the former Bill or to represent any amendments which have been made by the Senate in the former Bill in the preceding session.

56.3
The House of Assembly may, if it thinks fit, on the passage through the House of a Bill that is deemed to be the same Bill as a former Bill sent to the Senate in the preceding session, suggest any amendments in the Bill, and any such amendments shall be considered by the Senate, and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House of Assembly, but the exercise of this power by the House of Assembly shall not affect the operation of this section in the event of the rejection of the Bill in the Senate.

56.4
There shall be inserted in any Bill that is present to the Governor General for assent in pursuance of this section any amendment that are certified by the Speaker to have been made in the Bill by the Senate in the second session and agreed to by the Assembly.

56.5
There shall be endorsed on any Bill that is presented to the Governor General for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.

56.6
The provisions of this section shall not apply a Bill which is required by section 49 to be passed by both Houses.

Provisions relating to section 54, 55 and 56

57.1
In sections 54, 55 and 56 "Money Bill" means a public Bill which, in the opinion of the Speaker contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds or on monies provided by Parliament or the variation or repeal of any such charges; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions "taxation", "debt", "public fund", "public money" and "loan" do not include any taxation imposed, debt incurred, fund or money provided or loan raised by any local authority or body for local purposes.

57.2
For the purposes of section 56, a Bill shall be deemed to be rejected by the Senate if -

  1. it is not passed by the Senate without amendment; or

  2. it is passed by the Senate with any amendment which is not agreed to by the House of Assembly.

57.3
Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred upon him by subsection (1) or by section 55 or 56, that function may be performed by the Deputy Speaker.

57.4
Any certificate of the Speaker or Deputy Speaker given under section 55 or 56 shall be conclusive for all purposes and shall not be questioned in any court.

Assent to Bills

58.1
A Bill shall not become law until the Governor General has assented thereto in Her Majesty's name and on Her Majesty's behalf and has signed it in token of such assent.

58.2
Subject to the provisions of sections 55 and 56, a Bill shall be present to the Governor General for assent if, and shall not be so presented unless, it has been passed by both Houses either without amendment or with such amendments only as are agreed to by both Houses.

58.3
When a Bill is presented to the Governor General for assent he shall signify that he assents or that he withholds assent.

Oath of allegiance

59.
No member of either House shall take part in the proceedings thereof unless he has taken the oath of allegiance in such manner as is prescribed by any law in force in Barbados.