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
-
-
this section and section 1:
-
Chapter II;
-
Chapter III;
-
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);
-
Chapter VII (other than section 83);
-
Chapter VIII;
-
Chapter IX;
-
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 -
-
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
-
references to altering this Constitution or any particular provision
thereof include references -
- to repealing it, with or without re-enactment thereof or the making of
different provision in lieu thereof;
- to modifying it (whether by omitting, amending or overriding any of its
provisions or inserting additional provisions in it or otherwise); and
- 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 -
-
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
-
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 -
-
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
-
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 -
-
it is not passed by the Senate without amendment; or
-
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.
|