DECISION RESTS WITH GG

LEADER of the United Progressive Party, Lynette Eastmond, maintains that the instrument is already contained in the Constitution to allow the Governor General of Barbados to carry out her functions, in the absence of a leader of the Opposition, to fill the two vacant spots in the Senate.
In a press statement Eastmond, whose first-time party also suffered a crushing defeat at the polls, noted that following the May 24 elections, all 30 seats were returned for the BLP and there is therefore no official Opposition, leaving the office of the Leader of the Opposition incapable of being filled.

According to Eastmond, “Section 75 (a & b) of the Constitution deals with this eventuality. During any period in which there is a vacancy in the office of Leader of the Opposition, the Governor General is required to act in her discretion, in the exercise of any function in respect of which it is provided in the Constitution that the Governor-General must act in accordance with the advice of the Leader of the Opposition.

“Further, in circumstances where the Governor General is required to act on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, the Governor-General will act on the recommendation of the Prime Minister alone,” it was explained.

Eastmond added, “Section 36 of the Constitution provides that the Senate must consist of twenty-one qualified persons. The Governor General must appoint 12 of these Senators acting in accordance with the advice of the Prime Minister. Two Senators are to be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition.

“Seven Senators are to be appointed by the Governor General, acting in her discretion, to represent religious, economic or social interests or such other interests as the Governor-General considers ought to be represented, after consultation with stakeholders she deems relevant to her decision.

“Reading sections 36 and 75 together, it is therefore the case that the Constitution empowers the Governor General to use her own discretion to appoint the two Senators who would normally have been appointed in accordance with the advice of the Leader of the Opposition,” Eastmond contended.

Over the weekend, Prime Minister Mottley said that the need for an urgent amendment of the Constitution to allow the Opposition Political Party securing the highest number of votes to recommend two appointments to the Senate was discussed with Her Excellency Dame Sandra Mason.

“Because we believe even though there has been no official leader of the Opposition, my government would wish to have accommodated the views of the main Opposition party that secured the largest amount of votes. In this instance we are effectively speaking about the DLP,” she stated.

“It is only fair to the country that therefore those amendments be made to be able to secure their voice rather than to have them absent from the Parliament of Barbados,” the PM further pointed out.

Prime Minister Mottley explained that in the event that they fail to respond positively to the Governor General, Her Excellency will appoint two senators acting in accordance with the advice of the Prime Minister. This, Mottley said would take place after she as Prime Minister has consulted with organisations and interests which are believed to be important to be reflected in the Senate. “So that the amendment will therefore speak to both of those issues,” she said.