Transcript of an encounter between the Prime Minister and Attorney-General of Barbados, with members of the Press following the first meeting of the House of Assembly on Friday, February 4, 2022.
Location: Lloyd Erskine Sandiford Centre
Mia Amor Mottley
“One of you asked me when I was going in whether we had laid the Constitutional Amendment Bill. Yes, we have. And I thank the Honourable Attorney-General for it. And many have asked, why?
The truth is that there has been a lot of public debate this week and reference to the provisions of Section 75 of the Constitution that the President can choose to appoint two Senators.
But this Government has chosen to be able to give the party that has the second largest amount of votes in the election the right to be able to choose two Senators. And in spite of the fact that the President of the Democratic Labour Party says he needs nothing from me and I can’t offer him. Let us be very clear, we are thankful to the people of Barbados with the mandate that they’ve given this government. It is as comprehensive and complete a mandate as possible, but we believe that we have an obligation to our democracy and to the deepening and protection of our democracy to be able to afford the opportunity to the party receiving the second highest number of votes. The opportunity to not just appoint two Senators, but if persons were reflecting and knew what they were talking about, they would know that what is at stake is not just simply the appointment of two Senators. What is at stake, as well, is the appointment of a number of commissions under the Constitution from the Electoral and Boundaries Commission that will come up during the course of the next five years to the various Services Commission: the Administrative and General Services Commission, the Protective Services Commission, the Judicial Legal Services Commission and a whole host of others.
Now, under the current provisions of the Constitution, Section 75, it would mean that I would have the right, as Prime Minister to choose all of those people. And as much as I know that I will do it in fairness and to protect the public interests, I do not believe that I should do so. And to that extent, therefore, we are going to afford them the opportunity to not only be able to choose the two Senators, but by extension to be able to have a say in the appointment of the different Commissions.
No why does this matter?
This is the third time that this government is reducing and that I have chosen willingly to reduce the powers of a Prime Minister. The first one was in the selection of Judges and the Chief Justice, and we passed the Judicial Advisory Appointments Act, which has a set committee that advises me, rather than me choosing arbitrarily who should be a Judge and who should be Chief Justice.
The second time was with respect to the amendments to the Constitution for the election of a President. Hitherto, every one of the seven Prime Ministers of Barbados chose in their own deliberate choice, without consultation really or without consent and advice, rather, I should say, the person who should have been the Head of State in terms of Governor-General. We’ve changed that and given the power to Parliament.
And the third occasion is now this – where pursuant to Section 75 of the existing Constitution, if there’s no Leader of the Opposition, I think it’s Section 75-2 or B, I can’t remember the reference, makes it absolutely clear that I would have the right to choose. Now, I do not believe in this day and age that I as Prime Minister should be choosing all five members of the Electoral and Boundaries Commission, and therefore, even if the current leadership of the Democratic Labour Party may not be seeing too clearly at this point in time, the rest of us must see clearly for them and for the deepening and strengthening of this democracy.
And to that extent, therefore they will have the opportunity. It is up to them to refuse. The amendments also say that if they refuse, then the President and I will act in our own deliberate choices and you go after the next party. Once they all refuse, then there’s a back-stop with the President and myself. But we feel that we have to give people that chance in spite of themselves. And you know, when I was a young student, I once watched a movie that has always stayed with me – that you must love in spite of and not because of. And we are loving in spite of.
We are going to deepen this democracy in spite of the current language and rejection of the current acting president of the Democratic Labour Party, because we recognize that as a party that is over 65 years old, that it has a right to participate in the affairs of this country and in spite therefore of their public comments, we are doing it. It is up to them in George Street, however, to determine whether they want to accept and the new provisions of the legislation also make it clear that they must designate who is the entity or person within the structure that the President or myself will continue to consult with.
So we look forward to the passage of this legislation. We are conscious that it will require the support of not just the Government, but also the Independent Senators in order for it to come, and it has also come with the other provision – I’ve said very clearly that if you are old enough to vote, then you must be old enough to represent. And to that extent, therefore the amendment that will reduce this age for qualification to sit as a member of the House of Assembly and the Senate to 18 years old is also attached to that constitutional amendment.
Any question pursuant to that?”
Colville Mounsey
“Do you have a time-frame, Madam Prime Minister, as to when the the party with the second most votes can accept this offer?”
Mia Amor Mottley
“Well, we intend to debate the matter on Tuesday. It was, the first reading was done just now. Government notice was given of it and the first reading was done. It is our intention to debate it on Tuesday and to have it go to the Senate on Wednesday. The ball is in everyone’s court, but I can only share from you after, what 30, this year will be 33 years in the public life of this country. And it is my deliberate judgment that sometimes you have to act in spite of. This is an occasion, and I hope it will be something that all of us will remember that sometimes you have to act in spite of people’s behaviour and in spite of people’s commentary. This is the right thing to do for this country. The people of Barbados have given us a comprehensive mandate for the second occasion. We have not abused it on the first time, I would have given you two examples of the reduction of the powers of a Prime Minister in ways that none of the other seven Prime Ministers before me had done. And I have given you a third example today. And as God gives me life, I will continue to treat to the mandate given by the people of Barbados with the care, the sensitivity, the accountability and the transparency required.”
Colville Mounsey
“Madam Prime Minister, when I was referring to the time frame, I meant, I mean, obviously the Democratic Labour Party wouldn’t have the carte blanche time to deliberate it in terms of indefinite time period – to sit down and deliberate. So, is there a time frame?”
Mia Amor Mottley
“The law is very clear. The AG will tell you.”
Dale Marshall
“The Constitution as it stands, Prime Minister, does not stipulate any time period for the consultation. It creates an obligation to consult. We’ve always operated on the basis of consulting within a reasonable time, but that’s why we stipulate in the amendment that if if that party refuses to either facilitate the consultation or to participate in the consultation, then Her Excellency or the Prime Minister, as the case may be, would go to the next party that achieves the next highest number of votes and when we exhaust that, then unfortunately, you must act. And it is at that point that you would then rely on your own discretion.”
Mia Amor Mottley
“Which is the current, which is the current situation under Section 75 now. But as I said, I do not feel that this country and I know that the people of Barbados will agree with me, that I should not have the right to appoint all five members of the Electoral and Boundaries Commission when it comes up. And I should not have the right to just appoint all members of the Services Commission without consulting the other side or the party that got the other votes. This is the right thing to do, and let’s settle down and do the right thing, give the right example to our people and recognize that Barbados remains a multi-party democracy, but yes, it has chosen to give one party all the votes on two occasions, all the seats on two occasions. But it does not change from the fact that we are a multi-party democracy.”
Mia Amor Mottley
“Ok, thank you very much.”
