Constitution of the Republic of Trinidad and Tobago/Chapter 4
Part 1 Composition of Parliament
[edit]Establishment
[edit]Establishment of Parliament
[edit]39.- There shall be a Parliament of Trinidad and Tobago which shall consist of the President, the Senate and the House of Representatives.
The Senate
[edit]Composition of Senate
[edit]40.- 1. The Senate shall consist of thirty-one members (in this Constitution referred to as "Senators") who shall be appointed by the President in accordance with this section.
2. Of the thirty-one Senators-
a. sixteen shall be appointed by the President acting in accordance with the advice of the Prime Minister;
b. six shall be appointed by the President acting in accordance with the advice of the Leader of the Opposition; and
c. nine shall be appointed by the President in his discretion from outstanding persons from economic or social or community organizations and other major fields of endeavour.
Qualifications for Appointment as Senator
[edit]41.- Subject to section 42, a person shall be qualified to be appointed as a Senator if, and shall not be qualified to be so appointed unless, he is a citizen of Trinidad and Tobago of the age of twenty-five years or upwards.
Disqualifications for Appointment as Senator
[edit]42.- 1. No person shall be qualified to be appointed as a Senator who-
a. is a citizen of a country other than Trinidad and Tobago having become such a citizen voluntarily or is under a declaration of allegiance to such a country;
b. is a member of the House of Representatives,
c. is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Trinidad and Tobago;
d. is mentally ill, within the meaning of the Mental Health Act, 1975;
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e. is under sentence of death imposed on him by a court or is serving a sentence of imprisonment, by whatever name called, exceeding twelve months imposed on him by a court or substituted by competent authority for some other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended;
f. is disqualified for membership of the House of Representatives by virtue of any law in force in Trinidad and Tobago by reason of his having been convicted of any offence relating to elections; or
g. is not qualified to be registered as an elector at a Parliamentary election under any law in force in Trinidad and Tobago.
2. Parliament may provide that, subject to such exceptions and limitations, if any, as may be prescribed, a person shall be disqualified for membership of the Senate by virtue of-
a. his holding or acting in any office or appointment, either individually or by reference to a class of office or appointment;
b. his belonging to any of the armed forces of the State or to any class of person that is comprised in any such force; or
c. his belonging to any police force or to any class of person that is comprised in any such force.
3. For the purposes of subsection (1)(e)-
a. 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 twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and
b. 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 Office of Senators
[edit]43.- 1. Every Senator shall vacate his seat in the Senate at the next dissolution of Parliament after his appointment.
2. A Senator shall also vacate his seat in the Senate where-
a. he is absent from the sittings of the Senate for such period and in such circumstances as may be prescribed in the rules of procedure of the Senate;
b. with his consent, he is nominated as a candidate for election to the House of Representatives, or he is elected to be a member of the House of Representatives;
c. he ceases to be a citizen of Trinidad and Tobago;
d. subject to the provisions of subsection (3) any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of subsection (1) of section 42 or any law enacted in pursuance of subsection (2) of that section; or
e. the President, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or in his discretion in the case of a Senator appointed by him in his discretion, declares the seat of that Senator to be vacant.
3. Where circumstances such as are referred to in subsection (2)(d) arise because a Senator is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where 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, so however that, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.
4. The President of the Senate may, 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.
5. Where on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the Senator, or where, 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.
6. Where at any time before the Senator vacates his seat, such circumstances as are mentioned in this section cease to exist, his seat shall not become vacant on the expiration of the period referred to in subsection (3) and he may resume the performance of his functions as a Senator.
Appointments of Temporary Senators
[edit]44.- 1. Where a Senator has temporarily vacated his office under subsection (2) or is incapable of performing his functions a Senator by virtue of the provisions of section 43(3) or by reason of-
a. his absence from Trinidad and Tobago, or
b. illness,
the President may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate during such vacation of office, suspension, absence or illness.
2. Where the President of the Senate or the Vice-President of the Senate is acting as, or temporarily performing the functions of, President in accordance with section 27 then, without prejudice to the power of the Prime Minister, the Leader of the Opposition, or the President, as the case may be, with respect to appointments under section 40(2), the person holding the office of President of the Senate or Vice-President of the Senate shall vacate that office temporarily during such period as he is acting as, or temporarily performing the functions of, President.
3. Section 43(1) and (2) shall apply in relation to a person appointed under this section as they apply in relation to a Senator, except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 43, and an appointment made under this section shall in any case cease to have effect if the person appointed is notified by the President that the circumstances giving rise to his appointment have ceased to exist.
4. in the exercise of the powers conferred upon him by this section the President shall act-
a. in accordance with the advice of the Prime Minister in relation to a Senator appointed in pursuance of section 40(2)(a);
b. in accordance with the advice of the leader of the opposition in relation to a Senator appointed in pursuance of section 40(2)(b); and
c. in accordance with his own judgement in relation to a Senator appointed by him pursuant to section 40(2)(c).
President and Vice-President of the Senate
[edit]45.- 1. when the Senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a Senator, to be President of the Senate; and, if the office of President of the Senate falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as practicable, elect another Senator to that office.
2. When the Senate first meets after any general election and before it proceeds to the despatch of any other business except the election of the President of the Senate, it shall electe a Senator to be Vice-President of the Senate; and if the office of Vice-President of the Senate falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as convenient, elect another Senator to that office.
3. The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary to be the President of the Senate or the Vice-President of the Senate.
4. A person shall vacate the office of President of the Senate or Vice-President of the Senate where-
a. he ceases to be a Senator; so however that the President of the Senate shall not vacate his office by reason only that he has ceased to be a Senator on a dissolution of Parliament until the Senate first meets after that dissolution;
b. he is appointed to be a Minister or a Parliamentary Secretary;
c. he announces the resignation of his office to the Senate or where, by writing under his hand addressed, in the case of the President of the Senate, to the Clerk of the Senate, and in the case of the Vice-President of the Senate to the president of the Senate (or, where the office of President of the Senate is vacant or the President of the Senate is absent from Trinidad and Tobago, to the Clerk of the Senate), he resigns that office.
5. Where, by virtue of section 43(3) the President of the Senate or Vice-President of the Senate is required to cease to perform his functions as a Senator he shall also cease to perform his functions as President of the Senate or Vice-President of the Senate as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance of the functions of his office, be performed-
a. in the case of the President of the Senate by the Vice-President of the Senate or if the office of Vice-President of the Senate is vacant or the Vice-President of the Senate is required to cease to perform his functions as a Senator by virtue of section 43(3) by such Senator not being a Minister or Parliamentary Secretary, as the Senate may elect for the purpose;
b. in the case of the Vice-President of the Senate by such Senator not being a Minister or Parliamentary Secretary, as the Senate may elect for the purpose.
6. Where the President of the Senate or Vice-President of the Senate resumes the performance of his functions as a Senator, in accordance with the provisions of section 43(6) he shall also resume the performance of his functions as President of the Senate or Vice-President of the Senate, as the case may be.
The House of Representatives
[edit]Composition of House of Representatives
[edit]46.- 1. Subject to the provisions of this section, the House of Representatives shall consist of members who shall be elected in the manner provided by Parliament.
2. There shall be thirty-six members of the House of Representatives or such other number of members as corresponds with the number of constituencies as provided for by an Order made by the President under section 72.
3. Where any person who is not a member of the House of Representatives is elected to be Speaker of the House he shall, by virtue of holding the office of Speaker, be a member of the House in addition to the thirty-six or other number of members aforesaid.
Qualifications for Election as Member
[edit]47.- Subject to the provisions of section 48, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be qualified to be so elected unless, he-
a. is a citizen of Trinidad and Tobago of the age of eighteen years or upwards, and
b. has resided in Trinidad and Tobago for a period of two years immediately before the date of his nomination for election or is domiciled and resident in Trinidad and Tobago at that date.
Disqualifications for Election as Member
[edit]48.- 1. No person shall be qualified to be elected as a member of the House of Representatives who-
a. is a citizen of a country other than Trinidad and Tobago having become such a citizen voluntarily, or is under a declaration of allegiance to such a country;
b. is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Trinidad and Tobago;
c. is mentally ill, within the meaning of the Mental Health Act, 1975;
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d. is under sentence of death imposed on him by a court or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by a court or substituted by competent authority for some other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended;
e. is disqualified for membership of the House of Representatives by any law in force in Trinidad and Tobago by reason of his holding, or acting in, any office the functions of which involve-
i. any responsibility for, or in connection with, the conduct of any election, or
ii. any responsibility for the compilation or revision of any electoral register;
f. is disqualified for membership of the House of Representatives by virtue of any law in force in Trinidad and Tobago by reason of his having been convicted of any offence relating to elections; or
g. is not qualified to be registered as an elector at a Parliamentary election under any law in force in Trinidad and Tobago.
2. Parliament may provide that, subject to such exceptions and limitations, if any, as may be prescribed, a person may be disqualified for membership of the House of Representatives by virtue or-
a. his holding or acting in any office or appointment (either individually or by reference to a class of office or appointment);
b. his belonging to any of the armed forces of the State or to any class of person that is comprised in any such force; or
c. his belonging to any police force or to any class of person that is comprised in any such force.
3. For the purposes of paragraph (d) of subsection (1)-
a. 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 twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and
b. 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 Office of Members
[edit]49.- 1. Every member of the House of Representatives shall vacate his seat in the House at the next dissolution of Parliament election.
2. A member of the House of Representatives shall also vacate his seat in the House where-
a. he resigns it by writing under his hand addressed to the Speaker, or where the office of Speaker is vacant or the Speaker is absent from Trinidad and Tobago, to the Deputy Speaker;
b. he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;
c. he ceases to be a citizen of Trinidad and Tobago;
d. subject to the provisions of subsection (3), any circumstances arise that, if he were not a member of the House of Representatives, would cause him to be disqualified for election thereto by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section.
3. Where circumstances such as are referred to in paragraph (d) of subsection (2) arise because any member of the House of Representatives is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where 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 of the House so however, that subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.
4. The Speaker may, from 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.
5. Where on the determination of any appeal, such circumstances continue to exist and no futher appeal is open to the member, or where, by reason of the expiration of any period of 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.
6. Where at any time before the member of the House vacates his seat such circumstances as are mentioned in this section cease to exist his seat shall not become vacant on the expiration of the period referred to insubsection (3) and he may resume the performance of his functions as a member of the House.
Speaker and Deputy Speaker
[edit]50.- 1. When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker of the House; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as practicable, elect another person to that office.
2. The Speaker may be elected either from among the members of the House of Representatives who are not Ministers or Parliamentary Secretaries or subject to subsection (3), from among persons who are not members of either House.
3. A person who is not a member of either House shall not be elected Speaker where-
a. he is not a citizen of Trinidad and Tobago; or
b. he is a person disqualified for election as a member of the House of Representatives by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section.
4. When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a Minister or a Parliamentary Secretary, to be Deputy Speaker of the House; and if the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as practicable, elect another such member to that office.
5. A person shall vacate the office of Speaker or Deputy Speaker-
a. in the case of a Speaker elected from among the members of the House of Representatives or in the case of the Deputy Speaker-
i. where he ceases to be a member of the House, so however that the Speaker shall not vacate his office by reason only that he has ceased to be a member of the House in a dissolution of Parliament, until the House first meets after that dissolution;
ii. where he is appointed to be a Minister or a Parliamentary Secretary;
b. in the case of a Speaker elected from among persons who are not members of either House-
i. when the House first meets after any dissolution of Parliament;
ii. where he ceases to be a citizen of Trinidad and Tobago; or
iii. where any circumstances arise that would cause him to be disqualified for election as a member of the House by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section;
c. where he announces the resignation of his office to the House of Representatives or if by writing under his han addressed, in the case of the Speaker to the Clerk of the House and in the case of the Deputy Speaker to the Speaker, or, if the office of Speaker is vacant or the Speaker is absent from Trinidad and Tobago, to the Clerk of the House, he resigns that office; or
d. in the case of the Deputy Speaker, where he is elected to be Speaker.
6. Where, by virtue of section 49(3) the Speaker or Deputy Speaker is requird to cease to perform his functions as a member of the House of Representatives or where, in the case of the Speaker, by reason of circumstances referred to in subsection (8) or (9), ha has temporarily vacated his office, he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed-
a. in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives by virtue of section 49(3) by such member of the House, not being a Minister or Parliamentary Secretary, as the House may elect for the purpose;
b. in the case of the Deputy Speaker, by such member of the House not being a Minister of Parliamentary Secretary, as the House may elect for the purpose.
7. Where the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of section 49(3) he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.
8. Where the Speaker is acting as or performing the functions of President under section 27, he shall vacate the office of Speaker temporarily during such period as he is acting as, or temporarily performing the functions of, President.
9. Upon delivery by the Clerk of the House to the Speaker of a resolution signed by a majority of the members of the House that the Speaker may be removed from office, (hereinafter referred to as "the resolution") the Speaker shall vacate his office temporarily and cease to perform his functions as Speaker.
10. The resolution shall state the grounds on which the Speaker's removal from office is proposed.
11. The Speaker may, within twenty-one days of the delivery of the resolution, supply to the Clerk of the House in writing any grounds on which he resists his removal from office, and the Clerk of the House shall supply a copy thereof to each member of the House.
12. Unless a motion in support of the resolution is moved in the House-
a. within fourteen days of the receipt by the Clerk of the House of the grounds supplied by the speaker; or
b. where no such grounds have been supplied, within fourteen days of the time prescribed therefor, the Speaker shall resume the performance of his functions as Speaker.
13. For the purposes of subsection (9) a resolution left at the office of the Speaker shall be deemed to be delivered at the time it is so left.
14. Where the motion in subsection (12) is passed, the Clerk of the House shall within seven days of the passing of the motion referred to in subsection (12) transmit the records of proceedings in the House to a Special Tribunal comprising a Chairman and two other members appointed by the President after consultation with the Prime Minister and the Leader of the Opposition, thereinafter referred to as "the Tribunal".
15. The record shall include the resolution, the grounds supplied by the Speaker and the speeches made by Members of the House upon debate of the resolution.
16. The Tribunal shall review the record and within twenty-one (21) days of its receipt of the record shall make a recommendation to the House accompanied by a brief statement of its reasons therefor either-
a. confirming that the Speaker should vacate office; or
b. withholding confirmation.
17. Where the Tribunal confirms that the Speaker shall do so immediately upon delivery to him of the confirmation of the Tribunal by the Clerk of the House.
18. Where the Tribunal withholds confirmation the House by resolution may resolve not to follow the recommendation of the Tribunal and to confirm the motion that the Speaker should vacate office and where such a resolution is passed the Speaker shall vacate his office immediately.
19. During the period of review by the Tribunal the Speaker shall not resume performance of his functions as Speaker.
Qualification of Voters
[edit]51.- Subject to such disqualifications as Parliament may prescribe, a person shall be qualified to vote at an election of member to serve in the House of Representatives if, and shall not be qualified to vote at such an election unless, he-
a. is a Commonwealth citizen (within the meaning of section 18) of the age of eighteen years or upwards; and
b. has such other qualifications regarding residence or registration as may be prescribed.
General
[edit]Determination of Questions as to Membership
[edit]52.- 1. any question whether:-
a. any person has been validly appointed as a Senator or validly elected as a member of the House of Representatives;
b. any Senator or member of the House of Representatives has vacated his seat or is required, under the provisions of section 43(3) or section 49(3) to cease to exercise any of his functions as a Senator or as a member of the House of Representatives; or
c. any person has been validly elected as Speaker of the House of Representatives from among persons who are not Senators or members of the House of Representatives, shall be determined by the High Court.
2. Proceedings for the determination of any question referred to in subsection (1) shall not be instituted except with the leave of a Judge of the High Court.
3. An appeal shall lie to the Court of Appeal from-
a. the decision of a Judge of the High Court granting or refusing leave to institute proceedings for the determination of any question referred to in subsection (1);
b. the determination by the High Court of any such question.
4. No appeal shall lie from any decision of the Court of Appeal given in an appeal brought in accordance with subsection (3).
Part 2 Powers, Privileges and Procedure of Parilament
[edit]Power to Make Laws
[edit]53.- Parliament may make laws for the peace, order and good government of Trinidad and Tobago, so however that the provisions of this Constitution or (in so far as it forms part of the law of Trinidad and Tobago) the Trinidad and nidad and Tobago Independence Act, 1962 of the United Kingdom may not be altered except in accordance with the provisions of section 54.
Alteration of this Constitution
[edit]54.- 1. Subject to the provisions of this section, Parliament may alter any of the provisions of this Constitution or (in so far as it forms part of the law of Trinidad and Tobago) any of the provisions of the Trinidad and Tobago Independence Act, 1962.
2. In so far as it alters-
a. section 4 to 14, 20(b), 21, 43(1), 53, 58, 67(2), 70, 83, 101, to 108, 110, 113, 116 to 125 and 133 to 137; or
b. section 3 in its application to any of the provisions of this Constitution specified in paragraph (a),
a Bill for an Act under this section shall not be passed by Parliament unless at the final vote thereon in each House it is supported by the votes of not less than two-thirds of all the members of each House.
3. In so far as it alters-
a. this section;
b. sections 22, 23, 24, 26, 28 to 34, 38 to 40, 46, 49(1), 51, 55, 61, 63, 64, 68, 69, 71, 72, 87 to 91, 93, 96(4) and (5), 97, 109, 115, 138, 139 or the Second and Third Schedules;
c. section 3 in its application to any of the provisions specified in paragraph (a) or (b); or
d. any of the provisions of the Trinidad and Tobago Independence Act, 1962,
a Bill for an Act under this section shall not be passed by Parliament unless it is supported at the final vote thereon-
i. in the House of Representatives by the votes of not less than three-fourths of all the members of the House; and
ii. in the Senate by the votes of not less than two-thirds of all the members of the Senate.
4. For the purposes of subsections (2) and (3) the number of members of the Senate shall, even though circumstances requiring the appointment of temporary members in accordance with section 44(1) have arisen, continue to be the number of members specified in section 40(1).
5. No Act other than an Act making provision for any particular case or class of case, inconsistent with provisions of this Constitution, not being those referred to in subsections (2) and (3), shall be construed as altering any of the provisions of this Constitution, or (in so far as it forms part of the law of Trinidad and Tobago) any of the provisions of the Trinidad and Tobago Independence Act, 1962, unless it is stated in the Act that it is an Act for that purpose.
6. In this section references to the alteration of any of the provisions of this Constitution or the Trinidad and Tobago Independence Act, 1962, include references to repealing it, with or without re-enactment thereof or the making of different provisions in place thereof or the making of provision for any particular case or class of case inconsistent therewith, to modifying it and to suspending its operation for any period.
Privileges and Immunities of Parliament
[edit]55.- 1. Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Senate and House of Representatives, there shall be freedom of speech in the Senate and House of Representatives.
2. No civil or criminal proceedings may be instituted against any member of either House for words spoken before, or written in a report to, the House of which he is a member or in which he has a right of audience under section 62 or a committee thereof or any joint committee or meeting of the Senate and House of Representatives or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise; or for the publication by or under the authority of either House of any report, paper, votes or proceedings.
3. In other respects, the powers, privileges and immunities of each House and of the members and the committees of each House, shall be such as may from time to time be prescribed by Parliament after the commencement of this Constitution and until so defined shall be those of the House of Commons of the Parliament of the United Kingdom and of its members and committees at the commencement of this Constitution.
4. A person called to give any evidence before either House or any committee shall enjoy the same privileges and immunities as a member of either House.
Regulation of Procedure in Each House
[edit]56.- 1. Subject to the privisions of this Constitution, each House may regulate its own procedure.
2. Each House may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after the commencement of this Constitution or after any dissolution of Parliament), 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.
Oath of Allegiance
[edit]57.- No member of either House shall take part in the proceedings of that House (other than proceedings necessary for the purposes of this section) until he has made and subscribed before that House the oath of allegiance, so however, that the election of a Speaker and Deputy Speaker of the House of Representatives and the election of a President of the Senate and Vice-President of the Senate may take place before the members of the House of Representatives, or the members of the Senate, as the case may be, have made and subscribed such oath.
Presiding in Senate and House of Representatives
[edit]58.- 1. The President of the Senate or, in his absence, the Vice-President of the Senate or, where they are both absent, a Senator, not being a Minister or a Parliamentary Secretary, elected by the Senate for that sitting shall preside at each sitting of the Senate.
2. The Speaker or, in his absence, the Deputy Speaker or, where they are both absent, a member of the House of Representatives, not being a Minister or a Parliamentary Secretary, elected by the House for that sitting shall preside at each sitting of the House.
3. References in this section to circumstances in which the President of the Senate or Vice-President of the Senate, Speaker or Deputy Speaker is absent include references to circumstances in which the office of President of the Senate or Vice-President of the Senate, Speaker or Deputy Speaker is vacant.
Voting
[edit]59.- 1. Save as otherwise provided in this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.
2. The President of the Senate or other member presiding in the Senate shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.
3. The Speaker or other member presiding in the House of Representatives shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.
Quorum
[edit]60.- 1. A quorum of the House of Representatives shall consist of twelve members of the House and a quorum of the Senate shall consist of ten Senators, so however that the person presiding at the sitting of either House shall not be included in reckoning whether there is a quorum of that House present.
2. Where at any sitting of either House any member of the House who is present draws the attention of the person presiding at the sitting of the absence of a quorum and, after such interval as may be prescribed by that House, the person presiding at the sitting ascertains that a quorum of the House is still not present the House shall be adjourned.
Mode of Exercising Legislative Power
[edit]61.- 1. Subject to the provisions of this Constitution, the power of Parliament to make laws shall, except where otherwise authorised by statute, be exercised by Bills passed by the House of Representatives and the Senate and assented to by the President.
2. When a bill is presented to the President for assent, he shall signify that he assents or that he withholds assent.
3. A Bill shall not become law unless it has been duly passed and assented to in accordance with this Constitution.
4. A Bill may be assented to during the period occurring between the end of one session of Parliament and the beginning of the next or at any subsequent time during the life of that Parliament.
Attendance of Misistries in Either House
[edit]62.- 1. A Minister who is a Member of the House of Representatives and a Minister who is a Senator-
a. has the right to attend any sitting of the Senate or the House of Representatives, respectively,
b. may be required at the instance of the President of the Senate or the Speaker to attend any sitting of Senate or the House of Representatives, respectively.
2. A Minister may not be required to attend any sitting of either House under subsection 1(b) except on the adoption by that House of a motion for the purpose.
3. A Minister attending any sitting of the Senate or the House of Representatives under subsection (1) may take part in any debate or other proceedings concerning matters falling within his portfolio in such House and may speak on any motion before the House concerning such matters and move amendments to any such motions, save that such a Minister shall have no vote thereon.
4. Nothing in this section shall preclude the Attorney General from attending any sitting of the Senate or the House of Representatives, as the case may be, and taking part in debates and other proceedings and speaking on any motion before any such House, as the case may be, and moving amendments to any such motions even though the matter falls within the portfolio of some other Minister.
Introduction of Bills, etc.
[edit]63.- 1. A Bill other than a Money Bill may be introduced in either House; a Money Bill shall not be introduced in the Senate.
2. Except on the recommendation or with the consent of the Cabinet neither House shall-
a. proceed upon any Bill, including any amendment to a Bill, which, in the opinion of the person presiding, makes provision for any of the following purposes-
i. for imposing or increasing any tax;
ii. for imposing or increasing any charge on the revenues or other funds of Trinidad and Tobago or for altering any such charge otherwise than by reducing it; or
iii. for compounding or remitting any debt due to Trinidad and Tobago;
b. proceed upon any motion, including any amendment to a motion, the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes aforesaid; or
c. receive any petition which, in the opinion of the person presiding, requests that provisions be made for any of the purposes aforesaid.
Restriction on Powers of Senate as to Money Bills
[edit]64.- 1. Where a Money Bill, having been passed by the House of Representatives 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 the Senate, the Bill shall, unless the House of Representatives otherwise resolves, be presented to the President for assent notwithstanding that the Senate has not consented to the Bill.
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 President 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
[edit]65.- 1. Where any Bill other than a Money Bill is passed by the House of Representatives 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 Representatives otherwise resolves, be presented to the President for assent notwithstanding that the Senate has not consented to the Bill.
2. Nothing in subsection (1) shall have effect until at least six months have elapsed between the date on which the Bill is passed by the House of Representatives in the first session and the date on which it is passed by that House in the second session.
3. For the purposes of this section a Bill that is sent to the Senate from the House of Representatives 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 has 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.
4. The House of Representatives may, if it thinks fit, on the passage through that 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 without inserting the 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 Representatives; but the exercise of this power by the House of Representatives shall not affect the operation of this section in the event of the rejection of the Bill in the Senate.
5. For the purposes of this section a Bill shall be deemed to be rejected by the Senate where-
a. it is not passed by the Senate without amendments; or
b. it is passed by the Senate with any amendment that is not agreed to by the House of Representatives.
6. There shall be inserted in any Bill that is presented to the President for assent in pursuance of this section any amendments 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 House of Representatives.
7. There shall be endorsed on any Bill that is presented to the President 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.
8. The provisions of this section shall not apply to a Bill for an Act which is required by section 13 or section 54 to be supported at the final vote thereon in the Senate by the votes of not less than three-fifths or two-thirds respectively of all the members of the Senate.
Provisiona Relating to Section 63, 64 and 65
[edit]66.- 1. In sections 63, 64 and 65 "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:-
a. the imposition, repeal, remission, alteration or regulation of taxation;
b. the imposition, for the payment of debt or other financial purposes, of charges on public money or the variation or repeal of any such charges;
c. the grant of money to the State or to any authority or person, or the variation or revocation of any such grant;
d. the appropriation, receipt, custody, investment, issue or audit of accounts of public money;
e. 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
f. subordinate matters incidental to any of the matters referred to in this subsection.
2. In subsection (1) the expressions "taxation", "debt", "public money" and "loan" do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes.
3. Where the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred upon him by section 64 or 65 or subsection (1) that function may be performed by the Deputy Speaker.
4. A certificate of the Speaker or the Deputy Speaker under section 64 or 65 shall be conclusive for all purposes and shall not be questioned in any court.
5. Before giving any certificate under section 64 or 65 the Speaker or the Deputy Speaker, as the case may be, shall consult the Attorney General or, if the Attorner General is absent from the seat of government, such legal officer in the Ministry of Legal Affairs as the Attorney General may designate for that purpose.
66A. -1. Subject to subsection (2), it is hereby declared that -
a. in addition to any other Joint Select Committee which Parliament is empowered to appoint under its Standing Orders, Parliament shall, within one calendar month -
- i. after the commencement of the Constitution (Amendment) Act, 1999;
- ii. of the first meeting of the House of Representatives after any General Election,
or such time as the Parliament may resolve not being later than three months thereafter, appoint Joint Select Committees, to inquire into and report to both Houses of Parliament in respect of -
- A. Government Ministries;
- B. Municipal Corporations;
- C. Statutory Authorities;
- D. Enterprises owned or controlled by or on behalf of the State or which received funding from the State of more than two thirds of its total income in any one year; and
- E. Service Commissions,
in relation to their administration, the manner of the exercise of their powers, their methods of functioning and any criteria adopted by them in the exercise of their powers and functions;
b. for the purpose of this section, an enterprise shall be taken to be controlled by the State if the Government or any body controlled by the Government -
- i. exercises or is entitled to exercise control directly or indirectly over the affairs of the enterprise;
- ii. is entitled to appoint a majority of the directors of the Board of Directors of the enterprise; or
- iii. holds at least fifty per cent of the ordinary share capital of the enterprise,
as the case may be;
c. a Committee appointed for the purposes set out in paragraph (a) may -
- i. appoint sub-committees from among its members and delegate any of its powers to such sub-committee;
- ii. adjourn from place to place;
- iii. appoint specialist advisers to assist them in their deliberations;
d. subject to any order of the House or resolution of the Committee, the sitting of a Committee shall be held in public;
e. a Committee appointed for the purposes set out in paragraph (a) shall make a report of its opinion and observations which shall be laid in both Houses of Parliament.
2. A Joint Select Committe in exercising its powers under subsection (1) shall not enquire into the validity of the exercise of the functions of a body referred to in subsection (1) (a) nor modify, alter, rescind or in any way interfere with the decisions of any such body.
3. Subject to this section, the Standing Orders, of the Senate and the House of Representatives shall apply to a Committee appointed under this section.
4. Subject to the Standing Orders, of Parliament, a Commitee may regulate its own procedure.
66B.- Each Service Commission shall submit to the President, before 1st October in each year, a report on its administration, the manner of the exercise of its powers, its methods of functioning and any criteria adopted by it in the exercise of its powers and functions in the previous year and the President shall cause the report to be laid within sixty days thereafter in each House.
66C.-1. Section 66A and 66B shall not apply to the Judicial and Legal Service Commission.
2. The Judicial and Legal Service Commission shall submit to the President before 1st October, in each year, commencing in the year 2000, a report on the exercise of its functions and powers in the previous year, describing the procedures followed and any criteria adopted by it in connection therewith, and the President shall cause the report to be laid within sixty days thereafter in each House.
66D. A Body listed at (A) to (D) in 66A (1) (a) shall submit to the President before 1st July, in each year a report on the exercise of its functions and powers in the previous year, describing the procedures followed and any criteria adopted by it in connection therewith and the President shall cause the report to be laid within sixty days thereafter in each House.
Part 3 Summoning, Prorogation and Dissolution
[edit]Sessions of Parliament
[edit]67.- 1. Each session of Parliament shall be held at such place within Trinidad and Tobago and shall commence at such time as the President may by Proclamation appoint.
2. There shall be a session of each House once at least in every year, so that a period of six months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session.
Prorogation and Dissolution of Parliament
[edit]68.- 1. The President, acting in accordance with the advice of the Prime Minister, may at any time prorogue or dissolve Parliament.
2. Subject to subsection (3), Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution, and shall then stand dissolved.
3. At any time when Trinidad and Tobago is at war, Parliament may extend the period of five years specified in subsection (2) for not more than twelve months at a time; so however that the life of Parliament shall not be extended under this subsection for more than five years.
4. Where, between a dissolution of Parliament and the next ensuing general election of members to the House of Representatives, an emergency arises of such a nature that in the opinion of the Prime Minister, it is necessary for the two Houses to be summoned before that general election can be held, the President, acting in accordance with the advice of the Prime Minister, may summon the two Houses of the preceding Parliament but the election of members of the House of Representatives shall proceed and the Parliament that has been summoned shall, if not sooner dissolved, again stand dissolved on the day on which the general election is held.
General Election and Appointment of Senators
[edit]69.- 1. A general election of members of the House of Representatives shall be held at such time within three months after every dissolution of Parliament as the President, acting in accordance with the advice of the Prime Minister, shall appoint.
2. As soon as practicable after every general election, the President shall proceed under section 40 to the appointment of Senators.
3. Where a vacancy occurs in the House of Representatives within the first four years of the Life of the Parliament a bye-election shall be held to fill such vacancy.
Part 4 Election and Boundaries Commission
[edit]Constituencies
[edit]70.- 1. Trinidad and Tobago shall be divided into thirty-six constituencies or such other number as may be provided for by an Order made by the President in accordance with the provisions of this Part and each such constituency shall return one member to the House of Representatives.
2. Not less than two such constituencies shall be in the Island of Tobago.
Elections and Boundaries Commission
[edit]71.- 1. There shall be an Elections and Boundaries Commission for Trinidad and Tobago (in this Part referred to as "the Commission").
2. The members of the Commission shall be a Chairman and not less than two nor more than four other members.
3. The Chairman and other members of the Commission shall be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition.
4. A person shall not be qualified to hold office as a member of the Commission who is a Minister, a Parliamentary Secretary, a member of the House of Representatives, a Senator, a temporary member of the Senate, or a public officer.
5. Subject to the provisions of this section, a member of the Commission shall vacate his office-
a. at the expiration of five years from the date of his appointment, but is eligible for re-appointment; or
b. where any circumstances arise, that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
6. Three members of the Commission shall constitute a quorum.
7. Where there is a quorum, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members, and any proceeding of the Commission shall be valid even though some person who was not entitled so to do took part therein.
8. The Commission may regulate its own procedure.
9. The Commission shall be provided with a staff adequate for the efficient discharge of its functions.
10. The salaries and allowances of the staff of the Commission shall be a charge on the Consolidated Fund.
11. The registration of voters and the conduct of elections in every constituency shall be subject to the direction and supervision of the Commission.
12. In the exercise of its functions under this section the Commission shall not be subject to the direction or control of any other person or authority.
Procedure for Review of Constituency Boundaries
[edit]72.- 1. The Commission shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which Trinidad and Tobago is divided and submit to the Prime Minister and the Speaker for presentation to the House of Representatives in accordance with this section reports either-
a. showing the constituencies into which it recommends that Trinidad and Tobago should be divided in order to give effect to the rules set out in the Second Schedule; or
b. stating that, in the opinion of the Commission, no alteration is required to the existing number or boundaries of constituencies in order to give effect to the said rules.
2. Reports under subsection (1) shall be submitted by the Commission not less than two nor more than five years from the date of the submission of its last report.
3. As soon as may be after the Commission has submitted a report under subsection (1)(a) the Minister designated by the Prime Minister for this purpose (in this section called "the Minister") shall lay before the House of Representatives for its approval the draft of an Order by the President for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft may make provision for any matters which appear to the Minister to be incidental to or consequential upon the other provisions of the draft.
4. Where any draft made under this section gives effect to any such recommendations with modifications, the Minister shall lay before the House of Representatives together with the draft a statement of the reasons for the modifications.
5. Where the motion for the approval of any draft made under this section is rejected by the House of Representatives, or is withdrawn by leave of that House, the Minister shall amend the draft and lay the amended draft before the House of Representatives.
6. Where any draft made under this section is approved by resolution of the House of Representatives, the Minister shall submit it to the President who shall make the Order in terms of the draft; and that Order shall come into force on such day as may be specified therein and, until revoked by a further Order made by the President in accordance with the provisions of this section, shall have the force of law.
7. The question of the validity of any Order by the President purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the House of Representatives shall not be enquired into in any court.
Part 5 System of Balloting
[edit]System of Balloting
[edit]73.- 1. The election of members of the House of Representatives shall be by secret ballot and in accordance with the first-past-the-post system.
2. For the purposes of subsection (1), the votes shall be cast in ballot boxes of a design calculated to ensure their efficiency and reliability.