CHAPTER III - PART 1
Composition of Parliament
Establishment of Parliament
Senate
House of Assembly
General Provisions
23. Establishment
There shall be a Parliament of Saint Lucia which shall consist of Her Majesty, a Senate and a House of Assembly.
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The Senate
24. Composition
(1) The Senate shall consist of 11 Senators and such other Senators as may be temporarily appointed under section 28.
(2) Of the 11 Senators—
(a) 6 shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister;
(b) 3 shall be appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition; and
(c) 2 shall be appointed by the Governor General, acting in his or her own deliberate judgment after he or she has consulted those religious, economic or social bodies or associations from which he or she considers that such Senators should be selected.
25. Qualifications
Subject to the provisions of section 26, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he or she—
(a) is a Commonwealth citizen who has attained the age of 21 years; (Amended by Act 17 of 1980)
(b) has been ordinarily resident in Saint Lucia for a period of 5 years immediately before the date of his or her appointment; and
(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him or her to take an active part in the proceedings of the Senate.
26. Disqualifications
(1) No person shall be qualified to be appointed as a Senator if, at the date of his or her appointment, he or she—
(a) is, by virtue of his or her own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
(b) is a minister of religion (except in the case of an appointment under section 24(2)(c));
(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;
(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any such law;
(e) is under sentence of death imposed on him or her by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him or her by such a court or substituted by competent authority for some other sentence imposed on him or her by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; or
(f) subject to such exceptions and limitations as may be prescribed by Parliament, has any such interest in any such government contract as may be prescribed.
(2) If it is so provided by Parliament, a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of members of the House or who is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding 5 years) following his or her conviction or, as the case may be, following the report of the court as may be so prescribed, to be appointed as a Senator.
(3) No person shall be qualified to be appointed as a Senator who is a member or is nominated as a candidate for election to the House.
(4) If it is so provided by Parliament, and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be appointed as a Senator if, at the date of his or her appointment—
(a) he or she holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment);
(b) he or she belongs to any of the armed forces of the Crown or to any class of person that is comprised in any such force; or
(c) he or she belongs to any police force or to any class of person that is comprised in any such force.
(5) In subsection (1)—
“contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;
“minister of religion” means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship.
(6) For the purposes of subsection (1)(e)—
(a) 2 or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds 12 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.
27. Tenure of office
(1) A Senator shall vacate his or her seat in the Senate at the next dissolution of Parliament after his or her appointment.
(2) A Senator shall also vacate his or her seat in the Senate—
(a) if he or she 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) if he or she ceases to be a Commonwealth citizen;
(c) if, with his or her consent, he or she is nominated as a candidate for election to the House or if he or she is elected to be a member of the House;
(d) subject to the provisions of subsection (3), if any other circumstances arise that, if he or she were not a Senator, would cause him or her to be disqualified to be appointed as such by virtue of section 26(1) or by virtue of any law enacted in pursuance of section 26(2) or 26(4); or
(e) if the Governor General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed under section 24(2)(a) or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed under section 24(2)(b) or in his or her own deliberate judgment after such consultation as is specified in section 24(2)(c) in the case of a Senator appointed under that paragraph, declares the seat of that Senator to be vacant.
(3)
(a) If any circumstances such as are referred to in subsection (2)(d) arise because any Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if 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 or she shall cease to perform his or her functions as a member of the Senate but, subject to the provisions of this section, he or she shall not vacate his or her seat until the expiration of a period of 30 days thereafter:
Provided that the President may, at the request of the Senator, from time to time, extend that period for further periods of 30 days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval, signified by resolution, of the Senate.
(b) If on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, 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 or she shall vacate his or her seat.
(c) If at any time before the Senator vacates his or her seat such circumstances as aforesaid cease to exist, his or her seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he or she may resume the performance of his or her functions as a member of the Senate.
28. Inability
(1) If the Governor General considers that a Senator is, by reason of his or her illness or absence from Saint Lucia, unable to perform his or her functions as a member of the Senate the Governor General may—
(a) declare that that Senator is so unable; and
(b) appoint a person to be a Senator for the period of that Senator’s inability to perform his or her functions.
(2) A Senator who has been declared, in accordance with the provisions of subsection (1), to be unable to perform his or her functions as a member of the Senate shall not take part in the proceedings of the Senate until he or she is declared by the Governor General again to be able to perform those functions.
(3) Without prejudice to the provisions of section 27 a Senator appointed under this section shall vacate his or her seat in the Senate when the Senator on account of whose inability to perform his or her functions he or she was appointed is again declared to be able to perform his or her functions or if that Senator vacates his or her seat.
(4) In the exercise of the powers conferred on him or her by this section the Governor General shall act—
(a) in accordance with the advice of the Prime Minister in relation to a Senator appointed in pursuance of section 24(2)(a);
(b) in accordance with the advice of the Leader of the Opposition in relation to a Senator appointed in pursuance of section 24(2)(b); and
(c) in his or her own deliberate judgment after such consultation as is specified in section 24(2)(c) in relation to a Senator appointed in pursuance of section 24(2)(c).
29. President and Deputy President
(1) When the Senate first meets after any dissolution of Parliament and before it proceeds to the despatch of any other business, it shall elect a Senator, not being a Minister or a Parliamentary Secretary, to be President of the Senate; and whenever the office of President is vacant otherwise than by reason of a dissolution of Parliament, the Senate shall, not later than its second sitting after the vacancy has arisen, elect another Senator to fill that office.
(2) When the Senate first meets after any dissolution of Parliament, it shall, as soon as practicable, elect a Senator, not being a Minister or a Parliamentary Secretary, to be Deputy President of the Senate; and whenever the office of Deputy President becomes vacant, the Senate shall, as soon as convenient, elect another Senator to fill that office.
(3) A person shall vacate the office of President or Deputy President—
(a) if he or she ceases to be a Senator: provided that, the President shall not vacate his or her office by reason only that he or she has ceased to be a Senator on a dissolution of Parliament until the Senate first meets after that dissolution;
(b) if he or she is appointed to be a Minister or a Parliamentary Secretary; or
(c) in the case of the Deputy President, if he or she is elected to be President.
(4)
(a) If, by virtue of section 27(3)(a), the President or Deputy President is required to cease to perform his or her functions as a member of the Senate he or she shall also cease to perform his or her functions as President or Deputy President, as the case may be, and those functions shall, until he or she vacates his or her seat in the Senate or resumes the performance of the functions of his or her office, be performed—
(i) in the case of the President, by the Deputy President or, if the office of Deputy President is vacant or the Deputy President is required to cease to perform his or her functions as a member of the Senate by virtue of section 27(3), by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose,
(ii) in the case of the Deputy President, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose.
(b) If the President or Deputy President resumes the performance of his or her functions as a member of the Senate, in accordance with the provisions of section 27(3)(c), he or she shall also resume the performance of his or her functions as President or Deputy President, as the case may be.
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The House of Assembly
30. Composition
(1) The House shall consist of such number of members as corresponds with the number of constituencies established in accordance with the provisions of section 58, who shall be elected in accordance with the provisions of section 33.
(2) If a person who is not a member of the House is elected to be Speaker he or she shall, by virtue of holding the office of Speaker, be a member of the House.
(3) At any time when the office of Attorney General is a public office, the Attorney General shall, by virtue of holding or acting in that office, be a member of the House.
31. Qualifications for election
Subject to the provisions of section 32, a person shall be qualified to be elected as a member of the House if, and shall not be so qualified unless, he or she—
(a) is a citizen of the age of 21 years or upwards;
(b) was born in Saint Lucia and is domiciled and resident there at the date of his or her nomination or, having been born elsewhere, has resided there for a period of 12 months immediately before that date; and
(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him or her to take an active part in the proceedings of the House.
32. Disqualifications for election
(1) A person shall not be qualified to be elected as a member of the House (hereinafter in this section referred to as a member) if he or she—
(a) is by virtue of his or her own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
(b) is a minister of religion;
(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;
(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any such law;
(e) is under sentence of death imposed on him or her by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him or her by such a court or substituted by competent authority for some other sentence imposed on him or her by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; or
(f) subject to such exceptions and limitations as may be prescribed by Parliament, has an interest in any government contract.
(2) If it is so provided by Parliament, a person shall not be qualified to be elected as a member if he or she holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of members or the compilation of any register of voters for the purpose of electing members.
(3) If it is so provided by Parliament, a person who is convicted by any court of law of any offence that is prescribed by Parliament and that is connected with the election of members or who is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding 7 years) following his or her conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected as a member.
(4) A person shall not be qualified to be elected as a member if he or she is a Senator.
(5) If it is so provided by Parliament and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be elected as a member if—
(a) he or she holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment);
(b) he or she belongs to any of the armed forces of Saint Lucia or to any class of person that is comprised in any such force;
(c) he or she belongs to any police force or to any class of person that is comprised in any such force; or
(d) he or she has, within such period (not exceeding 3 years) as Parliament may prescribe, held or acted in any office or appointment the tenure of which would, by virtue of any provision made under this subsection, disqualify him or her for election as a member, being an office or appointment the emoluments of which exceed such amount as Parliament may prescribe.
(6) In subsection (1)—
“government contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;
“minister of religion” means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship.
(7) For the purposes of subsection (1)(e)—
(a) 2 or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds 12 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.
33. Elections
(1) Each of the constituencies established in accordance with the provisions of section 58 shall return one member to the House who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.
(2)
(a) Every Commonwealth citizen of the prescribed age who possesses such qualifications relating to residence or domicile in Saint Lucia as Parliament may prescribe shall, unless he or she is disqualified by Parliament from registration as a voter for the purpose of electing members of the House, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf, and no other person may be so registered.
(b) Every person who is registered as aforesaid in any constituency shall, unless he or she is disqualified by Parliament from voting in that constituency in any election of members of the House, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
(c) For the purposes of this subsection the prescribed age shall be the age of 21 years or such lower age, not being less than 18 years, as Parliament may prescribe.
(3) In any election of members of the House the votes shall be given by ballot in such manner as not to disclose how any particular person votes.
34. Tenure of office
(1) A member of the House (hereinafter in this section referred to as a member) shall vacate his or her seat in the House at the next dissolution of Parliament after his or her election.
(2) A member shall also vacate his or her seat in the House—
(a) if he or she 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;
(b) if he or she ceases to be a citizen; or
(c) subject to the provisions of subsection (3), if any other circumstances arise that, if he or she were not a member, would cause him or her to be disqualified to be elected as such by virtue of section 32(1) or of any law enacted in pursuance of section 32(2), 32(3) or 32(5).
(3)
(a) If any circumstances such as are referred to in of subsection (2)(c) arise because any member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave), he or she shall cease to perform his or her functions as a member but, subject to the provisions of this section, he or she shall not vacate his or her seat until the expiration of a period of 30 days thereafter:
Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of 30 days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval, signified by resolution, of the House.
(b) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, 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 member to appeal, he or she shall vacate his or her seat.
(c) If at any time before the member vacates his or her seat such circumstances aforesaid cease to exist, his or her seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he or she may resume the performance of his or her functions as a member.
(4) References in this section to a member do not include references to a Speaker who was elected from among persons who were not members of the House.
35. Speaker
(1) When the House first meets after any general election of members and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker; 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 who are not members of the Cabinet or Parliamentary Secretaries or from among persons who are not members of the House:
Provided that a person who is not a member of the House shall not be elected as Speaker if—
(a) he or she is not a Commonwealth citizen; or
(b) he or she is a person disqualified to be elected as a member by virtue of section 32(1) or 32(4) or by virtue or any law enacted in pursuance of section 32(2), 32(3) or 32(5).
(3) No business shall be transacted in the House (other than the election of a Speaker) at any time when the office of Speaker is vacant.
(4) A person shall vacate the office of Speaker—
(a) in the case of a Speaker who was elected from among the members of the House—
(i) if he or she ceases to be a member of the House:
provided that the Speaker shall not vacate his or her office by reason only that he or she ceased to be a member of the House on a dissolution of Parliament, until the House first meets after the dissolution, or
(ii) if he or she becomes a member of the Cabinet or a Parliamentary Secretary;
(b) in the case of a Speaker who was elected from among persons who were not members of the House—
(i) when the House first meets after any dissolution of Parliament,
(ii) if he or she ceases to be a Commonwealth citizen, or
(iii) if any circumstances arise that would cause him or her to be disqualified to be elected as a member by virtue of section 32(1) or 32(4) or by virtue of any law enacted in pursuance of section 32(2), 32(3) or 32(5).
(5) If, by virtue of section 34(3), the Speaker (being an elected member of the House) is required to cease to perform his or her functions as a member of the House he or she shall also cease to perform his or her functions as Speaker; and if the Speaker resumes the performance of his or her functions as a member of the House, in accordance with the provisions of that section, he or she shall also resume the performance of his or her functions as Speaker.
(6) At any time when, by virtue of section 34(3), the Speaker is unable to perform the functions of his or her office, those functions shall, until he or she vacates his or her seat in the House or resumes the performance of the functions of his or her office, be performed by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his or her functions as a member of the House by virtue of that subsection, by such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.
36. Deputy Speaker
(1) When the House first meets after any general election of members 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 member of the Cabinet 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 convenient, elect another member of the House to that office.
(2) A person shall vacate the office of Deputy Speaker—
(a) if he or she ceases to be a member of the House;
(b) if he or she becomes a member of the Cabinet or a Parliamentary Secretary; or
(c) if he or she is elected to be Speaker.
(3) If, by virtue of section 34(3), the Deputy Speaker is required to cease to perform his or her functions as a member of the House he or she shall also cease to perform his or her functions as Deputy Speaker and if the Deputy Speaker resumes the performance of his or her functions as a member of the House, in accordance with the provisions of that section, he or she shall also resume the performance of his or her functions as Deputy Speaker.
(4) At any time when, by virtue of section 34(3), the Deputy Speaker is unable to perform the functions of his or her office, those functions shall, until he or she vacates his or her seat in the House or resumes the performance of the functions of his or her office, be performed by such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.
37. Responsibility for elections
(1) The Electoral Commission shall be responsible for the registration of voters for the purpose of electing members of the House and for the conduct of elections of members of the House and shall have such powers and other functions relating to such registration and elections as may be prescribed by law.
(2) In the discharge of its functions the Electoral Commission shall be assisted by a Chief Elections Officer, whose office shall be a public office, and the Commission may give such directions as it considers necessary or expedient to the Officer, who shall comply with such directions or cause them to be complied with.
(3) For the purposes of the exercise of his or her functions under subsection (2), the Chief Elections Officer may give such directions as he or she considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his or her functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions.
(4) The Electoral Commission may make such reports to the Governor General concerning the matters for which it is responsible under this section or any draft bill or instrument that is referred to it under section 52, as it may think fit and if the Commission so requests in any such report other than a report on a draft bill or instrument that report shall be laid before the House.
(5) Without prejudice to the provisions of subsection (2), in the exercise of his or her functions under this section the Chief Elections Officer shall not be subject to the direction or control of any other person or authority.
(6) The question whether the Chief Elections Officer has acted in accordance with the directions of the Electoral Commission shall not be enquired into in any court of law.
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General provisions
38. Clerks of Senate and House of Assembly and their staff
(1) There shall be a Clerk of the Senate and a Clerk of the House:
Provided that the offices of Clerk of the Senate and Clerk of the House may be held by the same person.
(2) Subject to the provisions of any law enacted by Parliament the offices of Clerk of the Senate and Clerk of the House and the members of their staff shall be public offices.
39. Determination of questions of membership
(1) The High Court shall have jurisdiction to hear and determine any question whether—
(a) any person has been validly elected as a member of the House;
(b) any person has been validly appointed as a Senator;
(c) any person who has been elected as Speaker from among persons who were not members of the House was qualified to be so elected or has vacated the office of Speaker;
(d) any Senator or any elected member of the House has vacated his or her seat or is required, under the provisions of section 27(3) or 34(3), to cease to perform any of his or her functions as a member of the Senate or of the House.
(2) An application to the High Court for the determination of any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the Attorney General.
(3) An application to the High Court for the determination of any question under subsection (1)(b) or (1)(c) may be made by any registered voter or by the Attorney General.
(4) An application to the High Court for the determination of any question under subsection (1)(d) may be made—
(a) by a registered voter or by the Attorney General; or
(b) in relation to the Senate, by a Senator and in relation to the House, by a member of the House.
(5) If any application is made by a person other than the Attorney General to the High Court for the determination of any question under this section, the Attorney General may intervene and may then appear or be represented in the proceedings.
(6) The circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under this section and the powers, practice and procedure of the High Court in relation to any such application shall be regulated by such provision as may be made by Parliament.
(7) An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining such a question as is referred to in subsection (1).
(8) No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (7) and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1).
(9) In the exercise of his or her functions under this section, the Attorney General shall not be subject to the direction or control of any other person or authority.
(10) In this section “registered voter” means a person registered as a voter in accordance with section 33(2)(a).
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