Government of Saint Lucia - Constitution of Saint Lucia

(2) Subject to the provisions of this Constitution, the executive authority of Saint Lucia may be exercised on behalf of Her Majesty by the Governor General either directly or through officers subordinate to him or her.

(3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the Governor General.

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60. Ministers of the Government

(1) There shall be a Prime Minister of Saint Lucia who shall be appointed by the Governor General.

(2) Whenever the Governor General has occasion to appoint a Prime Minister he or she shall appoint a member of the House who appears to him or her likely to command the support of the majority of the members of the House.

(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government as may be established by Parliament or, subject to the provisions of any law enacted by Parliament, by the Governor General, acting in accordance with the advice of the Prime Minister.

(4) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Governor General, acting in accordance with the advice of the Prime Minister, from among the Senators and the members of the House.

(5) If occasion arises for making an appointment to the office of Prime Minister or any other Minister while Parliament is dissolved, then, notwithstanding the provisions of subsections (2) and (4), a person who was a member of the House immediately before the dissolution may be appointed as Prime Minister or any other Minister and a person who was a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minister.

(6) The Governor General shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the House and the Prime Minister does not within 3 days either resign from his or her office or advise the Governor General to dissolve Parliament.

(7) If, at any time between the holding of a general election of members of the House and the first meeting of the House thereafter, the Governor General considers that in consequence of changes in the membership of the House resulting from that election the Prime Minister will not be able to command the support of the majority of the members of the House the Governor General may remove the Prime Minister from office.

(8) The office of any Minister shall become vacant—

(a) if the holder of the office ceases to be a Senator or a member of the House otherwise than by reason of the dissolution of Parliament;

(b) in the case of the Prime Minister, if, when the House first meets after the dissolution of Parliament, he or she is not then a member of the House;

(c) in the case of any other Minister, if, when the House first meets after the dissolution of Parliament, he or she is not then a Senator or a member of the House; or

(d) if, by virtue of section 27(3) or 34(3), he or she is required to cease to perform his or her functions as a Senator or a member of the House.

(9) The office of a Minister other than the Prime Minister shall become vacant—

(a) if the Governor General, acting in accordance with the advice of the Prime Minister, so directs;

(b) if the Prime Minister resigns from office within 3 days after a resolution of no confidence in the Government has been passed by the House or is removed from office under subsection (6); or

(10) In the exercise of the powers conferred upon him or her by subsections (2), (5) and (7) the Governor General shall act in his or her own deliberate judgment.

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61. Cabinet of Ministers

(1) There shall be a Cabinet of Ministers for Saint Lucia which shall consist of the Prime Minister and the other Ministers.

(2) 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 Cabinet in addition to the Ministers.

(3) The functions of the Cabinet shall be to advise the Governor General in the government of Saint Lucia and the Cabinet shall be collectively responsible to Parliament for any advice given to the Governor General by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his or her office.

(4) The provisions of subsection (3) shall not apply in relation to—

(a) the appointment and removal from office of Ministers and Parliamentary Secretaries, the assignment of responsibility to any Minister under section 62, or the authorisation of another Minister to perform the functions of the Prime Minister during absence or illness;

(b) the dissolution of Parliament; or

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62. Allocation of portfolios to Ministers

The Governor General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister or any other Minister responsibility for any business of the Government, including the administration of any department of government:

Provided that responsibility for finance shall be assigned to a Minister who is a member of the House.

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63. Performance of functions of Ministers during absence or illness

(1) Whenever the Prime Minister is absent from Saint Lucia or by reason of illness is unable to perform the functions conferred upon him or her by this Constitution, the Governor General may authorise some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his or her authority is revoked by the Governor General.

(2) Whenever a Minister other than the Prime Minister is absent from Saint Lucia or is within Saint Lucia but by leave of the Governor General is not performing the functions of his or her office or by reason of illness is unable to perform those functions, the Governor General may authorize some other Minister to perform those functions or may appoint a Senator or a member of the House to be a temporary Minister in order to perform those functions; and that Minister may perform those functions until his or her authority or, as the case may be, his or her appointment is revoked by the Governor General or he or she vacates office as a Minister under section 60(8) or 60(9).

(3) The powers of the Governor General under this section shall be exercised by him or her in accordance with the advice of the Prime Minister:

Provided that if the Governor General, acting in his or her own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his or her absence or illness he or she may exercise those powers without that advice and in his or her own deliberate judgment.

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64. EXERCISE of Governor General’s functions

(1) In the exercise of his or her functions the Governor General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where he or she is required by this Constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet:

Provided that the foregoing provisions of this subsection shall not apply where the Governor General is authorised to act in his or her own deliberate judgment in accordance with the following provisions of this Constitution—

(a) section 57 (which relates to the Constituency Boundaries Commission and the Electoral Commission);

(b) sections 60 and 63 (which relate to Ministers);

(d) section 86 (which relates to the appointment, etc., of public officers);

(e) section 88 (which relates to the Chief Elections Officer); and

(f) section 95 (which relates to the Public Service Board of Appeal).

(2) During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this Constitution and willing to accept appointment, or if the Governor General, acting in his or her own deliberate judgment, considers that it is not practicable for him or her to obtain the advice of the Leader of the Opposition within the time within which it may be necessary for him or her to act, he or she may act without that advice and in his or her own deliberate judgment in the exercise of any power conferred upon him or her by this Constitution in respect of which it is provided that he or she shall act on the advice of, or after consultation with, the Leader of the Opposition.

(3) Nothing in subsection (1) shall require the Governor General to act in accordance with the advice of the Cabinet or a Minister in exercise of the functions conferred upon him or her by the following provisions of this Constitution—

(a) the paragraph to section 55(4) (which requires the Governor General to dissolve Parliament in certain circumstances);

(b) section 60(6) (which requires the Governor General to remove the Prime Minister from office in certain circumstances);

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(d) sections 57(7), 67(5), 85(6), 88(7), 89(8), 90(7), 92(6), 95(5), 110(7) and 118(8) (which require the Governor General to remove the holders of certain offices from office in certain circumstances).

65. Governor General to be informed concerning matters of government

The Prime Minister shall keep the Governor General fully informed concerning the general conduct of the government of Saint Lucia and shall furnish the Governor General with such information as he or she may request with respect to any particular matter relating to the government of Saint Lucia.

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66. Oaths to be taken by Ministers, etc

A Minister or a Parliamentary Secretary shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy.

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67. Leader of the Opposition

(1) There shall (except at times when there are no members of the House who do not support the Government) be a Leader of the Opposition who shall be appointed by the Governor General.

(2) Whenever there is occasion for the appointment of a Leader of the Opposition the Governor General shall appoint the member of the House who appears to him or her most likely to command the support of a majority of the members of the House who do not support the Government: or, if no member of the House appears to him or her to command such support, the member of the House who appears to him or her to command the support of the largest single group of members of the House who do not support the Government.

(3) If occasion arises to appoint a Leader of the Opposition during the period between a dissolution of Parliament and the day on which the ensuing election of members of the House is held, an appointment may be made as if Parliament had not been dissolved.

(4) The office of Leader of the Opposition shall become vacant—

(a) if he or she ceases to be a member of the House otherwise than by reason of a dissolution of Parliament;

(b) if, when the House first meets after a dissolution of Parliament, he or she is not then a member of the House;

(c) if, under the provisions of section 34(3), he or she is required to cease to perform his or her functions as a member of the House; or

(d) if he or she is removed from office by the Governor General under the provisions of subsection (5).

(5) If it appears to the Governor General that the Leader of the Opposition is no longer able to command the support of a majority of the members of the House who do not support the Government or (if no member of the House appears to him or her to be able to command such support) the support of the largest single group of members of the House who do not support the Government, he or she shall remove the Leader of the Opposition from office.

(6) The powers of the Governor General under this section shall be exercised by him or her in his or her own deliberate judgment.

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68. Parliamentary Secretaries

(1) The Governor General, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the Senators and the members of the House to assist Ministers in the performance of their duties:

Provided that if occasion arises for making an appointment while Parliament is dissolved, a person who was a Senator or a member of the House immediately before the dissolution may be appointed as a Parliamentary Secretary.

(2) The office of a Parliamentary Secretary shall become vacant—

(a) if the Governor General, acting in accordance with the advice of the Prime Minister, so directs;

(b) if the Prime Minister resigns from office within 3 days after a resolution of no confidence in the Government has been passed by the House or is removed from office under section 60(7);

(d) if the holder of the office ceases to be a Senator or a member of the House otherwise than by reason of a dissolution of Parliament;

(e) if, when the House first meets after the dissolution of Parliament, he or she is not then a Senator or a member of the House; or

(f) if, by virtue of section 27(3) or 34(3), he or she is required to cease to perform his or her functions as a member of the Senate or a member of the House.

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69. Permanent Secretaries

Where any Minister has been charged with responsibility for any department of government, he or she shall exercise general direction and control over that department; and, subject to such direction and control, every department of government shall be under the supervision of a public officer whose office is referred to in this Constitution as the office of a permanent secretary:

Provided that 2 or more government departments may be placed under the supervision of one permanent secretary.

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70. Secretary to the Cabinet

(1) There shall be a Secretary to the Cabinet whose office shall be a public office.

(2) The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible, in accordance with such instructions as may be given to him or her by the Prime Minister, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may direct.

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71. Constitution of offices, etc

Subject to the provisions of this Constitution and of any other law, the Governor General may constitute offices for Saint Lucia, make appointments to any such office and terminate any such appointment.

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72. Attorney General

(1) There shall be an Attorney General who shall be the principal legal adviser to the Government.

(2) The office of Attorney General shall be either a public office or the office of a Minister.

(3) At any time when the office of Attorney General is a public office the same person may, if qualified, be appointed to hold or act in the office of Attorney General and the office of Director of Public Prosecutions.

(4) Where the offices of Attorney General and Director of Public Prosecutions are held by the same person the following provisions of this Constitution shall have effect as if references therein to the Director included references to the Attorney General, that is to say, sections 87, 89(5), 89(6), 89(7), 89(8), 89(9), 89(10), 98(3) and 124(8)(a); but the provisions of this subsection shall be without prejudice to the powers of Parliament or, subject to the provisions of any law enacted by Parliament, the Governor General to determine that the office of Attorney General shall be the office of a Minister.

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73. Control of public prosecutions

(1) There shall be a Director of Public Prosecutions whose office shall be a public office.

(2) The Director of Public Prosecutions shall have power in any case in which he or she considers it desirable so to do—

(a) to institute and undertake criminal proceedings against any person before any court of law (other than a court-martial) in respect of any offence alleged to have been committed by that person;

(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or herself or any other person or authority.

(3) The powers of the Director of Public Prosecutions under subsection (2) may be exercised by him or her in person or through other persons acting under and in accordance with his or her general or special instructions.

(4) The powers conferred on the Director of Public Prosecutions by subsections (2)(b) and (2)(c) shall be vested in him or her to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(5) For the purposes of this section any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including Her Majesty in Council) shall be deemed to be part of those proceedings:

Provided that the power conferred on the Director of Public Prosecutions by subsection (2)(c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(6) In the exercise of the powers vested in him or her by subsection (2) and section 46, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.

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74. Prerogative of mercy

(1) The Governor General may—

(a) grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(d) remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Crown on account of any offence.

(2) The powers of the Governor General under subsection (1) shall be exercised by him or her in accordance with the advice of the Committee established by section 75.

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75. Committee on Prerogative of mercy

(1) There shall be a Committee on the Prerogative of Mercy which shall consist of—

(a) such Minister as may be designated by the Governor General, who shall be chairperson;

(b) the Attorney General;

(d) not more than 3 other members appointed by the Governor General, by instrument in writing under his or her hand.

(2) A member of the Committee appointed under subsection (1)(d) shall hold his or her seat thereon for such period as may be specified in the instrument by which he or she was appointed:

Provided that his or her seat shall become vacant—

(a) in the case of a person who at the date of his or her appointment was a Minister, if he or she ceases to be a Minister; or

(b) if the Governor General, by instrument in writing under his or her hand, so directs.

(3) The Committee may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.

(4) The Committee may regulate its own procedure.

(5) In the exercise of his or her functions under this section, the Governor General shall act in accordance with the advice of the Prime Minister.

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76. Procedure in capital cases

Where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the Minister designated under section 75(1) shall cause a written report of the case from the trial judge (or the Chief Justice, if a report from the trial judge cannot be obtained), together with such other information derived from the record of the case or elsewhere as he or she may require, to be taken into consideration at a meeting of the Committee on the Prerogative of Mercy, so that the Committee may advise the Governor General whether to exercise any of his or her powers under section 74(1).

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