The Law Association of Trinidad and Tobago (LATT) is calling on Prime Minister Kamla Persad-Bissessar to withdraw what it describes as disparaging remarks against Independent Senators following the Government’s failure to secure their support for proposed legislation.
In a statement, LATT said it was concerned by the Prime Minister’s reported comments, including a vow that the Government would not accept amendments proposed by Independent Senators in the future.
The association said this was not the first occasion on which the Prime Minister had criticised the Independent Bench after her Government failed to secure its support for legislation.
According to LATT, on both occasions the Government refused to entertain amendments proposed by the Independent Senators which, it said, could have secured their support.
LATT also raised concerns about reported comments by a Government Minister and Senator that it was not the intention of the framers of the Constitution for an elected government to have to depend on the votes of members of the Independent Bench to pass legislation.
The association said such a requirement would not be undemocratic, arguing that the Constitution clearly establishes the Senate as part of Parliament and provides for the appointment of Senators who are not aligned with the elected Government.
LATT cited sections 39 and 40 of the Constitution, which establish Parliament as comprising the President, the Senate and the House of Representatives.
It pointed specifically to the composition of the 31-member Senate. Sixteen Senators are appointed by the President on the advice of the Prime Minister, six on the advice of the Leader of the Opposition, while nine are appointed by the President in his or her discretion from among outstanding persons from economic, social and community organisations and other major fields of endeavour.
LATT noted that no member of the Senate is elected through the polls, but said the constitutional framework clearly provides for the participation of the Senate in the legislative process.
The association said the system had been in place since Independence and was the constitutional arrangement under which every elected government had been required to operate.
LATT is now calling on the Prime Minister to withdraw her remarks against Independent Senators.
Pending such action, the association has also called on the President of the Senate to take the necessary steps to ensure that the reputation of the Senate is preserved.
LATT said democracy depended on the Government hearing and considering the views of those who do not sit at the Government table, including members of the Independent Bench.
