This article is mainly concerned with the functioning of
the legislative branch of the Government of Trinidad and
Tobago namely Parliament.
Parliament, generally, has a five (5) year life span. However,
the President on the advice of the Prime Minister may dissolve
Parliament at an earlier date.
Composition of Parliament
Section 39 of the Constitution of Trinidad and Tobago provides
for the composition of Parliament. It states that the Parliament
of the Republic of Trinidad and Tobago must comprise of
the President and the two (2) Houses, the Senate and the
House of Representatives. All three (3) constituent parts
make up the legislative branch of the government, that is,
Parliament.
The President
The President is elected for a period of five (5) years,
by an electoral college consisting of members of both the
Senate and the House of Representatives.
Senate
The Senate is the appointed Upper House of Parliament and
sits in the Red House in Port of Spain. The Senate has thirty
one (31) members appointed by the President. Sixteen (16)
Government Senators are appointed by the President acting
in accordance with the advice of the Prime Minister; six
(6) Opposition Senators are appointed by the President acting
in accordance with the advice of the Leader of the Opposition;
and nine (9) Independent Senators are appointed by the President
in his discretion from outstanding persons from economic,
social or community organisations and other major fields
of endeavour.
Section 41 of the Constitution provides that a person is
qualified for membership in the Senate only if he is a citizen
of Trinidad and Tobago and is at least twenty-five years
old. Section 45 further provides that at the first meeting
of the Senate after a general election, a Senator, who is
neither Minister nor Parliamentary Secretary, must be elected
to be President of the Senate. The current President of
the Senate is Senator the Honourable Dr Linda Baboolal.
The President of the Senate presides over the sittings of
the Senate and acts as Chairman of Committees of the whole
Senate. He or she has the power to interpret the Standing
Orders and to regulate all matters that are not provided
for in the Orders. Additionally, section 27 of the Constitution
permits the President of the Senate to act temporarily as
the President of Trinidad and Tobago where the office is
vacant or when the President is incapable of performing
his functions by reason of his absence from Trinidad and
Tobago or illness.
Bills or legislative proposals can first be introduced either
in the Senate or the House of Representatives. Ideally,
the Senate seeks to represent the views and interests of
those elements of society which may be insufficiently reflected
in the composition of the elected House.
House of Representatives
The House of Representatives is the elected Lower House
of Parliament and also sits in the Red House in Port of
Spain. The House of Representatives consists of forty one
(41) members who are elected representatives of the constituencies
in Trinidad and Tobago for a five (5) year period.
Section 47 of the Constitution states that a person must
be a citizen of Trinidad and Tobago of at least eighteen
years of age and has resided in Trinidad and Tobago for
a period of two (2) years immediately before the date of
his or her nomination for election or is domiciled and resident
in Trinidad and Tobago at that date in order to be elected
as a member of the House of Representatives.
Section 50 of the Constitution provides that at the first
meeting of the House of Representatives after a general
election and before it proceeds to the dispatch of any other
business, a person must be elected to be the Speaker of
the House from among members of the House who are not Ministers
or Parliamentary Secretaries. Persons who are not members
of either the House of Representatives or the Senate may
also be selected provided that he or she is a citizen of
Trinidad and Tobago and is not disqualified for election
as a member of the House of Representatives.
The Speaker presides over each sitting of the House and
acts as Chairman of Committees of the House and is also
responsible for the management and general administration
of the House. He or she interprets Standing Orders and practices
of the House, deals with points of order and gives rulings
when called upon. The Speaker is sometimes referred to as
the guardian of the privileges of the Members of the House
of Representatives.
Safiya Charles and Westmin James
This article sets out general guidelines. All rules have
exceptions and variations. How the law applies to you depends
on the facts of your case.
This column is an initiative of the Trinidad Guardian and
the Law Association with assistance from students of the
Hugh Wooding Law School.
