Attorney cautions against tinkering with Constitution for ‘narrow’ matters

Prominent attorney-at-law Tricia Watson on Friday urged the powers that be to hold the Barbados Constitution in high regard as she insisted that changes to it should be made in “a circumspect fashion.”

She gave that caution as she weighed in on ongoing debate surrounding Prime Minister Mia Mottley’s declared intentions to make constitutional changes to allow 18-year-old Khaleel Kothdiwala to become the country’s youngest Senator.

Speaking on Voice of Barbados’ Down to Brass Tacks, Watson, who is specially versed on constitutional matters, made it clear she had no issue with Kothdiwala being named for the position or the Prime Minister’s decision to invite him to join Government Senators in the Upper Chamber

However, she questioned the rush to make the constitutional amendment to accommodate his appointment, particularly since it had no bearing on the country’s governance.

The attorney also pointed out that consultations on constitutional reform as part of the island’s new public status were imminent and the issue could be dealt with then.

“While I think we need to have a youth voice, I don’t think that there is that much difference between the perspective of an 18-year-old youth and a 21-year-old youth. I think that changes to the Constitution have to be made in a circumspect fashion. I am always uncomfortable when we purport to make a change to our Constitution which is done for narrow…not urgent matters.

“And so, I think any amendments that we want to make in that regard ought to be part and parcel of a fulsome and overall constitutional reform activity. We understood that that would happen in January of 2022…. and so I don’t see the urgency, I don’t see the need for changing the Constitution for this purpose. If it was an issue related to the governance of the country or at the heart of some constitutional issue, I would say ‘then alright’, but I do not view it in that way,” she said, contending that the Constitution must be treated with more regard and care.

She also concurred with Queen’s Counsel Garth Patterson that the Constitution does not give the Prime Minister the authority to offer the Democratic Labour Party (DLP) two Senate seats in the absence of an Opposition Leader.

Watson said on this basis, she found no fault in the response by interim DLP President Steve Blackett that the offer was not made within the “four corners of the law”.

“I think the DLP is right in saying that ‘we can’t participate in something that goes against the rule of law and goes against the Constitution’. The irony is we are talking about filling a position that is there to uphold the Constitution and so you can’t start wrong and then expect that you can hold the people in those position to observe and respect that Constitution, and so we have to give the President the space, the room, the opportunity to perform her role,” she said. (SD)