Anti-defection bill threatens MPs’ independence – Yearwood

UWI legal scholar Dr Ronnie Yearwood warned on Thursday that the proposed constitutional amendment to prevent MPs from defecting to the opposition is a “dangerous” move that gives leaders too much control and threatens the independence of Members of Parliament (MPs).

While many agree that MPs should not “cross the floor” to join another party after being elected, according to Dr Yearwood, the prime minister has added “extra” rules that turn political parties into powerful arms of the government.

Under the amendment, an MP triggers a vacancy in the seat and a by-election not just if they join a new party, but also if they are expelled from their party or if they resign on their own.

“The trigger for a by-election would normally just be the crossing,” Yearwood explained. “What this bill does, it does more than that… it brings the political party into the heart of the Constitution, where there is no definition of the political party in the Constitution or elsewhere legally.”

Dr Yearwood warned that these new rules give party leaders — especially the prime minister — massive power over elected officials.  

“It gives the political party and the party leader… more power and control over the political party and over the State apparatus,” Yearwood stated. “You could get out there and speak against your party on a particular principle… and someone could use that as grounds to expel you. If you’re expelled, then that’s a trigger for a by-election.”

The senior lecturer pointed out a major contradiction: the law says your seat depends on your party, but the Constitution still says voters elect individuals, not parties.  

“This bill is trying to have its cake and eat it, too,” Yearwood remarked. He argued that if the government wants to make parties a legal part of the system, it needs to pass a whole set of laws to regulate how those parties are funded and run, rather than just grabbing power.

Dr Yearwood described the move as a “land grab” by a government that already holds all 30 seats in Parliament.  

“Your instinct, your first action [as a new government] is to amend the Constitution to stop somebody from crossing because you don’t want somebody to cross,” he said. “Not cost of living, not constitutional reform… None of the things that generally you’ll be hearing from the people.”

The law lecturer is most worried that this law will make it impossible for any MP to sit in the House of Assembly as an independent. He noted that if an MP quits their party because of a disagreement — like  Owen Arthur did in 2014 — they would now automatically lose their seat and face a new election against the “party machine”.  

“It makes them an extinct species,” Dr Yearwood said. “You are making our democracy driven by the political party rather than driven by the people.”

The Constitutional Amendment Bill now goes to the Senate. Dr Yearwood stressed that because the provision changes the Constitution, the government needs a two-thirds majority to pass it. Since the President of the Senate cannot vote, the government will likely need at least three independent senators to say “yes”.  

“It’s going to come down the line,” Dr Yearwood said, adding that this level of party control is something the original framers of the Constitution never expected.