Opposition Senator: Parliament, not PM, passes laws

Government is facing yet another lawsuit in relation to its COVID-19 directives.

Fed-up with what he described as “unlawful” actions by the Mia Mottley-led administration, Opposition Senator Caswell Franklyn is headed to the High Court tomorrow to challenge the manner in which the legislation crafted by Government to control the spread of COVID-19 on the island was imposed.

Under the current Emergency Management (COVID-19) (Curfew) (No.4) directive, a fine of $50,000 or one year imprisonment, or both, may be imposed on anyone who fails to comply with the terms and conditions of the ongoing curfew.

“Only a court in Barbados can rule them to be illegal. I am filing the case tomorrow because I am taking the Government to court. I can’t allow this Government to continue to break the law and flout the law and do as it likes. I have to get it adjudicated one way or the other,” Franklyn told Barbados TODAY in a telephone interview.

“I’m taking them to court on the COVID-19 directives. They have not been done in accordance with the laws of Barbados. The Prime Minister has no authority under the Constitution of Barbados or any other laws for that matter…the Prime Minister cannot make laws by herself.

“Any minister who has the power to make a statement must bring a statutory instrument before the House for the House to approve it because only the House can pass laws. So even if the minister makes the law it is only valid after the House approves it and the House has not approved any such directive so far.

“We as parliamentarians should have a say in these regulations. They are not legally on the books as far as I am concerned and I am willing to put my money where my mouth is. I actually have a lawyer drafting and I think by tomorrow we should be filing in court,” the outspoken trade unionist added.

It will be the second lawsuit filed against Government in five days.

Last Friday shopkeeper Benson Straker disclosed he was suing Attorney General Dale Marshall and Commissioner of Police Tyrone Griffith for acting unlawfully and beyond their legal power of authority with respect to measures implemented following the amendment of the Emergency Management (Amendment) Act, 2020.

Franklyn said while he had no issues with Government trying its best to contain the spread of COVID-19, he maintained there was a right way to do it.

In fact, the outspoken senator and trade unionist said the matter was of such importance to him he was willing to go as far as the Caribbean Court of Justice (CCJ) if necessary.

“I’m not saying that the directives do not have a purpose or that they shouldn’t be done, but if you’re going to do it, do it right.

“I want the courts of Barbados, and if the High Court doesn’t do anything about it the Court of Appeal will and if the Court of Appeal doesn’t then I’m going to the Caribbean Court of Justice. This Government has to follow the law,” the Opposition Senator insisted.

“I don’t have the money but I will find it because I believe this is important enough and I am willing to put what little bit I have to get the case put forward because it is too important…and the people in Barbados are seeing nothing wrong with it.”

Franklyn said he was surprised no magistrate had spoken on the legality of the directives to date.
(randybennett@barbadostoday.bb)