Senator to continue to serve despite long absences

Despite a call for her seat to be vacated Lucille Moe will continue to serve as a senator.

This was disclosed today by President of the Senate Reginald Farley who said the request by Opposition Senator Caswell Franklyn for Moe’s seat to be vacated was denied as there had been no breach of the Constitution.

Franklyn had made the demand back in August following Moe’s lengthy absence from the Upper Chamber.

At the time he said she had not been in the Senate since December 2020, which he claimed was in contravention of the Constitution.

However, during today’s brief sitting Farley said he had received a report from Clerk of Parliament Pedro Eastmond, which stated otherwise.

“On a sitting of the Senate on August 18, 2021, Senator Franklyn drew attention to the President that Senator Lucille Moe had not been seen since December in the Senate and thus in his opinion and according to Section 39 (1) of the Constitution her seat should be declared vacant,” Farley read.

According to the Constitution, a Senator’s seat is allowed to be declared vacant if he is absent from Barbados for a period exceeding 40 days at any time when the Senate is sitting.

The president, however, can grant leave to any Senator for any period not exceeding six months at any one time.

Farley said the records indicated Senator Moe was not out of the island for more than 40 days.

He revealed the records showed Moe attended a sitting of the Senate on December 18, 2020, which was the last sitting before it went on annual recess and resumed on January 12, 2021.

Farley explained that days when the Senate is on recess are not to be taken into calculation.

“Our information is that Senator Lucille Moe was in Barbados on January 5, February 20 to 21, May 16 to 20, 2021. These dates are also important as the Constitution references absence from Barbados.

“When the periods are taken together, that is when the Senate was on recess and when Senator Moe was in Barbados during the period the Senate was sitting, the limit of 40 days was not reached, Further the House of Assembly went on its usual break after the Estimates and returned on April 23, 2021. So when the Senate met for Estimates on March 24, it thereafter had gone into recess as well,” Farley said.

He said Senator Moe had applied for leave on May 19, 2021 and leave was granted for three months expiring August 18, 2021.

Farley gave the assurance that on every occasion Senator Moe was not able to attend Senate her absence was communicated to the clerk and to him.

The president thanked Senator Franklyn for raising the matter and told him the laws which govern the Senate would be upheld.

Speaking to Barbados TODAY this afternoon, Senator Franklyn said the ruling did not come as a surprise to him.

He maintained that Senator Moe was selected to do a duty and should have been present at the Senate to do “the work of the people”.

“I was made aware that she was living and working overseas. I can’t dispute when she was here and when she wasn’t here. The problem is she should have been in the Senate when the Senate met and if she could not do that then she should have resigned,” the outspoken trade unionist said.

“You don’t hold a seat in the Senate because you want to travel and work. If she was in Barbados she should have been here.”

Senator Franklyn said he could not remember the president of the Senate announcing at any time that Senator Moe had been granted leave.

In her return to the Senate on September 9, Senator Moe lamented the fact that no arrangement had been made for persons to work remotely.

She complained it had been granted to Members of Parliament but not for Senators. (randybennett@barbadostoday.bb)