AG’s statement on court ruling that Senate is properly constituted

Attorney General Dale Marshall has welcomed Monday’s court ruling which deems that the Senate  is properly constituted and can meet. 

Former Attorney General Adriel Brathwaite QC had asked the court to quash the decision of President Sandra Mason to convene the Senate since only 18 of the 21 senators have been installed. 

Below is the full text of the statement:

I am delighted, not only at the outcome of the case, which saw Madame Justice Chase ruling in favor of the Government on every issue, but also at the fact that a mere five (5) weeks after this case was brought against the Government by Adriel Brathwaite, the Court has been able to bring resolution to its most critical elements.

We had contended from the very outset that the Senate was properly constituted, but a pillar of our democracy is the right of every citizen to test the decisions of Government in the High Court. We have more than ably met that challenge brought by Mr. Brathwaite, a former Attorney General, and this decision clears the way for the work of the Senate to begin in this Parliamentary term.  There are several new Senators who are chomping at the bit to participate in national debate through the work of the Senate, and are now free to do so without pending court proceedings clouding the integrity of the sittings of that Upper House.

While there was never any impediment to the Senate doing its work, understandably there are some who felt discomfort at the prospect of the Senate meeting at a time when its’ very ability to meet and its legitimacy was being challenged in our High Court.  This is now behind us and the business of government must continue.

Let me thank the Government’s legal team, which came together in a very short space of time and which grappled with the many complex legal issues raised by the case, including thousands of pages of legal materials, and dealt with them comprehensively.

Dale D. Marshall QC, MP

Attorney General and Minister of Legal Affairs

2022-03-14