Political scientist suggests Prime Minister should not be handpicking people for key roles including Attorney General

The President of Barbados should be the one to select independent, qualified individuals to fill the roles of Attorney General, Speaker and Deputy Speaker of the House of Assembly.
This suggestion has come from political scientist Devaron Bruce who said that the current method of appointing these key actors in Parliament arguably and unnecessarily subjects the appointees to partisan political influence.
Delivering the Democratic Labour Party’s (DLP) Astor B Watts Lunchtime Lecture on Friday, Bruce said the Attorney General should be an independent and impartial guardian of the rule of law.
However, Bruce indicated that the Prime Minister’s selection of the AG exposes the office to partisan political influence that could undermine independence and impartiality.
“Therefore, this appointment process results in an unnecessary balancing act between providing impartial legal advice and meeting political responsibilities and expectations.
“I say an unnecessary balancing act, as we rely on the AG’s personal ability to separate law from partisan politics, rather than a constitutionally-mandated separation.
“Additionally, since the AG is an elected Member of Parliament (MP), conflicts of interests may arise in the representation of constituents where government action or inaction may conflict with the interests of the AG’s constituents as an MP,” he said.
Bruce added that such conflicts of interest could prevent the AG from effectively representing constituents’ interests. He drew attention to the recent Joe’s River controversy to demonstrate how AG Dale Marshall, by his own admission, highlighted a possible conflict as he represented the State as AG and his constituents as MP.
“Additionally, there are also concerns regarding the experience and competencies of Members of Parliament to effectively undertake the AG’s role,” Bruce told the audience speaking on the topic Towards a New Constitution: Revolutionising Governance.
He added: “Therefore, after the general election, the President should select an independent individual with the requisite qualifications and experience, to fulfil the role of the Attorney General.
“In the execution of duties, the Attorney General should work in conjunction with the Parliament and Cabinet, and could be asked to attend these Chambers for accountability and transparency purposes.
“However, they would not be a member of either the Cabinet or Parliament, as we must do what we can to keep the AG’s office above the partisan fray, and focused solely on the rule of law”.
Bruce also suggested that the AG’s tenure should extend beyond the life of any one administration, but should not exceed more than 12 years.
The political scientist said the Prime Minister determining the Speaker and Deputy Speaker of the House of Assembly also highlights similar concerns regarding political partnership.
Indicating that the Constitution too easily facilitates the possibility of a politically-biased Speaker and Deputy Speaker since they are chosen by a “partisan political leader”, Bruce said it was important for persons holding these posts to be selected from outside of Parliament.
“Therefore, after a General Election, the President will nominate two independent individuals for the Speaker and the Deputy Speaker to be voted on by the House. The Speaker should be elected through a two thirds majority vote.
“If this vote fails, the President, Prime Minister, and Leader of the Opposition, must agree on second candidates to be voted on by the House.
“Further, a parliamentary vote on the Speaker and the Deputy Speaker should occur every two years, and the tenure of these posts will be extended beyond the life of any given administration but should not exceed more than 12 years,” he said.
(AH)