Republican constitution call amid Bail Bill debate

Opposition Leader Ralph Thorne has urged the government to swiftly implement a new republican constitution for Barbados. Thorne raised this issue during the House of Assembly debate on the Bail Bill, as he sought to highlight the implications of the administration’s attempt to amend the Constitution through parliamentary means.

“Section 49 of the Constitution gives Parliament the power, by an Act of Parliament, to alter the Constitution. This legislation today is telling this chamber and the people of this country that the attorney general intends to amend the Constitution of this country. That’s a very serious thing,” Thorne said.

The Christ Church South MP emphasised the significance of maintaining constitutional integrity, stressing Parliament’s role in adhering to the supreme law of the land. 

“The law that is made in this Parliament must always accord with that Constitution,” he said. “So that even this Parliament is limited in terms of the kind of law that it may pass. Parliament may not pass laws that conflict or that are inconsistent with the Constitution. That is why you hear about applications that go to the Supreme Court on the basis that laws that are passed by this Parliament are unconstitutional.

“It is because those laws conflict or are inconsistent with the Constitution. But when this Parliament comes and says to the people of Barbados and to this Parliament that you intend to amend to change the Constitution, it must state that in the legislation. And this legislation today states that in the long title that it intends to amend the Constitution.”

Thorne criticised the government’s current legislative approach, pointing out the necessity of clear communication and thorough legal drafting: “We need a new Offences Against the Person Act that creates degrees of homicide. And that would go a long way towards solving this problem of bail.”

The opposition leader suggested that a new republican constitution could safeguard the nation and its legal system against judicial intervention. He stressed Parliament’s duty to protect the innocent, suggesting the current legislative efforts were inadequate.

“We are here to defend the rights, interests, and entitlements of all citizens in this country. But if there is a minority . . . visiting disruption on this country, must we not have the courage? Must we become consorts with the criminal element because we want the extra vote?” Thorne asked.

He concluded by expressing dissatisfaction with the current legislative attempt: “I say today that this legislation has fallen short in its attempt not to make bail more difficult, in its attempt to protect the innocent citizens of this country who do not commit murder, nor civilized society [who] has a tolerance for murder. This is not a warground. This is not a battlefield. . . . As a Parliament in accordance with Section 48 of the Constitution to pass laws and make laws for the peace, order, and good government of this country, I am not happy. I am not satisfied that this attempt today is enough. It is not enough. To quote Kamau Brathwaite, it is not enough.” (RG)