The Tribune

EDITOR, The Tribune.

In our system of government, multiple functions and powers of the different branches are often vested in a single individual.

Most notably, individuals functioning in legislative capacities as Members of Parliament (MPs) or Senators, are also delegated with executive powers and will usually hold positions such as Cabinet Ministers (and Parliamentary Secretaries).

As one can imagine, the scenario in which a person, elected by members of his constituency, and as a result, serves as an MP, while also appointed as a Cabinet Minister by the Governor-General on advice received by the Prime Minister, is often plagued with conflicts of interest.

On one hand, the MP owes a duty to represent the interests of his constituents in the creation of laws, while on the other hand, due to conventions of “collective responsibility”, he is also expected to support legislation that is proposed by Cabinet – often times spearheaded by the Prime Minister.

One recent example of this conflict manifested in 2018, when Travis Robinson who serves as MP for Bain and Grants Town, and who also, at that time, served as Parliamentary Secretary (PS) in the Ministry of Tourism, was relieved of his post as PS after having voted against a bill which proposed an increase in value added tax from 7.5 percent to 12 percent.

While many viewed this as vindictive on behalf of the Prime Minister, the truth is that he was relieved of this post in accordance with the convention of collective responsibility set down in the Manual of Cabinet and Ministry Procedure which states: “A Parliamentary Secretary is a member of the Government. At parliamentary meetings or committee meetings he may play a full part by means of suggestion and criticism in the formulation of policy.

“Once the Government has established its course of action, it is the duty of the Parliamentary Secretary to give that course his full support in public.” By way of our system of governance, he was expected to support the bill in the House of Assembly as an MP, even though his constituents may not have.”

Another conflict that arises pertains to the individual’s personal financial interests. According to the Parliamentarians (Salaries and Allowances) Act, Chapter 10, Cabinet Ministers are paid an annual salary of $66,000; Parliamentary Secretaries, $45,000; Members of Parliament, $28,000; and Senators, $12,500.

When called to vote on a Bill in Parliament, persons serving both as Senators and Cabinet Ministers (or Parliamentary Secretaries), or Members of Parliament and Cabinet Ministers (or Parliamentary Secretaries), may find themselves in a dilemma in which they must decide whether to vote in favour of the bill and continue to receive the higher salary, or to vote in favour of the constituents’ interest at the sacrifice of losing their positions as Cabinet Ministers and the higher salary.

In conclusion, while many persons advocate for constitutional reform in the form of removing the Queen as Head of State (which would also be a step in the right direction), this will, in my opinion have little impact in the fight for protecting the interests of the Bahamian people, as the role of the monarchy is now, to a large extent, ceremonial and symbolic in nature.

A more effective way of instituting constitutional reform, may be for Parliament to enact legislation that creates more defined lines between the three branches of State by precluding Cabinet Ministers from sitting in the legislative branch of Parliament (which includes the House of Assembly and the Senate) and by requiring that all Senators be elected by the Bahamian people, as opposed to being appointed (by the Governor-General on the advice of the Prime Minister).

MICHAEL TOOTE Jr., CPA, LLB

Nassau,

October 27, 2020