The Tribune

EDITOR, The Tribune.

As the “rookie” member of the Opposition in the House of Assembly, I was still appointed Leader of Opposition Business under the first session of Parliament after the 2021 general elections.

The passing of my colleague, who served as Government Business Leader, gave rise to the Parliamentary process on issuing a Writ for a by-election.

A process which publicly started on Friday with announcement that a Notice from the Speaker was sent to the Governor General.

In my opinion, there are two processes to follow under the laws of the Bahamas, but the one that involves the Speaker notifying the Governor General is not the correct one.

My reasons rely on the fact that the Parliament stands prorogued between the period 12th August 2023 until the 4th October 2023.

Under our Parliamentary Elections Act, Section 33 provides that once the Speaker has the fact of a vacancy brought to her attention, the Speaker should then notify the Governor General and request the issuance of a Writ for a by-election, and the Governor General shall as soon as “practicable” issue the Writ giving no less than 21 days and no more than 30 days for the by-election to occur and the Writ to be returned.

The Clerk on 29th September 2023 informed the media that the Speaker’s Notice had been given to the Governor General.

The provisions of said Section 33 relate to a vacancy arising when the Parliament is in Session, or when on a recess. Well, prorogation ended the Session so Parliament is not in Session, and as Parliament is not in Session it cannot be in recess which is an agreed upon break in a Session such as a Summer break or a Christmas break.

It is my further opinion that with the provisions of the Parliamentary Elections Act not being met, the provisions of Article 67.(3) of our Constitution apply.

By said Section 67.(3) no notice from the Speaker is required, and at the moment a member vacates his seat as a Member of the House of Assembly a 60 day time frame to hold the by-election starts and it is the duty of the Governor General to issue the Writ for a new member to fill the vacancy.

Issuance of the Writ doesn’t depend on practicability. It shall be issued and the election shall be within 60 days of vacancy.

A final question on the current undertaken process that can be asked is whether there is even a Speaker after the start of prorogation until one is elected on 4th October 2023.

The Rules of Procedure for the Honourable House of Assembly of The Bahamas made under Section 55 (1) of the Constitution create doubt as to whether we currently have a Speaker.

The Rules state at Rule 3. (1): On the day of commencement of Parliament after a general election, or of a Session of Parliament after a prorogation pursuant to a Proclamation summoning Parliament, Members having met at the time and place appointed, the Clerk shall:

(a). read the Proclamation;

(b). read the Role of Members elect;

(c). call on Members to elect a Speaker.

The Proclamation was given on 12th August 2023 for Members to meet at Parliament at 10am on 4th October 2023.

I wonder what the public thinks.

ADRIAN R. WHITE

MP, St. Anne’s Constituency,

October 1, 2023.