Submission 100
April 14, 2023
Director General – Governance
2nd Floor, E. Humphrey Walcott Building, Corner of Culloden Road and Collymore Rock, St. Michael.
Dear Sir/Madam:
Re: Suggestions for Constitutional Reform Please note the follow submissions
1. A Fixed Term Limit for the Prime Minister: Two Terms - 10 years in total
(we are generally into 5 year cycles).
The PM is therefore only able to serve as PM for a total of 10 years. Be it in one instance or more than one Instance
THE People’s Progressive Party has to disregard the constitutional question that is in the public domain on whether a person could serve as President of the Republic of Guyana for more than two terms. This contribution ignored whether that question was settled law or not and chose to look at the dilemma of the PPP from both perspectives. If the question is already settled law and no one can serve as President for more than two terms, (consecutive or otherwise) then this craziness that we get exposed to every day, in Parliament, in the newspapers and on television with Bharrat Jagdeo should stop right now.
2. FIXED TERM ELECTION DATES, UNLESS THERE IS A VOTE OF NO CONFIDENCE WHICH FORCES THE CALL FOR A NEW ELECTION
One was a Commons vote of no confidence in the government, which still required only a simple majority of voters. The other was a vote explicitly in favour of an earlier election, which required a qualified majority of two-thirds of the total membership of the Commons.
The First Thursday in September should be designated – The School Term does not usually start in the First week of September
3. NUMBER OF CONSTITUENCIES TO BE AN ODD NUMBER TO REDUCE THE OPPORTUNITY FOR A HUNG PARLIAMENT
Voting last took place in all 41 of those constituencies at the Trinidad and Tobago
general election on 7 September 2015, and these results have been counted and
verified. The number of seats rose from 36 at the 2007 general election after proposals
made by the Elections and Boundary Commission were adopted through statutory
instruments.
Early general elections were held in Trinidad and Tobago on 7 October 2002, after
People's National Movement leader Patrick Manning had failed to secure a majority in
the hung parliament produced by the 2001 elections. This time the PNM was able to
secure a majority, winning 20 of the 36 seats. Voter turnout was 69.6%.
4. REDUCE THE NUMBER OF CONSTITUENCIES
Currently Barbados has 30 constituencies with an electorate of 266, 330 (2022 elections). This translate to 8,878 on average per constituency
Jamaica – 1,913,410 – 2020 elections – 63 constituencies - This translate to 30,372 on average per constituency
Trinidad & Tobago – August 2020 elections – Registered voters – 1,134,135 Constituencies 41. This translate to 27,662 on average per constituency
Belize- November 2020 election –– Registered voters – 182, 815 Constituencies 31. This translate to 5,897 on average per constituency
The Bahamas - Registered voters – 194, 524. Constituencies 39. This translate to 4,988 on average per constituency
It is appreciated the influence of the land area and topography of both Belize and The Bahamas
Procedure for review of constituency boundaries The Commission shall, in accordance with this section, review the number and boundaries of the constituencies into which Barbados is divided and submit to the Minister for presentation to each House in accordance with this section reports either showing the constituencies into which it recommends that Barbados should be divided in order to give effect to the rules set out in the Third Schedule; or stating that, in the opinion of the Commission, no alteration is required to the existing number or boundaries of constituencies in order to give effect to the rules referred to in paragraph (a). Reports under subsection (1) shall be submitted by the Commission in the case of its first report, not less than one or more than five years from the date of appointment of members of the Commission; in the case of any subsequent report, not less than two or more than five years from the date of the submission of its last report. 41C.(1) (2) 41D.(1) (a) (b) (2) (a) (b) 69 s. 41C Constitution of Barbados Not later than two months after the Commission has submitted a report under subsection (1)(a), the Minister shall lay before each House for its approval the draft of an order by the President for giving effect to the recommendation contained in the report. [2021-22, s. 30] Where the motion for the approval of any draft made under this section is rejected by either House, or is withdrawn by leave of each House, the Minister shall amend the draft and lay the amended draft before each House not later than two months after the day of its rejection or withdrawal, as the case may be. Where any draft made under this section is approved by resolution of each House, the Minister shall submit it to the President who shall make the order in terms of the draft; and that order shall come into force on the next dissolution of Parliament and, until revoked by a further order made by the President in accordance with this section, shall have the force of law. [2021-22, s. 30] Nothing in subsection (5) shall be construed as
preventing the publication of any electoral register or any other requirement connected with the registration of electors from being carried out in accordance with an order made before that dissolution by the President pursuant to that subsection. [2021-22, s. 30] The question of the validity of any order by the President purporting to be made under this section and reciting that a draft thereof has been approved by resolution of each House shall not be inquired into in any court. [2021-22, s. 30]
5. SYMBOLS - FLAG ETIQUETTE – DISRESPECTING THE FLAG
According the Flag a similar status to the wearing of Camouflage
As we have made it a criminal offence to wear Camouflage in public. Similar sanctions should be made for those offences as listed under PROHIBITED USE OF THE FLAG
Camouflage cannot be worn in any form of clothing and this extends to shoes, belts, trousers, shirts and even face masks.
In Barbados, camouflage/disruptive pattern material and articles remain reserved for members of the Barbados Defence Force (BDF).
Under the Defence Act CAP. 159 Section 188, Subsection 1 Clause (b)
(1) A person is guilty of an offence who:
(a) Wears in a public place, without authority, the uniform of the Barbados Defence Force, not being a member of the force, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform.
(b) wears without authority:
(i) any uniform or part thereof, or any article of clothing made from any of the disruptive pattern materials used for making the military uniform commonly called the “camouflage uniform” or from the any of other material so nearly resembling any of these materials as is likely to deceive.
The Penalty:
Under Section 188, Subsection 5, any person found guilty of any of these offences is liable on summary conviction to a fine of $2000 or to one year imprisonment or both.
Prohibited uses of the Flag
o (i) The Flag should not be dipped to any person or thing, except in accordance with maritime practice.
o (ii) The Flag should never be flown with the trident inverted except as a signal of distress.
o (iii) The Flag should not be displayed on a float, motorcar or other vehicle or on a boat, except a staff or masthead.
o (iv) The Flag should not have placed on it or attached to it any mark, insignia, letter, word, figure, design, picture or drawing.
o (v) The Flag should never be used as a receptacle. It should not be used to cover a statue or monument.
o (vi) The Flag should not be used for purposes of adornment or advertising. It should not be printed on or reproduced on, articles of clothing or furniture.
o (vii) The Flag when on display should not be allowed to touch anything beneath it such as furniture, floors, trees, plants, vehicles, buildings, water or the earth.
It is noted that in some countries, e.g. the USA, Canada and the UK, Flags are legally able to be burnt and desecrated.
6. COMPULSORY VOTING SHOULD BE INTRODUCED TO ENCOURAGE CIVIC RESPONSIBILITY
Compulsory voting, also called mandatory voting, is the requirement in some countries that eligible citizens register and vote in elections. Penalties might be imposed on those who fail to do so without a valid reason. According to the CIA World Factbook, 21 countries, including 10 Latin American countries, officially had compulsory voting as of December 2021,[1] with a number of those countries not enforcing it. Choosing a party to vote for is not obligatory, as blank votes can be cast, and are counted.
During the first two decades of the 21st century, compulsory voting was introduced in Samoa and Bulgaria,[2] while Chile, Cyprus, the Dominican Republic, Fiji and Paraguay repealed it.
Technically, compulsory voting is a practice that only requires citizens to attend a polling place to get their name crossed off the electoral roll. Because of the secret ballot, people can only be compelled to cast ballots, whether they choose to vote or not.[3]
Countries that have Not Enforced Mandatory Voting
Some countries have mandatory voting by law but are yet to enforce it. These countries include Bolivia, Bulgaria, Costa Rica, Dominican Republic, Egypt, Greece, Gabon, Guatemala, Libya, Honduras, and the Democratic Republic of Congo. In Lebanon, citizens age 21 and above have the right to vote for the candidate of their choice. According to the law, it is mandatory for all men who are at least 21 years to vote.
Why Is Compulsory Voting Important?
Compulsory voting ensures that all citizens participate in democratic elections of their governing representatives. Proponents argue that voting is similar to other civil responsibilities such as taxation and compulsory education. Mandatory voting leads to a higher voter turnout which results in a higher degree of political legitimacy. Others have argued that compulsory voting improves the caliber of the person elected to the office since the election is not determined by voter turnout but by swing votes.
7. CAMPAIGN FINANCING- GOVERNMENT SHOULD FUND POLITICAL PARTIES & THE ELECTION PROCESS
Should campaign finance be regulated?
Attempts to regulate campaign finance reflect the commonly held belief that uncontrolled political fund-raising and spending can undermine the integrity of the democratic process and erode the confidence of the electorate in political institutions. Campaign expenditures have grown in many countries since the turn of the 21st century.
Political Party Funding (PPF) is a method used by a political party to raise money for campaigns and routine activities. The funding of political parties is an aspect of campaign finance.
Political parties are funded by contributions from multiple sources. One of the largest sources of funding comes from party members and individual supporters through membership fees, subscriptions and small donations. This type of funding is often referred to as grassroots funding or support. Solicitation of larger donations from wealthy individuals, often referred to as plutocratic funding, is also a common method of securing funds. Parties can also be funded by organizations that share their political views, such as unions, political action committees, or organizations that seek to benefit from the party's policies. In certain locales, taxpayer money may be given to a party by the federal government. This is accomplished through state aid grants, government, or public funding. I21 Additionally, political fundraising can occur via illegal means, such as influence peddling, graft, extortion, kickbacks and embezzlement.
Policy Development Grants
Each year, we have £2 million from UK Parliament to allocate to political parties as a Policy Development Grant.
The grant gives political parties the funds to develop policies to include in their election manifestos.
The grant is only available to parties with at least two sitting members of the House of Commons, who have taken the oath of allegiance
We distribute the first £1 million of the grant equally between the eligible parties.
We then use a formula to calculate how much of the remaining £1 million parties. The formula is based on the:
proportion of the registered electorate where the party contests elections (England, Wales, Scotland, Northern Ireland)
share of the vote the party received in each part of the UK
In our calculations, we use electorate data from the Office for National Statistics (ONS). These are the figures we used in this year's calculations:
PART OF THE UK | ELECTORATE
England | 38,887,806
Wales | 2,305,500
Scotland | 4,027,653
Northern Ireland | 1,334,429
When we have calculated how much each party can apply for, we invite them to submit their application. The application needs to include the policy development activities the party is planning for the year ahead.
Parties will often include all of their policy development activities, even if the total cost is more than the amount they can apply for.
If we approve the application, we give up to 75% of the grant in advance.
At the end of the year, each party must submit an independent audit report confirming that the funds were spent on policy development.
We then will either pay the party the full amount of the grant, or we will recover the grant we paid in advance if the party didn’t spend it on policy development activities. If we recover any grants, it goes back to the government’s consolidated fund.
Other public funds
Political parties can also receive funding from parliamentary bodies. This includes:
Short Money, which the House of Commons pays to opposition parties
Cranborne Money, which the House of Lords pays to the opposition and second largest opposition party in the House of Lords
Financial Assistance, which the Scottish Parliament pays to opposition parties in the Scottish Parliament
Financial Assistance, which the Northern Ireland Assembly pays to opposition parties in the Northern Ireland Assembly
With best regards
