Chapter 5 - Parliament
Part 1 Composition of Parliament
The Bahamas must have a Parliament that consists of the King, the Senate and the House of Assembly.
Part 2 The Senate
There are 16 Senators:
1. Nine chosen by the Prime Minister
2. Four chosen by the Leader of the Opposition
3. Three more chosen by the Prime Minister after consultation with the Leader of the Opposition.
The Prime Minister must make sure that the Senators represent the political balance of the House of Assembly.
Whenever a Senator leaves their position, the person who chose them will choose the replacement as soon as possible.
Only Bahamians over the age of 30 who have been living in the Bahamas for a year can be Senators. Senators must take an oath of allegiance before taking office.
No one can be a Senator if they:
1. Voluntarily became a citizen of another country
2. Are willingly under the allegiance of foreign power
3. Are a member of the House of Assembly
4. Is declared bankrupt
5. Are certified to be insane or if unsound mind
6. Have a prison sentence longer than 12 months, has been sentenced to death, or has a suspended prison sentence. This does not include prison sentences received because of not paying a fine.
7. Are disqualified from serving in the House of Assembly because they have been convicted of a crime related to elections.
8. Have not informed the Governor General of any interest they have in any Government contract
In addition to the reasons above, the Government can pass a law that disqualifies people who hold a certain office and people in the armed forces or police force.
Senators must stop performing duties immediately if any of the above happens after they are appointed, but has 30 days before they have to vacate the seat. They can appeal the need to step down and the President of the Senate can give them extensions up to 150 days. Longer extensions must be approved by the Senate. If the matter is resolved the Senator can return to their duties. If the Senator loses the appeal they must step down.
Other times Senators must step down are when:
1. Parliament is dissolved.
2. They give a resignation letter to the President of the Senate.
3. They accept a nomination for the House of Assembly.
4. They are out of the country for more than 40 days while the Senate is sitting without permission from the President. The President can give permission for a Senator to be out of the country up to six months at a time.
5. They are no longer a Bahamian.
6. The person who chose them revokes the appointment.
7. They become interested in a government contract. However, if they declare the interest the Senate may allow them to stay. The Senator can also be allowed to stay if they convince the court that they did not know that they had interest in a government contract.
When the Senate meets for the first time, the first order of business is to elect a Senator to be the President of the Senate. Whenever the seat of the President is vacant, another Senator must be elected as soon as possible. A Senator cannot be President or Vice-President if they are a Minister or Parliamentary Secretary. Elections for President and Vice-President can take place before the Senators are sworn in.
The President can resign by announcing it to the Senate. The Vice-President can resign by writing to the President or the Clerk. If a person is unable to perform the duties of a Senator they will also be unable to serve as President or Vice-President. If the person resumes duties as a Senator, they can resume duties as the President or Vice-President.
The Vice-President steps in if the President is unavailable. If there is no Vice-President one can be elected.
The Supreme Court will deal with questions related to if a Senate appointment is valid and whether or not a Senator should step down. Parliament can create laws and procedures specifically related to these matters.
Part 3 The House of Assembly
The House of Assembly will have at least 38 members who are called Members of Parliament (MP). MPs must take an oath of allegiance before taking office.
No one can be an MP who:
1. Is under the age of 21
2. Was not living in The Bahamas for at least 1 year when nominated
3. Voluntarily became the citizen of another country
4. Is willingly under the allegiance of a foreign power
5. Is declared Bankrupt in The Bahamas
6. Is certified to be insane or of unsound mind
7. Has a prison sentence longer than 12 months, has been sentenced to death, or has a suspended prison sentence. This does not include prison sentences received because of not paying a fine.
8. Has been convicted of an offence related to elections.
9. Is a Senator
10. Has interest in a Government contract and has not declared the interest in the Gazette within one month of the election.
MPs must stop performing duties immediately if any of the above happens after they are appointed, but has 30 days before they have to vacate the seat. They can appeal the need to step down and the President of the Senate can give them extensions up to 150 days. Longer extensions must be approved by the House of Assembly. If the matter is resolved the MP can return to their duties. If the MP loses the appeal they must step down.
Parliament can pass laws that also make the following people ineligible to be MPs:
1. Someone who holds a position that gives them any responsibility for an election or an electoral register.
2. Someone who holds a position that the law specifies.
3. Members of any armed force or the Police Force in The Bahamas.
MPs must vacate their seat when:
1. Parliament is dissolved.
2. They give a resignation letter to the Speaker of the House.
3. They are absent from the House against the rules of Procedure of the House.
4. They are no longer a Bahamian.
5. They become interested in a government contract. However, if they declare the interest the House of Assembly may allow them to stay. They can also be allowed to stay if they convince the court that they did not know that they had interest in a government contract.
When the House meets for the first time, the first order of business is to elect MPs to be the Speaker of the House and the Deputy Speaker of the House. Whenever the seat of Speaker or Deputy Speaker is vacant, another MP must be elected as soon as possible. An MP cannot be Speaker or Deputy Speaker if they are a Minister or Parliamentary Secretary. Elections for the Speaker and Deputy Speaker can take place before MPs are sworn in.
The Speaker and Deputy Speaker continue to serve when Parliament is dissolved until House's next sitting.
The Speaker and Deputy Speaker must step down if:
1. They are no longer an MP
2. They resign by announcing it in the house or writing a letter to the Clerk of the House.
If a person is unable to perform the duties of an MP they will also be unable to serve as Speaker or Deputy Speaker. If the person resumes duties as an MP, they can resume duties as the Speaker or Deputy.
The Deputy steps in if the Speaker is unavailable. If there is no Deputy one can be elected.
Election Court
The Election Court consists of two Supreme Court Justices appointed by the Chief Justice. If 2 Justices are not available the Chief Justice will appoint one Justice and the Chief Magistrate or a Stipendiary Magistrate and a Circuit Magistrate.
The Election Court deals with questions of whether or not an MP was validly elected or if an MP should have to step down.
Part 4 Powers and Procedures of Parliament
Parliament can pass laws for the peace, order and good governance of the Bahamas. After a Bill is approved by the House of Assembly and the Senate, it is approved by the Governor General and becomes law.
Parliament can determine the privileges, immunities, and powers of the Senate, House of Assembly, and their members.
No civil court order can be served or acted on inside of the Senate or House of Assembly while they are sitting.
Changes to the Constitution
Changes can be made to the Constitution and the Bahamas Independence Act of 1973, if the changes are approved by the House of Assembly and the Senate and then get the majority of votes in favour in a public referendum. Only people qualified to vote in a general election are eligible to vote in the referendum.
Parliament must get 2/3 of votes in favour from both the House of Assembly and the Senate before having a referendum to change the following areas of the Constitution:
1. The nature of the office of the Governor General
2. Qualifications and tenure of Senators and MPs
3. Matters concerning the Public Service and its officers
4. Matters concerning the Judicial and Legal Service commission
5. Matters concerning Pensions and Finance
Parliament must get 3/4 of votes in favour from both the House of Assembly and the Senate before having a referendum to change the following areas of the Constitution:
1. Any part of the Bahamas Independence Act, 1973
2. The nature of the Constitution
3. Citizenship
4. Rights and Freedoms of Individuals
5. The establishment and composition of Parliament
6. How the Constitution is changed
7. Restrictions of Senate of Money Bills and other Bills
8. Matters related to elections and constituencies
9. The nature of the Executive
10. Matters related to the Courts
11. Interpretations of "Court of Appeal", "Public Service" and other terms if related to any matters above.
Other laws and decisions passed by Parliament will not be assumed to be trying to change the Constitution unless Parliament says that it is.
Parliament Procedures
The House of Assembly and the Senate can create their own guidelines for procedures, as long as they do not contradict anything stated in the Constitution.
The House of Assembly and the Senate can continue to conduct business if some positions are vacant. If someone is present who is not qualified to be the proceedings will still be valid.
The President will be in charge of Senate sessions.
The Speaker is in charge of each sitting of the House of Assembly.
If there is no quorum after a certain amount of time, the sitting will be adjourned.
The quorum for the Senate is 6, including the President.
The quorum for the House of Assembly is 10, including the Speaker. The number can be increased by an order from the Governor General.
Unless stated otherwise, all questions will be decided on based on the majority of votes.
The President or Speaker only votes in order to break a tie or in questions related to a change in the constitution or Independence Act.
Any MP or Senator can introduce a Bill, petition, or topic of conversation to the House of Assembly or the Senate, as long as it is not prohibited by the guidelines or the Constitution.
Money Bills and All Other Bills
Money Bills are bills that focus public revenue, expenditure, taxes and other areas that directly affect the public purse.
If the Speaker feels as though a bills deals with new or increased taxes, removing money from public funds, or negatively effects debts owed to the country, the Bill can only proceed if recommended by Cabinet.
A money bill cannot to be introduced in the Senate. The Senate can only discuss such bills after they are approved by the House of Assembly.
If the Senate dos not approve a money Bill within one month of receiving it from the House of Assembly, the House of Assembly can send it directly to the Governor General for approval. This only applies to Money Bills sent more than one month before the close of the session.
All Bills must have a certificate signed by the Speaker. Money Bills and other Bills sent directly to the Governor General must have a certificate signed by the Speakers that confirms that all procedures were followed.
Any Bill passed without changes by the House of Assembly in two consecutive sessions (even if Parliament was dissolved between those sessions) and rejected both times by Senate can be sent directly to the Governor General for approval. This only applies to Money Bills sent more than one month before the close of the session and there must be at least 9 months between the first approval and the second approval. The House of Assembly can recommend changes to the Senate, and the Senate can also make changes. The bill will not be considered a "new bill". Changes made by the Senate must be included in the Bill sent to the Governor General. This does not apply to Bills that change the Constitution.
All other Bills must be approved by the House of Assembly and the Senate. All Bills must be signed by the Governor General before they become law.
Chapter 5 - Summoning, Prorogation, and Dissolution of Parliament
The Governor General decides the time and place that Parliament meets. Parliament must meet at least once every 12 months. The Prime Minister can tell the Governor General to prorogue (suspend) or dissolve Parliament at any time.
If there is no Prime Minister and no other MP has the confidence of the majority, then the Governor General must dissolve Parliament. A General Election must be held within 90 days of Parliament being dissolved. Senators must be selected as soon as possible after an election.
Parliament must be dissolved within five years of its first sitting. If the country is at war Parliament can be extended past the five years for up to 12 months at a time. However, the extension cannot go on longer than two years. If there's a state of emergency while Parliament is dissolved, the Prime Minister can tell the Governor General to reinstate it so that it can meet until the next election. If a MP seat is vacated more than four months before Parliament is dissolved an election to fill the seat must be held within 60 days.
Chapter 6 – Constituencies
The Bahamas will be divided into at least 38 Constituencies and each constituency will have one MP. The number of constituencies can be increased.
Constituencies Commission
There must be a Constituencies Commission which has the following members. Any member will have to vacate their seat if they no longer hold the position that made them eligible to be on the Commission.
1. Speaker of the House, Chair
2. A Supreme Court Justice, who is the Deputy Chair, chosen by the Chief Justice.
3. Two MPs, chosen by the Prime Minister.
4. One other MP, chosen by the Leader of the Opposition.
All decisions made by the Commission must have at least 3 votes in favour. If members are absent the Commission can still meet but all decisions made must still have at least three votes in favour. The proceedings of the Commission are not necessarily invalided if an unqualified person is present.
The Commission will review the constituencies at least once every five years and submit a report to the Governor General. When the Commission begins its review it will notify the Prime Minister who will publish the notice in the Gazette. The Commission should try to make sure that:
1. The number of eligible voters in each constituency is roughly the same
2. The MP will be able to maintain contact with the people if the area is sparsely populated
3. The size, physical features, natural boundaries, and isolation of the areas are taken into consideration
Any recommended changes must be tabled at the House of Assembly as soon as possible. The Governor General can make changes the Commissions recommendations and can allow the Prime Minister to make changes needed to ensure that the recommendations can be approved. This includes changing the number of MPs and/or Senators needed for a Quorum in Parliament. A rationale of the changes must be presented.
If the Report is not approved the Commission must revise it as soon as possible. Once it is approved the Governor General will publish it in the Gazette and it becomes law. The changes take effect on the next general election. Parliament can make an appeal to the Supreme Court to have any statement or recommendation in the Commission's report rejected.
