Chapter 6 - The Executive
The King is the top authority in The Bahamas. The Cabinet has general control over the government and reports to Parliament.
The Cabinet will consist of the Prime Minister, the Attorney General, and at least 7 other MPs or Senators who are called Ministers.
The Prime Minister
The leader of the Party with the majority of seats will be appointed as Prime Minister by the Governor General. They must be an MP.
If the party with the majority of seats does not have a leader who is an MP, or if no party has the majority of seats, then the Governor General will appoint the person who they think will have the support of most of the MPs. This person must also agree to be Prime Minister.
The House of Assembly can pass a resolution stating that it does not have confidence in the Prime Minister. The Prime Minister will then be removed or dissolve Parliament within 7 days.
Whenever the Prime Minister is unable to perform their duties for a while, they can instruct the Governor General to authorise another Minister to perform the duties of Prime Minister. The person will be authorised to perform all functions except choosing a replacement for themselves. The Governor General can choose the replacement if it is impractical for the Prime Minister to choose.
Cabinet
Cabinet Ministers must be Senators or MPs and are chosen by the Prime Minister. There can only be three Senators in the cabinet. This includes the Attorney General if they are a Senator. The Prime Minister can revoke the appointment of any Cabinet Minister. All Ministers must step down when a person is appointed or re-appointed as Prime Minister.
The Prime Minister instructs the Governor General in writing to give any Minister responsibility for any government business or department. Permanent Secretaries will be appointed to supervise the department. The Minister responsible for Finance must be an MP.
If a Minister cannot perform their duties for a while, the Prime Minister can instruct the Governor General to authorise another Minister to perform the duties or authorise a temporary Minister. The authorisation must be in writing. The Prime Minister can authorise the Governor General to grant a leave of absence to any Minister.
Attorney General
The Attorney General or someone who they designate can undertake criminal proceedings against anyone for any crime or take over any criminal proceedings initiated by another person or authority. They can also stop any criminal proceedings at any stage before judgement. The Attorney General does not have to follow the instructions of anyone in these cases.
Cabinet Meetings
Only the Prime Minister can call a Cabinet Meeting. They will run all meetings or appoint another Minister if they are unable to attend or run the meeting.
More than half of the Cabinet must be present for a meeting to take place. This does not include vacant seats. If a person who is not entitled takes part in the meetings, this does not necessarily mean that the decisions are invalid.
Decisions Made by the Governor General
The Prime Minister must keep the Governor General fully informed on matters related to the governing of The Bahamas and must provide them with any information about the government that they ask for. The Governor General follows the instructions of Cabinet, except in cases where the Constitution says that they should follow the instructions of another person. The Governor General must follow the instructions of the person authorised to give them instructions but can make recommendations for the person to consider. In some cases, the constitution states that the Governor General must consult another person before making a decision. In these cases the Governor General is not obligated to follow the advice of the person consulted. Decisions and actions made by the Governor General cannot be questioned in court. The Governor General does not have to follow the advice of anyone in the following cases:
1. When appointing the Prime Minister
2. When choosing a replacement for the Prime Minister when the Prime Minister is unable to choose his/her own replacement
3. When appointing the Leader of the Opposition
4. When the office of the Leader of the Opposition is vacant
5. When dissolving Parliament because the office of Prime Minister is vacant and no qualified person can be named in a reasonable time.
6. When removing a Justice on the recommendation of the Judicial Committee.
7. When removing or disciplining their personal staff.
Decisions Made by the Prime Minister after Consulting the Leader of the Opposition
Some decisions must be made after the Prime Minister consults with the Leader of the Opposition. In these cases, the Prime Minister will meet with the Leader of the Opposition and then give recommendations to the Governor General. The Governor General with discuss the recommendations with the Leader of the Opposition. If they agree then the Governor General will follow the recommendations. If the Leader of the Opposition does not agree they will discuss the issues with the Prime Minister. The Prime Minister will then give final instructions to the Governor General.
Following all the guidelines of the Constitution and any other laws that exist, the Governor General can create offices for The Bahamas, make appointments and revoke appointments.
Parliamentary Secretaries
Parliamentary Secretaries assist Ministers with their duties. They must be Senators or MPs and are chosen by the Prime Minister and appointed by the Governor General. They must give up their position if they are no longer a Senator or MP. They must also give up their position if the Prime Minister revokes the appointment or whenever a Prime Minister is appointed or re-appointed.
The Prime Minister can authorise the Governor General to give a leave of absence to any Parliamentary Secretary.
Leader of The Opposition
The Leader of the Opposition is the MP that has the support of the second largest group of MPs. This appointment stands even when Parliament is dissolved, until the next general election. The Leader of the Opposition will step down if they are no longer an MP or cannot perform the functions of an MP.
If there is no qualified person willing to be the Leader of the Opposition then the Governor General and Prime Minister must use their own judgement in any matters where the Leader of the Opposition should be consulted.
Advisory Committee on The Prerogative Of Mercy
In the name of the King, the Governor General can pardon anyone convicted of a crime, grant breaks from punishment for a crime, lessen or cancel the punishment or penalty of someone convicted of a crime. Such decisions are made based on the advice of a designated Minister chosen by the Prime Minister.
The memebrs are:
1. Minister designated by Prime Minister, Chair
2. Attorney General
3. 3-5 other members appointed by the Governor General
This Committee will review the case of anyone sentenced to death and any other cases that the designated Minister sees fit to review. The designated Minister does not have to follow the advice of the Committee. The Advisory Committee can create its own rules of procedure.
