the senate of trinidad and tobago

7/30/2019 The Senate of Trinidad and Tobago

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THE SENATE OF TRINIDAD AND TOBAGO

I - COMPOSITION

31 senators nominated by the Head of State.

II - SYSTEM OF NOMINATION

Duration of mandate : 5 years.

Most recent elections : December 10th, 2001.

Eligibility for election: minimum age 25 years; citizenship of Trinidad and Tobago.

Ineligibility for election: foreign nationality; undischarged bankruptcy; mental illness; previouselectoral offence; having received a death sentence or a prison sentence longer than 12 months.

Incompatibility: certain types of public office and any responsibility relating to the organisation of the

elections are not compatible with election to the Senate (however, members of the Government are

chosen from among the senators and members of the Chamber of Representatives).

The President and Vice-president of the Senate (elected during the first session of the new legislature)

may not take on the duties of minister or parliamentary secretary.

Temporary senators may be nominated if a senatorial post is temporarily vacant due to illness, absencefrom Trinidad and Tobago, or suspension from post (during the period when an appeal againstconviction is being made).

III - SESSIONS OF THE ASSEMBLY

A - ORDINARY SESSIONS

The dates of opening and closing of the session are determined by proclamation by the President of the

Republic.

Parliament must sit at least once a year, and must not be in continuous session for more than six

months.


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B - LEGAL SESSION

The Senate is required to sit in legal session within one month of the parliamentary elections.

C - ADJOURNMENT

The session must be adjourned if a quorum of 10 members is not reached (in the judgement of the

president of the session).

IV - RELATIONSHIPS WITH THE OTHER CHAMBER AND THE EXECUTIVE

The Parliament of Trinidad and Tobago is composed of the President (Head of State), the Senate andthe Chamber of Representatives.

A - LEGISLATIVE POWERS

General restrictions on the legislative powers of the Senate.

1) Legislative initiative

Senators have the right to initiate legislation (as do the deputies).

This right is, however, limited with respect to bills concerning public finance, assessment or increase

of taxes or other expenditure (according to the judgement of the president of the session) unless the

Government agrees to these.

2) Right of amendment

Senators (and deputies) have the right of amendment, but this right is limited with regard to

amendments involving public finance, assessment or increase of taxes or other expenditure (accordingto the judgement of the president of the session) unless the Government agrees to these.

The Attorney General is involved in the work of Parliament, and has the right of amendment,including the right of amendment in areas falling within the competence of the ministerial department

of another minister. However, the right of amendment is also assigned to other ministers in areas

falling within their sphere of competence.


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3)Legislative Procedure

Bills may be tabled in either chamber, with the exception of bills on finance, which must be tabled inthe Chamber of Representatives.

Bills must be debated by both chambers.

Bills must be passed by a majority of members in each assembly, voting in person. The president of

the session has a casting vote when necessary.

a) Ordinary procedure

A legislative reform may be passed despite opposition from the Senate if it fulfils the followingconditions: the bill must have been adopted by the Chamber of Representatives in two successive

sessions and rejected by the Senate in both these sessions, when it has been referred to the Senate at

least one month before the end of the session; a period of six months must have elapsed between eachof the adoptions of the bill by the Chamber of Representatives.

However, before the second reading of the bill by the Senate, the Chamber of Representatives has the

right to propose amendments to the Senate which, if they are then adopted by the Senate, will be

considered as amendments from the Senate accepted by the Chamber of Representatives.

A bill is considered to have been rejected by the Senate either if it has not been adopted by the Senate

or if it has been accompanied by amendments which the Chamber of Representatives has refused to

accept.

A bill is enacted by the President of the Republic.

b) Specific provisions with regard to the budget

There are predetermined time limits for the adoption of the Finance bill by the Senate; when the bill

has been adopted by the Chamber of Representatives and referred to the Senate at least one month

before the end of the session, and the Senate has not adopted it without modification within one monthof its reception, it may then be sent for signature by the President, unless the Chamber of

Representatives decides otherwise.

B - POWER OF SUPERVISION

Right to information


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The ministers or secretaries of State who are also senators or deputies shall continue to participate in

the work of the Assembly to which they were elected: their presence can be required by the Presidentof their respective Assemblies if they have to give explanations in their role as members of the

Government, in an area falling within their competence and which is the subject of the current debate.

However, they cannot be summoned by the other parliamentary chamber unless a motion is passed tothis effect.

C - DISSOLUTION AND PROROGATION

1) Dissolution

The President of the Republic has the power to dissolve Parliament.

The Senate is dissolved at the same time as the Chamber of Representatives.

2) Prorogation

The President of the Republic has the power to prorogue [extend] the mandate of Parliament.

In the case of war, the term of the legislature may be extended by twelve months, renewable for up to

five years.

V - SPECIFIC PROVISIONS

A - REVISION OF THE CONSTITUTION

Specific conditions are laid down with regard to the voting majority required for the revision of the

Constitution: according to the relevant articles of the Constitution, this may occur only with a two-

thirds majority vote, or a majority of three-quarters of the members of each assembly.

B - ELECTION OF THE PRESIDENT OF THE REPUBLIC

The President of the Chamber of Representatives is responsible for the presidential elections.

The President is elected by the members of the Senate and the Chamber of Representatives, who meet

for this purpose as an electoral college


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C - POWER OF JURISDICTION

The procedure for depriving the President of his mandate is initiated by a motion from the Chamberof Representatives, submitting this proposal for dismissal to investigation by a tribunal composed of

the President of the Supreme Court and four other judges nominated by him.

The motion giving the reasons on which the proposal for dismissal is based must be adopted by atleast 2/3 of the votes of the members of the Senate and the Chamber of Representatives, meeting injoint session.

The President of the Republic is deprived of his mandate by a resolution - based on the findings of the

tribunal - and adopted by at least a two-thirds majority of the total number of members of the Senate

and the Chamber of Representatives.

In this situation, the President of the Senate will temporarily exercise the functions of the President.

Current Members House of Representatives

Member Party Constituency

1. Alleyne-Toppin, Vernella TOP Tobago East

2. Baker, Delmon TOP Tobago West

3. Baksh, Nizam UNC Naparima

4. Browne, Amery PNM Diego Martin Central

5. Cadiz, Stephen UNC Chaguanas East6. Cox, Donna PNM Laventille East/Morvant

7. De Coteau, Clifton UNC Moruga/Tableland

8. Dookeran, Winston COP Tunapuna

9. Douglas, Lincoln COP Lopinot/Bon Air West

10

.Gopee-Scoon, Paula PNM Point Fortin

11

.Gopeesingh, Tim UNC Caroni East

12.

Griffith, Rupert UNC Toco/Sangre Grande

13

.Hospedales, Alicia PNM Arouca/Maloney

14.

Hypolite, Nileung PNM Laventille West

15

.Imbert, Colm PNM Diego Martin North/East

16 Indarsingh, Rudranath UNC Couva South
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.

17.

Jeffrey, Fitzgerald PNM La Brea

18

.Khan, Nela UNC Princes Town

19

. Khan, Fuad UNC Barataria/San Juan

20

.Manning, Patrick PNM San Fernando East

21

.Mark, Wade Speaker of the House

22.

Mc Leod, Errol MSJ Pointe-a-Pierre

23

.McDonald, Marlene PNM Port-of-Spain South

24

.McIntosh, Patricia PNM Port-of-Spain North/St. Ann's West

25

.Moonilal, Roodal UNC Oropouche East

26.

Partap, Collin UNC Cumuto/Manzanilla

27

.Persad-Bissessar, Kamla UNC Siparia

28

.Peters, Winston UNC Mayaro

29

.Ramadhar, Prakash COP St. Augustine

30

.Ramadharsingh, Glenn UNC Caroni Central

31.

Rambachan, Surujrattan UNC Tabaquite

32

.Ramdial, Ramona UNC Couva North

33.

Roberts, Anil COP D'Abadie/O'Meara

34

.Roopnarine, Stacy UNC Oropouche West

35.

Rowley, Keith PNM Diego Martin West

36

.Samuel, Rodger COP Arima

37

.Seemungal, Jairam UNC La Horquetta/Talparo

38

.Seepersad-Bachan, Carolyn COP San Fernando West
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39.

Sharma, Chandresh UNC Fyzabad

40

.Thomas, Joanne PNM St. Ann's East

41.

Volney, Herbert UNC St. Joseph

42

.Warner, Jack UNC Chaguanas West

Current Members Senate

Member Party

1. Abdulah, David MSJ

2. Al-Rawi, Faris PNM

3. Ali, Basharat Independent4. Armstrong, James Independent

5. Balgobin, Rolph Independent

6. Baptiste-McKnight, Corinne Independent

7. Baynes, Terance TOP

8. Beckles, Pennelope PNM

9. Bharath, Vasant UNC

10

.Cudjoe, Shamfa PNM

11

.

Deyalsingh, Terrence PNM

12

.Drayton, Helen Independent

13.

Dyer-Griffith, Nicole COP

14

.George, Emmanuel UNC

15.

Hamel-Smith, TimothyPresident of theSenate

16

.Henry, Lester PNM

17.

Hinds, Fitzgerald PNM

18

.Karim, Fazal UNC

19

.Maharaj, Danny UNC

20 Maharaj, Devant UNC
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.

21.

Moheni, Embau NJAC

22

.Oudit, Lyndira UNC

23

. Prescott, Elton Independent

24

.Ramkhelawan, Subhas Independent

25

.Ramkissoon, Harold Independent

26.

Ramlogan, Anand UNC

27

.Ramnarine, Kevin UNC

28

.Sandy, John UNC

29

.St. Rose Greaves, Verna UNC

30.

Tewarie, Bhoendradatt COP

31

.Wheeler, Victor Independent

The OmbudsmanThe Constitution provides for an Ombudsman who is an officer of the Parliament and who is requiredto hold no other office of emolument nor engage in any occupation for reward than the duties of his

office. The Ombudsman is appointed by the President after consultation with the Prime Minister and

the Leader of the Opposition and shall hold office for a term not exceeding five years and is eligible

for reappointment.

The principal function of the Ombudsman is to investigate complaints of administrative injustice in

respect to decisions made or acts done or omitted by a Minister or department or authority of

Government. In short, the Ombudsman can best be described as a "grievance person" to whom a

citizen can make a complaint with a view to redressing the mistakes, delays, rigidity and carelessnessof the government bureaucracy. However, the role of the Ombudsman is an advisory one and the

consequence of any investigation he makes can only lead to recommendations and the submission of

reports by him to relevant persons, authorities or to Parliament.

The Ombudsman is responsible only to Parliament, to which he makes annual reports on the

performance of his functions including statistics of the complaints received and the results of his

investigations. The office is non-political.
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Ms. Lynette Anthea Stephenson, S.C.

Ms. Lynette Anthea Stephenson, S.C. is Trinidad and Tobago's thirdOmbudsman, having been sworn in on February 20, 2006.

Ms. Stephenson has had a long and distinguished career in the public service of

Trinidad & Tobago, having served, between 1976 and 1996, in several legal

capacities from Temporary State Counsel II to Deputy Solicitor General. Shewas appointed Solicitor General in 1996.

She has also held directorships on the boards of state-owned companies

including National Fisheries Company Ltd., Trinidad and Tobago Meat Processors Ltd. and the

Petroleum Company of Trinidad and Tobago Ltd.

In addition, Ms. Stephenson has served as a member of key Cabinet-appointed committees, including

the Standing Committee on Negotiation of Bilateral Air Services Agreements, the Trinidad andTobago Steering Committee on the Unitization of Cross-border Hydrocarbon Reservoirs and as a

member of the Team to negotiate a new Shareholders Agreement between TelecommunicationServices of Trinidad and Tobago and Cable and Wireless West Indies.

Ms. Stephenson attained the status of Senior Counsel in November 2000. She believes the Office of

the Ombudsman is vital "because it gives people the reassurance that someone in authority is seeking

their interest."

About Speaker of the House

In Trinidad and Tobago, the Speaker, or in his absence the Deputy Speaker, presides over each sitting

of the House of Representatives, acts as Chairman of Committees of the House and enforces theobservance of all rules for preserving order in its proceedings. As a result he maintains order, enforces

the rules as is necessary, interprets Standing Orders and practices of the House, deals with points of

order and gives rulings when called upon to do so.

The Speaker is considered the guardian of the privileges of the Members of the House of

Representatives and the chief characteristics required are authority and impartiality. The Speaker is

also responsible for the management and general administration of the House.

The Constitution provides that when the House of Representatives first meets after any generalelection and before it proceeds to the dispatch of any other business, it shall elect a person to be theSpeaker of the House from among members of the House who are not Ministers or Parliamentary

Secretaries. Persons who are not Members of either the House of Representatives or the Senate may

also be elected provided he is a citizen of Trinidad and Tobago and is not disqualified for election as aMember of the House of Representatives.

The Speaker of the House is fifth in the Order of Precedence of Trinidad and Tobago.


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About The President of the Senate

The Constitution provides that when the Senate first meets after a general election and before it

proceeds to the dispatch of any other business, it shall elect a Senator to be President of the Senate. A

Senator who is a Minister or Parliamentary Secretary, shall not be elected to be the President of the

Senate.

The President presides over the sittings of the Senate and acts as Chairman of Committees of the

whole Senate. He interprets the Standing Orders and has the power to regulate the conduct of business

in all matters not provided for in the Standing Orders. The President of the Senate also actstemporarily as President of the Republic of Trinidad and Tobago where the office is vacant or when

the President is incapable of performing his functions of President by reason of his absence from

Trinidad and Tobago or by reason of illness.

The President of the Senate is fourth in the Order of Precedence of Trinidad and Tobago.

About Parliament

14th - 19th Centuries

Trinidad, "discovered" by Christopher Columbus in 1498 was to pass under the governance of the

Spanish, French and English with full power ceded to the British in the eighteenth century.

1879: British House of Commons considered the question of the future of Trinidad and Tobago and

decided to reject a request by the resident planters for a bicameral legislature and internal self-

government.

Crown Colony Government

The British decided to impose Crown Colony Government in which a resident Legislative Council

under the authority of a Governor, could advise the British Government but had no effective control

over the island, since British law reigned.

1880: Members of the single chamber Legislative Council were appointed by the Governor torepresent the counties of Trinidad with one "unofficial Member" representing the Ward of Tobago.

1898: The membership of the Legislative Council was a total of 21: 11 - Unofficial and 10 - Official,including the Governor.

Tobago is amalgamated permanently with Trinidad

1921 - 1962


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The emancipation of slaves, the ending of indentured labour and the discovery of oil in Trinidad all

generated an increased population, demanding adult suffrage and ultimately, independence forTrinidad and Tobago.

1921: A Commission Franchise was established to investigate the preparedness of Trinidad and

Tobago for self-government and recommended that a limited franchise of seven (7) members be

appointed by the Governor. This lay the foundation for constitutional reform.

1952: The return of Dr. Eric Williams from abroad, heralded a vibrant era of party politics since he

was encouraged to form a political party. On September 24, 1956 Dr. Williams' party, the People's

National Movement, won 13 of the 24 seats on the Legislative Council. After detailed discussions withthe Legislative Council, the Colonial Office decided to grant cabinet government to Trinidad and

Tobago. Thus, the first Cabinet was formed with Dr. Williams as Premier.

1961: A Federation of the West Indian islands was formed in 1958 but when Jamaica withdrew in

1961, Trinidad and Tobago decided that it was time to receive full independence so that it couldpursue its own governance.

1962: Independence talks took place between Trinidad and Tobago and Britain, the result of which

was full independence, celebrated on August 31, 1962.

Until 1961, the legislature was unicameral, but with independence came the recommendation for the

creation of a bicameral legislature, comprising a Senate and an elected House of Representatives.

On Friday December 29th, 1961 the House of Representatives and the Senate sat for the first time in

the history of the Parliament of Trinidad and Tobago.

Present Day

The Parliament of Trinidad and Tobago is bicameral, consisting of a Senate and a House ofRepresentatives. The Parliament as a whole is charged with certain responsibilities and is given special

powers and privileges in order to effectively carry out its functions. Included among the latter are

freedom of speech in Parliament, the authority to regulate its business by Standing Orders, as well asthe freedom from civil or criminal proceedings for words spoken or written by Members before their

respective House and in Committee.

the senate of trinidad and tobago

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