Constitution

Barbados 1966 Constitution (reviewed 2007)

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CHAPTER VI. EXECUTIVE POWERS

63

  1. The executive authority of Barbados is vested in Her Majesty.
  2. Subject to the provisions of this Constitution, the executive authority of Barbados may be exercised on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him.
  3. Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the Governor-General.

64

  1. There shall be a Cabinet for Barbados which shall consist of the Prime Minister and not less than five other Ministers appointed in accordance with the provisions of section 65.
  2. The Cabinet shall be the principal instrument of policy and shall be charged with the general direction and control of the government of Barbados and shall be collectively responsible therefor to Parliament.

65

  1. Whenever the Governor-General has occasion to appoint a Prime Minister he shall, acting in his discretion, appoint the member of the House of Assembly who, in his judgment, is best able to command the confidence of a majority of the members of that House.
  2. The other Ministers shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, from among the members of the two Houses.
  3. Subsections (1) and (2) shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the House of Assembly is held as if Parliament had not been dissolved.
  4. Appointments under this section shall be made by instrument under the Public Seal.

66

  1. The office of Prime Minister shall become vacant-
    1. if he ceases to be a member of the House of Assembly for any reason other than a dissolution of Parliament;
    2. when, after an election of members of the House of Assembly following any dissolution of Parliament and before that House first meets thereafter, the Prime Minister is informed by the Governor-General, acting in his discretion, that the Governor-General is about to re-appoint him as Prime Minister or appoint another person as Prime Minister; or
    3. if the Governor-General revokes his appointment in accordance with the provisions of subsection (2).
  2. If the House of Assembly by a resolution which has received the affirmative vote of a majority of all the members thereof resolves that the appointment of the Prime Minister ought to be revoked and the Prime Minister does not within three days of the passing of the resolution either resign or advise the Governor-General to dissolve Parliament, the Governor-General shall, by instrument under the Public Seal, revoke the appointment of the Prime Minister.
  3. The office of a Minister, other than the office of Prime Minister, shall become vacant-
    1. upon the appointment or re-appointment of any person to the office of Prime Minister;
    2. if his appointment to his office is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal;
    3. if, for any reason other than a dissolution of Parliament, he ceases to be a member of the House of which he was a member at the date of his appointment as a Minister; or
    4. if he is not a member of either House at the date of the first sitting of Parliament after a dissolution of Parliament.

67

  1. Whenever the Prime Minister is unable, by reason of his illness or absence from Barbados, to perform the functions of his office, the Governor-General may, by instrument under the Public Seal, authorise any other Minister who is a member of the House of Assembly to perform the functions conferred on the Prime Minister by this Constitution (other than the functions conferred by subsection (3) ) .
  2. The Governor-General may, by instrument under the Public Seal, revoke any authority given under this section.
  3. The powers conferred on the Governor-General by this section shall be exercised by him acting in his discretion if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, and in any other case shall be exercised by the Governor-General in accordance with the advice of the Prime Minister.

68

  1. Whenever a Minister other than the Prime Minister is unable, by reason of his illness or absence from Barbados, to perform the functions of his office, the Governor-General may, by instrument under the Public Seal, appoint a member of the Senate or the House of Assembly to be a temporary Minister and authorise him to perform the functions of that office:Provided that this subsection shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the House of Assembly is held as if Parliament had not been dissolved.
  2. Subject to the provisions of section 66(3), a temporary Minister shall hold office until he is notified by the Governor-General, by instrument under the Public Seal, that the Minister on account of whose inability to perform the functions of his office he was appointed is again able to perform those functions or until that Minister vacates his office.
  3. The powers conferred on the Governor-General by this section shall be exercised by him in accordance with the advice of the Prime Minister.
    1. The Prime Minister and every other Minister shall, before entering upon the duties of his office, take before the Governor-General the oath of allegiance and an oath for the due execution of his office in the form set out in the First Schedule.
    2. The Prime Minister shall, so far as is practicable, attend and preside at all meetings of the Cabinet and in his absence such other Minister shall preside as the Prime Minister shall appoint.
    3. The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the government of Barbados and shall furnish the Governor-General with such information as the Governor-General, acting in his discretion, may request with respect to any particular matter relating to the government of Barbados.

72

      1. Subject to the provisions of this Constitution, the Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister or any other Minister responsibility for any business of the Government, including the administration of any department of the Government:Provided that one such other Minister (who shall be styled Attorney-General) shall be assigned the functions of principal legal adviser to the Government.
      2. Nothing in this section shall empower the Governor-General to confer on any Minister authority to exercise any power or to discharge any duty that is conferred or imposed by this Constitution or any other law on the Governor-General or any person or authority other than that Minister.

73

      1. The Governor-General, acting in accordance with the advice of the Prime Minister, may, by instrument under the Public Seal, appoint from among the members of the two Houses Parliamentary Secretaries to assist Ministers in the discharge of their functions :Provided that this subsection shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the House of Assembly is held as if Parliament had not been dissolved.
      2. The provisions of section 66(3) and section 69 shall apply to Parliamentary Secretaries as they apply to Ministers.

74

    1. There shall be a Leader of the Opposition, who shall be appointed by the Governor-General by instrument under the Public Seal.
    2. Whenever the Governor-General has occasion to appoint a Leader of the Opposition he shall appoint the member of the House of Assembly who, in his judgment, is best able to command the support of a majority of those members who do not support the Government, or if there is no such person, the member of that House who, in his judgment, commands the support of the largest single group of such members who are prepared to support one leader:Provided that this subsection shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the House of Assembly is held as if Parliament had not been dissolved.
    3. The office of Leader of the Opposition shall become vacant-
      1. if, after an election of members of the House of Assembly following any dissolution of Parliament and before that House first meets thereafter, he is informed by the Governor-General that the Governor-General is about to appoint another person as Leader of the Opposition;
      2. if he ceases to be a member of the House of Assembly for any reason other than a dissolution of Parliament; or
      3. if his appointment is revoked under the provisions of subsection (4).
    4. If, in the judgment of the Governor-General, the Leader of the Opposition no longer is able to command the support of a majority of those members of the House of Assembly who do not support the Government, or, as the case may be, the support of the largest single group of such members who are prepared to support one leader, the Governor-General may revoke the appointment of the Leader of the Opposition.
    5. In the exercise of his functions under this section the Governor-General shall act in his discretion:Provided that, except during any period such as is mentioned in subsection (3) (a), if the Governor-General considers that it is doubtful whether a person commands such support as is mentioned in subsection (2) he shall, in determining the question, act in accordance with the advice of the Speaker.
  2. During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified in accordance with this Constitution for, and willing to accept, appointment to that office, the Governor-General shall-
    1. act in his discretion in the exercise of any function in respect of which it is provided in this Constitution that the Governor-General shall act in accordance with the advice of the Leader of the Opposition; and
    2. act on the recommendation of the Prime Minister in the exercise of any function in respect of which it is provided in this Constitution that the Governor-General shall act on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

76

  1. There shall be a Privy Council for Barbados which shall consist of such persons as the Governor-General, after consultation with the Prime Minister, may appoint by instrument under the Public Seal.
  2. The Privy Council shall have such powers and duties as may be conferred or imposed upon it by this Constitution or any other law.
  3. The office of a member of the Privy Council appointed under this section shall become vacant
    1. at the expiration of fifteen years from the date of his appointment or such shorter period as may be specified in the instrument by which he was appointed;
    2. when he attains the age of seventy-five; or
    3. if his appointment is revoked by the Governor-General, acting after consultation with the Prime Minister, by instrument under the Public Seal.

77

  1. The Privy Council shall not be summoned except by the authority of the Governor-General acting in his discretion.
  2. The Governor-General shall, so far as is practicable, attend and preside at all meetings of the Privy Council.
  3. Subject to the provisions of this Constitution, the Privy Council may regulate its own procedure.
  4. The question whether the Privy Council has validly performed any function vested in it by this Constitution shall not be inquired into any court.

78

  1. The Governor-General may, in Her Majesty’s name and on Her Majesty’s behalf—
    1. grant to any person convicted of any offence against the law of Barbados a pardon, either free or subject to lawful conditions;
    2. grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence;
    3. substitute a less severe form of punishment for that imposed on any person for such an offence; or
    4. remit the whole or part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to the Crown on account of such an offence.
  2. The Governor-General shall, in the exercise of the powers conferred on him by subsection (1) or of any power conferred on him by any other law to remit any penalty or forfeiture due to any person other than the Crown, act in accordance with the advice of the Privy Council.
  3. Where any person has been sentenced to death for an offence against the law of Barbados, the Governor-General shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the Governor-General may require, to be forwarded to the Privy Council so that the Privy Council may advise him on the exercise of the powers conferred on him by subsection (1) in relation to that person.
  4. The power of requiring information conferred upon the Governor-General by subsection (3) shall be exercised by him on the recommendation of the Privy Council or, in any case in which in his judgment the matter is too urgent to admit of such recommendation being obtained by the time within which it may be necessary for him to act, in his discretion.
  5. A person has a right to submit directly or through a legal or other representative written representation in relation to the exercise by the Governor-General or the Privy Council of any of their respective functions under this section, but is not entitled to an oral hearing.
  6. The Governor-General, acting in accordance with the advice of the Privy Council, may by instrument under the Public Seal direct that there shall be time-limits within which persons referred to in subsection (1) may appeal to, or consult, any person or body of persons (other than Her Majesty in Council) outside Barbados in relation to the offence in question; and, where a time-limit that applies in the case of a person by reason of such a direction has expired, the Governor-General and the Privy Council may exercise their respective functions under this section in relation to that person, notwithstanding that such an appeal or consultation as aforesaid relating to that person has not been concluded.
  7. Nothing contained in subsection (6) shall be construed as being inconsistent with the right referred to in paragraph (c) of section 11.

79

  1. There shall be a Director of Public Prosecutions whose office shall be a public office.
  2. The Director of Public Prosecutions shall, subject to section 79A, have power in any case in which he considers it desirable so to do—
    1. to institute and undertake criminal proceedings against any person before any court other than a court-martial in respect of any offence against the law of Barbados;
    2. to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and
    3. to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
  3. The powers of the Director of Public Prosecutions under subsection (2) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.
  4. Subject to section 79A, the powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (2) shall be vested in him to the exclusion of any other person or authority:Provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.
  5. Subject to section 79A, in the exercise of the powers conferred upon him by this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.
  6. For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court or to the Caribbean Court of Justice shall be deemed to be part of those proceedings.
  7. The Director of Public Prosecutions shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and an oath for the due execution of his office in the form set out in the First Schedule.

79A

  1. The Attorney-General may, in the case of any offence to which this section applies, give general or special directions to the Director of Public Prosecutions as to the exercise of the powers conferred upon the Director of Public Prosecutions by section 79, and the Director of Public Prosecutions shall act in accordance with those directions.
  2. This section applies to –
    1. offences under the laws of Barbados relating to –
      1. piracy,
      2. trading or otherwise dealing in slaves,
      3. foreign enlistment,
      4. publications calculated to interfere with the peaceful relations of Barbados with foreign states,
      5. high treason, treason, misprision of treason or treachery,
      6. sedition or seditious meetings,
      7. official secrets,
      8. mutiny or incitement to mutiny,
      9. unlawful oaths; and
    2. any offence under an enactment relating to any right or obligation of Barbados under international law.

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