Antigua and Barbuda 1981 Constitution - Page 5 of 12

Table of Contents

CHAPTER IV. PARLIAMENT

PART 1. Establishment and composition of Parliament

27. Establishment of Parliament

There shall be a Parliament in and for Antigua and Barbuda which shall consist of Her Majesty, a Senate and a House of Representatives.

The Senate

28. Composition of the Senate

The Senate shall consist of seventeen persons who, being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this section and such temporary members (if any) as may be appointed in accordance with the provisions of section 32 of this Constitution.
Ten Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister.
Four Senators shall be appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.
Subject to subsection (7) of this section, one Senator shall be appointed by the Governor-General in his discretion from outstanding persons or persons representing such interests as the Governor-General considers ought to be represented in the Senate.
One Senator shall be appointed by the Governor-General acting in accordance with the advice of the Barbuda Council.
One Senator, being an inhabitant of Barbuda, shall be appointed by the Governor-General in accordance with the advice of the Prime Minister.
Before appointing any person representing interests under subsection (4) of this section the Governor-General shall consult such persons as in his discretion he considers can speak for the interests concerned and ought to be consulted.

29. Qualifications for appointment as Senators

Subject to the provisions of section 30 of this Constitution any person who at the date of his appointment-

is a citizen of the age of twenty-one years or upwards;
has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of his appointment; and
is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the Senate,

shall be qualified to be appointed as a Senator.

30. Disqualifications from appointment as Senators

No person shall be qualified to be appointed as a Senator who-
1. is, by virtue of his own act, under any acknowledgement or allegience, obedience or adherence to a foreign power or state;
2. is a member of the House;
3. is an undischarged bankrupt, having been declared bankrupt under any law;
4. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;
5. is under sentence of death imposed on him by a court or has been sentenced to imprisonment (by whatever name called) for a term of or exceeding twelve months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor, or received a free pardon;
6. is disqualified for election to the House by or under any law by reason of his connection with any offence relating to elections;
7. holds or is acting in any public office or in the office of judge of the Supreme Court or Ombudsman, or is a member of the Constituencies Boundaries Commission, the Judicial and Legal Services Commission, the Public Service Commission or the Police Service Commission;
8. has, within the period of ten years immediately preceding the proposed date of his appointment as a Senator, been convicted on indictment by a court of competent jurisdiction of theft, fraud or other such crime involving dishonesty and who-
  1. has not appealed against that conviction; or
  2. has appealed against that conviction and whose appeal has not been allowed; and
  3. has not received a free pardon in respect of the offence; or
9. is a minister of religion.
Without prejudice to the provisions of subsection (1)(g) of this section, Parliament may provide that person shall not be qualified for appointment as a Senator in any of the following cases-
1. if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of an election or the compilation or revision of any register of electors for the purposes of an election;
2. subject to any exceptions and limitations prescribed by Parliament, if-
  1. he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment;
  2. he belongs to any armed force of Antigua and Barbuda or to any class of person that is comprised in any such force; or
  3. he belongs to the Police Force or to any class of person that is comprised in the Police Force.
For the purpose of subsection (1)(e) of this section-
1. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and
2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

31. Tenure of office of Senators

Every Senator shall vacate his seat in the Senate-
1. at the next dissolution of Parliament after he has been appointed;
2. if he is with his consent nominated as a candidate for election to the House;
3. if he ceases to be a citizen;
4. if he is absent from the sittings of the Senate for such period or periods and in such circumstances as may be prescribed by the rules of procedure of the Senate;
5. subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of subsection (1) of section 30 of this Constitution or of any law enacted in pursuance of subsection (2) of that section;
6. if the Governor-General, acting in accordance with the advice of Prime Minister in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Barbuda Council in the case of a Senator appointed in accordance with that advice, or in his discretion in the case of a Senator appointed by him in his discretion, declares the seat of that Senator to be vacant; or
7. if, having been appointed under the provisions of section 28(6) of this Constitution, he ceases to be an inhabitant of Barbuda.

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If circumstances such as are referred to in subsection (1)(e) of this section arise because a Senator is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt or is convicted of any offence relating to elections in circumstances that disqualify him for election to the House, and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of thirty days thereinafter:Provided that the President may, at the request of the Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Senate.
If on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a Senator.

32. Appointment of temporary Senators

Whenever a Senator is incapable of performing his functions as a Senator by reason of his absence from Antigua and Barbuda or by reason of his suspension under section 31(2) of this Constitution or by reason of illness, the Governor-General may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate during such absence, suspension or illness.
The provisions of section 31 of this Constitution shall apply to a member of the Senate appointed under this section as they apply to a Senator appointed under section 28 of this Constitution and an appointment made under this section shall in any case cease to have effect if the person appointed is notified by the Governor-General that the circumstances giving rise to his appointment have ceased to exist.
In the exercise of the powers conferred upon him by this section, the Governor-General shall act-
1. in accordance with the advice of the Prime Minister in relation to a Senator appointed in pursuance of section 28(2) or 28(6) of this Constitution;
2. in accordance with the advice of the Leader of the Opposition in relation to a Senator appointed in pursuance of section 28(3) of this Constitution;
3. in his discretion in relation to a Senator appointed by him pursuant to section 28(4) of this Constitution; and
4. in accordance with the advice of the Barbuda Council in relation to a Senator appointed in pursuance of section 28(5) of this Constitution.

33. President and Vice-President

When the Senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a Senator to be President, and if the office of President falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as practicable, elect another Senator to be President.
When the Senate first meets after any general election and before it proceeds to any other business except the election of the President, it shall elect a Senator to be Vice-President; and if the office of Vice-President falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as practicable, elect another Senator to be Vice-President.
The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary to be President or Vice-President.
No business (other than the election of a President) shall be transacted in the Senate at any time when the office of the President is vacant.
A person shall vacate the office of President or Vice-President-
1. if he ceases to be a Senator, except that the President shall not vacate his office by reason only that he has ceased to be a Senator on a dissolution of Parliament until the Senate first meets after that dissolution; or
2. if he is appointed to be a Minister or Parliamentary Secretary or;
3. in the case of the Vice-President, if he is elected to be President.

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If, under section 31(2) of this Constitution, the person who is President or Vice-President is suspended from the performance of his functions as a Senator, he shall also cease to perform his functions as President or Vice-President, as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance of his functions as Senator, be performed-
1. in the case of the President, by the Vice-President or if the office of Vice-President is vacant or the person who is Vice-President is suspended from the performance of his functions as a Senator under section 31(2) of this Constitution, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose; and
2. in the case of the Vice-President, by such Senator (not being a Minister or Parliamentary Secretary) as the Senate may elect for the purpose.
If the President or Vice-President resumes the performance of his functions as a Senator in accordance with the provisions of section 31(2) of this Constitution, he shall also resume the performance of his functions as President or Vice-President, as the case may be.

34. Attendance of Attorney-General at proceedings of Senate

The President, Vice-President or other member presiding in the Senate may request the Attorney-General to attend any proceedings of the Senate if he considers that the business before the Senate in those proceedings makes the presence of the Attorney-General desirable; and where he is so requested the Attorney-General may take part in the proceedings of the Senate solely for the purpose of giving explanations concerning matters before the Senate in those proceedings and he shall not vote in the Senate.

35. Attendance at proceedings of Senate of Ministers who are members of the House

The President, Vice-President or other member presiding in the Senate may request a Minister who is a member of the House to attend any proceedings of the Senate if he considers that the business before the Senate in those proceedings falls within the portfolio of the Minister concerned and if he considers the presence of such Minister desirable.
A Minister who is so requested to attend any proceedings of the Senate may take part in the proceedings solely for the purpose of giving explanations concerning matters falling within his portfolio and he shall not vote in the Senate.

The House of Representatives

36. Composition of the House

Subject to the provisions of this section, the House shall consist of a number of elected members equal to the number of constituencies from time to time established by Order under Part 4 of this Chapter, who shall be elected in such a manner as may, subject to the provisions of this Constitution, be prescribed by or under any Act of Parliament.
If the person holding the office of Speaker is not otherwise a member of the House, he shall be a member of the House by virtue of holding that office.
If the person holding or acting in the office of Attorney-General is not otherwise a member of the House he shall be a member of the House by virtue of holding or acting in that office but shall not vote in the House.

37. Attendance at proceedings of the House of Ministers who are Senators

The Speaker, Deputy Speaker or other member presiding in the House may request a Minister who is a Senator to attend any proceedings of the House if he considers that the business before the House in those proceedings falls within the portfolio of the Minister concerned and if he considers the presence of such Minister desirable.
A Minister who is so requested to attend any proceedings of the House may take part in the proceedings solely for the purpose of giving explanations concerning matters falling within his portfolio and he shall not vote in the House.

38. Qualifications for election as a member of the House

Subject to the provisions of section 39 of this Constitution, any person who at the date of his election-

is a citizen of the age of twenty-one years or upwards;
has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of his election; and
is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the House,

shall be qualified to be elected as a member of the House.

39. Disqualifications from election as a member of the House

No person shall be qualified to be elected as a member of the House who-
1. is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
2. is a Senator or temporary member of the Senate;
3. is an undischarged bankrupt, having been declared bankrupt under any law;
4. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;
5. is under sentence of death imposed on him by a court or has been sentenced to imprisonment (by whatever name called) for a term of or exceeding twelve months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor, or received a free pardon;
6. is disqualified for appointment to the House by or under any law by reason of his connection with any offence relating to elections;
7. holds or is acting in any public office or in the office of judge of the Supreme Court or Ombudsman or is a member of the Constituencies Boundaries Commission, the Judicial and Legal Services Commission, the Public Service Commission or the Police Service Commission;
8. has, within the period of ten years immediately preceding the proposed date of his election as a member of the House, been convicted on indictment by a court of competent jurisdiction of theft, fraud, or other such crime involving dishonesty and who-
  1. has not appealed against that conviction, or
  2. has appealed against that conviction and whose appeal has not been allowed; and
  3. has not received a free pardon in respect of the offence; or
9. is a minister of religion.
Without prejudice to the provisions of subsection (1)(g) of this section, Parliament may provide that a person shall not be qualified for election as a member of the House in any of the following cases-
1. if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of an election or the compilation or revision of any register of electors for the purposes of an election;
2. subject to any exceptions and limitations prescribed by Parliament, if-
  1. he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment; or
  2. he belongs to any armed force of Antigua and Barbuda or to any class of person that is comprised in any such force.
For the purpose of subsection (1)(e) of this section,
1. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months but if any of such sentences exceeds that term they shall be regarded as one sentence; and
2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

40. Election of members of the House

Each of the constituencies established in accordance with the provisions of section 62 of this Constitution shall return one member to the House who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.
Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Antigua and Barbuda as Parliament may prescribe shall, unless he is disqualified by any law from registration as a voter for the purpose of electing a member of the House, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf and no other person may be registered.
Every person who is registered as a voter in pursuance of subsection (2) of this section in any constituency shall, unless he is disqualified by any law from voting in that constituency in any election of members of the House, be entitled so to vote in accordance with the provisions of any law in that behalf.
In any election of members of the House the votes shall be exercised freely and shall be given by secret ballot in such manner as Parliament may prescribe.

41. Tenure of seats of members of the House

1. Every member of the House shall vacate his seat in the House-
  1. at the next dissolution of Parliament after he has been elected;
  2. if he ceases to be a citizen;
  3. if he is absent from the sittings of the House for such period or periods and in such circumstances as may be prescribed in the rules of procedure of the House;
  4. subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified from election as such by virtue of section 39(1) of this Constitution; or
  5. if, having been elected to the House by virtue of being a member of a political party, he resigns his party whip and withdraws his allegiance from that party:
  Provided that he shall not be required to vacate his seat so long as he remains an independent member of the House.

2

1. If circumstances such as are referred to in subsection (1)(d) of this section arise because a member of the House is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt, or is convicted of any offence relating to elections in circumstances that disqualify him for election to the House, and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the House but, subject to the provision of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter:Provided that the Speaker may, at the request of the member from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House.
2. If on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal to leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
3. If at any time before the member of the House vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member of the House.
Where an elected member of the House vacates his seat in the House pursuant to the provisions of paragraph (b) to (e) of subsection (1) of this section or of subsection (2) of this section or where the seat of an elected member of the House is vacant for any other reason except a dissolution of Parliament, there shall be a by-election to fill the seat in the House vacated by that member and the by-election shall be held not later than one hundred and twenty days after the day on which the seat of the member of the House became vacant unless Parliament is sooner dissolved.

42. Speaker and Deputy Speaker

1. When the House first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament the House shall, as soon as practicable, elect another person to that office.
2. The Speaker may be elected either from among the members of the House or from among persons who are not members of the House but are qualified to be elected as such.
3. When the House first meets after any general election, and before it proceeds to any other business except the election of the Speaker, it shall elect a member of the House to be Deputy Speaker, and if the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament the House shall, as soon as practicable, elect another such member to that office.
4. The House shall not elect a member who is a Minister or Parliamentary Secretary to be a Speaker or Deputy Speaker of the House.
5. No business (other than the election of a Speaker) shall be transacted in the House at any time when the office of Speaker is vacant.
6. A person shall vacate the office of Speaker-
  1. in the case of a Speaker elected from among persons who are not members of the House-
    1. when the House first meets after any dissolution of Parliament; or
    2. if he ceases to be a citizen;
    3. if any circumstances arise that would cause him to be disqualified for election as a member of the House by virtue of any of the provisions of section 39 of this Constitution; or
  2. in the case of a Speaker elected from among the members of the House-
    1. if he ceases to be a member of the House except that the Speaker shall not vacate his office by reason only that he has ceased to be a member of the House on a dissolution of Parliament until the House first meets after the dissolution; or
    2. if he is appointed to be a Minister or Parliamentary Secretary.
7. A person shall vacate the office of Deputy Speaker-
  1. if he ceases to be a member of the House;
  2. if he is appointed to be a Minister or a Parliamentary Secretary; or
  3. if he is elected to be Speaker.

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1. If, by virtue of section 41(2) of this Constitution, the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House, he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed-
  1. in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House by virtue of section 41(2) of this Constitution, by such member of the House (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose; or
  2. in the case of the Deputy Speaker, by such member of the House (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose.
If the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House in accordance with the provisions of section 41(2) of this Constitution, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

43. Clerks to Houses of Parliament and their staffs

There shall be a Clerk to the Senate and a Clerk to the House but the two offices may be held by the same person.
Subject to the provisions of any law enacted by Parliament, the office of Clerk of each House of Parliament and the offices of the members of their staff shall be public offices.

44. Determination of questions of membership

The High Court shall have jurisdiction to hear and determine any question whether-
1. any person has been validly elected as a member of the House;
2. any person has been validly appointed as a Senator or as a temporary member of the Senate;
3. any person who has been elected as Speaker from among persons who were not members of the House was qualified to be so elected or has vacated the office of Speaker; or
4. any member of the House has vacated his seat or is required under the provisions of section 41(2) of this Constitution to cease to perform any of his functions as a member of the House.
Any application to the High Court for the determination of any question under subsection (1)(a) of this section may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the Attorney-General.
An application to the High Court for the determination of any question under subsection (1)(b) or subsection (1)(c) of this section may be made by any member of the House or by the Attorney-General.
An application to the High Court for the determination of any question under subsection (1)(d) of this section may be made-
1. by any member of the House or by the Attorney-General; or
2. in the case of the seat of a member of the House; by any person registered in some constituency as a voter for the purpose of electing members of the House.
If any application is made by a person other than the Attorney-General to the High Court for the determination of any question under this section, the Attorney-General may intervene and may then appear or be represented in the proceedings.
An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining such a question as is referred to in subsection (1) of this section.
The circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under this section and the powers, practice and procedure of the High Court and the Court of Appeal in relation to any such application shall be regulated by such provision as may be made by Parliament.
No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section.
In the exercise of his functions under this section the Attorney-General shall not be subject to the direction or control of any other person or authority.

45. Unqualified persons sitting or voting

Any person who sits or votes in either House of Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding five hundred dollars, or such other sum as may be prescribed by Parliament, for each day on which he or she sits or votes in that House.
Any prosecution for an offence under this section shall be instituted in the High Court and shall not be so instituted except by the Director of Public Prosecutions.

PART 2. Powers and Procedure of Parliament

46. Power to make laws

Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Antigua and Barbuda.

47. Alteration of this Constitution and Supreme Court Order

Parliament may alter any of the provisions of this Constitution or of the Supreme Court Order in the manner specified in the following provisions of this section.
A bill to alter this Constitution or the Supreme Court Order shall not be regarded as being passed by the House unless on its final reading in the House the bill is supported by the votes of not less than two-thirds of all the members of the House.
An amendment made by the Senate to such a bill as is referred to in subsection (2) of this section that has been passed by the House shall not be regarded as being agreed to by the House for the purpose of section 55 of this Constitution unless such agreement is signified by resolution supported by the votes of not less than two-thirds of all the members of the House.
For the purposes of section 55(4) of this Constitution, an amendment of a bill to alter this Constitution or the Supreme Court Order shall not be suggested to the Senate by the House unless a resolution so to suggest the amendment has been supported by the votes of not less than two-thirds of all the members of the House.
A bill to alter this section, schedule 1 to this Constitution or any of the provisions of this Constitution specified in Part I of that schedule or any of the provisions of the Supreme Court Order specified in Part II of that schedule shall not be submitted to the Governor-General for his assent unless-
1. there has been an interval of not less than ninety days between the introduction of the bill in the House and the beginning of the proceedings in the House on the second reading of the bill in that House;
2. after it has been passed by both Houses of Parliament or, in the case of a bill to which section 55 of this Constitution applies, after its rejection by the Senate for the second time; and
3. the bill has been approved on a referendum, held in accordance with such provisions as may be made in that behalf by Parliament, by not less than two-thirds of all the votes validly cast on that referendum.
Every person who, at the time when the referendum is held, would be entitled to vote in elections of members of the House shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum and no other person shall be entitled so to vote.
The conduct of any referendum for the purposes of subsection (5) of this section shall be under the general supervision of the Supervisor of Elections and shall be in accordance with such provisions as may be made in that behalf by Parliament.

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A bill to alter this Constitution or the Supreme Court Order shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate under the hand of the Speaker (or, if the Speaker is for any reason unable to exercise the functions of his office, the Deputy Speaker) that the provisions of subsection (2), (3) or (4), as the case may be, of this section have been complied with and, where a referendum has been held, by a certificate of the Supervisor of Elections stating the results of the referendum.
The certificate of the Speaker or, as the case may be, the Deputy Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section have been complied with and shall not be enquired into in any court of law.

48. Oath of allegiance by members of Parliament

No member of either House of Parliament shall take part in the proceedings of that House (other than proceedings necessary for the purpose of this section) until he has made and subscribed before that House the oath of allegiance:Provided that the election of a President or Vice-President and the election of a Speaker and Deputy Speaker may take place before the members of the Senate or the House, as the case may be, have made and subscribed such oath.
References in this section to a member of a House of Parliament include references to any person who is a member of the House by virtue of holding the office of Speaker or by virtue of holding or acting in the office of Attorney-General.

49. Presiding in Senate and House

The President or, in his absence, the Vice-President or, if they are both absent, a Senator (not being a Minister or a Parliamentary Secretary) elected by the Senate for that sitting shall preside at any sitting of the Senate:Provided that the President or Vice-President, as the case may be, shall not preside when a motion for his removal from office is before the Senate.
The Speaker, or in his absence, the Deputy Speaker, or if they are both absent, a member of the House (not being a Minister or Parliamentary Secretary) elected by the House for that sitting shall preside at any sitting of the House:Provided that the speaker or Deputy Speaker, as the case may be, shall not preside when a motion for his removal from office is before the House.

50. Quorom

If at any sitting of either House of Parliament any member of that House who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the rules of procedure of that House, the person presiding at the sitting ascertains that a quorum of that House is still not present, that House shall be adjourned.
For the purpose of this section a quorum of the Senate shall consist of six members, and a quorum of the House shall consist of six members or such greater number in each case as may be prescribed by Parliament and in neither case shall the person presiding at the sitting be included in reckoning whether there is a quorum present.

51. Voting

Save as otherwise provided in this Constitution, any question proposed for decision in a House of Parliament shall be determined by a majority of the votes of the members present and voting.
The President or other member presiding in the Senate and the Speaker or other member presiding in the House shall not vote unless on any question the votes are equally divided, in which case, except as otherwise provided in this section, he shall have and exercise a casting vote:Provided that in the case of the question of the final reading of a bill as is referred to in section 47(2) of this Constitution a Speaker or other member presiding in the House who is an elected member of the House shall have an original vote but no casting vote.
A Speaker who is not an elected member of the House shall have neither an original nor a casting vote and if, upon any question before the House when such a Speaker is presiding, the votes of the members are equally divided, the motion shall be lost.

52. Mode of exercising legislative power

The power of Parliament to make laws shall be exercised by bills passed by the Senate and the House (or in the cases mentioned in sections 54 and 55 of this Constitution by the House) and assented to by the Governor-General on behalf of Her Majesty.
When a bill is presented to the Governor-General for assent in accordance with this Constitution, he shall signify that he assents thereto.
When the Governor-General assents to a bill that has been submitted to him in accordance with the provisions of this Constitution the bill shall become law and the Clerk of the House shall thereupon cause it to be published in the Official Gazette as law.
No law made by Parliament shall come into operation until it has been published in the Official Gazette but Parliament may postpone the coming into operation of any such law.

53. Restrictions with regard to certain financial measures

A bill other than a money bill may be introduced in either House of Parliament; a money bill shall not be introduced in the Senate.
Except on the proposal of a Minister authorised so to do by the Cabinet, neither House shall-
1. proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:-
  1. for the imposition of taxation or the alteration of taxation otherwise than by reduction;
  2. for the imposition of any charge upon the Consolidated Fund or any other public fund of Antigua and Barbuda or the alteration of any such charge otherwise than by reduction:
  3. for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of Antigua and Barbuda of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal; or
  4. for the composition or remission of any debt due to the Crown; or
2. proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

54. Restrictions on powers of Senate as to money bills

If a money bill, having been passed by the House and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to the Senate, the bill shall, unless the House otherwise resolves, be presented to the Governor-General for assent notwithstanding that the Senate has not consented to the bill.
There shall be endorsed on every money bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a money bill; and there shall be endorsed on any money bill that is presented to the Governor-General for assent in pursuance of subsection (1) of this section, the certificate of the Speaker signed by him that it is a money bill and that the provisions of that subsection have been complied with.

55. Restrictions on powers of Senate as to bills other than money bills

This section applies to any bill other than a money bill that is passed by the House in two successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions.
A bill to which this section applies shall, on its rejection for the second time by the Senate, unless the House otherwise resolves, be submitted to the Governor-General for assent notwithstanding that the Senate has not consented to the bill:Provided that-
1. the foregoing provisions of this subsection shall not have effect unless at least three months have elapsed between the date on which the bill is passed by the House in the first session and the date on which it is passed by the House in the second session; and
2. a bill such as is referred to in subsection (5) of section 47 of this Constitution shall not be submitted to the Governor-General for his assent unless the provisions of that subsection have been complied with and the power conferred on the House by this subsection to resolve that a bill shall not be presented to the Governor-General for assent shall not be exercised in respect of such a bill.
For the purposes of this section a bill that is sent to the Senate from the House in any session shall be deemed to be the same bill as a former bill sent to the Senate in the preceding session if, when it is sent to the Senate, it is identical with the former bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the Senate in the former bill in the preceding session.
The House may, if it thinks fit, on the passage through the House of a bill that is deemed to be the same bill as a former bill sent to the Senate in the preceding session, suggest any amendments without inserting the amendments in the bill, and any such amendments shall be considered by the Senate and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House; but the exercise of this power by the house shall not affect the operation of this section in the event of the rejection of the bill in the Senate.
There shall be inserted in any bill that is submitted to the Governor-General for assent in pursuance of this section any amendments that are certified by the Speaker to have been made in the bill by the Senate in the second session and agreed to by the House.
There shall be endorsed on any bill that is presented to the Governor-General for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.

56. Provisions relating to sections 53, 54 and 55

In sections 53, 54 and 55 of this Constitution, “money bill” means a public bill which, in the opinion of the speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes, of charges on public money, or the variation or repeal of any such charges; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions “taxation”, “debt”, “public money” and “loan” do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes.
For the purposes of section 52 of this Constitution, a bill shall be deemed to be rejected by the Senate if-
1. it is not passed by the Senate without amendment; or
2. it is passed by the Senate with any amendment that is not agreed to by the House.
Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred on him by section 54 or 55 of this Constitution or subsection (1) of this section, that function may be performed by the Deputy Speaker.
Any certificate of the Speaker or Deputy Speaker given under section 54 or 55 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court of law.

57. Regulation of Procedure of Houses of Parliament

Subject to the provisions of this Constitution, each House of Parliament may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.
Each House of Parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

58. Freedom of speech in proceedings of Parliament

Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of Parliament and its committees, or the privileges and immunities of the members and officers of either House of Parliament and of other persons concerned in the business of Parliament or its committees, no civil or criminal proceedings may be instituted against any member of either House of Parliament for words spoken before, or written in a report to, the House of Parliament of which he is a member or a committee thereof or any joint committee of the Senate and the House or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.
References in this section to a member of a House of Parliament include references to any person who is a member of the House by virtue of holding the office of Speaker or by virtue of holding or acting in the office of Attorney-General.
Where the Attorney-General or a Minister takes part in the proceedings of the Senate in accordance with a request made under section 34 or, as the case may be, under section 35 of this Constitution, and gives explanations in the Senate pursuant to those sections, the provisions of subsection (1) of this section shall apply in relation to the Attorney-General or, as the case may be, to that Minister as they apply in relation to a member of the Senate.
Where a Minister takes part in the proceedings of the House in accordance with a request under section 37 of this Constitution and gives explanations in the House pursuant to that section, the provisions of subsection (1) of this section shall apply in relation to that Minister as they apply in relation to a member of the House.

PART 3. Summoning, Prorogation and Dissolution of Parliament

59. Sessions of Parliament

Each session of Parliament shall be held at such place within Antigua and Barbuda and shall begin at such time (not being later than six months from the end of the preceding session if Parliament has been prorogued or four months from the end of that session if Parliament has been dissolved) as the Governor-General shall by Proclamation appoint.
Subject to the provisions of subsection (1) of this section, not more than three months shall elapse between sittings of Parliament during any session of Parliament and, subject thereto, the sittings of Parliament shall be held at such time and place as Parliament may, by its rules of procedure or otherwise, determine.

60. Prorogation and dissolution of Parliament

Subject to the provisions of subsection (5) of this section, the Governor-General, acting in accordance with the advice of the Prime Minister, may at any time prorogue or dissolve Parliament.
Subject to the provisions of subsection (3) of this section, Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution, and shall then stand dissolved.
At any time when Her Majesty is at war, Parliament may extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time so, however, that the life of Parliament shall not be extended under this subsection for more than five years.
Where between a dissolution of Parliament and the next ensuing general election of members to the House, an emergency arises of such a nature that in the opinion of the Prime Minister, it is necessary for the two Houses to be summoned before the general election can be held, the Governor-General, acting in accordance with the advice of the Prime Minister, may summon the two Houses of the preceding Parliament but the election of members of the House shall proceed and the Parliament that has been summoned shall, if not sooner dissolved, again stand dissolved on the day on which the general election is held.
The Governor-General in his discretion may dissolve Parliament if the majority of all the members of the House pass a resolution that they have no confidence in the Government and the Prime Minister does not within seven days of the passing of that resolution either resign from his office or advise a dissolution of Parliament.

61. General elections and appointment of Senators

A general election of members of the House shall be held at such time within three months after every dissolution of Parliament as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint.
As soon as practicable after every general election the Governor-General shall proceed under section 28 of this Constitution to the appointment of Senators.

PART 4. Delimitations of Constituencies

62. Constituencies

For the purpose of the election of members of the House, Antigua and Barbuda shall be divided into such number of constituencies, at least one of which shall be within Barbuda, having such boundaries as may be provided for by an Order made by the Governor-General in accordance with the provisions of section 65 of this Constitution.
Each constituency shall return one member to the House.

63. Constituencies Boundaries Commission

There shall be a Constituencies Boundaries Commission for Antigua and Barbuda which shall be appointed from time to time to review the number, and the boundaries, of the constituencies and report thereon to the Speaker in accordance with the provisions of this Part and which shall consist of-
1. a chairman who shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister given after the Prime Minister has consulted with the Leader of the Opposition;
2. two members appointed by the Governor-General acting in accordance with the advice of the Prime Minister; and
3. one member appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.
A person shall not be qualified to be appointed as a member of a Constituencies Boundaries Commission if he is a Senator, a member of the House or a public officer.
Subject to the provisions of this section, a member of a Constituencies Boundaries Commission shall vacate his office if any circumstances arise that, if he were not a member of a Constituencies Boundaries Commission, would cause him to be disqualified for appointment as such.
All members of a Constituencies Boundaries Commission shall vacate office and the Commission shall cease to exist-
1. twelve months after the date when the report of the Commission is submitted to the Speaker under section 64 of this Constitution;
2. on the date when an Order consequent upon the report of the Commission is made the Governor-General under section 65 of this Constitution; or
3. at the dissolution of Parliament next after the appointment of the Commission,
whichever is the earlier.
A member of a Constituencies Boundaries Commission may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section.
A member of a Constituencies Boundaries Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
If the Prime Minister or the Leader of the Opposition represents to the Governor-General that the question of removal of a member of a Constituencies Boundaries Commission from office for inability as aforesaid or for misbehaviour ought to be investigated then-
1. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Governor-General, acting in accordance with the advice of the Chief Justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; and
2. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the member of the Constituencies Boundaries Commission ought to be removed from office for inability as aforesaid or for misbehaviour.
A Constituencies Boundaries Commission may regulate its own procedure.
A Constituencies Boundaries Commission may, with the consent of the Prime Minister, confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.
A Constituencies Boundaries Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present or to participate in those proceedings:Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
In the exercise of its functions under this Constitution, a Constituencies Boundaries Commission shall not be subject to the control or direction of any other person or authority.

64. Report by Commission

A Constituencies Boundaries Commission shall on its appointment forthwith proceed to review the number of constituencies into which Antigua and Barbuda is divided and the boundaries thereof and shall submit a report to the Speaker stating whether, and if so what, alterations the Commission recommends should be made to the number or the boundaries of those constituencies.
A report by a Constituencies Boundaries Commission shall be submitted to the Speaker under this section not less than two or more than five years after the date when the last such report was submitted.
In reviewing the number, and the boundaries, of the constituencies and making its report thereon, a Constituencies Boundaries Commission shall be guided by such general principles as may be prescribed by Parliament.

65. Procedure upon Report

As soon as may be after a Constituencies Boundaries Commission has submitted a report under section 64 of this Constitution, the Prime Minister shall lay before the House for its approval the draft of an Order by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft Order may make provision for any matters which appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.
Where any draft Order submitted to the House under this section gives effect to any such recommendations with modifications, the Prime Minister shall lay before the House together with the draft Order a statement of the reasons for the modifications.
If the motion for the approval of any draft Order laid before the House under this section is rejected by the House, or is withdrawn by leave of the House, the Prime Minister shall amend the draft Order and lay the amended draft before the House.
If any draft Order laid before the House under this section is approved by resolution of the House, the Prime Minister shall submit it to the Governor-General who shall make an Order in terms of the draft; and that Order shall come into force upon the next dissolution of Parliament after it is made.
The question of the validity of any Order by the Governor-General purporting to be made under this section and reciting that a draft thereof had been approved by resolution of the House shall not be enquired into in any court of law.

PART 5. The Ombudsman

66. Establishment, appointment, functions etc. of Ombudsman

There shall be an officer of Parliament who shall be known as the Ombudsman who shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office.
The Ombudsman shall be appointed by resolutions of each House of Parliament for such term as may be prescribed therein.
The Ombudsman shall not enter upon the duties of his office until he has taken and subscribed before the Speaker the oath of allegiance and the oath of office.
Parliament may make provision for the functions, powers and duties of the Ombudsman.
The Ombudsman may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
The Ombudsman shall be removed from office by resolutions of both Houses of Parliament if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to Parliament that he ought to be removed from office for inability as aforesaid or for misbehaviour.
If by both Houses of Parliament it is resolved that the question of removing the Ombudsman under this section ought to be investigated, then-
1. the Speaker shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and
2. the tribunal shall enquire into the matter and report on the facts thereof to the Speaker and recommend to Parliament through the Speaker whether the Ombudsman ought to be removed under this section.
If the question of removing the Ombudsman has been referred to a tribunal under this section, both Houses of Parliament may by resolution suspend the Ombudsman from the functions of his office and any such suspension may at any time be revoked by resolutions of both Houses of Parliament, and shall in any case cease to have effect if the tribunal recommends to Parliament through the Speaker that the Ombudsman should not be removed.
If at any time the Ombudsman is for any reason unable to exercise the functions of his office, both Houses of Parliament may by resolutions appoint a person to act as Ombudsman, and any person so appointed shall, subject to the provisions of subsections (7) and (8) of this section, continue to act until the Ombudsman has resumed his functions or until the appointment to act has been revoked by resolutions of both Houses of Parliament.
The Ombudsman shall, in the exercise of his functions under this Constitution, not be subject to the direction or control of any other person or authority.

PART 6. The Supervisor of Elections

67. Appointment, functions and removal of Supervisor of Elections

The Governor-General shall by notice published in the Gazette appoint a Supervisor of Elections on resolutions to that effect of both Houses of Parliament specifying the person nominated for appointment.
The Supervisor of Elections shall have and exercise such functions, powers and duties as may be provided by law.
The office of the Supervisor of Elections shall be a public office.
Subject to the provisions of subsection (6) of this section, the Supervisor of Elections shall vacate his office when he attains such age, or at the expiration of such term, as may be prescribed by Parliament.
A person holding the office of Supervisor of Elections may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
The Supervisor of Elections shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehaviour.
If resolutions of both Houses of Parliament are passed to the effect that the question of removing the Supervisor of Elections under this section ought to be investigated then-
1. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and
2. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Supervisor of Elections ought to be removed under this section.
If the question of removing the Supervisor of Elections has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Supervisor of Elections from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Supervisor of Elections should not be removed.
If at any time the Supervisor of Elections is for any reason unable to exercise the functions of his office, the Governor-General shall by notice published in the Official Gazette appoint a person to act as Supervisor of Elections on resolutions to that effect of both Houses of Parliament specifying the person nominated for appointment, and any person so appointed shall, subject to the provisions of subsections (7) and (8) of this section, continue to act until the Supervisor of Elections has resumed his functions or until the appointment to act has been revoked by the Governor-General on resolutions to that effect by both Houses of Parliament.