Saint Vincent and the Grenadines 1979 Constitution - Page 4 of 11

Table of Contents

CHAPTER III. PARLIAMENT

PART 1. Composition of Parliament

23. Establishment

There shall be a Parliament of Saint Vincent which shall consist of Her Majesty and a House of Assembly.

24. Composition of House of Assembly

The House shall consist of–
1. such number of Representatives as corresponds with the number of constituencies for the time being established in accordance with the provisions of section 33 of this Constitution, who shall be elected in accordance with the provisions of section 27 of this Constitution; and
2. six Senators appointed in accordance with the provisions of section 28 of this Constitution.
If a person who is not a member of the House is elected to be Speaker he shall, by virtue of holding the office of Speaker, be a member of the House.
At any time when the office of Attorney-General is a public office, the Attorney-General shall, by virtue of holding or acting in that office, be a member of the House.

25. Qualifications for Representatives and Senators

Subject to the provisions of section 26 of this Constitution, a person shall be qualified to be elected as a Representative if, and shall not be so qualified unless, he–
1. is a Commonwealth citizen of the age of twenty-one years or upwards;
2. has resided in Saint Vincent for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Saint Vincent at that date; and
3. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House.
Subject to the provisions of section 26 of this Constitution, a person shall be qualified to be elected or appointed as a Senator if, and shall not be so qualified unless, he is a Commonwealth citizen of the age of twenty-one years or upwards.

26. Disqualifications for Representatives and Senators

No person shall be qualified to be elected or appointed as a Representative or Senator (hereinafter in this section referred to as a member) if he–
1. is by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
2. is a minister of religion;
3. holds or is acting in the office of judge of the Supreme Court;
4. subject to such exceptions and limitations as may be prescribed by Parliament, holds or is acting in any public office or is a paid member of any defence force of Saint Vincent;
5. is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law;
6. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;
7. is under sentence of death imposed on him by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
8. subject to such exceptions and limitations as may be prescribed by Parliament has any such interest in any such government contract as may be so prescribed:
Provided that a minister of religion may be appointed as a Senator.
If it is so provided by Parliament, a person shall not be qualified to be elected or appointed as a member 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 any election of members or the compilation of any register of votes for the purpose of electing Representatives.
If it is so provided by Parliament, a person who is convicted by any court of law of any offence that is prescribed by Parliament and that is connected with the election of Representatives or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected or appointed as a member.
A person shall not be qualified to be elected as a Representative if he is a Senator and a person shall not be qualified to be appointed as a Senator if he is a Representative or is nominated for election as such.
In subsection (1) of this section–
- “government contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;
  
  “minister of religion” means any person in holy orders and any other person, the functions of whose principal occupation include teaching or preaching in any congregation for religious worship.
For the purposes of paragraph (g) of subsection (1) 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.

27. Election of Representatives

1. Each of the constituencies established in accordance with the provisions of section 33 of this Constitution shall return one Representative 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.

2

1. Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Saint Vincent as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purpose of electing Representatives, 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 so registered.
2. Every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of Representatives, be entitled so to vote in accordance with the provisions of any law in that behalf, and no other person may so vote.
In any election of Representatives the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

28. Appointment of Senators

Of the Senators–

four shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and
two shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition.

29. Tenure of office of Representatives and Senators

A Representative or a Senator (hereinafter in this section referred to as a member) shall vacate his seat in the House at the next dissolution of Parliament after his election or appointment.
A Senator appointed in accordance with the provisions of paragraph (a) of section 28 of this Constitution shall vacate his seat in the House if his appointment is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister, and a Senator appointed in accordance with the provisions of paragraph (b) of that section shall vacate his seat in the House if his appointment is revoked by the Governor-General, acting in accordance with the advice of the Leader of the Opposition.
A member shall also vacate his seat in the House–
1. if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;
2. if he ceases to be a Commonwealth citizen; or
3. subject to the provisions of subsection (4) of this section, if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 26 of this Constitution or of any law enacted in pursuance of subsection (2) or (3) of that section.

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If any circumstances such as are referred to in paragraph (c) of subsection (3) of this section arise because any member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to the provisions 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.
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 of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
If at any time before the member vacates his seat such circumstances 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.

30. Speaker

When the House first meets after any general election of Representatives 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.
The Speaker may be elected either from among the members of the House who are not members of the Cabinet or Parliamentary Secretaries or from among persons who are not members of the House:Provided that a person who is not a member of the House shall not be elected as Speaker if–
1. he is not a Commonwealth citizen; or
2. he is a person disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (1) of section 26 of this Constitution or of any law enacted in pursuance of subsection (2) or (3) of that section.
No business shall be transacted in the House (other than the election of a Speaker) at any time when the office of Speaker is vacant.
A person shall vacate the office of Speaker–
1. in the case of a Speaker who was elected from among the members of the House–
  1. if he ceases to be a member of the House: Provided 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 becomes a member of the Cabinet or a Parliamentary Secretary;
2. in the case of a Speaker who was elected from among persons who were not members of the House–
  1. when the House first meets after any dissolution of Parliament;
  2. if he ceases to be a Commonwealth citizen; or
  3. if any circumstances arise that would cause him to be disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (1) of section 26 of this Constitution or of any law enacted in pursuance of subsection (2) or (3) of that section; or
3. if he is removed from office by resolution of the House in favour of which there are cast the votes of two-thirds of all the members of the House excluding the Speaker.
If, by virtue of section 29(4) of this Constitution, the Speaker (being a Representative or a Senator) is required to cease to perform his functions as a member of the House he shall also cease to perform his functions as Speaker; and if the Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of that section, he shall also resume the performance of his functions as Speaker.
At any time when, by virtue of section 29(4) of this Constitution, the Speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed 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 29(4) of this Constitution, by such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.

31. Deputy Speaker

When the House first meets after any general election of Representatives and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a member of the Cabinet or a Parliamentary Secretary, to be the 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 convenient, elect another member of the House to that office.
A person shall vacate the office of Deputy Speaker–
1. if he ceases to be a member of the House;
2. if he becomes a member of the Cabinet or a Parliamentary Secretary; or
3. if he is elected to be Speaker.
If, by virtue of section 29(4) of this Constitution, the 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 Deputy Speaker and if the Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of that section, he shall also resume the performance of his functions as Deputy Speaker.
At any time when, by virtue of section 29(4) of this Constitution, the Deputy Speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed by such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.

32. Constituency Boundaries Commission

There shall be a Constituency Boundaries Commission which shall be appointed in the circumstances specified in section 33(3) of this Constitution and which shall consist of–
1. a chairman who shall be appointed by the Governor-General in his own deliberate judgment;
2. one member who shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and
3. one member who shall be 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 the Commission if–
1. he is, or has at any time during the period of five years immediately preceding his appointment been, a member of the House;
2. he is, or has at any time during that period been, nominated as a candidate for election as a Representative;
3. he is, or has at any time during that period been, the holder of an office in any political organisation that sponsors or otherwise supports, or that has at any time sponsored or otherwise supported, a candidate for election as a Representative or a member of any local government authority; or
4. he is a judge of the Supreme Court or a public officer.
Subject to the provisions of this section, a member of the Commission shall vacate his office–
1. when the order of the Commission is published in the Official Gazette in accordance with the provisions of section 33(6) of this Constitution; or
2. if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
A member of the Commission may be removed from office by the Governor-General only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.
A member of the 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 (6) 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 represents to the Governor-General that the question of removing a member of the Commission 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 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 Governor-General and recommend to him whether the member ought to be removed under this section.
If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Prime Minister, may suspend that member 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 that member should not be removed.
The Commission may regulate its own procedure, and 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.
The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at 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, the Commission shall not be subject to the direction or control of any other person or authority.

33. Constituencies

For the purpose of the election of Representatives, Saint Vincent shall, in accordance with the provisions of this section, be divided into thirteen constituencies having such boundaries as may be prescribed by order made by the Constituency Boundaries Commission.
All constituencies shall contain as nearly equal numbers of inhabitants as appears to the Commission to be reasonably practicable, but the Commission may depart from this principle to such extent as it considers expedient in order to take account of the following factors, that is to say–
1. the density of population and in particular the need to ensure adequate representation of sparsely populated rural areas;
2. the means of communication;
3. geographical features; and
4. the boundaries of existing administrative areas.
A Commission shall be appointed in the following circumstances, that is to say:–
1. whenever a census of the population of Saint Vincent has been held in pursuance of any law;
2. whenever Parliament has amended subsection (1) of this section so as to alter the number of the constituencies into which Saint Vincent is divided; or
3. on the expiry of eight years after the Commission last reviewed the boundaries of the constituencies in accordance with the provisions of this section.
Whenever the Commission has been appointed in the circumstances specified in subsection (3)(a) or in the circumstances specified in subsection (3)(b) of this section it shall forthwith carry out a review of the boundaries of the constituencies into which Saint Vincent is divided and may (and in the circumstances specified in subsection (3)(b) shall), by order, alter the boundaries in accordance with the provisions of this section to such extent as it thinks desirable in the light of those circumstances and the review.
Whenever the Commission has been appointed in the circumstances specified in subsection (3)(c) of this section it shall, within the period of two years commencing with its appointment, carry out a review of the boundaries of the constituencies into which Saint Vincent is divided and may, by order, alter the boundaries in accordance with the provisions of this section to such extent as it considers desirable in the light of the review.
Every order made by the Commission under this section shall be published in the Official Gazette and shall come into effect upon the next dissolution of Parliament after it was made.
To the extent that any law enacted by Parliament amends subsection (1) of this section so as to alter the number of constituencies into which Saint Vincent is divided it shall come into effect when the order of the Commission that, in accordance with the provisions of subsection (4) of this section, is consequential thereon comes into effect.
For the purposes of subsection (2) of this section the number of inhabitants of any part of Saint Vincent shall be ascertained by reference to the latest census of the population held in pursuance of any law.

34. Supervisor of Elections

There shall be a Supervisor of Elections whose duty it shall be to exercise general supervision over the registration of voters in elections of Representatives and over the conduct of such elections.
The functions of the office of Supervisor of Elections shall be exercised either by the person holding or acting in such public office as may for the time being be designated in that behalf by the Public Service Commission or, if the Commission so decides, by such other person who is not a public officer as may for the time being be so designated, but before exercising its powers under this subsection the Commission shall consult with the Prime Minister.
A person shall not enter upon the duties of the office of Supervisor of Elections until he has taken and subscribed the oath of allegiance and the oath of office.
For the purposes of the exercise of his functions under subsection (1) of this section, the Supervisor of Elections may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions.
The Supervisor of Elections may, whenever he considers it necessary or expedient so to do, report to the House on the exercise of his functions under the foregoing provisions of this section; he shall submit every such report to the Minister for the time being responsible for matters relating to the election of Representatives and that Minister shall, not later than seven days after the House first meets after he has received the report, lay it before the House.
In the exercise of his functions under the foregoing provisions of this section, the Supervisor of Elections shall not be subject to the direction or control of any other person or authority.
The Supervisor of Elections shall exercise such other functions in relation to elections (whether to the House or to local government authorities) as may be prescribed by or under any law enacted by Parliament.

35. Clerk of House and his staff

There shall be a Clerk of the House.
The office of the Clerk of the House and the offices of the members of his staff shall be public offices.

36. 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 Representative;
2. any person has been validly appointed as a Senator;
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 29(4) of this Constitution, to cease to perform any of his functions as a member of the House.
An 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 Representative 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 Representative or by the Attorney-General; or
2. in the case of the seat of a Representative, by any person registered in some constituency as a voter for the purpose of electing Representatives.
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.

PART 2. Legislation and procedure of Parliament

37. Power to make laws

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

38. Alteration of Constitution and Supreme Court Order

1. 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.
2. A bill to alter any of the provisions of this Constitution or of the Supreme Court Order shall not be regarded as being passed by the House unless on its final reading the bill is supported by the votes of not less than two-thirds of all the Representatives.
3. A bill to alter this section, the Schedule to this Constitution or any of the provisions of this Constitution specified in Part 1 of that Schedule or any of the provisions of the Courts Order specified in Part 2 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; and
  2. after it has been passed by the House the bill has been approved on a referendum by not less than two-thirds of all the votes validly cast on that referendum.
4. The provisions of paragraph (b) of subsection (3) of this section shall not apply in relation to any bill to alter–
  1. section 98 of this Constitution in order to give effect to any agreement between Saint Vincent and the United Kingdom concerning appeals from any court having jurisdiction in Saint Vincent to Her Majesty in Council;
  2. any of the provisions of the Supreme Court Order in order to give effect to any international agreement to which Saint Vincent is a party relating to the Supreme Court or any other court (or any officer or authority having functions in respect of any such court) constituted in common for Saint Vincent and for other countries also parties to the agreement.
5. Every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing Representatives 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.
6. In any referendum for the purposes of this section the votes shall be given by ballot in such manner as not to disclose how any particular person votes.
7. The conduct of any referendum for the purposes of this section shall be the responsibility of the Supervisor of Elections and the provisions of subsections (4), (5) and (6) of section 34 of this Constitution shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of Representatives.

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1. A bill to alter any of the provisions of this Constitution or of 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 that the provisions of subsection (2) of this section have been complied with and, where a referendum has been held in pursuance of subsection (3)(b) of this section, by a certificate under the hand of the Supervisor of Elections stating the results of the referendum.
2. The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsections (2) and (3) of this section have been complied with and shall not be enquired into in any court of law.
3. In this subsection references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the Deputy Speaker.
In this section and the Schedule to this Constitution references to any of the provisions of this Constitution or the Supreme Court Order include references to any law that alters that provision.

39. Oath by members

Every member of the House shall, before taking his seat in the House, take and subscribe before the House the oath of allegiance but a member may before taking that oath take part in the election of the Speaker.
Any person elected to the office of Speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) of this section, take and subscribe that oath before the House before entering upon the duties of his office.

40. Presiding

There shall preside at any sitting of the House–

the Speaker;
in the absence of the Speaker, the Deputy Speaker; or
in the absence of the Speaker and the Deputy Speaker, such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for that purpose:

Provided that the Speaker shall not preside when a motion for his removal from office is before the House.

41. Voting

Save as otherwise provided in sections 17(7), 30(4), 38(2) or 49(3) of this Constitution, any question proposed for decision in the House shall be determined by a majority of the votes of the members present and voting:Provided that questions of no confidence in the Government shall be determined by a majority of the votes of all the Representatives.
A question shall not be regarded as having been validly determined by a vote in the House unless at least eight members, or such greater number of members as Parliament may prescribe, take part in the voting.
The references to the members of the House in section 30(4) of this Constitution, subsection (1) of this section and sections 51(4) and 57 of this Constitution shall not include the Attorney-General if he is a member by virtue of section 24(3) of this Constitution.
A Speaker who was elected from among the members of the House or other member presiding in the House shall not vote unless on any question the votes of the members are equally divided, in which case he shall have and exercise a casting vote:Provided that in the case of the question of the final reading of such a bill as is referred to in section 38(2) of this Constitution he shall, if he is a Representative, have an original vote but no casting vote.
A Speaker who was elected from among persons who were not members 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.

42. Penalty for sitting if unqualified

Any person who sits or votes in the House 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 one hundred dollars, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes in the 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.

43. Mode of exercise of legislative power

The power of Parliament to make laws shall be exercised by bills passed by the House and assented to by the Governor-General.
When a bill is submitted to the Governor-General for assent in accordance with the provisions of this Constitution he shall signify that he assents.
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 Governor-General 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 and may make laws with retrospective effect.

44. Restrictions with regard to certain financial measures

Except on the recommendation of the Governor-General signified by a Minister, the House shall not–

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 Saint Vincent 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 Saint Vincent 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 Government; or
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.

45. Regulation of procedure in House

Subject to the provisions of this Constitution, the House may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.
The House 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.

46. Freedom of speech

Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of the House and its committees, or the privileges and immunities of the members and officers of the House and of other persons concerned in the business of the House or its committees, no civil or criminal proceedings may be instituted against any member of the House for words spoken before, or written in a report to, the House or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.

PART 3. Summoning, prorogation and dissolution

47. Sessions

1. Each session of Parliament shall be held at such place within Saint Vincent 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 one month from the holding of a general election of Representatives if Parliament has been dissolved, as the Governor-General shall appoint by Proclamation.

2

1. If notice in writing is given to the Speaker signed by not less than three Representatives, of a motion of no confidence in the Government the Speaker shall–
  1. if the House is then sitting or has been summoned to meet within five days, cause the motion to be considered by the House within seven days of the notice; or
  2. if the House is not then sitting and has not been so summoned (and notwithstanding that Parliament may be prorogued) summon the House to meet within fourteen days of the notice and cause the motion to be considered at that meeting:
  Provided that if the House does not, within twenty-one days of the notice, meet and dispose of the motion the Clerk of the House shall summon a special meeting of the House at such time and place as he may specify for the purpose of debating and disposing of the motion.
2. The provisions of paragraph (a) of this subsection shall be without prejudice to the power of the House to provide by its rules of procedure that notice of a motion of no confidence in the Government may be given by any member of the House or the power of the House to debate and dispose of such a motion at any sitting of the House.
Subject to the foregoing provisions of this section, the sittings of the House shall be held at such time and place as the House may, by its rules of procedure or otherwise, determine.

48. Prorogation and dissolution

The Governor-General 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 the first sitting of the House after any dissolution and shall then stand dissolved.
At any time when Saint Vincent 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:Provided that the life of Parliament shall not be extended under this subsection for more than five years.
Where a Parliament that has been dissolved is recalled under section 49(2) of this Constitution, that Parliament shall, unless sooner dissolved, again stand dissolved at the date appointed for the nomination of candidates in the next succeeding general election of Representatives.
In the exercise of his powers to dissolve Parliament, the Governor-General shall act in accordance with the advice of the Prime Minister:Provided that–
1. if the Prime Minister advises a dissolution and the Governor-General, acting in his own deliberate judgment, considers that the government of Saint Vincent can be carried on without a dissolution and that a dissolution would not be in the interests of Saint Vincent, he may, acting in his own deliberate judgment, refuse to dissolve Parliament;
2. if a resolution of no confidence in the Government is passed and the Prime Minister does not within three days either resign or advise a dissolution, the Governor-General, acting in his own deliberate judgment, may dissolve Parliament; and
3. if the office of Prime Minister is vacant and the Governor-General, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a Representative who can command the support of the majority of the Representatives, the Governor-General shall dissolve Parliament.

49. Elections to House of Assembly

Subject to the provisions of subsection (3) of this section, a general election of Representatives shall be held at such time within ninety days after any dissolution of Parliament, or if the House has been dissolved by reason of a vote of no confidence in the Government at such time within thirty days after the dissolution, as the Governor-General may appoint.
If, after a dissolution and before the date appointed for the nomination of candidates in the next succeeding general election of Representatives, the Prime Minister advises the Governor-General that, owing to the existence of a state of war or a state of emergency in Saint Vincent, it is necessary to recall Parliament, the Governor-General shall summon the Parliament that has been dissolved to meet, but, subject to the provisions of subsection (3) of this section, that general election shall proceed.
The House of a Parliament that has been recalled may, by a resolution supported by the votes of not less than two-thirds of all the Representatives, extend the period of ninety days specified in subsection (1) of this section for not more than a further ninety days in respect of the next succeeding general election, and on the passing of such a resolution any appointment previously made with respect to the date on which that general election shall be held or candidates therein shall be nominated shall cease to have effect.
Where the seat of a member of the House falls vacant otherwise than by reason of a dissolution of Parliament–
1. if the vacant seat is that of a Representative a by-election shall be held; or
2. if the vacant seat is that of a Senator an appointment shall be made,
to fill the vacancy within ninety days of the occurrence of the vacancy unless Parliament is sooner dissolved.
Whenever it has been determined under section 36 of this Constitution that the election of any person as a Representative is invalid the Governor-General shall issue a writ for the election of a Representative to fill the vacancy returnable within ninety days of the final decision of the High Court or, if the determination was by the Court of Appeal, within ninety days of the decision of the Court of Appeal.