Government

The Trinidad and Tobago Republican Constitution provides for a President who is the Head of State and Commander in Chief of the Armed Forces. He is also the repository of all Executive Authority. His powers are exercisable within certain constitutional limits and most of his constitutional acts must be performed in accordance with the advice of or after consultation with another authority, usually the Cabinet, the Prime Minister or the Leader of the Opposition. Although the President does not sit in parliament, he is responsible for the summoning, prorogation and dissolution of Parliament and also gives his assent to Bills.

A person is qualified to be nominated for election as President if he is a citizen of Trinidad and Tobago, of age thirty five years or upwards who, at the date of his nomination as President, has been ordinarily resident in Trinidad and Tobago for ten years immediately preceding his nomination.

The Constitution provides for an Electoral College consisting of all the members of the Senate and all the members of the House of Representatives assembled together and convened and presided over by the Speaker of the House. The President is elected by the Electoral College voting by secret ballot. Ten Senators, the Speaker and twelve other members of the House of Representatives constitute a quorum of the Electoral College. The President so elected shall normally hold office for a term of five years.

All Bills passed in both Houses of Parliament must be assented to by the President before they become law. The President also appoints members of Commissions and other senior officials. He is also responsible for appointing Senators - sixteen on the advice of the Prime Minister, six on the advice of the Opposition Leader and nine on his own discretion.

Current President of the Republic of Trinidad and Tobago is Professor George Maxwell Richards

THE PRIME MINISTER

Where there is occasion for the appointment of a Prime Minister such as after a General Election, the President must appoint as Prime Minister a member of the House of Representatives who is the leader in the House of the party which commands the support of the majority of members of that House. Under the party system which operates in Trinidad and Tobago that person is usually the party's leader. Where no majority Party emerges or where the party has no undisputed leader, the President appoints as Prime Minister the person, who, in his view, is most likely to command majority support in the House of Representatives. In this case the President uses his discretion. The person appointed must be willing to accept the Office of Prime Minister.

The Prime Minister's position of authority derives from the majority support in the House of Representatives and from the power to appoint and dismiss ministers. The Prime Minister presides over the Cabinet and is responsible for the allocation of functions among ministers.

Apart from being the leader of the Cabinet which has effective control of the nation's affairs, the Prime Minister shall keep the President fully informed concerning the general conduct of the government and shall furnish the President with such information as he may request with respect to any particular matter relating to the government.

The Office of the Prime Minister is also responsible for Citizens Initiative Fund, Commissions of Enquiry, Constitutional Matters, Ecclesiastical Affairs, National Awards, Policy Planning, Research, Monitoring and Evaluation, Protocol/Communications Unit, Public Service Administration, Public Concerns/Enquiries, Public Holidays, Sports and Culture Fund. The Office of the Prime Minister also oversees the Business Facilitation Council, the National Quality Council, the National Security Council.

THE SENATE

The Senate, also called the Upper House, consists of thirty-one (31) Senators appointed by the President as follows:-

The President and the Vice President of the Senate are elected from among the Members of the Senate in accordance with the provision of Chap. 4, Sections 39-45 of the Constitution of Trinidad and Tobago.

THE PRESIDENT OF THE SENATE

The Constitution provides that when the Senate first meets after a general election and before it proceeds to the dispatch of any other business, it shall elect a Senator to be President of the Senate. A Senator who is a Minister or Parliamentary Secretary shall not be elected to be the President of the Senate.

The President of the Senate presides over the sittings of the Senate and acts as Chairman of Committees of the whole Senate. He interprets the Standing Orders and has the power to regulate the conduct of business in all matters not provided for in the Standing Orders. The President of the Senate also acts temporarily as President of the Republic of Trinidad and Tobago where the office is vacant or when the President is incapable of performing his functions of President by reason of his absence from Trinidad and Tobago or by reason of illness.

Current President of the Senate is Dr. Linda Baboolal. Vice President of the Senate is Mr. Rawle Titus.

THE HOUSE OF REPRESENTATIVES

The House of Representatives consists of thirty-six (36) members elected by the people at General Elections. In 1960, the House of Representatives was introduced with 30 elected members. In 1961, the number was increased to 36. A person does not qualify to be elected to the House of Representatives unless he:

The 36 members of the House of Representatives sit under a permanent chairperson, who is known as 'the Speaker'. Parliament makes laws for the peace, order and good government of Trinidad and Tobago, through Bills passed by the House of Representatives and the Senate that are assented to by the President. A Bill other than a Money Bill may be introduced in either House, Money Bills cannot be introduced in the Senate: The Senate and the House of Representatives regulate their own procedures by Standing Orders. The Standing Orders of the Senate and the House of Representatives provide for the following committees:

One significant feature of Parliamentary Government in Trinidad and Tobago is the provision where a Minister who is a member of the House of Representatives and a Minister who is a Senator has the right to attend any sitting of the Senate or the House of Representatives, or on the adoption of either House of a motion for the purpose, be required at the request of the President of the Senate or the Speaker to attend any sitting. A Minister, attending any sitting of either House may take part in any debate or other proceedings concerning matters falling within his portfolio in such House and may speak on any such motion, except that a Minister who is a senator cannot vote in the House of Representatives. The Attorney General may, however, attend any sitting or take part in debates and other proceedings and speak on any motion before any House. He may also move amendments to any motion even though the matter falls within the portfolio of some other Minister.

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

The Office of Speaker of the House of Representatives is almost as old as Parliament itself. In the United Kingdom, the Office of the Speaker was central to the battle for supremacy between Parliament and the Monarchy. In Trinidad and Tobago, the Speaker, or in his absence the Deputy Speaker presides over each sitting of the House of Representatives, acts as Chairman of Committees of the House and enforces the observance of all rules for preserving order in its proceedings. As a result, he maintains order, enforces the rules as is necessary, interprets Standing Orders and practices of the House, deals with points of order and gives rulings when called upon to do so.

The Speaker is considered the Guardian of the privileges of the members of the House of Representatives and the chief characteristics required are authority and impartiality. The Speaker is also responsible for the management and general administration of the House.

The Constitution provides that when the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker of the House from among members of the House who are not Ministers or Parliamentary Secretaries. Persons who are not members of either the House of Representatives and Senate may also be elected provided he is a citizen of Trinidad and Tobago and is not disqualified for election as a member of the House of Representatives.

The Constitution of the Republic of Trinidad and Tobago recognizes that Parliament may regulate its own procedures and that an order of the House of Representatives is a legitimate decision of the house. Our constitution provides for the House of Representatives to elect a person to preside over it as a Speaker of the House either from among the members of the House of Representatives or from among persons who are not members of the either House.

The House of Representatives is regulated by Standing Orders and the Standing Order of the House , Section 3, deals with the election of a Speaker. Section 5 provides for the Speaker or, in the Speaker's absence, the Deputy Speaker, to preside in the House or on Committees. The Speaker's powers, functions and duties may be categorized as manifold including traditional, ceremonial,statutory and constitutional. While presiding in the House, the chief characteristics required are authority and impartiality.

The Speaker is required to give a completely objective interpretation of Standing Orders and precedent and is considered to be the guardian of the privileges of the members of the House of Representatives. The Speaker presides over the debates in the House but cannot participate. The Speaker maintains order, enforces the rules as necessitated, interprets Standing Order and the practices of the House, deals with points of order and give rulings when called upon to do so.

Current Speaker of the House of Representatives is Mr. Barendra Sinanan. Deputy Speaker is Mr. Hedwidge Bereaux.

CHIEF SECRETARY OF THE TOBAGO HOUSE OF ASSEMBLY

Under the Tobago House of Assembly Act 1980, the Tobago House of Assembly was established for the purpose of making better provisions for the administration of the island of Tobago and for matters connected therewith. This Act was replaced by the Tobago House of Assembly Act 1996 which has increased the administrative and decision-making capacity of the Assembly.

The Assembly is responsible for the formulation and implementation of policy in respect of matters pertaining to Tobago and in respect of such responsibility, the Assembly shall give due consideration to national policy. In the discharge of its responsibility the Assembly may, subject to the Constitution enact "Assembly Laws" which shall be subject to negative resolution of Parliament.

For the better performance of its functions, the Assembly may devise mechanisms to ensure protection and security of property under its control, enter into such contracts as it deems fit and obtain from international donors any grant, aid or technical assistance.

The Assembly's areas of responsibilities includes Finance, that is, the raising and collection of revenue, Tourism, State Lands and all other matters with the exception of National Security, Foreign Affairs, Civil Aviation, Meteorology, Immigration, Central Statistics and Legal Affairs which are areas of responsibility of the central government.

The Assembly consists of twelve Assemblymen elected at an election held in accordance with the provisions of the Representation of the People Act and four councillors. A Chief Secretary and Deputy Chief Secretary are elected from among members of the assembly by a secret ballot.

The Chief Secretary of the Tobago House of Assembly is ex-officio a Justice of the Peace and presides over all meetings of the Assembly at which he is present. In his absence the Deputy Chief Secretary presides.

The current Chief Secretary of the Tobago House of Assembly is Mr. Orville London

THE LEADER OF THE OPPOSITION

The Constitution of Trinidad and Tobago states that there shall be a Leader of the Opposition. That person is appointed by the President who, in the President's judgment, is best able to command the support of the greatest number of members of the House of Representatives not in support of the Government.

THE ATTORNEY GENERAL

Apart from the Prime Minister, the Attorney General is the only member of the Cabinet specifically mentioned in the Constitution relating to the Executive. This may be because the Attorney General is responsible for the administration of legal affairs in Trinidad and Tobago and legal proceedings for and against the State is taken, in the case of civil proceedings, in his name and in the case of criminal proceedings, in the name of the State. The Constitution also provides that in exercising his powers, the Attorney General shall not be subject to the direction or control of any other person or authority. He is also the principal legal adviser to the Government.

THE EXECUTIVE

THE CABINET

The Constitution provides for a CABINET under the general direction and control of the Government, collectively responsible to Parliament. The Cabinet has effective control of the nation's affairs and is headed by the PRIME MINISTER, who is appointed by the PRESIDENT, and such numbers of other Ministers as he may decide to have, of whom one shall be the Attorney General, chosen from among the members of the House of Representatives and the Senators appointed by the President acting in accordance with the advice of the Prime Minister.

The functions of the Cabinet include initiating and deciding on policy, the supreme control of the Government and the coordination of Government departments. The Prime Minister and his Ministers retain office after the dissolution of Parliament until a new Prime Minister is appointed or the old one reappointed. They may vacate office by replacement or resignation or by ceasing to be a member of the House to which they belong.

CABINET MINISTERS

Cabinet Ministers are appointed by the President acting in accordance with the advice of the Prime Minister. Here the President has no discretionary power. The President acting on the advice of the Prime Minister, may assign to the Prime Minister or any other Minister responsibility for any business of the government including the administration of any department of government. The responsibilities so allocated to Ministers are detailed in their letters of appointment.

A Minister assigned responsibility for any department of government exercises general direction and control over that department and is answerable to Parliament for that department's activities. Ministers normally decide all matters within their responsibility. However on important political matters, they usually consult their colleagues collectively either through Cabinet or a Cabinet Committee.

In addition to the members of the Cabinet, the President may appoint, on the advice of the Prime Minister any number of Parliamentary Secretaries / Junior Ministers from among Senators and members of the House of Representatives. The functions of Parliamentary Secretaries are to assist Ministers in the performance of their duties.

THE CHIEF JUSTICE

The Chief Justice is the Head of the Judiciary, the third traditional branch of Government, which is responsible for administering justice. The Chief Justice is President of the Court of Appeal and is the Chairman of the Judicial and Legal Service Commission. He is also ex-officio, a judge of the High Court and can therefore sit in that Court.

The Constitution provides for the Chief Justice to be appointed by the President after consultation with the Prime Minister and the Leader of the Opposition.

THE DIRECTOR OF PUBLIC PROSECUTIONS

The Constitution describes the Office of the Director of Public Prosecutions (DPP) as a public one. The DPP has the power to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Trinidad and Tobago and may discontinue any criminal proceedings so instituted at any stage before judgment is delivered.

THE OMBUDSMAN

The Constitution provides for an Ombudsman who is an officer of the Parliament and who is required to hold no other office of emolument nor engage in any occupation for reward than the duties of his office. The Ombudsman is appointed by the President after consultation with the Prime Minister and the Leader of the Opposition and shall hold office for a term not exceeding five years and is eligible for reappointment.

The principal function of the Ombudsman is to investigate complaints of administrative injustice in respect to decisions made or acts done or omitted by a Minister or department or authority of Government. In short, the Ombudsman can best be described as a "grievance person" to whom a citizen can make a complaint with a view to redressing the mistakes, delays, rigidity, carelessness and perhaps heartlessness of the government bureaucracy. However the role of the Ombudsman is an advisory one and the consequence of any investigation he makes can only lead to recommendations and the submission of reports by him to relevant persons, authorities or to Parliament.

The Ombudsman is responsible only to Parliament to which he makes annual reports on the performance of his functions including statistics of the complaints received and the results of his investigations. The office is non-political.

Source:
The Office of the Prime Minister
Information Division
13-15 St Clair Avenue, St Clair
(July 11, 2002)

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