Composition of Parliament

Establishment

There shall be a Parliament of Saint Lucia which shall consist of Her Majesty, a Senate and a House of Assembly.

The Senate

 Composition

(1) The Senate shall consist of eleven Senators and such other Senators as may be temporarily appointed under section 28 of this Constitution.

(2) Of the eleven Senators-

a) six shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister;

b) three shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition; and

c) two shall be appointed by the Governor-General, acting in his own deliberate judgment after he has consulted those religious, economic or social bodies or associations from which he considers that such Senators should be selected.

Qualifications

Subject to the provisions of section 26 of this Constitution, as person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he-

a) is a Commonwealth citizen who has attained the age of thirty years;

b) has been ordinarily resident in Saint Lucia for a period of five years immediately before the date of his appointment; and

c) 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.

 Disqualifications

(1) No person shall be qualified to be appointed as a Senator if, at the date of his appointment, he.

a) is by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;

b) is a minister of religion (except in the case of an appointment under section 24(2)(c) of is Constitution);

c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;

d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any such law;

e) 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; or

f) subject to such exceptions and limitations as may be prescribed by Parliament, has any such interests in any such government contract as may be prescribed.

(2) If it is so provided by Parliament, a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of members of the House or who 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 appointed as a Senator.

(3) No person shall be qualified to be appointed as a Senator who is a member or is nominated as a candidate or election to the House.

(4) If it is so provided by Parliament, and subject to such exceptions and limitations (if any) as Parliament may prescribed, a person shall not be qualified to be appointed as a Senator if, at the date of his appointment-

a) he holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment);

b) he belongs to any of the armed forces of the Crown or to any class of persons that is comprised in any such force; or

c) he belongs to any police force or to any class of person that is comprised in any such force.

(5) In subsection (1) of this section-

“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.

(6) For the purposes or paragraph (e) of subsection (1) of this section-

a) 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

b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

Tenure of office

(1) A senator shall vacate his seat in the Senate at the next dissolution of Parliament after his appointment.

(2) A senator shall also vacate his seat in the Senate-

a) if he is absent from the sittings of the Senate for such period and in such circumstances as may be prescribed in the rules of procedure of the Senate;

b) if he ceases to be a Commonwealth citizen;

c) if, with his consent, he is nominated as a candidate for election to the House or if he is elected to be a member of the House;

d) subject to the provisions of subsection (3) of his section, if any other circumstances arise that, if he were not a Senator, would cause him to be disqualified to be appointed as such by virtue of subsection (1) of section 26 of his Constitution or by virtue of any law enacted in pursuance of subsection (2) or (4) of that section; or

e) if the Governor-General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed under paragraph (a) of subsection (2) of section 254 of this Constitution or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed under paragraph (b) of that subsection or in his own deliberate judgment after such consultation as is specified in paragraph (c) of that subsection in the case of a Senator appointed under that paragraph, declares the seat of that Senator to be vacant.

(3) a) If any circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because any Senator is under sentence of death or imprisonment, adjudged to he of unsound mind, declared bankrupt or convicted or reported guilty of an offence relation to elections and if it is open to the Senator to appeal against the decisions (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 Senate 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 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 Sound.

b) If on the determination of any 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 of the refusal of leave to appeal or for any other reason, it cases to be open to the Senator to appeal, he shall forthwith vacate his seat.

c) 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 member of the senate.

Inability

(1) If the Governor-General considers that a Senator is, by reason of his illness or absence from Saint Lucia, unable to perform his functions as a member of the Senate the Governor-General may-

a) in accordance with the advice of the Prime Minister in relation to a Senator appointed in pursuance of paragraph (a) of subsection (2) of section 24 of this Constitution;

b) in accordance with the advice of the Leader of the Opposition in relation to a Senator appointed in pursuance of paragraph (b) of that subsection : and

c) in his own deliberate judgment after such consultation as is specified in paragraph (c) of that subsection in relation to a Senator appointed in pursuance of that paragraph.

President and Deputy President

(1) When the Senate first meets after any dissolution of Parliament and before it proceeds to the despatch of any other business, it shall be elect a Senator, not being a Minister or a Parliamentary Secretary, to be President of the Sound; and whenever the office of President is vacant otherwise than by reason of a dissolution of Parliament, the Senate shall, not later than its second sitting after the vacancy has arisen, elect another Senator to fill that office.

(2) When the Senate first meets after any dissolution of Parliament, it shall, as soon as practicable, elect a Senator, not being a Minister or a Parliamentary Secretary, to be Deputy President of the Senate; and whenever the office of Deputy President becomes vacant, the Senate shall, as soon as convenient, elect another Senator to fill that office.

(3) A person shall vacate the office of President or Deputy President-

a) if he ceases to be a Senator:

Provided 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;

b) if he is appointed to be a Minister or a Parliamentary Secretary; or

c) in the case of the Deputy President, if he is elected to be President.

(4) a) If, by virtue of section 27(3)(a) of this Constitution, the President or Deputy President is required to cease to perform his functions as a member of the Senate he shall also cease to perform his functions as President or Deputy President, as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance or the functions of his office, be performed-

i) in the case of the President, by the Deputy President or, if the office of Deputy President is vacant or the Deputy President is required to cease to perform his functions as a member of the Senate by virtue of section 27(3) of this Constitution, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose;

ii) In the case of the Deputy President, by such Senator (not being a Minister or Parliamentary Secretary) as the senate may elect for the purpose.

b) If the President or Deputy President resumes the performance of his functions as a members of the Senate, in accordance with the provisions of section 27(3)(c) of this Constitution, he shall also resume the performance of his functions as President or Deputy President, as the case may