| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
House of Representatives |
| Related chamber (for bicameral parliaments) |
Senate
|
| NATURE |
| Nature of the mandate |
· Linked representation - imperative mandate |
| Start of the mandate |
· When the MPs take the oath (Art. 62 of the Constitution of 06.08.1962)
· Procedure (Art. 62 of the Constitution, Schedule I to the Constitution, SO 1 of the Standing Orders of the House of Representatives, Appendix 1 to the Standing Orders of the House of Representatives)
|
| Validation of mandates |
· Validation by the Supreme Court only in case of challenge (Art. 44 (1) (a) of the Constitution)
· Procedure (Art. 44 (1) (a) and (2) of the Constitution; see also Art. 46 of the Constitution)
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 41 (1) (a) and 64 (2) of the Constitution) (for early dissolution, see Art. 64 (1) and (5) of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 137 (1) of the Constitution)
· Procedure (Art. 41 (1) (b) and 137 of the Constitution)
· Authority competent to accept the resignation: the resignation need not be accepted
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: decision of the Supreme Court (Art. 44 (1) (b) of the Constitution):
- Loss of mandate for absence (Art. 41 (1) (c) of the Constitution, SO 81 (2) and (3) of the Standing Orders of the House of Representatives)
- Loss of eligibility or incompatibilities (Art. 41 (1) (d) to (g), and (2) to (4) in connection with Art. 39 and 40 of the Constitution)
- General procedure (Art. 44 (1) (b) and (2) of the Constitution) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
1. The Speaker
2. Prime Minister
3. The Leader of the Opposition
4. The Leader of the House
5. Cabinet Ministers
6. State Ministers
7. Parliamentary Secretaries
8. The other MPs
|
| Indemnities, facilities and services |
· Diplomatic or official passport
· Basic salary: JMD 3,409,267 per year
+ Subsistence allowance (SO 81 (4) to (6) of the Standing Orders of the House of Representatives): JMD 43,200 per year
+ Upkeep Allowance: JMD 514,500 per year
· The basic salary is taxable. The allowances are tax exempt.
· Pension scheme: contributory scheme; MPs qualify after 9 years or two terms of service
Travel and transport:
- Constituency Travelling Allowance: JMD 248,400 per year (Rural); 124,200.00 (Urban)
- Mileage Allowance: JMD 30 per kilometre |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist.
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: sub judice matters (SO 35 (2) of the Standing Orders of the House of Representatives), offence or insult (SO 35 (4) and (5) of the Standing Orders of the House of Representatives, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist.
· It applies only to civil proceedings, covers only civil debts with the exception of those which constitute criminal offences, and protects MPs only from arrest and from being held in preventive custody. For the loss of mandate for a sentence to death or to imprisonment for a term of or exceeding six months, see Loss of mandate for loss of eligibility or incompatibilities.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) cannot be lifted.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
|
| EXERCISE OF THE MANDATE |
| Training |
Parliamentary training is provided mainly through the Commonwealth Parliamentary Association (CPA). A post-election training is usually hosted by the Houses of Parliament soon after a General Election.
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings, committee meetings, or other meetings. For leave of absence, see SO 81 (1) of the Standing Orders of the House of Representatives.
· Penalties foreseen in case of failure to fulfil this obligation (Art. 41 (1) (c) of the Constitution, SO 81 (2) and (3) of the Standing Orders of the House of Representatives): loss of mandate
· Body competent to judge such cases/to impose penalties: the Supreme Court
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 35 (4) and (5), 41 and 43 of the Standing Orders of the House of Representatives.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 43 (1) of the Standing Orders of the House of Representatives)
- Order to discontinue the speech (SO 43 (1) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 43 (2), and (9) to (11) of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 43 (3) to (11) of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 43 (12) of the Standing Orders of the House of Representatives)
- Other measures (SO 43 (13) of the Standing Orders of the House of Representatives)
· Specific cases:
- Offence or insult (SO 35 (4) and (5) of the Standing Orders of the House of Representatives)
· Competent body to judge such cases/to impose penalties (SO 41 of the Standing Orders of the House of Representatives):
- Warning for irrelevance, order to discontinue the speech, order to withdraw, naming, adjournment of the House, suspension of the sitting: the Speaker
- Suspension, other measures: the House of Representatives
· Procedure:
- Warning for irrelevance, order to discontinue the speech (SO 43 (1) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 43 (2), and (9) to (11) of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 43 (3) to (11) of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 43 (12) of the Standing Orders of the House of Representatives)
- Other measures (SO 43 (13) of the Standing Orders of the House of Representatives)
- General procedure (SO 41 of the Standing Orders of the House of Representatives)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 41 (1) (e) to (g), and (2) (a) in connection with Art. 40 (1) (a), (2) (b) and (c), and Art. 44 (1) (b) and (2) of the Constitution, SO 35 (8) and 82 of the Standing Orders of the House of Representatives).
· Penalties foreseen for violation of the rules of conduct: loss of mandate (41 (1) (e) to (g), and (2) (a) in connection with Art. 40 (1) (a), (2) (b) and (c) of the Constitution; incompatibilities)
· Competent body to judge such cases/to impose penalties: the Supreme Court
· Procedure (Art. 44 (1) (b) and (2) of the Constitution).
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
|
