| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
Senate |
| Related chamber (for bicameral parliaments) |
House of Representatives
|
| NATURE |
| Nature of the mandate |
|
| Start of the mandate |
· When the senators take the oath (Art. 62 of the Constitution of 06.08.1962, SO 1 (1) of the Standing Orders of the Senate)
· Procedure (Art. 62 of the Constitution, Schedule I to the Constitution, SO 1 of the Standing Orders of the Senate, Appendix 1 to the Standing Orders of the Senate)
|
| Validation of mandates |
· Validation by the Supreme Court only in case of challenge (Art. 44 (1) (a) of the Constitution)
· Procedure (Art. 44 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 78 (2) and (3) of the Standing Orders of the Senate)
- Loss of eligibility or incompatibilities (Art. 41 (1) (d) to (g), and (3) to (4) in connection with Art. 39 and 40 (2) and (3) of the Constitution)
- General procedure (Art. 44 of the Constitution)
(b) Revoking of the appointment by the Governor-General
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. Leader of Government Business
3. Cabinet Ministers
4. State Ministers
5. Parliamentary Secretaries
6. Other members of the Senate |
| Indemnities, facilities and services |
· Diplomatic or official passport
Each Member of the Senate receives a stipend of JMD17,000 per day of attendance to attend a sitting of the Senate and to attend Parliamentary Committee meetings.
· No special pension scheme, with the exception of those who served in the lower house for one term
· Other facilities: no |
| 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 senators and votes cast within Parliament.
· Derogations: sub judice matters (SO 35 (2) of the Standing Orders of the Senate), offence or insult (SO 35 (4) and (5) of the Standing Orders of the Senate, 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 senators 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 senators 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 senators before their election.
· Parliamentary immunity (inviolability) cannot be lifted.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· 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 senators to be present at plenary sittings, committee meetings, or other meetings. For leave of absence, see SO 78 (1) of the Standing Orders of the Senate.
· Penalties foreseen in case of failure to fulfil this obligation (Art. 41 (1) (c) of the Constitution, SO 78 (2) and (3) of the Standing Orders of the Senate): 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 Senate.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 43 (1) of the Standing Orders of the Senate)
- Order to discontinue the speech (SO 43 (1) of the Standing Orders of the Senate)
- Order to withdraw (SO 43 (2), and (9) to (11) of the Standing Orders of the Senate)
- Naming and suspension (SO 43 (3) to (11) of the Standing Orders of the Senate)
- Adjournment of the House, suspension of the sitting (SO 43 (12) of the Standing Orders of the Senate)
- Other measures (SO 43 (13) of the Standing Orders of the Senate)
· Specific cases:
- Offence or insult (SO 35 (4) and (5) of the Standing Orders of the Senate)
· Competent body to judge such cases/to impose penalties (SO 41 of the Standing Orders of the Senate):
- Warning for irrelevance, order to discontinue the speech, order to withdraw, naming, adjournment of the House, suspension of the sitting: the President
- Suspension, other measures: the Senate
· Procedure:
- Warning for irrelevance, order to discontinue the speech (SO 43 (1) of the Standing Orders of the Senate)
- Order to withdraw (SO 43 (2), and (9) to (11) of the Standing Orders of the Senate)
- Naming and suspension (SO 43 (3) to (11) of the Standing Orders of the Senate)
- Adjournment of the House, suspension of the sitting (SO 43 (12) of the Standing Orders of the Senate)
- Other measures (SO 43 (13) of the Standing Orders of the Senate)
- General procedure (SO 41 of the Standing Orders of the Senate)
|
| 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) in connection with Art. 40 (2) (b) and (c), and Art. 44 (1) (b) and (2) of the Constitution, SO 35 (7) and 79 of the Standing Orders of the Senate).
· Penalties foreseen for violation of the rules of conduct: loss of mandate (41 (1) (e) to (g) in connection with Art. 40 (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.
|
