Bar: Troubling lack of consultation

The Barbados Bar Association (BBA) has voiced serious reservations over the Constitution (Amendment) Bill, 2026.

The bill, which introduces antidefection rules requiring Members of Parliament to vacate their seats if they resign from, are expelled by, or cross the floor from the party under which they were elected, was passed by the House of Assembly last Tuesday and the Senate on Friday.

The bill seeks to amend section 45 of the Constitution and introduce a new section 45D to formalise anti-defection rules, a move the Bar believes raises complex legal and governance issues.

Serious concern

However, the proposal has triggered serious concern from the legal community, which is questioning both the process and potential constitutional implications of the reform.

In a statement on Friday, the BBA said it was troubled that legislation of such constitutional importance was introduced without consultation with the profession, which it said has a duty to safeguard the rule of law and the proper administration of justice.

“As a body charged with upholding the rule of law and safeguarding the proper administration of justice, we are uniquely placed to provide principled, technical and nonpartisan input on matters of constitutional significance. The failure to engage us before presenting a bill of such profound constitutional consequence represents, in our view, a troubling disregard for established democratic norms and expert legal guidance.”

The organisation also warned that the scope of the proposed changes demands wider public and professional engagement, given that they affect parliamentary tenure and the structure of representative democracy.

“Amendments affecting parliamentary tenure and the very structure of representative democracy demand broad-based, informed consultation and careful scrutiny. Legislation of this nature, if rushed or imposed without meaningful public and professional engagement, risks undermining public confidence in the integrity and stability of Barbados’ democratic institutions.”

Beyond concerns about consultation, the Bar said the bill raises fundamental constitutional questions that require deeper examination before any final enactment.

It noted that the country’s constitutional framework centres on voters electing individual representatives rather than political parties, warning that the proposed reforms could alter that balance without sufficient structural change.

The statement explained that, “the Constitution is premised on the election of individual representatives, not political parties. Any amendment that ties parliamentary tenure directly to party affiliation should therefore be preceded by broader constitutional reform addressing the formal role and status of political parties within the governance structure. Without such reform, the proposed changes risk creating legal and democratic tensions that have not been fully resolved.”

Potential abuse

It also warned of the potential abuse by political parties, including the possibility of strategic expulsions by political parties for political advantage and questioned how the provisions would function in a Parliament evenly divided between parties after an election.

Procedural concerns were also raised about how the measure was handled in the Lower House.

“We are particularly concerned that the Standing Orders were suspended to truncate debate on this bill, despite there being no demonstrable urgency that would justify such an extraordinary step. The BBA respectfully urges that further consideration be undertaken before this bill is enacted into law.” (TRY/PR)

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