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Hal Austin
Hal Austin

Introduction:
Recently, partly as a result of the continuing failure of Chris Sinckler as minister of finance and prime minister Freundel Stuart’s hesitance in removing him from office, questions have been raised about the constitutionality of a Cabinet reshuffle. It is a subject that will take up a considerable amount of time by constitutional experts such as lawyers, political ‘scientists’, parliamentary historians, legal philosophers and others. However, for a non-lawyer with a cursory interest in politics and in how the Westminster/Whitehall model has shaped Caribbean politics, I find the subject one of intrigue. One person who has added his highly informed, articulate and knowledgeable voice to the debate is Caswell Franklyn. Mr Franklyn has a wealth of knowledge about Barbadian Constitutional law and his suggestion, to paraphrase him, that before the prime minister could carry out a Cabinet reshuffle he must first make seek the approval of the Governor General, the Queen’s representative, raised a number of questions in my mind. I will not be so bold as to challenge Mr Franklyn about the constitutionality of a Cabinet reshuffle in the local jurisdiction, my contention, however, is that if parliamentary politics in Barbados have adopted the so-called Westminster/Whitehall model, then this is strange.

Analysis:
The controversy started because of the state of the economy and the government’s apparent inability to devise a rescue plan. In such circumstances attention obviously focuses on the incumbents in the high offices of state, principally the prime minister and minister of finance.

Nothing that Mr Sinckler has said or done in office has convinced anyone with above average knowledge about the economy that he is on top of the portfolio. This is reinforced by his lack of experience, according to his biographical details on the parliamentary website, although they are noticeably lacking in details. Further, Mr Sinckler was an appointment in unfortunate circumstances by the late prime minister David Thompson. However, prime minister Stuart was not morally or duty-bound to keep Mr Sinckler in office for the duration of the Thompson/Stuart term, nor indeed was there any compelling reason why the recent general election victory could not be used as an opportune moment to shift Mr Sinckler sideways. This, I suggest, is a failing of the prime minister’s.

On the substantive issue of the constitutionality of a reshuffle, under the Westminster rules, a reshuffle is the prime minister’s own responsibility and has nothing to do with the Sovereign. As primus inter pares, the right to reshuffle his/her Cabinet as s/he pleases is one of the few perks of the job a prime minister has. Of course, they can be disruptive to good government and administrative efficiency and should be carried out with enormous precautionary skills and awareness of their impact and destablising effect, but it is his/hers alone, unless the prime minister in any way wants to consult senior colleagues. Given that parliament does not have any formal scrutiny of Cabinet appointments, in the way, for example, the US Senate has or even the British House of Commons under the select committee system, the House of Assembly, the lower house, is often forced to accept any changes a prime minister may make.

As Lord Boateng of Akyem and Wembley, a British Labour peer with Barbadian connections, told a parliamentary committee of inquiry: “Reshuffles are the PM’s primary instrument in dealing with ‘events’, be they a crisis brought on by a ministerial indiscretion, death, illness, or catastrophic or lesser degrees of failure, or a means in troubled times of reasserting the PM’s authority and maintaining the balance of political forces. “They are seldom if ever simply about refreshing the ranks of the government with new and upcoming talent, rewarding outstanding parliamentary performance, and so on.” He goes on to add: “This exalted and high-minded explanation is often given but rarely in my view wholly truthfully. “The decisions made are necessarily highly subjective, not always entirely capable of being justified by reasoned explanation and in some instances are quite inexplicable.” In short, whatever the justification used, the prime minister has absolute power to change the make-up of his/her Cabinet whenever s/he chooses. In fact, the greatest post-war example of a radical reshuffle in British politics, which still remains the standard for Westminster-style Cabinet reshuffles, was that of Tory prime minister Harold Macmillan in 1962, the so-called Night of the Long Knives. In that political bloodbath, Mr Macmillan dismissed seven senior members of his Cabinet with the speed and precision of an assassin. The reason for such a radical move, in which the biggest casualty was Chancellor of the Exchequer (minister of finance) Selwyn Lloyd, was the declining popularity of the government and a fear that voters were hostile to the government’s economic policies. Even now, re-reading the newspapers of 52 years ago, one gets a true feeling of the political tensions of the period. Lord Boateng continues: “Some reshuffles go better than others. Some are undoubtedly missed opportunities, particularly when heels are dug in by the pieces on the chequer board. “But, given the nature of prime ministerial and Cabinet government and the impact of events, in my view it’s not easy to see how if we continue to draw folk from the ranks of parliament, it might be readily reformed.” Therefore the prime minister, under our current system, unlike that of the US presidential system, cannot draw on unelected persons to hold high ministerial office. Ministers should be present in the lower house to answer to members, the elected representatives of the people.

As Ben Bradshaw, former Labour Secretary of State for Culture, Media and Sport told the same committee of inquiry in rejecting the right of parliament to interfere with ministerial appointments: “Prime ministers have to have the freedom to appoint and fire ministers for which they are ultimately responsible.
“Their freedom of movement is restrained enough by the need to balance their government politically and keep ‘big beasts’ happy…” And British-born Australian-based politics professor Keith Dowding, told the same committee: “ There is no evidence that high (Cabinet) turnover affects the delivery of policy. Ministers do not deliver policy; civil servants do.” He goes on: “The ability of the prime minister to shuffle at will (subject to political and practical constraints) enhances her authority. To have constitutional constraints on that ability would hamper both prime ministerial authority and parliamentary accountability.” He adds: “High ministerial turnover might have some deleterious effects on the capacity of the government and the civil service to produce and implement policy. “However, the disadvantages of taking away parliamentary and prime ministerial discretion to remove or shuffle ministers due to political or administrative contingencies would be far worse. “It should not be assumed that within the constraints with which they operate prime ministers are not trying to run an efficient government.”

Conclusion:
Cabinet reshuffles should remain the prime minister’s key instrument of managing government. And, if there is a constitutional brake on how s/he could best do this then the constitution is in effect impeding our parliamentary democracy. I suspect prime minister Stuart is aware of this and for obstinate and/or political reasons is refusing to move Mr Sinckler who is neither equipped through occupational experience (working for an NGO does not prepare one to be a finance minister), training (a post-graduate degree in trade only goes part of the way) or demonstrable capability (just look at his performance in office).
A failing minister left in office for too long becomes stale and runs out of ideas unless s/he has a particular passion and commitment to his/her portfolio – Cameron Tudor at education is a good local example. Of course, on assuming office, the prime minister – the person who the majority party elects as leader – presents him/herself to the Sovereign (governor general) to establish a claim to form the new government. But that act is one of assuming office as a government, not one of the Sovereign approving individual ministerial appointments. Although the ministerial Code states that it is a prerogative power of the prime minister to recommend to the Sovereign the appointment, dismissal and acceptance of resignation of ministers and to determine the membership of Cabinet and Cabinet committees….” it nevertheless goes on to say the prime minister is responsible for the overall organisation of the Executive and the allocation of functions between ministers in charge of departments.” Sir Jeremy Heywood, secretary of the Cabinet, told the committee of inquiry: “”..reshuffles of Cabinet are primarily political events, driven by the prime minister’s own views…..(D)uring a reshuffle, the Cabinet secretary may need to advise the prime minister on three broad areas: First, the number of ministers and the balance of Commons and Lords ministers….”, second, pressures on departments and third, likely conflicts of interests. No need to advise the PM to seek Sovereign approval.

In short, the recommendation to the Sovereign (in our case the governor general) is just functionary and there is no constitutional power to reject the prime minister’s recommendation. As Professor Dowding reminds us: “I see no need for the hiring and firing of ministers to be put on a statutory footing. There are no problems that emerge in the UK that do not exist in other countries. Parliament could be given a role in endorsing each ministerial appointment, but in a single-party government that would be largely ceremonial….”

For further reading, see Samuelk Berlinski, et al Accounting for Ministers: Scandal and Survival in British Government 1945-200

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74 responses to “Notes From a Native Son: Reshuffling Sinckler Out of the Cabinet Needn’t Be Painful”

  1. millertheanunnaki Avatar
    millertheanunnaki

    @ dompey | April 5, 2014 at 10:25 AM |

    How do you know the number of people taking lithium?

    Do they attend the same pharmacy or clinic as you Marcus Felony, the man with multiple personalities?
    Surprise us and tell us who on this blog take lithium other than ac and Bushie the BBE weed whacker. LOL!!


  2. Perhaps ,the medical doctor Georgie Porgie, is able to give credence to what I am saying?


  3. Mill

    I have a license to administer medication brother.

  4. Georgie Porgie Avatar

    dompey | April 5, 2014 at 10:41 AM |
    Perhaps ,the medical doctor Georgie Porgie, is able to give credence to what I am saying?
    SIR I DONT USUALLY RESPOND TO ILLITERATES WHO ENGAGE IN MORONIC MOUTHINGS ON BU

  5. Caswell Franklyn Avatar
    Caswell Franklyn

    I was not following this thread but while browsing, I noticed that I was misunderstood and misquoted.

    In accordance with section 65 of the Constitution, the Governor-General appoints ministers on the advice of the Prime Minister.

    If the PM wants to rid himself of a minister, he must ask the GG to revoke the minister’s appointment. In such cases the GG must act on the advice of the PM. Even in the event of a reassignment of ministerial portfolios, the PM must advise the GG to make the changes.


  6. Georgie Porgie

    I haven’t anything to prove sir. You told the BU forum several weeks ago that you attended medical school in the Caribbean. So obviously, you have to defend your own record because you’re beginning to sound more like a boldface liar. And finally, can you explain to the BU forum: the five rules which any doctor ought to know, when he or she is admintering medication to a patient? This just to test the validity of your claim and to return the credibility you’re lacking, since you put your foot in your own mouth.


  7. Dompey…..to save you further embarrassment, i feel real generous today, for the time I have been on BU, GP has contributed and educated on medical matters and has done so in quite a professional manner and extensive manner as a doctor, don’t take it further…try to save face. I want to share some info, just looking for the right thread, you can contribute even better there.


  8. Georgie Porgie

    And one more thing sir: it is kinda sad watching you attempt to fit your entire vocabulary into a sentence. Man, if you’re the example of what Barbados has for intelligence, then it is no wonder why our educational system is in trouble.


  9. Well Well

    I have worked with doctors you probably never heard about. And with one MRI machine in Barbados, what can you tell me about medicine that I do not already know.


  10. Well Well

    I’ve found that in my twenty odd years working in the healthcare industry: that the nurses are best informed than doctors, but the ethics of the job prevents than from given medical advice. I have seen nurses redirecting doctors on many occasions and that’s the honest truth.


  11. “Estwick stated that he voted party because it would have affected civil servants pay and it would have taken months if an election was called. ”

    I am not sure that statement is totally correct. My understanding is that the Governor -General can sign an order up to a maximum of three months to facilitate the payment of salaries and wages if the appropriation bill is not passed. However, it is inconceivable and would not say much of Mr Estwick if a man who has held the post of Minister of Economic affairs was not before aware that expenditure is halted but can be temporarily continued on the discretion of the for a period of three months if the appropriation bill is not passed. The major fallout if the bill was not passed would be to the Administration who would be forced to resign under the much touted Westminster system which we conveniently practice.


  12. Georgie Porgie

    I thought I would never have to say this but sir, you reek with arrogance. And that isn’t a quality you usually see associated with the well educated.

    And to make matters worse: you have the audacity to use the Bible as your weapon to beat another into shape. GOD PUT YOUR WORDS IN THAT MAN’S MOUTH.

  13. Georgie Porgie Avatar
    Georgie Porgie

    DONKEY
    TRY TO READ, LEARN, AND INWARDLY DIGEST
    PROVERBS 26: 4-5 Answer not a fool according to his folly, lest thou also be like unto him.

    Answer a fool according to his folly, lest he be wise in his own conceit.

    NOW BE OFF THOU MEMBER OF THE LOWEST OF THE EQUINOIDS.


  14. Wunna think Freundel is a sweetbread? He handed Sinkler a poisoned chalice for the ” eager eleven” fiasco. Sinkler will never be PM after doing Freundel’s dirty work. Politics is a blood sport.


  15. Georgie Porgie

    A fool as described within the Biblical context, is one who does know God’s word. Brother, am Save, Sanctified and filled with the Holy Ghost, as the spirit gives utterance. I know my Bible, so don’t preach to me Satan.


  16. Georgie Porgie

    I have been a Pentecostal for the last twenty years. Baptized in Jesus and care little for the trinity doctrine. Now, I want you to pensively contemplate Proverbs 4:7 which reads: ” Wisdom is the principle thing, therefore get wisdom, and in all thy getting get understanding.”


  17. Georgie Porgie

    Yes, brother, the Oneness- Doctrine is where I am at Porgie. Remember Jesus expressly stated in the Hebrew Scriptures that: I and my Father are one. ( John 10: 30) We believe that Jesus is God manifested in the flesh and this is also evident in John 1:1.


  18. Well I see a Min of Finance having consultations with a number of people. It would be ridiculous to assume that he is acting on his own. So the rotating of people while keeping the same (highly paid) advisors in place would be irrelevant.

    Now to the question of reshuffling a Prime Minister … hmmm


  19. Can one of our constitutional experts help me. If the prime minister is unable to carry out a reshuffle without the authority of the head of state, is this authority formal or ceremonial? If it is formal, what happens if the head of state refuses to endorse the prime minister’s recommendations?
    can the head of state substitute his or her own names for those submitted by the prime minister? If so, and his/her decision was to be challenged can this be done in the Supreme court? Would this mean the chief justice would in effect be appointing the Executive? Would an appeal from the Supreme
    Court to the CCJ mean that this power would be transferred to the CCJ?
    Are we facing a constitutional timebomb that is about to explode, given that we nearly got a tied parliament?


  20. I cannot understand why we are seemingly trying to make a mountain out of a molehill.

    The Prime Minister is bound by the Constitution to keep the Governor General fully informed concerning the general conduct of the government of Barbados and shall furnish the Governor General with such information as the Governor General, acting in his discretion may request with respect to any particular matter relating to the government of Barbados. This includes the Assignment of responsibilities to Ministers which would include the re-assigning or re- shuffling of Ministers who must be sworn to their new duties by the Governor-General.


  21. Hal Austin, I am no expert in Con Law but the exert below is of interest to the questions you posed. Bear in mind that after the monarchy was restored in England Parliament eventually took away all the REAL power it had leaving Royalty virtually powerless. The mistake Parliament made was not disposing of that institution permanently when Charles 1 head was cut off. In our time and at every opening of Parliament in London the Queen reads a speech written for her by the Government of the day. They have nothing to fear from the opinion of the Monarch. The Monarch has no interest in interrupting her great life with the stress of politics. This has been the case since the 1600s. Until……….

    From Wikipedia, the free encyclopedia

    “The 1975 Australian constitutional crisis (often known simply as “the Dismissal”) has been described as the greatest political and constitutional crisis in Australian history. It culminated on 11 November 1975 with the removal of the Prime Minister, Gough Whitlam of the Australian Labor Party (ALP), by Governor-General Sir John Kerr, who then appointed the Leader of the Opposition, Malcolm Fraser, as caretaker Prime Minister.

    Whitlam’s Labor government had been elected in 1972 with a small majority in the House of Representatives, but with the Opposition controlling the Senate. Another election in 1974 resulted in little change. While the Whitlam Government introduced many new policies and programs, it was also rocked by scandals and political miscalculations. In October 1975, the Opposition used its control of the Senate to defer passage of appropriation bills, or supply, which finance governmental operations and which had been passed by the House of Representatives. The Opposition stated that they would continue to do so unless Whitlam called an election for the House of Representatives and urged Kerr to dismiss Whitlam unless he agreed to their demand. Whitlam believed that Kerr would not dismiss him, and Kerr did nothing to disabuse Whitlam.

    On 11 November 1975, Whitlam intended to call a half-Senate election in an attempt to break the deadlock. When he went to seek Kerr’s approval of the election, Kerr instead dismissed him as Prime Minister, and shortly thereafter installed Fraser in his place. Acting quickly before all ALP parliamentarians became aware of the change of government, Fraser and his allies were able to secure passage of the appropriation bills, and Kerr dissolved Parliament for a double dissolution election. Fraser and his government were returned with a massive majority.

    The events of the Dismissal led to only minor constitutional change. The Senate retains its power to block supply, and the Governor-General the power to dismiss the Government. However, those powers have not been exercised again. Kerr was widely criticised by ALP supporters for his actions, resigned early as Governor-General, and lived much of his remaining life abroad. Though Whitlam and Fraser later reconciled, Kerr, who died in 1991, continues to be reviled in some quarters.”


  22. Have we conveniently forgotten:

    That the Minister of Finance and Economic Affairs, Christopher Sinckler said his life had been threatened and as a result, he is currently being ‘detailed’ by member of the local constabulary. He was reported as saying…..“On my way here I received a call from my secretary [telling me to] come back because a Superintendent from the Royal Barbados Police Force Special Services wanted to speak to me on a security matter… He told me that they had credible information that two people were overheard planning to shoot me.”
    What is the status of this investigation? Has the police Special Branch made any progress in determining the reason behind this alleged “hit” or the identities of the alleged “assassins”?

    Sinckler’s comment that school children were being allowed to travel free on Transport Board buses as a measure of security, because they were being taken in and out of Barbados for the purpose of prostitution.
    Does not his statement contradict those reasons given by David Thompson’s during the 2008 budget presentation?

    Sinckler’s revelation that he was reliably informed of a discussion held in a BLP secret meeting, which suggested…… should the BLP be elected to office in 2014, they would retrench 10,000 civil servants?

    Will we be correct in viewing these comments as “red herrings”, the sole purpose of which, was to distract all and sundry from important issues, especially at a time when Sinckler was apparently under pressure?

    Sinckler the politician = 100%
    Sinckler as MoF = Reshuffle


  23. […] The following was posted by Artaxerses on the blog Notes From a Native Son: Reshuffling Sinckler Out of the Cabinet Needn’t Be Painful […]


  24. Still a good argument on Cabinet reshuffles.

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