Barbados is in the grip of the worst pandemic, in my lifetime, Covid-19 that has taken the lives of over 200,000 people worldwide to date. And it does not seem that the Government is up to the task of managing this crisis. To my mind, it is certainly not setting the example by complying with the conditions that it has imposed on the population.
Government has imposed a 24-hour curfew that requires persons to stay indoor, and if you must leave home, you should practice social distancing. It therefore completely baffles me that Government would summon the Senate to meet on Monday, April 27, 2020 to debate: the Exchange Control (Amendment) Bill, 2000; the Control of Disposable Plastics Bill, 2000; and the Income Tax (Amendment) Bill, 2020.
The Exchange Control (Amendment) Bill relates to the validation of a budgetary measure to impose a foreign exchange fee by the last administration that was effective from July 17, 2017; and also to validate the collection of this administration’s fee on foreign transactions. The time to collect these taxes, without legislation being in place, has expired according to section 3 of the Provisional Collection of Taxes Act.
The Control of Disposable Plastics Bill, 2020 repeals and replaces a similar act that was passed and also subsequently amended in 2019.
Why is Government unnecessarily risking the lives of senators.
The foregoing is bad enough but it pales into insignificance when compared to Government’s handling of the rules to deal with the current state of emergency. When Government decided to impose a state of emergency, it had two sensible options open to it.
A state of emergency could have been declared under section 25 of the Constitution or under section 2 of the 1939 Emergency Powers Act. Instead, the Government chose to amend the Emergency Management Act by re-enacting certain provisions of the Emergency Powers Act. Those provisions would have been unconstitutional but for section 26 of the Constitution, which saved laws that were inconsistent with sections 12 to 26 of the Constitution that were passed before 30th November 1966 from being unconstitutional.
Section 26 also allows Parliament to re-enact those pre-independence provisions without significant alterations. However, Government went a step further and included a provision in the amendments to the Emergency Management Act, at section 28A.(6) that allows Cabinet to delegate, to the Prime Minister, its powers to make such directives as may be required in the public interest.
The power given to the Prime Minister did not previously exists and therefore could not have been saved by section 26 of the Constitution. To my mind, in order to bestow this power on the Prime Minister, Parliament would first have to amend the Constitution, and it did not. It would therefore appear that the Prime Minister or, in this case, the acting Prime Minister had no power to make directives under a state of emergency.
But it gets worse. When the substantive Prime Minister went on sick leave, the Hon. Santia Bradshaw was sworn in to act. Subsequent to Ms Bradshaw assuming the role of acting Prime Minister, the substantive holder, Ms Mottley, resumed her role and addressed the country on April 11th. We are also told that she participated in Cabinet meetings by Zoom.
When Ms Mottley resumed her role as Prime Minister, Ms Bradshaw would have immediately ceased to be acting Prime Minister, or Barbados would have had two prime ministers at the same time. Summa cedes non capit duos – The highest seat does not hold two. She would have to be sworn in again when Ms Mottley went back into her sick leave.
Even if the change in the law, to allow Cabinet the authority to delegate its power to the Prime Minister, were constitutional; we are still left with the fact that there was no one sworn in to act as Prime Minister who could have properly made the Emergency Management (Covid-19) Curfew (No. 3) Directive on April 14, 2020.
For the avoidance of doubt, I am in favour of measures, including the curfew, to deal with the Covid-19 pandemic. However, I am not in favour of the Government breaching the constitutional rights of citizens to achieve that end. As far as I’m concerned, the directives issued on April 14th are not properly in place and therefore ineffective.
LOL, LOL.. With a nod to MC…Absolutely ‘priceless’.
@Mr Austin the blogger did NOT say that YOU DIRECTLY CALLED anyone corrupt.
She certainly said that you ‘make out’ that “Barbadians are the most stupid and corrupt creatures in the entire universe” and that is EXACTLY what you then affirmed by saying .: “I have said it is the culture, from the hawkers, vicars, undertakers and teachers to the lawyers. It is just a matter of opportunity. We have had that debate recently about price gouging. That I call the Barbados Condition, a sub-culture of soft, normalised dishonesty, not corruption, which is different.”
Absolutely it is DIFFERENT … you framed it as ‘a subculture of of soft, normalised dishonesty’ and she said you make out that we are corrupt.
Come on guy…if YOU play lovely semantics and call an ass a donkey how then can you accost her for similiar semantics as calling your donkey an ass…
BU intelligentsia are absolutely PRICELESS.
@David I say to you again sign a contract with the UE Psy department or better still the one at the LSE 🙂 to mine this blog and have graduate students write these on this our ‘Bajan Condition of Lil England’ … bro you have a goldmine of psychological analysis here. 🙂 … absolutely priceless!
@DPD
john2
April 29, 2020 4:44 PM
@CHARLES
What says ye?
It can also be argued that the address to the nation is possible today because of the advances in technology.
Back in the days the meeting with key leaders could have been done on her sick/recovery bed at home or in hospital. and the address the nation could have been done by telephone over radio from her recovery bed.
In the above case the power would still be in the hands of the acting PM since the substantive PM would still have been seen as “unable to perform her duties”
She will only officially resume her duties when she indicates this to the GG / physically take her position as chairperson of cabinet meetings or her seat of MP in the house.
what says ye?
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Presiding in Cabinet
The Prime Minister shall, so far as is practicable, attend and preside at all meetings of the Cabinet and in his absence such other Minister shall preside as the Prime Minister shall appoint.
Governor General to be informed concerning matters of government
The Prime Minister shall 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.
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My take – if santia was sworn in by the GG on the advice of Mia,
Santia (not MIA) is performing the duties of 70
And between the (two) there is no advice to the GG that Mia is official back.
1.Then Mia can meet with who she wants and address the nation whenever she feels like does not mean that she had officially return to duty.
The Acting PM had the power of the office of the PM on April 14th.
The curfew law is constitutionnal.
PS. If my memory serves me correct – I think MIA address to the nation was after April 14 , which would have been after the curfew laws was passed.
Your contribution does not reflect the constitutional reality because it overlooks the fact that in addition to the office of Prime Minister there is also the office of the Supreme Leader. The people of Barbados have appointed Mia Mottley a level above the Constitution as Supreme Leader. That office is the highest office. The leader alone decides who is GG and who is PM and what they are doing. Mia Mottley cannot resign or be suspended from this office. Therefore, Mia Mottley may at any time take back the affairs of government by virtue of leadership.
Hal
Let me go sloooowly as I suspect you maybe experiencing early signs of dementia or Alzheimers.
Enuff April 29, 2020 1:12 PM
“We are very pleased to announce that LSE Law has risen in the QS World University Rankings, now placed at number six in the top ten universities worldwide for studying law.”
Then I later posted the Table becuz 3 Degrees like he thought I made up my comment.
Top 10 Law Schools in the World
Based on the QS World University Rankings by Subject 2020
1 Harvard University
2 University of Oxford
3 University of Cambridge
4 Yale University
5 Stanford University
6 LSE
7 University of California, Berkeley
8 Columbia University
9 New York University (NYU)
10 The University of Melbourne
QS World Rankings, LSE and 6th place are the operative words.
l
Plse tell us the time and date the original of this post was published. Or, say if it was removed by the chairman. PLEASE, PLEASE
Is your April 29, 1.12pm what you have re-produced below?
Pay Hal no mind. Let me spell out what I posted earlier for 3 Degrees
Top 10 Law Schools in the World
Based on the QS World University Rankings by Subject 2020
1 Harvard University
2 University of Oxford
3 University of Cambridge
4 Yale University
5 Stanford University
6 LSE
7 University of California, Berkeley
8 Columbia University
9 New York University (NYU)
10 The University of Melbourne
Also, plse publish the evidence justifying the below statement, the original cause of concern. SHOW US EVIDENCE OF WHICH LSE IS THE TOP LAW SCHOOL IN THE UK, not just the world. Or is it just another attempt to prove people wrong, no matter what they say?
She is only a law graduate of an institution which some consider the greatest social science university in the world, bar none….(Quote)
IS THIS STATEMENT TRUE? IS 6TH IN LAW “THE GREATEST SOCIAL SCIENCE UNIVERSITY IN THE WORLD”?
I GO FURTHER, SHOW US EVIDENCE OF WHICH THE LSE IS THE TOP SOCIAL SCIENCE SCHOOL IN London, FAR LESS THE WORLD. LSE COMES TOP ON ONE TABLE ON SOCIAL POLICY. THAT IS ITS BREAD AND BUTTER, IT IS IN THEIR DNA, THAT IS WHAT THE WEBBS SET UP THE SCHOOL TO DO.
Don’t reply unless you are going to provide the evidence. I do not mind a robust debate, even if some people get bored, but I have reluctantly reached the conclusion you are a fabricator. You can Google at your own pace.
@ Enuff
Why prolong this silly argument, don’t you know that silly man thinks everybody is a fabricator?
He said that the government took over Rocklyn and Elite when it formed the Transport Board in 1955.
People asked him a lot of times to prove it and he REFUSED.
Why should you let him bully you into answering him?
Enuff, do just like what he told PLT to do on another blog:
Once you know you are being honest, right or wrong, you do not have to explain yourself. It is for your critics to prove your lack of integrity, not for you to prove it. {Quote}
I am not here for the petulance.
Hal AustinApril 29, 2020 5:45 AM
She is only a law graduate of an institution which some consider the greatest social science university in the world, bar none….(Quote)
Wow! Evidence, plse. Evidence. Is LSE in the top 10 of UK universities (or constituent colleges), either on teaching or research? What is its world ranking? What is it ranking in the UK as a law school?
https://www.thecompleteuniversityguide.co.uk/league-tables/rankings
https://www.timeshighereducation.com/student/best-universities/best-universities-uk#survey-answer
https://www.studying-in-uk.org/best-law-universities-in-uk/
I am done.
@ Enuff April 30, 2020 1:18 PM
Our leader has studied at a grand faculty where the big picture is taught, not the details.
In an emergency situation like ours for the people and the state, the constitution offers no normatively binding rules. Our leader had to step into this gap to protect the people and creatively develop the constitution further. Leadership is more important than being a servant of outdated rules.
Therefore, the decisive factor is no longer the letter of dusty codes, but the will to save the people and the nation.
Whoever accuses Mia Mottley of breaching the constitution puts oneself on the side of injustice.
@ Donna, the Gentle and the Genteel
There is a word called autantonym and de ole man has to find its meaning for you
“…An auto-antonym or autantonym, also called a contronym, contranym[1] or Janus word, is a word with multiple meanings (senses) of which one is the reverse of another. For example, the word cleave can mean “to cut apart” or “to bind together”. This phenomenon is called enantiosemy,[2][3] enantionymy (enantio- means “opposite”), antilogy or autantonymy…”
It is a big word but de ole man is going to use it to explain Mr. Hal Austin whom I call Hal.
Many of you misunderstand Hal and what seems to be the sole thing that he is guilty of here.
He speaks to “the Bajan Condition”
De ole man has his condition too I use to use the word Sheeple and one day i get cuss for that word until it hit me.
Like how my fellow myope and apostate hit me when he used to say bare sport in the Rum Shop!!!
It is not that Hal, or Dr. GP or de ole man or Tron or any of those here who use these seemingly constant diatribes and derogatory remarks love Barbados less.
It is simply that we love it too much!!
We use these autantonymic words because we understand that all the other language does nothing with sheep!!!
You think that it gives us pride to call out our sheeple, or to liken our fickle discourses while the despot Mugabe destroys the country to talk in a Rum Shop or to constantly have to call the constant bajan practice of attacking a man or woman during a conversation “the Bajan Condition?”
If we were not real bajans the response would be to run far from this place and lef sheepile, suffering from the Bajan Condition in the Rumshop!
But these Janus like words, over the course of time, make a lot of the people here say “I am not a sheeple”, “I am not a rum shop discourser” or “I have no Bajan condition”.
Observe that over the course of the years here that a different type of discourse has begun where, it matters not the subject, different people are coming to BU and making comments!
Some for Mugabe as there were some for Fumbles but now there are those who are speaking out against Mugabe which a democracy must always be able to do!
Mariposa (all ten of them from their different IP addresses) have their place
TO KEEP US VIGILANT!!!
https://imgur.com/4PD5Xmg
@ DpD aka the Ingrunt Word
de ole man sends you greeting too!
The spanner that John 2 was throwing and continues to throw was this.
“…The Governor General may, by instrument under the Public Seal, revoke any authority given under this section.
The powers conferred on the Governor General by this section shall be exercised by him acting in his discretion if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, and in any other case shall be exercised by the Governor General in accordance with the advice of the Prime Minister…”
If you look carefully at the many CBC Reporting Lies News Coverage you will recall that Mugabe KNOW FULL WELL THAT SHE WAS GOING TO SUBVERT THE CONSTITUTION made sure that the Governor General spoke on TV during this period of her breaking the constitution!!
Mugabe thought that she might not have recovered from the operation and what she wanted to do was make sure that Santia continued in her stead!
De ole ma does see dese tings from High Places heheheheheheheheh
Dem doan like de ole man for dis capacity watch how dem gine run heah to cuss de ole man heheheheheh
BARBADOS IDIOTS SHOULD TAKE NOTE HOW GUYANA GOVERNMENT A CARICOM MEMBER IS TREATING ITS CITIZENS DURING THEIR CURFEW FOR BREAKING LAW.
MIA CARES BY JAILING AND HEAVY FINES FOR BARBADOS POOREST AND DISADVANTAGED CITIZENS.
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GEORGETOWN GUYANA
Court orders curfew offender to hold up sign for hour
A man who breached the curfew which is in place to prevent the spread of the novel coronavirus disease (COVID-19) was yesterday sentenced to one hour of standing and displaying a curfew notice.
The police yesterday said that Romal Gardner was charged for breach of restriction to home. He appeared at the Diamond/Golden Grove Magistrate’s Court.
“Breach of restriction to home, in contravention of No.1 Restriction of the COVID-19 Emergency Measures #53/2020, contrary to Section 21 (2) of the Public Health Ordinance, Chapter 145”, was the charge, the police said.
https://www.stabroeknews.com/2020/04/30/news/guyana/court-orders-curfew-offender-to-hold-up-sign-for-hour/
@ NorthernObserver April 29, 2020 12:38 AM
I have finally found the right office for the outspoken senator.
Our leader Mia Mottley should appoint him Rear Admiral Third in Command of the landship BLS Queen Mary.
You all know what happened to the HMS Queen Mary at Jutland.
@Tron
Unfortunately weak. With a supreme leader of such strength and leadership, her quorum of reportees could be significantly strengthened by his addition.
The BLS Queen Mary was laid to rest moons ago, along with its engine. Its dock was repurposed. The only ship these days is BLS Director. I believe the good Senator does own a landshark, which goes by Snowy
I however, thank you for your kind consideration, and look forward to your next proposal, which I expect will be of far greater substance and purpose.
How about an ambassadorial post in London or New York from October on? The senator would have to shake a lot of hands, of course. A state funeral is included free of charge.
Diplomatic protocols are changing with the times. A state funeral is expected regardless of position. You are certainly getting warmer
“If you look carefully at the many CBC Reporting Lies News Coverage you will recall that Mugabe KNOW FULL WELL THAT SHE WAS GOING TO SUBVERT THE CONSTITUTION made sure that the Governor General spoke on TV during this period of her breaking the constitution!!
Mugabe thought that she might not have recovered from the operation and what she wanted to do was make sure that Santia continued in her stead!.”
Safe to say then if that’s the case, still plotting and planning against the people while on a proverbial death bed.
Only the fowls and the weakminded, softheaded can rejoice at a tinpot leader stupidly shutting down supermarkets for 2 whole weeks egged on by dumbass fowls, creating chaos and mayhem and long lines for no other reason than PURE EVILMINDED WICKEDNESS….then running off to CNN to use those same long supermarket lines AS A PROP to spout UTTER SHITE ON THE WORLD STAGE…while the fowls and fools APPLAUDED…
and these asses thought that no one would notice any of it…how embarrassing, how deluded and downright desperate…just could not find a better word to describe that DISPLAY..
it’s insulting and disrespectful to people who could actually see these vile, repulsive, nonproductive power plays of idiocy..
@ Senator Caswell Franklyn
De ole man continues to encourage you to press on with your Civic Campaign
Even while you are deserted by those who pretend to be your friend.
Like that man who tear up all Barbados Underground with he chant bout Caswell Franklyn for Barbados.
De ole man tell you to ignore dem! Time she you which side he bread buttered on!
Here is an item that embodies what you are doing
“…Democracy. Women’s rights. Freedom of the press.
The rule of law. From Afghanistan to Zimbabwe, China to Peru, dissidents are working tirelessly for the liberties so many take for granted.
Their fight isn’t an easy one — dissidents often pay a price for their work in the form of surveillance, kidnappings, beatings, assassinations, arrests, and torture…”
Dem rob you at gunpoint in Rock Hall to get you phone (you need to encrypt you phone) and use software dat encrypted too.
So when you phone get teif, it like a brick
Watch Senator watch as they continue to try to disrupt what de ole man tell you gine come to pass.
Mugabe is a one term government
Prepare yourself and guard yourself too, get a gun! Protect yourself!
@Senator
You received honourable mention by the prime minister in her prime time address?
To political pundits it seems the passive/docile approach to prosecuting matters by your colleagues in the lower and upper houses is making your style of delivery seem out of place for some. Hopefully in your strategy sessions your party will do an assessment.
David
My contributions are under constant review by the PdP. I really appreciate their feedback. Thankfully, my original instructions from Bishop Atherley have not changed. He requires me to speak my mind and vote my conscience, even if I differ with him. My style of delivery is only questioned when I show up the Government. However, when I support the Government on any issue, you can hear the Government senators thumping the table. All I can say to you is that I call it as I see it. If some are offended, so be it. I will not change in order to get in anyone’s good books. At this stage in my life, I am not looking for friends but if I find one, again so be it.
With respect to the honourable mention from the Prime Minister: the PM, both of them, have consulted widely and I compliment them for that. My concern is that after the consultation, the implementation was too long delayed, which to my mind, served to put people at unnecessary risk.
Sent from my iPad
@Senator
Good to hear you have license to prosecute issues as you see fit. Unfortunately you appear to be the only game in town as opposition goes.
How you know the PdP having Strategy Sessions?
Heheheheh
….All I can say to you is that I call it as I see it. If some are offended, so be it. I will not change in order to get in anyone’s good books. At this stage in my life, I am not looking for friends but if I find one, again so be it…..(Quote)
Well said. Should be the motto of BU.
A snippet:
It is good to see the many proposals made by bloggers on BU. However, I am wondering if we are ignoring the lab and confining our observations to just the test tube. One blogger has repeatedly indicating that the problem is larger than what is being discussed but we continue the act of navel gazing.
In my stroll around the internet, I found the news to be very depressing. Let me focus on tourism and rehash what was said here previously but try to give it a global face.
We talk of tourism in Barbados, but what of tourism in the US (with over 80 M visitors [2017])? Tourism will be down everywhere and Barbados will be competing not only with neighboring islands, but with a global starving tourist industry.
We speak of unemployment in Barbados, but what of employment in the rest of the world? This will reduce the number of people who are traveling or can afford to travel.
Cruise lines are uncertain of when business can start up again. People are wondering who will travel on these floating petri dishes. The stock of cruise line companies is soaring one moment and plunging the next; but on the whole we have seen a precipitous decline in their values. Some companies may collapse and this may give rise to higher costs due to less competition.
How will social distancing work on cruise lines and on airplanes? A double whammy: Cost of tickets may increase and fewer people traveling.
The food supply line has been impacted in the US, so that we expect localized shortages of food. How will this affect a country that lives primarily on imports? Cost of a hotel stay would increase.
Some are fearful of what will happen to the oil industry/companies and therefore to global economies.
Some here have pronounced that the future of tourism is bleak, but I fear it may be worse than what is being described.
“We talk of tourism in Barbados, but what of tourism in the US (with over 80 M visitors [2017])? Tourism will be down everywhere and Barbados will be competing not only with neighboring islands, but with a global starving tourist industry.”
Even the PM is still yammering on and on about tourism, those who CONTROL the cruise lines and airlines will RESET….to benefit themselves….,there are ships still FLOATING aimlessly out there just waiting to be allowed to dock somewhere, anywhere and will for some time to come, airlines hanging on by a thread…Virgin is trying to offload so as not to end up bankrupt, which is looking UNAVOIDABLE….it’s a waste of precious time telling fools who have no control over any of that, where this going, better they see for themselves,
@C Franklyn
the PM, both of them, have consulted widely and I compliment them for that.
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Don’t let anyone tell you that you don’t have a sense of humour
For those who mumble on about the Westminster model of government, here is the UK’s House of Commons Speaker reminding the House of the grand traditions of proper parliamentary scrutiny.
In simple terms, important matters such as a stimulus must first be reported to parliament.
Here he is:
Mr Speaker
I am sorry that we did not get more questions in, but maybe we can speed up the teams next time and we will get through more.
We come to the urgent question to the Secretary of State for Health and Social Care. I will follow the practice for substantive questions whereby I will call the Secretary of State to answer the question first. Before doing so, I have a short statement to make, which is relevant to this urgent question.
It has been widely reported that the Government will make a major announcement about the review of lockdown this Sunday. I consider this a matter of regret. It is important that the press is kept informed, but it is the duty of this House to hold the Government to account, not the media. Major Government announcements should be made first in the House and this is more important than ever during this time of crisis.