Constitutional Changes (Hansard, 3 November 1958)

§ Mr. Lennox-Boyd

I have had discussions with Dr. P. V. Solomon, the Minister of Education and Culture, representing the Government of Trinidad and Tobago, about constitutional proposals based on the two Motions passed by the Legislative Council in September, 1957, and June, 1958. The Governor, Sir Edward Beetham, and the Attorney-General, Mr. Ellis Clarke, were present throughout the talks, and Mr. W. J. Alexander, a Nominated Member of the Legislative Council, attended the initial meetings. I also had discussions with representatives of the Democratic Labour Party, the main opposition party in Trinidad, at which the Governor was present.

In putting forward the views of his Government, Dr. Solomon confirmed their decision, earlier communicated to me, not to seek the removal of Her Majesty's powers to legislate by Order in Council and to disallow Ordinances. On the other hand, the Government wished three changes not included in either of the Motions to be made: that the Governor should consult the Premier regarding the appointment of Nominated Members before making such appointments acting in his discretion; that the Governor should dissolve and prorogue 19W the Legislative Council on the advice of the Premier and that a Judicial Service Commission should be set up. Dr. Solomon explained that the purpose in proposing that the Governor should consult the Premier before appointing Nominated Members in his discretion was to ensure that, if the necessity arose, the direction given by me in 1956 that the Governor should consult the leader of the majority party regarding the appointment of suitable Nominated Members so as to permit him to have a reasonable working majority should continue to apply. I confirmed that this would be the case and in the light of this assurance, Dr. Solomon on behalf of his Government withdrew this proposed amendment. On the question of the dissolution and prorogation of the Legislative Council, it was not the intention of the Trinidad Government that any amendment should go beyond the conventions in force in the United Kingdom. Dr. Solomon explained that the proposals in respect of the Judicial Service Commission were a logical development following the establishment of the Public Service Commission and the Police Service Commission. I took note of the views of the Trinidad Government, expressed by Dr. Solomon, that the retention of the Governor's power to refuse to assent to Bills was unnecessary inasmuch as Bills could be reserved for the signification of Her Majesty's pleasure. It was recognised, however, that future constitutional changes would involve the transfer from Her Majesty to Her representative in the territory of the Sovereign's discretion to assent to Bills. In the circumstances Dr. Solomon agreed that the appropriate course would be to leave the present provisions in the Constitution unaltered, and instructions to be given to the Governor not to exercise the power to refuse to assent unless so directed by Her Majesty.

Subject to the points which are explained in this statement, I agreed that the changes now sought by the Government of Trinidad and Tobago were appropriate at this stage of constitutional development in the territory and undertook to recommend them to Her Majesty in Council. These changes may be summarised as follows:

(a) the Governor will call upon the leader of the majority party in the Legislative Council to form a government; if no party 20 has a clear majority of elected seats, the Governor will call upon the person most likely to command a majority;
(b) the Chief Minister will be empowered to select and remove Ministers and Parliamentary Secretaries;
(c) the Chief Minister and not the Governor will preside at Executive Council meetings. The Governor, however, in his discretion may summon a special meeting of the Executive Council at which he will preside. The name "Executive Council" will be changed to "Cabinet" and that of "Chief Minister" to "Premier";
(d) the Colonial Secretary (to be redesignated "Chief Secretary") and the Attorney-General will retain their seats in the Cabinet and Legislative Council but will no longer be entitled to vote in the former;
(e) the Public Service Commission and the Police Service Commission will be remodelled as independent bodies with full-time chairmen, and the Governor will be bound to accept their advice except with regard to discipline and a few senior appointments;
(f) provisions dealing with the salaries of Ministers, Parliamentary Secretaries, the Speaker and Deputy Speaker, will be deleted from the Constitution but provision will be made preventing the reduction of the salaries of the Speaker and the Deputy Speaker during their continuance of office;
(g) the Premier will not be obliged to recommend the appointment of the full number (four) of Parliamentary Secretaries;
(h) if the Speaker is elected from outside the Legislative Council he will not have a casting vote;
(i) so long as it appears to the Governor that the Premier commands the support of the majority of the elected members of the Legislative Council the Governor will act in accordance with his advice in the dissolution and prorogation of the Legislative Council;
(j) the establishment of a Judicial and Legal Service Commission with executive functions except in regard to judges, in which case the Commission will be advisory to the Governor;
(k) the provision for the appointment of a ninth Minister.

In explaining the Trinidad Government's desire for the appointment of a ninth Minister, Dr. Solomon drew attention to the fact that under the present Constitution the Governor had discretion to declare which Departments and subjects may be assigned to Ministers and that no amendment to the Constitution was therefore necessary before responsibility for the Police could be transferred to a Minister. The transfer of Police to a Minister was regarded by the Trinidad Government as a logical next step and appropriate at this stage since the Minister of Finance was already responsible for pay, etc., and establishment matters, and the independence and responsibility of the Attorney-General 21W for the initiation, conduct and discontinuance of criminal proceedings would remain unaffected. Furthermore, there would shortly be established an independent Police Service Commission with executive authority. The ninth Minister would fill a twofold need: firstly, an additional Minister would in any event be necessary when Police was transferred to a Minister; and, secondly, quite apart from the question of the transfer of the Police, an additional Minister was necessary now if present Government business was to continue to be effectively discharged. In view of the position explained at the beginning of this paragraph, it was agreed that the transfer of the Police to a Minister could be considered as an issue quite separate from the constitutional changes now under discussion. In order not to delay these changes, which had been agreed in principle and which the Trinidad Government wished to see effected as soon as the necessary amending Instruments could be made, it was decided that the transfer of the Police to a Minister should be the subject of further consultation with me. Meanwhile I agreed to a provision for a ninth Minister as such.

While conscious of the reasons which led the Government to request the removal of the Governor's reserved Legislative powers, I was unable to reach a decision since there are considerable difficulties of a legal and constitutional character which have to be resolved. I am, however, hopeful that it will be possible to reach a decision before the agreed changes are submitted to Her Majesty in Council.

I welcomed the intention of the Government of Trinidad and Tobago to seek the appointment of a Select Committee of the Legislative Council to consider changes in the Constitution of a more fundamental nature than those which had been under discussion. The time is most opportune to consider further changes of this nature—changes which will lead the territory to a constitutional position which will be more appropriate in view of the approach of The West Indies to full independence within the British Commonwealth. The prospect of full independence within the Commonwealth for the Federation means that in Trinidad it is desirable to prepare the 22W ground now for the changes which will be necessary by that time.

Meanwhile, the changes listed at paragraph 4 above, will be submitted to Her Majesty in Council as soon as the necessary Instruments can be prepared.