Constitution (Amendment) (No. 2) Act, 2021

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Constitution (Amendment) (No. 2) Act, 2021
Barbados, Karibik - The West-Wing of the Parliament of Barbados and the Clock Tower - panoramio.jpg
Parliament of Barbados
  • An Act to alter the Constitution in order to provide for Barbados to become a republic with a President who shall be Head of State of Barbados; and to provide for related matters.
Citation Act 2021–22
Territorial extent Barbados
Passed by House of Assembly of Barbados
Passed28 September 2021
Passed by Senate of Barbados
Passed6 October 2021
Royal assent 7 October 2021
Signed by Sandra Mason (Governor-General of Barbados)
Commenced11 October 2021 (section 7)
30 November 2021 (other sections)
Legislative history
First chamber: House of Assembly of Barbados
Bill citation Constitution (Amendment) (No. 2) Bill, 2021
Introduced by Mia Mottley (Prime Minister of Barbados)
Introduced20 September 2021
First reading 28 September 2021
Second reading 28 September 2021
Second chamber: Senate of Barbados
First reading29 September 2021
Second reading6 October 2021
Related legislation
Barbados Independence Act 1966
Keywords
Republicanism, Head of state, Diplomatic credentials, Commonwealth membership criteria
Status: Current legislation

The Constitution (Amendment) (No. 2) Act, 2021 is an act that amended the Constitution of Barbados to replace the Monarchy of Barbados as the country's Head of State with the office of the President of Barbados thereby transitioning its form of governance from a monarchy to a republic. Under the Act all of the functions previously performed by the Monarch and their Governor-General were transferred to the president. The amendment was passed on the 6 October 2021 with its commencement via proclamation being 11 October 2021 (section 7) and 30 November 2021 (other sections). [1] [2] [3] [4] Its long title was:

Contents

An Act to alter the Constitution in order

(a) to provide for Barbados to become a republic with a President who shall be Head of State of Barbados; and

(b) to provide for related matters.

Background

Barbados became an independent nation state on 30 November 1966, having previously been a British colony. Like many other former colonies, Barbados became a Commonwealth realm, with Elizabeth II as Queen of Barbados.

In September 2020, the Barbados Labour Party government of Prime Minister Mia Mottley announced in its Throne Speech that Barbados would become a republic by November 2021. [5] [6] The Barbados Labour Party held a two-thirds majority in both houses of the Barbadian Parliament (including all but one lower house seat), enough to approve a constitutional amendment. [7] [8] If the plan was successful, it meant that Barbados would cease to be a Commonwealth realm, but would maintain membership in the Commonwealth of Nations. [9] [10]

Legislative history

The Bill was introduced to the House of Assembly of Barbados on 20 September 2021 and had its first and second reading on the 28 September 2021. The Bill was then passed that same day and sent to the Senate the following day on the 29th where it had its first reading that day and its second reading on 6 October 2021. It was then signed into law on the 7 October 2021 by Governor-General Sandra Mason.

Amendments

Criticism

Then Opposition senator Caswell Franklyn, while supportive of the transition to a republic, criticized the bill stating that a new constitution "should be drawn up" to facilitate the transition instead of an amendment to the Barbados Independence Act 1966, further adding that the process was "rushed". [12]

See also

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References

  1. crossmedia (8 October 2021). "Gazette - October 8, 2021 Constitution Amendment ACT Part A & S.I. | Government Printing Department". governmentprintery.gov.bb. Retrieved 16 January 2024.
  2. "S.I. 2021 No. 83". Government Printing Department. 22 November 2021. Retrieved 21 August 2024.
  3. "Barbados Parliament Bills Archive | Constitution (Amendment) (No. 2 ) Bill, 2021". www.barbadosparliament.com. Retrieved 16 January 2024.
  4. crossmedia (11 October 2021). "Gazette - October 11, 2021 Part A | Government Printing Department". governmentprintery.gov.bb. Retrieved 16 January 2024.
  5. "Barbados to remove Queen Elizabeth II as head of state and declare republic". The Independent. 16 September 2020. Archived from the original on 16 September 2020. Retrieved 16 September 2020.
  6. "Barbados revives plan to remove Queen as head of state and become a republic". The Guardian . 15 September 2020. Archived from the original on 16 September 2020. Retrieved 15 September 2020.
  7. "Editorial: The Need for Reform". The Barbados Advocate. 20 August 2020. Archived from the original on 17 September 2020. Retrieved 16 September 2020.
  8. Taylor, Rebecca (16 September 2020). "Queen responds after Barbados removes her as head of state – 'it's a matter for the people'". Yahoo News UK. Archived from the original on 20 September 2020. Retrieved 16 September 2020.
  9. Team, Caribbean Lifestyle Editorial (15 September 2020). "Barbados to become an Independent Republic in 2021". Caribbean Culture and Lifestyle. Archived from the original on 23 September 2021. Retrieved 15 September 2020.
  10. Speare-Cole, Rebecca (16 September 2020). "Barbados to remove Queen as head of state by November 2021". Evening Standard. Archived from the original on 13 August 2021. Retrieved 16 September 2020.
  11. 1 2 "Constitution (Amendment) (No. 2) Bill, 2021" (PDF). Parliament of Barbados. 20 September 2021. Archived from the original (PDF) on 21 September 2021. Retrieved 21 September 2021.
  12. Today, Barbados (7 October 2021). "Franklyn: Barbados needs all-new Constitution". Barbados Today. Retrieved 16 January 2024.