THE SENATE

COMPOSITION OF SENATE

40.- 1. The Senate shall consist of thirty-one members (in this Constitution referred to as "Senators") who shall be appointed by the President in accordance with this section.

2. Of the thirty-one Senators-

a. sixteen shall be appointed by the President acting in accordance with the advice of the Prime Minister;

b. six shall be appointed by the President acting in accordance with the advice of the Leader of the Opposition; and

c. nine shall be appointed by the President in his discretion from outstanding persons from economic or social or community organizations and other major fields of endeavour.

QUALIFICATIONS FOR APPOINTMENT AS SENATOR

41.- Subject to section 42, a person shall be qualified to be appointed as a Senator if, and shall not be qualified to be so appointed unless, he is a citizen of Trinidad and Tobago of the age of twenty-five years or upwards.

DISQUALIFICATIONS FOR APPOINTMENT AS SENATOR

42.- 1. No person shall be qualified to be appointed as a Senator who-

a. is a citizen of a country other than Trinidad and Tobago having become such a citizen voluntarily or is under a declaration of allegiance to such a country;

b. is a member of the House of Representatives,

c. is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Trinidad and Tobago;

d. is mentally ill, within the meaning of the Mental Health Act, 1975;

No. 30 of 1975

e. is under sentence of death imposed on him by a court or is serving a sentence of imprisonment, by whatever name called, exceeding twelve months imposed on him by a court o substituted by competent authority for some other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended;

f. is disqualified for membership of the House of Representatives by virtue of any law in force in Trinidad and Tobago by reason of his having been convicted of any offence relating to elections; or

g. is not qualified to be registered as an elector at a Parliamentary election under any law in force in Trinidad and Tobago.

2. Parliament may provide that, subject to such exceptions and limitations, if any, as may be prescribed, a person shall be disqualified for membership of the Senate by virtue of-

a. his holding or acting in any office or appointment, either individually or by reference to a class of office or appointment;

b. his belongig to any of the armed forces of the State or to any class of person that is comprised in any such force; or

c. his belonging to any police force or to any class of person that is comprised in any such force.

3. For the purposes of subsection (1)(e)-

a. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and

b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

TENURE OF OFFICE OF SENATORS

43.- 1. Every Senator shall vacate his seat in the Senate at the next dissolution of Parliament after his appointment.

2. A Senator shall also vacate his seat in the Senate where-

a. he is absent from the sittings of the Senat for such period and in such circumstances as may be prescribed inthe rules of procedure of the Senate;

b. with his consent, he is nominated as a candidate for election to the House of Representatives, or he is elected to be a member of the House of Representatives;

c. he ceases to be a citizen of Trinidad and Tobago;

d. subject to the provisions of subsection (3) any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of subsection (1) of section 42 or any law enacted in pursuance of subsection (2) of that section; or

e. the President, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or in his discretion in the case of a Senator appointed by him in his discretion, declares the seat of that Senator to be vacant.

3. Where circumstances such as are referred to in subsection (2)(d) arise because a Senator is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where it is open to the Senator to appeal against the decision, either with the leave of acourt or other authority or without such leave, he shall forthwith cease to perform his functions as a Senator, so however that, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.

4. The President of the Senate may, from time to time, extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Senate.

5. Where on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the Senator, or where, by reason of the expiration of any period for entering an appeal or notice therof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.

6. Where at any time before the Senator vacates his seat, such circumstances as are mentioned in this section cease to exist, his seat shall not become vacant on the expiration of the period referred to insubsection (3) and he may resume the performance of his functions as a Senator.

APPOINTEMENT OF TEMPORARY SENATORS

44.- 1. Where a Senator has temporarily vacated his office under subsection (2) or is incapable of performing his functions a Senator by virtue of the priisions of section 43(3) or by reason of-

a. his absence from Trinidad and Tobago, or

b. illness,

the President may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate during such vacation of office, suspension, absence or illness.

2. Where the President of the Senate or the Vice-President of the Senate is acting as, or temporarily performing the functions of, President in accordance with section 27 then, without prejudice to the power of the Prime Minister, the Leader of the Opposition, or the President, as the case may be, with respect to appointments under section 40(2), the person holding the office of President of the senate or Vice-President of the Senate shall vacate that office temporarily during such period as he is acting as, or temporarily performing the functions of, President.

3. Section 43(1) and (2) shall apply in relationto a person appointed under this section as they apply in relation to a Senator, except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 43, and an appointemen made under this section shall in any case cease to have effect if the person appointed is notified by the President that the circumstances giving rise to his appointment have ceased to exist.

4. in the exercise of the powers conferred upon him by this section the President shall act-

a. in accordance with the advice of the Prime Minister in relation to a Senator appointed in pursuance of section 40(2)(a);

b. in accordance with the advice of the leader of the opposition in relation to a Senator appointed in pursuance of section 40(2)(b); and

c. in accordance with his own judgement in relation to a Senator appointed by him pursuant to section 40(2)(c).

PRESIDENT AND VICE-PRESIDENT OF THE SENATE

45.- 1. when the Senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a Senator, to be President of the Senate; and, if the office of President of the Senate falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as practicable, elect another Senator to that office.

2. When the Senate first meets after any general election and before it proceeds to the despatch of any other business except the election of the President of the Senate, it shall electe a Senator to be Vice-President of the Senate; and if the office of Vice-President of the Senate falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as convenient, elect another Senator to that office.

3. The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary to be the President of the Senate or the Vice-President of the Senate.

4. A person shall vacate the office of President of the Senate or Vice-President of the Senate where-

a. he ceases to be a Senator; so however that the President of the Senate shall not vacate his office by reason only that he has ceased to be a Senator on a dissolution of Parliament until the Senate first meets after that dissolution;

b. he is appointed to be a Minister or a Parliamentary Secretary;

c. he announces the resignation of his office to the Senate or where, by writing under his hand addressed, in the case of the President of the Senate, to the Clerk of the Senate, and in the case of the Vice-President of the Senate to the president of the Senate (or, where the office of President of the Senate is vacant or the President of the Senate is absent from Trinidad and Tobago, to the Clerk of the Senate), he resigns that office.

5. Where, by virtue of section 43(3) the President of the Senate or Vice-President of the Senate is required to cease to perform his functions as a Senator he shall also cease to perform his functions as President of the Senate or Vice-President of the Senate as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance of the functions of his office, be performed-

a. in the case of the President of the Senate by the Vice-President of the Senate or if the office of Vice-President of the Senate is vacant or the Vice-President of the Senate is required to cease to perform his functions as a Senator by virtue of section 43(3) by such Senator not being a Minister or Parliamentary Secretary, as the Senate may elect for the purpose;

b. in the case of the Vice-President of the Senate by such Senator not being a Minister or Parliamentary Secretary, as the Senate may elect for the purpose.

6. Where the President of the Senate or Vice-President of the Senate resumes the performance of his functions as a Senator, in accordance with the provisions of section 43(6) he shall also resume the performance of his functions as President of the Senate or Vice-President of the Senate, as the case may be.