The Journey Of A Bill: Jamaica's Lawmaking Process

The process of a bill becoming a law in Jamaica is similar to the process in the United States. A bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president then considers the bill. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto. If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law. But if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This action is called a pocket veto, and it cannot be overridden by Congress.

The role of the Jamaican Parliament

The Jamaican Parliament consists of two Houses – the Senate, also called the Upper House, and the House of Representatives, also known as the Lower House. The Governor-General represents the British Monarch in Parliament. The maximum life of a Parliament is five years, at the end of which Parliament must be dissolved and a general election held. The Senate is a nominated House made up of twenty-one Senators. The House of Representatives may consist of 63 members elected by single-member constituencies on the first-past-the-post basis. The Government in power can only exist if it has the support of the majority of the members of the House of Representatives. In practice, most Bills are initiated in the House of Representatives. No Bill may become law unless it is passed by a majority of the members present in the House. The quorum of the House is 16 in addition to the person presiding.

The role of the Governor-General

The Governor-General of Jamaica is the representative of the Jamaican monarch, currently King Charles III. The Governor-General is appointed by the monarch on the recommendation of the Prime Minister of Jamaica.

The Governor-General's role includes:

• Appointing ministers, judges, and ambassadors
• Giving royal assent to legislation passed by parliament
• Issuing writs for elections
• Opening new sessions of parliament by delivering the Speech from the Throne
• Hosting events at the official residence, King's House, in the capital, Kingston
• Bestowing honours to individuals and groups contributing to Jamaica and their communities
• Serving as patron of several organisations, such as the St. John Ambulance in Jamaica, the Jamaica Agricultural Society, and the National Road Safety Council
• Conducting annual parish tours to interact with the people and understand the issues of interest to the Jamaican people
• Representing the monarch and Jamaica when travelling abroad
• Holding regular meetings with the Prime Minister, and where necessary, with members of the Cabinet and the Leader of the Opposition
• Requesting the leader of the political party that gains the majority in parliament to form a government after an election
• Appointing the Prime Minister and other ministers after the election
• Naming the date of a general election
• Assigning responsibilities to Parliamentary Secretaries, the Attorney General, Senators, Privy Councillors, the Chief Justice, the President of the Court of Appeal, the Director of Public Prosecutions, and members of the Services Commissions
• Summoning and proroguing Parliament
• Declaring States of Emergency
• Exercising the Royal Prerogative of Mercy

The Governor-General's powers and duties are derived from Sections 27 to 33 of the Jamaican Constitution. While the Governor-General generally acts on the advice of the Prime Minister, there are certain "reserve powers" that allow the Governor-General to act without or contrary to ministerial advice.

The role of the Prime Minister

The Prime Minister of Jamaica plays a crucial role in the process of turning a bill into a law. Here is a detailed overview of their responsibilities and involvement in this process:

• The Prime Minister is responsible for advising the Governor-General on various key appointments. They provide advice on the appointment of the Governor-General, who represents the Monarch in Parliament. The Prime Minister also advises on the appointment of the Chief Justice, the President of the Court of Appeal, and the three service commissions outlined in the Constitution. For the appointments of senior members of the judiciary and the service commissions, the Prime Minister's advice is given after consultation with the Leader of the Opposition.
• The Prime Minister plays a central role in the formation of the Cabinet. They select and appoint the Ministers, Ministers of State, and Parliamentary Secretaries, who collectively form the Cabinet. The Cabinet is responsible for the general direction and control of the Government.
• The Prime Minister has the power to advise the Governor-General to dissolve Parliament and call for a general election at any time within the five-year term of a Parliament. This can be done in consultation with the Governor-General.
• The Prime Minister nominates 13 out of the 21 members of the Senate, the upper house of Parliament. The remaining eight members are appointed based on the advice of the Leader of the Opposition.
• The Prime Minister is typically a member of the House of Representatives, where most bills are initiated and where they, along with other Cabinet members, sit.
• The Prime Minister, as a member of the Cabinet, is involved in important discussions and decisions regarding government policies and bills. While ministers typically conduct the ordinary business of their ministries independently, matters of significance, especially those that may be discussed in Parliament, are brought before the Cabinet for collective deliberation.

The role of the House of Representatives

The House of Representatives is the lower house of the Jamaican Parliament, with the Senate being the upper house. The House of Representatives is made up of 63 members, elected by single-member constituencies on a first-past-the-post basis. The Government in power can only exist if it has the support of the majority of the members of the House of Representatives.

The Speaker of the House is formally elected by the members of the House of Representatives from among their number, at the first sitting after each general election or when there is a vacancy. Although the Speaker is usually a member of the ruling party, a minority party member may be chosen. The Speaker rarely takes part in debates. His job is to see that other members keep within the rules of the House, that the rights of the Opposition members are protected, and that every member gets a fair hearing.

The House of Representatives has control over the Government’s finances. Funds cannot be granted nor taxation levied without the approval of the House.

Any Commonwealth citizen 21 years or older, who has been domiciled in Jamaica for the 12 months preceding an election, may become a member of the House of Representatives if elected. Among those who may not become members of the legislature are members of the defence force, persons serving a foreign government, judges of the Supreme Court or Court of Appeal, and, persons holding or acting in public offices.

The role of the Senate

The Senate is the Upper House of the Jamaican Parliament, and the House of Representatives is the Lower House. The Senate is a nominated House made up of 21 Senators. 13 Senators are appointed by the Governor-General on the advice of the Prime Minister, and the other 8 are appointed on the advice of the Leader of the Opposition. The Senate usually functions as a review chamber, considering Bills passed by the House of Representatives. However, the Senate may also initiate legislation, except money Bills. It cannot delay money Bills for more than one month nor any other Bill for more than seven months.

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