Composition of government

Using the information at right, state THREE facts about ‘separation of powers’.

THE LEGISLATURE

Legislative branch: The legislative branch is one of the three divisions of government that work in conjunction with the executive and judicial branches. The legislature is responsible for enacting and amending laws for the peace, order and development of Jamaica. The legislature is empowered by the Constitution to amend existing and enact new laws. This arm is also in control of the government’s finances and guides fiscal policy.

STRUCTURE OF THE LEGISLATIVE

The Parliament of Jamaica is the legislative branch of the Government of Jamaica. It is a bicameral body, composed of an appointed Senate, also known as the Upper House,and an elected House of Representatives, also known as the Lower house and the House of Representatives (63 seats; members elected by popular vote to serve five-year terms).

The governor general represents the queen in Parliament, and his role is a formal one. Once a year, at the official opening of Parliament, he delivers the Throne Speech.

SENATE

The Senate is a nominated House. In Jamaica, it is made up of 21 senators. Thirteen of these senators are appointed by the governor general on the advice of the prime minister. The other eight are appointed on the advice of the leader of the Opposition. Not more than four ministers can be appointed from the Senate, and they may have portfolio responsibilities. The Senate usually functions as a review chamber, considering bills passed by the House of Representatives; the Senate may also initiate legislation, except bills.

HOUSE OF REPRESENTATIVES

Also in Jamaica, the House of Representatives consist of 63 members, elected by a constituency using the firstpast-the-post system. The government in power can only exist if it has the support of the majority of the members of the House of Representatives. The House of Representatives has control over the government’s finances. No funds may be granted nor taxation levied without the approval of this House.

Try this: Who is the Speaker of the House in Jamaica?

Why is this role important in the Houses of Parliament?

THE SPEAKER

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. His role includes keeping each member within the rules of the House, and ensuring that the rights of the Opposition members are protected, and that every member gets a fair hearing.

LEADER OF THE HOUSE

The leader of the House of Representatives ensures that time is provided for debate on various matters in the House as he/she is responsible for the flow of business within the House. The leader of the House will consult the Opposition and seeks to reach concurrence as to what business will be done in the House each day.

Try this: Do you remember what a bill is? Take a little time to think about how and why laws are made in your country.

HOW A BILL BECOMES A LAW

Bill is written and introduced to the House of Representatives by a member.

Bill is read aloud for the first time and the bill is ordered to be printed, and a day is appointed by the member in charge of the bill for second reading.

Bill is accepted by the House.

Bill is sent to the Senate, where it goes through the same process.

Bill is accepted by the Senate.

The governor general signs the bill into law.

A bill is a draft of a proposed statute, an Act of Parliament which must be approved by both Houses of the legislature and signed by the head of state, such as a governor general or a president, to become a law.

A bill is an act of Parliament in draft, and no bill can become law until it is approved by the Houses of Parliament and receives the formal assent of the governor general. Bills may be introduced in either the House of Representatives or the Senate, but no bill involving finance can be first introduced in the Senate.

‘Public bills’, designed to give effect to government policy, are introduced by

ministers or other officers of the government. ‘Private members’ bills’ are introduced by any other member of the House, whether of the governing party or the Opposition. After a bill has been introduced in the House, it must pass through several stages, known as ‘readings’.

FIRST READING

At the first reading, no debate on the bill is allowed. The bill is read by the clerk of the House, it is ordered to be printed, and a day is appointed by the member in charge of the bill for second reading.

SECOND READING

The bill is debated fully at the second reading. At the end of the debate, a vote is taken.

COMMITTEE STAGE

If the bill passes its second reading, it moves on to the committee stage. This committee comprises the whole house, unless the House refers the bill to a select committee. At this point, the bill is considered in very close detail. Every clause is carefully examined, and amendments to the bill may then be moved and voted upon. A bill may not be rejected during the committee stage.

REPORT STAGE

After the committee stage, there is the report stage, when the speaker reports what has happened to the bill in committee, whether there have been amendments or not.

THIRD READING

No amendments of a substantial nature may be made at the third reading; a bill may be accepted or rejected by means of a vote. When a bill is first passed by the House of Representatives, it is sent to the Senate, where it goes through the same procedure as one which originated in the Lower House. If the Senate disagrees with any aspect of the bill and makes an amendment, the bill is sent back to the House of Representatives for consideration. If the House disagrees with the Senate’s amendment, it informs the Senate, which is then asked to reconsider the bill. When an agreement is reached and the bill has been passed through all its stages in both Houses, it requires only the royal assent to make it law. The royal assent is given by the governor general.

ACTIVITIES

1. Suggest THREE reasons why in a democratic system of government an opposition is always important.

2. Suggest THREE reasons why the process involved in making a law is necessary.