The evolution of Independent Senators

2026-02-15 - 01:32

On March 12, 1976, Prime Minister Dr Eric Williams said the following in the House of Representatives when piloting the Constitution (Republic) Bill: “To deal with more serious matters, the provision long announced on this side of the House for a change in the nomination of Senators – having made the decision to retain the second chamber – is included here in section 40(2)(c) with nine Senators being appointed by His Excellency the President of the Republic, in his discretion from outstanding persons from economic or social or community organisations and other major fields of endeavour.” (Hansard, Vol. 19, Session 1975-1976, p. 680). This statement by Dr Williams confirmed a partisan change in the method of appointment of these senators who have been called “independent senators” since 1962 through 1976. In the 1962 report of the Marlborough House Conference over the period May 28 to June 8, there was no consensus between government and opposition on the new construction of the Senate that had been altered from 1961. The disagreement is documented at paragraph 18 of the report as follows : “The Senate. 18. The Upper House will consist of twenty-four Senators, of whom thirteen will be appointed by the Governor-General on the advice of the Prime Minister, four by the Governor-General on the advice of the Leader of the Opposition and seven by the Governor-General on the advice of the Prime Minister after consultation by the latter with those religious, economic or social bodies or associations from which the Prime Minister considers that such Senators should be selected. (The Opposition delegates did not accept the provisions of this paragraph).” (Report on the Trinidad and Tobago Independence Conference 1962, Cmnd.1757 / 1962, para. 18). The absence of any consensus on the Senate proposals that were settled at Marlborough House in 1962 meant that the Senate was a People’s National Movement imposition against the objections of the Democratic Labour Party opposition. One cannot reasonably say that there were any “independent” senators in the independent Parliament between 1962 and 1976. That category of Senators (seven of them at the time) was appointed by the Governor-General on the advice of the Prime Minister after the Prime Minister had determined which groups or associations he felt he wanted to be represented. With the Prime Minister determining the so-called “independent” senators, it meant that twenty out of twenty-four Senators between 1962 and 1976 were controlled by the Prime Minister, which meant that the PNM government could count on a special majority in the Upper House to effect its legislative agenda. The media went along with the charade by calling these senators “independent” notwithstanding the fact that their appointment was anything but independent. The concept of “independent” senators continued in 1976 as their method of appointment saw the Prime Minister being replaced by the President to make their appointments. The formula of “religious, economic or social bodies or associations from which the Prime Minister considers that such Senators should be selected” was changed to appointment “by the President in his discretion from outstanding persons from economic, social or community organisations and other major fields of endeavour.” The word “independent” has never been constitutionally used either in 1962 or 1976. This change shifted the appointment from prime ministerial advice to presidential discretion and replaced “bodies or associations” with “outstanding persons”. The class dynamics of this shift were apparent. Basdeo Panday addressed class status in 1976 when he selected a cane farmer, Dora Bridgemohan, as one of his United Labour Front opposition senators in the first republican Parliament. The silent debate in 1976 was whether the Senate could be used to protect the class structure of the society by building in “outstanding persons” chosen by a politically-elected President. Significant minorities among them would not disturb the overall protection of the establishment. Only one independent senator, Lorna Goodridge, voted against the new constitution because the Integrity Commission provisions were too weak. The other six – Thomas Gatcliffe, Sir Harold Robinson, Canon Winston Lamont, Dr Jesse Noel, Inskip Julien and Vernon Glean voted in favour. Williams made the republican change in 1976 that found a formula to protect the class structure. Significant constitutional change has been unlikely because any struggle led by a non-establishment party like the United National Congress will face stiff headwinds. The last election was fought on the basis of class struggle, not race divisions. That was the game-changer that many did not see coming. Professor Hamid Ghany is Professor of Constitutional Affairs and Parliamentary Studies at The University of the West Indies (UWI). He was also appointed an Honorary Professor of The UWI upon his retirement in October 2021. He continues his research and publications and also does some teaching at The UWI.