INGRID MELVILLEE

Part 1

WHEN WE talk about autonomy, there are certain elements that we expect for Tobago within the sovereign democratic state of TT. These are:

1. Law-making authority.

2. Executive authority.

3. A framework for the management of public sector human resource in Tobago.

4. Access to resources and an enabling environment for sustainable development.

5. Clarity as to the geographical area for which the Tobago island government will have responsibility to make laws and policy.

These features must be entrenched within the Constitution of TT so that they are not easily interfered with.

Autonomy for Tobago will mean that Tobago remains a part of the country of TT, but the government in Tobago would have the power and resources which would allow it to make laws and policies which would create an enabling framework and which would result in an empowered population and sustainable development of the island.

Today I will consider the issue of lawmaking power for the Tobago legislature even as the strains of our national anthem resound in my mind, 'Side by side we stand.'

For Tobago to have autonomy, the Constitution must grant the Tobago legislature the authority to make laws for Tobago, just as the Constitution provides the Parliament with the authority to make laws for TT.

In 2021, two bills were debated in the Parliament to provide Tobago with autonomy, including lawmaking power. These were: the Constitution (Amendment) (Tobago Self-Government) Bill 2021, and the Tobago Island Government Bill.

The life of these bills have been preserved in the Parliament.

As we are dealing with lawmaking, it should be noted that the Constitution (Amendment) (Tobago Self-Government) Bill 2021 proposes to establish a Tobago legislature and states that the Tobago legislature 'may make laws for the peace, order and good government of Tobago with respect to matters as prescribed.'

The words 'as prescribed' are very critical as it is the Tobago Island Government Bill, in its Schedule 2, which contains the list of matters that the Tobago legislature may make laws for.

It is not the Constitution but another act of Parliament which will give the real lawmaking power to the Tobago legislature. By way of comparison, the Constitution of St Kitts and Nevis provides the list of matters for which Nevis can pass laws in Nevis, in a schedule within the Constitution.

The Constitution (Amendment) (Tobago Self-Government) Bill 2021 provides heavy clawback provisions, in effect taking back the lawmaking power of the Tobago legislature.

The first sign of this is in clause 8 (4) which provides, 'Where a Tobago Act is inconsistent with an Act passed by Parliament, the Act passed by Parliament shall prevail to the extent of the inconsistency.'

This sweeps away all lawmaking power of a Tobago legislature.

It should be comforting that clause 8 (5) seems to state that Parliament will not have authority to make laws in Tobago with regard to the matters listed in Schedule 2 of the Tobago Island Government Bil