Opposition wary at decision to amend Parliamentary Elections Act

NASSAU (CMC):

The main opposition Progressive Liberal Party (PLP) says it has referred to its lawyers a decision by the government to amend the Parliamentary Elections Act through an Emergency Powers Order to allow an advanced poll in Barbados to be rescheduled as voters prepare to elect a new government on September 16.

“For the purpose of the advanced poll to be held in Barbados on the 9 day of September, 2021, for persons voting as overseas voters pursuant to Section 49A(1) of the Parliamentary Elections Act, the circumstances requiring the designated presiding officer to be quarantined in Barbados by the pandemic restrictions of that country and not available on that date shall be deemed to be circumstances beyond the control of the presiding officer which make it impracticable to take the poll on the designated date,” according to the order.

It notes also that “Section 50 of the Parliamentary Elections Act is hereby modified for the purposes of paragraph (1) as if a reference to the words ‘continue the taking of the poll on that day, he may adjourn the proceedings until the following day’ includes a reference to the words ‘the taking of the poll on that day, he may reschedule the proceedings to the following day”.

But PLP chairman, Fred Mitchell, said the party will refer the matter to its lawyers to determine the legality of the move.

“The test for us with these emergency orders is whether or not it is reasonably justifiable in a democratic society. There is an even more stringent test when it comes to tinkering with election laws. Given the government’s history of sleight of hand and smoke and mirrors, we immediately referred this to our lawyers,” he told reporters.

Meanwhile, Health Minister Renward Wells said that the government is exploring ways to allow individuals in quarantine to vote.

But he told reporters that no final decision had been made yet and health officials have strongly recommended that those people not be permitted to cast their ballots.

“The government is looking at this,” Wells told reporters, adding “we understand the issues of the constitutionality and folks wanting to exercise their rights. And so, a discussion is going to be had on the recommendation because the health professionals did send forward options.

“I’m not going to speak to those options, but their definitive recommendation to the government was that these persons not be allowed to vote. But the government has come back and said, ‘but if we do allow them to vote, give us an idea as to how best this can take place’.”

Wells told reporters that the matter is still under discussion, “but I can say that health professionals in the Ministry of Health, the ones who basically make recommendations, are recommending to the government that those persons not be allowed to vote”.

Earlier this week, the PLP threatened legal action should quarantined individuals be prevented from voting in the general election.