Government advised to repeal clause that protects colonial-era laws

Attorney General Camille Robinson Regis says the Government is committed to constitutional reform, following a report conducted by a National Advisory Committee last year.

She says the Committee proposed repealing section 6, which contains the savings law clause, to allow for a broader constitutional review of existing laws.

This clause protects colonial-era laws, including the one related to criminalizing buggery and gross indecency.

This law was challenged by a LGBTQ+ advocate, and just recently the Court of Appeal upheld the law, saying it remains valid, due to the Savings-Law Clause.

The Savings-Law Clause of the Constitution needs a two-third majority in both Houses of the Parliament to be repealed.

The committee, meanwhile, says this would mean that colonial-era laws may be challenged for infringing fundamental rights and freedoms and declared unconstitutional.

The Law Association of T&T also recently called for action to remove the clause, stating that it has attracted “sustained criticism, including from pre-eminent Caribbean constitutional scholars.”

 

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