Cabinet should not make rules for the court — Walwyn

Opposition Leader Myron Walwyn has warned that Cabinet “should not be making rules for the court” as the House of Assembly debated amendments to the Magistrate’s Code of Procedure Act, arguing that the proposal offends the constitutional principle of separation of powers.

The debate arose as Premier Dr Natalio Wheatley moved the second reading of the Magistrate’s Code of Procedure Amendment Bill 2025. The Premier said the amendment was necessary to facilitate the implementation of criminal procedure rules for the Magistrate’s Court, noting that the magistracy does not fall under the Eastern Caribbean Supreme Court.

“To ensure consistency and alignment in criminal case management across the justice system, it is necessary to amend Section 242 of the Magistrate’s Code of Procedure Act to explicitly authorise the Cabinet to make rules governing the just, timely, and effective management and disposition of criminal cases in the Magistrate’s Court,” Dr Wheatley stated.

He warned that without the amendment, “there will be two separate sets of rules governing the courts, creating inconsistency and procedural confusion that could undermine the administration of justice”.

Deeper constitutional concern

Walwyn, however, said the issue raised a deeper constitutional concern. Referring to Section 242 of the substantive Act, he noted that the marginal note reads, “power to make rules” and allows Cabinet to make rules in specified areas.

“Cabinet … should not be making rules for the court. It shouldn’t happen at all. Because, as a general constitutional principle, that shouldn’t happen. It offends the separation of powers doctrine,” Walwyn stated.

He added: “That is squarely a judicial function. What we’re supposed to do in this House is we make the laws. The Cabinet, the executive, they’re the ones who respond to the management of the government. And the job of the judiciary is to interpret the laws”.

Walwyn suggested that instead of stating that Cabinet may “make” rules, the legislation could use the word “approve”, arguing that rules should be made by a judicial authority and then approved by the executive.

The Premier responded that the government agreed in principle with the separation of powers concern but described the amendment as temporary. “This is really a temporary measure, so to speak,” Premier Wheatley said.

He explained that during constitutional review discussions, members recommended transitioning responsibility for the magistracy from the local executive framework to the Eastern Caribbean Supreme Court system. “We want to transition … from having the magistracy fall under the responsibility of the governor and have that magistracy fall under the Eastern Caribbean Supreme Court system,” Dr Wheatley stated.

He said the amendment was necessary for expediency while constitutional negotiations with the United Kingdom proceed. “We cannot have a situation where the magistracy and the Supreme Court are operating based on different rules,” Dr Wheatley added.

The bill was subsequently read a third time and passed with amendments.