ATTORNEY GENERAL DALE MARSHALL is maintaining that the October 1 full free movement arrangement between Barbados, Belize, Dominica, and St Vincent and the Grenadines is on firm legal ground.
Responding to concerns by the Barbados Bar Association (BBA) in yesterday’s SUNDAY SUN, matters also raised by the Opposition Democratic Labour Party (DLP) during a press conference on Saturday, he insisted that Government acted within the law when it extended indefinite stay status to nationals of the participating states under the historic initiative.
“I laud the Bar Association for keeping matters of national importance in view, but I can assure the Bar that, as we sought to roll out the full freedom of movement between the four states, we considered all of the relevant legislation as they might impact on our ability to meet the agreed commitments,” Marshall said.
Indefinite stay
He explained that the Minister responsible for Immigration “had acted entirely within the scope of his powers under the Immigration Act” when exercising his discretion to grant indefinite stay to nationals from Belize, St Vincent and the Grenadines, and Dominica.
“We are satisfied that there can be no successful challenge to the granting of indefinite status. The grant of indefinite status does not touch and concern the subject matter of the Caribbean Community (Movement of Skilled Nationals) Act,” he added.
His intervention came after the BBA, in a release, called for urgent clarification on the legal framework supporting the full free movement initiative. The association, led by president Kaye Williams, said its members were being approached by clients and members of the public seeking to understand their rights and obligations following the October 1 implementation date.
The Bar said while it supported regional integration, the absence of a parliamentary instrument authorising the policy created uncertainty. It argued that the Immigration Department could not legally confer an “indefinite stay” without specific legislative amendment and cautioned that executive powers must operate within constitutional limits.
It also stated that the Caribbean Community (Movement of Skilled Nationals) Act remains the principal domestic law governing CARICOM free movement and that any fundamental shift – such as the removal of the Skills Certificate regime – required parliamentary oversight.
“The power to impose these initiatives is inherently a legislative power, constitutionally vested in the Legislature,” the association noted, referencing case law.
The BBA further questioned whether the Immigration Act had been amended to accommodate an “indefinite stay status”, and sought clarification on whether nationals entering Barbados under the new arrangement would still be required to apply for work or residency permits. It also asked if there would be a formal administrative process, such as registration on arrival, to provide structure and legal certainty During Saturday’s press conference, Opposition
Leader and DLP president Ralph Thorne accused Prime Minister Mia Amor Mottley of overstepping her authority and putting the cart before the horse.
He said she did not have the power to unilaterally declare such a thing as full free movement without first having Parliament pass the relevant legislation, adding that the Immigration Bill and the Citizenship Bill were still to be debated.
Mottley, in a national address last Tuesday night on the eve of the initiative, said that while parliamentary approval for the Bill was pending, Cabinet had authorised the start of the policy to prevent any disadvantage to eligible nationals. She added the six-month entry period already granted under existing CARICOM arrangements would continue to protect individuals during the transition phase.
Careful review
Marshall said the legal authority already exists within the Immigration Act for the Minister to exercise discretion in granting stays of varying duration. He said that Barbados’ participation in the enhanced free movement arrangement was undertaken only after a careful review of existing statutes to ensure consistency with the country’s international and regional obligations.
The Attorney General added that the arrangement had been properly anchored within the regional legal framework, specifically the Protocol on Enhanced Cooperation adopted by CARICOM Heads of Government, which allows smaller groups of member states to pursue deeper integration initiatives.
He also revealed that work was already under way to formally codify the new policy in domestic legislation. “The Chief Parliamentary Counsel is finalising a bill to be laid in Parliament this week which will seek to codify the arrangements that have been put in place in order for Barbados to honour its agreements made with other sovereign regional states.”
Marshall said the bill will provide the legislative clarity that the Bar and others have requested. “This bill, when passed, will address any outstanding issues under any legislation and put them beyond peradventure,” he said.
The October 1 initiative marks a major milestone in regional cooperation, granting nationals of the four participating countries the right to enter, live, work, study and remain indefinitely in each other’s territories without the need for a Skills Certificate, work permit or student visa. The decision followed months of dialogue among the Heads of Government, culminating in Cabinet approval of the policy framework earlier this year. (CLM)
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