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ORGANISATION OF EASTERN CARIBBEAN STATES ACT
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ARTICLE 9: COMPOSITION AND FUNCTIONS OF THE COUNCIL OF MINISTERS
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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ARTICLE 9:   COMPOSITION AND FUNCTIONS OF THE COUNCIL OF MINISTERS

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    9.1   The Council of Ministers shall comprise Member States, acting through such Ministers of Government named by their Heads of Government from time to time as such Heads of Government may designate, save always that a Member State which appoints more than one Minister of Government shall remain entitled only to one vote in the Council of Ministers.

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    9.2   The Council of Ministers shall be responsible to the OECS Authority. It shall take appropriate action on any matters referred to it by the OECS Authority and shall have the power to make recommendations to the OECS Authority.

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    9.3   The Council of Ministers shall have responsibility for —

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      (a)     considering and reporting to the OECS Authority on recommendations of the OECS Commission for the making of Acts of the Organisation;

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      (b)     considering and enacting into Organisation law regulations and other implementing instruments to give effect to the Acts of the Organisation enacted by the OECS Authority.

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    9.4   In discharging its functions under Article 9.3(b), the Council of Ministers shall follow any directions of the OECS Authority relating to consultation with the OECS Assembly, and may in the absence of such directions opt to undertake such consultation.

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    9.5   Regulations made by the Council of Ministers shall have the same binding force as the Acts of the Organisation which authorise them, provided that the question whether Regulations so made are so authorised shall be subject to judicial review.

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    9.6   The Council of Ministers shall have power to make decisions on all matters within its competence under this Article. All such decisions other than decisions on procedural matters shall require the affirmative vote of all full Member States present and voting at the meeting of the Council of Ministers at which such decisions were taken, provided that such decisions shall have no force and effect until the Ministers of those full Member States, if any, which were not represented at that meeting, have within the consideration periods expressed either support for, or abstention in relation to, the decision. The absence of a response from any such Minister by the end of the relevant consideration period shall have thereafter the same effect as an abstention by that Member State from voting would have had if that Member State had been represented at the meeting of the Council of Ministers. The consideration period for a Minister is for this purpose the period terminating 30 days after that Minister has received from the OECS Commission advice of the decision in question.

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    9.7   Decisions on procedural matters shall be made by a majority of all full Member States present and voting at the meeting of the Council of Ministers at which such decisions were taken.

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    9.8   Decisions by the Council of Ministers under the preceding paragraphs shall be binding on all Member States and on all Organs of the Organisation other than the OECS Authority, and effect shall be given to any such decisions provided that it is within the sovereign competence of Member States to implement them.

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    9.9   Reference in this Treaty to a unanimous decision of the Council of Ministers means a reference to a decision taken in compliance with the preceding paragraphs, other than a decision on procedural matters, provided that a Member State which is in arrears in the payment of its financial contributions to the Organisation shall be deemed to be abstaining, and shall not be considered as present and voting, in all votes on matters falling for the Council of Ministers' decision as long as the amount of that Member State's arrears equals or exceeds the amount of the contributions due from it for the preceding full year, save to the extent that a majority of the other Member States in the OECS Authority may permit the Member State in arrears to vote.

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    9.10   Subject to any directives that the OECS Authority may give and to this Treaty, the Council shall determine its own procedure, including —

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      (a)     the frequency of meetings;

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      (b)     the procedure for the conduct of business; and

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      (c)     the annual rotation of the office of Chairman among its members in accordance with the principle of alphabetical order of the Member States except where otherwise agreed.

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