The Editor, Sir:

The disqualifications for membership in the Senate are similar to those of the House of Representatives. Accordingly, the judgement handed down by McCalla, CJ, is applicable to members of the Senate insofar as it relates to the interpretation of Section 40 (2).

Amazingly, the Senators have maintained a stony silence and continue to find solace as they remain outside the glare of public attention which is focused, albeit temporarily, on members of the Lower House.

Such non-response engenders the presumption that none is "by virtue of his own act under acknowledgement of allegiance, obedience or adherence to a foreign Power or State" - Section 40 (2) (a).

Citizenship closet

It is open to public debate that this presumption is eminently rebuttable and can only be upheld by the Senators themselves coming out of the citizenship closet and declaring openly their status.

The members of the Senate have no interest in the outcome of an appeal dealing ostensibly with the effectiveness of disqualification notices and electoral consequences. They need not await any court rulings or talks aimed at collective confessions. The attorney general should take the lead and the Opposition spokesman on constitutional affairs - himself a former minister of justice and attorney general - could not restrain himself.

This is an opportunity to dispel popular notions that the Senate merely acts as a rubber stamp of the intentions of those below. The Senate can no longer remain sedated by electoral considerations. Integrity in public life demands no less.

I am, etc.,

Dr PAUL ASHLEY

Attorney-at-law

Kingston 10