Opposition continues push for Privy Council decision
MANDEVILLE, Manchester — Constitutional Reform Committee (CRC) member Senator Donna Scott Mottley says the decision on whether to sever ties with the United Kingdom Privy Council as the final court of appeal remains contentious between the Opposition and the Government.
“This is probably the greatest bone of contention between the Opposition and the Government. The Privy Council is part of the whole process of colonisation… and if we are going to become a republic, we have to have a total disconnection,” Scott Mottley told the audience at the CRC’S town hall meeting held at Mandeville Parish Church on Wednesday evening.
The event was the second in a series of town hall meetings planned by the CRC to consult Jamaicans on the intended change to the constitution.
Her comment followed a response from Minister of Legal and Constitutional Affairs Marlene Malahoo Forte regarding the decision on whether to sever ties with the Privy Council.
“That question we will have to confront head-on. Two of the reasons why the issue of which final court is not in the first phase of this reform is: one, the process to change that does not require a referendum, and secondly, there is no consensus at this time,” Malahoo Forte said, reiterating the response she gave at the CRC’S first town hall in Montego Bay on April 26.
“There are options on the table and we will have to work and hear the views. The Opposition has made it very clear what their preference is. I have indicated that I come to the table with an open mind. Jamaicans have to be expressing their views and the opinions are divided on the matter, but we will have to deal with this issue head-on and that is to come in the second phase of the work,” she added.
Scott Mottley chimed in and pointed to the contention over the Privy Council between the Government and the Opposition.
She said the matter should be put to the people now while referencing the Caribbean Court of Justice (CCJ).
“The [CCJ] has been in existence for 18 years, its judgments have been applauded by even the Privy Council itself, and former Prime Minister Bruce Golding, who was once against the [CCJ], has acknowledged publicly that he has looked at the judgments and he holds them in high regard,” said Scott Mottley.
“We have contributed to this court. We pay over US$27 million to ensure that the court could have financial stability and the only challenge which I could throw out to the minister, understanding well that it may not be her view, is to put it on the table now; what it is that the options are so that the people can also examine them and make a decision. We need to see the options, that is the only thing that I ask at this stage. Let us have the choices,” she added.
Malahoo Forte, in further responding to the question of whether Jamaica is prepared to leave the Privy Council, said she has been receiving mixed views.
“I can put it no higher than to say this is a matter that we will have to discuss frontally. The other option for consideration is a final court for Jamaica and we will have to ask and answer how are we going to finance it when there are issues around the current justice system, when we have already invested so much in the CCJ, but let me tell you what is clear, I only speak for myself at this time. I absolutely take offence that we need a visa to utilise the Privy Council and I think the Government formed in the name of His Majesty King Charles III, King of Jamaica, should reconsider this issue until we make our determination,” she said.