CONSTITUTION REDLINE
Opposition insists it will only support reform process if Jamaica separates from monarchy and Privy Council
THE OPPOSITION showed no sign of avoiding a clash with the Government over Jamaica’s constitutional reform process, declaring that a redline is “absolutely” necessary in the decision on a final court.
Opposition Leader Mark Golding on Tuesday noted that the Andrew Holness-led Cabinet could proceed with its deliberation and decisions on the Constitutional Reform Committee’s (CRC) final report but warned that it would not get consensus in Parliament where entrenched provisions require Opposition members’ votes.
It follows an announcement by Prime Minister Holness that Cabinet received the report and has started a “thorough and meticulous process of review” of the document, which has not been signed by the Opposition’s two representatives on the CRC.
On the instruction of Golding the document was not signed, after concerns were raised about several matters, fundamental among them a decision on the final court.
Holness said following completion of the review process, the report will be tabled in Parliament.
But Golding, who was speaking at a press conference from his West Kings House Road office on Tuesday, said there would be no compromise on making the Caribbean Court of Justice (CCJ) Jamaica’s apex court.
Further, he said the reform process should have had a single phase, insisting that Jamaica’s severance from the British monarchy must be twinned with a departure from the Privy Council as its final court.
“We’re not in favour of a phased approach to decolonisation. We’re not in favour of having one foot in and one foot out of the king’s yard. We decide to be in or out. It can’t be neither fish nor fowl. Time come to deal with this matter once and for all. That’s our position,” said Golding.
SEEKING PM’S POSITION
He said the prime minister has been silent on this matter and pressed for him to make his position clear.
Holness has, in the past, said the issue must be put to a referendum for Jamaicans to decide, an option the Opposition is firmly against.
Golding said the party does not favour a referendum, asserting that the Jamaican Constitution is clear on that decision resting with the Parliament.
He said no country that has moved away from the Privy Council has done so via referendum.
Further, he said it is not a legal requirement to do so.
The opposition leader said countries with constitutions requiring a referendum and have used it have found that the process “has been fraught with politics”.
“The issues have been very messy and politicised and it has been an unsatisfactory ..... that has not led to the result that was intended,” he told journalists.
He said the Privy Council is not an entrenched provision of the Constitution and that it was always contemplated that Jamaica would evolve away from the court.
Additionally, he said the Privy Council, based on its interpretation of the Jamaican Constitution, has indicated that the court that replaces it must be entrenched, similar to the Supreme Court and Court of Appeal.
A two-thirds majority in both Houses of Parliament is required for this to be done.
“That is the process that should be followed to establish the CCJ,” said Golding.
He said the process of removing the Privy Council and installing the CCJ as the final court must be done by Parliament.
“It can’t be done by a referendum and bypass the Parliament. That would violate the Constitution that we have,” he said.