Fixed Election Dates Remain Under Active Consideration – Minister Malahoo Forte

Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte, says the issue of fixed election dates remains under active consideration.

She said the matter was considered by the Constitutional Reform Committee (CRC) during its deliberations.

Reading from the report, the Minister informed that the CRC was aware that several Jamaican political leaders, civil society organisations, political analysts and members of the public have advocated for fixing the date for parliamentary general elections.

“The Constitution, by virtue of Section 64(2), now gives the Prime Minister the discretion to call the national general elections at any time within the life of the Parliament. This discretion is often exercised to gain political advantage.

“While recognising that there are good grounds for the proposal to adopt a fixed election date, the CRC expressed the opinion that a precise and inflexible date may be problematic in a small country like Jamaica.

“However, it went on to say that it is still possible to introduce greater certainty as to when parliamentary elections are held, by having a fixed duration for the life of the Parliament and a limited period in which to fix the actual election date,” she added.

The Minister was speaking during the Private Sector Organisation of Jamaica (PSOJ) Virtual Town Hall on July 30, which explored the timely and nationally significant question: ‘Should Jamaica Have a Fixed Election Date?’.

Mrs. Malahoo Forte said during the deliberations on the issue of a fixed date for general parliamentary elections, it was suggested that the matter be referred to the Electoral Commission of Jamaica (ECJ), which, by virtue of its mandate, is empowered to recommend changes to the electoral laws.

She stated, however, that the CRC was reminded that the life of the Parliament is a matter provided for in the Constitution and given the highest level of protection.

“Since the matter was repeatedly raised for consideration during public consultations and within the CRC itself and falls within the work proposed for phase one of the reform process, the CRC recommended that, in the event there was consensus between the two political parties represented in the Parliament, the life of the Parliament should be fixed at five years with provision for the actual election date to be set by the Prime Minister on a day within a period not exceeding three months,” Mrs. Malahoo Forte said.

She also pointed out that in 2020, during the COVID-19 pandemic, Prime Minister, Dr. the Most Hon. Andrew Holness, chose and accepted advice to use the parliamentary stage for the calling of the elections.

“It was done just six months short of the outer life of Parliament. But given the uncertainties that existed at the time and the fact that we have no provision for the holding over of the Parliament for reasons of a pandemic, the only provision in the Constitution for extending the life of the Parliament is when Jamaica is at war. Based on what was happening at the time, the elections were called,” the Minister stated.

“We are now nearing the life of the Parliament. In spite of what is raging on the political stage and the calls for calling it, the Prime Minister has taken the decision to again approach the matter responsibly, because we do know, constitutionally, when the life of the Parliament would come to an end, if it is not sooner dissolved. That is set out at Section 64 of the Constitution,” she added.

The life of the Parliament begins on its first sitting, when the oaths of office are taken for members who are elected in the General Election, to participate in the proceedings of the Parliament.

“So, what we have seen, certainly under the leadership of Prime Minister Holness, is action that reduces the uncertainty. Now it doesn’t mean that people may not get anxious, and some may not desire for the elections to be called sooner or later, but he has brought it within a full life, so to speak, of the Parliament,” Mrs. Malahoo Forte said.

“I appreciate the significance of this matter, and it is one that we will have to continue to deal with until we make some decisions on. I certainly favour greater certainty around the timing and the holding of elections – more certainty, than less certainty,” she added.