Constitutional Reform Designed to be Slow – Minister Malahoo Forte

Jamaica’s constitutional reform process is designed to be deliberately slow, to allow citizens time to think about the kind of changes they want.

Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte, indicated this as she spoke about the procedure for Jamaica to become a republic, during a recent Ministerial briefing with diplomats at the Ministry of Foreign Affairs and Foreign Trade in downtown Kingston.

She said the review calls for a lapse of three months between the tabling of the Bill to amend the Constitution and the start of debate.

The Minister noted that the process also requires another three months between the conclusion of the debate on the Bill and its passing.

“That’s only in the Lower House. We will have at least six months of dead time and this does not involve putting the Bill to a joint select committee of the Parliament, debate on the Bill itself and all of what needs to be done,” she pointed out.

The reform process also involves revision to Section 49 of the Constitution, which speaks to how amendments are made.

“I call it the ‘big bad’ Section 49. So, many of you would have seen that our Commonwealth Caribbean sister, Barbados, transitioned to the Republic of Barbados without holding a referendum. Many have asked whether Jamaica is able to do that.

“Our constitutional provision is different from Barbados, and we are required to hold a referendum before doing that. In fact, we have one of the most complexly written constitutional reform provisions in Section 49,” the Minister stated.

Mrs. Malahoo Forte said unless the Government abides strictly with the procedures set out in the Constitution for amending it, any revision would be null and void.

She also noted that public education efforts will be key, as the electorate will have to be prepared to have their say in the process.

Meanwhile, the constitutional reform process will also bring into question whether Jamaica will accede to the Caribbean Court of Justice (CCJ) as its final appellate court.

Minister Malahoo Forte said there is no consensus on that issue at this time.

“For now, Jamaica will continue to use the Judicial Committee of the Privy Council as our final court. But I anticipate that there will be much discussion when we get to phase two of our reform.

“This is when we will be dealing with the issues that require a super majority in the Parliament, but not a referendum. To effect the changes on what court becomes Jamaica’s final court does not require a vote of the people,” she informed.