CPC Prepares Draft Supporting Legislation for Jamaica’s Transition to a Republic

The Chief Parliamentary Counsel has prepared two draft Bills intended to underpin Jamaica’s transition from a constitutional monarchy to a republic.

The proposed pieces of legislation – the Constitution (Amendment) (Republic of Jamaica) Bill, 2024, and the Referendum Bill, 2024, were presented to the Ministry of Legal and Constitutional Affairs on July 22.

Portfolio Minister, Hon. Marlene Malahoo Forte, made the disclosure during a statement to the House of Representatives on Tuesday (September 24).

She explained that the Constitution (Amendment) (Republic of Jamaica) Bill provides for the Constitution of Jamaica’s recognition as an Act of the Parliament and people of Jamaica; amends the Constitution of Jamaica to provide for a non-monarchical Head of State, thereby establishing Jamaica as a republic; provides for other amendments in respect of certain provisions of the Constitution of Jamaica and connected matters.

The Referendum Bill provides for the votes of electors to be taken with respect to any amendment of the Constitution of Jamaica required to be submitted to electors, pursuant to Section 49 of the Constitution.

Mrs. Malahoo Forte reminded the House that the constitutional reform work is being done in phases, noting that the two broad goals to be achieved in phase one are taking the Constitution out of its current form as a Schedule to the Imperial Instrument (the Order in Council), and to have it as an Act of the Parliament and people of Jamaica.

“Among other things, the Statute Law Commissions will be empowered to publish the Constitution of Jamaica, which will be read and construed as one with the amendments made thereto, as an Act comprising Volume 1 of the Laws of Jamaica,” she stated.

“We have described this goal as the Jamaicanisation of the Constitution. Beyond putting the constitutional instrument in proper form, the goal also includes the insertion of a Preamble, generally recognised as a useful introduction to a constitution, insertion of our National Emblems and Symbols, adoption of provisions of the Jamaica Interpretation Act as relevant and appropriate, to replace the United Kingdom Interpretation Act, 1889, to interpret the Constitution of Jamaica,” she added.

The Minister further informed that the ‘Words of Enactment’ have already been modernised with amendment to Section 61 of the Constitution, and is now law.

Mrs. Malahoo Forte noted that while the work around this aspect of the reform is largely technical in nature and not easily connected to ordinary day-to day activities of the ‘man in the street’, there is no partisan or other dispute anywhere about taking the required steps to achieve this goal.

She stated that within the Constitutional Reform Committee (CRC), the matter has boiled down to a drafting issue of how the reformed Jamaican Constitution will be presented.

The Minister said the CRC will be guided on this largely by the draftsman and that an expert committee has been established to recommend a preamble for inclusion in the reformed Constitution.

Meanwhile, Mrs. Malahoo Forte advised that the Cabinet’s decision to retain the Parliamentary Cabinet System, “was the clearest indication that we were not moving to the Executive Presidential System”.

She stated that the British Monarch is to be replaced with a Non-Executive President as the formal Head of State of the Republic of Jamaica.

The Minister noted that experiences globally have demonstrated that the Executive Presidential System often results in dictatorial, corrupt and unfair governments.

“In any comparative assessment of the history of countries throughout the world, the countries with parliamentary cabinet systems have been well and better positioned to preserve human rights and achieve democratic stability and economic welfare, compared to those with executive presidential systems,” she maintained.

Mrs. Malahoo Forte said the transition to a non-executive presidency within the parliamentary system will allow for the preservation of stability and better enable the establishment of a more just and equitable society.

She also informed that the CRC’s recommendation regarding the method of appointment of the President, contained in its Report, has been subject to numerous comments and criticisms.

Minister Malahoo Forte said during the last CRC meeting on September 18, presentations were received from Jamaicans For Justice and the Jamaica Coalition for a Healthy Society.

“They, too, have added their voices of feedback [and] the Committee is carefully reconsidering the matter. Dr. Lloyd Barnett has been tasked by the CRC to formulate a revised recommendation for consideration and submission,” she said.

Mrs. Malahoo Forte added that the CRC is revising an aspect of the recommendation about the method to remove the President from office, in direct response to comments from the Leader of the Opposition.

Additionally, the Drafting Strategy Sub-Committee has met twice, on July 26 and August 21, to review the Constitution (Amendment) (Republic of Jamaica) Bill.

“After the review of the Bill is complete, it will go to the Legislation Committee of Cabinet and, thereafter, to the Cabinet for approval for tabling in this Honourable House. A Joint Select Committee will be established to also review the Bill and report to the House,” Mrs. Malahoo Forte stated.