Every Change in Consitutional Reform Will Be Disclosed – Minister

Every change to be pursued during the Constitutional reform process will be fully disclosed and worked on collaboratively, Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte, has informed.

She said this will be done with the assistance of the Constitutional Reform Committee, guided by research, consultations and expert advice.

The Minister was delivering a Statement in the House of Representatives on January 24, on the establishment of the Constitutional Reform Committee.

She said phase two of the work will focus on the ordinarily entrenched provisions of the Constitution, which include the Charter of Rights and also the matter of the country’s final Court.

“It is no secret that the Government has signalled its intention to revisit, for example, Section 20 of the Constitution, to provide an up-to-date emergency powers framework, given the experience of the nation with the COVID-19 pandemic and the Government’s efforts to secure our borders and people in the fight against organised and violent crimes of epidemic proportions,” she said.

Furthermore, she disclosed that the language used in various provisions of the Charter, including at Sections 13 and 14, require some “tidying up”.

She said Section 12 (10), for example, requires modification, as the current six-week timeframe set out therein was not revised when Section 20 was amended with the passing of the Charter.

“By way of another example, Section 2, which provides for constitutional supremacy, will have to be modified in light of the repeal of Section 50 when the Charter was enacted, and that will involve a referendum, by virtue of Section 49 (3) of the Constitution,” the Minister said.

She indicated that she has also shared the Draft Terms of Reference that will guide the work of the Constitutional Reform Committee with the Leader of the Opposition and informed that this was attached to her letter dated January 16, 2023.

“It’s really hoped that the Leader of the Opposition will reconsider his position to twin accession to the appellate jurisdiction of the CCJ with abolition of the

Constitutional Monarchy and the transition to a Republic. It is our view that naming members of the Parliamentary Opposition to the Constitutional Reform Committee is the right and responsible thing to do,” she stated.

Prime Minister, the Most Hon. Andrew Holness, was unable to name the members of the Constitutional Reform Committee, as Opposition Leader, Mark Golding, has deferred on indicating the representatives selected from his side to sit on the Committee.

The Committee’s purpose is to provide expert guidance and oversight to the Government and people of Jamaica during the Constitutional reform process, to implement recommendations on which consensus has been reached.

The Minister said working collaboratively to strengthen and build consensus will be a powerful demonstration to the people of Jamaica that the Government and Opposition can rise above partisan considerations and put the best interest of the nation in a place of priority, during this constitutional reform process.

“I have also made it clear that if it comes down to it, we will be prepared to proceed in accordance with Section 49 (5) and (6) of the Constitution. At the same time, because we consider the participation of the Parliamentary Opposition to be vitally important, we are allowing further time for reconsideration by the Leader of the Opposition. I signalled to him in my letter my willingness to meet with him, if necessary, but I have not heard back from him since then,” Mrs. Malahoo Forte noted.

She said the Government intends to hold a referendum in early 2024 relating to Jamaica’s proposed transition to a Republic.

“We are working with ambitious indicative timelines, which already will have to be revised in light of the delay to effect the reforms. I really hope that we will not be forced to proceed without the Leader of the Opposition nominating his members to the Committee.

It is our intention for the tenure of the Committee to commence in this month of January and run to 2024 when a referendum is likely to be held,” the Minister pointed out.

The Committee is also expected to build consensus in areas where it has been eroded or is non-existent on important matters related to the process.

The body will also be required to assess how the passage of time has impacted the recommendations of the 1995 Joint Select Committee on the Constitutional and Electoral Reform Report.

Members will, additionally, advise on what fresh perspectives should be considered in light of previous and current national, regional, or international developments and propose any necessary modification to update the recommendations for implementation.

The Committee will also evaluate the recommendations on the establishment of the Office of a President, advise on the nature, qualification, tenure of the incumbent, and the legislative, executive, or ceremonial powers to be exercised by that individual.

The work will be done in three phases.