House Passes Bill to Formulate New Words of Enactment in Jamaica’s Constitution

A Bill to amend Section 61 of the Constitution of Jamaica to provide for new Words of Enactment, was passed in the House of Representatives on Tuesday (May 28).

Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte, who piloted the Constitution (Amendment of Section 61) Act, 2024, said it constitutes the first legislative step in a proposed series of amendments intended to give effect to a Constitution enacted by the Parliament of Jamaica and approved by the people of Jamaica.

“The Words of Enactment for Bills indicate the source of authority for the making of enactment. Whilst they are technical in nature, the enacting words are important to signify the supreme authority of the Parliament of Jamaica in legislative matters,” she informed.

Minister Malahoo Forte explained that the provision of the Constitution falls into three categories based on the process set out in the Constitution itself for their alteration.

They are popularly described as ordinary provisions, entrenched provisions and deeply entrenched provisions.

“The ordinary provisions require the votes of a majority of all members of each House to alter them. Generally speaking, in addition to the specific timeframes at different stages for debating and voting after tabling a Bill, the entrenched provisions require the votes of not less than two-thirds of all the members of each House to alter them.

“Again, generally speaking, in addition to the specific timeframes at different stages for debating and voting after tabling a Bill, the deeply entrenched provisions require the majority votes of the electorate to approve any alteration in addition to the votes of not less than two-thirds of all the members of each House,” the Minister further outlined.

She said the Constitution also makes provision for the rejection by the Senate of a Bill passed in the House to go to the electorate, specifying an approval threshold of three-fifths of the votes for entrenched provisions and two-thirds for deeply entrenched provisions.

Mrs. Malahoo Forte further noted that Section 61 is an ordinary provision which is neither expressly nor impliedly entrenched.

She noted that any alteration to this provision which does not affect the legislative role of the Monarch, only requires the votes of a majority of all the members of each House for passage.

Section 61 of the Constitution prescribes the Words of Enactment that must accompany every Bill tabled in the Parliament and presented to the Governor-General for assent.

“In the case of most Bills, the prescribed Words of Enactment are ‘Be it enacted by The Queen’s Most Excellent Majesty by and with the advice and consent of the Senate and House of Representatives of Jamaica and by the authority of the same as follows’.”

Section 61 further sets out the Words of Enactment for Bills brought under specific segments of the Constitution, being Sections 37, 49, 56 and 57.

“The passing of the Queen of England brought the wording of the Words of Enactment into sharp focus, given the explicit reference to The Queen in keeping with the role of the Monarch as Jamaica’s Head of State and part of the Parliament,” Mrs. Malahoo Forte said.

She explained that different views contended on the approach to be taken in the aftermath of The Queen’s demise.

“Subsection 12 of Section 1 of the Constitution provides that the United Kingdom Interpretation Act of 1889 is to be used for interpreting the Constitution. Section 30 of the Interpretation Act provides that references to the Sovereign or the Crown are to be construed as references to the Sovereign for the time being. Notwithstanding the transitional effect of section 30 of the 1889 Interpretation Act, the removal of the references to the deceased Queen is considered to be important.

“The better view is that while you may find the meaning of the words of the Constitution by interpreting them in accordance with the Interpretation Act, you cannot change the actual words of the Constitution by that means. The actual words can only be changed by the passing of a Bill in keeping with the prescribed procedure set out in the Constitution itself,” Mrs. Malahoo Forte stated.

The Minister noted that the need to reformulate the enacting words was considered by the Constitutional Commission of Jamaica in its 1993 report.

“The Commission proposed that the existing Words of Enactment be replaced with the People and Parliament of Jamaica. The proposal was made in the context of Jamaica transitioning from being a Constitutional Monarchy to a Republic.

“As the constitutional reform process aimed at effecting Jamaica’s transition from a Constitutional Monarchy is now well under way, the proposed alteration of Section 61 at this time is to ensure that the requisite Bill providing for the establishment of the Republic of Jamaica will contain the enacting words that are commensurate with Republic status,” Minister Malahoo Forte said.

Thirty-three Members of the House voted for the legislation; three abstained, while 24 were absent.