Review of Bill to Amend Jamaica’s Constitution Far Advanced

Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte, says the review of the Bill to amend Jamaica’s Constitution is far advanced, citing the possibility of the legislation being tabled in Parliament next week, prior to the Christmas recess.

Mrs. Malahoo Forte made the disclosure during a Statement to the House of Representatives on Tuesday (December 3).

She informed that six revised drafts of the Constitution (Amendment) (Republic of Jamaica) Bill have been dispatched by the Chief Parliamentary Counsel (CPC) following additional drafting instructions, reviews by the Drafting Strategy Sub-Committee of the Constitutional Reform Committee as well as the internal Ministry team, along with the Attorney General.

Mrs. Malahoo Forte explained that the proposed Bill contains 36 clauses, a new Chapter 9 (a), a proposed Section 134 (a) and a Fourth Schedule for National Items.

“The Bill is intended to achieve national goals about which there is no dispute on either side of the Parliamentary aisle or within their political parties. When passed into law, the Bill will put the Constitution of Jamaica in proper form as the supreme law of the land,” she stated.

“It is worth reminding everyone that although drafted in Jamaica and debated in the Jamaican legislature, the Constitution came into effect through an Imperial Order in Council as a Schedule to it. We know that form of subsidiary legislation is inappropriate for a supreme law,” the Minister added.

Mrs. Malahoo Forte further informed that the Bill will abolish the Constitutional Monarchy and replace the hereditary Monarch of England with a Jamaican President as Jamaica’s formal Head of State, thereby transitioning the country to a republic.

It will also entrench the Electoral Commission of Jamaica (ECJ) in the Constitution, thereby giving it a permanent place in the country’s laws.

The Bill will further incorporate in the Constitution and provide for treatment of National Items, including National Symbols and Emblems.

“Additionally, the Bill proposes to strengthen the alteration mechanism of the Constitution, to enable more efficient use of legislative time and greater ease in achieving other agreed reform goals without compromising the guard rails,” Mrs. Malahoo Forte stated.

The Bill also provides for greater clarity on citizenship qualification and disqualification from the Parliament, and the appointment of Senators independently of the political parties represented in the House of Representatives after general elections.

Meanwhile, Mrs. Malahoo Forte said Section 49 of the Constitution prescribes the manner in which its provisions are to be altered.

“By way of reminder, a Bill for an Act of Parliament seeking to alter the provisions we are seeking must be tabled in the House of Representatives and a period of three months must elapse between the introduction of the Bill in the House and the
commencement of the first debate on the whole text of the Bill in the House,” she stated.

“A further three months must elapse between the conclusion of that debate and the passing of that Bill by the House. The Bill must be passed in each House by the votes of not less than two thirds of all Members of the House. Thereafter, the Bill must be submitted to the electors qualified to vote for the election of members of the House of Representatives, not less than two nor more than six months after its passage through both Houses, and it must be approved by the majority of electors voting,” Mrs. Malahoo Forte added.

The Minister informed that there has not been a referendum in independent Jamaica, noting discourse regarding potential challenges that the holding of such poses.

“But there is no escaping the approval of the people in order to make the changes to achieve the agreed national goals,” she said.

Mrs. Malahoo Forte reminded the Lower House that where the Bill is rejected by the Senate, either because the requisite vote was not received or it was not dealt with within a month after it was forwarded, the Bill is to be sent back to the House of Representatives for further deliberation.