Golding warns constitutional reform could be jeopardised with passing of retirement age bill
KINGSTON, Jamaica— The controversial decision by the Government to amend the Constitution to move the retirement age of the Director of Public Prosecutions (DPP) and the Auditor General from 60 to 65, is threatening to railroad the entire constitutional reform process, warned Opposition Leader Mark Golding on Tuesday.
He was speaking in the House of Representatives where amendments to sections 96(1) and 121(1) of the constitution to facilitate the change were debated and passed.
The amendment bill was piloted by Justice Minister Delroy Chuck.
But, even before the debate started, Golding asked for a divide vote which went 38-8 in favour of the government.
“We are totally against the way in which the Government is proceeding with this matter where they’re seeking to amend the constitution by legislation that is being tabled today without any prior consultation either with the opposition or …with the Constitutional Reform Committee on this matter,” Golding objected.
“We are strongly against an attempt to address a desire to have an incumbent individual holder of either of those offices have their tenure extended by a constitutional amendment which is going to be a permanent amendment,” he added.
Golding insisted that the government was obliged to consult the opposition before bringing the matter to the Parliament. Of the government’s approach, he said “it is irregular, it is improper, it is bad governance and we intend to vote against it for those reasons and we also will be taking legal advice as to whether what is happening here is within the constitution”.
Golding told the House that if the legal advice indicates that the step taken is unconstitutional, “we shall take the matter to court”.
He then gave an ominous warning:
“We will also be reconsidering our participation on the Constitutional Reform Committee because that committee has been set up to address constitutional reform, it is being bypassed by this legislation…and for whatever reason it is being rushed through this Parliament when there’s a process of constitutional reform underway and where that process has not even had the opportunity of considering this matter…
“It is a very sad state of affairs and we want to register our strongest possible protest against what is happening”.
In his contribution to the debate St Andrew South Eastern Member of Parliament, Julian Robinson said the process was disrespectful as the opposition was not consulted.
He also warned that the independence of the Office of the DPP was being compromised.
DPP Paula Llewellyn previously had her tenure extended by three years. That extension ends in September and she could now remain in office until age 70 as the Governor General, under special circumstances, can extend the age requirement for the office holder until that age.
Despite the objections raised by opposition members, Chuck merely acknowledged their contribution and the bill was subsequently passed without amendment.