The issue of constitutional reform is being actively, consistently, and regularly discussed within the media and quite rightly so, because the country has waited for decades to have meaningful reform of the Jamaican Constitution.

The first effort at constitutional reform began in the 1970s, whereby the then serving prime minister, Michael Manley, established a commission which had islandwide parish meetings with citizens over a period of time and thereafter a number of proposals were recommended to the Manley-led Cabinet. However, no progress was made because of the extremely violent years of the 1970s. It was just not possible at that time for meaningful consensus to have been achieved regarding full constitutional reform.

In the 1990s, then serving Prime Minister PJ Patterson also officially established an eminent constitutional reform commission to comprehensively discuss this issue with various sector groups and the Jamaican people, informing them of the varying constitutional issues which require change.

According to former Prime Minister Bruce Golding, while speaking with Cliff Hughes on his award-winning Nationwide News Network discussion programme on May 13, 2024, some 13 reforms were agreed at that time; however, there were four proposed reform issues which were not agreed, in terms of how they would be implemented. That constitutional reform commission submitted its report to Parliament; however, no consensus was reached between the People’s National Party (PNP) and Jamaica Labour Party (JLP), so nothing happened.

Prime Minister Andrew Holness established the Constitutional Reform Committee (CFC) in March 2023. At the time Prime Minister Holness said while the work of the committee is critical to achieving the reform goals on which we have consensus, “the narrative, education, and arguments should be presented to the public so that they are indeed not just bystanders but are included in the process”.

PNP president and Leader of the Opposition Mark Golding has stated that the PNP will not sign off on any final constitutional reform document if the Government does not agree to remove the Judicial Committee of the Privy Council as Jamaica’s final court of appeal. This is a divisive issue, as there are some Jamaicans who support maintaining the Privy Council while others support Jamaica joining the Caribbean Court of Justice (CCJ).

How can the CRC sign off on recommendations before having more extensive consultations with the Jamaican people? It is my view that the CRC has been a gigantic failure, as it has fundamentally failed to educate and inform the people about the issues surrounding constitutional reform and the discussions with the Opposition have not adequately taken place.

Where is the national print and broadcast media educational campaign concerning constitutional reform. The far-reaching, informed engagement with the masses of the Jamaican people and the various sectors have just not taken place within an informed framework. Without the support of the Opposition PNP, the JLP Government will not be able to successfully achieve any constitutional reform, it is that simple.

My views on constitutional reform are as follows:

1) Jamaica should have a ceremonial president as head of State

2) Jamaica should have a dual final court of appeal for a period of 10 years; meaning, Jamaicans should be allowed to appeal either to the Privy Council or the CCJ for the stated period

3) The ceremonial head of State should be appointed by the Jamaican prime minister after consultation with the leader of the Opposition

4) Cabinet and state ministers should continue to be named by the serving prime minister

5) The members of the Senate should be appointed by the leaders of the two political parties

6) No constitutional system of recall for Members of Parliament (MP) is needed

7) Parliamentarians and civil servants of a high rank should be subject to impeachment

8) Jamaica should have a two-term limit for all serving prime ministers

9) There should not be a fixed general election date, all serving prime ministers should be allowed the discretion to announce general election dates

10) All senators should be paid an annual salary

11) The director of public prosecutions should have a fixed term of six years

Clearly, some sections of the Jamaican Constitution require reform.

robertdalley@zohomail.com