THE Opposition on Friday ripped into a Bill seeking to initiate the Government’s push to republic status, claiming that the process is being done in a piecemeal fashion and again forcing the Administration to defend its approach to constitutional reform, which it has said is being done on a phased basis.

At Friday’s sitting of the Senate, Opposition Senator Lambert Brown argued that the Bill, the Constitution (Amendment of Section 61) Act, 2024, came to the Upper House “as a piecemeal to the bigger Constitutional Reform Committee (CRC) work, and is surprising, and it’s not necessary”.

The Bill seeks to amend Section 61 of the Constitution of Jamaica to provide for new words of enactment, which the Government says 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.

Brown, however, challenged the Administration’s claim of the Bill being the first piece of legislation on the road to republic, arguing that it was initiated by former Prime Minister PJ Patterson when he changed the Oaths Act in 2002.

“That was part of the road to republic because the oath at that time required those of us who would come to this chamber to swear allegiance to Her Majesty, her heirs and successors, according to law….I thank PJ Patterson and the [Opposition] People’s National Party (PNP) for the boldness in making that change…So that’s the first step on the road to republic,” he said.

Brown also used his contribution to the debate to reaffirm the Opposition’s disapproval of the Government’s handling of the matter of constitutional reform as it pertains to the Caribbean Court of Appeal being the nation’s final court.

The PNP said it wants both the removal of the British monarch as head of State and dropping the United Kingdom-based Privy Council in favour of the Caribbean Court of Justice (CCJ) as the nation’s final court to be addressed at the same time, and not on a phased basis as the Government has proposed.

PNP President Mark Golding has said that the PNP would not be supporting the move to establish Jamaica as a republic if the CCJ is placed on the back burner.

Brown further argued that even with the change in the words of the enacting clause for legislation, the Government is doing nothing to change the court system, “which is in your hands to change”, he said, adding that “you don’t want to go to the CCJ, which doesn’t require the King ordering us”.

“When you come with this piecemeal legislation you still leave out those who interpret our laws. And the United Kingdom, Privy Council, the judicial committee, have no power without the King saying: “I order that this report be followed.”

He further argued that the Bill needs additional clauses so as to find favour with him.

“We needed more than two clauses. We need you to say, ‘I’m going to abolish the Privy Council; we’re going to the CCJ.’ We need you to pay attention to the issues because the Jamaican people are becoming aware of their rights,” he said.

“Let’s change up, let’s go towards republic. Let’s pay attention to the committee’s report, let us do that. And let us not come with a piecemeal…just a botox shot, because the reality is: Every decision that comes from our laws that are interpreted by the Privy Council has to be, ‘we humbly advise His Majesty’, and His Majesty would issue an order to the Government of Jamaica. Change that. Let’s go to the CCJ. Change that; let’s not come with botox legislation,” he said.

In response, Leader of Government Business in the Senate Kamina Johnson Smith said the legislation is concerned fundamentally with the recognition of the dignity and autonomy of the Parliament and the people of Jamaica.

“The Bill before us is not one of empty symbolism, feel good, or botox…. This is about ensuring that the autonomy of the Jamaican Parliament and the people of Jamaica in the legislative process is secured, and it is secured without delay,” she said.

She noted that the CRC, which was established to help guide the constitutional reform process, has thoughtfully, and intentionally, and very carefully set out phases through which reform will progress in three phases.

“In phase one, the Government’s position is that the abolition of the monarchical form of government will be abolished, the King of England removed as our head of State, and the republic of Jamaica established simultaneously.

“The constitution will be ‘Jamaicanised’ by repealing and replacing the present imperial instruments with a Jamaican instrument made by our Parliament and approved in Jamaica.”

The Bill, which was put to a vote, was passed after 15 members gave their approval.