KINGSTON, Jamaica – The Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, has signalled that the Bill that will kick start the process to reform Jamaica’s Constitution could be tabled in the Parliament as early as next week.

Malahoo Forte made her intentions known while providing an update via a ministerial statement in the House of Representatives on Tuesday, even while acknowledging that reform will not be possible without the support of the Opposition People’s National Party (PNP).

As he has done before, Opposition Leader Mark Golding, while responding to Malahoo Forte, warned that it was unlikely that the PNP will support the reforms as they are being pursued.
Nonetheless, Malahoo Forte is plodding ahead.

“I am pleased to inform this honourable House and the people of Jamaica that review of the Constitutional (Amendment) (Republic [of Jamaica]) Bill is far advanced. It is quite possible to complete the remaining steps for the Bill to be tabled as early as next week – before the Christmas break,” she stated.

The proposed Bill contains 36 clauses, a new Chapter 9 (A), a proposed section 134 (A) and a Fourth Schedule for National Items.

“It is intended to achieve national goals about which there is no dispute on either side of the parliamentary aisle… When passed into law, it will put the Constitution of Jamaica in proper form, as the supreme law of the land,” Malahoo Forte remarked.

The minister said it was worth reminding 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,” she said. She also outlined that it will abolish the Constitutional Monarchy and replace the Monarch of England with a Jamaican president as Jamaica’s formal Head of State, thereby transitioning Jamaica to a republic.

It will also entrench the Electoral Commission of Jamaica in the Constitution, “thereby giving it a permanent place in our laws.” And it will incorporate in the Constitution and provide for treatment of National Items, including National Symbols and Emblems.

The Bill also provides for greater clarity on: citizenship; qualification and disqualification from the Parliament; and the appointment of senators independent of the political parties represented in the House of Representatives after General Elections.

The constitutional affairs minister is not too optimistic that the reforms will be completed during the remaining life of the current Parliament. She reminded that the Bill seeking to alter the provisions outlined must go through a particular process.

This includes the three-month period that must elapse between the introduction of the Bill in the House and the commencement of the first debate; and a further three months that must elapse between the conclusion of that debate and the passing of that bill by the House.

Significantly, the Bill must be passed in both Houses of Parliament by a two-thirds majority. Jamaicans must also decide via a referendum to remove King Charles as Jamaica’s Head of State, the monarchy being deeply entrenched in the Constitution. While the governing Jamaica Labour Party has a super majority in the House, it does not have a two-thirds majority in the Senate and will require Opposition support which it does not currently have.

Malahoo Forte has acknowledged this fact.

She said: “Whilst provision is made for the Bill to be sent to the people, even if it is not passed by the Senate, bipartisan support within the Parliament would mitigate the risk of the electorate participating in the referendum in a partisan manner. A successful outcome in the referendum would signal the collective will of the people of Jamaica.”

Yet, Malahoo Forte felt compelled to state that “Previous pronouncements by the leader of the Opposition signal a reluctance to support the reform Bill for a number of reasons. This unwillingness poses a risk to the success of the reform process as bipartisan support may not be obtained.”

When he responded to her, Golding voiced his concern that Section 49 of the Constitution could be amended to make it easier to deal with the reforms for which a referendum is not required.

“I’m not sure why it’s considered necessary to do that,” he said while noting that the Constitutional Reform Committee (CRC) did not get into any serious discussions about that section. He said the matter needed consultation between the two major political parties.

Said Golding: “While I understand the minister’s anxiety and desire to move forward as expeditiously as possible, I would ask her to bear in mind that this is a situation where one hand simply cannot clap and without the support of this side this process is going nowhere. We have put on the table issues of real concern and unless those are addressed our support is not guaranteed.”

The biggest sticking point between the government and Opposition is the issue of making the Caribbean Court of Justice Jamaica’s final appellate court. The government has said it will be dealt with during another phase of the reform process but Golding has insisted that it must be done at the same time the monarchy is being removed during phase one.

On Tuesday, he stated that in the six months since the CRC published its report, he has not had any interaction with the Government on the mater. However, Malahoo Forte countered that it was up to the Opposition members of the CRC to update Golding on the deliberations of the CRC, if they are in attendance.

She said the lack of update to the leader of the Opposition has to be owned by the Opposition members on the committee. And she said she was hopeful that the Opposition members will attend the next meeting of the CRC that is scheduled for Wednesday, December 4.