THE majority of individuals and entities making submissions to the joint select committee of Parliament examining the proposed legislation to transition Jamaica to a republic have argued that members of the Senate should be directly elected rather than being appointed.

Under the present system the Senate comprises 21 members, 13 on the Government benches and eight on the Opposition benches.

The Constitutional Reform Committee, which is leading Jamaica’s transition to a republic, has recommended that the size of the Senate be increased to 27, with 15 Government members, nine Opposition members, and three members appointed by the president of the republic from among outstanding people in the private sector, civil society, faith-based, or community-based organisations, or other sectors of society.

On Wednesday, senior director of constitutional reform in the Ministry of Legal and Constitutional Affairs Christopher Harper told the joint select committee examining the Constitution (Amendment) (Republic) Act, 2024 that, “Having reviewed some of the submissions received from members of the public thus far, the general sentiment around the proposed expansion of the Senate is…a directly elected Senate rather than an appointed Senate.

“This is in keeping with their view of what a democratic process entails and what they understand and believe democracy to be and represent.”

Harper said some groups are of the view that a further expansion of the number of independent members should also be done.

“Right now there is a proposal for three independent members; some groups in particular had suggested six independent members because they believe this to offer greater value in terms of a discourse amongst senators on legislation that is brought before them.

‘’There are other groups who are of the view that the composition as proposed would be better arranged in an effort to guarantee the safeguards that is currently upheld throughout the Bill by a different arrangement than what is proposed currently. That’s the general gist behind the submissions received so far,” Harper told the committee.

Responding to Harper’s disclosure, Minister of Legal and Constitutional Affairs Marlene Malahoo Forte — who chairs the committee — said, “For many years, the political parties represented in the Parliament have indicated to Jamaicans living abroad that they would give some form of representation to them in the Parliament and that has created a lot of discussion but I think in an effort to honour the spirit of what is intended, the provision invites the president to have regard to the representation by any of the senators to be appointed in his discretion of the interest of Jamaican citizens who reside abroad”.

But Government Senator Sherene Golding Campbell questioned the rationale behind the proposed 27-member Senate and baulked at the reference of members being drawn from civil society.

“I would, at this point, be very opposed to the term civil society being introduced into the constitution. I am not aware that it is currently there, but I know I have seen it in some of our legislation and our Acts of Parliament where bodies are being appointed, or panels, or tribunals, ‘and a member of drawn from civil society’,” Golding Campbell pointed out.

“Who is civil society? I would be very concerned if a president has the authority to appoint a member from this “civil society group” whose interests were directed, or influenced, by a body outside of Jamaica. So I would wish some further explanation as to the rationale behind these categories chosen and I would further say that the other category of faith-based or community-based organisations…I am making the same point. I hope we mean a faith-based organisation, constituted in Jamaica, operating in Jamaica with Jamaican members,” Golding Campbell said.

Malahoo Forte, in responding, said, “Throughout the Constitutional Reform Committee process we deliberated on the significance of references in the constitution, it was not in relation to civil society or faith-based organisations…we had it in relation to the Commonwealth, but in principle it means the same thing.”

In her contribution Chief Parliamentary Counsel Judith Grant said, “Insofar as they are not defined in the constitution or in this Bill, those terms would have their ordinary meaning. Private sector would mean businesses outside of Government; civil society would mean any group other than a private sector group or a government group, and these terms are really providing guidance.”

The Constitution (Amendment) (Republic) Act 2024 will abolish the constitutional monarchy and transition Jamaica to a republic.