MONTEGO BAY, St James – As strides on the journey towards a republic gain momentum, Minister of Legal and Constitutional Affairs Marlene Malahoo Forte says the decision on whether to sever ties with the Privy Council as the final court of appeal will have to be taken shortly after replacement of the British monarch.

“There seems to be consensus on abolishing the monarchy, those who have had their say. But we don’t really have a consensus yet [and] there is no getting around making a decision which court should be the final court. Many are saying CCJ, the Caribbean Court of Justice. The Opposition’s position is clear and strong and the others are saying consider a final court. When that matter comes up we are going to have to weigh the arguments because there won’t be any putting off of it. It’s just that if we don’t get this [severing ties with the monarchy] done, we cannot get to it,” Malahoo Forte told the audience in attendance at the first Road to Republic Town Hall meeting which was held at the Montego Bay Civic Centre in the historic Sam Sharpe Square in St James on Wednesday evening.

She noted that “we are going to have to talk about the final court because views are deeply divided on it right now”.

She emphasised, however, that the focus now is to first hurdle the stumbling blocks associated with changing of the constitution, which requires a referendum, such as the abolition of the monarchy.

“The final court is not really open to consideration right now but the process to change the court is not a process that requires a referendum. And my good friend, Anthony [Hylton] here has reminded at every opportunity that we can’t do this work without considering what the final court is,” Malahoo Forte stated.

For his part, Constitutional Reform Committee [CRC] member Anthony Hylton contended that “for people to practically consider this issue, I think more information is to be put out into the public”.

“So consider this as part of that process and the reason why the Opposition feels very strongly about it,” Hylton stated.

He added that the financial cost to the Privy Council in Britain is very prohibitive.

“The truth also is that in the current situation we heard of a businessman today. His perspective is that the cost of litigating, of getting a decision from the Privy Council, was prohibitive. Not only that the length of time that it takes [but] he recognises that for commercial matters this is a problem as well,” Hylton, an attorney-at-law, said.

Hylton further underscored the financial and other constraints to access to justice in the Privy Council.

“I want to suggest that where you have these kinds of issues and concerns what actually happens in the law. Those of us who are in the law or practise know that what you get are compromises very often, because the decisions are so difficult, so expensive, that instead of vindicating your rights in contract or in law, you tend to then compromise cases. That’s not the best way to develop the law in the jurisprudence. That’s not the best way. So access to justice, we contend, must be one of the values to this whole constitution process; access to justice,” said the Opposition party representative on the CRC.

Malahoo Forte conceded that there are financial and visa issues to access the Privy Council, which “have to be taken seriously”.

“But here’s the problem: The court is in London, it says it will come to Jamaica to sit; it hasn’t come. But we need a visa to go to England and there are issues around the cost and the process to justice. Those are issues that we will have to take seriously. So because that is not a matter that is going to require referendum, that’s the next phase of the reform, right after we abolish the monarchy,” she argued.