Gov’t searches for solution
Holness determined to break constitution logjam
PRIME Minister Andrew Holness is not ready to give up on the process to make Jamaica a republic despite the Opposition’s lack of support and calls for the planned constitutional reform to be put on hold until after the next general election.
In a surprise appearance at the post-Cabinet media briefing at Jamaica House on Wednesday, the prime minister declared his Administration’s commitment to the reform process but left without taking any questions on how he will untangle the logjam it now faces.
On Tuesday, Opposition Leader Mark Golding used a media briefing to announce that there are 17 clauses in the draft report from the Constitution Reform Committee (CRC) that his party has grave concerns about and warned that it would not back down from its call for the country to switch from the United Kingdom-based Privy Council to the Caribbean Court of Justice (CCJ) as its final appellate court as part of any plan to move to a republic.
“We’re not in favour of a phased approach to decolonisation. We’re not in favour of having one foot in and one foot out of the king’s yard. We [have to] decide to be in or out. It can’t be neither fish nor fowl. Time come to deal with this matter once and for all,” declared Golding.
On Wednesday Holness used the post-Cabinet media briefing to break his silence but left several questions unanswered, including the burning issue of Jamaica’s final court of appeal.
According to Holness, he has refrained from commenting on the proposed constitutional reform to prevent it from being seen as political, but based on the recent posturing of the Opposition he felt constrained to break his silence.
He said, based on his discussions with Golding he was disappointed, but not surprised, by the current stance of the Opposition which had initially declined to nominate its members to sit on the CRC.
“We [Holness/Golding] ended up having a meeting under the auspices of the Vale Royale Talks. I thought those were good meetings, and we came to an understanding that the process would be a phased process, that we would move on the matters on which we agreed — which would be Jamaica becoming a republic — and the other matters that were a little more complex… that those would come in the second phase of the process,” said Holness.
“As a result of that meeting…the leader of the Opposition agreed to name members to the CRC and as a result of that we moved forward,” added Holness.
He told the media briefing that based on his discussion with Golding the Government had a reasonable expectation that the review would proceed in good faith and the recommendations for the first phase of the reform process implemented.
According to Holness, the CRC had done a good job in its consultations and has taken into account the different views before submitting its recommendations to the Cabinet.
“I’m not surprised that they would’ve tried to find every way out of seeing this process through to its rightful conclusion. I would like to say to the Jamaican people that the efforts that the Government has made [are] not in vain, that we will continue to pursue consensus because the truth is that you cannot disturb constitutional and governance architecture of the country without consensus. That is the reality,” said Holness.
“I want to assure Jamaicans that the process continues. We are in a certain season, described by others as silly, [and] I tend to sometimes agree, but we will get over it and Jamaica will evolve into its rightful form constitutionally, governance — in terms of or economic independence — and socially,” added Holness before walking out as journalists queued up to ask him about the Opposition’s demand for the introduction of the CCJ in phase one of the reform.
With the departure of Holness, Minister of Legal and Constitutional Affairs and co-chair of the CRC Marlene Malahoo Forte, reiterated her position that the committee has been willing to listen to, and consider, the suggestions of the Opposition.
“As the prime minister indicated at all times we proceeded on the understanding that we are phasing the reforms. The process is a complex process, it is a difficult process, and it is one that we have not done since we attained independence,” said Malahoo-Forte as she underscored the Government’s position that the decision on the final court of appeal is not for the first phase, as this is not a deeply entrenched matter and does not need a referendum to change.
She also rejected the call for the process to be halted until after the next general election, constitutionally due by September 2025.
“We are where we are in the life of the Parliament [and] I do not believe it is beyond us to rise above the partisan colours and to hold the national interest in strong view. The constitution contemplates that the process can take place over the life of two parliaments and I think we should move to do what we can and take it in stages.
“Because if we delay it… you know what people are going to say… ‘mek it just stay’. So many times the people’s interests have been ignited and we put it down. We have had so many false starts. Do we really want that self-fulfilling prophecy that nothing will come out it?” added Malahoo-Forte.