KINGSTON, Jamaica — If the Constitutional Reform Committee (CRC) had accepted the recommendation to include the mechanisms of impeachment and recall for parliamentarians in the constitution, it could have opened lawmakers up to a partisan, political process.

The recommendation was also rejected because the CRC was of the view that most matters of impeachment would be criminal in nature and therefore “triable” in the courts.

This position was stated on Tuesday by the Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, during her contribution to the Sectoral Debate in the House of Representatives.

The CRC has been criticised by several civil society and other groups for not accepting the impeachment recommendation.

However, Malahoo Forte, in outlining the work of the CRC and explaining the recommendations to her parliamentary colleagues, acknowledged that lawmakers have to come to terms with the fact that the public is demanding accountability from them.

She shared that the committee deliberated with full knowledge that a private member’s bill was tabled in the Parliament and that previously, under the Jamaica Labour Party Government, discussions were held about including a process of impeachment.

The private member’s bill she referenced was tabled by Opposition Leader Mark Golding in 2021. In 2011, then Prime Minister Bruce Golding brought an impeachment bill to the Parliament. Neither bill gained traction, and they were never debated.

On Tuesday, Malahoo Forte said the CRC took into consideration “repeated concerns expressed by the public about the lack of accountability among parliamentarians.” She noted that in her report to Prime Minister Andrew Holness and the Cabinet, she advised that parliamentarians will have to look at how to hold themselves accountable in a better way.

“We will have to look at the concerns of the people; [and] while those concerns may not be addressed through an impeachment or recall process, the people are demanding greater accountability from the political class,” Malahoo Forte said. She told her colleagues that the history of impeachment in other jurisdictions was examined and consideration was given as to how it would work in the Jamaican context.

“After lengthy deliberations, we recommended that there should be no inclusion of an impeachment process in the reform of the constitution,” she said while outlining the reasons for the non-inclusion.

Among the reasons, the minister said, is that “it is essentially dealing with what is a legal matter through a political process, as most impeachable offences are criminal in nature and properly triable in the courts.”

She pointed out that there were strong views on both sides of the argument, but the CRC also considered that the process could be easily manipulated for partisan, political purposes and that it is difficult to ensure an impartial hearing by members of a Parliament that is divided along partisan, political lines.

Malahoo Forte said questions were raised about whether a matter being investigated involves the allegation of a crime.

“In such circumstances, criminal proceedings would be invoked, which creates the risk of competing and conflicting jurisdictions and outcomes.

“In the case where impeachable offences are not criminal offences, the definitions are generally vague, and therefore the impeachment process is regarded as inconsistent with the principles of natural justice,” she said.

The minister said that since the report and subsequent engagement with the public, some persons have inquired about the possibility of including the process of recall in lieu of impeachment. She pointed out that with Members of Parliament largely seen as the ultimate problem solvers despite the numerous constraints that come with the position, any unfulfilled expectations could see up to four MPs being recalled during the life of a Parliament.

“So they say the strength of a democracy is that it is self-correcting because it has the power of the decision in the vote,” she remarked.

“It is an area that we will continue to debate and discuss because we must bring greater accountability to the holders of public office, and the people are asking for more,” she added.