SENATOR DOUGLAS Orane (Independent), has suggested that CARICOM set up now a Caribbean Court solely for commercial cases, instead of a Caribbean Court of Appeal.
He said that if, later on, a Caribbean Court of Justice is established, an indicative referendum should be held to let the Jamaican public decide whether or not to join it.
In calling for an indicative referendum prior to joining the CCJ, Senator Orane was supporting the views of both his Independent partner in the Senate, Dr. Trevor Munroe, as well as the Opposition Jamaica Labour Party.
He was speaking in the Senate's debate of a resolution from Attorney-General, A.J. Nicholson,Q.C., seeking approval for the establishment of the regional appellate court, the Caribbean Court of Justice, as well as the signing of the agreement by the Prime Minister.
"My proposal, having regard to all the circumstances, is that at this time we proceed only with the establishment of a Caribbean Court, solely as a Commercial Court. There seems to be external funding available for such a commercial court, which I understand is from agencies from outside the Caribbean region," he explained.
He said, however, that all the necessary amendments would have to be done to the Constitution in order to entrench the proposed Commercial Court.
Senator Orane said there would be an increasing need for this court as the CARICOM Single Market and Economy becomes a reality.
The Caribbean Commercial Court, he said, could exist in parallel with the constitutional right to the Privy Council. Over time, the country could critically examine the maturing of the Caribbean judicial system, by virtue of its own performance, and consider subsequent modifications and additions, as the public deemed appropriate, at a time in the future.
"However, if there is a decision to proceed with a Caribbean Court of Justice in the near future, then I believe natural justice dictates that an indicative referendum be held," he said.
He said the referendum should be preceded by a period of comprehensive public education: "The argument that such a referendum would be politicised along party lines should not be used as an argument to overrule the right of our people," he said.
Senator Orane said the Government should be guided by the admirable precedent set by the late Rt. Excellent Norman Manley, when he called a referendum to determine whether Jamaica should remain in the West Indies Federation.
In terms of the Judicial and Legal Services Commission of CARICOM, which is proposed to appoint the judges, he suggested that some real effort be made to organise the commission so that it is removed from the sphere of political influences in very practical terms.
All the judges should be made to feel that they were equals, with the President being first among equals, he said.
Much more thought would have to be given to the protection of the rights of the individuals of each state as they are recognised in the various constitutions, so that it can be manifestly reflected in how the Court determines matters as they pertain to private rights and public interests, he said.
"It is important to remind ourselves that the Privy Council has assured us that we can stay with them for as long as we like, therefore, we need to use the time wisely in putting our own house in order, in addition to working out in detail the terms of any proposed withdrawal," Senator Orane said.
