By Vernon Daley, Parliamentary ReporterLEGISLATION TO abolish appeals to the United Kingdom-based Privy Council and institute the Caribbean Court of Justice (CCJ) as Jamaica's final appeal court, is expected to come before Parliament within six months.
Attorney-General Senator A.J. Nicholson told The Gleaner last week that the Chief Parliamentary Counsel was now working very hard at drafting the legislation, which is expected to be ready for Parliament "certainly before the end of the year."
The legislation is aimed at removing section 110 of the Jamaican Constitution, which provides for appeals to the Privy Council. It will also modify the Constitution to allow for the CCJ to be the island's final court of appeal.
Much controversy has swirled around the CCJ, with the Opposition Jamaica Labour Party (JLP) along with other groups and individuals, opposing the Government's stance to set up the court without consulting the people in a referendum.
Under the Constitution, the Government can abolish appeals to the Privy Council and set up the CCJ, using a simple majority in both Houses of Parliament. However, critics say the decision is much too important for the Government to make without getting the people on board.
In fact, the Parliamentary Opposition has given warning that a future JLP Government would withdraw from the CCJ if the current administration goes into it without a referendum.
Today, Prime Minister P.J. Patterson will sign the instrument of ratification to set up the controversial court at a ceremony at the Office of the Prime Minister, St. Andrew. Both the JLP and human rights watchdog group, Jamaicans for Justice, are boycotting the ceremony.
Dr. Edwin Carrington, Secretary-General of CARICOM, is among the invited guests to the 5:00 p.m. ceremony.
Ratifying the agreement will help to speed up plans to establish a US$100 million trust fund to finance the court. CARICOM leaders last year agreed to authorise the Caribbean Development Bank (CDB) to establish the fund by raising the money on the international capital market. Jamaica's contribution to the fund is US$26.8 million.
