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Constitutional Reform Committee's phase one work likely to be reduced - Malahoo Forte

Published:Thursday | April 20, 2023 | 5:09 PM
Minister of Legal and Constitutional Affairs Minister Marlene Malahoo Forte. -File photo

The work of the Constitutional Reform Committee (CRC) in its first phase is likely to be reduced to just the removal of the British monarch as Jamaica's head of state, Legal and Constitutional Affairs Minister Marlene Malahoo Forte says.

The minister, who chairs the 15-member committee, made the disclosure today amid concerns about whether public consultation can be completed on all aspects of phase one work in time to allow a bill to be tabled in Parliament next month.

The committee was set up in March to oversee the reform of the 61-year-old Constitution. Its work has been scheduled in three phases.

The first phase includes a focus on repatriation of the Jamaican Constitution; the abolition of the constitutional monarchy; establishment of the republic of Jamaica; and all matters within the deeply entrenched provisions of the Constitution which amendments are "desired and required", according to document released by the Ministry of Legal and Constitutional Affairs in March. 

This phase was planned to run for two months. 

Malahoo Forte affirmed today that the work will continue towards tabling legislation in Parliament in May on the republic issue. 

But she says there's serious consideration to push back the other aspects of phase one. 

"If we don't do something, how will we demonstrate to the people that we really are serious about the change? So, as part of the reflection and consideration of all of the issues, it may come down to a revision of how much is done in phase one all at once," said the minister.

She added: "Maybe we have to deal with the narrow question of just abolishing the monarch in the constitutional make up of Jamaica while we work out the other issues. And, I think those who have spoken on it are agreed that that is a move we should make, especially at this time with the passing of Queen Elizabeth and the ascension of Charles III." 

The reduced workload for the first phase would allow the Government and Opposition People's National Party (PNP) to resolve differences regarding the process for the appointment of a president when Jamaica ends its relationship with the British monarchy.

Malahoo Forte has said there is consensus that the appointment will be on the nomination of the prime minister, after consultation with the leader of the opposition, to be confirmed in the Parliament. She also outlined that the intention is to legislate that the Senate and House of Representatives will sit together to make this determination on a special vote.

But the opposition has publicly suggested there is a proposal which could see a deviation from the tradition of requiring support from two thirds of the members of each House for such provisions to pass.

"The position of the People's National Party is that the vote should be taken in a manner which reflects the present constitutional arrangements, that is, two-thirds of the members of the House of Representatives and two-thirds of the members of the Senate," the party said in a statement on Monday. 

Meanwhile, the CRC has planned three tours to cover western, central and eastern Jamaica over the next three to four weeks.

Dr Nadeen Spence, who heads the communications sub-committee, says the meetings in St James, Manchester and the undetermined location in eastern Jamaica will be critical to deepen engagement with Jamaicans and civil society groups. 

She acknowledged that a ramped out public engagement have been slow to start but said the committee is now in a position to engage because "we have more substantial things to say".

"It's also in a better position for feedback and for the to-and-fro that is a necessary part of the process. I think as well that as Jamaicans get into the issues, they will find that they have more things to communicate. We're at a point where the communication is just right ...and there's a commitment from all the members of the committee that we hear from the people," Spence said.

The coronation of Charles III and his wife, Camilla, as king and queen of the United Kingdom and the other Commonwealth realms such as Jamaica is scheduled to take place on May 6. 

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