Senate hijacked

By Devon Dick

Andrew Holness, leader of the Opposition, called senators recommended by him to resign en bloc, which was correct, but for other reasons. Senators who sit on the opposition benches are appointed by the Governor General on the recommendation of the leader of the Opposition. Because a political leader recommends someone for a job does not mean he or she has unlimited power over that person and neither does it mean that the leader should get unquestioned loyalty. One should give complete and unquestioned obedience to God alone and, if any human being requires the same, he or she is engaging in idolatry.

Every legislator ought to have loyalty to truth, justice and righteousness and not to a political party or church denomination. A senator having signed an undated resignation letter suggests that Jamaicans cannot be sure that the contribution he makes in the Senate is what he truly believes, because it would appear the senator is really a puppet on a string for the holder of the letter.

In addition, the oath taken by senators is not to the leader of the Opposition but to the people of Jamaica, as they pledge to uphold the Constitution. Therefore, senators should not have dual allegiance by having undated, signed resignation letters for a politician and another oath giving full allegiance to the people of Jamaica. This would also be deceitful because, while the public was aware of the allegiance to people of Jamaica, the public was unaware of other conditions of service. And since the resignation letter was so great and noble why not make it public? Why did Holness call for resignations en bloc when he already had signed undated resignation letters? He had what he was calling for! This appears confusing at best and deceptive at worse.

Although the Governor General appoints Independent members of the Electoral Commission and members of the Public Service Commission, they are not beholden to him and it would be improper of him to demand undated signed resignation letters. When Don Wehby was seconded from GraceKennedy and he served in the Senate, could the chairman of GraceKennedy have demanded a signed undated resignation in case Wehby made a decision in the Senate which was not in the interest of GraceKennedy?

Furthermore, requiring these resignation letters shows that one has trust issues about the person's integrity or competence. So why did Holness appoint them? And how can Jamaicans trust them? They needed to have resigned en bloc, indeed.

The purported rationale for the undated resignation letter, to prevent a vote in support of the Caribbean Court of Justice (CCJ), is nonsensical because the resignation would be happening after the vote for the CCJ anyway. Therefore, it does not prevent a vote for CCJ; only a punishment after the vote.

iniquitous arrangement

An unsigned, undated resignation letter flies in the face of natural justice and is an iniquitous contractual arrangement which opens itself to abuse.

Furthermore, the Jamaican Constitution does not recognize political parties. There are persons who speak about loyalty of senators to a party leader and political party as paramount.

Former Prime Minister P.J. Patterson understood the spirit of the Senate correctly when he refused to nominate losing candidates from the Lower House to the Upper House. The Upper House was not designed to follow any party line in respect of legislation. Additionally, Patterson is the only prime minister to recommend two independent senators, Douglas Orane and Trevor Munroe, out of his allocation. Edward Seaga, when he was prime minister in 1983, recommended Independent senators after the PNP boycotted the general election. There is a role for Independents. Both Barbados and Trinidad and Tobago have Independent members of the Senate. The Houses of Lords in England and India are not made up of political loyalists but persons with other expertise and intellect to bring to bear on legislation.

Senators signing undated resignation letters and handing power of attorney to a politician over those letters means that the intent of the Senate has been hijacked.

The Rev Devon Dick is pastor of the Boulevard Baptist Church in St Andrew. He is author of 'The Cross and the Machete', and 'Rebellion to Riot'. Send feedback to columns@ gleanerjm.com.