Agenda items for the Constitutional Reform Committee

THE EDITOR, Madam:

The town hall meetings held by the Constitutional Reform Committee have been much criticised for their poor results. Would it not make sense, therefore, to distribute at each session a list of the chief reform issues, and propose, with the agreement of those present, two or three for that occasion?

The list below has emerged from discussions among civil society organisations, chief critics of the existing process.

Whichever issues are selected, the chair or resource persons would give a brief explanation.

For example, around item #2, something along the following lines: “Some believe that the traditional Privy Council should be kept because it has dispensed true justice. Others argue that it makes no sense to replace the king if you still have to swear allegiance to him in his court and need a visa and funds beyond the means of most Jamaicans to even get into his country. An alternative final court of appeal would be an issue not for this discussion but for another that could be added to the list.”

Or around item #6, senate membership, the chair might say: “Presently the leaders of our two main political parties recommend to the governor general the persons they want appointed. An election by the people would require working out some method for electing candidates nominated by civil society and the private sector. That’s a distinct issue for another discussion. But the discussion here and now should not be about method but only about who determines senate membership.”

THE ISSUES:

1. Whether the British King, Jamaica’s current head of state, should be replaced by a Jamaican head of state, thus establishing Jamaica as a republic.

2. Whether the British Privy Council should remain as Jamaica’s final court of appeal.

3. Whether the duties and responsibilities of Jamaica’s head of state should be mostly ceremonial like those of the governor general or mostly executive like those of the prime minister.

4. Whether the head of state should be appointed by the governor general on the recommendation of the prime minister, or elected by the Jamaican people.

5. Whether ministers of government should be appointed by the governor general on the recommendation of the prime minister alone, or by him jointly with both chambers of Parliament.

6. Whether the members in the Senate, the upper chamber of Parliament, should be appointed by the governor general as recommended by the leaders of the main political parties, or elected by the Jamaican people from nominations made by civil society and private sector organisations.

7. Whether citizens of a constituency should have the right of recall of its elected representative, the prime minister or other member of parliament, if this person’s performance is highly unsatisfactory.

8. Whether there should be further delay in passing legislation enabling the impeachment of office holders such as the prime minister, members of parliament and other senior officials.

9. Whether there should be fixed term limits for holders of the office of prime minister.

10. Whether national elections should be held according to fixed dates.

11. Whether the Constitutional Reform Committee has a sufficiently balanced membership, or should be made more representative of civil society and the private sector.

12. Whether there should be 12 months of education on the reform of the Constitution before a referendum is held.

HORACE LEVY