By Balford Henry Senior From Jamaica Observer

MINISTER of Justice Senator Mark Golding said [recently] that having a referendum to decide whether the Caribbean Court of Justice (CCJ) should replace the Judicial Committee of the Privy Council (JCPC) as Jamaica’s final appellate court would be a mistake.

“We believe a referendum would be a huge mistake,” Golding said as he opened the debate on the issue in the Senate.

He argued that the Privy Council has no security of tenure under Jamaican law, as it is not protected by entrenchment in the Constitution. As such, he said, it could be abolished by a Bill supported by a simple majority in both Houses of Parliament.

“Any referendum thereafter would have no legal status, as it would not be in accordance with the provisions of our constitution,” Golding said.

However, Opposition member Senator Alexander Williams disagreed with Golding, stating that the country’s final appellate court would require the greatest level of protection if it were to succeed, adding that a two-thirds vote “may not necessarily represent the will of the Jamaican electorate”.

“We need to be very careful about what we are doing. It is my view that our final court should be deeply entrenched to protect it from any possible interference by our political parties, who might jointly dislike its decisions and seek to remove it by a two-thirds majority vote in Parliament,” Senator Williams insisted.

Other speakers were Senator KD Knight for the Government, and Senator Kavan Gayle for the Opposition, both of whom stuck with the party line — the Opposition objecting and the Government seeking a yes vote.

The Senate is debating three Bills related to Government’s determination to make the CCJ Jamaica’s final appellate court. They are are the Caribbean Court of Justice Act 2012; the Judicature (Appellate Jurisdiction) (Amendment) Act, 2012; and the Constitution (Amendment) Caribbean Court of Justice) Act 2012, which would make the constitutional change to replace the over 180-year-old UK-based JCPC with the 10-year-old CCJ headquartered in Port of Spain, Trinidad.

The debate will continue and could last between three and four weeks, after which a vote will be taken.

IMAGE: (L-R) WILLIAMS… our final court should be deeply entrenched to protect it from any possible interference by our political parties. GOLDING… a referendum would be a huge mistake
For more on this story go to; http://www.jamaicaobserver.com/news/CCJ-Bills-debate-commences-in-Senate_19234125