Constitutional expert urges Gov’t to hold public discussions before pushing through Portmore boundary changes

As the debate surrounding the proposed establishment of Portmore as a parish resurfaces, constitutional lawyer Dr Lloyd Barnett says there is a need for public participation in the process before a bill is tabled in Parliament.

With the Government signalling its intention to table a bill in Parliament to formalise the boundaries for Portmore as a parish, Barnett is insisting that such a significant matter warrants thorough public scrutiny beforehand.

Information Minister Robert Morgan indicated during last week’s post-Cabinet press briefing at Jamaica House that the National Land Agency (NLA), the Portmore Municipal Corporation, and various stakeholders were engaged to establish the boundaries for Portmore, and that the next step would be to table a bill in Parliament so that Portmore can finally become a parish, noting that it was a commitment that the Government has consistently made.

However, the proposed boundary alignment, utilising Highway 2000 as the border, has drawn criticism for potentially disenfranchising communities in the constituencies of St Catherine East Central and St Catherine Southern.

“For a matter of this type, there should be a public discussion. They shouldn’t just put it before Parliament. There should be a Ministry Paper or something indicating what the recommendations are and what they are seeking to implement, so that the public can see it and discuss it before it is debated in Parliament,” Barnett argued.

INVOLVE THE ECJ

Highlighting the intricate relationship between parish and constituency boundaries, Barnett stressed the importance of involving the Electoral Commission of Jamaica (ECJ) from the outset to address potential constituency overlaps.

“It is the constituencies that make up the composition of the Parliament and this is based on dividing the parishes, so when you are realigning parish boundaries, you are at the same time realigning constituency boundaries, because it has an automatic effect on the parish,” Barnett contended, adding that legally only the ECJ has the authority to realign constituency boundaries.

Deputy Mayor Alric Campbell echoed Barnett’s sentiments, urging the Government to revisit the 2015 proposed boundary alignment, which he claims received ECJ approval after extensive consultations.

“We had done extensive consultations with the people, and the ECJ, with representatives from both political parties, had signed off on a Portmore boundary that utilised the Rio Cobre as a natural border and would not affect St Catherine East Central and Southern.”

Campbell argued that while Portmore will get more land to the west, the current proposal would result in communities like Lime Tree Grove and Lilliput falling outside Portmore’s jurisdiction, necessitating the establishment of a new municipal division in Greater St Catherine.

INCORRECT PROCEDURE

Campbell also criticised attempts used in 2015 to expedite the process through a Ministry Paper, resulting in a court ruling that deemed such actions ultra vires (done beyond one’s legal power).

“The boundary issue would have been settled then if the correct procedure, which should be the tabling of the bill in Parliament, was used,” Campbell argued.

Contrary to Morgan’s statement at the post-Cabinet press briefing, that the Portmore Municipal Corporation was engaged in coming up with the boundaries, Portmore Mayor Leon Thomas asserted that the municipal corporation was not adequately engaged in the boundary realignment discussions.

“We had responded to the Government and sought time to conduct community consultations that were ongoing and only ceased because of the local government elections,” Thomas said.

“The prime minister had also postponed further action on the matter until completion of community consultations, which we intend to restart; so the minister’s statements are simply not true,” added the mayor, underscoring the ongoing efforts to involve residents in the decision-making process.

As the debate intensifies, all eyes are on Parliament as it prepares to deliberate on the bill that could reshape the landscape of Portmore’s administrative and electoral boundaries.

Member of Parliament for St Catherine Southern Fitz Jackson, who stands to lose his political strongholds of Quarry Hill, Lime Tree Grove and Garbally if the present boundary proposal receives parliamentary approval, insisted that the People’s National Party is resolute in its stance.

“Our position remains the same. We do not countenance any move to change any boundary in Portmore without the full engagement of the residents,” Jackson stressed.

He reiterated a warning to the Government that if anything that does not have the input of the people is pushed through Parliament, immediate court action would follow.

ruddy.mathison@gleanerjm.com