A look inside the CRC’s confidential report

The following are some of the key recommendations of the Constitutional Reform Committee (CRC) in its confidential report of May 3, 2024.

Appointing the president

Nomination by prime minister after consultation with the leader of the opposition, with a view to arriving at consensus.

Confirmation by parliament in a joint sitting of both houses, where each house votes separately, by secret ballot.

Vote required to confirm is an affirmative vote of a two-thirds majority of each house.

If no consensus between the PM and the opposition leader, each empowered to make a separate nomination.

Confirmation by an absolute majority of each house.

Qualifications to be president

Jamaican citizens by birth or descent (No later than a third generation Jamaican - derived from no further than the grandparent)

Ordinarily resident in Jamaica and be permanently in Jamaica for at least 10 of the last 15 years preceding nomination.

Not be under a duty of allegiance to a foreign state or foreign power by his or her own act and not another, and not be disqualified for election to parliament

Powers

Powers now exercised by the governor general “should be exercised by the president under the reformed constitution. Jamaican privy council (group of advisers) to be renamed the president’s council, while retaining the same functions and powers.

Tenure of office

Term of office be seven years, renewable for a second term of up to five years.

Process to select a new president should commence at least one year prior to the end of the prescribed tenure of the incumbent.

Immunity

Immunity granted from lawsuit and prosecution regarding the performance of functions of the office.

During tenure no process, summons or warrant should be issued or executed against the president.

Removal from office if

Unable to perform functions whether arising from infirmity of mind, body or any other cause.

Behaves in a manner that endangers the security of the state.

Misbehaves in a manner that brings the office into disrepute.

Pledges allegiance to a foreign state or foreign power.

Process to remove

Motion with allegations tabled in joint sitting of parliament by leader of government business in House of Representatives.

If approved by secret vote of two-thirds in each house, committee established to investigate and report within six months.

If allegations proven, president removed on passing of resolution by two-thirds majority of both houses sitting together, voting separately by secret ballot.

Transition to President

A time reformed constitution takes effect, holder of office of governor general shall assume office of president on a transitional basis until the selection of president; period of three months.

Citizenship

Current references to commonwealth citizens should be removed from the Constitution and status dealt with by ordinary legislation. Jamaican citizens should be “the essential qualifying citizenship criterion for membership in the Parliament”.

Impeachment

There should be no inclusion of an impeachment process in the reform constitution.

It is dealing with what is essentially a legal matter and can easily be manipulated for partisan political purposes.

Fixed general

election dates

CRC of opinion that a precise and inflexible date may be problematic in a small country like Jamaica. Possible to introduce greater certainty as to when parliamentary elections are held, by having a fixed duration for the life of the Parliament and a limited period in which to fix the actual election date.

In event there is a consensus between the two political parties represented in the parliament, the life of the parliament should be fixed at five years with provisions for the actual election date to be set by the PM on a day within a period no exceeding three months.

Senate composition

CRC does not consider that there is any need for radical alteration its composition but agrees that some provisions should be made for the inclusion of persons who are not aligned with the government or opposition and would be able to exercise independent judgement.

CRC recommends increasing Senate membership of 21 to 27 and appointed by the president: 15 recommended by PM; nine leader of the Opposition; 3 at president’s discretion.

Retention of Constitutional Amendment Safeguard

Senate composition should retain the normal power of the majority party to obtain the passage of a measure by a simple or absolute majority as well as the restriction on the passage of entrenched constitutional measures without the support of at least one opposition senator.

Jamaicanisation of Constitution

Repealing and replacing the present imperial instrument with a Jamaican instrument made by the Jamaican parliament and approved by the people of Jamaica.

Insertion of a preamble to inspire national pride and unity. Eight preambles proposed.

Insertion of national emblems and symbols: flag, anthem, pledge, motto, prayer, song, tree, flower, fruit, bird and coat of arms (appropriateness of its current form to be assessed).

Provisions in constitution to be referred to as ‘articles’ and not ‘sections’.