‘I am not for that’
Patterson sees no justification for future two-year extensions of Parliament as suggested in CRC report
The Constitutional Reform Committee’s (CRC) recommendation to extend the life of Parliament for two years in certain circumstances has drawn opposition from former Prime Minister PJ Patterson.
Patterson, the guest speaker at Wednesday’s University of the West Indies Faculty of Law discussion on the Jamaican constitution, stopped short of calling for the wholesale rejection of the proposal.
“I am not for that. If can have a general election in the middle of a pandemic, I don’t see any reason why there should be an exemption that could permit the life of the legislature and a denial of the people of the right to choose for two years in those circumstances,” said Patterson during the discussion attended by former Prime Minister Bruce Golding, Cabinet minister and co-chair of the CRC Marlene Malahoo Forte, and Attorney General Dr Derrick McKoy.
Against heightened concerns and opposition in some quarters, Prime Minister Andrew Holness announced a general election in September 2020 at the peak of the coronavirus pandemic which killed scores of Jamaicans and thousands of people globally.
In its 90-page report submitted to Cabinet for review, the CRC said it considered that the ground on which the life of Parliament may be extended is limited to Jamaica being at war.
However, the committee said it recognised that other circumstances could arise at a critical point in the life of the Parliament that may prevent its resumption and make the holding of general elections impracticable.
As a result, it wants the provisions of section 64(3) of the Jamaican Constitution to be expanded to include disasters created by or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, infectious disease or other calamity, whether similar to the foregoing or not.
Further, it has proposed that this extension be limited to periods not exceeding six months at a time for a maximum extension of two years.
“Furthermore, where the circumstances persist, the first extension is to be approved by a simple majority vote in the House of Representatives and any extension thereafter must be by a two-thirds majority vote respectively in both Houses of the Parliament,” the CRC report said.
NO NEED FOR RADICAL ALTERATION
The committee also said it took note of the recommendation of the Joint Select Committee on Constitutional and Electoral Reform, formed years ago, to increase the membership of the Senate.
The CRC said there was no need for radical alteration of the Senate’s composition but agreed that provisions should be made to include people not aligned to government or opposition parties.
It recommended that the size of the Senate move from its current 21-member make-up to 27 — 15 government, nine opposition and three from the president.
The latter are to be drawn from among “outstanding persons in the private sector, civil society, faith-based or community-based organisations or other sectors of society as the president considers necessary”.
However Patterson has expressed concern, noting that the categories for the three being selected by the president must be specific.
“They would have to provide for the people within that category to do that selection and not vest it in the head of state. If you vest it in the head of state you are having then an interference by the head of state in the legislative process and that you cannot afford,” Patterson warned.
“If you are going that route consider very carefully whether the representatives of the diaspora should not have some role or some voice,” he added.
At the same time, he said if this is considered thought must be given to how it will be done given that the group takes an oath of allegiance which makes it inconsistent to serve simultaneously in Parliament.
GREAT ALARM
On a separate matter, Patterson said the proposal of a two-tiered system of the election of a president fills him with great alarm.
“It is absolutely unacceptable. It must be vehemently resisted and would totally destroy the purpose and intent and legitimacy of a head of state,” Patterson asserted.
The CRC has proposed that the president’s selection be done through a two-stage process of nomination and confirmation.
It said nomination is to be done by the prime minister, after consultation with the opposition leader to arrive at consensus.
EXCEPTION ON VOTING PROCESS
Confirmation is to be done by the Parliament, in a joint sitting of both Houses, where each House votes separately by secret ballot.
The vote required to confirm the nominee is an affirmative vote of a two-thirds majority of each House.
The CRC said as an exception, where there is no consensus between the prime minister and opposition leader, each should be empowered to make a separate nomination for confirmation by the Parliament in a joint sitting of both Houses where each House votes separately by secret ballot.
But instead of an affirmative vote of two-thirds, the successful nominee would, in this case, be confirmed on the vote of the absolute majority of each House.
The committee said this exception, which allows for separate nominations and confirmation without a supermajority vote, takes into account political realities in Jamaica’s democratic system of governance.
“While it makes an important concession, it also provides a solution, through the application of the majority rule, to a problem where gridlock exists,” the report said.
Pointing to Barbados, which transitioned to a republic in 2021, Patterson said the prime minister and Opposition leader select the president.
“If you put that position in you will not only get two-thirds, you will get unanimity. If you don’t put that in and the first nomination fails to get two-thirds, you must treat it like a papal consistory. That is to say lock them up and don’t let them out until you have got a nomination; then you can get the smoke out of the chimney,” he said to rousing applause.