NEGRIL, Hanover — Minister of Legal and Constitutional Affairs Marlene Malahoo Forte says she intends to provide an update on the work done by the Constitutional Reform Committee (CRC) as soon as Parliament resumes sitting.
“By the time the Parliament resumes from recess I will be making a ministerial statement to give an indication of how many meetings we have had, how many submissions we have received. We’re doing a summary of the issues that have been raised and we will put them fully to the people and also ask whether [there are] any other issues they would wish to be considered, bearing in mind that the work has been done in phases,” the minister said.
“Phase one of the work is the amendment of the constitution to deal with the deeply entrenched provisions around the monarchy. After that, we will move to get a Bill in Parliament, have the Bill passed, and prepare for a referendum,” she added.
Since the naming of the 15-member CRC that has been tasked with providing expert guidance and oversight for Jamaica’s smooth transition from a constitutional monarchy to a republic, the committee has been dogged by controversy and criticism. On August 11 a seemingly frustrated CRC member, Dr Nadeen Spence accused civil society bodies of trying to bully members of the committee into accepting their recommendations for constitutional reform. She made the accusations while speaking on Nationwide News Network. Since then members of Jamaicans for Justice and National Integrity Action (NIA) have hit back, claiming that all they have done is advocate for more transparency in the CRC’s work.
From comments made while speaking last Saturday during a Rotary Club of Negril event, Malahoo Forte seems to be indicating this will be on the cards when Parliament returns from its summer hiatus.
Meanwhile, she pointed to the rampant spread of misinformation and urged Jamaicans to pay special attention to the source of any material being presented on constitutional reform.
“Not everything that is said in the press or the other public spaces is accurate. We are in an age where misinformation spreads like wildfire and, as they say, goes viral. Things that are often repeated [eventually appear to] become true — not because they are [in fact true],” she said.
Asked by journalists to clarify the point made, she said she was not telling the public to distrust the media.
“Not at all. Remember that there are many voices that present themselves as news, and the truth is that not everyone takes the time to be accurate in their reporting. It is a caution to be careful whose report you rely on — in the same way that when you go out to get sources you want to ensure that your sources are credible, and that when you report, you report with credibility and integrity,” Malahoo Forte told journalists.
She also responded to requests for a comment on the NIA’s decision to reject an invitation from permanent secretary in the Legal Affairs Ministry, Wayne Robertson to make submissions to the CRC. The minister appealed to anyone who has been invited to participate to take up the offer.
“It would be well worth your while to come and to make the presentation because you can’t tell me that you’re serious about participating in a process and when you have an opportunity to do so, you decline,” argued Malahoo Forte.
She also fielded a question on whether the Government’s postponement of the local government elections is unconstitutional.
“I think that a case out of Trinidad has provided some interesting points of law to consider on the postponement of elections, and I certainly know that all of us have looked at it and we get guidance on the matters,” stated Malahoo Forte.
“Parliament is given the power to pass laws. When Parliament exercises its power to pass laws, Parliament is not breaking the law. The manner in which laws are passed can be reviewed for compliance with the constitution but, other than that, it is the role of Parliament to pass laws for peace, order and good government,” she added.
Last held in 2016, local government elections have been postponed three times and are next constitutionally due by February 2024. The Government cited health concerns linked to the COVID-19 pandemic as the reason for the first delay, and the pandemic’s impact on the country’s economic strength for the second. The PNP and other sections of society have questioned both those reasons, citing the holding of a general election during the pandemic and the Government’s own glowing report on how well the county has done post-pandemic.
