Gov't not signing Carib Court agreement in July

To consider comments from the Council of the Bar Association of Jamaica

THE JAMAICAN Government will not be signing the agreement to set up the Caribbean Court of Justice (CCJ) when Heads of Government of the Caribbean Community (CARICOM) meet in St. Vincent in July.

This, according to Attorney-General, A.J. Nicholson, is to give the Government time to "consider comments on the CCJ from the Council of the Bar Association of Jamaica".

Mr. Nicholson was quoted by the government's news agency JAMPRESS as saying he had no intention of "signing off" on the proposed court until he was satisfied that "funding was in place in perpetuity". He said the independence of the judiciary must also be fully secured.

The Bar Association argued last month that Parliament did not have the power under the Constitution to establish the CCJ as the country's final appeal court without consulting the people by way of a referendum. President of the Bar, Derek Jones, told Parliament's Internal and External Affairs Committee that the present Constitution does not allow Parliament to establish a court that can reverse the decisions of the local Court of Appeal.

However, former Attorney-General and Minister of Legal Affairs, David Coore, countered saying there was no need for a referendum to decide whether the country should replace the Judicial Committee of the Privy Council with the proposed CCJ as the island's final court of appeal.

Mr. Coore, who also appeared before the Internal and External Affairs Committee, said it would not be a good idea to use a referendum to decide the issue, even as a means of quelling the controversy that it has created. He argued that putting the matter to the people would result in it being politicised.

For his part, Mr. Nicholson has expressed concern that if a referendum was called to decide on withdrawing from the United Kingdom Privy Council, "people might vote in favour of withdrawal because they supported capital punishment". "This I believe would be quite irresponsible," he said, adding that the issue is far too important (for us) to be opportunistic about it".

His statement that the local justice system would have to be improved if the regional court was to operate effectively, is an indication that the ruling People's National Party was listening to the debate generated by the proposed court.

He said the Government was willing to take on board meaningful criticisms and suggestions emanating from the public and encouraged other groups and individuals to make submissions.

Mr. Nicholson noted that the submission which addresses the appointment of judges to the CCJ, among other things, would be studied in Jamaica by the Legal Affairs Committee of CARICOM during the month of June.

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