Martin Henry I AM writing in the dark about The Morning After. The last time I made anticipatory comments about the outcome of an election the American presidential the count dragged on for weeks. Actually my ideal results for our general election is close to the American results of 2000, but with a twist. A PNP/JLP dead heat, with minor parties picking up a few seats to become the real power brokers. In your dreams, Martin Henry, in your wildest dreams! But just suppose!
Interesting and exciting possibilities for a new political order would open up. The risks of a no-party majority in Parliament are less than the potential benefits. I could not agree with the stellar constitutional lawyers who issued that eleventh-hour call for Mr. Patterson and Mr. Seaga, the leaders of the two major political parties, to meet before the elections to decide on a course of action should the election results be evenly divided. That's not the business of party leaders outside of Parliament. The Constitution neither recognises them nor their parties. And the Government of Jamaica is in no crisis whatsoever from a hung Parliament along party lines.
In the first instance, there never is a constitutional moment when there is a power vacuum in the Government of Jamaica. Someone is always lawfully in charge of the affairs of state. Much as many may dislike it, the constitutional provision is that "the executive authority of Jamaica is vested in Her Majesty" and "--the executive authority of Jamaica may be exercised on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him." Section 68 (1), (2).
"Whenever the Governor-General has occasion to appoint a Prime Minister he, acting in his discretion, shall appoint the member of the House of Representatives who, in his judgment, is best able to command the confidence of a majority of the members of that House--." Any of the 60 duly elected MPs can go off to Kings House today and seek to persuade Sir Howard that they have the confidence of the majority of the members of the Lower House and should be named Prime Minister and be allowed to form a Government.
In the meantime, the country is not without a Prime Minister. For unless he resigns or the Governor-General revokes his appointment for one of the reasons provided by the Constitution, an incumbent Prime Minister "after any dissolution of Parliament" remains Prime Minister until the very moment that "the Prime Minister is informed by the Governor-General, acting in his discretion, that the Governor-General is about to re-appoint him as Prime Minister or appoint another person as Prime Minister".-Section 71
And the Constitution is not done yet with securing the stability of the Government of Jamaica and the state. Should any occasion arise "for making an appointment while Parliament is dissolved, a person who was a member of the House of Representatives immediately before the dissolution may be appointed Prime Minister."
What would be really brilliant The Morning After is if a mere handful of minor parties MPs could control the horse trading for Prime Minister, weakening the power of the dominant parties, with even one of the minors becoming the best compromise candidate. The deeply desirable situation of a Government of real and reasonable compromise would be a reality.
Contrary to our political history, the country does not need, nor does the Constitution provide for a strongman (person) Prime Minister. "The Cabinet shall be the principal instrument of policy and shall be charged with the general direction and control of the Government of Jamaica and shall be collectively responsible therefor to Parliament." 69 (2). And Parliament is charged with making "laws for the peace, order and good government of Jamaica" 48(1). That's it! Parliamentarians really have no other constitutional duties. But one would never believe. The strongman Prime Minister is a product of our political history including the huge parliamentary majorities we have voted, the supremacy of the political party and of politics in national life, and of the wimp factor in Cabinet and Parliament of which Karl Samuda spoke so eloquently after one of his switches. None of these factors are particularly amenable to being fixed by constitutional change. We will exchange strongman Prime Minister for strongman President. The shift of political culture that a hung Parliament with a handful of non-traditional power-brokers could force through is just so tantalising.
Whoever will be appointed Prime Minister will need to put together a Government of national unity, if he/she is going to make a real difference over the next five years in building the future prospects of Jamaica, land we love, and reversing the failures of our 40 years of independence.
The leaders of the two major political parties have both, in the past, nominated independent senators and have expressed commitment to the practice. It is time to bring a couple of these eminent persons into the Cabinet from the Senate; if the practice of Cabinet posts as rewards for party service will allow it.
Michael Manley experimented with wise persons advisers to himself as Prime Minister but ultimately made poor use of them. Is there not a case for advisory committees to Ministers, committees made up of parliamentary backbenchers, senators, the Permanent Secretary, and a couple of wise experts from civil society? The fortress democracy with troops and hired helicopters and observers, which was tested yesterday and which so many are thoughtlessly proud of, is an index of our degeneration from democratic ideals. It should deeply worry a Prime Minister and the Government elected by these means.
On the eve of the elections, the Chairman of the EAC declared that the Representation of the People Act would be enforced. The Police Commissioner unveiled a 20-point security plan. And the Minister of National Security assured the nation that Election Day would be safe and secure because of a long list of steps taken. Evaluation The Morning After will tell us how well these efforts have gone.
I have always held that enforcing existing laws is sufficient for peaceful free and fair elections. Enforcing existing laws can create a safe, peaceful and productive Jamaica. A multiplication of new laws while neglecting old laws is a sure sign of a failure of governance and a drift towards totalitarianism by law. Does the new Government have any more urgently important task than maintaining law and order and upholding the Constitution in defence of freedoms and rights?
Martin Henry is a communications consultant.
