Munroe
Garwin Davis, Assistant News Editor
IN A move that seemed to surprise some of his colleagues, Government Senator Professor Trevor Munroe said Friday that a referendum should decide whether the proposed Caribbean Court of Justice (CCJ) should become the country's final court of appeal.
However, when the debate ended in the Senate Friday night, a motion was passed which paved the way for the implementation of the CCJ. Eleven Government senators, including Professor Munroe, voted in favour of the motion while six Opposition Senators voted against it. Opposition Senator Bruce Golding abstained.
Professor Munroe said: "In November-December 2000 when this matter came before the Senate, I argued that the best practice in modern democratic governance recommends a referendum in circumstances where, even when not required by the Constitution, the issue relates to:
Changing the structure of a fundamental branch of the state;
An important and contentious moral question;
An important matter on which the political parties and citizenry are divided.
"I believe then and I believe now even after the most careful review of the opposing argument that the question of delinking from the Privy Council and going into the CCJ qualifies as an issue in which 'best practice' would recommend an indicative referendum. To this extent, I disagreed with the Government then, and I disagree now."
SIMILAR COMMENTS
There was mostly silence from the Government bench and tumultuous applause from the Opposition side, to his comments.
The Senate was debating a motion on whether the CCJ should replace the British-based Privy Council as the country's final appellate court.
Dr. Munroe, then an Independent Senator, had made similar comments three years ago. And according to Jamaica La-bour Party (JLP) Senator Dwight Nelson, "We on the Opposition side were anxiously waiting to see whether his position would change now that he is a Government Senator. Bruce Golding made sure he reminded him of his position on the issue three years ago."
And turning to face some of his still visibly stunned colleagues, Professor Munroe said, "Respectful disagreement, even criticism, is allowed on this side... otherwise... some of us would not be here." To that, the Government bench applauded loudly. And pointing to Mr. Golding, Professor Munroe said, "To be fair, it's allowed on that side as well. Otherwise, my good friend and former student would not be there. This can only be described as a maturing of Jamaica's politics."
Professor Munroe was, however, quick to point out that he fully supports the idea of the CCJ.
"While I regret that my preferred course is not being adopted, I have been convinced, and am even more so now, that the setting up of the CCJ is in our national interest," he said. "As with the change of the parliamentary oath, I do not believe we should further delay that which is good on grounds that it is not being done in a manner that is perfect... With regret that we have not won the Government to the indicative referendum, I have to give my support to the motion."
