IN THE wake of yesterday's landmark Privy Council ruling on the constitutionality of the Caribbean Court of Justice (CCJ), the Jamaica Labour Party (JLP) is inviting the government to meet with them to discuss the way forward."We are prepared to enter into discussions with the government on an approach to the question of a final court to replace the Privy Council," Senator Bruce Golding, JLP chairman, told journalists during a press conference at the party's Belmont Road, St. Andrew, headquarters yesterday.
"We would be prepared to enter into those discussions to establish such a court in a manner to ensure that the rights of the Jamaican people are not only preserved but enhanced," Mr. Golding said.
MAINTAIN QUALITY OF JURISPRUDENCE
He added that such a court should ensure that the quality of jurisprudence is not inferior to what is now available to the country from the Privy Council, and that it should be established in a manner that would ensure that it is "completely insulated from political influence, including indirect political influence."
However, the JLP chairman also vowed that the Opposition would not be willing to enter into those discussions without a commitment that, before the court comes into being, the approval of the Jamaican people would be sought through a referendum. Senator Golding said too that, prior to seeking the approval of the Jamaican people, the Opposition would also want to enter into consultations with other Caribbean governments and Opposition parties.
The JLP chairman acknow-ledged the leading role played by former Opposition Leader Edward Seaga who "championed the cause in and out of Parliament."
Senator Golding also hailed the legal team including Dr. Lloyd Barnett, R.N. Henriques, Richard Small, and David Batts, who argued the case before the United Kingdom-based court.
Yesterday Dr. Barnett told The Gleaner that the Privy Council ruling "has reaffirmed an important principle" of justice.
PROPER PROCEDURE
Dr. Barnett also pointed out that, on the invitation of the Privy Council, he had recommended that the proper procedure for establishing the court would require entrenchment through a two-thirds majority vote from all members in both Houses of Parliament.
On the other hand, he said, the government side, in its own statement to the Privy Council, suggested that entrenching the CCJ, would require a referendum.
The Privy Council had requested that both sides submit recommendations for alternate procedures if the ruling went in favour of the appellants.
Yesterday, government Senator Professor Trevor Munroe said the government needs to renew discussion with civil society and the Opposition.
"The discussion has to be aimed at coming to a mutually acceptable position on the CCJ, as the final court of appeal," he said.
