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Stabroek News

Gov't agrees to bi-partisan talks on CCJ
published: Wednesday | February 9, 2005

By Robert Hart, Parliamentary Reporter


Prime Minister P.J. Patterson responds to the United Kingdom-based Privy Council's ruling on the Caribbean Court of Justice in Parliament yesterday.

PRIME MINISTER P.J. Patterson yesterday agreed to bi-partisan talks with the Opposition Jamaica Labour Party (JLP) to chart a way forward in establishing a Caribbean court to replace the Privy Council.

"We take note that the Opposition has declared that they are prepared to enter into dialogue on the matter and we certainly welcome that declaration," the prime minister told Parliament.

He said he would be asking Opposition Leader Dr. Ken Baugh to name a team to discuss the matter fully with a government team.

Mr. Patterson, however, noted that a decision has been taken to go ahead with the Caribbean Court of Justice (CCJ), in its original jurisdiction as a trade dispute court.

The CARICOM Heads of Government are to meet in Suriname next week, at which time a proposed April start-up and several related issues will be discussed.

CCJ UNCONSTITUTIONAL

The prime minister was commenting on last week's ruling by the United Kingdom-based Privy Council that the process adopted by the government to establish the CCJ as the nation's final appellate court last year was unconstitutional.

Among the issues that will have to be considered next week is that CARICOM member-states had ratified the agreement establishing the CCJ and are obliged to meet their obligations to the Caribbean Development Bank (CDB).

The Jamaican government is responsible for repaying about 25 per cent of a US$100 million loan to fund the court. This was secured through the CDB.

And while briefly outlining the Privy Council's ruling, Mr. Patterson stressed that the government had been judged legally capable of abolishing appeals to the Privy Council, though wrong in attempting to establish an un-entrenched final appeals court.

The prime minister said, however, that it was not his place to criticise or question the views of the law lords.

"So long as (the Privy Council) remains our final court this government will abide by its rulings," he declared.

But Mr. Patterson minced no words in suggesting that the Opposition was responsible for the failure to reach consensus on the CCJ and other constitutional matters at an earlier stage.

"Lest we forget, I have made several efforts to have discussions initiated and continued on this and several other issues," the prime minister said.

He cited the long-awaited constitutional amendments to establish a charter of rights and freedoms, as well as a definitive position on the death penalty, as key issues that have gone unresolved because of the failure of the Opposition to work with the government.

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