ARBITER OF SENSITIVE SITUATIONS

These reserve powers of the Crown are essential to the establishment of a just system of governance by providing an open channel of appeal to the highest judicial authority for individuals and for hearings to be held on matters of great importance if the government will not proceed.

The Constitution makes further provision for the role of the Governor-General as arbiter in sensitive situations. As currently set out in the Constitution, this role is largely symbolic. Hence, while the GG makes the appointments of members to select national committees of critical importance - such as the Judicial Services Commission, the Public Services Commission, and the Police Services Commission ­ the selection of appointees is made by way of recommendations by the Prime Minister, despite objections by the Leader of the Opposition. These often result in politically-loaded committees in the above and other committees which have responsibility for politically-sensitive areas of national life in which there is a need to safeguard against political bias.

In the programme of constitutional reforms which have been in progress for more than the past dozen years, amendments have been proposed and agreed by both political sides to require agreement between the Prime Minister and the Leader of the Opposition on all appointments to a select list of such sensitive bodies. In the absence of such agreement, the Governor-General, in his discretion, would be empowered to take the decision. Although not yet constitutionally enacted, this amendment has been in practice as a result of an agreement reached between Prime Minister P.J. Patterson and myself at the last Vale Royal meeting between Government and Opposition which I attended in 2004.

MAINTENANCE OF GOOD GOVERNANCE

This arrangement was taken one step further in the case of the Electoral Advisory Committee (EAC) where it was agreed that the Governor-General in his discretion would appoint the three Independent Members of the EAC, further isolating this critically sensitive area from political bias.

These examples illustrate the critical importance of the role of the Governor-General in maintaining a balance between contending political forces in the maintenance of good governance.

The importance of a Governor-General to the good governance of the society is to ensure that political influence does not upset the balance of power in vital areas where the necessity exists. This does not mean that a Governor-General must be selected from a 'non-political background' in order to perform his role in a manner consistent with the Constitution. It is possible that a rare political figure may do just as well. Sir Florizel Glasspole came closest to this ideal.

Writing from a position of 45 years of political involvement, I can speak to the danger of the threat to the democratic functioning of government which is caused by the occurrence of political conflict arising out of real or perceived distortions of the political balance of power. This is one of the principal sources of victimisation and discrimination which endangers the effectiveness of the system. Political bias engenders lack of trust between opposing political interests which heightens the necessity for political responses, killing the hopes of many possibilities for achievements purely in the national interests.

EQUAL GROUND WITH A PRIME MINISTER

To my mind, a Governor-General who dispenses his constitutional role for just governance of the society stands on equal ground with a Prime Minister who has the awesome responsibility for the executive governance of the nation. Both are essential to the good order and functioning of an effective democracy.

A Governor-General who fails in this respect leaves the door open for poor governance, of which there has been so much already to the detriment of the nation. So too does a Governor-General who attempts to go beyond his limited but vital constitutional power.

When the position of Prime Minister became vacant in 1967 on the passing of Sir Donald Sangster who became Prime Minister of Jamaica only a few weeks before his death, Sir Clifford Campbell, then Governor-General, moved to exercise his interpretation of his constitutional power to appoint a new Prime Minister who, in his view, would command the support of the majority of Members of Parliament on the government side. He invited each Member of Parliament to King's House where he had private talks separately with each MP regarding appointment of a new Member of Parliament. I was the last Member of Parliament to be seen by him. I was not asked for my view. I was given the impression that the majority of other members supported Robert Lightbourne. Accordingly, he advised me that he intended to appoint Lightbourne. Since I knew that this was very far from the true feelings of the Members of Parliament, I told the Governor-General that I did not agree with that appointment and would oppose it.

NEVER TAKING SIDES

I immediately advised D.C. Tavares who I knew was an aspirant for the post of Prime Minister. Tavares advised the press. The story broke in The Star newspaper the next morning. The reaction by Members of Parliament put an end to the intention of Governor-General Sir Clifford Campbell to exceed his authority. JLP Members of Parliament then took a vote among themselves which was won by Hugh Shearer, on the second ballot, by one vote over Tavares, Lightbourne with three votes on the first ballot, having been displaced. The Governor-General was then advised of the outcome and he proceeded to exercise his authority to select and appoint Hugh Shearer, as provided in the Constitution.

It is critically important to the role of the Governor-General that all actions must be within the realm of his powers and must not at anytime appear to take sides politically by any action or statement which could be so interpreted.

Pronouncements by the new Governor-General that he intends to take a special interest in matters of youth and education, and without so saying, undoubtedly in matters of CARICOM which is dear to his heart, would have to be very delicately handled in order to avoid seemingly taking positions which could appear to be siding with one side or the other on any controversial issue. These interventions could destroy the constitutional balance crafted for the role of the Governor-General. I know that a learned man like Professor Ken Hall will find it difficult to avoid interjections of his own erudite views, but delicacy and diplomacy are part of the life of a Governor-General.

Nothing prevents him from conferring in private with the Prime Minister on his own views. I had regular monthly meetings with Sir Florizel Glasspole and found them most useful. The new Prime Minister of Jamaica would do well to work in tandem in this manner with the new Governor-General.

I wish Professor Kenneth Hall well in his new and august position and, as I have said to him in private, I am available to him at anytime to advise him from my background of experience on matters which may present a pitfall in carrying out his duties.