The Editor, Sir:

It is my opinion that there should be a convention applying to all our political parties or a provision in their rules or constitutions that anyone appointed Attorney-General by a party which forms the Government cannot be the legal adviser to such party even if that position is merely honorary, symbolic or emeritus.

I do not know whether the attorneys-general in past administrations, or any of them, have been their parties' legal advisers.

The present one, Senator A.J. Nicholson, is and his attendance and utterances at a press conference on the Trafigura imbroglio have received much publicity, evoked a fair amount of public comment and, on his own admission, caused him great embarrassment.

Wider issues

There are wider issues involved.

The attorney-general, whoever that person might be, is the chief law officer and legal adviser of the Government. He is by tradition regarded as the leader of the bar and as such is expected to be the exemplar of things, of the best professional practices.

When he also holds the position of Minister of Justice, he has portfolio responsibility for the courts and the judiciary and is obliged to exercise very important quasi-judicial functions under the Extradition Act.

So highly is the position regarded that on at least two occasions since Independence holders of that position have been appointed presidents of the Court of Appeal. He is not only a potential president, but depending upon the 'nick' of the political dice, could be a president-in-waiting.

The attorney-general occupies a highly sensitive position. He is frequently a practising politician, he is a member of the executive and legislature, he is close to the judiciary (which is quite independent in the performance of its functions) and before which he appears in his representative capacity.

He advises the Government on all manner of things. He should, ideally, in his professional capacity, remain above the political fray and avoid situations which compromise his integrity or that of his office.

Set an example

Regardless of how deftly the attorney-general operates, it appears that the opportunities for conflicts of interests between his duty to the Government and people of Jamaica and that his party are legion. He cannot serve two masters.

As I write this, I have received news that The Opposition has called for the resignation of Attorney-General A.J. Nicholson over the Trafigura affair. If he does not resign, then I invite him to resign as his party's legal adviser and set an example worthy of emulation.

I am, etc.,

BERESFORD HAY

P.O. Box 1191