Dionne Rose, Parliamentary Reporter

Left: Chuck ... waiting on Senator Nicholson to provide a process in which the public can vote on the issue (CCJ) in a national referendum. - Rudolph Brown/Chief Photographer   Right: Nicholson ... Still awaiting the Opposition's formal official approval. - Ian Allen/Staff Photographer

Opposition Spokesman on Justice, Delroy Chuck, has denied that the Opposition was at fault in holding up legislation, which would establish the Caribbean Court of Justice as Jamaica's final court of appeal.

Mr. Chuck was responding to statements made in the Senate on Friday by Leader of Government Business, Senator A. J. Nicholson, who accused the Opposition of dragging its feet in signing off on the proposed legislation.

Senator Nicholson said the proposal was for amendments to be made to the constitution through two bills. The first bill, he said would amend section 110 of the constitution to substitute the CCJ for the Judicial Committee of the Privy Council as the country's final appellate court.

Awaiting JLP's approval

The second, he said, would amend section 49 of the constitution so as to make section 110 an entrenched section. This latter amendment, he said, was a deeply entrenched clause that would require ratification by the electorate before it could become law.

"As a result of those discussions, we had arrived at that position, in principle, from as far back as January of this year," he told the Senate. "Since then, I have presented the requested draft of the proposed legislation to the Opposition team and we are still awaiting their (the Opposition) formal official approval."

He said this delay was having a severe impact on many Jamaicans who now have to apply for a visa to enter the United Kingdom, to access the Privy Council, where it sits.

An intolerable situation

"It is clear that the government of a sovereign country must have the authority to guarantee to its citizens the enjoyment of the rights that are enshrined in the provisions of their constitution," he said. "In this case, access to their courts in the prosecution of the legal matters. This is clearly an intolerable situation."

But yesterday, Mr. Chuck said the Opposition was waiting on Senator Nicholson to provide a process in which the public can vote on the issue (CCJ) in a national referendum.

"When we last met, he was to provide us with the process," Mr. Chuck told The Gleaner. "Until now, he has not come forward neither has he written me."

Last year, the CCJ was formally inaugurated and began operations. But while Jamaica has passed legislation to allow for the original jurisdiction of the Court, the Government needs a two-thirds majority of both Houses to make it the final court of appeal.

The CCJ currently serves as the final court for only Barbados and Guyana.