By Robert Hart, Staff ReporterTHE GOVERNMENT has announced that the debate on the controversial Caribbean Court of Justice (CCJ) will start in a matter of days, despite court action filed by the Opposition Jamaica Labour Party (JLP) last week.
Speaking shortly after yesterday's post-Cabinet press briefing at Jamaica House, Information Minister Senator Burchell Whiteman told The Gleaner that the motion filed in the Supreme Court would not prevent the Government from starting the debate on the three Bills tabled in the Senate last December.
"The debate starts Friday. They (the Opposition) are being informed as we speak," said the Information Minister.
The revelation from Minister Whiteman, who is also Leader of Government Business in the Senate, came just hours after a JLP press conference at which the CCJ was one of the topics discussed.
"The action filed states that such Bills are in conflict with our constitutional provisions," JLP Senator Dorothy Lightbourne said during yesterday's briefing at the party's Belmont Road Headquarters. The JLP is seeking a court declaration in agreement.
NO SECURE TENURE FOR JUDGES
Senator Lightbourne told journalists that if the relevant legislation was passed as is there would be no security of tenure for the court's judges. She said there would, therefore, be a danger of judges' rulings being corrupted.
Senator Lightbourne also said the CCJ would not have the same constitutional status as the Supreme Court; and will be easy to remove and replace, with another final court of appeal, because it is being established through ordinary legislation.
The JLP's court action, filed by the legal firm Dabdoub, Dabdoub and Company, is set for hearing on February 26, two weeks after the Government plans to start the debate. During the JLP briefing, Opposition Leader Edward Seaga said that he did not expect the Government to start the debate until after the matter had been heard.
"It would obviously be prejudicial to the matter that is before the court," he said.
The Opposition Leader also reiterated that he would have preferred to see the Court established as a court of appeal below the final court of appeal. It should operate as such for 10 years to allow proper examination of its efficiency before considering it as a final court, he added.
On December 12, Senator A.J. Nicholson, the Attorney-General and Minister of Justice, tabled the three companion Bills related to the establishment of the CCJ in the Senate. They are: The Caribbean Court of Justice Act; An Act to Amend the Judicature (Appellate Jurisdiction) Act; and An Act to Amend the Constitution of Jamaica to provide for abolition of Appeals to Her Majesty in Council, to make provisions for appeals to the Caribbean Court of Justice.
At the same time, the Justice Minister indicated that the Government was willing to accept the continuation of the right of special leave to appeal to the Privy Council for a finite period, to be defined in discussions with the Opposition.
