THE EDITOR Sir:THERE ARE differing opinions as to whether a new provision can be entrenched in the Constitution without a referendum. This turns on the question of whether a new provision can be entrenched without amending Section 49 to include it. Section 49, which sets out the method for amending the Constitution, is deeply entrenched and can only be amended by a referendum.
It may be useful to quote the late Right Excellent Norman Manley who, more than any other, was responsible for drafting the Constitution. Speaking in the House of Representatives on January 23, 1962 in the debate on the report of the joint parliamentary committee which drafted the Constitution, this is what he said:
"It may be asked what happens if you wanted to amend the Constitution by putting in something and entrenching it. The answer is that to put in anything and entrench it will require amendment of the Clause itself which entrenches; and so to amend the Clause by putting that in you would have to follow the procedure which would have to be followed if you wanted to take out anything entrenched. You can only entrench a thing by the same procedure by which you can remove an entrenched Clause because to put in a new thing and entrench it is an amendment of the entrenching Clause itself. That is how the matter stands."
Whatever may be the validity of contrary views, the intention of Mr. Manley who was the chairman of the drafting committee, is unambiguous.
I am, etc.,
BRUCE GOLDING
Chairman, Jamaica Labour Party
