New way to choose CJ

Prime Minister Patrick Manning yesterday laid in the House of Representatives a draft by former President Sir Ellis Clarke, which could change this country’s political system away from the current Westminster-styled system to one topped by a United States-styled Executive President, as head of state and head of government.

Manning said the document is open for consultation and amendment.

While at present, the chief justice is chosen by the head of state (President George Maxwell Richards) in consultation with the Prime Minister and Leader of the Opposition, the draft proposes the CJ be chosen by an Executive President (who is both head of state and head of government) after consultation with the Leader of the Opposition and the President of the Law Association, subject to the veto of Parliament by negative resolution.

In light of the current controversy over CJ Sat Sharma, the draft has a similar provision for removing a judge as currently exists, with the key difference being that it is the Executive President (not the current non-political President) who appoints a three-person tribunal to investigate and then suggests the matter be referred to the Caribbean Court of Justice (CCJ) as the coutry’s highest appellate court rather than the current Privy Council.

The draft lets the Executive President take over the role of the soon-to-be-defunct Prime Minister’s office. The Executive President will be elected by the House of Representatives, along with a Vice President, and both post-holders can be removed by a no-confidence vote by the House.

Under the heading of “Executive Powers’, a proposed section 41 defines the President as “Head of State and Commander of the Armed Forces”, while a proposed section 103 says the President and Vice-President and up to 25 Ministers including the attorney General shall constitute the Cabinet. The draft proposes a 25-person Cabinet comprised of only nine MPs, but with 16 non-elected appointees. Rather than the Westminster concept that a Prime Minister is first-among-equals, the draft proposes a Cabinet which shall merely “aid and advise the President.”

The draft suggests limiting the Executive President to two terms equivalent to “a cumulative period of ten years,” unlike the current limitless period for which a prime minister can sit at present.

The draft retains the post of Leader of the Opposition who will be formally elected by those Members of Parliament who do not support the Government.

Further, the draft stated that a person was qualified to be nominated for election as President if such a person has been elected at a general election as a member of the House of Representatives.

Another major proposal for reform in the draft Constitution was for an enlarged and essentially elected Senate, Manning disclosed.

He said the recommendation for the new Senate would comprise 49 members, with 28 of them coming from the 14 Local Government bodies. He said three of the senators would be elected by the Tobago House of Assembly and based on recommendations from their politcal parties after a general election, 18 senators would be assigned seats by the Elections and Boundaries Commission.

Another major proposal in the draft Constitution was for changes in the composition and function of the Cabinet, Manning said.

“It is proposed that the Cabinet would now aid and advise the President on the general direction and control of the government. It would comprise the President, Vice-President and up to 25 members, of whom not more than six would be appointed from the House of Representatives, and three from the Senate. The rest of the Ministers would be appointed from outside the Parliament,” Manning disclosed. He said there were other suggestions in the draft dealing with improved fundamental rights, emergency provisions, and the Integrity Commission.

However, the PM stressed, “I wish to make to make it quite clear that this document is a working paper and as such should not be considered as government policy. It is intended to join other ideas and documents as part of the ongoing national debate on this critical issue.” He called for widespread discussion and involvement by groups and individuals of the country.

Manning said government welcomed any comment on the proposals. He expressed appreciation for another draft constitution produced by the Principles of Fairness Committee, a goup of civic-minded citizens, which has already been the subject of some examination by the national community. He also thanked Clarke who was the princpal author of the 1962 Constitution for his work on this draft, which he said was done at no-cost to the State.

Urging all citizens to become thoroughly acquainted with the draft constitution, Manning said government would establish a round table discussion at Whitehall, chaired by him and involving the Attorney General and several others, including Tajmool Hosein QC and Professor Selwyn Ryan.

“This is consultation with the people,” Manning said. He said a sub-committee of the round table, led by Ryan, shall fan out into the national community, holding meetings all over the country with citizens.

He said members of the public can also send written comments to the Office of the Attorney General. Manning said after consultation, the ministerial team would prepare a new draft which, after deliberations by Cabinet, would be published as a Green Paper. This was expected to take place by the end of the year, he said. (PM Manning’s full statement on pages13A and 20A.)