CCJ Bill in House on Monday

THE HOUSE of Representatives will on Monday at 1.30 pm debate the Caribbean Court of Justice Bill 2004, which gives effect in Trinidad and Tobago to TT’s treaty obligations to recognise the new Caribbean Court as the region’s highest appellate court and as a court to rule on matters arising from the Caricom Treaty. Notes to the Bill explained: “Under its original jurisdiction, the Caribbean Court of Justice (“the Court”) would be empowered to interpret and apply the Revised Treaty of Chaguaramas including the Caricom Single Market and Economy. In its appellate jurisdiction the Court would replace the Judicial Committee of the Privy Council as the final court of appeal for Trinidad and Tobago.”

However this Bill and an accompanying Constitution (Amendment)(Number 2) Bill 2004 will amend our National Constitution whose Section 109 has  up to now empowered the British-based Privy Council to be our highest court of appeal. While the CCJ Bill needs just a simple majority in each House of Parliament, the Constitution (Amendment) Bill will require a special majority in each House because it provides for the jurisdiction of the CCJ and for the replacement of the Privy Council. 

The  (Amendment) Bill requires a three-fourths of the Members of the House of Representatives, and two thirds of the members in the Senate. But Leader of the Opposition, Basdeo Panday, has vowed not to support the CCJ Bill without a broader discussion of constitutional reform. And some commentators fear the CCJ is being set up as a “hanging court” to bypass the reluctance of the Privy Council to enforce the death penalty in Commonwealth territories.  So Monday’s sitting is likely to be keen. On Tuesday, the Senate will sit at 1.30 pm and will debate legislation to enact free trade agreements between Caricom and respectively the Dominican Republic and Costa Rica.