Going with Caribbean Court
Editorial
Guyana Chronicle
June 15, 2003

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THIS WEEK, while Britain's Tony Blair is facing mounting political criticisms over his plans to overhaul the Judicial Committee of the Privy Council, Attorneys General and Ministers of Legal Affairs would be meeting in Port-of-Spain to advance legal arrangements to operationalise the much debated Caribbean Court of Justice (CCJ).

The proposed restructured Privy Council, still the appellate court of last resort for all Caribbean Community states, other than Guyana, would have the ultimate effect of diminished access to this court in London by former British colonies that still rely on its jurisdiction.

It seems yet another good reason why CARICOM countries should press ahead with arrangements to have in place the CCJ, both as a court of original jurisdiction on matters pertaining to the Caribbean Single Market and Economy (CSME) as well as their final appellate institution.

Current plans by Prime Minister Blair include abolishing the dominant influence of the Lord Chancellor who sits as a cabinet minister, also selects judges for the Judicial Committee of the Privy Council and oversees the functioning of the law courts.

The lawmakers in the United Kingdom are doing what they think to be best for the independence of the judiciary and the administration of justice in their nation. The lively debate sparked by Prime Minister Blair's announcement last week, has clearly just begun and will be closely monitored in the Caribbean Community.

Caribbean lawmakers have the responsibility to cut out the emotional debates over retention of access to the Privy Council in London - as some opposition parties and national bar associations favour - and get on with the task on hand to complete arrangements for the inauguration of the Caribbean Court of Justice.

The parliamentary opposition parties in Trinidad and Tobago and Jamaica have been quite strident against replacing the Privy Council at this time with the CCJ.

It is to be wondered whether they are waiting for London to shut the door on access to the Privy Council before giving their support for the CCJ to also be their final appellate court.

As the liberal British-born lawyer and former member of the House of Lords, Anthony Gifford, noted last week in Jamaica where he now lives and work:

"If old Britain can amend its constitution so as to provide for a more transparent and independent supreme court, maybe it is time for the Caribbean to do away with its own anachronism, namely the appeals to the Judicial Committee of the Privy Council".

Such sentiment may not resonate with opponents of the CCJ who have their own reservations about judicial independence and the functioning of the justice administration system in their respective jurisdictions. But it is evident that CARICOM cannot wait to be overtaken by events, either in the case of the CCJ or the creation of the CSME.

Governments that have not yet enacted enabling legislation for the CCJ have an obligation to match their rhetoric with action - ahead of next month's CARICOM Summit in Jamaica - if the regional court is to be functioning soon even with, initially, original jurisdiction for the CSME.

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