DURING A Harvard Law School lecture last April, Justice Stephen G. Breyer of the US Supreme Court made clear that he viewed the judiciary as divorced from politics. Once a judge takes an oath, he declared, “(T)hey are loyal to the rule of law, not to the political party that helped to secure their appointment.” Dr Derrick McKoy, former dean of the Faculty of Law at The University of the West Indies at Mona, would agree that the principle applies to the position of attorney general in equal measure, and that it should constitute a compulsory guideline in Jamaica’s approach to the process of constitutional reform. Dr McKoy was recently appointed by Prime Minister Andrew Holness to the position of attorney general, and, in accordance with what the principle entails, it is appropriate for there to be respectful expectation of him being loyal to the rule of law exclusively. Close attention will no doubt be paid by the public, and certainly by his former students, to what the former dean of the law faculty at the regional university will bring to the table touching upon the requirement of loyal acceptance of the role and the rule of law. Like Dr McKoy, Dr Kenny Anthony was a lecturer at the regional university, at the Cave Hill campus. Let us examine the example that Dr Anthony, later in the political arena as leader of the St Lucia Labour Party and prime minister, has left for history and his former students to contemplate. He and his party wished to be certain that St Lucia would proceed along the correct constitutional track to delink from the Privy Council to subscribe to the Caribbean Court of Justice (CCJ). They sought “what can be described as an advisory opinion because St Lucia has a law which allows the Government to refer constitutional questions to the Court of Appeal to get a determination” - an effective example of the role of law. The Appeal Court advised that the correct path was by a stipulated vote in the Parliament. Although the declaration that emanated from the Court was of an advisory nature, in respectful obedience to the rule of law, there has been no report that the St Lucia Labour Party, or any other political party, has insisted on the adoption of any other route. Regrettably, that has not been the experience in Jamaica. Some two decades ago, some petitioners, including the Jamaica Labour Party (JLP), sought the ruling of the court as to whether the People’s National Party Government, in pursuit of the same goal for Jamaica, had proceeded along the correct constitutional channel. INAPPROPRIATE PROCEDURE The Privy Council ruled that the Government had employed an inappropriate procedure, and that the correct route was by means of a stipulated discrete vote in Parliament. In blatant disregard of the rule of law, the JLP proceeded to demand that a referendum be held, instead of the ruling which they had sought from the court. Dr McKoy would certainly not approve. Moreover, the route insisted on by the JLP is a path that has never been turned to by any of the two score and more former British colonies that have delinked from the British Court to subscribe to a final appeal court within their own sphere. In only three countries have there existed constitutional provisions for that exercise to be embarked on by means of a referendum. And in those countries, strangely all within the region, the required referendum route has been attempted and, not surprisingly, without any semblance of a positive outcome. All countries that have completed the exercise have done so by a vote in parliament. And that was the advice given to St Lucia by their Appeal Court, and to Jamaica by the Privy Council. Surely, the former dean of the law faculty could never subscribe to that unprecedented position taken by the JLP. Dr McKoy will have to contend with the JLP’s declaration that pure justice comes from the Privy Council. Incredibly, they have even been prepared to commit a flagrant violation of the Constitution by unlawfully manipulating the provision regarding membership of the Senate, in order to block a vote that would defy their position. The danger of the irreparable damage to the judicial arm of government that could flow from crossing that Rubicon over into a thorny referendum field was publicly pointed out over six years ago by the Jamaican Bar Association. And, as the history right here on our doorstep has shown, this exercise should be kept far away from a referendum, whether as a single question or “going together with” any other issue, for example, of moving away from the monarchy, as Holness has suggested. It is a path which all before us who have completed the exercise have feared to tread. LACK OF CONFIDENCE The assertion that pure justice comes from the British Court clearly points to a deeply held lack of confidence in the acumen and integrity of persons from among us to render fair, impartial and efficient justice to their brothers and sisters. That certainly could not sit well with Dr McKoy, whose experience with the immense talent that exists within the region would lead him to an informed conclusion. The duty has now fallen to him to steer the Government and, in particular, the newly created Ministry of Legal and Constitutional Affairs onto the correct path, guided by Justice Breyer’s time-honoured reminder and the principled example led by Dr Anthony. Two issues remain at the top of the agenda for Jamaica to complete the circle of independence: delinking from the scarsely used Privy Council, and moving away from the monarchy to become a republic. Concerning this latter, there is the constitutional requirement of a referendum being held. And, when that event comes to take place, it would be entirely appropriate that history should record a respectable turnout of voters. Strong calls have been made for the former issue to be finally disposed of during this 60th anniversary year of Jamaicans attaining the right to govern themselves. If the unexpected were to happen, with a positive response made to those calls, the antecedents of the recently appointed attorney general would be of immense assistance. Foundational ties exist between the creation of a regional university and a regional final court of appeal. Coming out of a meeting of British governors of the West Indian colonial territories at Bridgetown, in 1947, there were three recommendations, namely, that there should be a regional university; freedom of movement among the territories; and a final court of appeal. Her Majesty Queen Elizabeth II, the University Visitor, at the official opening of the Norman Manley Law School on the Mona campus in 1975, sent forward the pronounced message of the “creation of a West Indian system of legal education” anchored on “the common law of England”. ROOTED IN REGIONAL PERSPECTIVE The profession had by then come to be irreversibly rooted in a regional perspective, with legal education to be based within the regional university precisely to assist in cementing the foundation on which the judicial and legal superstructure would, in time, be firmly erected. The CCJ president, Justice Adrian Saunders, and several others, are shining examples of the standard that was meant to be attained under that arrangement. The Court which, during its creation, had most unjustly been projected by some to be a ‘hanging court’, has recently been inducted into the International Consortium for Court Excellence. Resistance to the dictates of the role and the rule of law has left Jamaica lingering at this juncture along the road which must be taken in the best interests of its citizens, the majority of whom have never found themselves in any position to afford what is required to begin to seek justice from their court of last resort. And even so, the question endures: Is there any indication that this highly desirable developmental goal is any part of the agenda of this administration? Wherefore, good hunting, Dr McKoy! n A.J. Nicholson is the former minister of justice. Send feedback to columns@gleanerjm.com THE SUNDAY GLEANER, MARCH 6, 2022 | IN FOCUS F8 JIS Newly appointed Attorney General, Derrick McKoy IT IS widely accepted that “crime prevention is a longterm goal, but crime reduction is an immediate need”. It is my position, and that of the Government, that in order to achieve the sustainable crime reduction that we desire, we must, as a matter of priority, reconsider and reposition our crime-prevention efforts. With this in mind, we have shifted our approach to social investments to ensure sustainability, transparency, and meaningful community transformation. The most critical component of the new structure for social investment is the coordination of all government agencies, and this is done under the citizen security business group. The group will ensure that social investment is effectively coordinated so that we optimise efficiency and assure quality engagement. The business group comprises the financial secretary; all permanent secretaries; the head of all the relevant agencies such as the Jamaica Social Investment Fund (JSIF), HEART/NSTA Trust, and the Planning Institute of Jamaica (PIOJ); the chief of defence staff; the commissioner of police; and the director general of the Major Organised Crime and AntiCorruption Agency (MOCA). The Group is supported by the Cabinet Office through the Cabinet secretary and the Office of the National Security Advisor (ONSA). This reflects the Government’s commitment to achieving the desired outcome in our social-investment programme. As a matter of priority, the provision of core social services, namely education, public health, and access to the social safety net, is being reorganised and improved to reach all those who are in genuine need. The Business Group ensures that quality public service and essential public good to the at-risk areas are effectively managed and coordinated. PLAN IN ACTION Last year’s statistics suggest that 11 police divisions – five in the Corporate Area, three in western Jamaica, and three in St Catherine and Clarendon – account for 82 per cent of homicides. The Citizen Security Plan is not only seeking to improve policing in these divisions, but will devote significant social investment to these areas, which account for the highest number of at-risk communities. Undoubtedly, improvement to the security environment within our most volatile and at-risk communities is required to enhance the country’s economic prospects and to provide prosperity for its citizens. The Citizen Security Plan (CSP) is designed to reduce widespread criminal violence and provide opportunities for the development of vulnerable communities. The CSP is focused on two main objectives: the first is efficient policing to provide safe spaces with immediacy, and the second is the targeted intensification of social investment to restore the dignity of our citizens in these highly challenged areas by ensuring equity and providing opportunities. REMOVING SILOS Our legacy and experience have been a siloed approach by all the agencies, which is partly cultural and partly the result of scarcity of resources that has affected these agencies over the years. However, for social investment to be successful, it requires a high level of coordination of the relevant agencies. Effective coordination will improve efficiency in every way, particularly spending efficiency, where for every dollar spent, we will not lose 50 cents, but, in fact, gain 10 cents on the dollar. As the phrase goes, “The whole is greater than the sum of its parts”, therefore, if we pull the government agencies together as one, we get better results than when each of them runs on their own steam. Ultimately, effective coordination will ensure good public-health service, which when accompanied by effective social services will guarantee adequate nutrition for our students and lead to quality infant and primary education. All of this will operate in the context of safer spaces, assured by the work of the police force, and includes good roads, adequate water supply, and proper garbage disposal. This kind of activity is mirrored in the Zones of Special Operations (ZOSOs), where the activities are very intense. However, this is a policy that has to be broadened to the many volatile and vulnerable communities across the island, as identified by the PIOJ’s research. EFFECTIVE GOVERNANCE AND OVERSIGHT Governance and oversight mechanisms are crucial elements to the effective and coherent implementation of social investment. In addition to the Citizen Security Business Group, the Citizen Security Secretariat (CSS) is critical in this regard. The CSS is the hub for the Monitoring, Evaluation, and Learning framework of the Citizen Security Plan of Jamaica. It monitors the activities of the implementing agencies on a real-time basis, which allows for effective coordination, accountability and timely changes as required. In instances where outcomes are not met, the budget will not be provided. Specific outcomes are identified that must be met in order for the agencies to receive financial allocation from the Ministry of Finance. Some of these targets are: • the status of governance, coordinating, and oversight mechanisms; • the number of parents trained under parenting programmes; • the number of safe spaces created; • the number of police stations and facilities rehabilitated; • the number of at-risk youths who receive professional qualification or certification of their skills; and • the number of government-run shelters established for victims of violence HUMAN CAPITAL DEVELOPMENT Human-capital development is vital to any sustainable transformation of our at-risk communities. It is heartening to see that the training offerings, which are specific to our young males, such as those offered by the Caribbean Military Technical Training Institute (CMTTI), are already showing extremely rapid take-up by young men in the critical age groups. The training offerings of articulated vehicle operation and construction are an easy diversion away from the gangs, for young males, as the youths often say, “Boss, mi wi lock the gun if mi can learn to drive the big trailer cause mi can mek good money deh suh”. At the end of the training with the CMTTI, we can assure the country that we have almost a new man – one who is disciplined and skilled. COMMUNITY DEVELOPMENT As the police remove the gangs from these communities, the environment will be created for the social agencies to operate freely and optimise the spending on social investment. The physical work being done by the JSIF along with the well-coordinated social activities will ensure community transformation and sustainable change in behaviour in the medium to long term. The police will indeed serve and protect these communities, with the Community Safety and Security Branch (CSSB) ensuring that all the social services and social activities are in full operation. The objective of our repositioned social-investment policy is to channel funding through the government institutions, supported by private sector and international partners, with community involvement and ownership so that we will have a strong community in a healthy and safe environment. This outline of our social-investment policy highlights the nature of our intervention in these challenged communities. It further demonstrates, without question, the high level of coordination and the high priority that the Government places on the effective expenditure of social- investment funds. We commend our partners that have come on board, and we know that we will see the difference emerge. It is early days yet, but I am confident that we are on a path for sustainable change and transformation. n Dr Horace Chang is Jamaica’s deputy prime minister, minister of national security, and member of parliament for NorthWest St James. Send feedback to securityminister@mns.gov.jm FILE In this August 2020 photo, JDF soldiers are seen patrolling in August Town. Citizen security business group to ensure success of social investment Role and the rule of law – good hunting, Dr McKoy GUEST COLUMNIST GUEST COLUMNIST A. J. Nicholson Horace Chang
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