Press release by A. J. Nicholson, QC on reported plan to advertise post of Solicitor General

The Opposition spokesman on Justice, A.J. Nicholson, QC, issued a press release today in response to an earlier news report that the position of Solicitor General is to be advertised in two weeks. I already commented on this in a previous post. Mr. Nicholson was interviewed on RJR on "Beyond the Headlines". I was interviewed on the same programme shortly after Mr. Nicholson. It doesn't often happen, but this time, I entirely agree with the sentiments of Mr. Nicholson, as reflected in his press release, which I reproduce below.






NEWS RELEASE

The reported proposal for the position of Solicitor General to be advertised for a new functionary to be appointed threatens to move Jamaica into that group of countries where the provisions of their constitution – the basic law- may be flouted to meet the wishes of the leader of government.
The peoples of those countries have collectively come to rue the day that they first allowed that kind of incursion to take place.

It is not an easy road to turn back from, once it has been taken.

The Jamaican Constitution obliges the governor general to appoint a solicitor general when a recommendation is made to him by the Public Service Commission.

A properly constituted Commission made such a recommendation to the governor general, which for several months he has failed to act upon, in clear breach of the Constitution. This is obviously on the directive of the prime minister, the head of government, again in breach of the Constitution.

The governor general dismissed that Commission, on the directive of the prime minister. The legitimacy of that dismissal remains to be decided by the Supreme Court of Jamaica.

The prime minister then proceeded to have another Public Service Commission appointed, in a manner that clearly brushed aside the process which was negotiated and agreed upon in the Vale Royal Talks. So, the prime minister now has in place a Commission with four of its membership of five, selected directly by him, to recommend the appointment of a solicitor general, who must then be anointed by him, with a compliant governor general standing by.

Other such appointments will undoubtedly be made in the same manner to fill positions in the public service. The prime minister will then effectively be in control of the public service.

If we the people of Jamaica allow this to pass, we will come to rue our inaction. This is inimical to the workings of the system of Westminster style democracy, to which Jamaica and its people still subscribe. It would mark the beginnings of dictatorial rule.

Contact : A.J Nicholson
Opposition Spokesman on Justice
Tel : 941-1209
Date : January 22, 2008