Let’s talk, ArchieBy SEAN DOUGLAS Saturday, September 19 2009
Government yesterday welcomed Chief Justice Ivor Archie’s recent remarks about the functioning of the Judiciary and invited him to meet to discuss constitutional reform.
At the opening of the law term on Wednesday, Archie had warned, measures in a working document on a draft constitution, such as a Ministry of Justice, would strip the Judiciary of its independence, the office of the Chief Justice of its authority and even undermine the rights of citizens. He had suggested the measures be put to a vote, implying either by referendum or a general election. A team of Cabinet ministers put together a response to Archie’s stinging criticism and the statement was issued yesterday.
In the statement, Government claimed the concept of a Ministry of Justice is not a novel idea, saying it exists in Caribbean countries and in the United Kingdom from where many of Trinidad and Tobago’s judicial arrangements are inherited.
“The Government notes the Honourable Chief Justice’s comments on the concept of a Ministry of Justice and welcomes these comments as part of the ongoing consultation process.”
Government said that, as with contributions from other stakeholders, it awaited the full comments of the Judiciary as indicated by the Chief Justice.
“Having now made public his comments on the working document, the Government anticipates that the Judiciary and the Honourable Chief Justice will now respond to the standing invitation of the Government to meet with a team from the Executive to discuss the general arrangements for the delivery of justice.” Government said it is committed to the separation of powers and the independence of the Judiciary, but added that since the 1952 Napier Commission of Inquiry, the arrangements for the administration of justice have not always produced a speedy, fair and efficient delivery of service.
“A more sophisticated justice system is now being demanded by a discerning public aspiring to developed country status.”
Government said responsible and transparent responses to these demands should lie at the heart of arrangements for delivering swift justice. They said the proposals in the document are designed to address these demands, and would likely be refined later by more stakeholders in the public consultations. “It is anticipated that this process will be completed within the net 18 months”.
Government denied the document criticised by Archie was a draft constitution, but instead dubbed it a working document on constitutional reform (out for public comment), preceded by ten drafts. The statement said Manning had claimed the document did not represent any consensus, but were “merely ideas”, with everything in it being up for discussion. (See Page 14A)