Fixed-date fight

Constitutional law expert Dr Lloyd Barnett and Minister of Legal and Constitutional Affairs Marlene Malahoo Forte yesterday clashed over the Andrew Holness administration’s stance on fixed election dates, a campaign promise made by the prime minister almost a decade ago.

Barnett, a member of the Constitutional Reform Committee (CRC), directly challenged Malahoo Forte on why the committee’s recommendation to fix general election dates was not included in the republic bill tabled before Parliament last December.

The minister, who co-chairs the CRC, insisted the recommendation was accepted, but maintained that not everything could be implemented at once.

“I am very puzzled because I am not sure what is the position that the minister is taking,” said Barnett, noting that the committee had recommended that “in the event there is consensus between the two political parties represented in the Parliament”, the life of Parliament be fixed at five years, with elections called by the prime minister within a three-month window.

“I have not heard, so far, any reason given why that recommendation is rejected,” he continued.

“A bill has been tabled in the Parliament and that recommendation should be dealt with in that bill,” he added during a virtual forum held yesterday, organised by the Private Sector Organisation of Jamaica (PSOJ) and moderated by Jeanette Calder, an anti-corruption campaigner.

However, Malahoo Forte pushed back, insisting the CRC’s proposals were taken on board.

“Yes, Dr Barnett, the Cabinet of which I’m a part, accepted the recommendations of the CRC. I don’t know if I can put it any clearer than that,” she said.

Barnett did not seem persuaded.

“Then… go forward with the recommendation,” he pressed. “It should be in the bill because there is no express opposition to it. And there is no indication that there is public resistance to it.”

The back-and-forth intensified when Malahoo Forte revealed that there was “no consensus on this point between Government and Opposition”, a claim that appeared to stun Barnett. Malahoo Forte said she could not be contradicted on her revelation.

“But, please do not ask me to say anything further on that.”

“Well, that should have been told to me,” he said. “As a member of the CRC, if there was no consensus on it, I would not have agreed to the report being written in those terms.”

Earlier, Malahoo Forte had argued that the change would require political consensus and a referendum. Barnett, however, shot back: “In order to arrive at that point, it requires a clear, genuine expression of opinion on the matter.”

Things also grew tense after the minister referenced political quarrels derailing reform efforts. That did not please Barnett, who said: “Let us deal with this particular matter (fixed elections), with respect, and do not spoil the discussion.”

Malahoo Forte did not appear to appreciate the criticism, and later responded that discussions about reform must be had with “candour”.

Barnett added, “And clarity, Minister.”

“We know what the quarrel is. I don’t know that pointing that out is spoiling this very constructive conversation. I don’t share that view, respectfully,” Malahoo Forte replied.

The forum was considered timely as Jamaica prepares for parliamentary elections widely expected by September. In the run-up to the 2016 elections, Holness, whose party won, had promised a series of reforms, including fixed election dates and term limits.

Shortly before the forum, the ruling Jamaica Labour Party (JLP) campaign team revealed during a press briefing that the party’s position on fixed election dates may not be settled.

Asked about the JLP’s commitment to the 2016 promises, including fixed elections, Senator Kamina Johnson Smith, chair of the manifesto committee, said: “They’re still not settled and, therefore, I think when we get to that stage of the campaign, it will be more clear [what are] the elements that we will be putting forward.”

There was broad consensus among the panellists that fixed election dates would improve fairness in the democratic process, reduce the advantage currently held by prime ministers, who alone can determine election timing, and allow for better planning by government and businesses.

“There has, as far as I know, never been a statement by any prime minister or political leader in opposition to fixed election dates,” Barnett noted.

Opposition Spokesperson on Justice Senator Donna Scott-Mottley restated her party’s support, citing a 2023 public opinion survey by pollster Don Anderson. The poll revealed that 81.1 per cent of Jamaicans surveyed supported fixed election dates.

“The position of the leadership of the party is quite clear that we will support fixed date elections,” she said, after Malahoo Forte pressed for a definitive stance. Scott-Mottley added that concerns about the need for early elections could be addressed by including legal triggers.

“If we are a democracy, we need to listen to the people,” she said.

Malahoo Forte acknowledged the concerns about Holness’ 2016 promise, but noted that commitments can be problematic.

“There is a lesson to be learnt in making statements. I know the prime minister is well-intentioned and this is a matter that remains under consideration. But very often we make announcements without being mindful of the kind of work that is required to move the issue forward and to actually make the changes that are desired.”

“I certainly favour greater certainty around the timing and the holding of elections. More certainty than less certainty,” the minister added.

In the meantime, Malahoo Forte argued that Prime Minister Holness’ decision to announce the 2020 COVID-era elections in Parliament was a “deliberate” move to reduce uncertainty. She said his approach to the yet-to-be announced polls this year reflects an effort to handle the matter “responsibly”.

Scott-Mottley countered that the use of Parliament in 2020 was due to gathering restrictions, adding that the situation “strengthens” the case for a fixed election date.

PSOJ President Metry Seaga questioned what was stalling the reform progress, since all the speakers and the CRC support the proposal.

“I just wondered if there’s anything out there that I’m missing,” he asked.

The CRC’s May 2024 report acknowledged that while a rigid election date could pose challenges, fixing the life of the Parliament and limiting the window for setting election dates would still offer greater predictability.

“This discretion [by the prime minister] is often exercised to gain political advantage,” it said.

jovan.johnson@gleanerjm.com