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Post of Lord Chancellor to be Abolished Vindicates Need for CCJ


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Monday, May 24, 2004 - The United Kingdom Government has advised the respective governments of the Organisation of East Caribbean States (OECS) that the post of Lord Chancellor of the United Kingdom (UK) would soon be abolished. Consequently, the OECS governments have been invited to re-examine the laws and procedures, which govern the appointment of the Chief Justice of the Eastern Caribbean Supreme Court.

This latest development underscores the correctness of the decision of the Caribbean countries to establish the Caribbean Court of Justice (CCJ) to replace the Privy Council.

Prime Minister, Dr. Kenny D. Anthony, has for some time now been pointing out to the people of the region that they cannot expect the UK government to retain positions in their constitution purely to facilitate appeals from Commonwealth Caribbean countries to the Privy Council.

Now, Dr. Anthony has been vindicated, but as the current chairman of the O.E.C.S., this legal hot potato has fallen squarely in his lap. Dr. Anthony, of course, is no stranger to these matters, as he is also the lead Prime Minister in CARICOM with responsibility for Justice and Governance, including the establishment of the CCJ.

The British government has pointed out that the relevant 1967 legislation establishing the East Caribbean Supreme Court provides that the Chief Justice of the Eastern Caribbean Supreme Court shall be appointed by her Majesty the Queen by Letters Patent. It was decided at the time, that the Lord Chancellor would advise the Queen on the appointment and that when tendering such advice he would consult the Premier of each of the Associated States in which the Supreme Court had jurisdiction.

Most recently, the convention has been for the Director General of the OECS to write to the Lord Chancellor, informing him of the unanimous decision of the Heads of Government and urging him to advise Her Majesty to appoint accordingly. The relevant legislation also provides for the Lord Chancellor to be involved in the case of the removal of a Chief Justice of the OECS Supreme Court and the British government has indicated to the OECS Heads of Government that the Lord Chancellor’s role in this respect will also need to be replaced with an appropriate mechanism.

Reacting to this latest move by the British Government, Dr. Anthony says the decision to abolish the post of Lord Chancellor “will have serious repercussions, as it may compel changes to the constitutions of the OECS countries.” As a result, urgent consultations will be held with the Attorneys General of the OECS to assess the implications and to agree on a joint approach.

Prime Minister Anthony is expected to visit the UK to discuss the implications of the change with British officials.

 

 


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