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Contact:
George Jude
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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