President of the Jamaican Bar Association, John Leiba, believes that the sooner a Solicitor General is appointed, the better it will be for Jamaica.Jamaica has been without the services of an official Solicitor General since the resignation of Michael Hylton, Q.C., at the end of October. Deputy Solicitor General Patrick Foster, Q.C., has been acting in the interim.
"For the benefit of the country we would like to see all these things resolved as early as possible. Certainly there is a problem because an appointment hasn't been made as yet. Unfortunately, I don't think the Constitution speaks of a timeline. "
Issue with Vasciannie
Professor Stephen Vasciannie has reportedly been recommended by the Public Service Commission (PSC) to be the next Solicitor General; however, the recommendation has not gone down well with the new Jamaica Labour Party Government.
Objections have been raised that while Professor Vasciannie is versed in international law, he is not a seasoned advocate.
While the PSC has made the recommendation to the Governor-General, Mr. Leiba says that there is provision in the Constitution for the Prime Minister, Bruce Golding, to raise objections.
"The Constitution ... specifically speaks to the (Public) Service Commission making a recommendation to the Governor-General and the Governor-General after consultation with the Prime Minister makes the appointment. It does also provide that the Prime Minister may ask the Governor-General to readvertise or to put back that position."
No objection from PM
He, however, says that he has not heard where the Prime Minister has objected to the recommendation.
"Not to the best of my knowledge, I have not seen where he has rejected the appointment. He might not have signed on but I have not seen where he has rejected it, " said Mr. Leiba.
When The Gleaner asked the Prime Minister about the issue, his response was that he hoped the matter would be resolved in the near future.