The debate over dual citizenship which has hung as a shadow over the seven-month-old JLP administration is approaching a decisive and critical phase. It is critical because the slim majority held by the Government is a matter of concern, notwithstanding the prime minister's reference to the Grenada experience in which Dr Keith Mitchell has operated with a majority of one for the past four years seemingly without any stress.
But the PM has conceded that he would be concerned if his majority becomes uncertain. And that has come about with the political and legal challenge mounted against Daryl Vaz as a citizen of the US. The subsequent court action and other pending legal process point to a critical provision of the Jamaican Constitution that would have to be amended to banish the uncertainty.
That amendment, however, will take time. As the PM told a press briefing on Wednesday the length of time depends on whether the relevant section of the Constitution is entrenched or deeply entrenched.
Time to amend bill
As he termed it, simple entrenchment would require a minimum of six and a half months because any bill to amend the relevant section has to be on the table of the House for three months before debate begins; and it has to stay on the table for three months after the debate ends; and then it goes to the Senate. In addition, if it is an entrenched section, it would require a two-thirds majority; and that obviously would require consensus between both sides.
This long and deliberate process of constitutional amendment is an indication of legislative caution. The entrenched provisions are obviously designed to ensure careful scrutiny before amendment is contemplated. On the face of it, the law is a shackle not lightly discarded; and lawmakers perforce must resort to alternative modes of change.
Political consensus
We are therefore facing the prospect of political consensus on the way forward. In our view, the worst case scenario would be to resort to a general election that would hopefully clear the air and avoid the tedious legislative process of amending the constitution.
We assume that the country at large would be as wary as we are about the prospect of nation-wide electioneering so soon after last year's exercise. That being the case, consensus is the challenge facing the two political parties. We endorse the notion that seats in Parliament should be chosen by the votes of the electorate at the orderly intervals stipulated by the constitution. The unusual precedents that have arisen should best be settled by bipartisan consensus.
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