Role_of_the_Governor_General

Governor general 27. There shall be a Governor-General of Jamaica who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Governor General Majesty's representative in Jamaica. [The inclusion of this page is authorized b y LN. 50/197q 58 CONS T I TUT ION OF J A M A I C A Oaths to be taken by Governor- General. Acting Governor- General. Deputy to Governor- General. 28. A person appointed to the office of Governor- General shall, before entering upon the duties of that office, take and subscribe the oaths of allegiance and for the due execution of the office of Governor-General in the forms set out in the First Schedule to this Constitution. 29.-(1) Whenever the office of Governor-General is vacant or the holder of the office is absent from Jamaica or is for any other reason unable to perform the functions of his office, those functions shall be performed by such person as Her Majesty may appoint or, if there is no such person in Jamaica so appointed and able to perform those functions, by the Chief Justice of Jamaica. ( 2 ) Before assuming the functions of the office of Governor-General any such person as aforesaid shall take and subscribe the oaths directed by section 28 of this Constitution to be taken and subscribed by the Governor- General. ( 3 ) The Governor-General shall not, for the purposes of this section, be regarded as absent from Jamaica or as unable to perform the functions of the office of Governor-General ( a ) by reason only that he is in passage from one part of Jamaica to another; or ( b ) at any time when there is a subsisting appointment of a deputy under section 30 of this Constitution. 3 0 . 4 1 ) Whenever the Governor-General- ( a ) has occasion to be absent from the seat of Govern- ment but not from Jamaica, or ( b ) has occasion to be absent from Jamaica for a period which he has reason to believe will be of short duration; or [The incl&iqn of this page is -authorized by L.N. 50/1979]. CONSTITUTION OF J A M A I C A (c) is suffering from an illness that he has reason to believe will be of short duration,he may, on the advice of the Prime Minister, by instrument under the Broad Seal, appoint any person in Jamaica to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in that instrument. ( 2 ) The power and authority of the Governor- General shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and a deputy shall conform to and observe all instructions that the Governor-General may from time t o time address t o him : Provided that the question whether or not a deputy has conformed to or observed any such instructions shall not be enquired into in any court. (3) A person appointed as a deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor-General acting on the advice of the Prime Minister. 31.-(1) Parliament may from time to time prescribe the offices that are to constitute the personal staff of the g,",$_- Governor-General, the salaries and allowances that are to General be paid to the members of that staff and the other sums that are to be paid in respect of the expenditure attaching to the office of Governor-General. (2) Any salaries or other sums prescribed under subsection (1) of this section shall be charged on and paid out of the Consolidated Fund. (3) Subject to the provisions of subsection (4) of this section, the power t o make appointments to the offices for -Cl''h.e inclusion of this page- is authorized by LN. 50/1979] CONSTITUTION OF JAMAICA the time being prescribed under subsection (1) of this section as offices that are to constitute the personal staff of the Governor-General, and to remove and to exercise disciplinary control over persons holding or acting in any such offices, shall vest in the Governor-General acting in his discretion. (4) The Governor-General acting in his discretion, may appoint to any of the offices prescribed under subsection (1) of this section such public officers as he may select from a list submitted by the Public Service Commission, but (a) the provisions of subsection (3) of this section shall apply in relation to an officer so appointed as respects his service on the personal staff of the Governor-General but not as respects his service as a public officer; ( b ) an officer so appointed shall not, during his continuance on the personal staff of the Governor- General, perform the functions of any public office and (c) an officer so appointed may at any time be ap pointed by the Governor-General, if the Public Service Commission so recommend, to assume or resume the functions of a public office and he shall thereupon vacate his office on the personal staff of the Governor-General, but the Governor General may, in his discretion, decline to release the officer for that appointment. ( 5 ) All offices prescribed under subsection (1) of this section as offices that are to constitute the personal staff of the Governor-General shall, for the purposes of sections 40, 41, 11 1, 124, 129, 132, 133 and 134 of this Constitution be deemed to be public offices. me inclusion of this page is authorized by LN. 50/1979] CONSTITUTION OF JAMAICA 6 3 2 . 4 1 ) The Governor-General shall act in accordance Exercise of with the advice of the Cabinet or a Minister acting under the ~ ~ ~ ~ ~ f -general authority of the Cabinet in the exercise of his function. Functions other than(a) any function which is expressed (in whatever terms)to be exercisable by him on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority other than the Cabinet; and ( 6 ) any function which is expressed (in whatever terms) to be exercisable by him in his discretion. (2) Where the Governor-General is directed t o exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation : Provided that (a) before he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and ( b ) if that person or authority, having reconsidered the original recommendation under the preceding paragraph, substitutes there for a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation. (3) Where the Governor-General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority. (4) Where the Governor-General is directed to exercise any function in accordance with the recomrnenda- CONSTITUTION OF JAMAICA tion or advice of, or with the concurrence of, or after con- sultation with, or on the representation of, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court. ( 5 ) Where the Governor-General is directed to exercise any function on the recommendati:on of the Prime Minister after consultation with the Leader of the Opposi- tion the following steps shall be taken : - (a) the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recom- mendation to the Governor-General; (6) the Governor-General shall then inform the Leader of the Opposition of this recommendation and if the Leader of the Opposition concurs therein the Governor-General shall act in accordance with such recommendation; (c) if the Leader of the Opposi~tion does not concur in the recommendation the Governor-General shall so inform the Prime Minister and refer the recom- mendation back to him; ( d ) the Prime Minister shall then advise the Governor- General and the Governor-General shall act in accordance with that advice. (6) Any reference in this Constitution to the functions of the Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of Jamaica and to any other powers and duties conferred or imposed on him as Governor-Genral by or under this Constitution or any other law. Broadseal. 33. The Governor-General shall keep and use the Broad Seal for sealing all things whatsoever that shall pass under the said Seal. . . ~ .me inclusion. of this page is authorized by L.N. R THE NEW Governor-General of Jamaica took the Oath of Office on Wednesday, February 15. He is Professor Kenneth Hall, who was until his appointment, Pro Vice Chancellor and Principal, Mona Campus of the University of the West Indies. Professor Hall is a career academic of distinction who is also a successful administrator. He is the first native Governor-General who has not been appointed from the political ranks. Sir Howard Cooke, the outgoing Governor-General who retired from the position, was a well regarded political figure who gave public service in representational politics for four terms of office. He brought with him from his political background an affable personality which exuded warmth in all his public greetings and appearances. His popularity was enhanced by the Christian fellowship which was his personal touch. Sir Howard and Lady Cooke will be remembered for the common touch they brought to their exalted positions; it enabled them to truly reach all levels of society. IMPORTANT FACTOR This capacity to reach out is an important factor in the role of the Governor-General, a position which carries virtually no executive authority or parliamentary power. Although the Constitution vests the executive authority of Jamaica in the monarch, Queen Elizabeth II, this authority is exercised by the Cabinet of Jamaica subject to the approval of Parliament. The Constitution in Section 69 (2), states that, "The Cabinet shall be the principal instrument of policy and shall be charged with general direction and control of the government of Jamaica and shall be responsible to Parliament." The Queen, and her representative who holds vice-regal powers, have no real executive or parliamentary authority although the Royal Assent is required as a matter of form for the enactment of all legislation. Notwithstanding the supremacy of Parliament over the Cabinet, it is the Constitution of Jamaica which is the supreme authority of the country. This classifies the system of governance in Jamaica as a constitutional democracy. Although the role of the Queen and Her vice-regal representative, the Governor-General, is only symbolic as the executive authority, the monarch holds real power as the final arbiter of justice where other recourses have failed. Hence, the Constitution provides for:  A Royal Perogative in section 110 (3) by which Her Majesty can grant special leave to appeal from decisions of the Court of Appeal to the Privy Council, in instances where the Court of Appeal refuses to grant approval for appeal to the Privy Council. This allows any citizen to appeal to the Privy Council.  The exercise of the power of clemency for convicted persons by the Governor-General who exercises this power on advice of his Privy Council on behalf of the sovereign.  The Governor-General can appoint a commission of enquiry in his own right. This power to set up a commission of enquiry without the approval of the Prime Minister, allows matters to be probed in defiance of the wishes of government. This is, perhaps, the most important power which resides in the Governor-General to be used in his own discretion. ARBITER OF SENSITIVE SITUATIONS These reserve powers of the Crown are essential to the establishment of a just system of governance by providing an open channel of appeal to the highest judicial authority for individuals and for hearings to be held on matters of great importance if the government will not proceed. The Constitution makes further provision for the role of the Governor-General as arbiter in sensitive situations. As currently set out in the Constitution, this role is largely symbolic. Hence, while the GG makes the appointments of members to select national committees of critical importance - such as the Judicial Services Commission, the Public Services Commission, and the Police Services Commission the selection of appointees is made by way of recommendations by the Prime Minister, despite objections by the Leader of the Opposition. These often result in politically-loaded committees in the above and other committees which have responsibility for politically-sensitive areas of national life in which there is a need to safeguard against political bias. In the programme of constitutional reforms which have been in progress for more than the past dozen years, amendments have been proposed and agreed by both political sides to require agreement between the Prime Minister and the Leader of the Opposition on all appointments to a select list of such sensitive bodies. In the absence of such agreement, the Governor-General, in his discretion, would be empowered to take the decision. Although not yet constitutionally enacted, this amendment has been in practice as a result of an agreement reached between Prime Minister P.J. Patterson and myself at the last Vale Royal meeting between Government and Opposition which I attended in 2004. MAINTENANCE OF GOOD GOVERNANCE This arrangement was taken one step further in the case of the Electoral Advisory Committee (EAC) where it was agreed that the Governor-General in his discretion would appoint the three Independent Members of the EAC, further isolating this critically sensitive area from political bias. These examples illustrate the critical importance of the role of the Governor-General in maintaining a balance between contending political forces in the maintenance of good governance. The importance of a Governor-General to the good governance of the society is to ensure that political influence does not upset the balance of power in vital areas where the necessity exists. This does not mean that a Governor-General must be selected from a 'non-political background' in order to perform his role in a manner consistent with the Constitution. It is possible that a rare political figure may do just as well. Sir Florizel Glasspole came closest to this ideal. Writing from a position of 45 years of political involvement, I can speak to the danger of the threat to the democratic functioning of government which is caused by the occurrence of political conflict arising out of real or perceived distortions of the political balance of power. This is one of the principal sources of victimisation and discrimination which endangers the effectiveness of the system. Political bias engenders lack of trust between opposing political interests which heightens the necessity for political responses, killing the hopes of many possibilities for achievements purely in the national interests. EQUAL GROUND WITH A PRIME MINISTER To my mind, a Governor-General who dispenses his constitutional role for just governance of the society stands on equal ground with a Prime Minister who has the awesome responsibility for the executive governance of the nation. Both are essential to the good order and functioning of an effective democracy. A Governor-General who fails in this respect leaves the door open for poor governance, of which there has been so much already to the detriment of the nation. So too does a Governor-General who attempts to go beyond his limited but vital constitutional power. When the position of Prime Minister became vacant in 1967 on the passing of Sir Donald Sangster who became Prime Minister of Jamaica only a few weeks before his death, Sir Clifford Campbell, then Governor-General, moved to exercise his interpretation of his constitutional power to appoint a new Prime Minister who, in his view, would command the support of the majority of Members of Parliament on the government side. He invited each Member of Parliament to King's House where he had private talks separately with each MP regarding appointment of a new Member of Parliament. I was the last Member of Parliament to be seen by him. I was not asked for my view. I was given the impression that the majority of other members supported Robert Lightbourne. Accordingly, he advised me that he intended to appoint Lightbourne. Since I knew that this was very far from the true feelings of the Members of Parliament, I told the Governor-General that I did not agree with that appointment and would oppose it. NEVER TAKING SIDES I immediately advised D.C. Tavares who I knew was an aspirant for the post of Prime Minister. Tavares advised the press. The story broke in The Star newspaper the next morning. The reaction by Members of Parliament put an end to the intention of Governor-General Sir Clifford Campbell to exceed his authority. JLP Members of Parliament then took a vote among themselves which was won by Hugh Shearer, on the second ballot, by one vote over Tavares, Lightbourne with three votes on the first ballot, having been displaced. The Governor-General was then advised of the outcome and he proceeded to exercise his authority to select and appoint Hugh Shearer, as provided in the Constitution. It is critically important to the role of the Governor-General that all actions must be within the realm of his powers and must not at anytime appear to take sides politically by any action or statement which could be so interpreted. Pronouncements by the new Governor-General that he intends to take a special interest in matters of youth and education, and without so saying, undoubtedly in matters of CARICOM which is dear to his heart, would have to be very delicately handled in order to avoid seemingly taking positions which could appear to be siding with one side or the other on any controversial issue. These interventions could destroy the constitutional balance crafted for the role of the Governor-General. I know that a learned man like Professor Ken Hall will find it difficult to avoid interjections of his own erudite views, but delicacy and diplomacy are part of the life of a Governor-General. Nothing prevents him from conferring in private with the Prime Minister on his own views. I had regular monthly meetings with Sir Florizel Glasspole and found them most useful. The new Prime Minister of Jamaica would do well to work in tandem in this manner with the new Governor-General. I wish Professor Kenneth Hall well in his new and august position and, as I have said to him in private, I am available to him at anytime to advise him from my background of experience on matters which may present a pitfall in carrying out his duties.