National Consultation on Constitutional Reform: Recommendations
The following is the Catholic commission for Social Justice for the archdiocese of Port of Spain May 1st letter to the Minister of Legal Affairs (Trinidad and Tobago Government) listing recommendations for Constitutional Reform. The recommendations, made on behalf of the Archdiocese, were approved by Archbishop Joseph Harris.
1 May 2013
Hon Prakash Ramadhar,
Minister of Legal Affairs
The Registrar General’s Department
2nd Floor, Registration House, 72-74 South Quay
Port-of-Spain
The Catholic Commission for Social Justice (CCSJ)
Justice Desk, Archbishop’s House,
27 Maraval Road, Port of Spain
Tel: 1-868-622-6680 or 299 8945. E-Mail: socialjustice@rcpos.org Fax: 1-868-622-8372
Hon. Minister,
Re: Constitutional Reform
Please find hereunder some recommendations from The Catholic Commission for Social Justice (CCSJ)
1. Keeping God in our Constitution
The framers of T&T’s 1976 Constitution rightly understood that the “People of Trinidad and Tobago”
- acknowledged the supremacy of God;
- recognized the fact that our rights are bestowed upon us by our Creator;
- recognized that men/women and institutions “remain free
only when freedom is founded upon
respect for moral and spiritual values
and the rule of law.”
Since 1976 our people continue to support the principles outlined in
the Preamble of our Constitution. In fact today, in the midst of all our
social ills, more and more people are turning to God for deliverance
from e.g. crime and violence, poverty and social exclusion and so on.
While CCSJ accepts that in our fledgling democracy there are a few who wish to take
God out of our Constitution, and they are within their right to make
this request, it is an indisputable fact that T&T is populated by
people of various faiths all of whom will wish to keep God in our
Constitution.The Catholic Church is the largest faith community in our country
and, on behalf of the Catholic Church, CCSJ urges the Commission to keep
“God” in our Constitution. People of faith will continue to stand
strong in the face of moral relativism and the negative aspects of
secularism which threaten to overwhelm us.
Our cry is: “Not on our
watch!” No, we will not capitulate. God bless our nation!
2. We recommend that a provision for the fundamental “right to life
from conception” be entrenched in
Chapter 1, Part 1 of our Constitution
entitled: THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND
FREEDOMS – e.g.
“(a) the right of the individual to life
from conception,
liberty, security of the person and enjoyment of property and the right
not to be deprived thereof except by due process of law…”
3. We support the Separation of Powers – separation of the
Legislature from the Executive, but urge the Commission to consider
mechanisms that will allow for each to function effectively and
efficiently.
4. The role of an elected Member of Parliament should be a
full-time occupation. If this recommendation is accepted, it will need
to be linked to the remuneration package for MPs as they should be
adequately compensated for taking on the role on a full-time basis. They
can then more effectively serve their constituents, sit on various
Committees, and fulfill their duty as legislators.
5. As far as possible, Government Ministers who, with the PM,
would form the Executive, should not be Members of Parliament. This will
allow MPs more time to respond to the needs of their constituents and
for Ministers of Government to ensure that they can fulfil their
ministerial portfolios; that their respective Ministries are being run
effectively and efficiently; and that they have time to carry out their
Cabinet responsibilities. If the PM wishes to identify an MP from
his/her team to serve as a Minister, then that individual should be
required to resign his/her position as MP and that position should be
filled through a by-election. Consideration should be given to ensuring
that Ministers who are nominated without having faced the electorate are
approved by a special Committee e.g. of Independent Senators? We
recognise the concerns of those who may say that such individuals have
not faced the electorate. However, checks and balances could be included
in the Constitution e.g. re how they are approved. This will also allow
the country to harness the expertise of particular individuals.
6. We believe that the time has come for TT to consider the
introduction of some form of Proportional Representation – either as
part of electoral reform or, as part of Constitutional Reform – which
would be more sensible. Our Westminster first-past-the-post system of
election is not fair and just. We suggest that the Commission looks
again at the Wooding Constitution Commission’s 1974 report in which that
Commission recommended a mixed system of first past-the-post and
proportional representation. And, as Dr Hamid Ghany has said (TT
Guardian 20.1.13):
“If there is a decision in favour of adopting proportional
representation, then there will have to be some determination as regards
which version would be pursued. Would there be a preference for the
“largest remainder” systems of the Hare, Droop or Imperiali methods or
would the preference be for the “highest average” systems of the
d’Hondt, St Lague or modified St Lague methods?”
7. The Commission should consider constitutional
mechanisms and a framework designed to tackle corruption e.g. in relation to campaign accounts and political financing.
8. The power of recall: The Constitution should allow for the
recall of MPs by their constituents between elections – if found guilty
of serious wrongdoing he/she should be asked to stand down and a
by-election should be held. The conditions under which ‘recall’ will be
triggered will need to be included e.g. in the UK a Draft Bill on this
issue suggests that 10% of an MP’s constituents would have to sign a
petition requesting a recall for a by-election to happen and that this
will only apply to cases where the MP is sent to jail for a year or
less, or if the House of Commons decide that an MP’s behaviour justifies
it.
9. CCSJ asks that the deficiencies in our Parliamentary
Committee system be examined with a view to improving the way in which
they operate. Either we increase the number of MPs who are available to
sit on these Committees and/or we allow for non-MPs who are experts in
various fields to be co-opted onto these Committees as necessary. As has
been suggested in the 2012 report on “Activities on strengthening
Parliamentary Practices in T&T”, perhaps, as others have also
recommended, we could use more Independent Senators as Chairs of such
Committees to reduce partisanship.
10. Catholics believe in the principle of “subsidiarity”.
Constitutional Reform, which is being considered at the same time as
Local Government Reform, should examine ways of implementing this
principle. The gross inequities in the funding of certain Regional
Authorities by Central Government highlight the need for a review
of arrangements that are currently made for Local Government. We ask the
Commission to explore ways of including in the Constitution provisions
that would promote a more just and equitable relationship between
Central and Local Government.
“
Subsidiarity is an organizing principle that matters ought to
be handled by the smallest, lowest or least centralized competent
authority. Political decisions should be taken at a local level if
possible, rather than by a central authority… Functions of government…
should be as local as possible. If a complex function is carried out at a
local level just as effectively as on the national level, the local
level should be the one to carry out the specified function. The
principle is based upon the autonomy and dignity of the human
individual, and holds that all other forms of society, from the family
to the state and the international order, should be in the service of
the human person.”
http://en.wikipedia.org/wiki/Subsidiarity_%28Catholicism%29 .
The Catechism of the Catholic Church says this about this principle:
“1883 Socialization also presents dangers. Excessive
intervention by the state can threaten personal freedom and initiative.
The teaching of the Church has elaborated the principle of subsidiarity,
according to which “a community of a higher order should not interfere
in the internal life of a community of a lower order, depriving the
latter of its functions, but rather should support it in case of need
and help to co- ordinate its activity with the activities of the rest of
society, always with a view to the common good.”7
1884 God has not willed to reserve to himself all exercise of
power. He entrusts to every creature the functions it is capable of
performing, according to the capacities of its own nature. This mode of
governance ought to be followed in social life. The way God acts in
governing the world, which bears witness to such great regard for human
freedom, should inspire the wisdom of those who govern human
communities. They should behave as ministers of divine providence.
1885 The principle of subsidiarity is opposed to all forms of
collectivism. It sets limits for state intervention. It aims at
harmonizing the relationships between individuals and societies. It
tends toward the establishment of true international order.”
11. We believe that there should be a term-limit for anyone to hold
the office of Prime Minister. We suggest that no person should hold
office as PM for more than 2 terms (whether these terms are consecutive
or not).
12. In the interest of justice for all political
parties/individuals, the date of General Elections should be fixed. In a
situation in which a vote of no confidence in the Prime Minister is
passed and Parliament is dissolved, the Constitution should specify how
long after this an election should be held.
Respectfully,
Leela Ramdeen, Chair of The Catholic Commission for Social Justice, on behalf of members of the Commission.