Political analysts question new legal and constitutional affairs ministry
A number of political analysts on Tuesday raised eyebrows at the creation of a Ministry of Legal and Constitutional Affairs by Prime Minister Andrew Holness, expressing concern that it might be a replication of the justice ministry.
Their concerns about the new ministry, which is headed by former Attorney General Marlene Malahoo Forte, is among a host of other queries expressed, following the shuffle of the Cabinet by Holness late Monday evening.
In a news release on Monday, the prime minister said in addition to the focus on constitutional and legal reform, the changes are aimed at improving the pace of development and passage of legislation through the Parliament.
“These changes are also designed to facilitate greater coordination and synergy of resources on further increasing the number of housing solutions at affordable prices as well as the development and pursuit of new economic opportunities, such as the blue and the green economy as we recover from the pandemic,” said Holness.
Pointing to the new ministry, veteran journalist and political commentator Desmond Richards told the Jamaica Observer: “You have a Ministry of Justice and then you have a Ministry of Legal and Constitutional Affairs. I don’t know what is going to be the responsibility of the legal affairs minister because the Ministry of Justice is there.The prime minister has also reassigned a number of ministers in Jamaica House. Now I think the Office of the Prime Minister (OPM) is too heavy and I don’t know or see either how it is going to play an effective role in Government.”
Holness assigned Homer Davis, the former minister of state in the Ministry of Local Government and Rural Development, to the OPM in Western Jamaica “to oversee and coordinate special projects and major developments”.
Also added to the OPM were Robert Nesta Morgan and Floyd Green who were appointed as ministers without portfolios.
Green returned to the Cabinet following his resignation last September from his former post as minister of agriculture and fisheries, due to public backlash after a viral video showing him and several other people breaching COVID-19 protocols.
The agriculture ministry has been taken over by Pearnel Charles Jr.
At the same time, Richards, who is the former head of Press Association of Jamaica (PAJ), noted that a Cabinet shuffle usually falls short of public expectations because the prime minister has to satisfy his several constituencies.
“Some people believe that he should have removed Horace Chang, Chris Tufton, Robert Montague. Now these are key players in his Cabinet and not only that, they are key players in the JLP’s (Jamaica Labour Party’s) political scheme of things. You can’t remove the chairman, you can’t remove the general secretary who is also minister of national security. I think that based on the cards he had, he had to satisfy his constituency.
“In our model, the security minister and the finance minister are two key posts on which any prime minister relies. You can’t just shuffle out your security minister like that, neither your finance minister,” declared Richards as he told the Observer that he was not disappointed with the Cabinet shuffle, as he was not bloated with expectations.
In the meantime, political analyst Nadeen Spence told the Observer that she is neither disappointed nor surprised at the Cabinet shuffle.
“I am just noting the changes. I am pleased at the appointment of Dr Derrick McKoy as attorney general. I think appointing somebody who is not affiliated directly with the political directorate is a positive step.
“I am also looking at the new ministry that is assigned to MP Malahoo Forte because I would like to see the specifics of its responsibilities because I am trying to see how different it will be from the Ministry of Justice,” said Spence, as she indicated that she was pleased with the return of Green to the Cabinet.
“He was a good addition to the Cabinet and he is a hard-working minister. I think it would have been unfortunate if what led him to resign kept him out of the Cabinet for longer than now. I also note the movement of Montague under the prime minister to economic growth and job creation ministry and I am wondering how that particular ministry is going to do its work but I note as well that Matthew Samuda, who is a tireless campaigner and innovative thinker and really gets the job done, is also in that ministry,” added Spence.
The prime minister kept National Security Minister Dr Horace Chang and Health and Wellness Minister Dr Christopher Tufton in their respective portfolios, which were moves that disappointed many.
But Spence said the prime minister made the best decision as moving those ministers would not be wise.
The need for a clarification of the role of the legal and constitutional affairs ministry was also echoed by civil society advocate and political commentator Carol Narcisse.
“One must hear how distinct it is from the role of the Ministry of Justice, which has responsibility for legal affairs, and also the distinction of its role from the office of the attorney General. On the face of it, it looks like an entity that could duplicate and do more confusion that clarity. It also needs to be indicated what analysis of cost and efficiencies went into the decision,” said Narcisse.
She also questioned the elimination of the Ministry of Housing, Urban Renewal, Environment and Climate Change, which she described as ‘very problematic’.
“In a context where the former minister, Pearnel Charles Jr, demonstrated to stakeholders a keen interest and desire in seeing an approach to housing, especially housing for the majority of people who are landless and squatting. It is very unfortunate that he has been shifted and not only has he been shifted but there is no longer a ministry of housing, and climate change.
“The Government just came back from the global climate conference in Glasgow, Scotland, at which we did all sorts of pretty speeches and words were expressed and then you come right back and eliminate the ministry. I don’t get it,” said Narcisse.
The prime minister moved the Montague from the Ministry of Transport and Mining to the Ministry of Economic Growth and Job Creation which now re-incorporates the housing, urban renewal, environment and climate change portfolios formerly under the Ministry of Housing and Urban Renewal.