Proposed Contstitutional Amendments

I have called this press conference today to announce the constitutional amendments that I have proposed to the Prime Minister. I have already informed him of these proposals and I should add that I have done so at his invitation. In this regard, the public is already aware well aware of the Prime Minister’s intention to initiate a process of constitutional reform in the very near future.

It continues to be my view, however, that constitutional reform should be preceded by the widest possible public consultation, spearheaded by an independent Constitutional Commission representing the broadest possible cross-section of public opinion. There should also, in my view, be an “all-parties” constitutional conference that would attempt to forge a national consensus as to the constitutional reforms that should be put on the agenda for legislative action and popular ratification through a national referendum. The Constitution of The Bahamas is, after all, the supreme law of the land and the primary contract that regulates our relations with each other as citizens of our sovereign nation and our relations with the persons, institutions and bodies entrusted with the governance of our nation.

Shortcuts should therefore never be taken when it comes to changing something as vital and fundamentally important as our national Constitution. Similarly, the process of change cannot safely nor wisely be confined to politicians. Instead, all Bahamians of all strata must be allowed and encouraged to be active participants in a structured programme of public discussion and consultation. The idea must be to end up with a menu of constitutional proposals that we, as citizens of The Bahamas, can live comfortably with.

It should be understood, therefore, I have proposed the following constitutional amendments on a purely provisional basis. These proposals stand to be refined, enlarged upon, added to, or even altered once we have had the opportunity to engage in national dialogue of the kind for which I have just contended.

Against that background, I now announce, in summary form, the 15 constitutional amendments that I have advanced for consideration:

1. Creation of an Independent Boundaries Commission with responsibility for ensuring the complete integrity of the electoral process and that the will of the people will prevail without distortion of constituency boundaries.

2. Creation of an Independent Electoral Commission free from political influence with responsibility for the registration of voters and the conduct of Elections under a free, fair, transparent and accountable system.

3. The Constitution ought to provide that Parliament may prescribe by law for openness and fairness in procedure for the funding of Parties at Elections both local and national. There ought to be prescribed national limits on Party political expenditure with appropriate penalties.

4. In order to ensure as far as possible an incorruptible fully accountable system, replace the Public Disclosure Act by a constitutional provision to require members of the House of Assembly and Senate to disclose all business investments and shares in Companies held by them in which they have any beneficial interest.

5. In order to perpetuate democracy in a society dedicated to protecting human rights and the rule of law not the rule of persons nor the tyranny spawned by the cult of personality there ought to be a constitutional amendment limiting the term of office of the Prime Minister to two terms.

6. In making our Government more responsive and more efficient to bring about more public and open Government the people ought to be given a legal “ right to know” subject to security and personal privacy. There ought to be a constitutional amendment providing for Parliament to prescribe a Freedom of Information Act to break the culture of secrecy in Government decisions, which leads to arrogance in governance, and a loss of public confidence in Government.

7. Accountability in Government is absolutely necessary to preserve democracy and people expect and are entitled to greater access to information which will give them protection from the all powerful State; to this end there ought to be established under the Constitution the office of Ombudsman to whom the people can go for remedies, relief and protection from mistakes or deliberate acts on behalf of any public authority or person.

8. Any change in the existing powers of the Senate ought not to be considered; rare though the occasions are, the Senate ought to remain a body which can correct any mistakes made by the House. However its composition ought to include representatives from the Church, Trade Unions, the Bar and any other non-political bodies to broaden the avenues for expression of national views beyond the purely political. Appointment of 8 additional Senators ought to be made by the Governor General after consultation with the Prime Minister and Leader of the Opposition.

9. The Attorney General’s powers with regard to criminal prosecutions ought to be removed and transferred to a Director of Public Prosecutions. He ought to be seen to be an independent non-political officer appointed by the Governor General after consultation with the Prime Minister and Leader of the Opposition.

10. There are certain Officers of State who ought to be seen to be removed from partisan political considerations and given the independence consistent with their status. It is therefore recommended that the following officers be appointed by the Governor General after consultation with the Prime Minister and Leader of the Opposition: The Chief Justice, President of the Court of Appeal, appointed Members of the Judicial and Legal Service Commission, the Chairman and members of the Public Service Commission. It is further suggested that these appointments should be subject to Parliamentary confirmation but should be deemed to have been approved unless rejected by a two-thirds majority of the House of Assembly.

10. The Human Rights provisions of the Constitution ought to be amended to remove all discrimination on the grounds of sex. The opportunity ought also to be taken to include a constitutional provision against victimization.

11. Having regard to the fact that Teachers constitute the largest size category of Public Officers, and the fact that their status as professionals ought not to have to be considered within the same context of the general administrative public service, it is suggested that there be established a Teachers Service Commission.

12. Members of Parliament have the Parliamentary privilege of freedom of speech, which can include any defamatory, abusive or inaccurate statements about a member of the public. Members sometimes abuse this privilege by making personal attacks on their political enemies who deserve the right o reply. The Human Rights provisions ought to be amended to allow the constitutional right of reply by providing that Responses in writing from such persons shall be published in Hansard which could include counter allegations and criticisms of their accusers.

13. The Human Rights provisions ought to be amended to incorporate as a protected right the right to vote and participate in free and fair elections coupled with the concept of Freedom of the Press which will enshrine the principles that the media shall be free from arbitrary intervention by the State and that equal access to television and radio be guaranteed during national elections.

14. Security of Tenure for Governor of Central Bank; Commodore of the Defence Force; Director of Public Prosecutions; and Parliamentary Commissioner on same constitutional terms as presently obtain in respect of removal from office of the Commissioner of Police.

15. Age of retirement of Supreme Court Justices to be extended from 65 to 70 (but with all currently serving Justices retaining the right to retire at age 65).

16. Age of retirement of Court of Appeal Justices to be extended from 68 to 75 (but with all currently serving Justices retaining the right to retire at age 68).

17. Elimination of “extension of judicial service” provisions which presently obtain at both the Supreme Court and Court of Appeal level.

HON. PERRY G. CHRISTIE, MP