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THE EDITOR: It was reported that Opposition Senator Wade Mark opposes any move to abolish final appeals to the Privy Council on the basis that there is some influence, or potential influence, of politicians in the appointment and removal of CCJ judges.
I would like to assume there is some way for the composition of the court to be coloured by political influence.
Let it be clear that I do not accept this is the case.
The Regional Judicial and Legal Service Commission (RJLSC) deals with judicial appointments and discipline. Anyone interested in how appointments to the RJLSC are made can simply Google to get details. Suffice to say, some of its members are "fixed" (the president of the CCJ is automatically its chairman) and others are nominated by various local and regional bodies.
But if that process is not perfect, and there is a chance of political influence, so what?
It is not unheard of for politicians, in proper functioning democracies, to have direct influence over the appointment of judicial officers. The United States and the United Kingdom are prime examples.
Judges of the highest court in the US, the Supreme Court, are directly appointed by politicians. Its members are well-known to have right-wing or left-wing leanings. In the UK, High Court judges are appointed by the Queen on advice of the Lord Chancellor. The Lord Chancellor is appointed by the Queen on advice of the Prime Minister.
So, on Senator Mark’s reasoning, the UK Prime Minister has an influence over the appointment of judges in the UK.
In reality, in the UK, as under the CCJ, there is an independent body that advises the Lord Chancellor on appointments (the Judicial Appointments Commission).
In practice, it is that independent body, just like the RJLSC, which chooses candidates after a fair and open competition.
In Trinidad and Tobago, there are several important independent officers of state whose appointment, on the reasoning of Senator Mark, can potentially be tainted by politicians.
The DPP, for instance, is appointed by the JLSC, but the Prime Minister has a veto power.
The Commissioner of Police cannot be appointed without the backing of Parliament – in other words, the politicians in power control who holds this critical position.
Potential political influence is unavoidable. What is more, it is arguably necessary, because at the end of the day, politicians are answerable to the people.
What is not acceptable in any proper functioning democracy is for its judges to be appointed by politicians of another country!
The arguments for fully adopting the CCJ are unassailable. Let us unite with confidence and move forward.
LEE MERRY
Attorney
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