GG's talks on Porteous spell 'trouble'

Gary Spaulding, Senior Gleaner Writer

Uncertainty shrouds the legality of the decision by Governor General Sir Patrick Allen to put off the swearing-in ceremony for Custos of Manchester Sally Porteous.

Sir Patrick said his decision to postpone the ceremony was intended to facilitate additional "consultations", adding to the gloomy stand-off that has characterised the matter.

However, legal luminaries are arguing that the decision was out of the remit of the governor general.

"Once he speaks about consultation, he is in trouble," declared one lawyer who is affiliated with the Jamaica Labour Party (JLP).

The attorney said Sir Patrick blundered but declined to reveal whether the party would seek legal redress at this time.

Justice Minister Mark Golding, himself a lawyer, said that under law Porteous was the duly appointed custos of Manchester as she was appointed in November on the recommendation of then Prime Minister Andrew Holness.

"The provisions of the law as passed (stipulate that it) is a matter for the governor general acting in consultation with the prime minister," Golding said.

Discussions with stakeholders

He told The Gleaner that specific provisions were laid out under Section 11 of the Custos Rotulorum Act 2011.

"The fact that he delayed the swearing in doesn't mean that he has rescinded the appointment; the two things are not necessarily connected," argued Golding.

"What I think he is trying to do is to have discussions with key stakeholders to find an acceptable means of resolving the issue."

However, the JLP-affiliated attorney contended that there was no provision in law for such discussions with stakeholders on the part of the governor general.

"The custodes are the governor general's representatives in the various parishes and therefore their appointment is the appointment of his representatives and the law expressly states how he exercises that appointment," argued the attorney who asked not to be indentified. "It is not exercisable on consultation, it is exercisable under the provisions of the law on the recommendation of the prime minister."

The attorney contended that once the governor general has that recommendation in hand, he is duty bound to go forward. "If in this case, he is going outside the law, he is setting a dangerous precedent."

Golding said the act sets out a procedure through which the governor general can remove a custos if there is reason to think that the custos is unable to perform his functions and responsibilities.

"The procedure involves reviewing the matter and making a recommendation to the governor general on the basis of which he is empowered to withdraw the appointment, but I don't know that there is any move afoot to go down that road," Golding said.

"I am just telling you what is the law, I am not in the picture because the minister of justice does not have jurisdiction in this area," he, however, stressed.

The decision to appoint Porteous has been met with controversy, with JLP insiders suggesting that the fire was being fuelled by a known People's National Party member who was eyeing the position.

"If it is a case in which the present Government is exercising influence over the governor general, can you imagine what would happen if there was a president, particularly when that president comes from the political party in power," said one lawyer in reference to current talk about removing the British Queen as Jamaica's head of state.

Several justices of the peace have protested against the Porteous appointment, describing it as unprecedented.

Opposition Spokesman on Justice Delroy Chuck has characterised as appalling the conduct of the protesting JPs.

gary.spaulding@gleanerjm.com