PNP Argues Parliamentary Summoning of ECJ Over Portmore Boundary is Improper

Another potential legal battle regarding the proposed parish of Portmore could be brewing.

Attorney representing the People’s National Party, PNP, King’s Counsel, Michael Hylton, is sounding the alarm over a recent letter sent by the Houses of Parliament calling for the Electoral Commission of Jamaica, ECJ, to appear before its Constituency Boundaries Committee next Wednesday.

The ECJ has also been requested to submit a report no later than the end of May.

The concerns are outlined in letters sent to Attorney General Dr Derrick McKoy and Clerk to the Houses of Parliament Ms Colleen Lowe.

KC Hylton argues the request is improper and risks compromising the law and the independence of the ECJ.

Chevon Campbell, tells us more.

In a letter to the Clerk of the Houses of Parliament, Colleen Lowe, dated April 8, Mr. Hylton, references a letter sent on her behalf to chairman of the ECJ, Earl Jarrett, regarding the boundaries of the proposed parish of Portmore.

That letter dated April 4, asks the ECJ to attend a meeting of the Constituency Boundaries Committee of Parliament on April 16, provide an update at that meeting, and then provide a report by May 31, 2025.

Mr. Hylton says the letter sent on behalf of Ms Lowe goes beyond what had been decided by the committee during its deliberations on April 1.

For reference, here are the instructions as outlined by Speaker of the House and chairman of the committee, Juliet Holness.

Mr. Hylton says it would also be improper for the committee to purport to impose on the ECJ a deadline by which it should complete its work.

The King’s Counsel says the ECJ should not depart from its established processes in order to facilitate the government’s timeline.

A similar letter was sent to Attorney General Dr. Derrick McKoy also dated April 8. Dr. McKoy is advising the committee on the Portmore matter.

KC. Hylton says the letter to the ECJ suggests that the committee is considering embarking upon or has purported to embark upon a constituency boundary amendment exercise.

He says that section 67 of the Constitution provides in relevant part that the committee shall submit reports not less than four nor more than six years from the date of the submission of its last report.

Mr. Hylton says he’s been instructed that the committee issued a report in January 2018. He says It would seem to him that six years having passed, it cannot now issue a further report.

KC Hylton says he would appreciate receiving the attorney general’s urgent comments.

Last month the Supreme Court lifted a temporary injunction which had blocked the government from proceeding with the move to turn Portmore into the country’s fifteenth parish.

It also accepted the government’s position that the transition would only come into operation after the completion of the procedure outlined in section 67 of the Constitution regarding the constituency boundaries.