 Mr. Speaker, this is a historic day in the history of the people of Central Asia, Mr. Speaker. Mr. Speaker, it is historic because we as the people are showing that we have confidence in ourselves, that we have confidence in our jurisprudence and we have confidence in the people of the region, Mr. Speaker. I'm Mr. Speaker, I'm proud and happy to be working with the men and women of the cabinet, the parliament, Mr. Speaker. And I want to thank the members of the session committee for the work they've done so far. And I'm sure that this work is going to continue, Mr. Speaker. Also, I want to pay special mention to the former prime minister, the Honourable Dr. Kenny Anthony, who began this journey into what is going to happen today, Mr. Speaker. This journey into manhood, this journey into confidence, and this journey into causing ourselves to be masters of our own destiny, Mr. Speaker. I want to thank Dr. Anthony for starting this process, Mr. Speaker. Mr. Speaker, the bill for consideration is the constitution of St. Lucia amendment bill. Mr. Speaker, the purpose of the bill is to amend the constitution of St. Lucia, cap 1.0 on the Act, to modify provisions that allow for appeals to a Majesty Council and so provide for appeals to the Caribbean Court of Justice. Clause 1 of the bill contains a short title of the bill and clause 2 of the bill provides for the interpretation of the bill. Section 164 of the Act, enforcement of protected provisions, is amended in clause 3 of the bill, so that where a question is referred to the High Court in pursuance of section 3 of that section, the High Court shall give its decision on the question and the court in which the question arose shall dispose of the case in accordance with the decision, or if the decision is the subject of an appeal to the Court of Appeal to the Caribbean Court of Justice, rather than Her Majesty in Council, in accordance with the decision of the Court of Appeal or the Caribbean Court of Justice, rather than to Her Majesty in Council. By virtue of clause 4 of the bill, section 81 of the Act, interpretation and savings, is amended to remove the references to Her Majesty in Council and to substitute the Caribbean Court of Justice in the definition of the wood courts. In clause 5 of the bill, section 41-7 of the Act, alteration of the Constitution and Supreme Court Order is amended in paragraph E by changing section 107 to section 108 and referring to the Caribbean Court of Justice rather than Her Majesty in Council. This means that a referendum will not be required to alter the provisions relating to appeals to the Caribbean Court of Justice. Clause 6 of the bill, amend section 73-5 of the Act, control of public prosecutions, so that for the purpose of that section an appeal from a judgment in criminal proceedings before a court or a case stated or question of law reserved for the purpose of these proceedings to another court, including the Caribbean Court of Justice, rather than Her Majesty in Council, is deemed to be part of the proceedings. On the clause 7 of the bill, section 106-2 of the Act, reference of constitutional questions to High Court is amended, so that where a question is referred to the High Court in pursuance of the section, the High Court will give a decision on the question and the court in which the question arose will dispose of the case in accordance with the decision, or if the decision is subject to an appeal to the court of appeal or Caribbean Court of Justice rather than Her Majesty in Council in accordance with the decision of the court of appeal or as the case may be, the Caribbean Court of Justice rather than Her Majesty in Council. Section 108 of the Act appeals to a Majesty in Council is substituted in clause 8 of the bill to make an appeal from a decision of the court of appeal possible to the Caribbean Court of Justice rather than Her Majesty in Council. A new section 108A of the Act, abolition of appeals to a Majesty in Council is instituted on the clause 9 of the bill to abolish appeals to a Majesty in Council. Clause 10 of the bill, amend section 1241 of the Act interpretation to include definitions for the words Caribbean Court of Justice and Agreement and to include in definition of court the Caribbean Court of Justice. Mr Speaker, these amendments to the constitution of Saint Lucia would mean that all appeals to any matter taken up in the law court in Saint Lucia the final appeal will be to the Caribbean Court of Justice Mr Speaker instead of the Privy Council. This is the sum total of what we are doing today Mr Speaker. As I said earlier, the journey, this journey towards the point we are here today was continued in 2014 when the matter of a referendum was cleared by the court of appeal Mr Speaker saying that there was no referendum needed if Saint Lucia had to move from the Privy Council to the Court of Appeal. That was cleared by the Supreme Court of the Eastern Caribbean Supreme Court Mr Speaker. It was cleared, the Court of Appeal. That was cleared. So that means that there was concurrence that we did not need a referendum to make the transition from the Privy Council to the Caribbean Court of Justice Mr Speaker. That was cleared from 2014. There is no legal basis for a referendum and that was cleared. And it is very important Mr Speaker that we repeat that. We repeat it Mr Speaker. However, the need for a referendum was cleared by the Eastern Caribbean Court of Appeal. So Mr Speaker, the Labour Party in its manifesto in the last general election of 2021 on page 28 of the manifesto Mr Speaker and I quote, here is what the manifesto said. It said, we will commence the process for the ascension to the Caribbean Court of Justice as Saint Lucia's final appellant court as the replacement to the Privy Council. That was clearly stated in the manifesto of the Saint Lucia Labour Party in the 2021 general election Mr Speaker. And on the 26th of July 2021, the people voted for the Labour Party We were resounding victory of 14 seats to two Mr Speaker and we were joined by two other members giving us a majority of 15 seats to two. That was clear Mr Speaker in the manifesto Mr Speaker. On the 29th of March 2022 Mr Speaker, the Governor General in his thrown speech announced that the government intended to terminate its relationship with the Privy Council. He said it in clear and certain terms Mr Speaker on the 29th of March in his budget address Mr Speaker. In his thrown speech it was clear and the thrown speech is normally the policy of the government Mr Speaker. In my budget address on the 26th of April 2022, I stated clearly on page 50 and announced that a committee chaired by an ex judge had been tasked to assist in the process of ascension to the Caribbean Court of Justice through public education etc. That was stated clearly in my budget address on the 26th of April 2022 Mr Speaker. Mr Speaker continuing the process. On the 30th of March 2022 a letter was written to the Foreign Secretary requesting agreement to amend the constitution to terminate jurisdiction of the Privy Council. That letter was written to the Foreign Secretary, the British Foreign Secretary Mr Speaker to inform her and to ask permission if you want to say to let us leave the Privy Council. The Foreign Secretary responded Mr Speaker on the 10th of August 2022. And for the purposes of the record Mr Speaker and for certainty and clarity I will read the letter that came from the Foreign and Court of Development Office Mr Speaker. The letter ends. Dear Prime Minister, thank you for your letter of 30th March addressed to the Foreign Secretary requesting agreement to amend specified sections of the constitution of Senusia that will have the effect of terminating the jurisdiction of the judicial committee of the Privy Council. JCPC in relation to appeals from any court having jurisdiction in Senusia and to exceed to the jurisdiction of the Caribbean Court of Justice. I apologize for the delayed response. The Foreign Secretary has asked me to reply. The British government has always taken the view that it is a matter for the government and people of the country concerned in the case of Senusia to decide whether or not to avail themselves of the jurisdiction of the JCPC. I can therefore confirm that this is a matter for you to progress via legal and political channels and you should write to me again for ministerial sign of when the preparatory work has been completed. Your sincerely Vicky Ford, Minister for Africa, Latin America and the Caribbean. This is the letter that came from the Foreign and Court of Development Office Mr Speaker to respond to my letter on the 40th of March informing them that we intended to cease our association with the Privy Council Mr Speaker. Mr Speaker, a draft bill was laid before this Honorable House on the 11th of October 2022 for the first reading of that amendment to the constitution Mr Speaker. Mr Speaker, that is keeping in the provision of the constitution section 4160 of the constitution that stipulates that there must be a delay of 90 days before the first and second reading of any bill that will amend the constitution of Senusia Mr Speaker. There must be a delay, there must be a time span of 90 days between the first reading and the second and subsequent reading. And if you check Mr Speaker you will see in excess of 90 days between the length of October and today Mr Speaker. So Mr Speaker it is clear that all the constitution requirements have been met for us to amend the constitution Mr Speaker. All the constitution requirements, all what is required by the constitution, no need for a referendum put in the bill for the first reading and 90 days between the first reading and the subsequent second and food readings that has been done and that is clear Mr Speaker. Mr Speaker, let us talk a little bit about the structure of the Caribbean Court of Justice Mr Speaker. Mr Speaker, it has two distinct jurisdictions. One of them is interpreting and applying the revised treaty of Chagoramas which determines how the CSME works and Senusia and other curriculum states of curriculum have already acceded to the jurisdiction of the court in the CSME. So Senusia is already a part of the Caribbean Court of Justice as it relates to interpretation of the revised treaty of Chagoramas. Senusia is already part of that set of Mr Speaker. The original jurisdiction of the Caribbean Court of Justice Mr Speaker. Mr Speaker, the Caribbean Court of Justice as a resplacement to the prerequisite is already incorporated into the laws of Senusia but they will allow the lawyers to expand more on that notion Mr Speaker. Mr Speaker, you hear the complaints or the accusations that the court will not be independent. Mr Speaker, please listen to how the Caribbean Court of Justice is financed Mr Speaker. It's financed from the proceeds of a trust fund of I think 100 million US dollars to which Senusia has already invested 2.1 million dollars Mr Speaker. That means Mr Speaker that no government can say I am not paying today because you did not rule in my favor Mr Speaker. That 100 million dollars has been put in a trust fund and that trust fund is managed by trustees and they say how to invest the money, how to invest the funds so you can get a return so the court can meet its obligations to pay salaries etc. So no prime minister can say he is withdrawing his contribution for the court because they are not Mr Speaker. So that means there is no political pressure as far as funding of the court is considered Mr Speaker. The other point of contention Mr Speaker that they want to bring is they say that the judges will not be independent and because judges are chosen by politicians Mr Speaker. Again very wrong Mr Speaker and please allow me to tell you how the judges are selected in the court Mr Speaker. The judges are selected by regional judicial and legal services commission that is independent from political control or influence. The president of the court is the chairman and Mr Speaker let me read for you the composition of the regional judicial and legal services commission. On page 4 Mr Speaker of the agreement that set up the it is clear who is in the regional judicial and legal services commission and let me quote Mr Speaker from that agreement. Mr Speaker the regional and judicial services commission is made up of the following persons. The president who shall be chairman of the commission. Two persons nominated jointly by the organization of the Commonwealth Caribbean Bar Association and the organization of eastern Caribbean states the Bar Association. Mr Speaker it is not my habit of calling names in this Honourable House. I was referring from calling names of private citizens in this Honourable House Mr Speaker but when Mr Speaker in a serious matter like that you have people's names are bandied around for political purposes Mr Speaker it is unfair and I'll ask you leave to mention the name Mr Speaker. The name of Thaddeus Antoine has been bandied around even to imply that Thaddeus Antoine is an operative of the solution Labour Party and he'll be able to influence the appointment of judges. Mr Speaker Thaddeus Antoine was not appointed by the Labour Party. Thaddeus Antoine is there because of his position on the organization of eastern Caribbean states Bar Association by his office Mr Speaker. The Labour Party has absolutely no say in appointing anybody in that situation. Mr Speaker again I don't want to mention names but it's very important that I mention names to me because Mr Speaker people just say these things they put on social media they damage people's reputation they call people all kinds of names Mr Speaker. Mr Speaker let me tell you the names of Saint Lucians who have served on this commission Mr Speaker the right Honourable Deceased Servancing Floaster was here appointing an appointment of the Labour Party Mr. Egbert Lannell was here appointing the Labour Party Mr. Everistas Jamari Mr. Tyrone Chong and surprise surprise Mr. Frank Miles I guess he was appointed the Labour Party too. Mr. Speaker these are the people who have solutions have been on the original judicial and services commission Mr. Speaker but they continue the lies and they continue the deformation of people's characters Mr. Speaker the chairman of the judicial service commission of a contracted party selected in rotation in the English alphabetical order for a period of three years you see how much caution precaution is taken Mr Speaker let me tell you let me read for you again one chairman of the judicial services commission of a contracting party selected in rotation in the English alphabetical order for a period of three years the chairman of the public service commission of a contracting party selected in rotation in the reverse English alphabetical order for a period of three years alphabetical order for a period of three years in reverse Dylan was in rotation not in reverse two persons from civil society nominated jointly by the secretary general of the committee and the director general of the OECS for a period of three years following consultations with regional non-governmental associations NGOs Mr. Speaker two distinguished jurists nominated jointly by the dean of the faculty of law of the University of the West Indies the deans of the faculties of law of any other contracting parties and the chairman of the council of legal education Mr. Speaker allow me to break Mr. Speaker to publicly put on record my congratulations to professor Rosemary Antoine who is now the principal of the St. Augustine campus and I know a member inside the head knows her very well to the other members of the judicial and legal commission two persons nominated jointly by the bar or law associations of the contracting party Mr. Speaker that these are the people who choose the judges these are the people Mr. Speaker these are the ones who choose the judges Mr. Speaker and they bring far back to the labor party Mr. Speaker further the judges of the court other than the president shall be appointed or removed by a majority vote of all the members of the commission a majority vote of all the members of the commission Mr. Speaker and that is stipulated in page 3 of the agreement Mr. Speaker Mr. Speaker the president is appointed or removed by the qualified majority Mr. Speaker the president shall be appointed or removed by the qualified majority of three quarters of the contracting parties on the recommendation of a commission of inquiry or tribunal three quarters the president shall be appointed or removed by the qualified majority of three quarters of the contracting parties the judges of the court other than the president shall be appointed or removed by a majority vote of all the members of the commission Mr. Speaker this is how judges are chosen and this is how judges are dismissed Mr. Speaker further on page 8 Mr. Speaker listen to how judges can be removed also a judge may be removed from office only by only for inability to perform the functions of his office whether arising from illness or any other cause of misbehaviour and shall not be so removed except in accordance with the provisions of this article Mr. Speaker subject to article 4 paragraph 5 the president shall be removed from office by the heads of government on the recommendation of the commission if the question of removal of the president has been referred to by the heads of government to a tribunal and the tribunal has advised the commission that the president ought to be removed from office for inability to misbehave Mr. Speaker in paragraph 4 a tribunal force that is the system Mr. Speaker if at least three heads of government in the case of the president should be represent to the other heads of government or if the commission decides in the case of any other judge that the question of removal of the president or the judge of office ought to be investigated then the heads of government or the commission shall appoint a tribunal which shall consist of a chairman on not less than two other members selected by the heads of government or the commission as the case may be and they shall be asked the constitution and what the recommendations as maybe considered experiment from among persons who hold or they have helped as a judge or unlimited jurisdictionение civil and acumenal matters in some part of the common whatever the speaker or if in state exercising civil law jurisprudence and advise the heads of government or the commission as the case may be whether or not the present judge ought to be removed from office. These are the conditions Mr. Speaker in an agreement and that agreement was signed Mr. Speaker from it was signed Mr. Speaker by the heads of government less tabood 14 February 2001 or an offer February February 2001 Said Musa February 2001 Keith Mitchell February 21 Clement Roy for the government of Ghana February 21 Percival Jay Patterson for the government of Jamaica 14 February 2001 Denzil Douglas for the government of some kids 14 February 21 Kennedy Anthony for the government of St. Lucia 14 February 2001 and Ralph Gonzalez for the government of St. Vincent 15 February 2003 and the government of the republic of Venice of Suriname 14 February 2001 and Bazio Pandi for the government of Suriname and Tobago 14 February 2001 Mr. Speaker that is the agreement Mr. Speaker that established the Caribbean Court of Justice Mr. Speaker Mr. Speaker so what we do today Mr. Speaker what we do today Mr. Speaker is since St. Lucia already is involved in the Caribbean Court of Justice as far as matters that do not relate to criminality etc matters according to the revised treaty of Chagoramas Mr. Speaker we are taking the next logical step Mr. Speaker the next logical step which is making the Caribbean Court of Justice the final appellant court for all matters that relate to St. Lucia Mr. Speaker the CCJ will make justice accessible to the people of St. Lucia for the last 16 years Mr. Speaker there's only have only been 17 cases that have gone to the PIVI council for the last 16 years only 17 cases from St. Lucia has gone to the PIVI council an average of one case pull yeah and you talking about justice being accessible you know why Mr. Speaker because the ordinary seduction cannot afford to go to the PIVI council it's inconvenient Mr. Speaker and it's costly and the Caribbean Court of Justice Mr. Speaker what it has made justice more accessible to the regularly ordinary person in the country including criminals including people who have been charged have been convicted for criminal offenses it makes justice justice accessible to them so they can get a free and fair trial at all levels Mr. Speaker of this at all levels Mr. Speaker of the justice system Mr. Speaker so Mr. Speaker I think today the choice that we are making Mr. Speaker is whether we think that we are capable of making quality independent judicial decisions Mr. Speaker Mr. Speaker whether we have the intellectual and moral capability to produce woody judges in a country that has produced two Nobel laureates Mr. Speaker whether we can produce legal luminaries at the level of national courts and the OECS court of appeal but not at the highest level Mr. Speaker I refuse to accept that Mr. Speaker I refuse to accept that that we cannot have a group of men and women seven men and women who after this rigorous procedure cannot deliver justice fairly Mr. Speaker to the bill and talking about the judges Mr. Speaker you must note that the judges do not have to come from the region they can come from anywhere in the world right now there's somebody from the Netherlands who is a member of the Parliament of Justice Mr. Speaker so we can take we can get talent once the talent meets the requirements of the agreement Mr. Speaker and the agreement says in making appointments to the office of the judge regard shall be had to the following criteria high moral character intellectual and analytical ability sound judgment integrity and understanding of people and society understanding of people and society Mr. Speaker so Alan Lewis was a federal Supreme Court judge doing the West Indies Federation so Danny Alexander could have been the chief justice of Nigeria Mr. Speaker was the chief justice of Nigeria so so darling so darling so these are solutions Mr. Speaker Mr. Speaker there are other significant members of the judiciary who have become judges Dennis Byron the Vincent Frosa men of impeccable legal ability who have done the job in that case one of them being the president of the Caribbean Court of Justice Mr. Speaker so Mr. Speaker I think it is a shame that as a people we should we should be so afraid of ourselves as a people we should have so much such lack of confidence in our ability as a nation to be skeptical or even to oppose the Caribbean Court of Justice has been the final court of opinion Mr. Speaker when all the limitations when all effort has been taken to ensure that the court is independent that the court is free of political influences and that the judges in the court are men of high judicial knowledge and experience Mr. Speaker Mr. Speaker on 14 of February when Prime Minister Kenny Antin of Sen Lusha signed the agreement establishing the CCJ Sen Lusha subsequently ratified this agreement Sen Lusha as a contracting party agreed that decisions of the Scott of appeal will lie to the CCJ CCJ a session to the appellant position of CCJ will ensure that Sen Lusha falls into full compliance with the solemn international obligation completing the groundwork carefully lead by Dr. Antin Sen Lusha has contributed his first share to the CCJ trust fund whose purpose is to provide the resources necessary to finance the capital and operating budget of the courts and the commission for a long time Sen Lusha has therefore paid millions of dollars for an asset which it is not making use of Mr. Speaker the jurisprudence of the CCJ is regarded regionally internationally with the utmost respect decisions of the CCJ are cited with approval in other courts regionally internationally including including judicial committee of the previous council the legal profession in Ghana, Barbados, Belize and Dominica are fully satisfied with the jurisprudence and services offered by the CCJ Mr. Speaker the argument is used sometimes self-serving argument that only four countries are members of the CCJ as far as a final appellant court is bigger but Mr. Speaker the argument is flawed because the constitutions of this country these countries are basically different and Sen Lusha tested it when we sought an opinion from the court as to whether solution needs a referendum to go into the CCJ Mr. Speaker a referendum to go to the CCJ will most likely not yield the results of what it is therefore which is to go into the CCJ because politicians will intervene politicians will interfere politicians will cloud the will cloud the judgment and we may get a situation where it does not truly reflect the pros and cons Mr. Speaker of going into the CCJ Mr. Speaker and there is no legal basis for a referendum Mr. Speaker Mr. Speaker it is more expensive very expensive to pursue an appeal to the to the previous council Mr. Speaker than it is to appeal to the court of justice indeed Mr. Speaker pursuing an appeal to the previous council is cost prohibitive that is why there's only been an average of one appeal per year for the last for the last 60 years Mr. Speaker ascension to the CCJ makes it possible for more people to appeal to the highest court Mr. Speaker the CCJ's case filing and case management is second to none long before the pandemic the CCJ model electronic filing and electronic case management well ahead of other courts in the region Mr. Speaker Mr. Speaker unlike the OECS state of Guinea Antigone Barbados I've said to before St. Lucia does not need a referendum to exceed to the CCJ and this has been confirmed I said several times before but he's in crime and called what being Mr. Speaker Mr. Speaker nor it is ideal that the step be taken by popular popular referendum Mr. Speaker Mr. Speaker none of the momentum steps institutional history was referred to a referendum Mr. Speaker there was no referendum to impose slavery on us we never went to a referendum to say whether we should be slaves or to have universal as a suffrage Mr. Speaker or to join the West Indies Federation or to become an associated state or to become independent Mr. Speaker we as a government having met all the requirements having stated to the people that that is our intention having formed a committee of ascension to the CCJ and that committee will continue his work Mr. Speaker we have and having the necessary majority in parliament we have a legal we have a constitutional and we have a moral right to take St. Lucia into the Caribbean court of justice Mr. Speaker Mr. Speaker I wish to say Mr. Speaker that going to the CCJ is the right thing to do Mr. Speaker justice cannot be the preview of a few Mr. Speaker all solutions all citizens have a right to justice at the highest level Mr. Speaker Mr. Speaker I in closing Mr. Speaker I really wish to say that it's a shame Mr. Speaker that in 2023 we can have people who still believe that colonialism had a conscience who still believe Mr. Speaker that the people of this region cannot determine their own destiny that we cannot find a group nine seven or nine men and women of a high intellectual and judicial value and respect who cannot take decisions after the system from the Magical Court to the High Court to the Supreme Court they cannot take decisions based on what happened down there Mrs. Speaker it's a shame Mrs. Speaker and I'm very happy that the young people of St Lucia are listening are listening to those who do not want to give them a chance who do not want to allow them to reach the highest levels of intellectual of scientific of political levels in this country who believe that they are not capable who believe that we have to only go to our colonial masters who believe that what exists outside in Canada is better what exists in St Lucia who are ashamed to say that they are products of St Lucia but instead they are products of Canada Mrs. Speaker I'm happy that the young people of St Lucia are listening Mrs. Speaker and this giant step and as I said before this giant step started by Kenny Anthony and continuing with us Mrs. Speaker that is how we are we are we are river we flow we are stream Mrs. Speaker it starts one end and ends somewhere else Mrs. Speaker and today this government this Labour Party government is enforcing and showing its confidence after following all the constitutional and consultative requirements we are proud to see that we're going to ask this house to finally remove us from the shackles of colonialism and sang them for the time but we consider them we thank you but our time has come to go we love you but we can't save you any longer thank you Mrs. Speaker