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Monday, February 13, 2012

Dear Editor,

The swearing-in of Ms Sally Porteous as Custos of Manchester on February 1 puts paid to all the hassle and acrimony surrounding her appointment.

Those of us closer to the drama have seen a real play with main plot and sub-plots and all the nuances of real-life drama.

But having said that, we need to wish the new custos success in her tenure and to seek for closure to this bitterly contested event.

The justices of the peace for Manchester know that their Commission to Service and their Oath of Allegiance is to Jamaica - not to any individual. Their Commission makes them independent of all persons!

We must examine the lessons learnt to avoid repetition in Manchester or in any other parish in Jamaica. Unless we address the issues now, the matter might come back to haunt us.

The first issue has to do with the prime minister's prerogative to name a candidate for appointment and especially how this is handled. In the recent general election, the PNP used the expression "Power for the People" and the people have accepted it, so they expect to participate in whatever is being done, even for them. And we are seeing this "people power" being played out at the parish council level in the selection of candidates for parochial elections. The people want not only to have a voice, but to be "the voice".

The selection of a custos is a people event and the people seek to be involved. Our lawmakers will therefore need to review the relevant guidelines to establish appropriate protocol to be observed in the selection of a candidate to be appointed custos. Such a guideline will indicate that the office of custos is not a partisan political issue and is not reward for political activism, but a recognition of voluntarism demonstrated by the nominee and of impeccable character reference: and of absolute impartiality in dealing with the people. The nominee ought to be a justice of the peace with much experience.

The selection process therefore ought to involve groups, organisations, clubs making their voice heard through a non-political channel, such as the Resident Magistrate for the relevant parish. Such representatives, in consultation with the Resident Magistrate, make a selection of three potential candidates to be directed to the minister of justice who channels these names to the prime minister.

The prime minister, in his or her discretion, may invite such nominees to an interview (separately and individually), and make a final determination. If the prime minister rejects all such nominees, the prime minister should require other nominees "from the people".

Another collateral matter has to do with appointing an Acting Custos when there is a clear vacancy. No aspirant or potential nominee should be invited to act, as it sends a message of preferment which may cause gross disappointment.

From close observation, there could be a shortage of personnel for the office of custos, particularly in rural parishes. Custodes have a responsibility to commission JPs who have not only the character and competent prerequisites, but also the economic wherewithal to sustain the office. JPs should be aware that canvassing is totally prohibited.

The lawmakers need to reconsider and remove any offer of stipend to the office holder of custos, but should make available a well-appointed office with appropriate staff: a valet for official ceremonies (not lower than the rank of corporal, JCF) as well as travel allowances for official duties. The custos should be accorded tax concession to import a vehicle. The age limit for retirement should be reconsidered, as people in good health at age 75 are on top of their game, unless law makers know otherwise.

Having said all this, the new custos must now get on with the task as first citizen, and JPs must get on diligently with their responsibilities to the parish and to the nation.

Herbert L Brown, JP

Former Acting Custos, Manchester

herbertlbrown@live.com

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