ADDRESS
BY
PRIME MINISTER
RT. HON. P.J. PATTERSON
AT
ANNUAL DINNER
OF THE
JAMAICA BAR ASSOCIATION
AT LE MERIDIEN JAMAICA PEGASUS HOTEL
ON
FRIDAY, JULY 31, 1998
Salutations
♦ Delighted to share 1n the celebration of 25th
Anniversary
♦ Unique conviviality of the Bar
UWI LIBRARIES
♦ My failure tonight to say here
♦ "I shall return"
is likely to receive a mixed reaction
• Professional vs. Political
■ Some Brief fees offer more than sufficient
provocation
■ My Practice Certificate is always current
- But I have no present intention of using it
soon
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♦ From time to time, many of us who have chosen to
enter other fields of endeavour, wish we had never
left the practice of law.
♦ I hope however, no matter what, the discipline of the
law will never leave us, no mater where we roam.
" The law is a demanding mistress"
♦ It's imperatives remain to guide us in whatever
tributaries we may flow and whatever tribulations
\7\!e may face. Its ethical mandates are written large
before our eyes. Its logic remains un-blurred by
whatever disciplines we enter.
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It should be a compliment to here " you are speaking
like a lawyer"
♦ Its purposes of justice and equity still highlight a
destination with a magnetism that can be more
compelling than political power or material wealth.
♦ If we speak of law and order as different entities, we
err in this regard.
♦ There can be no order without law
♦ Every society needs rules which we fallow
voluntarily or under threat of sanctions.
Without law, the society will implode
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UWI LIBRARIES
NEW LEGAL FRAMEWORK TO ADDRESS ECONOMIC
REALITY
There is a direct relationship between economic
development and the legal framework
If Jamaica is to survive the rapid changes taking place
in the international market place, we must make the
necessary legislative adjustments.
Otherwise there will be robberies on the global
highway .... the internet
. Laws must be amended, changed or fashioned
to address new realities.
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FINANCIAL SECTOR
The recent developments in the financial and banking
sector are living testimonies that our legal framework
of operation must change to accommodate new
realities.
In this context Government has introduced:
■ Securities Commission's Act
■ Financial Institution's Act
■ Banking (Amendment) Act
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UWI LIBRARIES
■ Copyright Act9 / 67
■ Deposit Insurance Act
■ Building societies (Amendment) Act
Shipping Act
SOON
New Companies Act
Telecommunications Act - being re-fashioned
Amendment to Evidence Act
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UWI LIBRARIES
GOVERNANCE AND THE LAW
The quality of governance in any country cannot
be separated from the nature of that country's
legal framework
The legal regulatory environment should
encourage the full support of all our citizens
It should at all times be predictable, reliable and
accessible
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UWI LIBRARIES
Good governance requires political stability It
also requires a climate of confidence , including a
legal framework that is conducive to promoting
development and property rights, has to protect
the fundamental rights of the citizenry and assure
responsible government and honesty and
transparency in the administration of the state.
Members of the legal profession must be engaged
in the process of constitutional reform
Not only those who are politically
inclined
It is not a just a matter for political parties
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UWI LIBRARIES
All those who have a concept of the kind of
society in which to create economic, social equity
CARIBBEAN COURT OF APPEAL
Under discussion for nearly 30 years
Originated with Organisation of
Commonwealth Bar Associations
Made the first clarion call 1n 1970 to
develop proposals for CCA
I HAVE ALWAYS BEEN A BELIEVER THAT WE
SHOULD NEVER RELY FOR THE FINAL
JUDICIAL DECISIONS BY PERSONS WHO HAVE
BEEN NURTURED IN A FUNDAMENTALLY
DIFFERENT ECONOMIC, SOCIAL OR CULTURAL
SETIING
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UWI LIBRARIES
I have not been a convert because of Pratt and
MORGAN
NEED FOR INDIGENOUS JURISPRUDENCE
Quality of our lives, nature of our relationships
must embody and be psychologically rooted in our
own values and aspirations as Caribbean peoples
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UWI LIBRARIES
JUDICIAL INDEPENDENCE
Can Caribbean provide an independent court?
--Resounding yes
TRINIDAD EXPRESS EDITORIAL
"Who, after all, is better suited to, judge
us-the Privy Council judges, who are certainly
remote from our experience and who, by
definition, are not au cuorant with our society or
our social mores or local magistrates and judges
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UWI LIBRARIES
RECALL FEDERAL SUPREME COURT
Was regarded as a most distinguished Appellate
Bench
Psychologically and intellectually rooted 1n
the Caribbean experience
The names of Sir Arthur Lewis, Sir Donald
Jackman, and Sir Clyde Archer still resonate with
standards of judicial excellence-their judgement
remains part of our cherished legal heritage
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who are steeped in the society's particular modes
and express and behaviour?"
The court should not be seen as another step on
the ladder of judicial promotion
It deserves the best talent, within the legal
fraternity of the Caribbean
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UWI LIBRARIES
JURY SERVICE
Fundamental to our system of justice
Decision of peers
Employers should not treat employees called for
jury duty like union delegates ie no loss of pay
NEW POLICY FRAME WORK
Cabinet approval $ 500 per day
NEW FINES
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UWI LIBRARIES
Avoiding jury duty from $ 200 to $ 4000
Changes effective September 16 1998-07-31
HONESTY AND INTEGRITY
The profession is already the butt of the most
disrespectful
Basis of strength of profession is "ole time honesty
Which manifested itself in respect and honour
Must guard with our lives "Integrity most prized
possession
Settled and endorsed on Counsel's brief
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Be zealous of past reputation
SALUTE TO PAST PRESIDENTS
Continue to flourish
TOAST HEALTH AND PROSPERITY
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