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The constitutional path forward for Jamaica’s proposed Crown Lands Reform Bill has become murkier, with Speaker of the House Juliet Holness formally asking the Attorney General to weigh in on the legislation. According to the Jamaica Observer, Holness made the announcement during a House sitting on Tuesday, explaining that she had received a revised version of the Bill on Saturday and decided not to table it pending legal review.
The referral marks a significant escalation in tensions between Holness and Opposition Leader Mark Golding, who introduced the private member’s Bill seeking to streamline the process for Jamaicans occupying Crown lands over extended periods to gain legal ownership. Golding has previously criticized the Speaker’s reliance on Parliament’s legal counsel and argued that constitutional questions should be addressed during debate or by the Attorney General’s Chambers as part of the legislative process, rather than by the Speaker before tabling.
Holness defended her constitutional responsibility to ensure the House does not proceed with legislation that would violate the Constitution. She noted that Parliament’s legal counsel had identified three problematic provisions in the original Bill, two of which Golding’s revisions addressed. However, concerns relating to Section 55(3) of the Constitution remained unresolved, prompting her decision to seek the Attorney General’s independent assessment of both the original and latest versions.
The Speaker emphasized that her role is not to judge the merits of land reform itself, but to determine whether Parliament can lawfully proceed. She acknowledged that members may disagree with legal advice and her decisions, but stated she would not allow such disagreement to undermine the professional standing of Parliament’s legal advisors or the authority of the Speaker’s office.
Golding has disputed Holness’s characterization of events, maintaining that he was prevented from tabling the Bill and that constitutional questions should not have been determined by the Speaker at the introduction stage. The Attorney General’s review now becomes the next critical juncture in determining whether the legislation can advance.
Crown lands reform has been a longstanding policy objective in Jamaica, with the proposed Bill designed to regularize the tenure of residents who have occupied government-owned land for years without formal legal title. The constitutional questions at issue relate to whether the legislation complies with Section 55 of the Constitution, which governs property rights and state authority over land.
Land tenure and property rights remain critical issues across the Caribbean, where informal occupation of government and private lands affects thousands of residents. Jamaica’s effort to formalize these arrangements through legislation could serve as a model—or cautionary tale—for other Caribbean nations grappling with similar challenges.
Sources and attribution
- Jamaica Observer
- Golding pushes back at House Speaker over Crown Lands bill
- Not True: House Speaker says Golding was not blocked from tabling Crown Lands bill
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