Justice ministry is threat to Judiciary: Prof. Ryan

Respected Trinidad and Tobago political scientist Dr Selwyn Ryan is convinced that the proposed Ministry of Justice in the country's draft constitution will be a threat to the independence of the Judiciary.

And he said such a ministry would inevitably lead to conflict between the Executive and the Judiciary.

Ryan made the statements to the Trinidad Express in reference to comments about Prime Minister Patrick Manning, who insists that a justice ministry would improve the administration of justice and not be a threat to judicial independence.

Ryan is one of the people who had been working on a draft constitution but became very uncomfortable with what was happening, especially when Manning announced at a political gathering details of a draft constitution.

He has since left the round table as has the country's foremost constitution expert, former president, Sir Ellis Clarke.

Both men reacted with shock when Manning announced the details of a proposed constitution at a congress of his ruling People's National Movement (PNM).

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Since the initial announcement, the draft has gone through several changes and the round table is now headed by political scientist Dr Hamid Ghany.

Sources say there is no consensus within the PNM on the constitution because some key members are uncomfortable with some of its provisions, including the justice ministry and the powers of an executive president.

They say this is why Manning has embarked on an "education tour" to try to sell the constitution to the public. However, he has restricted his meetings to friendly PNM gatherings.

In Tobago last week Manning told supporters there will be no final decision no final decision on the justice ministry until his administration holds consultations with the Judiciary. However he has sent clear signals that he does not intend to discard the idea.

"Once you set up a Ministry of Justice, you create incentives for the person who is in charge of that ministry to extend his power and influence. There will always be conflict no mater how you structure it," Manning said.

Manning insisted that "there are some aspects of the administration of the judiciary that are best handled by the executive" that do not "encroach on judicial independence", such as "the architecture of the judiciary, the types of courts you have and so on".

But Ryan disagrees. "I don't think I want the Chief Justice or judges involved in the procurement of buildings. There are certain things that should be done by the executive and there are certain things that are and only should be done by the Judiciary and it is where to draw the line," he told the Express.

He said he would prefer to have the Executive, through the Ministry of the Attorney General, provide funding for the Judiciary and dealing with matters such as the building of courts, while leaving the day to day management of the courts up to the Chief Justice, the judges and the magistrates.

Ryan also said based on how the present constitution is structured Manning can appoint a Justice Minister without amending the constitution. He said that "on the face" and in the absence of any detailed research, he thinks Manning can designate whatever ministry he wants "and the constitution does not limit him."