Thursday, January 12, 2012

Public consultation coming on SILK issue: AG

Attorney General Anand Ramlogan has asked the Chairman of the Law Reform Commission to prepare a Green Paper for public consultation and discussion on the appointment of Senior Counsel.

The matter of last month's decision to name 16 new Senior Counsels has caused a national debate on whether it was handled in an appropriate manner. 


A statement from the AG's office Wednesday said the response to the matter has shown that there is need to review many of the concepts, practices and traditions which were inherited from the British Empire.

"The award of Queen's Counsel is a legacy of our colonial past. It is an accolade granted to those who have distinguished themselves in the practice of the law and who have made a significant contribution to the development of the law and the administration of justice," the statement said.

It added, "Upon our attainment of Republican status, the title of Senior Counsel replaced that of Queens Counsel. Fifty years have elapsed since independence and the Attorney General readily accepts that a slavish adherence to tradition is not in keeping with the progressive developmental thrust of an evolving democratic society.

"Accordingly, the time has come to examine the continuing relevance and character of the award and the criteria for the same. This must be done with the widest possible participation of the stakeholders concerned and the public at large. 

"The Attorney General is accordingly grateful that the opportunity has fallen to him to initiate this consultation and discussion through the publication of the proposed Green Paper...

"This British concept has been adopted, adapted and modified in a post colonial West Indian Society in a way that does not accord with English custom. Over the years we have appointed many attorneys as Senior Counsel in honour and recognition of their contribution to the law and legal profession. Many of these Attorneys were not Advocates who practiced at the Bar.

"Our Caribbean neighbours routinely award silk to the Attorney General because he or she is the titular head of the Bar. This practice has been followed in Trinidad and Tobago but not consistently. The Attorney General is of the view that an Attorney General should be entitled to silk as a matter of course. This would be consistent with the practice in many Commonwealth nations.

"The fact that silk has been awarded to a vast and diverse array of attorneys who have contributed to the law and legal profession highlights the ever changing character, intent and policy of the award in our society. 

"Should it be reserved for advocates alone? Were we wrong to award it to non-advocates who have made significant and important contributions outside the theatre of the courtroom? Legal academics, practitioners in family law, conveyances, practitioners in intellectual property law, legal draftsmen, chief law officers of the State, lawyers who serve and contribute to national development by their service in public life and those who do pro bono work for the poor and downtrodden should be eligible to be considered for silk."

The Attorney General said he welcomes "the timely and interesting debate on this issue" and looks forward to receiving the views of all stakeholders as part of the public consultation on this issue. 

He added that he would be grateful to get the views of "the Law Association, individual members of the legal profession, the judiciary, trade unions and NGO's and perhaps most importantly, the general public whose interest lawyers are meant to serve in the pursuit of justice."

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Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai