Chief Justice Ivor Archie is calling for urgent constitutional reform to give the Judiciary greater financial autonomy. In his opening address at the start of the 2014/2015 law term yesterday, Archie claimed an insufficient annual budget allocation and delays in the Government’s release of funds were the main problems affecting the Judiciary.
“The truth is that if anyone tried to run a business the way we run the government it would buss!” Archie said as he politely criticised the existing public sector financing model used for the Judiciary and other major State agencies. Archie noted that the Judiciary was funded using the same system as applied to government ministries which was susceptible to occasional irrational budget cuts.
“The danger is that it may be done without careful consideration to the judiciary’s internal priorities which may not be fully understood and may not be the same as other state actors,” Archie said. He also suggested the current system opened the Judiciary to neglect from politicians.
“The Judiciary has been a de facto pillar of stability in this society from even before independence. It goes without saying that politicians, MPs, ministers and budget administrators may be easily lulled into thinking that judicial affairs may not be a front-burner issue,” Archie said.
To illustrate his point, Archie revealed that in last year’s budget the Judiciary was given only 50 per cent of its development programme budget while no allocation was made for the running of the Family Court which caused a $25 million shortfall. He claimed issues with delays in the release of Judiciary funding was preventing it from meeting its financial commitments to suppliers and contractors.
“Not only were contractors not paid on time but many essential projects and contracts came to an abrupt halt. Those that continued without payment did so in good faith,” Archie said. He also said the outdated system was hindering the Judiciary’s ability to attract competent staff to fill several key management positions.
Archie said: “At the moment, there are some of the management positions left unfilled, largely or exclusively due to the inability to attract top talent by paying realistic salaries. How can we effectively manage and pursue innovation in those circumstances?” he asked. He was critical of delays in the construction of several judicial centres which he said would help improve efficiency and reduce the backlog in the criminal justice system.
“Between 2010 and 2015 the country would have spent something in the order of $300 billion and we have not gotten any of the judicial complexes off the ground,” Archie told the audience at the Hall of Justice, which included Prime Minister Kamla Persad-Bissessar, Attorney General Anand Ramlogan and Justice Minister Emmanuel George. He noted the delay in the centres was also affecting the Judiciary’s ability to hire new judges.
“Right now we have shortlisted judges for recruitment but we can’t take them on board because we have nowhere to put them,” Archie said. In closing his lengthy speech, Archie recommended a new system which afforded the Judiciary a fixed percentage of the annual national budget...
“...A funding model that respects the independence of the Judiciary, that gives us a fair share of the national budget, that does not depend on the goodwill of whoever happens to hold the executive reins, that allows for rational and efficient management of funds and is responsive to long-term needs as well as immediate environmental shifts, while retaining transparency and accountability,” Archie said.