His remarks come against the background of a recent comment by the prime minister on eligibility criteria for membership to parliament.

Bruce Golding had said he was seeking consensus with the opposition People's National Party to amend a constitutional provision dealing with the qualification for membership in parliament.

'This was absurd'

The prime minister had expressed concern about a provision which would disqualify a Jamaican with dual citizenship but would allow any Commonwealth citizen to run for office, if that person lived in Jamaica for a year before Nomination Day. According to Golding, this was absurd.

But Senator Nicholson argued that this "absurdity" was not a matter that the Golding administration or the entire parliament, properly constituted or not, could change by themselves.

"This means that any amendment of the provisions contained in that section requires a vote by the electorate by means of a referendum," said Nicholson yesterday in a release.

The former attorney general said that while the Constitution outlined the grounds for disqualification of members from the House and Senate the first requirement for qualification was Commonwealth citizenship.

"The framers of the Constitution were satisfied that, though parliamentarians may decide who will be disqualified from sitting with them, only their employers, the people, will decide who may sit there in the first place," he added.

Senator Nicholson said any agreement between the governing party and the Opposition on the matter could only represent the start of the process to amend the Constitution.

At present, three Jamaica Labour Party members of parliament (MPs) are facing court challenges for allegedly pledging allegiance to a foreign power.

If they are found in breach of the constitutional provision dealing with sworn allegiance to a foreign power, the MPs could be booted from parliament by the court.

However, like their colleague Daryl Vaz who was ousted by the court, they might have to return to the polls in a by-election to try and reclaim a place in the legislature.