Last week's summary ruling by the Supreme Court that Gregory Mair was ineligible for membership in the country's Parliament at the time of his nomination for the 2007 general election, and the by-election it has triggered for North East St Catherine, has again focused attention on the issue of dual citizenship and its impact on the right to sit in the legislature.

It is not an issue that will end with the June 16 by-election in North East St Catherine where Mr Mair, having renounced his Venezuelan citizenship, will again be the standard-bearer of the Jamaican Labour Party (JLP) against Granville Valentine for the Opposition People's National Party (PNP). For there are two more of these PNP-inspired challenges against sitting MPs: Shahine Robinson in North East St Ann, and Michael Stern in North West Clarendon. Moreover, the JLP has threatened court action against PNP parliamentarians who may be in the same position, the most apparent target at this stage being Sharon Hay-Webster.

Constitutional provision

Neither is it a matter than can be easily fudged, given the deeply entrenched constitutional provision governing qualification to be a member of Parliament. Any overhaul, on the face of it, will require not only legislative action, but approval by the people in a referendum. But a governing party, especially one with a slim majority, is likely to consider a plebiscite politically risky. Such fears are exacerbated by the baggage from nearly a half century ago when people voted against the wishes of the PNP administration of the time, and opted for the island's withdrawal from the West Indies Federation. Clearly, therefore, as we have urged in the past, this matter insists upon serious discussion between the parties and their mature engagement of the people, rather than partisan harangues aimed at their bases.

While we respect the motivations and intent of the framers of the Constitution, we agree with Prime Minister Golding - and the justices of the Court of Appeal in their ruling in the Daryl Vaz case - that there is an absurdity in the fact that a citizen of a Commonwealth country, who has lived in Jamaica for a year, is eligible to be a member of Parliament, while a Jamaican, who has become a citizen of a non-Commonwealth country, is disqualified.

Under acknowledgement ...

Essentially, therefore, the vast numbers of Jamaicans, who, by virtue of their own act, are citizens of, say, the United States, can't be members of Parliament, while a Jamaican, who, by similar process, is "under acknowledgement of allegiance, obedience or adherence" to Canada, is qualified.

Indeed, Kenneth Rowe was under such obligation to Canada when he contested a by-election against Mr Vaz - who has "regularised" his status - suggesting that the PNP, at least in that case, was more concerned with merely fulfilling the letter of the law rather than the broader principle of undivided fealty to the country. In other words, the PNP, based on its action in the West Portland by-election - and current membership of the legislature - cannot claim to adhere to a philosophy that precludes people who hold citizenship other than Jamaican from sitting in Parliament.

The party has a point - that there are other outstanding constitutional issues to be dealt with and ought be dealt with. But this one, we feel, is a priority.

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