The Report of the Constitutional Reform Commission (CRC) dated July 17, 1997, recommended at clause 9.9.3.4. that the Chancellor and Chief Justice should be appointed through a ‘consensual mechanism.’ Both the Independence and the Burnham Constitutions had provided that for certain appointments, including the Chancellor (after the Court of Appeal and the post of Chancellor was created in 1970) and Chief Justice, the Head of Government must ‘consult’ with the Leader of the Opposition. As everyone knows, these ‘consultations’ became a perfunctory farce during Burnham’s time in office but was somewhat mitigated during Hoyte’s tenure.
By the time the CRC was deliberating in 1999, the situation in relation to consultation had changed. The PPP/C had been in Government since 1992, and had begun to observe the provisions of the Constitution relating to consultation with the Opposition. However, during the deliberations in the CRC, members felt that in order to prevent a situation such as existed during the PNC’s terms of office from recurring, it was necessary to strengthen the language, and thereby the practice, about consultation. Thus wherever consultation was provided for in the Constitution, the word ‘meaningful’ was added so that the requirement became ‘meaningful consultation.’