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News
December 10, 2015

DNA debate suspended to today

KINGSTON, Jamaica — Debate on the DNA Bill which was suspended in the Senate yesterday, after issues were raised by members about some of the provisions, is likely to resume today at Gordon House.

Opposition member, Senator Marlene Malahoo Forte, was concerned about Section 29(2) of the Bill, which refers to the expiry of the term of imprisonment determined by the court in respect of an offender convicted in a jurisdiction other than Jamaica.

She pointed to the fact that the provisions related to the transfer of convicts, and that Clause 29 (2) refers to convicts transferred to Jamaica from prisons overseas, or on the basis of a prisoner transfer arrangement.

She questioned whether this was in keeping with the proposal for a prisoner transfer arrangement between Jamaica and the United Kingdom which was raised during the visit to Jamaica of United Kingdom Prime Minister, David Cameron, in September, and his gesture of financial support for a local prison to house Jamaicans in UK prisons.

Senator Golding responded that there was no provision in the Bill for prisoner transfers. However, he accepted that there was no current agreement for prisoners to be sent back to Jamaica to serve portions of their sentences, therefore the clause was related to a scenario that doesn’t exist.

“This Act isn’t dealing with prisoner transfers. It deals with a situation in which a prisoner may have been deported …I am not aware of any current arrangement. I think this is just envisaging a possibility where there could be such an arrangement put in place in the future,” Golding tried to explain.

“I know of what has been spoken about to have a prisoner transfer arrangement coming into Jamaica, and this is the only place I am seeing it,” Senator Malahoo Forte reacted.

She was supported by Government Senator, KD Knight, who felt that if there was any change in policy the Minister would know, and that the clause may have been taken from another similar Bill.

He said otherwise it would be a straightforward policy position, and there would need for changes to other legislations to make it happen.

Senator Golding subsequently agreed to have the debate suspended to accommodate more discussion on the issues raised by the Senators.

Government Senator Lambert Brown objected to Section 49 of the Bill, which deals with the duty of the custodian of the samples or DNA profiles to destroy them, and inform the persons from which they had been taken that were destroyed.

Senator Golding suggested that the taking of the samples should be recorded audio-visually or, where that is not possible, to have the action witnessed by a justice of the peace.

However, he suggested that the debate be delayed to today, to give him time to consult with Minister of National Security, Peter Bunting, who is in charge of the Bill.

Balford Henry

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