BRITISH experts on proceeds of crime legislation are likely to be invited to Jamaica by early next year to advise a Joint Select Committee (JSC) of Parliament which yesterday began looking at similar legislation for Jamaica.

“.Since it has been, to a significant degree, modelled on the UK Proceeds of Crime Act, we have an offer from experts involved in their relevant agency that administers that Act to attend the committee and give us some benefit of their experience,” Dr Peter Phillips, the minister of national security and chairman of the committee, told the first meeting.

The bill seeks to address deficiencies in the Drug Offences (Forfeiture of Proceeds) Act which contains provisions for forfeiture, aimed at divesting criminals of the illegal fruits of criminal activities, and will repeal the Money Laundering Act to effect more comprehensive legislation to deal with money laundering.

It would have given the police the necessary powers to confiscate the estimated $100 million fortune left behind by late slain Spanish Town racketeer, Donovan “Bulbie” Bennett. However, it is unlikely to have any bearing on his personal case, as the Opposition has consistently opposed retroactivity in such legislation.

Dr Phillips, told the initial meeting of the committee at Gordon House, that the local bill does not seek to replicate the provisions of the United States’ Racketeer Influenced and Corrupt Organisations (RICO) Act. He said that while the RICO Act concentrates on capturing the proceeds of crime, the local bill would also seek to criminalise association with criminal organisations. The RICO Act was passed in the US in 1970, primarily to destroy the Mafia’s business network.

The United Kingdom’s Proceeds of Crime Act 2002, provides for civil recovery of illegally gained assets through a recovery agency.

The UK’s Assets Recovery Agency (ARA), from the experts are expected to be drawn, was established under their Proceeds of Crime Act in 2002, as part of that government’s efforts to take the profit out of crime and dismantle and disrupt organised crime empires.

As an independent government department, the ARA is required to act outside of political interference.

Yesterday, Opposition spokesman on justice, Delroy Chuck, suggested the need to have the bill posted on websites to ensure the widest public participation. He also suggested that Solicitor General Michael Hylton provide the committee with copies of the United States’ RICO Act and similar legislation from other countries.

Chuck said that while the bill was very important in terms of helping the country to identify areas of money laundering, at the same time, it was important to ensure that innocent persons are not unnecessarily harassed, and that the bill does not give the state unneeded powers to look into personal financial transactions involving large amounts of money.

He suggested that the Bar Association of Jamaica, the Bankers Association and other interested parties be invited to participate.

Phillips, in response, said that he would make whatever effort was needed to ensure that the bill is available to the public, including seeking the assistance of his ministry to get it printed on Parliament’s website.

Hylton agreed to provide copies of other similar legislation for the committee.

In the meantime, committee member Dr Morais Guy highlighted the need for urgency in passing the bill and the widest public participation.

The committee will meet again on December 14 at Gordon House. Civic groups are to be invited to make submissions by the first week of January.

– balfordh@jamaicaobserver.com