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News
ALICIA DUNKLEY, Observer staff reporter  
January 4, 2007

Teach them a lesson!

ASSISTANT Superintendent at the Fire Prevention Unit of the Jamaica Fire Brigade (JFB), Floyd McLean, has called for more stringent enforcement of the Child Care and Protection Act to prosecute those responsible for children who have died in fires.

Noting that statistics have shown an alarming increase in the number of children who have died in fires over the years, the official said unless the consequences were “swift and harsh” there could be no guarantee that the incidents would be lessened.

“I think we need to get more stringent with respect to the law in how we treat persons who are responsible for these children who are dying in fires. Without that deterrent, there is constantly going to be that sort of problem… We need to deal with it swiftly and harshly,” McLean told the Observer.

JFB statistics show an increase in the number of children who have lost their lives in fires over the last several years. There were four who died 2004, 11 in 2005 and 20 in 2006. Already this year, fire has claimed the life of one child.

Against this background, McLean said there was a need for more investigations into the circumstances surrounding the deaths of the children.

“I am not quite sure the depth the police have gone with respect to children dying in fires, but a deeper check into these fires that occur that involve children will, I believe, show that definitely some of these parents need to be brought to book and charged for the careless way they leave their children,” he said.

McLean added that close to 4,000 fires occurred last year, most of which were caused by “the careless use of fire”.

“We are not looking at any one thing. We are looking at persons using fires carelessly, the misuse of electricity and not necessarily electrical short circuit… but where wires are too old, leading to the breaking away of conduits or overheating. Others are largely due to persons who steal electricity,” he said, adding that not many fires are caused by arson.

The JBF official noted that the problem now being faced could have its roots in a larger social issue.

“We have allowed children to have children. It is the lackadaisical approach to family planning. They are of the mind that they can have a child and still run around going to parties and leaving it unsupervised,” McLean theorised.

Legal officer at the Office of the Children’s Advocate, Sophia Frazer-Binns, told the Observer that legal action can be taken against parents or guardians for leaving their children in circumstances that endanger their lives and health.

Frazer-Binns said provisions under section nine of the Child Care and Protection Act, and section 28 of the Offences Against the Persons Act allow for such people to be charged for “abandonment or cruelty to a child”.

Furthermore she said that “notwithstanding section 28 or nine, the parent can in cases be charged with manslaughter”.

“Once the investigation is done, and there is evidence which supports that the parent’s either abandoning or neglecting the child resulted in the death of the child, there could be a case of manslaughter. Where the child isn’t dead, it could be a case of abandonment or cruelty,” she noted.

She added that the Office of the Children’s Advocate would be conducting its own investigations into incidents where fire claimed the lives of Nikalia Nelson, two, of 7 Newton Street in Falmouth, Trelawny on New Year’s Day and two-year-old Serena Brown and four-year-old Lamar Bennett in Frome, Westmoreland on New Year’s Eve.

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