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ALICIA DUNKLEY, Observer staff reporter  
March 29, 2007

Child pornography, video testimony laws this year, says Gov’t

Laws to make child pornography a criminal offence and allowing witnesses to testify using live video links are among seven which the Government said it intends to push through the legislature this parliamentary year.

Giving an overview of the Portia Simpson Miller Administration’s goals for 2007-2008, Governor-General Professor Kenneth Hall also announced that the Government intended to pass into law an Obscene Publication (Amendment) Bill, to increase fines and custodial sentences and modernise the regime of the existing Act, as well as a Data Protection Act as a companion legislation to the Electronic Transactions Bill.

The Child Pornography Bill will make the production, possession and distribution of child pornography a criminal offence and prohibit and prosecute offences against children.

The Evidence (Amendment) Bill will facilitate the use of “live” television links for the protection of vulnerable, endangered witnesses as well as witnesses outside of Jamaica.

Other legislation that the Government said it would give focus include a Petroleum Quality Control (Amendment) Bill and its Regulations, a Petroleum (Companies) Bill and Regulations, and the Petroleum and Oil Fuel (Landing and Storage) Amendment Bill, to deal with provisions for safety measures for the conveyance and storage of petroleum to better regulate the licensing regime and strengthen the procedure for testing petroleum and petroleum products. Hall said the Government would continue to make securing long-term supplies of fuel at stable prices a priority, given the cost and importance of the commodity to the economy.

The administration also proposed to secure the passage of a number of Bills which have already been placed on the Parliament’s agenda, among them the Charter of Rights Bill to replace the existing chapter three of the Constitution, providing more comprehensive protection for the fundamental rights and freedoms of persons; the Incest Punishment Bill to increase the penalty for incest and widen the categories of prohibited relationships; and the Offences Against the Person (Amendment) Bill to establish a modern approach to dealing with the sexual abuse of women, children and the vulnerable.

With the general elections constitutionally due in October this year, the governor-general said the “matter of transparent and realistic financing of political parties remains an important one”.

He said the Government anticipated working with the Opposition to find meaningful solutions.

Regarding the approvals process, Hall said this was “nowhere near the desired level of efficiency and effectiveness that is desired” and would be addressed through legislative and administrative changes; the streamlining of the ‘division of labour’ between the various agencies in Central and Local Government; and the delegation of appropriate authority to the executives of approval bodies.

He said the Government would seek to ensure that the process of approvals was as objective as possible and not subject to “regulatory capture” by either those who favour approvals of development proposals or those who are against them.

The governor-general said an immediate step in this direction would be the launching of a Development and Investment Manual within a few weeks.

In the meantime, a new Building Code and a new draft National Building Act are being finalised to provide the rules, guidelines and standards for building construction in Jamaica.

Regarding the education sector, Hall said the completion of the audit of school spaces would guide the Government in determining the process for meeting demands, ultimately lead to the abolition of the shift system and the reduction of class sizes. Concurrently, the governance structure of the educational system will be revamped.

In the meantime, he said as part of efforts to reduce crime and violence, the Police Service Regulations and the Book of Rules would be reviewed in order to give wider powers to remove tainted members of the constabulary from duty.

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