THE Senate has delayed the debate on the appropriations bill (the budget) for a week, but no reason was given for the postponement by the leader of Government Business, Senator AJ Nicholson.

The Sunday Observer eventually learnt that Nicholson had to postpone the debate, as it was not only inappropriate but would also have breached the Standing Orders.

The fact is that this was the first sitting of the Senate since the appropriations bill – which approves the government’s spending for the financial year – was passed on Wednesday, May 2 in the House of Representatives. Therefore, neither the bill nor the approved Estimates of Expenditure was tabled in the Senate before Friday. None of the members, excluding the ministers, would have had access to a copy of the estimates before Friday to prepare to debate them. Yet, the Senate was expected to debate and pass the Bill on Friday.

This raises a number of questions:

. How did the leader of government business expect to have a debate on the estimates before copies were circulated to the members?

. Why did the Clerk to Parliament not advise the president and leader that it was both, inappropriate, because the members were not yet served with copies, and furthermore, that the Standing Orders require that the members be given time to acquaint themselves with the Bill before it is debated?

. And, wasn’t the minister who is supposed to pilot the debate, Senator Anthony Hylton, unaware that it was not previously tabled and that the Estimates were not circulated prior to Friday?

Thanks to the consciousness of the leader of Opposition Business, Senator Anthony Johnson, who objected, causing the debate to be delayed.

At the start of the sitting, Nicholson pointed out that it was envisaged that it would have been a long one. However, he said, certain things had intervened. This is exactly what intervened.

However, despite the intervention, Nicholson could not assure the Senate of a brief sitting as the matter which was agreed to be taken, instead, was a Private Members Motion in the name of Johnson who is not known for brief contributions.

“So even though there is one matter for us to be done today I, myself, cannot guarantee that you will have a quick time out of here to enjoy your birthday,” Nicholson sympathised with the president of the Senate, Syringa Marshall-Burnett, who was celebrating her birthday Friday.

“But, let me advise the Senate that next week’s sitting will be a very long one, because there are a number of things that we will have to try to get through,” Nicholson added.

Senator Shirley Williams (Opposition) also wished the president a happy birthday.

“I knew when you walked in the room this morning it was a special day. You had a big smile, and you were just so happy. I am sorry we kept you here so late,” Williams said.

Bill to repeal provisions of the Evidence Act tabled

. The long-awaited bill to repeal the provisions of the Evidence Act to allow for the use of computer-generated evidence in the courts was tabled in the Senate on Friday by the Attorney General and Minister of Justice, Senator A J Nicholson.

The bill’s “Memorandum of Objects and Reasons” points out that, “under the existing law, the general rule governing the reception of evidence in court is that witnesses should personally attend the proceedings to give direct oral evidence of the facts.

“There are, however, exceptions to this rule in those areas where documentary evidence is accepted by the court in substitution for the oral testimony of a physically present witness.

“The Supreme Court Civil Procedures Rules 2002 accommodate the use of modern technology by permitting witnesses in civil proceedings to give evidence ‘without being present in the courtroom, through a video link or by any other means.’ However, there are no supporting provisions of law setting out the circumstances in which this technology may be utilised.

This bill, therefore, seeks to amend the Evidence Act to make provision for the admissibility of evidence, in both civil and criminal proceedings, by means of a live link (television or otherwise). But, admissibility of live link evidence will be subject to the discretion of the court and there will be no provision for Rules of Court to be made to ensure practical implementation of this modern facility.

It is intended that live link technology should be employed in cases where:

(a) it is not practicable to secure the attendance of the witness (whether or not the witness is in Jamaica) at the proceedings;

(b) the witness is under 14 years of age, or may be otherwise regarded as being vulnerable due to the trauma or fear associated with the prospect of testifying in proceedings in open court having regard to certain factors.

In the case of civil proceedings, it is proposed that the availability of television link technology is not restricted to any particular type of case, or any particular age range.

Provisions are also included where legal proceedings are occurring outside Jamaica, and a foreign court requests that testimony be secured by live link from a witness located in Jamaica.

The proposals also allow for the admissibility of computer-produced statements which constitute hearsay evidence subject to certain conditions.

More Cricket World Cup questions

. Opposition Senator, Dr Christopher Tufton, tabled a number of questions in the Senate on Friday, dealing primarily with the future of the Trelawny Multi-Purpose Stadium and its maintenance, but also questioning the ability of Sabina Park to repay its portion of the US$67 million spent on both venues for Cricket World Cup (CWC) 2007.

Among the questions asked by Senator Tufton, which were directed to the leader of Government Business, were:

. Is the government now in a position to state what plans have been made for the maintenance of the (Trelawny) stadium?

. What kind of agreement has been reached with the National Housing Trust (NHT) to maintain the stadium, including for how long and what are the arrangements?

. Has a board been named to operate the stadium and, if so, who are the members of that board?

. What plans are in place to ensure that both the Trelawny Stadium and Sabina Park will be able to repay the US$67 million spent on both venues for Cricket World Cup 2007?

Tufton calls for Joint Select Committee to examine fishing industry

. Dr Tufton has also reintroduced his motion seeking a debate on the state of Jamaica’s fishing industry. He also wants Parliament to appoint a Joint Select Committee to examine the fishing situation and make recommendations on its recovery and development.

According to Tufton, the fishing industry is currently in a serious crisis, which is threatening the livelihood and welfare of nearly 40,000 fishermen and their families, and approximately 300,000 Jamaicans who survive directly or indirectly on fishing and its related activities.

Grant again bats for rural road repairs

. Senator Norman Grant, Government member and President of the Jamaica Agricultural Society (JAS) has also reintroduced a motion recommending that the government commissions an immediate study of the feasibility of having a single, central road authority, as well as clearly examining how the role of the Parish Councils can be preserved in such a system.

He contends that the condition of rural roads is very poor and that this is inhibiting rural development by limiting farmers’ ability to market their produce.