CONTRACTOR General Greg Christie yesterday highlighted the fact that all persons seeking to enter Parliament must first disclose any government contract to which they were party, or face disqualification.

Christie, in a letter to the editor, made note of the ongoing discussions around persons who had sworn allegiance, obedience or adherence to a foreign power or state, saying that government contracts were another “important disclosure qualification”.

Asked why Christie had entered what was shaping up to be a divisive political debate, communications officer for the office of the contractor general, Claudia Williams told the Observer it was done for purposes of public education.

“A significant degree of public attention has, in recent times, been directed to the provisions of Section 40 (2) (a) of the Jamaica Constitution and its implications,” the letter said. “Section 40 (2) (a) provides that no person shall be qualified to be appointed as a senator or elected as a member of the House of Representatives who, by virtue of his own act, is under any acknowledgement of allegiance, obedience or adherence to a foreign power or state. The wider public debate regarding the matter has, however, so far overlooked an associated provision of the Constitution which has to do with the holding of Government contracts.

“The associated provision is Section 40 (2) (c) of the Constitution. It is but only one of the other six (6) provisions of Section 40 (2) of the Constitution which, if offended, will result in the disqualification of the appointment or election, as the case might be, of the person to whom it relates,” it said.

Section 40 (2) (c) of the Constitution to which Christie referred, covers persons who seek to be elected to the House of Representatives or appointed to the Senate but are parties to a government contract or partners in a firm or directors or managers of a company which, to their knowledge, are parties to government contracts.

“In substance, Section 40 (2) (c) provides that no such person shall be qualified to be elected as a member of the House of Representatives if he has not previously disclosed the nature of such contract and his interest or the interest of such firm or company therein, by publishing a notice in the Gazette within one month before the day of election,” said Christie.

“As regards appointments to the Senate, Section 40 (2) (c) imposes a somewhat less stringent disclosure qualification. It provides that no such person shall be qualified to be appointed as a Senator if he has not previously disclosed the subject contract particulars by informing the Governor-General.

In the circumstances, and as the public debate regarding the implications of Section 40 (2) (a) proceeds, some attention should be directed at the foregoing,” he added.

Pressed to say whether any of the 60 candidates elected Monday were affected, Williams referred the Observer to the OCG’s website which published two lists of parliamentarians on whose behalf “Exemption Motions” were granted by parliament.

On one list dated April 20, 2007, only Pearnel Charles (JLP) of the 60 elected candidates appeared. On July 18, 2006, the Leader of the House moved an Exemption Motion in relation to Charles who was a director of St Thomas Farms Limited which had entered into a contract with the state-owned Sugar Company of Jamaica, to lease to that company lands at Pera in the eastern parish for growing sugar cane.

On a second list dated May 31, 2006, Kern Spencer (PNP), Everald Warmington (JLP) and Dr Patrick Harris (PNP) had motions for exemption approved on their behalf.

On July 23, 2004, Spencer was approved in his capacity as a director of Butterfly Traders which “may from time to time enter into contracts with the Government of Jamaica and its affiliated agencies, to provide services”.

On April 23, 2003, a Motion for Exemption was approved in favour of Warmington who is the chairman and CEO of Strathairn Construction Company, a general construction, management engineering and quantity surveying company, “which from time to time enters into contracts with the GOJ or its agents”.

A Motion for Exemption was approved on July 20, 2005 for Dr Harris who is a shareholder of Tropical Exotics Jamaica which operates a business on land part of the Hague Property owned by the GOJ. “This company, from time to time, enters into contracts with the GOJ and its affiliated agencies, to provide services having to do with the farming and supply of fish products, as well as attraction and entertainment”.

Added the OCG’s Williams: “We have no information with regard to whether publication of notices were made in the Gazette. Neither do we know whether this (provision in the Constitution) applies to any of the newly elected MPs.”