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ALICIA DUNKLEY, Observer staff reporter dunkleya@jamaicaobserver.com  
June 3, 2008

JTA threatens to take gov’t to court

THE Jamaica Teachers’ Association (JTA), which represents some 22,000 teachers and principals islandwide, has called on the Government to reverse its decision to limit the 20 per cent duty concession on motor vehicles to civil servants, warning that it is not averse to taking the Administration to court.

The central executive of the JTA at a meeting held last Friday, hammered out a resolution calling on the Government to “reverse the concession to the position before the 2008-2009 [budget] presentation” arguing that “the concession in its current form will significantly affect the ability of teachers to purchase the type of motor vehicles that are suitable for Jamaican roads”.

It said legal opinion would also be sought “with a view to going to court”.

Finance Minister Audley Shaw, speaking in the 2008/2009 budget debate in March said the Government, in a bid to have better control over concessions, had decided to limit the 20 per cent duty concession granted to travelling officers within the public service. Shaw said it was proposed to limit this concession on vehicles to a cif (cost, insurance and freight) value of a maximum US$25,000 and an engine size of a maximum of 2,500 cc (cubic centimetres).

Shaw also said if the concession was sought on a vehicle in excess of US$25,000 and or engine size in excess of 2,500 cc duties would become payable. The effective date for implementation was May 1, 2008.

But the decision prompted an outcry from several representative umbrella groups, now including the JTA.

“We would be happy for the Government to reverse whatever it is that they have done so we can continue to benefit from what existed,” JTA President Ena Barclay told the Observer yesterday.

According to Barclay, while legal action would not be the initial step, it was not being ruled out.

“We don’t know yet. We are taking advice to see where we go from there. It is something we feel very strongly about and therefore something we are going to pursue in all forms,” she said.

Noting that the JTA has advised the finance ministry of its dissatisfaction, Barclay said it was now adopting a wait and see attitude in the hope that there will be an early response.

“The fact is, it is something public sector workers have benefited from and the modifications that have been made would in fact be making it increasingly difficult for people to access the types of motor vehicle that they would want, and especially since some of our teachers have to go into the deep rural areas,” she argued.

According to Barclay, given the modest salaries of public sector workers, the concessions which had been enjoyed by teachers for over 24 years were a well-deserved sweetener.

The JTA represents some 1,009 principals, 120 work experience teachers, between 800 and 900 guidance counsellors, 1,200 lecturers and assistant lecturers and about 200 master teachers. All persons in these categories qualify for the benefit with the exception of persons who have served for under four years in these positions.

Barclay was, however, unable to say how many persons have accessed the benefit.

Meanwhile, head of the Jamaica Civil Service Association, Wayne Jones, had warned that Government’s decision, while in a bid to stem corruption, could backfire and disenfranchise bonafide persons. He said the association had made a written appeal to Prime Minister Bruce Golding and has been in discussions with Shaw and ministers without portfolio Don Wehby and Dwight Nelson to reconsider the matter.

But Shaw has said the decision, which was taken by Cabinet after much consideration, would not necessarily be reviewed on a whim.

“I am not giving any guarantee that the Cabinet would change its mind. I’m saying that just making a demand that it be reinstated is not good enough,” he said. “The undeniable fact is that the privilege has been abused for too long; too many of our people have been taking the benefits and selling it to other people.”

According to Shaw, what has been lacking in the representations made so far were suggestions as to how the system could be revised so as to “eliminate the abuse that has been taking place”.

“I cannot pre-empt the Cabinet, but instead of them demanding that it be changed it seems to me that they would have to make submissions to Cabinet to give us the full assurance that in the future it would not be abused,” said Shaw. “There was never an intention that the benefit was transferable and what has been happening is that the benefit has been transferred and therefore the abuse has been widespread. No doubt many people have been affected by the new limits, but I am not guaranteeing that Cabinet will reinstate it.”

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