THE House of Representatives yesterday approved legislation giving the minister of national security the power to waive Jamaica’s right to exercise jurisdiction of Jamaican nationals caught trafficking drugs in international waters.

The Bill amends Section 20 of the Maritime Drug Trafficking (Suppression) Act, which currently provides that: “where pursuant to Section 13, a Jamaican vessel is detained seaward of any State’s territorial sea by a treaty State, the minister may waive Jamaica’s right to exercise jurisdiction over the vessel and authorise the relevant treaty State to enforce its laws against that vessel, its cargo, and persons found on-board other than Jamaican nationals”.

The amendment removes the words, “other than Jamaican nationals”.

Opposition spokesman on justice, Delroy Chuck, reacted that it was “a sad occasion in parliament”, because of Jamaica’s inability to “prosecute and bring to justice citizens of our country who have done wrong and lock them up, then we can agree to allow another State to deal with it”.

Chuck said that what the minister was saying in the amendment is that, “We don’t have the ability to do so, so we are going to waive those rights and pass it on to another country to do it”.

Said Chuck: “Can you imagine if our Coast Guard finds a US citizen with drugs in the high seas and we sought to prosecute that citizen in the Jamaican courts. (They) would say ‘don’t interfere’; that citizen is going to be protected by their country.”

He was supported by Opposition colleagues Pearnel Charles, Mike Henry and Karl Samuda, who also raised questions about the move.

Charles questioned why the Bill was removing the right of Jamaicans accused of trafficking in drugs in international waters to be tried in Jamaica, and claimed that it was indicative of how the Government has been treating Jamaicans who run afoul of laws overseas.

“Minister, I am not sure that you are giving protection to Jamaicans based on an allegation. If he is wrong, let him come home and face the charges here. Who is going to defend him when he is tried under their laws?” Charles asked.

Samuda was concerned whether there would be reciprocity, so that if an American is found on a Jamaican ship trafficking drugs the Americans would do the same?

Bunting responded that Chuck seemed to be operating on a mistaken assumption that Jamaicans who commit offences outside of Jamaica, or within Jamaica, have a personal right to be tried for that offence in a Jamaican court because of his Jamaican nationality.

The Bill was eventually unanimously approved by the House.