COMMISSIONER of the Independent Commission of Investigations (INDECOM) Terrence Williams is likely to be included among the persons who can make applications for individuals to be taken under the protection of the security forces.

A joint select committee of Parliament, which had been reviewing the performance of INDECOM during its first five years of operations, has accepted a recommendation from Commissioner Williams that the Justice Protection Act should be amended to allow the minister, by order, to expand the categories of entities that can apply on behalf of persons for admission into the witness protection programme.

The committee said, in its report tabled recently in Parliament, that if approved, the change will allow the minister to make an order to add the commissioner and any other appropriate person or entity to the list.

The committee has also accepted a request from Commissioner Williams to give INDECOM investigators the same authority that a police constable has in a Coroner’s Inquest, which would allow them to request the holding of post-mortem examinations.

The proposed amendment to Section 5 (93) of the Coroner’s Act would read: “Where a death is alleged to have been caused by a member of the security forces, specified official or other agent of the State, the Commissioner of the Independent Commission of Investigations shall ­— (a) in respect of each parish, assign an investigator to carry out functions in like manner as a designated police officer under this Act; (b) give written notice of such designation to the coroner; and (c) cause a designation to be published in the Gazette.”

The committee also accepted that there should be an amendment to the Coroner’s Act, stating that: “Where an investigator designated under the provision of section 3 is informed or discovers that a body or part thereof is lying within the parish of his designation as a result of the act or omission of a member of the security forces, specified officials or other agent of the state, it shall be lawful for the designated investigator, in his discretion, to direct any duly qualified medical practitioner to conduct a post-mortem examination of the body, and said designated investigator shall be responsible for collecting and submitting to the commission or other competent authority any evidence required to facilitate further forensic, ballistic or other scientific analysis.”

On the other hand, the committee formally requested the establishment of a non-executive board to oversee the commission’s work.

“This board would provide oversight on internal governance matters affecting the organisation, including input on policies with respect to human resources, public relations, budgeting, etcetera,” the report said.

It added that the day-to-day operations of the organisation would remain the purview of management, headed by the Commissioner of INDECOM Terrence Williams.

These were among several recommendations included in the report from the committee chaired by Minister of Justice Senator Mark Golding, and including representatives from both sides of the Parliament in the House and the Senate.

The 22-page report also included recommendations for members of the security forces to face disciplinary action for failing to respond to questions from INDECOM about their use of force against civilians.

The committee also recommended that the INDECOM commissioner be added to the list of individuals to which telecommunications data shall be disclosed under the Telecommunications Act.

It noted a previous court ruling that INDECOM was not entitled to receive telecommunications data or compel disclosure, which was later amended in the Appeal Court to allow INDECOM access to the information in investigating criminal offences.

But, the committee said that in light of the court’s ruling and concerns raised by INDECOM, it accepted that the commissioner should be added to the list of people under the Telecommunications Act to which telecommunications data shall be disclosed.

The committee also recommended that the Interception of Communications Act be amended to give INDECOM powers similar to that of the executive director of the Financial Services Commission to issue notice to relevant telecommunications providers regarding traffic data, as is currently set out in the schedule to the Act.

It also proposed an amendment to the Act, to allow INDECOM to apply for a warrant in the same way that the Jamaica Constabulary Force does to get interception done.