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News
April 15, 2017

‘Zones of Special Operation’ Bill for Joint Select Committee

The Prime Minister has decided to refer his Law Reform (Zones of Special Operation) (Special Security and Community Development Measures) Act 2017 to a Joint Select Committee (JSC) of Parliament for review and report.

Leader of Government Business Derrick Smith made the announcement during last Wednesday’s sitting of the House of Representatives.

Smith also announced five committee members from the House of Representatives — Government members Delroy Chuck, minister of justice (chairman); Robert Montague, minister of national security; Floyd Green, Minister of State for education, youth and information; and Opposition members Peter Bunting, spokesman on national security and Fitz Jackson (Southern St Catherine).

The Senate is expected to announce its members when it meets on Friday at Gordon House.

The Law Reform (Zones of Special Operation) (Special Security and Community Development Measures) Act 2017, which was tabled recently in the House by Prime Minister Andrew Holness, seeks to address some critical factors in fighting crime.

According to the Bill’s Memorandum of Objects and Reasons, as stated by Holness, Jamaica’s homicide rate remains among the highest in the Caribbean. Between 2000 and 2015 murders averaged 40 per 100,000, with 2000 recording the lowest ratio of 34.1 per 100,000 and 2009 the highest of 61.7.

The memorandum attributed that situation to a combination of factors, including: importation of illegal firearms and ammunition; financial fraud, including Ponzi schemes and lottery scams; opportunities for corruption and extortion; and supply and transhipment of illegal narcotics.

It linked all those with the use of violence by criminals, and argued that “these profoundly serious problems have threatened the existence of the rule of law in certain geographical locales in Jamaica” which have deterred investments, destroyed capital formation, discouraged business development and “lowered the perception of Jamaica in the international arena”.

The Bill also states: “This Act should not have the negative impact on Jamaica, which could likely occur if a declaration of a state of emergency was made.”

Consequently, the memorandum says that this Bill will balance the need for increased security, including giving both the Jamaica Constabulary Force (JCF) and the Jamaica Defence Force (JDF) certain essential powers “required to address serious crimes, on the one hand, and upholding the rule of law and protecting the fundamental rights and freedoms of citizens, on the other hand”.

Obviously the Bill is a brave attempt by the Government to remove the ghost of past states of emergency which have left bitter tastes in the public’s mouths, especially, the unforgettable 1976 State of Emergency, which continued into a general election, and the confrontation between the security forces and civilians in West Kingston in 2010.

It will be interesting to see how much urgency the Parliament attaches to dispatching this Bill and what amendments are brought to the clauses.

It is certainly a significant opportunity for both sides of Parliament to put partisan differences aside and finally produce legislation that shows that they are putting both the security and the freedoms of the people above party loyalty, because the outcome would certainly benefit the country, no matter who forms the Government.

*** By the way, Opposition spokesman on education Ronald Thwaites has suggested that the Government introduce a policy of compulsory military service for unengaged young people who are neither employed or certified.

“I am positing to my colleagues in the House that we must consider, this financial year, introducing a compulsory period of military service in this country for those who are not engaged in tertiary educationor who are not employed, but who leave school and become reckless individuals because of the absence of those opportunities,” Thwaites said.

Thwaites made the suggestion in his contribution to the debate on an amendment to the Defence Act, allowing for a third arm of the Jamaica Defence Force (JDF) comprising young people from age 17, who are to be trained in keeping with attempts to find activities for unemployed youth.

*** During his sectoral debate presentation last Wednesday, Minister of Transport and Mining Mike Henry informed the House of Representatives that 250 Chinese workers at ALPART will return home by June, opening up those jobs to Jamaicans to fill the vacuum.

It is a welcome announcement in light of the tension rising across industries like building and construction about the number of Chinese workers being employed on projects, including investments from China.

Recently, following public concern raised jointly by the two major unions — the Bustamante Industrial Trade Union (BITU) and the National Workers Union (NWU) — as well as the Incorporated Masterbuilders Association, Minister of Labour and Social Security Shahine Robinson, called the parties to a meeting at the ministry at which the issues were discussed with the parties.

Resulting from that meeting, there have been discussions between the parties and it seems that there is, finally, some effort to address these problems.

Asked about the new Road Traffic Bill last Wednesday, Henry said that he has been assured by the Office of the Parliamentary Counsel that the final draft with 144 new amendments should soon be ready.

“I am aiming to finish it in the quickest possible time. I expect in another 30 days I should be able to come back to Parliament,” he said.

Henry was, however, unable to give any details of how an amnesty for drivers with outstanding traffic tickets would be handled. He said it would have to be discussed with the Minister of Justice Delroy Chuck. But he would like it before the new Road Traffic Act is implemented.

*** This week’s schedule

The House of Representatives will meet on Tuesday, April 18, and Wednesday, April 19, to continue the Sectoral Debate and other House matters.

The Senate will meet on Friday to close the Arbitration Bill Debate and debate the Public Sector Pension Bills.

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