THE Senate passed bills addressing issues relating to plea bargaining in the courts, and companies operating in Jamaica conforming with international transparency and accountability regulations.

The Plea Negotiations and Agreements Act, 2017, was passed by a score of eight votes in favour and two against, as the Opposition called for “divide” after a lengthy debate which began on May 26.The new Act will give statutory recognition to plea negotiations and agreements which, prior to its enactment, are being conducted by the director of public prosecutions under common law rules.With successive governments admitting that the current Criminal Justice (Plea Negotiations and Agreements) Act is being underutilised, the previous government had set up a working group to identify the problems contributing to the underutilisation. The report of the working group was considered and, consequent upon the most recent change in administrations, further consultations were conducted.This Bill seeks to implement the recommendations set out in the “Report of the Plea Bargaining Working Group on the Review of the Plea Bargaining Legislation of Jamaica” and other decisions of the government.The decisions included widening the definition of prosecutor, to include people granted fiats to prosecute cases and people who initiate private prosecutions; providing for post-sentence plea negotiations; and empower judges to order that the records of the negotiations or an agreement be sealed.A number of objections were raised by leader of Opposition business in the Senate, Senator Mark Golding, when the debate started on May 26, leading to the decision by leader of Government business, Senator Kamina Johnson Smith, to put off taking the measures through the committee stage, when amendments are made, to last Friday.However, at the end of the committee stage Friday, the Opposition was still not satisfied with the more than 70 amendments which were made in the process, and voted against the Bill.The Bill, which was passed in the House of Representatives on April 19 with 11 amendments, also confirms the power of the plea judge to reduce penalties in cases which provide assistance to the crown. It will eventually repeal the current Criminal Justice (Plea Negotiations and Agreement) Act. Following its passage in the Senate, it will return to the House of Representatives for a final review before implementation.The Bill amending the Companies Act, passed earlier on Friday, carries heavy fines for companies and company directors who fail to comply with international obligations in respect of governance, as well as transparency and accountability.For example, company directors will need to disclose situations that present conflicts of interest for them, and it will also require foreign-owned companies operating in Jamaica to keep a register of its members in Jamaica and the names, addresses, occupations and nationalities of all members and beneficial owners.The Bill was passed with 27 amendments on Friday, and will also be referred back to the House of Representatives for final review.Both Bills were piloted by Senator Johnson Smith, who is also minister of foreign affairs and foreign trade.