KINGSTON, Jamaica – Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, has sought to correct a misstatement in the law, which has misled the public, on when Emergency Regulations take effect.

Addressing the House of Representatives on Tuesday, Minister Malahoo Forte said the Regulations do not require any affirmative or negative resolution to commence as several other laws stipulate.

“The Emergency Powers Act provides for the making of these types of Regulations by the Executive… the Governor-General, not the Legislature of Parliament, because the Legislature has delegated that subsidiary lawmaking power to the Executive,” she explained.

Malahoo Forte said that this a permissible delegation for the stated purposes, in circumstances where a state of public emergency or public disaster exist.

“Section Three of the Emergency Powers Act and, in fact, any other Act which confers a power to make Regulations, must be read in conjunction with Section 31 of the Interpretation Act, which [states that], ‘all regulations made under any Act or other lawful authority and having legislative effect, shall be published in the Gazette and, unless it be otherwise provided, shall take effect and come into operation as law on the date of such publication’.

“It is most unfortunate that the people of Jamaica have been misled on this very important matter. The requirement to table the Regulations speaks to their duration, that is how long they last. The requirement does not deal with when they commence. The regulations have been tabled in the House today (December 13), having previously been tabled in the Senate,” she said.

The Minister told the House that the regulations’ validity was brought into question following statements attributed to two members of the legal profession.

“A question arose in the public sphere, based on statements attributed to two senior members of the legal profession, one of whom is Jamaica’s celebrated constitutional law expert, and the other, a former Solicitor General, whether the Emergency Powers (Parishes of St James, Westmoreland and Hanover (No.2) Regulations, 2022, and those for the Parishes of St Ann, Clarendon and St Catherine and Specified Areas in the Parishes of Kingston and St Andrew)were valid as at December 6, 2022, when states of public emergency were declared,” she said.

Malahoo Forte noted that the validity of the Regulations was brought into question because it was reportedly said that, until and unless they were tabled in the Parliament, they were of no effect.

She advised that the Regulations in question were promulgated by the Governor-General, pursuant to power to do so, granted by the Parliament under Section Three of the Emergency Powers Act.

The Minister said the law provides that: “During a period of public emergency, it shall be lawful for the Governor-General, by order, to make regulations for securing the essentials of life to the community, and those Regulations may confer or impose on any Government Department or any person, a number of powers…”

The law goes on to say, “Any Regulation, so made, shall be laid before the Senate and the House of Representatives as soon as may be, after they are made and shall not continue in force after the expiration of seven days from the time when they are so laid before the Senate or House of Representative, whichever shall be the later, unless a resolution is passed by the Senate or the House of Representatives providing for the continuation”.

On December 6, Prime Minister Andrew Holness, announced States of Public Emergency in several parishes and police divisions island wide to address an increase in criminal activities and ensure public order.