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ECJ to assume role of political ombudsman as Gov’t uses majority to pass legislation
Minister of Justice, Delroy Chuck, piloting the Bill that seeks to amend the Political Ombudsman (Interim) Act and related matters in the House of Representatives recently. Photo: JIS
Latest News
February 6, 2024

ECJ to assume role of political ombudsman as Gov’t uses majority to pass legislation

The Electoral Commission of Jamaica (ECJ) will officially take over the functions of the Office of Political Ombudsman (OPO) ahead of the local government election scheduled for February 26.

The development came Tuesday after the Government used its majority in the House of Representatives to pass the Political Ombudsman (Amendment) Act, 2024. The decision came against strong objections from Opposition members and a warning a week earlier from former Government Minister Karl Samuda.

On Tuesday, following a divide vote that was called last week but not taken after Justice Minister Delroy Chuck moved to suspend the debate on the Bill he piloted, 21 members of the government voted ‘yes’ with seven Opposition members voting ‘no’.

Opposition Leader Mark Golding described the decision as “a bad idea” which he said won’t find favour with Jamaicans.
He told the House that when the debate was suspended last week, the Opposition anticipated that there would have been collaborative discussions, but none took place.

“All that has happened is that they’ve come back now to ram this Bill through today despite the concerns of us (Opposition) and the wider society on the matter.

“It is disgraceful,” he declared.

The Opposition leader also described it as “bad policy and bad law” and again warned against having the ECJ commissioners decide on political matters that could bring the commission into disrepute.

However, in a statement ahead of the vote, Chuck argued that the ECJ has long established internal protocols for treating with matters that will be adopted and applied to the matters they will now assume.

“We are not seeking to reinvent the wheel, but to adopt what has shown to work. Much of what the Opposition has said regarding the very strength of the ECJ forms the basis upon which the ECJ is believed to be the most appropriate entity to undertake the work of the Political Ombudsman,” he added.

“The level of stature achieved by the ECJ locally, regionally and internationally is necessary for the functions of the Office of the Political Ombudsman to be fairly and effectively carried out. Investing these responsibilities in a nine-member commission will result in more impactful recommendations made to political parties or its representatives in circumstances where there has been breaches. It is in the nation’s interest to extend the reach of the well-functioning ECJ to close any gaps that may exist in the oversight of the political process and political conduct,” Chuck said.

Former Government Minister Karl Samuda had warned the government last week not to tinker with the ECJ.

“This (the ECJ) is arguably the most far-reaching, one of the most important institutions of not only Jamaica but the entire hemisphere. It is not an institution that can take tinkering,” Samuda stated during his contribution to the debate.

The Bill will now go to the Senate on Friday where the government will again use its majority to ensure it passes the Upper House. It will then go to the Governor-General for his assent after which it will become law.

Tags:

Delroy Chuck ECJ Electoral Commission of Jamaica Political Ombudsman
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