SALARY increases totalling $1.7 billion were awarded to members of the political directorate under the revised public sector compensation structure, with the figure for Members of Parliament (MPs) and Cabinet ministers exceeding 200 per cent. This caused much furore among the public. With such an increase, arguably too high in a single swoop, there are reasonable expectations of accountability.

Preceding the opening of the new parliamentary session, the throne speech delivered by the governor general sets the legislative agenda for the year. The speech cannot be delivered, however, without the governor general addressing the unmet commitments from previous years. There must be explanations for the delays or failures in implementing commitments made.

In 2023 the throne speech outlined 37 pieces of legislation on the legislative agenda for that year. These included the Occupational Safety and Health Bill and the Mediation Bill. However, according to the Jamaica Parliament website, only 19 pieces of legislation were passed throughout the year, excluding the mentioned Bills.

What is troubling is that even for those Bills considered, the attendance of some members was disappointing. For example, of the 14-member joint select committee reviewing the amendments to the Acts on the increased mandatory minimums for murder, two members attended no meetings and only eight were present to sign the committee’s report. The legislative work of Parliament is the foundation to ensure the development of a just and equitable society. This duty must be treated with the great weight it carries.

Further, there are critical pieces of legislation currently being reviewed that seemingly have no end date in sight. In 2022, parliamentary review of the Integrity Commission and Protected Disclosure Acts commenced. However, to date, neither joint select committee has tabled its report on the related Acts. Instead, there have been proposals by members of the committee to weaken the Integrity Commission.

In making the call for the completion of the process, Jamaicans For Justice (JFJ) reiterates some major recommendations, including removing the “gag clause” in the Integrity Commission Act. For the Protected Disclosure Act we urge increased protection of whistle-blowers by extending protection from mere occupational detriment to adopt a broader approach that also extends to protecting their family members. We join National Integrity Action in calling for an update on the Unexplained Wealth Orders and an Anti-Bribery Act to combat corruption.

The 2023 throne speech indicated “…drafting instructions have been issued for further amendments to be made to the Domestic Violence (Amendment) Act”. JFJ, like our partner organisation, was ecstatic, thinking finally a comprehensive review would happen following years of promise. However, in late 2023 the Ministry of Culture, Gender, Entertainment and Sport passed an amendment to the Domestic Violence Act that failed to undertake a comprehensive review reflective of the several recommendations from a 2018 joint select committee report reviewing the Sexual Offences Act, Domestic Violence Act, and Childcare and Protection Act. Having taken note of the announcement that a joint select committee will be convened, JFJ calls for an update on same. Considering the Act is not controversial and that agencies are eager to once again support, we expect this to be an expeditious process.

In the upcoming throne speech JFJ urges the Government to reverse legislative missteps, including excessive mandatory minimums for children and the draconian approach to crime fighting. We issue caution that one cannot break the law to uphold the law. We impress upon the legislature to respect the opinion of the Supreme Court regarding the constitutionality of the use of states of public emergency measures and not act ultra vires to the constitution.

A parliamentary system of democracy derives its executive from the legislature, who is answerable to the legislature. However, the checks and balances normally achieved through the separation of powers between the branches of government are being erroneously eroded by excessive mandatory minimums that undermine judicial independence and the usurping of the legislature through flexing the simple majority muscle.

We have seen Bills bullied through the House, using simply majority to circumvent constitutional requirements. The most glaring example include the de facto extension of the director of public prosecution’s tenure and the de facto extension of the state of public emergency. This authoritarian approach to governance must be rejected.

We further urge each member to realise their role as legislator is not lazy back-benching that has the thumping of fists in support of a political party, or raising objections without due consideration or thought. We also urge senators to appreciate bicameralism is one way of establishing a division of power and further checks and balances, not just voting along political party lines. The sanctity of Parliament demands careful consideration of policies and Bills, and accountability to the people — not political party. JFJ urges our representatives to earn the salaries they have bestowed upon themselves. They must show up or go out. To whom much is given, much is expected.

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Mickel Jackson is the executive director of Jamaicans For Justice.