The question of double standard was raised in the Parliament on Wednesday after it was pointed out that people with drug convictions are allowed to run for political office, while teachers will be barred from the classroom for similar offences.

The issue was raised by Government Senator Charles Sinclair during the meeting of the joint select committee examining the Constitution (Amendment) (Republic) Act, 2024.

Sinclair, an attorney-at-law and former mayor of Montego Bay, raised the issue after the circumstances under which a person can be barred from seeking political office were outlined in the Constitution Bill.

These include being under sentence of death; if serving a sentence of imprisonment exceeding six months; if convicted of any offence of treason, fraud or violence and the penalty imposed is for a term of, or exceeding 18 months.

“The question has arisen as to whether the disqualification of serving the sentence should be the policy,” said committee Chair Marlene Malahoo Forte, who is also the minister of legal and constitutional affairs.

“These provisions were included after much debate and feedback from the public. The policy of indicating the sentence at 18 months is a reflection of the gravity of the example of the offence and that would be a matter, of course, for the court to determine,” said the minister.

“Going forward, if you’re convicted of treason, if you’re convicted of fraud or violence and you were sentenced to imprisonment for a term of, or exceeding 18 months, it would disqualify you from membership and I think it’s reflective of a call in the society to show our abhorrence for violence and to ensure that those who make laws really do all they can to avoid conduct leading to conviction for offences of violence,” Malahoo Forte added.

At this point, Sinclair interjected, pointing out that the Jamaica Teaching Council Bill that is currently before the Parliament, having been laid in the Senate by Education Minister Senator Dr Dana Morris Dixon, disqualifies registration as a teacher if you have a drug conviction.

Sinclair noted that the listed offences in that Bill are wider than those contained in clause 20 of the Constitution Bill.

“You can’t be registered as a teacher if you got a conviction for cocaine and spent 10 years [behind bars] or in fact, a conviction for possession and trafficking of cocaine,” he said.

“But are you saying a person can be elected to the House of Representatives to make laws where that person may get to the position of being described as honourable, and was convicted for possession and trafficking? Is there anything that restricts that type of person from offering themselves [for office]?” Sinclair asked.

In response, the director of legal reform in the Ministry of Legal and Constitutional Affairs Nadine Wilkins sought to explain the different roles of a teacher and a politician.

“In the case of the Jamaica Teaching Council, the thinking is that we’re dealing with individuals who will have close interactions with our children and that as such, it is necessary to go further than you would have gone if adults were interacting with each other. That would have to be appreciated; we [are] not comparing apples with apples,” she said.

Sinclair, who is still a councillor in the St James Municipal Corporation, shot back: “As a local government representative I interact with the children at the schools in my division; Members of Parliament interact with children on a regular basis at the schools in their constituency.”

He pointed out that if elected, a person with a drug conviction will be participating in the making of the country’s laws.

Wilkins pointed out that “the constancy with which the teacher has close contact with children sets them apart from the other individuals, the other adults who would interact with them”.

She suggested that when the Teaching Council Bill is debated, “it may be contemplated putting some discretion in there so that there won’t be an absolute prohibition”.

The constitution currently allows a person serving a sentence of less than six months to still run for office. Malahoo Forte pointed to the disqualification as someone serving a sentence of six months or longer.

But Sinclair took issue with the fact that a person who is serving a six-month sentence that has been suspended is not allowed to be nominated to run for office while a person in custody on a three-month sentence could run for office.

“I think that we need to give some consideration to that. If you’re serving any sentence, how can your name be on a ballot? You going to be in prison and your name is on a ballot for people to come and elect you? That’s not sitting well with me at all,” he stated.

Malahoo Forte said she is all about giving second chances, arguing that “a democracy recognises that people will run afoul of the law without necessarily being habitual criminals”.

However, the committee chair said a distinction should be made for people who have gone through a criminal process of conviction and come out and display the same kind of criminal behaviour.

“Sometimes people conduct themselves in a way that it begs the question, did they learn anything? They say the most despicable thing, the most inappropriate thing, they’re disrespectful, they breach codes of conduct and ethical behaviour and think that a nuh nutten,” she said.

The Teaching Council Bill outlines a long list of disqualifying offences that would prevent a person from being able to teach in Jamaica. Those breaching sections nine and 10 of the Child Care and Protection Act, which deal with offences involving a child in the production of child pornography, will be barred.

Among the other offences for which teachers face being permanently barred from the classroom include breaches of the Criminal Justice (Suppression of Criminal Organizations) Act, the Dangerous Drugs Act, the Cybercrimes Act, the Larceny Act, and the Law Reform (Fraudulent Transactions) (Special Provisions) Act (lotto scam).