It is of significant and national importance that Prime Minister Dr Andrew Holness reinstate the political ombudsman as a stand-alone office.

I am astonished that Justice Minister Delroy Chuck, King’s Counsel, cannot recognise that it was bad policy to have incorporated the political ombudsman into the Electoral Commission of Jamaica (ECJ). Minister Chuck must now understand that it is imperative to remove the office of the political ombudsman from the ECJ and revert it to its former position, as when held by Donna Parchment Brown.

Justice Minister Chuck, as one of the hard-working Cabinet ministers within the Holness-led Government and a prominent attorney-at-law, should have well appreciated the incontrovertible fact that to incorporate the political ombudsman into the ECJ was bad policy and would not work.

Under no circumstances should the political ombudsman have been included in the ECJ, because such a move has the potential to damage the overall credibility of the ECJ, and further, the ECJ should have absolutely no role in carrying out the duties, functions, and responsibilities of the political ombudsman.

Minister Chuck has recommended that the ECJ establish a director of political conduct who investigates complaints and then reports to the commissioners. I firmly and unequivocally disagree with this proposal, because the ultimate decision will still have to be made by the commissioners of the ECJ.

Constitutional lawyer, scholar, and expert Dr Lloyd Barnett, OJ, rightfully posited on the radio discussion programme
Beyond the Headlines that the political ombudsman should be an independent office separate and apart from the ECJ. And he is correct. Citizens Action for Free and Fair Elections (CAFFE) and Integrity Action have also made this very point.

There are fundamental differences between the roles, duties, and responsibilities of the ECJ and political ombudsman. The ECJ comprises independent and specifically named party representatives and its core functions have to do with the overall management of elections and working to ensure the country has free and fair elections. The political ombudsman’s major functions have to do with investigating complaints from the parties relating to certain breaches and codes of conduct.

Even worse, no comment, action, or statement has been issued by the ECJ in relation to the functions and responsibilities of the political ombudsman over the past 18 months.

What is required is a strengthening of the Political Ombudsman Act so that the person so appointed to that office can have greater authority to levy fines on parties and candidates who flout the relevant laws. The leaders of the two political parties and their candidates for the upcoming general election should be required to formally, publicly, and dutifully sign the Political Code of Conduct now. And Prime Minister Holness should immediately appoint a political ombudsman.

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