THE House of Representatives on Tuesday approved the Irrigation (Validation and Indemnity) Act 2002, which seeks to validate acts done in good faith by the National Irrigation Commission (NIC) Limited, and to indemnify the Commission and every person acting on its behalf from lawsuit.

The NIC Limited has operated without a licence as the Irrigation Authority from the Ministry of Water and Housing, between March 1999 and September 2001.

Water and housing minister, Donald Buchanan, who piloted the Bill, pointed out that NIC Limited was charged with the responsibility of operating and managing the public irrigation system in the island.

He explained that their authority in this regard, was by means of a licence pursuant to the Irrigation Act, and added that the minister, pursuant to Section four of the Irrigation Act, has the power to licence a company to be the Irrigation Authority for the purposes of the Act.

“Although no such licence was issued to the National Irrigation Commission Limited for the period between March 26, 1999 and September 17, 2001, the commission has, and in good faith, and with the approval of the minister, been acting as the irrigation authority for the purposes of the Act,” said Buchanan.

Jamaica Labour Party (JLP) Member for West Central St Andrew, Andrew Holness enquired of the Minister, whether of not the Government was considering enshrining the NIC Limited into law as statutory body, stating that if that were done, lapses in coverage would not need to be reminded by such pieces of legislation.

He noted that his research showed that the NIC was merely a normal company operating under licence from the water minister. “Indeed, the minister could licence any company to provide irrigation services, and if so happens that the NIC is the company so licensed. I believe the NWC is a creature of statute but the NIC is not, and it would help to add a certain consistency to the water industry if the NIC was enshrined in law as a statutory body,” Holness said.

In response, the water and housing minister said that the NIC was in fact a creature of statue, and the ministry was engaged in a comprehensive review of the legislative framework for the entire water sector and would be looking at all aspects of the legislative framework for the sector.