Right Steps & Poui Trees


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Disaster Risk Management Order No. 12 – Dated September 8, 2020

The Gazette of the Disaster Risk Management Order No. 12, which contains the changes announced by PM Holness on September 7, 2020, is now available.

The Gazetted copy of the Order has been posted on the website of the Office of the Prime Minister.


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Disaster Risk Management Order No. 11 Amendments No. 3 & No. 4 – Dated August 27 & 30, 2020

These are the two most recent amendments to Disaster Risk Management (Enforcement Measures)  (No. 11) Order, 2020, which is the current order in force.

Disaster Risk Management Order 11 Amendment 3 cover page

The Disaster Risk Management (Enforcement Measures) (No. 11) (Amendment) (No. 3) Order 2020 – August 27 2020

Amendment No. 4 contains the protocols governing the access to voting for Election Day (September 3, 2020) for people in quarantine or isolation due to Covid-19.

Disaster Risk Management Order No 11 Amendment 4 cover

Disaster Risk Management (Enforcement Measures) (No. 11) (Amendment) (No. 4) Order, 2020 – August 30 2020

 


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Two Amendments to Disaster Risk Management Order No. 11 – Dated August 5 & 18, 2020

There are two amendments to Disaster Risk Management No. 11 Order, one dated August 5, 2020 & the other dated August 18, 2020. Here are copies of the gazetted amendments:

Disaster Risk Management No. 11 Order Amendment Aug 5 2020

The Disaster Risk Management (Enforcement Measures) (No. 11) (Amendment) Order 2020 – August 5 2020

Disaster Risk Management Order No 11 Amendment 2 - Aug 18 2020

The Disaster Risk Management (Enforcement Measures) (No. 11) (Amendment) (No. 2) Order – August 18 2020

The first of these amendments is posted on both the Ministry of Justice and the Office of the Prime Minister‘s website, but as of now the second amendment has not been posted.


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Disaster Risk Management Order No. 11 – Dated July 31, 2020

The Gazette of the Disaster Risk Management (Emergency Measures) (No. 11) Order, 2020 is available. It contains measures announced by Prime Minster Holness in Parliament on Tuesday, July 28, 2020. Many of the measures will expire on September 30, 2020, unless amended prior to that date.

Disaster Risk Management Order No 11 cover blog pic

The Disaster Risk Management (Enforcement Measures) (No. 11) Order, 2020 – July 31, 2020

Order No. 11 is posted on the websites of the Ministry of Justice and the Office of the Prime Minister.

House of Representatives Sitting on July 28, 2020.

The Prime Minster’s statement begins at approx 3:42:35 of the recording.

 


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Minister Chuck & the INDECOM Debate

PBCJ Sitting of House July 21 2020 - Minister ChuckIn Parliament on Tuesday (July 21, 2020), Minister of Justice Delroy Chuck opened the debate on his motion to amend the Independent Commission of Investigations Act, 2010. In a presentation lasting less than ten minutes, he laid out the government’s position regarding the proposed amendments and the process to be followed to get there. No-one else spoke in the debate on Tuesday. Minister Chuck ended his statement saying that it was the intention that the debate should be concluded next week:

“Mr Speaker, I now ask for a suspension of the debate and hope that other Parliamentarians will see it appropriate to make their contributions next week when we hope to close the debate.”

I wonder who will speak next week and for how many minutes.

As Minister Chuck has indicated before, the Government is asking the Members of the House to support all the recommendations included in the 2015 report of the Joint Select Committee that reviewed the INDECOM Act, except the recommendation to give INDECOM the power to prosecute. JSC INDECOM Review power to prosecute

When Minister Chuck spoke about this recommendation on Tuesday,  he added “And I dare say, Mr Speaker, I was one of the strongest proponents of that view. ” The view that INDECOM needed the power to prosecute.

Minister Chuck’s change in position seems to be based primarily on the increased number of prosecutors at the Office of the DPP. He spoke generally about the increased numbers, and referred to an existing MOU between the Office of the DPP and INDECOM:

Mr. Speaker, it is important to note that a MOU was arrived at in March 2018 between the ODPP and INDECOM whereby, among other things, two prosecutors were assigned specifically to liaise directly with and treat with INDECOM matters.  Indeed, if more prosecutors are needed to deal with INDECOM matters in a timely manner, I am assured by the DPP that one or more prosecutors can be so assigned.

Minister Chuck’s Opening statement, p. 2

What he did not do was to provide any data on how that MOU has functioned. There was no data, for example, on the number of files INDECOM has sent to the ODPP each year; no data on how long it has taken for the ODPP to make decisions on the files sent; no data on the causes of any delays; no data on what decisions have been made (without identifying the individual cases themselves, but whether decisions were made to prosecute, to send to coroner’s court or for disciplinary proceeding or other options).

Beyond the Minister’s assurances, what would Members of Parliament (and members of the public) rely on to assess how the ODPP has managed the INDECOM files to date and will be able to manage them in the future?

Although the Minister didn’t specifically refer to the Joint Select Committee recommendation that INDECOM should clearly have the power to arrest and charge, this is not being supported by the Government either. (See Section 20, p. 10 of the report.) And Minister Chuck didn’t give the reasoning for this in his presentation.

Mr Chuck listed a number of additional amendments to be included and set out the intended process if the motion passes:

These recommendations plus others in the Report will be introduced in a Bill to amend the INDECOM Act and drafting instructions will accordingly be provided to OPC at the close of this debate and after further consideration by Cabinet.  I hope that the proposed amended Bill will be tabled in Parliament during this fiscal year.

Minister Chuck’s Opening statement, p. 4

Next week is scheduled to be the last week before Parliament goes on its summer break. This debate is likely to be completed and the motion passed without much notice. And this will be a blow for police accountabilty measures in Jamaica. There will still be the opportunity to advocate for inclusion of these powers up until a new Bill is actually passed, although Minister Chuck has indicated the Government’s position.

INDECOM, under the leadership of its first Commissioner – Terrence Williams – has had a significant impact in its first ten years. I wonder what the next ten years will bring…

Related Documents

Motion Regarding Amendments to the Independent Commission of Investigations Act, 2010 brought to the House on May 27, 2020, by Minister of Justice Delroy Chuck. (If I find a better copy of the motion, I will post it.)

Motion Regarding Amendments to Independent Commission of Investigations Act, 2020 - Minister of Justice Delroy Chuck May 27 2020

Text of Minister Chuck’s Opening Statement in Debate on INDECOM Act Amendment Motion 

Minister Chuck's Opening Statement in INDECOM Act motion

MINISTER CHUCK’S OPENING PRESENTATION – INDECOM – Amendment to INDECOM Act – dated 17-7-2020 – delivered 22-7-2020

Report of Joint Select Committee Reviewing the INDECOM Act – Tabled in Parliament 2015

JFJ graphic

 

Recent post by Jamaicans for Justice on proposed amendments to the INDECOM Act

JFJ – Safeguard INDECOM’s Independence – Reform the INDECOM Act – 22-6-2020

PBCJ Recording of the Sitting of House of Representatives July 21, 2020 Minister Chuck’s statement begins at approximately 3:43:00 in the recording.

 

 

 

 


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INDECOM: Selection of the New Commissioner?

Terrence Williams - Commissioner of INDECOM at press conferenceThe contract of the current Commissioner of the Independent Commission of Investigations (INDECOM) comes to an end in a few days time. Commissioner Terrence Williams, INDECOM’s first commissioner, has provided the body with strong leadership in its first ten years of existence. There will be time to review his time in office, the course he has charted for the organization and the significant impact it has had since it came into being in 2010.

But in this short blog post, I want to raise the issue of the appointment of the next Commissioner of INDECOM. At this point, a few days before the current Commissioner leaves office, the public has no idea who the new Commissioner will be. We have no idea if the selection process has begun. If it has begun, we have no idea what stage it is at. In all likelihood, we will wake up one morning to the announcement that the Governor-General has appointed the new Commissioner and we will at that point be told the name of the person selected to lead this very important Commission of Parliament.

This is because the INDECOM Act follows the formula for appointment of a number of public posts both in the Constitution and in some legislation. In this case it is appointment by the Governor General after consultation with the Prime Minister and the Leader of the Opposition. The formula varies for different posts. But what is common to all is that the public isn’t privy to the process, but merely receives the news of the appointment when someone who is part of the process tells us.

The process for appointment of the Commissioner of INDECOM is set out in Section 3(2) of the INDECOM Act:

“The Commission shall consist of a Commissioner, who shall be appointed by the Governor-General by instrument under the Broad Seal, after consultation with the Prime Minister and the Leader of the Opposition, from persons of high integrity, who possess the qualifications to hold office as a Judge of the Supreme Court of Judicature of Jamaica.”

INDECOM Act selection of Commissioner

Is this an appropriate formula for a modern democracy? The issue has been raised before in regard to other posts. Perhaps it is time for this formula to be reviewed and replaced by more transparent processes. This may be harder to do where it appears in the Constitution, but not as hard when it appears in ordinary legislation.

We may indeed have the appointment of an excellent person for the post of the new Commissioner. But it shouldn’t come in the form of a surprise fait accompli. Not in the year 2020.

 

 


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Disaster Risk Management Order No. 10 – Dated July 15, 2020

The Gazette of the Disaster Risk Management Order No. 10 was posted on the website of the Ministry of Justice today (July 20, 2020). It contains measures announced by Minister of Local Government Desmond McKenzie in Parliament on July 14, 2020. The Gazette is dated July 15, 2020, although it was not available when I called Jamaica Printing Services on July 17 to ask  if I could obtain a copy.

Here is a copy of the Gazette:

Disaster Risk Management Order No 10 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 10) Order, 2020

As of the time of posting my blog, the gazetted copy of the Order has been posted on the Ministry of Justice website, but not yet on the Office of the Prime Minister or Ministry of Health and Wellness websites.

 


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Disaster Risk Management Order No. 9 – Dated July 1, 2020

The Gazette of the most recent Disaster Risk Management (Enforcement Measures) Order was posted on three government websites this afternoon (July 9, 2020). The Gazette of this Order – No. 9 – is dated July 1, 2020, although it wasn’t gazetted on or before July 1. This doesn’t surprise me anymore, as it seems to be common with the gazetting of these Orders, that they are given a date which is earlier than the date on which they are actually gazetted.

A copy of the Gazette is provided here:

The Disaster Risk Management Order No 9 cover page blog pic

The Disaster Risk Management (Enforcement Measures) (No.9) Order – July 1 2020

I tweeted earlier this week about this ongoing, unsatisfactory situation regarding the delay in gazetting the Disaster Risk Management Orders.

SG tweet re no gazetted order - July 6 2020

 

OPM website Order No 9 posted July 9 2020 blog picThese are the links to the document on the Ministry of Justice website, the Office of the Prime Minister’s website and the Ministry of Health & Wellness’ website.


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The Death of Noel Chambers: “…a comprehensive audit…has been commissioned”

On January 24, 2020, Mr Noel Chambers died in the Tower Street Adult Correctional Centre.

INDECOM 1st Quarterly Report 2020 - Noel Chambers - blog picOn June 2, 2020, the public was made aware of Mr Chambers’ death when the Independent Commission of Investigations (INDECOM) released its First Quarterly Report for 2020 at a digital press conference. The details given about Mr Chambers’ incarceration and death were horrifying and outraged the country.

“At the time of his death Mr. Chambers was 81 years old. He was incarcerated on February 4, 1980 and had been in prison for 40 years without being tried. He was being held at the Governor General’s pleasure, deemed unfit to plead to a charge of murder. Therefore he was being held in custody without being convicted for an offence….

At the time of his death he was in a deplorable physical condition. His clothing was filthy and his body showed evidence of chronic emaciation. He was covered with what appeared to be vermin bites, live bedbugs (‘chink’) and he showed signs of having bed sores.”

(p. 5, INDECOM First Quarterly Report 2020)

In the days following news of Mr Chambers’ death, we were told that more details regarding the circumstances surrounding his death and the government’s response would be given when Minister of National Security Horace Chang gave a statement in Parliament. The Department of Correctional Services, which manages the prisons, falls under the Ministry of National Security.

On June 16, 2020, Minister Chang gave a statement in Parliament.  This is the text of the statement…

Minister Chang statement re Noel Chambers blog pic

PARLIAMENTARY STATEMENT on death of Noel Chambers

…and this is a link to the Public Broadcasting Corporation of Jamaica’s (PBCJ) recording of the sitting of the House of Representatives that day. Minister Chang’s statement about the death of Mr Chambers begins at approximately 23:30 in the recording.

PBCJ Min Chang Parliament 16-6-2020 Noel Chambers statement pic

I have a number of concerns arising out of this statement, but the one I want to focus on here is the audit announced in Paragraph 4 of Minister Chang’s statement:

Mr. Speaker, it is important to note that a comprehensive audit into the circumstances surrounding the death of Mr. Chambers has been commissioned. This audit is expected to not only reveal the circumstances specific to his death but also to thoroughly examine the procedures involved in the treatment of inmates who are deemed unfit to plead. In the interim, I wish to outline the details of preliminary findings from the special investigation undertaken by the Department of Correctional Services.

“…a comprehensive audit into the circumstances surrounding the death of Mr. Chambers has been commissioned.” This is what the Parliament was told and by extension the country as a whole. This is put forward as a major mechanism for uncovering the details surrounding Mr Chambers’ death, for accountability and for recommending changes in the systems that allowed for his incarceration and death.

“…a comprehensive audit into the circumstances surrounding the death of Mr Chambers has been commissioned.”

  • Who commissioned the audit?
  • Who is carrying out the audit? What body? Which individuals?
  • What are the terms of reference of the audit?
  • What resources and powers have been granted for the carrying out of this audit?
  • What is the timeline for the completion of the audit?
  • To whom will the audit report be sent once it is completed?
  • Will the audit report be tabled in Parliament? Will it be made public?

If the answers to these questions are not made public, it will be difficult – if not impossible – for the public to hold the government accountable for this process and any subsequent action.

One reason why greater transparency is absolutely necessary is that this audit process may be being carried out by entities and/or individuals responsible for the circumstances that led to Mr Chambers’ incarceration and death.

More information is necessary, Minister Chang.

We need to remember that it wasn’t the Ministry of National Security that brought Mr Chambers’ death to public attention. Without INDECOM’s report, we would not have known.

 

 

 

 


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Integrity Commission Petrojam Reports Tabled in Parliament

Three reports from the Integrity Commission were tabled in Parliament today, June 30 2020. Two are special reports of the Commissions investigations into allegations regarding the functioning of Petrojam Limited; the third is the Annual Report of the Integrity Commission for 2019/2020. The point of this post is simply to make these reports  more widely available.

Integrity Commission Petrojam Report 1

REDACTED 2 – IC Petrojam Investigation – Recruitment and Parties October 18, 2019 final

Integrity Commission Petrojam Report 2

REDACTED -IC Petrojam Investigation – Donations October 2019 final

Integrity Commission Annual Report 2019-2020

Integrity Commission – Annual Report 2019-2020