Right Steps & Poui Trees


7 Comments

What Info Shall/May Be Included in the #NIDS Database? – What the NIDS Bill Now Says

Whether you support the proposed National Identification System (NIDS) unreservedly or oppose it absolutely or fall somewhere in between, it would be useful to know what information the NIDS Bill passed on November 21, 2017, allows to be collected and stored in the Database. The list of information is set out in the Third Schedule of the Bill and the current Third Schedule is different in a number of respects, when compared with the original Bill tabled in the House on March 21 this year.

In the original Third Schedule, all information to be collected was mandatory. The current Third Schedule distinguishes between information which will be mandatory and shall by included and other information which may be included, some of which will be voluntarily given if the person being registered so chooses. NIDS Third Schedule heading

Part A of the Third Schedule lists the Biographic Information to be collected, all of which is mandatory, except for e-mail address.

NIDS Third Schedule Part A

Part B lists Biometric Information, which is in the categories of Core Biometric Information (B1 & B2), which must be included in the Database, and Other Biometric Information (B3), which may be included in the Database. It has been explained that the information in B2 would only be required when finger prints are not available from the person being registered. The details of this would have to be set out in the Regulations, which are still being drafted. B3(1) refers to distinguishing features, which may be included in the Database, and seems self-explanatory as part of identification, but it is not at all clear under what circumstances it would be expected that an individual’s blood type would be included in the database. Again this points to the fact that many of the details about implementation are to be set out in the Regulations and how important it is that the public has an opportunity to see the Regulations before they are passed.NIDS Third Schedule Part B

Part C lists the Demographic Information that may be included in the Database, but this is entirely optional and the person being registered only needs to give it if they choose to. It is important that this is made clear to people at the time of registration. (Number 9 in Part C is a repreat of Number 5 in Part A(1). It has been explained that this is repeated because the information in Part A wouldn’t be available for statistical purposes, while that in Part C would be, and this information would be useful for such purposes.)NIDS Third Schedule - Part C

Part D lists the other Reference numbers that shall be included in the Database, where they are available. Part E lists the Registrarial History which shall be stored in the Database. This includes information about an idividual’s  National ID cards that have been issued, cancelled or returned. It also includes the information about instances in which an individual’s identity information has been disclosed to a requesting entity. (Clauses 43-45 of the Bill specifically deal with Disclosure of Information.) This is important information that should be permanently stored, as it allows an individual to know to whom their information has been disclosed.NIDS Third Schedule - Part D and Part E

Two other changes since the original Bill was tabled in March 2017 have to do with DNA and with the Minister’s power to amend the Third Schedule.

The initial Bill did not include DNA in the list of biometric information to be collected, but it did not prohibit it. The Bill now specifically excludes the collection of DNA, in the definition of biometric information in Clause 2.

NIDS Bill biometric information definition

The Bill does retain an amendment to the DNA Evidence Act in the Sixth Schedule.NIDS Bill Sixth Schedule - DNA Act

The list of information that shall or may be included in the Database is not set in stone. It can obviously be changed in the future, as is the nature of legislation. However, changes to the Third Schedule cannot be made by the Minister by order, subject to affirmative resolution, as was the case with the initial version of the Bill, but would have to go through the full process for amending the law. This is Clause 57(3).NIDS Bill - Clause 57(3)

It will be important to pay attention to the Regulations which will set out many of the operational details for the implementation of the law. The devil can be in the details at many different levels.

 

 


1 Comment

350 Words Or Less: Have You Read The #NIDS Bill As Passed?

The National Identification and Registration Bill with the Senate Amendments was passed in Parliament on Tuesday (November 21, 2017), in what turned out to be a controversial process. Whatever you think should happen next, the Bill is now posted on Parliament’s website, if you would like to read it. It has not yet been signed by the Governor General.

The National Identification and Registration Bill

NIDS Bill pic 2

 

 


3 Comments

A Cat as an Agent of Change: Weekly Photo Challenge – Transformation

“There are myriad ways to capture Transformation. How will you interpret this theme?”

The cat sat in the courtyard at Devon House.P1050624

Suddenly something caught her eye.P1050625

Someone had dropped a piece of a patty.P1050610

Soon the cat had transformed the piece of patty into crumbs.P1050615

Happy cat!P1050626

Weekly Photo Challenge – Transformation


1 Comment

National Identification & Registration (#NIDS) Bill: Senate’s 168 Amendments

Last week Monday, November 13, 2017, the Senate passed the National Identification & Registration Bill with 168 amendments. This was the second day on which the Senate had held a marathon session regarding this piece of legislation, the first session being the previous Friday. It is intended that the Bill, commonly referred to as the NIDS Bill, will go back to the Lower House for passage quickly, possibly this week.

At the time of publishing this blog post, the version of the NIDS Bill that is on Parliament’s website is the version that was passed in the Lower House on September 19, 2017, including the 100 plus amendments made there. The version of the Bill with the Senate amendments has not yet been posted, though I hope it will be before the Bill returns to the Lower House.

If you wish to know what the current status of the Bill is, here is a list of the Senate amendments obtained from Parliament: NIDS amendments blog picAmendments moved to the National Identification and Registration Act 2017 by the Senate which can be read in conjunction withNIDS Bill from Lower House blog pic the version of the NIDS Bill currently on Parliament’s website.

UPDATE – November 21, 2017: During an online Twitter/Facebook Town Hall about the NIDS yesterday, Senator Kamina Johnson-Smith, the Leader of Opposition Business in the Senate, who piloted the Bill through the Senate, confirmed that the Bill would be tabled in the Lower House today with the intention of passing it today. She said that once the Bill was tabled, the updated version would be posted on Parliament’s website. What this effectively means is that the public will not have an opportunity to review the Bill with the Senate amendments before it is passed into law.

The timing for passage of the Bill was also confirmed in a tweet from PM Holness’ account. (Note that although the time on the tweet here says 1:28 PM, it actually was about 4:30 PM when the tweet was sent.)PM Holness NIDS tweet 21-11-17

 


1 Comment

Note-Taking in the Visitors’ Gallery in Parliament: 2002…Yes! 2017…No?

Last week Friday (November 10, 2017) I went to Gordon House to observe the continuation of the Senate’s deliberations on the National Identification & Registration (NIDS) Bill.

Gordon HouseWhen I reached the entrance to the Parliament building, a police woman was conducting a search of women’s handbags. I placed my handbag on the table and then was told, as others were before and after me, that note-taking wasn’t allowed in the Visitors’ Gallery and that I would have to leave my papers downstairs if I wanted to go up to the Gallery. The large envelope of papers I was carrying included not only my notebook, but also my copy of the Bill being debated, the Amendments List tabled in the Senate the Friday before and other documents about amendments that we hoped would be made.

I was very annoyed and expressed my annoyance loudly. In exchanges with the police personnel and with the Marshal, I indicated that the rule against note-taking had been challenged years ago and had been changed to allow people in the Gallery to take notes. I was informed that it had been revised last year, that note-taking was now banned and could only take place with the permission of the President of the Senate. Another member of the public and I decided to remain downstairs while the Marshal went to see if we would be allowed in with our papers.

While we waited, we saw Senator K.D. Knight entering and approached him and informed him of what we had been told. He said he would check to see what was happening.

Not long afterwards, the Marshal returned and indicated that we could go up to the Gallery, which we did, taking our papers and notebooks with us. A number of colleagues who entered after I did relayed similar accounts of being told they couldn’t take notes and one had had to leave his papers downstairs.

Later on, prior to starting his presentation on the NIDS Bill, Senator Knight raised the matter of people being told they couldn’t take notes in the Gallery. The President of the Senate, Senator Tom Tavares-Finson, responded saying that he wasn’t clear what the origin of this no note-taking rule was, that it apparently required his permission for notes to be taken and that he was giving his carte blanche permission in that regard. His decision was a much appreciated one.

The reasons for my frustration and annoyance were twofold. Firstly, a rule against note-taking in the Gallery makes no sense. It is hard to see any logical reason for it. Members of the media are allowed to take notes. The Public Broadcasting Corporation of Jamaica (PBCJ) broadcasts the proceedings live, including streaming on the internet. What is the danger that is being protected against?

The other reason for my frustration is that in 2002 – fifteen years ago – Jamaicans for Justice (of which I was and still am a member), Transparency International (JA) and the Farquharson Institute wrote to Parliament asking for a meeting to discuss the no note-taking convention, which we felt should be repealed. We wrote to the Clerk of the House on March 28, 2002 and received a reply on June 13, 2002, indicating that in the interim a meeting of the Standing Orders Committee of the House had discussed the issue, had decided that the convention should be abolished and that a motion to this effect had been put to the House on Tuesday, June 11, 2002 and had been agreed to.

The Minutes of the Meeting of the Standing Orders Committee Held on May 28, 2002 at 2:20 P.M. ( Standing Orders Committee Minutes May 28 2002 ) say the following:Standing Order Committee minutes 28 May 2002

The Report of the Standing Orders Committee of the House of Representatives on Its Deliberations on Proposed Amendment to Standing Order No.65 and the Matter of Note Taking in Parliament ( Standing Orders Committee Report June 4 2002 ) says the following:Standing Orders Committee report June 4 2002

The Hansard Report for the Sitting of the House of Representatives on Tuesday, June 11, 2002 ( Hansard – House of Representatives June 11 2002 pp 626-643) contains the following record of the motion put by Dr Peter Phillips, then Leader of Government Business:

Hansard June 11 2002 aHansard June 11 2002 bHansard June 11 2002c

In 2002, the Government and Opposition members were in agreement that members of the public should be allowed to take notes in the Gallery. By their response to Senator Tavares-Finson’s decision, Government and Opposition Senators seemed to agree last Friday.

A number of us intend to follow up to find out why the no-note taking convention is once again in effect and to ask that it be removed…again. Hopefully, the problem will be quickly corrected.

(As a member and representative of human rights organization Jamaicans for Justice, I worked on this issue when it first arose. I remain a member of the organization. My blog posts are all done in my personal capacity, however.)

 


2 Comments

INDECOM Reports 8 Police Fatal Shootings in the Past Week: Any Body-Worn Camera Footage?

INDECOM logo 2In two press releases this week, the Independent Commission of Investigation (INDECOM) reported on eight people having been killed in the past seven days by members of the Jamaica Constabulary Force (JCF). In one of those incidents, members of the Jamaica Defence Force (JDF) were also involved.

The first release was issued on Monday:INDECOM Nov 6 2017 release aINDECOM Nov 6 2017 release b

The second release was issued today:INDECOM Nov 9 2017 release

The incidents took place in 5 different parishes: Kingston, St Catherine, Clarendon, St Mary and St James. As it investigates the incidents, INDECOM is asking anyone who may have witnessed or may have information about any of the fatal shootings to contact the organization.

One question I would ask is if any of the police involved in any of the fatal shooting incidents was wearing a body-worn camera and if there is any footage of the incidents. This would be particularly relevant to the incident in Salt Spring in St James, as that is reported as having ocurred during a planned police operation carried out by Mobile Reserve.

Terrence WilliamsAt a press conference on September 27, 2017, INDECOM Commissioner Terrence Williams spoke to the potential usefulness of body-worn cameras, saying:

“…most of the police shootings that you have in Jamaica have no witnesses but the police. So most of them will have no resolution but the police version, which may be true or it may be false. The body-worn camera provides that…an assistance in that accountability. And we were arguing from day one that why not use the body-worn cameras on those planned operations. So that you know you are going into a confrontation-type situation, it’s a very good time to wear the camera. So that your version of events can be depicted in this way of real evidence. We’re not seeing that at all. And we’ve had no update on it.”

He also made the startling statement:

“…in none of the shooting events that we have under investigation, including planned operations, were any body-worn cameras worn by the officers involved.”

COP QualloI think Commissioner of Police George Quallo needs to say whether the announced JCF body-worn camera programme is in operation or has been abandoned outside of the Zones of Special Operations.


24 Comments

Voluntary? Not Anymore: National Identification & Registration Bill Enrolment Amendment

 

One of the things that has been said repeatedly in discussions and presentations about Jamaica’s pending National Identification System is that it wasn’t going to be a mandatory system. Yes, people would need a National Identification Card (NIC) or National Identification Number (NIN) for all transactions with the Government and its agencies. Yes, many private entities might require a NIC or NIN from someone in order to do business with them. You might end up not being able to function in the society if you did not have a NIC or a NIN, but there was no offence or penalty in the Bill for not having a NIC or a NIN.

But that has changed.

On September 19, 2017, the House of Representatives passed the National Identification and Registration Bill, with approximately 100 amendments. Two of those amendments were to Clause 20 in PART IV of the Bill, which deals with Enrolment. Clause 20 deals with “Enrolment of registrable individuals” and two new subclauses were added to the Bill:

NIDS Bill Clause 20 amendments

The penalty referred to in the Fourth Schedule is as follows:NIDS Bill 4th Schedule Clause 20(9) offence

So if someone doesn’t apply to enrol in the National Identification System, without reasonable cause, they will have committed an offence in law and will be liable to a fine of up to $100,000.

So much for persuasion via public education regarding the benefits of the system or coercion via exclusion from being able to interact with public or private entities. It is now made explicit. Enrolment will be mandatory.

A number of significant changes addressing some of the specific problematic aspects of this new piece of legislation have been made to the Bill since it was first tabled in Parliament on March 21 this year. Many problematic issues remain. The Bill now goes to the Senate for further consideration.

NIDS Bill title picThe current version of the National Identification and Registration Bill