In 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.
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…
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.)
Text of Minister Chuck’s Opening Statement in Debate on INDECOM Act Amendment 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
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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