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:
The penalty referred to in the Fourth Schedule is as follows:
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.