Right Steps & Poui Trees


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The Gleaner’s Bank of Jamaica Information Request: A few ATI thoughts

Last Thursday (May 5, 2022) The Gleaner published an article titled “BOJ Mum on Money Price Tag” in which it told about the Bank of Jamaica’s refusal to grant access to information requested under the Access to Information (ATI) Act.

The Bank of Jamaica (BOJ) has refused to disclose the cost of financing the controversial upgrade of banknotes scheduled for release later this year.

An Access to Information (ATI) request submitted by The Gleaner for the cost to revamp the notes, first announced in Parliament by Minister of Finance Dr Nigel Clarke, was denied by the central bank.

“The contract relating to the cost of upgrading the banknotes is exempt from disclosure under the Access to Information Act,” the BOJ’s Deputy General Counsel Alvana Johnson said on April 22 in response to the request.

Johnson did not state which provision within the legislation it used to shield the disclosure of the cost.

The cost for the upgrade was determined based on bids submitted, The Gleaner was told, but details of the bids were not disclosed, nor were the names of the bidders.

Additionally, the BOJ, which is charged with the maintenance of the financial system’s stability, would not reveal who was awarded the contract.

Excerpt from Gleaner article, BOJ Mum on Money Price Tag, 5/5/2022

I don’t know the exact wording of the Gleaner’s ATI request but the topic certainly seems to be one that would be of general interest – matters concerning the production and the cost to the country of new bank notes that are to be issued later this year. It doesn’t really matter, however, whether anyone else would be interested in the information an applicant has requested. Just as it doesn’t matter why the information is requested. Section 6(3) of the ATI Act says:

The Gleaner says that BOJ denied its request for information and the ATI Act says – in Section 7(5) – that where that happens, the Govenment entity must give reasons for the denial:

The Gleaner included a quote from the BOJ saying that the relevant contract was exempt under the ATI Act. However the BOJ did not say which Section in the Act it was relying on in order to claim that the contract was exempt.

Part III of the ATI Act deals with exempt documents; it has ten sections with multiple subsections dealing with a number of reasons a document might be considered exempt from disclosure. The reasons are varied and include things such as

  • the disclosure would prejudice the security, defence or international relations of Jamaica
  • it is a Cabinet Decision, or other official record of any deliberation of the Cabinet
  • documents related to law enforcement, the disclosure of which would facilitate the escape of a person from lawful detention
  • the disclosure would reveal trade secrets
  • the disclosure would result in destruction of, damage to, or inteference with, the conservation of endangered species of plants or animals.

There are many more.

When a Government entity doesn’t give the reason for its denial of access, it is problematic, as I pointed out in this tweet:

On Friday (May 6, 2022), BOJ responded to the Gleaner article with a notice posted on its website – Cost of Upgraded Banknote Series:

Bank of Jamaica (the Bank) recently concluded a contract with De La Rue, a UK based company, to redesign and print the upgraded banknotes which will be put into circulation towards the end of this year. The Bank acknowledges the valid concerns regarding the provision of information about the cost of the upgraded banknotes. However, we are not able to disclose such information as the terms and conditions of the contract with De La Rue, which include the cost, are subject to a strict confidentiality agreement. In fact, personnel engaged in the procurement process were required to sign non-disclosure agreements prohibiting them from disclosing the settled payment terms. Disclosure would therefore expose the Bank to legal action for a breach of contract. The Access to Information Act exempts the disclosure of information relating to the terms of the Contract as to do so  would be an actionable breach of confidence.

The selection of De La Rue as the successful printer was the result of a rigorous procurement process conducted by the Bank with the final recommendation being approved by the Minister of Finance and the Public Service as required by the Bank of Jamaica Act.  The procurement process is consistent with the Government’s procurement guidelines. Six reputable banknote printers submitted bids which were assessed by a committee of the Bank’s currency experts. Based on confidentiality of the bidding process, the Bank is unable to divulge information on the other entities.

The cost of printing banknotes over the last three years (2019 – 2021) was approximately USD7.0 million per annum. For the upgraded banknotes, the cost will, initially be higher given (i) the significantly larger quantities to be ordered as the redesigned notes will fully replace the current notes over time, (ii) the new substrate, polymer, that will be used, (iii) enhanced security features to combat counterfeiting and (iv) the new designs for each denomination. However, the polymer substrate used will result in cost savings for the Bank over time as the average useful life of the banknotes will increase by at least 50 percent thereby enabling the Bank to order less banknotes and at a lower frequency in the future.  

Bank of Jamaica will provide relevant information regarding the new series of banknotes as part of a comprehensive public education campaign leading up to their introduction into circulation at the end of this year.

BOJ Notice, 6/5/2022

BOJ gave additional information in this notice, including the name of the company that was awarded the contract. It also said more about its reason for denying the Gleaner’s request, though it still did not specifically state the Section of the ATI Act it was relying on to claim an exemption. From its comment that “Disclosure would therefore expose the Bank to legal action for a breach of contract“, one might assume that one of the subsections of Section 17 is being relied on but an applicant ought not to have to make an assumption.

In a response on Twitter, BOJ did refer to Section 17…

…which says this:

The issue of the new bank notes has been of public interest and the subject of discussion since the Finance Minister’s announcement in Parliament two months ago. The Gleaner’s article and the BOJ’s responses have raised more questions, including ones to do with the application of the ATI Act. It will be interesting to see if the Gleaner is satisfied with the BOJ’s responses or whether they will request internal review of the BOJ’s decision or ultimately go to the Appeal Tribunal.


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The Public Health (Emergency Measures) (Coronavirus COVID-19) Order, 2022 – dated March 18, 2022

On Thursday, March 17, 2022, Prime Minister Andrew Holness announced that the use of the Disaster Risk Management Act (DRMA) to implement Covid-19 emergency measures would end the following day. He said that a few of the measures that had been in place would instead be administered under the Public Health Act but that all others would come to an end.

The Ministry of Health & Wellness (MOHW) issued a press release about the revocation of the DRMA Covid-19 Orders and indicated that a copy of new Public Health Enforcement Measures Order was attached to the release.

However, although the press release was posted on the MOHW website, the attached Order doesn’t seem to have been posted there. It was posted on the Office of the Prime Minister’s website.

I have posted a copy of the Order below.

Some of the measures are scheduled to expire in a week’s time, on April 15, 2022 and the PM had indicated that a review is to take place to determine what will happen after that time. If the Covid data from the MOHW continues on the trend of the past few weeks, it is likely that the remaining measures will not be extended. The rising number of cases and hospitalisations in the UK, the USA and Canada is cause for concern, however, as in the past increases in those countries have been followed some weeks later by increases here in Jamaica.


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The Last of the COVID-19 Disaster Risk Management Orders – January 14 & 28, February 11 & 25 and March 18, 2022

In Parliament last week Thursday – March 17, 2022 – Prime Minister Andrew Holness announced the end of the use of the Disaster Risk Management Act (DRMA) for the issuing of measures to deal with the Covid-19 pandemic in Jamaica, after 2 years of use. This was generally expected and the Prime Minister indicated that while most measures, including the nightly curfews, would be ended outright, some would be kept in place via regulations under the Public Health Act. This includes the requirement to wear masks in certain enclosed indoor areas accessed by the public, which remains until April 15, 2022.

The Order ending the use of the DRMA, effective March 18, 2022, was displayed in Parliament but has not yet been posted online.

“With effect from the 18th day of March, 2022, the Disaster Risk Management (Declaration of Disaster Area) Order, 2020 is revoked.”

For completion, I am posting below the last 4 DRMA Orders, all issued in 2022. They are all posted on the Ministry of Justice website, though not all on the Office of the Prime Minister website.

Click here to view the PBCJ recording of PM Holness’ presentation in Parliament in which he spoke about ending the use of the DRMA to implement Covid-19 measures. The presentation was made during his Budget Debate presentation and begins about 37 minutes into the recording.

The Covid-19 pandemic use of the DRMA has come to an end and there is much worthy of detailed study and comment about it, including whether it was the appropriate method for the issuing of these measures for such an extended period of time; the amount of power it placed in the hands of the Prime Minister; how the issuing of the Orders was actually handled; the way in which the details of the Orders and gazetted copies were disseminated to the public and the scope of the measures contained in the Orders and the impact they had on life in Jamaica. It will be worth looking at what lessons, if any, have been learned for next time…whatever that next time turns out to be…


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A Week Later & for the Prime Minister, the Argument is Still Done

A week ago, on Sunday, January 9, 2022, Prime Minister Andrew Holness held a press conference to announce a Zone of Special Operations (ZOSO) in Parade Gardens in Central Kingston because of the levels of violent crime occurring in the area. When the press conference had been called the evening before, many wondered if it was being called because of the increase in Covid-19 cases that was happening as the 4th wave picked up momentum.

During the question and answer period, Gleaner reporter Tenesha Mundle asked PM Holness this question:

“Are we planning to return to lockdowns and, if lockdowns are off the table, what other strategies will be implemented to halt the current Covid-19 wave?”

PM Holness replied:

“I wasn’t planning on turning this into a Covid Conversation. But I know there is great tension in the air. And what it says to me is that people are not listening to what I have said. I’ve been very clear, in Parliament, very clear, absolutely, gone overboard to say we are not going back to lockdowns. So, be calm! And I’ve said what the strategy is. It is now in your hands! Go and take the vaccine! That is the strategy. We can’t hold you down and put the needle in your hand. If you get sick, you tek that responsibility. There is an option; we have vaccines all over the place. We have sites all over the place. I don’t hear one person complain that they can’t get the vaccine anywhere. Go and get vaccinated! Argument done!”

Argument done. Go and take the vaccine. That is the strategy.

In the week that followed, the situation has worsened:

  • We have had the highest reported number of new confirmed cases in a 24-hour period since the start of the pandemic (1968 on Jan 15, 2022)
  • We have had the highest positivity rate since the start of the pandemic (68.6% on Jan 13, 2022) and on 5 days of last week , the positivity rate was over 50%.
  • The number of people hospitalised with confirmed cases of Covid-19 moved from 294 at the start of the week to 446 by the end of the week.
  • In Parliament on Tuesday (Jan 11, 2022) in a statement in which he extended existing Covid measures without changes for another 2 weeks, PM Holness noted that although the country’s Covid bed capacity of 700 beds had not yet been reached, hospitalisations were increasing sharply and Covid beds might soon be full. (The slide he shared was a reminder that hospital beds are occupied by both people with confirmed Covid cases and those with suspected cases, who are awaiting test results. The daily reports from the Ministry of Health & Wellness give the number of people hospitalised with confirmed cases only; so the number actually is always higher on the ground.)

During the week, the heads of regional health authorities and some hospitals were in the news detailing some of the challenges that were being experienced in the health system:

In a Jamaica Observer article on Thursday (January 13, 2022), – University hospital under pressure from Covid patients – Chief Executive Officer at University Hospital of the West Indies (UHWI) was quoted commenting about the situation at the hospital:

Chief executive officer of UHWI Kevin Allen told the Jamaica Observer that the operations at the institution were becoming difficult as the fourth wave of the virus shapes up to wreak havoc. He reported that the system is further strained as roughly 90 nurses are at home, sick.

For patients and staff, Allen said the situation is “stressful, frustrating and difficult”. He encouraged staff to “hold it because the worst is yet to come”.

“We are putting systems in place and we are working to see how best we can ensure we hold it. We are not in breakdown days yet, but it is rough,” he said.

“The last report I have seen, we have some 90 nurses out of the system and that is crippling our operations. We have roughly 880 nurses and about 10 per cent have come down with the virus,” Allen added.

“We were already operating short with these skill sets, so to lose so many will impact on the quality of care. All the areas that we operate are full. The field hospitals are full, isolation is full, emergency is full with patients. We had to revert to using tents.”

On Friday (January 14, 2022), UHWI issued a press release notifying the public to expect delays at the hospital.

On Saturday (January 15, 2022), Minister Tufton posted a series of tweets about the situation at a number of hospitals he had visited, including Bustamante Hospital for Children, which was being affected by an increase in Covid-19 cases and reduced staff, due to infection and quarantine.

In an article in Loop News that same day – Covid Surge: Highest number of paediatric cases at Bustamante hospital – Senior Medical Officer, Dr Michelle-Ann Richards-Dawson was quoted as saying:

“We are currently in the fourth wave of the pandemic. We have been through three before but this one is different. The pace at which people are getting infected and symptomatic is alarming and therefore it is important that we vaccinate to protect ourselves and our loved ones”.

The Jamaica Medical Doctors’ Association (JMDA) issued a release expressing their concerns about the current situation…

…which was endorsed today by the Medical Association of Jamaica (MAJ)…

So with this and more having occurred in the last week, many people wondered if Covid-19 would be on the agenda of the Office of the Prime Minister press conference announced last night. However, it wasn’t.

This morning, PM Holness told the country that a ZOSO had been declared for some sections of Westmoreland, which has been plagued by violent crime. At the end of the press conference, the ususal question and answer segment took place. The final question was asked by Ricardo Brooks of Nationwide News Network.

Ricardo Brooks: Good morning, Prime Minister. The country’s positivity rate has topped 60% and hospitalization, the situation there is deteriorating. Do you still hold to the point that “Argument done”?

The Prime Minister answered: You have said it. Thank you!

That was all. And then the press conference ended.

At the point we are at in the 4th wave, this is not an adequate or appropriate response from Jamaica’s Prime Minister. We are told that the peak of the wave is not expected for another two or more weeks. The health care system is already on the verge of being overwhelmed by the increased number of cases and the staff shortages. The strategy that PM Holness offered last week – “Go and take the vaccine! That is the strategy.” – will not slow this current surge. He may feel he has spoken enough; he may feel frustrated; he may have had another appointment to go to. But this was a national press conference he called, to talk about another issue, yes. But he must have expected that he would be questioned about the Covid-19 situation and it would have been good if he had used the opportunity, on a Sunday morning, to have said something more useful.


Disaster Risk Management Order No. 12 – Dated December 10, 2021 (& Order No. 11 Amendment No. 2 – November 27, 2021)

The gazetted copy of the current Disaster Risk Management Order – No. 12, dated December 10, 2021 – was posted on the Office of the Prime Minister’s (OPM) website on December 24, 2021. To date, it hasn’t yet been posted on the website of the Ministry of Justice (MOJ).

I have posted a copy below. I have also posted a copy of Amendment No. 2 for Order No. 11, dated November 27, 2021.

Despite the fact that these Orders govern some fundamental aspects of our lives in profound ways, and have done so for the better part of the past 2 years, neither of the two government websites which post these gazetted Orders online has a complete set of them posted. The Ministry of Justice hasn’t yet posted a copy of the current order, 18 days after the measures went into effect. And the Office of the Prime Minister posted the current order on December 24, two weeks after the measures took effect, on December 10. OPM also still hasn’t posted some of the previous orders, Order No. 11, for example, nor its 2nd amendment.

MOJ DRMA Orders page on 28-12-21
OPM DRMA Orders page on 28-12-21

Some would say this is of little significance because fewer and fewer people are paying attention to the measures that are announced anyway and enforcement of many measures is very relaxed and arbitrary. So post them? Don’t post them? Whatever….

But what is the impact of repeatedly announcing measures which are routinely ignored? This might be worth considering.


Two Events in 24 Hours: A Signal of the Level of Covid Concern?

Yesterday evening (December 15, 2021), the Ministry of Health and Wellness (MOHW) held its first Covid Conversation press conference in nearly two months; the last one was held on October 26, 2021. This morning, Parliament’s Joint Select Committee on the Covid-19 Pandemic and Related Matters, chaired by Minister Tufton, met for the first time since July 20, 2021, five months ago. (If they’ve met more recently than that, I would stand corrected.) After months of these events not being held, two within 24-hours. That signals a level of concern about what is likely to be happening with Covid come the new year and a desire to signal this concern before the news and information lull that comes with the Christmas holidays.

We are right now in a comparatively good place regarding Covid-19 in Jamaica. Today National Epidemiologist Dr Webster-Kerr noted that for the first time in months the 7-Day Average for our Positivity Rate is below 5%. It is 4.9%.

She also said that we have now come out of our 3rd wave, which peaked in September, and that we are in what could be considered an inter-wave period. The number of confirmed cases has been coming down steadily, though there might be a little leveling off, she said.

Additionally, the pressure on hospitals at this time is not from Covid-19 patients, with all four of the health regions being well below 50% of their Covid-19 related capacity.

In almost all of the Covid-19 indicators, we have been moving in the right direction. Dr Webster-Kerr said:

“This is the picture. It’s looking good at this time but we have to be careful, in that for most of the indicators we are above where we were in between the 2nd and 3rd waves. So we can still increase rapidly, if we are going into the 4th wave.”

She did also note that the vaccination level is too low to have an effect on transmission, though it is having an effect on severe disease and deaths.

For weeks we have had warnings from many quarters, including the Prime Minister, the Minister of Health, the Chief Medical Officer, various medical bodies, individual doctors, epidemiology and public health experts, that we should expect a 4th wave, most likely starting in January. The identification of the new Omicron variant in late November has made this likelihood more of an inevitability.

The warnings were repeated at both the Covid Conversation yesterday and at the Joint Select Committee (JSC) meeting today. The holding of the two meetings in such quick succession signals the level of concern that there is about the 4th wave and the need to give the country an update before Christmas, with its associated activities that are likely to contribute to that wave.

In the discussion about the Omicron variant at the JSC today, Minister Tufton said:

“I would venture to say, and at the risk of appearing to be an alarmist, that’s not my intention, but I would venture to say, given what we know of this season and the interactions that are likely to take place, cross border interactions, whether diaspora or tourism related, it is highly likely that if the virus isn’t here already, it is highly likely that it will be here after the holiday season. And I think we have to be frank about this, I think we have to make it clear to the country, which is why we have continued to emphasize the wearing of the mask, physical distancing, the observation of the protocols around gatherings and indeed, where one is in doubt because they have symptoms or feel exposed, they should get tested. It is part of the preparation for the 4th wave because we do not believe that we, as an open society where we depend whether on trade or travel in one form or another, that it is going to be a permanent situation to keep the variant out. It’s just not practical. And I suspect the holiday season will only serve to add a greater risk or probability of that happening.”

So two events in 24 hours. After months without them. With everyone on the verge of pivoting to Christmas and year end activities. Let it not be said, however, that the year ended without these two mechanisms being resurrected to warn about the 4th wave and update about the preparations for same.

PBCJ Recording of Joint Select Committee on the Covid-19 Pandemic and Related Matters, December 16, 2021


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350 Words or Less: No Need for Covid Conversations Anymore?

One of the communication tools the Ministry of Health and Wellness (MOHW) has used during the pandemic to share information with the public is the press conferences dubbed Covid Conversations. For some periods, these Conversations took place routinely on Thursday evenings and included an epidemiological update on the Covid situation in Jamaica, with slides, presented by the Chief Medical Officer or the National Epidemiologist. Aspects of policy and administration would be dealt with and current issues that had recently arisen. Importantly, it was also an opportunity for members of the media to ask questions of MOHW representatives, including the Minister and Permanent Secretary, and have them answered on the record. And the PBCJ recordings of these events have provided a very useful archive for tracking aspects of the pandemic and the MOHW’s approach.

In more recent months, however, these Covid Conversations have been held less frequently, as I and fellow blogger Emma Lewis have commented on on Twitter:

It isn’t that the Minister or the CMO or the Director of Family Health Services are not accessible to the media. They certainly do interviews on various radio programmes. However, these are not archived in the way that the PBCJ recordings are and quickly become inaccessible to the public and they certainly won’t be available via Access to Information requests. And when the Minister speaks in Parliament, members of the media don’t get to ask him questions there.

The last Covid Conversation was held on the morning of Tuesday, October 26, 2021, an unusual day and time, as the Minister himself commented. That’s 4 weeks ago today. There has been no Covid Conversation in November. Why not? Has MOHW decided that these convos are no longer useful? If so, what is the strategy being used to replace them or to provide other means for the sharing of the information they provided and the regular opportunity to have questions asked and answered? Or is it that there’s nothing new to share or to answer questions about? Covid’s over?

Maybe this Thursday we’ll have another Covid Conversation…or maybe not…


Disaster Risk Management Order No. 11 Amendment – Dated November 18, 2021

The current Disaster Risk Management Order has now been posted on the Ministry of Justice website, which has a new look for the arrangement of its archive of these gazetted Orders. Perhaps the transition to this new arrangement was what was causing some glitches to the page over the past couple of days. Neither Order No. 11 nor this Amendment is posted on the OPM website yet.

Here is a copy of this gazetted Order, Disaster Risk Management (Enforcement Measures) (No. 11)(Amendment) Order, 2021:


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Disaster Risk Management Order No. 11, 2021 – Dated October 29, 2021

This is a copy of Disaster Risk Management Order No. 11, 2021, dated October 29, 2021. It is not the most recent Order, as Prime Minister Holness announced changes to the measures in Parliament last Tuesday (November 16, 2021). The new Order or Amendment to this Order has not yet been posted on either the OPM or Ministry of Justice website.

A copy of this gazetted Order is posted on the Ministry of Justice website but is not yet posted on the OPM website.


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The Emergency Powers (Specified Areas in the Parishes of Kingston and St. Andrew) Regulations, 2021: a copy of the Gazette

On Sunday, November 14, 2021, Prime Minister Andrew Holness announced that States of Public Emergency had been declared in the parishes of Westmoreland, Hanover and St James and in the police divisions of St Andrew South, Kingston Western, Kingston Central and Kingston Eastern in the Corporate Area.

Below is a copy of the Gazette with The Emergency Powers (Specified Areas in the Parishes of Kingston and St Andrew) Regulations, 2021, which relate to the current State of Emergency.