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Disaster Risk Management Order No. 5, 2021 – Dated April 13, 2021 (& Amendment to Order No. 4)

On Tuesday (April 13, 2021) in Parliament, Prime Minister Andrew Holness announced new measures under the Disaster Risk Management. The gazetted order has been posted online on the Office of the Prime Minister’s website. It has not yet been posted on the Ministry of Justice website. I have posted a copy of the Gazette below.

For completeness, I have posted the amendment to Order No. 4 2021, although its provisions have now been replaced by Order No. 5


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New NIDS Bill Tabled in Parliament

Yesterday afternoon (December 15, 2020) the new National Identification System and Registration (NIDS) Bill was tabled in Parliament.

The Bill was read the first and second times and a Select Committee of the House was named; a Select Committee of the Senate is to be named and the two committees will sit jointly to review the new Bill. The MPs named yesterday were:

Delroy Chuck (Chairman), Fayval Williams, Marlene Malahoo Forte, Marsha Smith, Robert Morgan, Dwight Sibblies, Julian Robinson, Hugh Graham and Lothan Cousins.

In his statement about the new Bill to the House, PM Holness didn’t outline a timetable for its passage as he had done in September, but MP Chuck did mention it in his brief comments:

“It is a very important Bill and we certainly would like to use the next two months profitably and hopefully we can debate and have the Bill passed during this fiscal year.”

It is during this short period that the public will have the opportunity to read and analyse the Bill and to give feedback.

Below is the prepared text of the Prime Minister’s statement, which can be checked against the PBCJ recording to hear his additional comments and to hear the comments made by Leader of the Opposition, Mark Golding.

The proceedings regarding the new NIDS Bill start at approx 2:44:40 in the PBCJ recording.


Disaster Risk Management Order No. 15 – Dated November 1, 2020

On October 28, 2020, Prime Minister Andrew Holness announced some changes to the Disaster Risk Management measures. The measures are detailed in the Gazette of Disaster Risk Management (Enforcement Measures) (No. 15) Order, 2020, a copy of which is posted below.

The gazetted Order has been posted on the Ministry of Health & Wellness website (scroll to the bottom of their page), but at the time of publishing this blog, it is not yet on the websites of the Ministry of Justice or the Office of the Prime Minister.


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New NIDS Bill to be Tabled in Parliament Shortly…and be Passed by Year End?

At the first session of the new Parliament on September 29, 2020, Prime Minister Holness made a statement about the National Identification System (NIDS) and laid out the timetable in which he hopes to see the new NIDS Bill passed into law. With legislation that will have such far-reaching impact and which has already been the subject of much controversy, it is important that adequate time is allowed for public review of the Bill before it becomes law.  I am concerned that the timetable laid out by the Prime Minister may not allow sufficient time for this much-needed public review.

In his statement in Parliament, PM Holness said that the draft Bill had been completed and was before the Legislative Committee (of Cabinet) and that it would be tabled in Parliament before the end of October. A Joint Select Committee of Parliament would then be established and it was his hope that the Bill would be passed by the end of the year.

In too many instances over the decades, the deadline given by Joint Select Committees for submissions hasn’t allowed adequate time for interested groups and individuals to review and analyse the draft legislation and prepare submissions. In the current situation, if the new NIDS Bill is tabled within the next two weeks, there would be only 7 to 9 weeks for the entire process to take place, if the Bill is to be passed into law before the end of December. That is,

  • for the Joint Select Committee (JSC) to be established to consider the Bill and make a call for submissions;
  • for the public to review the Bill and make submissions and appear before the Committee, if asked;
  • for the Committee to undergo its own deliberations, considering any submissions, and write and table its report to Parliament;
  • for both Houses of Parliament to consider the report and its recommendations and debate the Bill and pass it.

It may be that once the new Bill is tabled, it will have been so carefully drafted and will have addressed the concerns raised in the judgment of the Constitutional Court which struck down the old Act, and will have taken into consideration many of the concerns raised by the public prior to the passage of the old Act, that there will be few new or remaining concerns to be dealt with. But until we see the new Bill we will not know.

We can read the new NIDS policy that was published in April. We can read or listen to the PM’s statement to Parliament in September. But until the Bill is tabled, we will not know what it actually says and, to use the cliché, the devil is always in the details.

So, for example, the new policy and the PM have said that enrolment in the NIDS will now be voluntary, but how is this addressed in the Bill? Could a situation arise in which government or private sector entities could make the presentation of a NIDS card or number mandatory to access service, so that enrolling in NIDS becomes mandatory in fact or practice, if not in law? Need for discussion before passage into law?

Let’s not have a repeat of the previous experience where a self-imposed deadline drives the process by which the legislation goes through the Parliament. And whereas I agree with the PM that the process shouldn’t be boundless, it needs to be realistic in its allowance for genuine consultation and discussion. This allowance for adequate time before passage of the legislation may indeed forestall problems after its passage, as well as simply being in accord with good governance practices.

(Just to note that the PM spoke about a space on the NIDS website that will allow for public comments about the new Bill. This raises the need for other forums for public information and input before the Bill is passed.)

Relevant Documents

PBCJ recording of Sitting of House, September 29, 2020

https://www.youtube.com/watch?v=axnFC1Xet48

“…we intend to have the Bill through the Legislative Committee before the end of October. The Bill will come back to this House and out of an abundance of caution, I can state here that it will go to a Joint Select Committee, so that there is no opportunity for unnecessary delays and that if there are issues that arise in the traditional way, we deal with it in the Committee. And the public can have their say. At, you know, I don’t want to determine the Parliamentary process but one would expect that the process is not unlimited. There must be some bound to it. And therefore we would like before the end of the year, this year, that we should be seeking to pass the Bill into law. Madam Speaker, once the Bill is tabled in Parliament, as I said, we will have a Joint Select Committee to navigate it through the Parliament and we hope that the deliberations will proceed apace.” 

PM Holness’ comment re new NIDS Bill timeline – Transcribed from PBCJ recording of Sitting of the House, September 29, 2020


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Disaster Risk Management Order No. 14 – Dated October 6, 2020

The Gazette of Disaster Risk Management Order No. 14 was posted online this morning. A copy of the order is posted below:

Prime Minister Andrew Holness announced the new and amended measures contained in this order in Parliament last week Tuesday (October 6, 2020). That the Gazette was posted on the governement website a week later is problematic, but it is the pattern that has prevailed throughout the many months since these Orders have been used. Perhaps we are meant to be grateful that the gazetted orders are posted on the Ministry of Justice, the Office of the Prime Minister and the Ministry of Health & Wellness (scroll all the way to the bottom of the page) websites, albeit some time after the measures are announced, as initially they were not posted online by the government at all.


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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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Gazette of Disaster Risk Management Order No. 8 – Dated June 15, 2020

The electronic copy of the Gazette of the most recent Disaster Risk Management (Enforcement Measures ) Order has now been posted on the websites of the Office of the Prime Minister and the Ministry of Justice. This is Order No. 8. The hard copy was not yet available from the Jamaica Printing Services when I called this morning (June 19, 2020).

Here is a copy of the Gazette:

Disaster Risk Management Order No 8 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 8) Order 2020 – June 15 2020

Order No. 8 is firmly dated June 15, 2020, though it obviously wasn’t gazetted on that date. On Tuesday night (June 16, 2020), Prime Minister Andrew Holness brought the draft order to the House for discussion, as has been his practice. No copies of the draft order were circulated to the Members of Parliament, which has been the recent practice.

AG Malahoo Forte Parliament 16-6-2020 PBCJDuring the discussion, Attorney General Marlene Malahoo Forte responded to a question that had been posed by an Opposition MP and her preface to her response makes clear that the Gazette of Order No. 8 was not available at the time.

All right, so the Disaster Risk Management Enforcement Measures Number 8 Order was promulgated by the Prime Minister last week taking, took effect on the 15th, which was yesterday. This is the non-gazetted, it is being gazetted and should be completed by now, but this is it. You will see a number of improvement, clarity. Right, I’m just telling you. So, it, the law does not require the Order to be laid in the House, but it’s going to be brought here.

– Attorney General Malahoo Forte, Parliament, 16-6-2020

The PBCJ recording of the sitting of the House is available and the Attorney General’s comments begin at approx 5:47:40 in the recording.

Tracking when the Gazettes of the Covid-19 Orders become publicly available has really raised fo me the issue of the dating of the Gazettes containing these Orders, as the Gazette often carries a date prior to the date when it seems that the gazetting has actually taken place.

How is the date for the Gazette determined? Is it the date on which the measures are first broadcast by the Prime Minister, but not yet gazetted? Or the date on which measures come into effect, but not yet gazetted? Or when the final draft copy is sent for gazetting? Or when the Gazette is actually printed?

It is an obscure process, but can have some significant consequences. I will try to find out more.

I am also posting here a copy of an amendment that was made to the previous Order, Order No. 7. Just for completeness.

Disaster Risk Management Order No. 7 Amendment

The Disaster Risk Management (Enforcement Measures) (No. 7) (Amendment) Order 2020 – June 1 2020


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Jamaica’s Gazetted #COVID19 Order: April 14, 2020

The new order detailing additional measures to deal with COVID-19 in Jamaica first announced by Prime Minister Andrew Holness on April 14, 2020 has now been gazetted.

Disaster Risk Management gazetted order April 14 2020

The Disaster Risk Management (Enforcement Measures) (No_ 3) (Amendment) (No_2) Order 2020

I have not yet found it posted on a government website, but when I do, I will share the link.

One thing of interest…although the order was only gazetted in the late hours of April 16 (or early hours of April 17?), it is back dated to April 14. Is that an acceptable practice?

The press release from the Office of the Prime Minister issued last night indicates the timeline for the gazetting.

OPM press release 16-4-2020 - Covid 19

Also, this gazetted order is Amendment No. 2 of Order No. 3, which was dated April 8, 2020. Was there a previous amendment to Order No, 3? If so, what was it?

 


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Jamaica’s Gazetted #COVID19 Orders: March 16 – April 8, 2020

So far I have found only one government website that has posted a copy of any of the gazetted orders issued by the Government of Jamaica in the past month to deal with the Covid-19 pandemic. I believe that this is unacceptable, when these orders are the legal documents setting out the many measures that have been implemented to deal with the serious public health threat posed by this new virus. Although details of the measures have been publicised in different ways by the government, the gazetted orders ought to be clearly posted online as soon as they have been Gazetted. I do not understand why this is not being done, despite the need having been pointed out to members of the Government for weeks.

In Parliament after 7 o’clock tonight (April 15, 2020), Prime Minister Holness stated that the order he broadcast yesterday,  implementing a lockdown of the parish of St Catherine, has not yet been gazetted. He says that he is presenting the order in Parliament to allow for discussion and possible amendment before gazetting. (Once I obtain a gazetted copy of the order, I will share it.)Holness in Parliament 15-4-2020

In the meantime, I am posting copies of all but one of the Gazetted orders made between March 16, 2020 and April 8, 2020 here on my blog and I thank the Twitter follower who shared them with me. (One caution. I think that these are all of the orders, but I am not absolutely sure, as there is nowhere on any government website that a list or copies of the orders has been posted. Not a good situation for the public.)

The gazetted orders are posted below in chronological order.

March 16, 2020

The Disaster Risk Management (Enforcement Measures) Order, 2020 March 16 2020 front page

The Disaster Risk Management (Enforcement Measures) Order – March 16, 2020

March 24, 2020

Covid- 19 gazetted order March 24 blog pic

Disaster Risk Management Act (Enforcement Measures) (no. 2) Order, 2020 March 24 2020

March 25, 2020

Gazetted Covid-19 order March 25 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 2) (Amendment) Order, 2020 – March 25 2020

March 31, 2020

Covid gazetted order March 31 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 2) (Amendment) (No. 2) Order 2020 – March 31 2020

April 1, 2020

Gazetted covid order April 1 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 2) (Amendment )(No. 3) Order 2020 – April 1, 2020

April 8, 2020

Gazetted Order Covid 19 April 8 2020 front page

Disaster Risk Management (Enforcement Measures) (No. 3) Order 2020

The April 8, 2020 order is the only one of the gazetted orders that I have found on a government website. It is on the Ministry of Health and Wellness’ Covid-19 page on the Ministry’s website.

 

The Trade (Sale of Goods During Period of Declaration of Disaster Area) Order, 2020 – March 31, 2020

Trade Act order March 31 2020 covid-19 blog pic

The Trade (Sale of Goods During Period of Declaration of Disaster Area) Order, 2020

This order came into effect on March 31, 2020, but I do not have a gazetted copy of it. This copy is posted on Parliament’s website, along with other non-gazetted copies of some of the other orders.Parliament Resolutions & orders 15-4-2020 blog pic

Related Documents

Disaster Risk management Act 2015 blog pic

The Disaster Risk Management Act, 2015

Horace Levy’s Letter to the Editor, Jamaica Observer, April 15, 2020 – Beware rule by edict! 

 


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Information Sharing Events: #COVID19 #Jamaica

Yesterday (March 10, 2020) Jamaica announced that it had its first confirmed case of the coronavirus COVID-19, a young Jamaican woman who had arrived in the island from the UK…

“…on March 4, presented to the public health system on March 9 and has been in isolation since then.

Based on the patient’s travel history and symptoms, health professionals suspected COVID-19. A clinical sample was collected and sent to the
National Influenza Centre, where laboratory tests confirmed the diagnosis
today at approximately 11:00 am.”

Minister Tufton – Press Statement re Corona Virus March 10 2020

Today (March 11, 2020) the World Health Organization classified the COVID-19 outbreak as a pandemic.

“In the past two weeks, the number of cases of COVID-19 outside China has increased 13-fold, and the number of affected countries has tripled.

There are now more than 118,000 cases in 114 countries, and 4,291 people have lost their lives.

Thousands more are fighting for their lives in hospitals.

In the days and weeks ahead, we expect to see the number of cases, the number of deaths, and the number of affected countries climb even higher.

WHO has been assessing this outbreak around the clock and we are deeply concerned both by the alarming levels of spread and severity, and by the alarming levels of inaction.

We have therefore made the assessment that COVID-19 can be characterized as a pandemic.

Pandemic is not a word to use lightly or carelessly. It is a word that, if misused, can cause unreasonable fear, or unjustified acceptance that the fight is over, leading to unnecessary suffering and death.

Describing the situation as a pandemic does not change WHO’s assessment of the threat posed by this virus. It doesn’t change what WHO is doing, and it doesn’t change what countries should do.

We have never before seen a pandemic sparked by a coronavirus. This is the first pandemic caused by a coronavirus.

And we have never before seen a pandemic that can be controlled, at the same time.

WHO has been in full response mode since we were notified of the first cases.

And we have called every day for countries to take urgent and aggressive action.

We have rung the alarm bell loud and clear.”

WHO Director-General’s opening remarks at the media briefing on COVID-19 – 11 March 2020

Online link here

Within the last week there have been a number of events aimed at sharing information about the COVID-19 disease generally and about the disease in the context of Jamaica. Most of these events took place before the first case was identified in Jamaica and the situation is developing rapidly around the world and here as well. But I wanted to pull together in one place some of the information events here and that is the simple purpose of this blog post.

March 10, 2020 – Ministry of Health & Wellness Press Briefing on 1st Case of Coronavirus confirmed

MOHW Covid-19 press briefing 10-3-2020

Unfortunately the Public Broadcasting Corporation of Jamaica recording doesn’t start right at the beginning of the press briefing, but the full text of Minister Chris Tufton’s statement can be seen in the first document in this blog post. And there is a full recording on Prime Minister Holness’ Facebook page.

March 8, 2020 – Minister of Health’s National Statement: COVID-19 Comprehensive Response Plan

Minister Tufton COVID-19 National Statement 8-3-2020This National Statement was broadcast on Sunday night on most of the main radio and television stations. I cannot find the text of it on the Ministry of Health website, however. Perhaps they will post it at some point.

What I also haven’t yet seen is a published copy of the Comprehensive Response Plan document and I don’t yet know when or if the government intends to make it public. I think it should be made public.

March 5, 2020 – University of the West Indies (Mona) Faculty of Medical Sciences, COVID-19 Pandemic Preparedness Conference

UWI Faculty of Medicine COVID-19 conference 5-3-2020

Dr Tomlin Paul, Dean of the Faculty of Medical Sciences, chaired this conference at which seven presentations were made on a variety of aspects of the situation. The presenters were:  Professor Celia Christie, Dr Carl Bruce, Dr Sandra Jackson, Dr Karen Webster-Kerr, Dr Christine Clarke, Professor Wendel Abel, Professor J. Peter Figueroa and their presentations were followed by a Q & A session. It was a very informative event and was streamed live, which extended the reach greatly.

March 5, 2020 – Meeting of the National Disaster Risk Management Council

National Disaster Risk Management Council 5-3-2020

The Council is headed by the Prime Minister and at the meeting he and a number of other Ministers and agency heads made presentations focused on COVID-19.

The situation continues to evolve and the need for timely official information is ongoing.