Right Steps & Poui Trees


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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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350 Words or Less: Police Using Body Cameras, But What Protocol Is Regulating Their Use?

This morning I saw a Gleaner report that the Jamaica Constabulary Force (JCF) is now actually using body cameras in some divisions.

This seems to follow on from the launch of a pilot project last summer and I wondered if the promised protocol to regulate their use had been completed.sg-tweet-re-jcf-body-cameras-21-2-17

I am very disturbed to now see a press release this afternoon from the Independent Commission of Investigation (INDECOM) saying that the JCF has not yet shared with it – the independent oversight body – “the proposed procedures and protocols that will govern the use of the equipment, collection and storage of data, and subsequent viewing of the footage.”indecom-press-release-jcf-body-cameras-21-2-17

The protocol regulating the police use of body cameras will to a great extent determine their usefulness as a tool to support both accountability and crime fighting. This has been clearly seen in other jurisdictions, probably best known in cases in the USA. Regulations regarding when cameras are turned on and off, how data is stored and protected, who has access to the footage and sanctions for failure to comply with the regulations are all extremely important. Also, a particular issue which has arisen in many instances in the USA is that of release of footage to the public. It is not tenable that body cameras are in use, but regulations have not yet been finalised and made public.

The importance of such a protocol has long been acknowledged. In January 2014, then Minister of National Security Peter Bunting  “noted that a protocol will be established, making it mandatory for the officers to engage the cameras once they are going on an operation.” (JIS report, January 24, 2014) Similar assurances were given last year when the body camera launch took place. Perhaps Minister Montague or Acting Commissioner Grant could give a public update regarding the current status of this essential protocol.

Some Related Links

Jamaica Observer: Police finally wearing body cameras-February 21, 2017

JCF: Police Issued with Body Worn Cameras – August 27, 2016

Jamaicans for Justice: JFJ Welcomes Police Body Cameras, Calls for Strong Protocols – August 25, 2016

Jamaica Information Service: Body Cameras for Policemen – January 24, 2014

 


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Crimes Committed by People on Bail: An Access to Information Story

Jamaica’s Access to Information (ATI) Act was passed in 2002 and I believe, despite some of the weaknesses which remain in its provisions, it is an extremely important and potentially powerful tool for members of the public.

The following objectives are stated in the legislation:ati-act-objectives

In addition to some problems with the legislation itself, there can be challenges to getting the requested information. Sometimes use of the Act goes smoothly; sometimes it does not. Here’s a recent and still ongoing experience of mine.

June 17, 2016

minister-montagueI heard a radio news report  about a speech that the Minister of National Security Robert Montague had given at a function the day before, in which he had made comments about people committing crimes while on bail and the need to make changes to the Bail Act because of this.

By email, I made the following request to the Ministry of National Security (MNS) under the provisions of the ATI Act:

I would like to make an ATI request for all data, reports, memos, correspondence, minutes, etc regarding people on bail who have allegedly committed further offences while on bail.

I heard Minister Montague on a clip on the news today giving some figures at an event yesterday, which I hope would be included in the information I am requesting.

I received this response from MNS:

This is to acknowledge receipt of your Access to Information Request, which will be processed and dealt with accordingly.

I heard nothing further for two months.

 August 18, 2016

I received an email from MNS:

I am hereby making the request for an extension of time to supply information regarding your requests, the request was dispatched for the attention of the respective party that would probably have such information in their possession. However, the information has not yet been provided to this office. Thank you

September 6, 2016

I sent the following response to MNS:

I note your request for an extension of time in providing the information I requested on June 17. However, given that this request was made 60 days since I made my request, I will be referring this to the Appeal Tribunal. 
I also note that no valid reason has been given for this delay.
That same day, I filed a request for an appeal before the ATI Appeal Tribunal.

September 9, 2016

I received the following from MNS:

This is to inform that your request was forwarded to the appropriate personnel/department to supply information with regards to your request. However, the information that you desire does not rest with this office and as such we do not have direct control for when the information is supplied in most instances. I regret the delay, however the information if available, will be forwarded as soon as it is obtained, thank you.

I replied to MNS:

If the information is not held by the Ministry of National Security, then my request ought to have been transferred to the relevant government ministry/agency and I should have been notified of that transfer. I haven’t been. If the information is held by the Ministry of National Security, in whichever office or section, the requirements of the ATI Act would apply.
I have made a request to the ATI Tribunal for an appeal regarding the Ministry’s failure to provide the information.

October 14, 2016

Following some intervention by the ATI Unit, I received the following email from MNS with a document attached:

Please find attached the information that was requested Re: “Persons on Bail Committing Additional Offences”. Apologies are extended for the delay in the conveying of this response.

jcf-bail-doc-coverA copy of the document (Jamaica Constabulary Force – Assessment – Impact on Serious Crimes by Persons on Bail – June 28, 2016) is availble here: jcf-assessment-on-serious-crimes-by-persons-on-bail-28-06-16

I sent the following response to MNS:

Thank you for your email and the attached document.
I am not satisfied, however, that this fulfills my request made on June 17, 2016 for:
“all data, reports, memos, correspondence, minutes, etc regarding people on bail who have allegedly committed further offences while on bail”
to which I added the following identifier:
“I heard Minister Montague on a clip on the news today giving some figures at an event yesterday, which I hope would be included in the information I am requesting.”
 
The single document provided is a JCF report dated June 28, 2016. Since this is subsequent to the date of my request and the date on which the Minister made his public statement, I must assume that further documentation resides with the Ministry of National Security.
If indeed it is the Ministry’s position that it holds no other “data, reports, memos, correspondence, minutes, etc” as per my request, then I would appreciate a definitive statement of this.

October 21, 2016

I have not yet had a response from MNS to my email sent on October 14 and my request before the Appeal Tribunal remains in place.

Restricting Bail Provisions & the Document Provided by MNS

The issue of passing or amending legislation to restrict access to bail beyond existing provisions is not a new one. Among the six anti-crime bills passed in 2010 were two amendments to the Bail Act, which were subsequently challenged in court and in 2011 were ruled unconstitutional and therefore void. (Nation, Adrian v The Director of Public Prosecutions and The Attorney General of Jamaica)

The issue was again raised this year when Prime Minister Andrew Holness stated the Government’s intention to amend the Bail Act during his Budget Debate presentation in Parliament on May 24. ag-mmf-5-7-16Minister Montague made his speech on June 16 (Jamaica Observer, 16/6/16)  and public discussion further intensified following Attorney General Marlene Malahoo Forte’s Sectoral Debate presentation on July 5, in which she stated

So, Mr Speaker, we are going to touch the Bail Act, again….We are going to make some radical changes. Right now, the sentiment is one of “no bail for murder, unless self defence arises on the Crown’s case and the likelihood of an acquittal is high’.

So four months after I began my ATI quest to get documents from the Ministry of National Security giving information about people on bail who have committed further offences while on bail – documents which might empirically ground the Government’s declared intention to amend the Bail Act – I have received one document, a six-page assessment by the Jamaica Constabulary Force. Only 3 of those pages deal with crimes committed by people on bail, and the information given is of a fairly cursory nature.

If this is the only document MNS has which deals with this topic, then it is frightening to think that this is what is being used to support a decision to amend the Bail Act.

If there are other documents held by MNS – or any other Ministry or public authority – then the MNS has failed in its duty to comply with the provisions of the Access to Information Act.

I await further communication from MNS or the hearing of my requested appeal before the ATI Appeal Tribunal to discover which of these two bleak possibilities is the case.

 


.#Matthew: Friday Morning Outlook From Jamaica

I went up on the roof this morning and the view is beautiful and peaceful, as it usually is. p1010350

Forecasts

matthew-met-service-release-30-9-16-5amThe current weather forecasts are, however, showing that Jamaica is increasingly likely to have a direct encounter with Hurricane Matthew. Our Met Service‘s 5am release says that “A Hurricane Watch may be required for Jamaica today.” A Hurricane Watch is usually issued 48 hours before tropical storm force winds are likely to be felt. Once we have that strength winds, it’s difficult to do any further preparations.

 

The National Hurricane Center’s (NHC) map at 8am EST (7am Jamaican time) forecasts that on Monday morning the eye of Hurricane Matthew is likely to be very near the eastern tip of Jamaica, and within the forecast cone a direct hit is quite likely. This can obviously change, but direct hit or not, we are in for severe weather, it seems. Here is the NHC 8:00am advisory.

 

matthew-nhc-map-30-9-16-8am

I don’t like what I am seeing on Weather Underground this morning, which forecasts Matthew as a category 3 hurricane when it affects Jamaica, and the computer models are clustering to show a likely direct hit.

wu-cone-30-9-16wu-computer-models-30-9-16

pm-tweet-30-9-16Jamaica Prepares

Prime Minster Andrew Holness held  an emergency meeting with Members of Parliament at the Office of the Prime Minister last night. He has posted an update on Twitter & Facebook, and if you scroll down on his Facebook page, there is a recording posted of the full meeting – Meeting on Hurricane Preparedness. This morning the newspapers have reports of that meeting.

Gleaner: Ready For Matthew – Gov’t Says It’s Prepared For Hurricane, Jamaicans Urged To Store Water

Jamaica Observer: J’cans urged to prepare for Hurricane Matthew

So, even as we keep an eye on the weather forecasts, it’s time to prepare.

I went through Hurricane Gilbert at this house, when it hit at category 3 strength in 1988, and I know that this house can stand a serious storm. But it was very frightening. I know what I need to do to prepare and am beginning to do it.  I hope we don’t have a direct hit; a major hurricane would cause devastating damage in Jamaica.