Right Steps & Poui Trees


Disaster Risk Management Order No. 9, Amendment No. 2, 2021 – Dated Sept 3, 2021

The gazetted copy of Disaster Risk Management Order No. 9, Amendment No. 2 is available online on the Office of the Prime Minister website, though not yet on the Ministry of Justice website. I have also posted a copy below. With many of the measures in this amendment expiring this week, another announcement by the Prime Minister is expected, perhaps in Parliament on Wednesday, when the House of Representatives resumes its sittings after the summer break.


Covid Reflections: Time for one of Dr Bisasor-McKenzie or Dr Webster-Kerr’s Covid-19 Updates

I’ve seen or heard pieces of information in the media about where we now are in the 3rd wave. For example, last week in an interview on Nationwide News Network, National Epidemiologist Dr Karen Webster-Kerr spoke about the expectation that the peak of this wave would occur in 2 weeks’ time and she gave projections for deaths in the coming weeks. During a discussion on Nationwide on Wednesday, Prof Winston Davidson mentioned that the reproductive number was now at 1.1. (For full disclosure, I was one of the other participants in the discussion.) In today’s Gleaner there is an article that refers to information said to have been obtained from Dr Webster-Kerr and the Ministry of Health and Wellness (MOHW):

“A hair-raising 250 COVID-19 deaths occurred in August, with another 60 fatalities still under investigation, said Dr Karen Webster-Kerr, national epidemiologist. Scores of other deaths reported in August occurred months earlier.

August 26 was the deadliest day for the month, with 20 persons succumbing to the COVID-19.

However, the 296 COVID-19-related deaths for March outstripped August’s.

Data from the Ministry of Health and Wellness obtained by The Gleaner showed that another 20 deaths in March are under investigation.

With the country recording a total of 69,054 COVID-19 cases as at September 2 and a total of 1,568 deaths as a result of the disease, the ministry is reporting that the overall (2020 to 2021) COVID-19 case death rate is 2.3 per cent.

The death rate in August (1.6 per cent) plunged only because infections soared almost fivefold, month-on-month, to more than 15,300.”

At the Office of the Prime Minister’s (OPM) press briefing on Wednesday (1-9-21), Prime Minister Holness included 3 of the slides that are normally included in the MOHW PowerPoint updates and he commented on them, something which he has done before, though moreso in Parliament. Although both the Chief Medical Officer (CMO) Dr Jacquiline Bisasor-McKenzie and Dr Webster-Kerr were present at the press briefing, neither spoke from the podium or gave the ususal update.

(Perhaps this was in keeping with the brief nature of the press briefing…only 3 slides, and only two questions allowed in the Q&A.)

The last of these MOHW Covid-19 updates that I can find is the one given at the OPM press briefing on August 19, 2021, by Dr Bisasor-McKenzie.

That is now more than two weeks ago, two weeks in which we have moved towards the peak of the 3rd wave. In that time there have been dramatic increases in the number of cases, the number of hospitalizations, the number of deaths. But we are being told that with the reproductive rate reducing and the positivity rate down from the high of 54%, there may be glimmerings of hope. This is exactly the time at which we need a full update from the CMO or the National Epidemiologist. To place us now in the context of indicators that the MOHW has used for so long.

Why haven’t we had one of these updates, at one of the times when we perhaps need it most, since the start of the pandemic?

We have been getting these periodically. They have been a useful way of tracking changes. Whatever problems some may have with aspects of the data, this is a way of following what the MOHW says the position is, what they are using to base decisions on, what the government is basing decisions on.

There was no MOHW Covid Conversation yesterday; Thursday is the ususal day for them if they are being held. No presentation at the OPM press briefing on Wednesday. No presentation at Parliament’s Joint Select Committee dealing with Covid-related matters on Tuesday; Parliament is on summer break. These are the three places that the public usually gains access to these updates. A presentation with commentary by Dr Bisasor-McKenzie or Dr Webster-Kerr would be best. But if that’s not going to happen, post the PowerPoint online on the MOHW website. In fact, press briefing or no press briefing, Covid Conversation or no Covid Conversation, Joint Select Committee or no Joint Select Committee, post it at regular intervals on the MOHW website.

During a crisis such as this pandemic, information to the public is crucial. With this Delta-variant-fueled 3rd wave, with our public hospitals not offering anything but emergency services, with bed capacity overwhelmed, with dangerous oxygen shortages, we are in a crisis within the crisis. We need more information, not less.


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On the Verge of a Third Wave? – Jamaica’s Current Covid-19 Situation

At the meeting of the Joint Select Committee on the Covid-19 Pandemic and Related Matters that was held at Parliament this week Tuesday (July 20, 2021), National Epidemiologist Dr Karen Webster-Kerr gave an update on Jamaica’s Covid-19 situation, using data as of July 19.

A copy of the slide presentation presented by Dr Webster-Kerr is available here:

Dr Webster-Kerr noted the increase in the number of new cases and the positivity rate that has been seen in the past couple of weeks.

She pointed out that the Reproductive Rate of the virus is once again over 1, now being at 1.1. This means that Jamaica is again experiencing exponential spread of the virus, albeit at a slow rate of spread. This rate could easily increase sharply without preventative measures.

One of the questions that has been asked frequently in recent weeks is whether the more contagious Delta variant is now present in Jamaica, particularly since it has now become the main strain of Covid-19 being seen in the UK and the USA, both being countries which see a lot of air travel with Jamaica. In Parliament last week, Minister of Health Chris Tufton said that genetic sequencing test results from samples sent to the CDC had not shown the presence of the Delta variant. When asked by Opposition MP Morais Guy, however, he was unable to say when those samples had been collected.

A slide in Dr Webster-Kerr’s presentation dealt with the samples sent for genome testing since December 2020 and indicated that the most recent results received were still those from the CDC.

However, in response to MP Guy’s question about how recent the samples were that had been sent for testing, Dr Webster-Kerr said that the samples sent to CDC on June 8, 2021, were mostly taken in May, with three from April and two from June. The samples sent to PAHO’s lab in Brazil on June 24, 2021, were mainly from April and May with a few from June.

This highlighted the point that the samples from which we have received results are too old to give any clear indication of whether or not the Delta variant is now in Jamaica.

Minister Tufton also responded on the issue of the samples and the Delta variant:

I think we have to be as straightforward with the country as possible, not just on the evidence based on the tests done but on the likelihood based on projections and circumstances. I think you raised an important point, Member [Morais Guy], on questioning the recency or age of the samples that were collected. And I think it’s quite clear that based on the dates around those samples the likelihood of picking up the Delta variant at that time would be less than it would be presently. And I think the most recent samples, the ones that are to go off, which would contain samples of June and hopefully July, would be our key insight, if you will, into whether the Delta variant is here.

These things normally not advisible to give a personal view but certainly based on the interactions that we are having as an open society with other geographic spaces that have the Delta variant as a dominant feature of those populations, I certainly believe that it is just more a matter of time before we detect that that variant is here. And I think the true, the same could be said for other populations throughout the world. This is the nature of the virus, this is how it spreads and once you are exposed with borders that are open of necessity, for trade or otherwise, you are going to have that level of exposure.

So I do believe that a more accurate reflection of what is present in the population as it relates to variant strains will come from the most recent batch of samples collected and I think the country should be advised of that and should continue to observe the protocols in anticipation that we are likely to have the Delta variant.

Minister Chris Tufton, Covid Joint Slect Committee, July 20, 2021 (Transcribed from PBCJ recording)

The Clinical Management Summary posted by the Ministry of Health and Wellness (MOHW) yesterday, giving the figures for Tuesday (July 20, 2021) added to the concerns being expressed. The number of new cases recorded was 111, which was the first time since May 27, 2021, that the number of new cases recorded in a day had gone over 100; it was 108 on that day. Also, the positivity rate was 16.1%; a rate higher than that had not been recorded since May 5, 2021, when it was recorded at 18.7%

In Parliament on Tuesday, Prime Minister Andrew Holness made a statement regarding the Covid-19 situation and indicated that the Cabinet Covid-19 Sub-Committee would be meeting on the weekend and that if the trends continued, tighter restrictions might be announced. Such an announcement might be made next week Tuesday.

In an interview with Dionne Jackson Miller on RJR’s Beyond the Headlines yesterday evening, epidemiologist Professor Peter Figueroa expressed concern about the point that Jamaica is now at, with an increase in cases and a Reproductive rate of 1.1.

We are facing an imminent surge of the Delta, it’s probably the Delta variant and that can be very swift with an increase in cases. We need measures immediately….I’m concerned because we cannot afford to watch and wait. When you look at the data, when you start to get an increase in cases, it rises rapidly.

Professor Peter Figueroa, Beyond the Headlines, July 21, 2021 (Transcribed from recording)

There seems to be a general consensus that if the Delta variant is not actually here yet, it will be sooner or later. And there are many who see the recent increases as an indication that we are already on the verge of a third wave of Covid-19 in Jamaica.

PBCJ RECORDINGS OF PARLIAMENT

Meeting of Joint Select Committee on the Covid-19 Pandemic and Related Matters – Tuesday, July 20, 2021

https://www.youtube.com/watch?v=A0YqkijcuaQ

Sitting of Parliament at which PM Holness made statement about current Covid-19 situation in Jamaica – Tuesday, July 20, 2021

https://www.youtube.com/watch?v=rAjn-ewhgoI&t=391s


The Bill to Amend the Disaster Risk Management Act

Posted below is the Bill to amend the Disaster Risk Management Act that has been tabled in Parliament.

And here is a copy of the Disaster Risk Management Act, 2015


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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


Prime Minister’s Covid-19 Statement in Parliament: October 6, 2020

In Parliament this afternoon (October 6, 2020), Prime Minister Andrew Holness made a statement about the current situation concerning Covid-19 in Jamaica and announced a number of changes to the measures pertaining to the management of the pandemic. These measures will be found in the Disaster Risk Management Order No.14, which is not yet available. Some of the measures went into effect at 6pm this evening; others go into effect tomorrow.

Below is the text of the Prime Minister’s statement and I have also included a link to the recording of today’s sitting of the House.

Two areas will have additional measures imposed because of a spike in the number of cases of Covid-19 that have been reported. They are Whitfield Town in Kingston and Waterford in St Catherine. The boundaries of the communities are given below:

The Public Broadcasting Corporation of Jamaica (PBCJ) recording of today’s sitting of the House can be found at this link and allows for the checking of the text of the PM’s statement against delivery.


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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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Minister Chuck & the INDECOM Debate

PBCJ Sitting of House July 21 2020 - Minister ChuckIn 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. JSC INDECOM Review 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…

Related Documents

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.)

Motion Regarding Amendments to Independent Commission of Investigations Act, 2020 - Minister of Justice Delroy Chuck May 27 2020

Text of Minister Chuck’s Opening Statement in Debate on INDECOM Act Amendment Motion 

Minister Chuck's Opening Statement in INDECOM Act 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

JFJ graphic

 

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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The Death of Noel Chambers: “…a comprehensive audit…has been commissioned”

On January 24, 2020, Mr Noel Chambers died in the Tower Street Adult Correctional Centre.

INDECOM 1st Quarterly Report 2020 - Noel Chambers - blog picOn June 2, 2020, the public was made aware of Mr Chambers’ death when the Independent Commission of Investigations (INDECOM) released its First Quarterly Report for 2020 at a digital press conference. The details given about Mr Chambers’ incarceration and death were horrifying and outraged the country.

“At the time of his death Mr. Chambers was 81 years old. He was incarcerated on February 4, 1980 and had been in prison for 40 years without being tried. He was being held at the Governor General’s pleasure, deemed unfit to plead to a charge of murder. Therefore he was being held in custody without being convicted for an offence….

At the time of his death he was in a deplorable physical condition. His clothing was filthy and his body showed evidence of chronic emaciation. He was covered with what appeared to be vermin bites, live bedbugs (‘chink’) and he showed signs of having bed sores.”

(p. 5, INDECOM First Quarterly Report 2020)

In the days following news of Mr Chambers’ death, we were told that more details regarding the circumstances surrounding his death and the government’s response would be given when Minister of National Security Horace Chang gave a statement in Parliament. The Department of Correctional Services, which manages the prisons, falls under the Ministry of National Security.

On June 16, 2020, Minister Chang gave a statement in Parliament.  This is the text of the statement…

Minister Chang statement re Noel Chambers blog pic

PARLIAMENTARY STATEMENT on death of Noel Chambers

…and this is a link to the Public Broadcasting Corporation of Jamaica’s (PBCJ) recording of the sitting of the House of Representatives that day. Minister Chang’s statement about the death of Mr Chambers begins at approximately 23:30 in the recording.

PBCJ Min Chang Parliament 16-6-2020 Noel Chambers statement pic

I have a number of concerns arising out of this statement, but the one I want to focus on here is the audit announced in Paragraph 4 of Minister Chang’s statement:

Mr. Speaker, it is important to note that a comprehensive audit into the circumstances surrounding the death of Mr. Chambers has been commissioned. This audit is expected to not only reveal the circumstances specific to his death but also to thoroughly examine the procedures involved in the treatment of inmates who are deemed unfit to plead. In the interim, I wish to outline the details of preliminary findings from the special investigation undertaken by the Department of Correctional Services.

“…a comprehensive audit into the circumstances surrounding the death of Mr. Chambers has been commissioned.” This is what the Parliament was told and by extension the country as a whole. This is put forward as a major mechanism for uncovering the details surrounding Mr Chambers’ death, for accountability and for recommending changes in the systems that allowed for his incarceration and death.

“…a comprehensive audit into the circumstances surrounding the death of Mr Chambers has been commissioned.”

  • Who commissioned the audit?
  • Who is carrying out the audit? What body? Which individuals?
  • What are the terms of reference of the audit?
  • What resources and powers have been granted for the carrying out of this audit?
  • What is the timeline for the completion of the audit?
  • To whom will the audit report be sent once it is completed?
  • Will the audit report be tabled in Parliament? Will it be made public?

If the answers to these questions are not made public, it will be difficult – if not impossible – for the public to hold the government accountable for this process and any subsequent action.

One reason why greater transparency is absolutely necessary is that this audit process may be being carried out by entities and/or individuals responsible for the circumstances that led to Mr Chambers’ incarceration and death.

More information is necessary, Minister Chang.

We need to remember that it wasn’t the Ministry of National Security that brought Mr Chambers’ death to public attention. Without INDECOM’s report, we would not have known.

 

 

 

 


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Integrity Commission Petrojam Reports Tabled in Parliament

Three reports from the Integrity Commission were tabled in Parliament today, June 30 2020. Two are special reports of the Commissions investigations into allegations regarding the functioning of Petrojam Limited; the third is the Annual Report of the Integrity Commission for 2019/2020. The point of this post is simply to make these reports  more widely available.

Integrity Commission Petrojam Report 1

REDACTED 2 – IC Petrojam Investigation – Recruitment and Parties October 18, 2019 final

Integrity Commission Petrojam Report 2

REDACTED -IC Petrojam Investigation – Donations October 2019 final

Integrity Commission Annual Report 2019-2020

Integrity Commission – Annual Report 2019-2020