MINUTES
OF THE
HONOURABLE JAMAICA HOUSE
OF REPRESENTATIVES
At a meeting of the Members of the House of Representatives held pursuant to adjournment at Gordon House in the City and Parish of Kingston on Tuesday, the
7TH DAY OF JUNE, 2011
The House met at 2:27 p.m. o’clock.
PRAYERS Prayer was offered by the Reverend Ronald Thwaites.
CALL OF THE ROLL PRESENT WERE:
Hon. Delroy Hawmin Chuck, M.P., Speaker
Mrs. Marisa Colleen Dalrymple-Philibert, M.P., Deputy Speaker
Hon. Andrew Holness, M.P., Minister of Education and Leader of the House
Hon. Audley Fitz Albert Shaw, M.P., Minister of Finance & the Public Service
Hon. Pearnel Patroe Charles, M.P., CD, Minister of Labour & Social Security
Hon. Rudyard Conrad Spencer, M.P., OD, Minister of Health
Dr. the Hon. Christopher Charles Tufton, M.P., Minister of Agriculture and Fisheries
Hon. Shahine Elizabeth Robinson, M.P., Minister of State in the Office of the Prime Minister
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Hon. Robert St. Aubyn Montague, M.P., Minister of State in the Office of the Prime Minister
Mr. Peter Murcott Bunting, M.P., Manchester, Central
Mr. Roger Harold Clifford Clarke, M.P., Westmoreland, Central
Dr. Omar Lloyd Davies, M.P., St. Andrew, Southern
Dr. Fenton Rudyard Ferguson, M.P., St. Thomas, Eastern
Ms. Lisa Rene Shanti Hanna, M.P., St. Ann, South Eastern
Mr. Ian Dave Hayles, M.P., Hanover, Western
Mrs. Maxine Antoinette Henry-Wilson, M.P., St. Andrew, South Eastern
Mr. Fitz Arthur Jackson, M.P., St. Catherine, Southern
Mr. Desmond Gregory Mair, M.P., St. Catherine, North Eastern
Mr. Phillip Feanny Paulwell, M.P., Kingston Eastern & Port Royal
Mr. Michael Anthony Peart, M.P., Manchester, Southern
Mr. Tarn Andrew Peralto, M.P., St. Mary, South Eastern
Dr. Peter David Phillips, M.P., St. Andrew, East Central
Rev. Ronald George Thwaites, M.P., Kingston, Central
Mr. Clifford Everald Errol Warmington, M.P., St. Catherine, South Western
ANOUNCEMENTS
The Clerk laid on the Table of the House, a copy of the following:
Ministry Paper No. 39 /2011 Cabinet Agenda Issues for May 24, 2011 (Cabinet Offices)
Factories Corporation of Jamaica Limited Annual Report and Audited Financial Statements for the Financial Year 2009/2010 (Ministry of Industry, Investment & Commerce (MIIC)
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NOTICES OF MOTIONS GIVEN ORALLY
The Minister of Education and Leader of the House, the Honourable Andrew Holness, on behalf of the Minister of Industry, Commerce and Investment, the Honourable Karl Samuda, gave notice that at the next meeting of the House he would move:
BE IT RESOLVED that this Honourable House approve the actions and policies pursued by the Government with respect to Economy and Production for the Financial Year 2010/2011 and further approve the policy projections as announced for the Financial Year 2011/2012.
The Minister of Education and Leader of the House, gave notice that at the next meeting of the House he would move:
WHEREAS on the 5th day of April, 2011, this Honourable House of Representatives gave approval for the Sessional and Special Select Committees which were appointed in that session of Parliament to continue in this Session with unchanged composition of membership except, where necessary, by further motion taken and approved by this Honourable House:
BE IT RESOLVED with reference to the Public Accounts Committee that the name “Dr. Omar Davies” be deleted and the name “Dr. Peter Phillips” be substituted therefor:
AND BE IT FURTHER RESOLVED that Dr. Peter Phillips be appointed Chairman of the Committee.
He further gave notice that at a later stage that day he would move for the suspension of the Standing Orders to enable him to take the motion.
QUESTIONS AND ANSWERS TO QUESTIONS
The Reverend Ronald Thwaites gave notice that at the expiration of 21 days he would ask the Prime Minister the following question:
On what basis can a Minister exceed the remit of taxation or public expenditure approved by Parliament, vary the terms of that approval or vire or assign the designated proceeds of taxation, or approved expenditure without legislative approval?
(Dr. Donald Rhodd, M.P., Portland, Eastern entered and took his seat).
(The Minister of State in the Ministry of Agriculture and Fisheries, the Honourable William Hutchinson, entered and took his seat).
(Dr. Morais Guy, M.P., St. Mary, Central entered and took his seat).
The Reverend Ronald Thwaites gave notice that at the expiration of 21 days he would ask the Minister of Education the following question:
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Part 1 What will be the levels of auxiliary fees for High School students during the upcoming 2011- 2012 school year?
Part 2 Will the Minister state whether High School Students on the PATH programme are obliged to pay auxiliary fees?
Part 3 Will the Minister commit to publish the required text and workbooks for Primary and Secondary Schools for the upcoming academic year, to state which of these will be provided by the Ministry and to affirm that the books so prescribed are adequate without more for instructions.
Mr. Roger Clarke gave notice that at the expiration of 21 days he would ask the Minister of Agriculture and Fisheries the following question:
Part 1 Is the Minister in a position to provide a timetable for bringing closure to the divestment of the government-owned sugar estates?
Part 2 If the answer to part 1 is in the affirmative, can the Minister provide this timetable?
Part 3 Will the Minister provide information/data on the financial operations of Jamaica Sugar Holdings since its inception?
Part 4 Will the Minister indicate how Jamaica Sugar Holdings’ deficit, if there is one, was covered?
Part 5 Will the Minister indicate the level of expenditure, capital and recurrent, on the Monymusk and Frome sugar factories over the past three years?
Part 6 Will the Minister provide data on the production cost per pound of sugar for the past three years?
Part 7 How do these production costs compare with the prices negotiated over the various contracts?
Dr. Omar Davies gave notice that at the expiration of 21 days he would ask the Minister of Transport and Works the following question:
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Part 1 Will the Minister provide data on the ridership of the JUTC for the last three years (fiscal and calendar), disaggregated by:
a) regular passengers b) disabled c) elderly d) children
Part 2 Will the Minister provide data, over the same three year period, on the average daily bus turn out?
Part 3 Will the Minister provide data on the operating expenses of the JUTC for the same three year period, disaggregated by the main expenditure categories?
Part 4 Will the Minister provide data on the revenues over the same three year period?
Part 5 Will the Minister provide data on the level of direct cash transfers from the Ministry of Finance to the JUTC over the same period.
Part 6 Will the Minister provide data on the annual value of indirect financial support from the Ministry of Finance for the same period, disaggregated by source of support?
Part 7 Will the Minister provide projections for the fiscal year 2011-2012 on the same variables for which information have been provided for the last three years?
MOTIONS THAT MAY BE MADE AT THE COMMENCMENT OF PUBLIC BUSINESS
The Leader of Opposition Business, Mr. Michael Peart, again raised the issue of the delay in debating the censure motion brought against the Member for St. Andrew, East Central. The Minister of Education and Leader of the House responded by mentioning that the motion would be debated on June 21, 2011.
Mr. Clifford Warmington also spoke on the matter.
(Mr. Colin Fagan, M.P., St. Catherine, South Eastern entered and took his seat).
(Mr. James Robertson, M.P., St. Thomas, Western entered and took his seat).
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The Minister of Education and Leader of the House moved for the recommital of the item “Questions and Answers to Questions”.
Seconded by: Mr. Desmond Mair . Agreed to.
QUESTIONS AND ANSWERS TO QUESTIONS
Dr. Donald Rhodd gave notice that at the expiration of 21 days he would ask the Minister of Education the following question:
Part 1 Will the Minister state the location of the new school to be constructed in Portland?
Part 2 Has work commenced on the acquisition of the land for the school and the planning of the project?
Part 3 If the answer to part 2 is in the negative, when will these processes begin?
Part 4 If the answer to part 2 is in the affirmative, what is the projected schedule for the implementation of the project?
Part 5 Will the new school, when constructed, be a traditional or technical high school?
Part 6 What will be the enrolment of the new school?
The Reverend Ronald Thwaites asked the Minister of Health the following question:
Part 1 What is the schedule for introducing regulations to the Registration (Births and Deaths) Act, to provide for the mandatory registration of fathers?
(Mr. George Hylton, M.P., St. Andrew, Western entered and took his seat).
The Minister of Health, the Honourable Rudyard Spencer replied as follows:
The mandatory registration of fathers has been an outstanding issue since the 1970s, although attempts have been made throughout the years, including this Parliament to expand the provisions for the registration of fathers.
These efforts include:
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1. The 1976 introduction of a companion measure to the Status of Children Act to expand the categories of persons to include such persons as midwives and school principals, before whom a declaration (of paternity) may be made;
2. The 1980 amendment of the Registration (Births and Deaths) Act widening the scope for registering the father of a child born out of wedlock;
3. The recommendation of the Joint Select Committee of Parliament that was established to examine the National Registration Bill, to amend the Registration (Births and Deaths) Act to allow for the compulsory registration of fathers. This recommendation resulted in a number of submissions to the Human Resource Council and the Cabinet since 2005, culminating with a submission to the Cabinet in April of this year which will eventually bring this matter to closure so soon as the Chief Parliamentary Counsel (CPC) completes the drafting of the legislation and regulation for the consideration of Parliament.
In addition to those efforts, the Registrar General’s Department, in 2007, introduced bedside registration. This initiative has increased the percentage of births with fathers’ particulars being captured from 52% to over 70% in 2010.
Action taken by Government
The Government, by way of Cabinet Decision, issued a directive to the Ministry of Health to:
1. Prepare drafting instructions for the necessary amendments to the Registration (Births and Deaths) Act, to further treat with the issue of the registration of unmarried fathers’ names; and,
2. Promulgate Regulations to deal with all matters under section 19B (1) (4) of the Act.
The Ministry has already issued the drafting instructions to the Chief Parliamentary Counsel. While it would be difficult for me to give a schedule as to when the amendments will be ready to be debated in the Parliament, this is a matter of great import to this Government.
The process for the promulgation of the Regulations is usually shorter than for the legislative amendments. The Ministry has already started the process and has issued drafting instructions to the CPC.
PUBLIC BUSINESS
The Minister of Education and Leader of the House, having obtained suspension of the Standing Orders moved:
WHEREAS on the 5th day of April, 2011, this Honourable House of Representatives gave approval for the Sessional and Special Select Committees which were appointed in that session
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of Parliament to continue in this Session with unchanged composition of membership except, where necessary, by further motion taken and approved by this Honourable House:
BE IT RESOLVED with reference to the Public Accounts Committee that the name “Dr. Omar Davies” be deleted and the name “Dr. Peter Phillips” be substituted therefor:
AND BE IT FURTHER RESOLVED that Dr. Peter Phillips be appointed Chairman of the Committee.
Seconded by: Mr. Michael Peart. Agreed to.
(The Minister of State in the Ministry of Energy and Mining, the Honourable Laurence Broderick, entered and took his seat).
(Mr. Ernest Smith, M.P., St. Ann, South Western entered and took his seat).
(The Minister without Portfolio in the Office of the Prime Minister, with responsibility for Information and Telecommunication, the Honourable Daryl Vaz, entered and took his seat).
(The Minister of Water and Housing, the Honourable Dr. Horace Chang, entered and took his seat).
(The Minister of State in the Ministry of Industry, Commerce and Investment, the Honourable Michael Stern, entered and took his seat).
(Mr. Derrick Smith, M.P., St. Andrew, North Western entered and took his seat).
(Dr. St. Aubyn Bartlett, M.P., St. Andrew, Eastern entered and took his seat).
(Dr. Kenneth McNeill, M.P.., Westmoreland, Western entered and took his seat).
(The Minister of State in the Ministry of Labour and Social Security, the Honourable Neville Gallimore, entered and took his seat).
(The Leader of the Opposition, the Most. Honourable Portia Simpson Miller, entered and took her seat).
The Minister of Finance and the Public Service, the Honourable Audley Shaw, moved that a Bill entitled “AN ACT to Amend the Public Bodies Management and Accountability Act” be now read a second time.
Seconded by: Mr. Tarn Peralto. Agreed to.
Clerk read Bill a second time.
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The House resolved itself into a committee of the Whole House to consider the clauses of the Bill.
Clause 1 agreed to.
Clause 2 was amended as follows:
Insert in paragraph (c) next after the definition of “financial institution” the following definition-
“financial year” in relation to a public body means, except as may be otherwise provided in any other enactment, a period of twelve months beginning on the 1st day of April of a calendar year and ending on the 31st day of March of the next calendar year”.
Amendment agreed to.
Clause 2 as amended, agreed to.
Clauses 3-4 agreed to.
Clause 5 was amended as follows:
In the proposed new section 3, delete the proposed new subsection (2).
Amendment agreed to.
Clause 5 as amended agreed to.
Clauses 6-16 agreed to.
Clauses 17-21 were renumbered as clauses 18-22 and the following inserted as clause 17-
Clause 17
“Insertion of 17. The principal Act is amended by inserting next after section 19 the new sections 19A, following as sections 19A, 19B and 19C- 19B and 19C in the Principal Act.
“Indemnification 19A. (1) Except in respect of an action by or of directors, etc. on behalf of a public body to obtain a judgment in its favour, the public body may indemnify-
(a) a director or officer of the public body;
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(b) a former director or officer of the public body; or a person who acts or acted at the request of the public body as director or officer of a public company of which the public body is or was a member or creditor, and his legal representatives, against all costs, charges and expenses (including an amount paid to settle an action or satisfy a judgment) reasonably incurred by him in respect of any civil, criminal or administrative action or proceeding to which he is made a party by reason of being, or having been, a director or officer of that public body,
(2) Subsection (1) does not apply unless the director or officer to be so indemnified-
(a) acted honestly and in good faith, with a view to the best interests of the public body; and
(b) in the case of a criminal or administrative action or proceeding that enforced by a monetary penalty, had reasonable grounds for believing that his conduct was lawful.
Indemnity 19B. A public body may with the approval of the Court, indemnify a for person referred to in section 19A in respect of an action- derivative action (a) by or on behalf of the public body to obtain judgment in its favour; and
(b) to which he is made a party by reason of being or having been a director or officer of the public body, against all costs, charges and expenses reasonably incurred by him in connection with the action, if he fulfills the conditions set out in subsection (2) of section 19A.
Right to 19C. Notwithstanding anything in section 19A or 19B, a person Indemnity. described in section 19A is entitled to indemnity from the public body in respect of all costs, charges and expenses reasonably incurred by him in connection with the defence of any civil, criminal or administrative action or proceeding to which he is made a party by reason of being, or having been, a director or officer of the public body, if the person seeking indemnity-
(a) was substantially successful on the merits in his defence of the action or proceeding;
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(b) qualified in accordance with standards set out in section 19A or 19B; and
(c) is fairly and reasonably entitled to indemnity.”
Amendments agreed to.
New Clause 17 agreed to.
Clause 22 was deleted and the following substituted therefor and numbered as clause 23-
Repeal and 23. The principal Act is amended by deleting section 27 and replacement substituting therefor the following- of section 27 of principal Act. “Supremacy 27. Notwithstanding any provision of any other of this Act in law or enactment to the contrary, where that other relation to law or enactment raises any inconsistency between public bodies. this Act and that provision in relation to the operations of any public body, the provisions of this Act shall prevail”.
The new clause 23 agreed to.
Clauses 23 and 24 were renumbered as clauses 24 and 25.
The new Clauses 24 and 25 agreed to.
Title and Enacting Clause agreed to.
The question that the Chairman do report the Bill to the House was agreed to.
The House resumed.
The Bill having been reported to the House with four amendments, the Minister of Finance and the Public Service moved that the Bill be now read a third time and passed.
Seconded by: Mr. Joseph Hibbert. Agreed to.
Clerk read Bill a third time.
Bill passed with four amendments.
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The Minister of Finance and the Public Service moved that a Bill entitled “AN ACT to Amend the Financial Administration and Audit Act” be now read a second time.
Dr. Peter Philips also spoke on the Bill.
Seconded by: Mr. Desmond Mair. Agreed to.
Clerk read Bill a second time.
The House resolved itself into a committee of the whole House to consider the clauses of the Bill.
Clauses 1-12 agreed to.
Title and Enacting clause agreed to.
The question that the Chairman do report the Bill to the House was agreed to.
The House resumed.
The Bill having been reported to the House without amendment, the Minister of Finance and the Public Service moved that the Bill be now read a third time and passed.
Seconded by: Mr. Joseph Hibbert. Agreed to.
Clerk read Bill a third time.
Bill passed without amendment.
The Minister of Education and Leader of the House moved:
BE IT RESOLVED that the Electoral Commission of Jamaica Report to Parliament, dated March 2011, regarding the proposal to amend existing legislation to empower the Electoral Commission to prescribe electoral division boundaries and to prohibit the publication of a new list of electors between Nomination Day and Election Day, which was laid on the Table of the House on the 5th day of April, 2011, be approved.
(Mr. Robert Pickersgill, M.P., St. Catherine, North Western entered and took his seat).
(Mrs. Natalie Neita-Headley, M.P., St. Catherine, East Central entered and took her seat).
(The Minister of Youth, Sports and Culture, the Honourable Olivia Grange, entered and took her seat).
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Mr. Fitz Jackson, Mr. Clifford Warmington, Mr. Derrick Smith, and Mr. Peter Bunting also spoke on the motion.
Seconded by: Mr. Derrick Smith. Agreed to.
PRIVATE MEMBERS’ MOTIONS
Mr. Clifford Warmington, having obtained suspension of the Standing Orders, moved:
WHEREAS Parliament has relied on the 23rd Edition of Erskine May’s Parliamentary Practice for guidance on Parliamentary dress code;
AND WHEREAS the Jamaica Parliament has never taken an official position on Parliamentary dress code and has instead relied on the ruling of the Speaker of the day for its interpretation;
AND WHEREAS the rulings of individual Speakers are open to different interpretations:
BE IT RESOLVED that this Honourable House mandate the Standing Orders Committee of Parliament to study the issue of Parliamentary dress code and submit a comprehensive recommendation to Parliament for adoption.
Ms. Lisa Hanna, Dr. St. Aubyn Bartlett, Mr. Desmond Mair, and the Leader of the Opposition, the Most Honourable Portia Simpson Miller also spoke on the motion.
Seconded by: Dr. St. Aubyn Bartlett. Agreed to.
Referred to the Standing Orders Committee for consideration and report.
The Minister of Labour and Social Security, the Honourable Pearnel Charles continued debate on the motion:
BE IT RESOLVED that since the National Insurance Scheme could perform at a much higher level, that it would be reformed and extended to provide a more adequate social security system for all Jamaican workers.
(Mr. Franklin Witter, M.P., St. Elizabeth, South Eastern entered and took his seat).
The Leader of the Opposition, the Most Honourabe Portia Simpson Miller, Dr. St. Aubyn Bartlett, and Mr. George Hylton also spoke on the motion.
Reverend Ronald Thwaites moved that the motion be agreed to.
Seconded by: Mr. Roger Clarke. Agreed to.
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In accordance with Standing Order 26A(1), the motion stands referred to the Human Resource and Social Development Committee for the appropriateness of the subject for submission to the Cabinet to be considered, the Committee shall submit its report within 14 days of the referral of the motion.
The Reverend Ronald Thwaites, having obtained suspension of the Standing Orders, moved:
WHEREAS the Chairman of the National Housing Trust recently told a Parliamentary Committee that his estimate of the nation’s housing deficit is in the region of 250,000 units;
BE IT RESOLVED that this Honourable House debate the policies, the institution’s finances and methodology required to eliminate this shortfall.
The Minister of Education and Leader of the House, the Minister of State in the Office of the Prime Minister, the Honourable Shahine Robinson, Mr. George Hylton, Mr. Othneil Lawrence, Mr. Desmond Mair, Dr. Donald Rhodd, Mr. Roger Clarke, Dr. Fenton Ferguson, the Minister of State in the Office of the Prime Minister, the Honourable Robert Montague, and the Minister of Water and Housing, the Honourable Dr. Horace Chang, also spoke on the motion.
Further debate on the substantive motion was by leave deferred.
The Reverend Ronald Thwaites, having obtained suspension of the Standing Orders, moved:
BE IT RESOLVED that Monosodium Glutamate (MSG) be banned from Jamaica’s foods.
The Minister of Water and Housing, the Minister of Education and Leader of the House, and Dr. St. Aubyn Bartlett also spoke on the motion.
At 7:20 p.m. the Speaker interrupted. The Minister of Education and Leader of the House moved for the suspension of the Standing Orders to enable the House to sit beyond 7:30 p.m. to complete the business of the day.
Seconded by: Mr. Franklin Witter. Agreed to.
The Reverend Ronald Thwaites moved to amend the motion as follows:
Delete the Prayer and substitute therefor the following:
“BE IT RESOLVED that this Honourable House refer to the Human Resource and Social Development Committee the desirability of restricting in the national diet, the use of Salt and Monosodium Glutamate (MSG).”
Amendment agreed to.
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The motion as amended was agreed to.
Referred to the Human Resource and Social Development Committee for consideration and report.
ADJOURNMENT
At 7:25 p.m., the Minister of Education and Leader of the House moved that the House do now adjourn to Tuesday, June 14, 2011 at 2:00 p.m. o’clock.
Seconded by: Mr. Franklin Witter. Agreed to.
------Delroy Chuck, M.P. Speaker
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