Minutes of the Honourable Jamaica House of Representatives

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

12TH DAY OF JULY, 2011

The House met at 2:54 p.m. o’clock

PRAYERS Prayer was offered by the Reverend Ronald Thwaites.

CALL OF THE ROLL PRESENT WERE:

Hon. Marisa Colleen Dalrymple Philibert, MP, Speaker

Mr. Tarn Andrew Peralto, MP, Deputy Speaker

Hon. Andrew Michael Holness, MP, Minister of Education and Leader of the House

Hon. Orette Bruce Golding, MP, Prime Minister & Minister of Defence

Hon. Dr. Kenneth Leigh O’Neill Baugh, MP, Deputy Prime Minister & Minister of Foreign Affairs and Foreign Trade

Hon. Lester Michael Henry, CD, MP, Minister of Transport & Works

Hon. Pearnel Patroe Charles, CD, MP, Minister of Labour and Social Security

Hon. Dr. Horace Anthony Chang, MP, Minister of Housing, Environment and Water

Hon. Olivia Atavia Grange, MP, Minister of Youth, Sports and Culture

Hon. Edmund Curtis Bartlett, MP, Minister of Tourism

Hon. Rudyard Conrad Spencer, OD, MP, Minister of Health

Dr. the Hon. Christopher Charles Tufton, MP, Minister of Industry, Commerce and Investment

Hon. Delroy Hawmin Chuck, MP, Minister of Justice

Hon. Neville Andrew Gallimore, MP, Minister of State in the Ministry of Labour and Social Security & Deputy Leader

Hon. Clive Arthur Mullings, MP, Minister of Energy and Mining

Hon. Daryl Wesley Phillip Vaz, MP, Minister without Portfolio in the Office of the Prime Minister, with responsibility for Information and Telecommunication

Hon. Robert St. Aubyn Montague, MP, Minister of Agriculture and Fisheries

Hon. Shahine Elizabeth Robinson, MP, Minister of State in the Office of the Prime Minister

Hon. Michael Anthony Stern, MP, Minister of State in the Ministry of Industry, Commerce and Investment

Hon. Laurence George Broderick, MP, Minister of State in the Ministry of Energy and Mining

Hon. Desmond Gregory Mair, MP, Minister of State in the Ministry of Education

Hon. Dr. St. Aubyn Bartlett, MP, Minister of State in the Ministry of National Security

Hon. Othneil Damion St. Elmo Lawrence, MP, Minister of State in the Ministry of Transport and Works

Mr. Noel George Delano Arscott, MP, Clarendon, South Western

Mr. Luther Bartley Monteith Buchanan, MP , Westmoreland, Eastern

Mr. Peter Murcott Bunting, MP, Manchester, Central

Mr. Roger Harold Clifford Clarke, MP, Westmoreland, Central

Dr. Omar Lloyd Davies, MP, St. Andrew, Southern

Mr. Colin Alfred Alexander Fagan, MP, St. Catherine, South Eastern

Dr. Fenton Rudyard Ferguson, MP, St. Thomas, Eastern

Dr. Morais Valentine Guy, MP, St. Mary, Central

Ms. Lisa Rene Shanti Hanna, MP, St. Ann, South Eastern

Dr. Esmond Vernal Patrick Harris, MP, Trelawny, Northern

Mr. Ian Dave Hayles, MP, Hanover, Western

Mr. Joseph Uriah Hibbert, MP, St. Andrew, West Rural

Mr. George Anthony Hylton, MP, St. Andrew, Western

Mr. Fitz Arthur Jackson, MP, St. Catherine, Southern

Mr. Derrick Flavius Kellier, CD, MP, St. James, Southern

Mrs. Natalie Gaye Neita-Headley, MP, St. Catherine, East Central

Mr. Phillip Feanny Paulwell, MP, Kingston Eastern & Port Royal

Mr. Dean Alexander Peart, CD, MP, Manchester, North Western

Mr. Michael Anthony Peart, MP, Manchester, Southern

Dr. Peter David Phillips, MP, St. Andrew, East Central

Mr. Robert Dixon Pickersgill, MP, St. Catherine, North Western

Mr. James Rudolph Edward Robertson, MP, St. Thomas, Western

Mr. Karl George Samuda, OD, MP, St. Andrew, North Central

Mr. Derrick Charles Smith, CD, MP, St. Andrew, North Western

Mr. Ernest Augustus Smith, MP, St. Ann, South Western

Mr. Kern O’Mar Spencer, MP, St. Elizabeth, North Eastern

Rev. Ronald George Thwaites, MP, Kingston, Central

Mr. Clifford Everald Errol Warmington, MP , St. Catherine, South Western

Mr. Franklin Robert Witter, MP, St. Elizabeth, South Eastern

ELECTION OF SPEAKER and DEPUTY SPEAKER

The Clerk to the Houses read to the House letters of resignation from the Speaker of the House, the Honourable Delroy Chuck, and the Deputy Speaker, Mrs. Marisa Dalrymple Philibert. The House by consensus, then proceeded to elect the following Members to be Speaker and Deputy Speaker of the House of Representatives, respectively:

SPEAKER OF THE HOUSE - The Honourable Marisa Dalrymple Philibert

DEPUTY SPEAKER - Mr. Tarn Peralto

EXPRESSION OF THANKS AND APPRECIATION TO FORMER SPEAKER

The Minister of Education and Leader of the House, the Honourable Andrew Holness, sought leave and assent of the House to enable him to move a motion to express thanks and appreciation to the former Speaker of the House, as follows:

BE IT RESOLVED that the Honourable House of Representatives place on record its thanks and appreciation to the Honourable Delroy Chuck for his services as Speaker of the House, consequent on his resignation as Speaker to assume responsibilities as Minister of Justice.

Seconded by: Mr. Franklin Witter. Agreed to.

The Honourable Andrew Holness, the Honourable Neville Gallimore, Mr. Michael Peart, and the Honourable Clive Mullings expressed thanks and appreciation to the former Speaker.

The former Speaker, the Honourable Delroy Chuck replied and thanked the members for their tributes. ANNOUNCEMENTS

The Clerk laid on the Table of the House, a copy of the following:

Ministry Paper No. 44/11 Adoption of the National Crime Prevention and Community Safety Strategy and Establishment of Inter-Agency Committee to Oversee the Implementation of the Strategy and the Community Renewal Programme (Ministry of National Security)

Ministry Paper No. 45/11 and Annual Performance Report of Management Institute for National Development (MIND) for the Financial years 1999/2000, 2000/01, 2001/02, 2002/03, 2003/04, 2004/05, 2005/06 (Reports & Compact Disc) (Cabinet Offices)

Ministry Paper No. 46/11 and Annual Report and Audited Financial Statements of Rural Agricultural Development Authority (RADA) for the Financial Year ended March 31, 2008 (Ministry of Agriculture & Fisheries)

Ministry Paper No. 47/11 Cabinet Agenda Issues for June 13, 2011 (Cabinet Offices)

Ministry Paper No. 48/11 Cabinet Agenda Issues for June 20, 2011 (Cabinet Offices)

Ministry Paper No. 49/11 Reporting Status for Statutory Agencies and Government-owned Companies in respect of the 2009/2010 Financial Year (Office of the Prime Minister)

Ministry Paper No. 50/11 and Annual Report and Audited Financial Statements of the Jamaica Deposit Insurance Corporation for the Financial Year ended March 31, 2010 (Ministry of Finance & the Public Service)

Ministry Paper No. 51/11 and Annual Report and Audited Financial Statements of the Culture, Health, Arts, Sports and Education Fund (CHASE) for the Financial Year ended March 31, 2010 (Ministry of Finance & the Public Service)

Ministry Paper No. 52/11 Cabinet Agenda Issues for June 27, 2011 (Cabinet Offices)

Ministry Paper No. 53/11 Government Guarantee of a loan of US$37,000,000.00 from NCB Capital Markets Limited to the Central Wastewater Treatment Company for the refinancing of an existing loan facility currently being held with the National Commercial Bank Jamaica Limited (Ministry of Finance & the Public Service)

Bath Corporation Fountain Hotel and Spa Annual Report and Audited Financial Statements for the financial Year ended March 31, 2001 (Ministry of Tourism)

Early Childhood Commission Annual Report and Audited Financial Statements for the Financial years 2007/08, 2008/09 & 2009/10 (Ministry of Education)

Jamaica Business Development Corporation (JBDC) Annual Report and Audited Financial Statements for the Financial Years 2007/08, 2008/09 & 2009/10 (Ministry of Industry, Investment & Commerce)

National Council on Education (NCE) Annual Reports and Audited Financial Statements for the Financial Years 2008/09 and 2009/2010 (Ministry of Education)

Tourism Enhancement (TEF) Fund Annual Report and Audited Financial Statements for the Years 2009-2010 (Ministry of Tourism)

Water Resources Authority Annual Reports and Audited Financial Statements for the Financial Years 2006-2007 and 2008-2009 (Ministry of Housing, Environment & Water)

Women’s Centre of Jamaica Foundation Annual Report and Audited Financial Statements for the Financial Year 2009/2010 (12 Reports & Compact Disc) (Ministry of Youth, Sports & Culture)

Report and Audited Financial Statements of the Integrity Commission Appointed under The Parliament (Integrity of Members) Act for the Year ended December 31, 2010 (Office of the Prime Minister)

The Council of Community Colleges of Jamaica (CCCJ) (An Agency of the Ministry of Education) Annual Report and Audited Financial Statements for the Financial Year 2003-2004 (Ministry of Education)

Report of the Sessional Select Committee on Human Resources and Social Development on Picture Health Warnings and other Tobacco Control Measures to Safeguard Public Health (Houses of Parliament)

BILLS BROUGHT FROM THE HONOURABLE SENATE

The Clerk presented the following message from the President of the Senate:

TO THE HONOURABLE HOUSE OF REPRESENTATIVES: I have the honour to advise the Honourable House of Representatives that on the 24th day of June, 2011, the following Bills were passed in the Senate:

 “An Act to Amend the Attestation of Instruments (Facilities) Act, 2011”. Passed with two amendments.

 “An Act to Amend the Public Bodies Management and Accountability Act, 2011”. Passed with seven amendments for which the Senate desires the concurrence of the Honourable House of Representatives.

Amendments:

CLAUSE AMENDMENT

Clause 5 In the new section 3(2) delete the words “of

directors”.

Clause 6 In the new section 4 delete subsection (4) and substitute therefor the following: (4) An annual financial distribution made by a self-financed statutory body or authority to the Consolidated Fund shall be in accordance with regulations made under section 24. Clause 8 1. In the new section 5A (1), delete the words “No payment” and substitute therefor the words “Subject to subsection (4), no payment”.

2. In the new section 5B insert next after subsection (3) the following as subsection (4) – “ (4) Notwithstanding subsection (1), guarantees which are still outstanding at the date of commencement of the Public Bodies Management and Accountability (Amendment) Act, 2011, may be paid from the Consolidated Fund.” Clause 14 1. Delete the words “sections 13A and 13B” and substitute therefor the words “sections 13A, 13B and 13C”. 2. In the new section 13B (2), (a) delete the word “him” and substitute therefor the words “the Auditor-General”; and (b) delete the words “and section 122 of the Constitution of Jamaica”.

CLAUSE AMENDMENT

Clause 16 In paragraph (b): 1. Delete the word “valuer” and substitute therefor the words “by him”. 2. Delete the words ““director, officer”;” and substitute therefor the following “including any director or officer who has provided such report in his professional capacity;”

 “An Act to Amend the Financial Administration and Audit Act, 2011”. Passed with two amendments for which the Senate desires the concurrence of the Honourable House of Representatives.

Amendments:

CLAUSE AMENDMENT

Clause 6 In the new section 48 C(2) delete the words “effect on life, property or” and substitute therefor the words “ impact on”. Clause 9 1. Renumber the new section 48F as subsection (1) of the section. 2. Insert next after subsection (1) of the renumbered section 48F the following as subsection (2) - “ (2) In subsection(1)(b) the reference to

discretionary waivers is a reference to waivers

of tax liability that have been granted in the

exercise of a discretionary power conferred on

the Minister to do so, on the basis of a

determination that it is just and equitable to do

so or on similar terms, and not on the basis of

the prospective beneficiary having satisfied

statutorily specified qualifying conditions.”.

Oswald G. Harding, O.J., C.D., Q.C., President of the Senate

The Minister of Justice, the Honourable Delroy Chuck, signified his intention to take charge of the Bill entitled “The Attestation of Instruments Facilities (Amendment) Act, 2011”.

Clerk read Bill a first time.

Notice of second reading given.

The Minister of Education and Leader of the House, on behalf of the Minister of Finance, gave notice that at the next meeting of the House he would move:

1. BE IT RESOLVED that the Senate amendments to the Bill entitled “An Act to Amend the Public Bodies Management and Accountability Act, 2011” be approved.

2. BE IT RESOLVED that the Senate amendments to the Bill entitled “An Act to Amend the Financial Administration and Audit Act, 2011” be approved.

REPORTS FROM COMMITTEES

Dr. Fenton Ferguson laid on the Table of the House a copy of the Report of the Sessional Select Committee on Human Resources and Social Development on Picture Health Warnings and other Tobacco Control Measures to Safeguard Public Health:

Members of this Honourable House are reminded that on the 27th day of March 2008, the House of Representatives, on a motion moved by the Leader of the House, passed the following resolution:

BE IT RESOLVED that notwithstanding Standing Order No. 68 (3) and in accordance with Standing Orders Nos. 68 (1)(i) and 73C this House appoint a Human Resources and Social Development Committee comprising the following Members:

Mrs. Maxine Henry-Wilson - Chairman Hon. Shahine Robinson Hon. Michael Stern Dr. St. Aubyn Bartlett Mr. Franklyn Witter Mr. Desmond Mair Mr. Othneil Lawrence Mr. Tarn Peralto Dr. Fenton Ferguson Mr. Kern Spencer Rev. Ronald Thwaites Mrs. Natalie Neita-Headley

Mr. Colin Fagan with the following Terms of Reference: (a) examining policy documents and statements from Ministries and Government agencies which have a bearing on the subject matter of its terms of reference; (b) examining legislative proposals which may have an effect on the subject matter of its terms of reference and making recommendations to Cabinet through Legislation Committee; (c) receiving submissions from citizens and organizing meetings between citizens, community groups, sectorial organizations, Members of Parliament and representatives of Government agencies to facilitate exchange of views on the operations of Government agencies and their effect on communities and groups in the society; and (d) organizing meetings with relevant organizations in order to seek such information on their activities as the public interest may demand.

On October 28, 2008, on a motion moved by the Deputy Leader of the House, Dr. Fenton Ferguson replaced Mrs. Maxine Henry-Wilson as Chairman of the Committee.

On the 31st of March, 2009, the House of Representatives passed a further resolution enabling the Committee to complete the deliberations on the matters that were under consideration prior to the prorogation of Parliament. Similar resolutions were moved in the House on March 17, 2010 and April 7, 2011.

Your Committee began its deliberations on February 10, 2011 and held two (2) meetings. Oral submissions were made by representatives of the Heart Foundation of Jamaica, the Jamaica Coalition for Tobacco Control/the Caribbean Tobacco Control Project and students from Campion College.

1.0 OVERVIEW According to statistics produced by the Bloomberg Global Initiative, an average of one person dies every six seconds as a consequence of tobacco use - a total of 5.4 million deaths annually. The statistics further reveal that though there has been a decline in tobacco smoking in high-income countries, there is an increase in low-income nations. In fact, eighty percent of the one billion smokers worldwide reside in low and middle-income countries and this is a cause for concern.

Increasingly, countries across the world are passing regulations to ban the smoking of tobacco in public places to protect citizens from the effects of second-hand smoke, which contains more than four thousand chemicals, including sixty-nine carcinogens, which lead to tens of thousands of deaths each year. The aim of the Jamaica Coalition for Tobacco Control/the Caribbean Tobacco Control Project is to encourage the Jamaican legislature to pass similar regulations in a short period of time.

2.0. FINDINGS AND RECOMMENDATIONS 2.1 The Effects of Tobacco Smoke It was brought to your Committee’s attention that tobacco smoke is a risk factor for six of the eight leading causes of death. The Members were told that smoking tobacco could lead to

11 stroke, heart disease and various kinds of cancers. Additionally, like smokers, non-smokers who are exposed to second-hand smoke can develop cardiovascular and severe respiratory diseases.

Your Committee was advised that neither ventilation nor filtration or a combination of both can prevent people from being affected by tobacco smoke once they are exposed and therefore it is recommended that effort be made to pass regulations as soon as possible to ban tobacco smoking in public. As it relates to gender, the Members were further informed that while there are more male than female smokers in Jamaica, women are more likely to develop cardiovascular diseases from tobacco smoking because there is a higher prevalence of hypertension and diabetes among them which makes them more susceptible.

2.2 Addressing Strategies used by Tobacco Companies One of the great concerns that was highlighted during the deliberations was the fact that the tobacco industry, being faced with stringent laws in developed nations, was turning its focus to low-income countries. It was also pointed out that tobacco companies were guilty of using ‘corporate social responsibility’ tactics in which they provide scholarships and host environmental resuscitation and youth anti-smoking campaigns which have been proven to be ineffective. The companies also publish misinformation and pseudo science data that disguise the real effects of tobacco smoking and offer free cigarettes at sponsor parties which ultimately result in people becoming addicted, thereby boosting the sale of cigarettes.

2.2.1 Youths Advocating for Smoke-Free Environments Your Committee was informed that students of Campion College with the support of their principal and teachers had launched ‘Kick Butts Day,’ under the auspices of the Jamaica Cancer Society in March 2010. The students who participated in the Committee’s deliberations advised the Members that the Day’s activities were geared towards highlighting the dangers of tobacco smoking, identifying how tobacco advertisements were misleading and engaging students in a cigarette box design competition which would depict graphic visual images. As part of their advocacy against tobacco smoking they had encouraged their fellow students to make a commitment never to smoke and to discourage other young people from smoking. In addition they were able to garner the support of a number of young people and had drafted three anti- smoking petitions which addressed the need for smoke-free environments, the placement of graphic warnings on cigarette packaging and the proper enforcement of tobacco measures to protect young people. They also recommended that the law prohibiting the sale of cigarettes to minors be enforced, to which your Committee agreed.

Having considered the submission, your Committee recommends that there be youth anti- smoking campaigns within all schools, such as the one that was held at Campion College, and public education programmes to inform Jamaicans of the dangers of tobacco smoke. It was also proposed that Members of Parliament allocate a portion of their constituency fund to develop such programmes.

2.2.2 The Jamaica Coalition for Tobacco Control/ the Caribbean Tobacco Control (CTC) Project Your Committee was informed that the Heart Foundation of Jamaica had launched the Jamaica Coalition for Tobacco Control on May 31, 2002, which was celebrated as World No-Tobacco

Day. In April 2008, the Foundation, on behalf of the Jamaica Coalition for Tobacco Control, successfully bid for the Caribbean Tobacco Control (CTC) Project which was originally for two years but was extended to June 2011 because of the success achieved.

The Members were advised that at present there was a warning from the Chief Medical Officer on cigarette boxes about the dangers of tobacco smoking; however that has been proven to be less effective than picture warnings particularly in low-literate countries. One of the objectives of the CTC Project is to support the display of pictorial-based warning labels that meet the CARICOM mandated standard on a minimum of fifty percent of the top of each main face of the packaging of cigarettes sold in the Caribbean. Additionally, the Project aims to sensitize policy makers, civil society and the media in target countries and to circulate information and advocacy material to raise awareness about tobacco smoking among decision-makers, media personnel and the general public. Significantly, your Committee was told that while the Project involves four nations namely Barbados, Guyana, Jamaica and Trinidad and Tobago, the other countries in the region will serve to benefit.

The representatives of the Caribbean Tobacco Control Project also informed the Committee that CARICOM is a signatory to the Declaration of Port of Spain: Uniting to Stop the Epidemic of Chronic Non-Communicable Diseases and in order to lessen the incidence of chronic diseases efforts were being made to reduce tobacco smoking. They highlighted the fact that one of the measures that has been to reduce the number of smokers within countries is to increase the taxes applied to tobacco products. Your Committee considered the matter and recommends that there be an increase in the taxes applied to tobacco products in Jamaica.

 Framework Convention on Tobacco Control It was highlighted that Jamaica was among the 172 nations that had become a party to the World Health Organization Framework on Tobacco Control and was therefore legally bound to its provisions. Your Committee was further told that the CTC Project was based on Article 11 of the Convention, which deals with the labeling and packaging of tobacco products and that effort would be made to concentrate on Article 8, which addresses protection from exposure to tobacco smoke. It is your Committee’s recommendation that Jamaica complies with the Framework to which it is a signatory.

 Draft Standard for Tobacco Products During the deliberations, the representatives of the Jamaica Coalition for Tobacco Control advised the Committee that with the assistance of the Bureau of Standards, Jamaica and the Ministry of Health, they were able to arrive at the CARICOM draft standard for tobacco products, which was later submitted to the CARICOM Regional Organization for Standards Quality (CROSQ) and approved. However, the draft standard is to be approved by the Council on Trade and Economic Development (COTED) at its next meeting and if accepted should be returned to CROSQ for editorial review and publication.

2.3 Status of the Jamaican Legislation Banning Tobacco Smoking in Public Places There was much concern among the Members about the delay in the tabling of the Smoke-Free Environment Regulations that should have been brought before the House of Representatives by mid February 2011. The view was expressed there was an urgent need for the Regulations as the

lives of many Jamaicans are being threatened by tobacco smoke and Jamaica continues to breach of the Convention to which it had signed.

2.4 The Advantages of Banning Tobacco Smoking in Public Spaces The presenters strongly recommended that there be regulations which would ban tobacco smoking in public because studies have shown a seventeen percent reduction in heart attacks in the first year, in countries where a ban was imposed. Additionally, the ban would ensure that there would be a decline both in the number of people who smoke and the incidence of respiratory and smoking-related diseases thereby reducing the burden on the health care system. Significantly, a ban would also serve to boost the efforts of Government bodies which have been working towards reducing air pollution and protecting the health of citizens.

2.5 The Implication of Banning Tobacco Smoking in Public During the deliberations, it was pointed out that a ban might result in an economic fall out due to loss of employment within the tobacco industry. It was therefore recommended that there be a study to weigh the effect of the economic fall out against the cost of health care for individuals suffering from tobacco-related illnesses.

3.0 SUMMARY OF RECOMMENDATIONS 1. Effort must be made to ensure that regulations banning the smoking of tobacco in public places be passed as soon as possible. It is further recommended that the law prohibiting the sale of cigarettes to minors be enforced. 2. There must be public education programmes geared towards making people more aware of the dangers of tobacco smoke and Members of Parliament can allot a percentage of their constituency development fund to such programmes. 3. There should be regular youth anti-smoking campaigns in schools and across the country. 4. It is recommended that there be an increase in the taxes applied to tobacco products. 5. Effort must be made to ensure that Jamaica complies with the provisions of the World Health Organization Framework on Tobacco Control, to which it is a signatory.

4.0. ACKNOWLEDGEMENTS Your Committee wishes to express gratitude to the representatives of the Heart Foundation, the Jamaica Coalition for Tobacco Control/Caribbean Tobacco Control Project and the representatives of Campion College who contributed to our deliberations. Your Committee would also like to thank the Clerk to the Houses and staff for their administrative support and for the kind courtesies extended during the meetings.

Houses of Parliament July 2011

APPENDIX 1 ATTENDANCE SHEET (2 Meetings)

Present Absent Apologies Dr. Fenton Ferguson 2 - -

Hon. Shahine Robinson - 2 2

Hon. Michael Stern - 2 1

Dr. St. Aubyn Bartlett 2 - -

Mr. Franklyn Witter 2 - -

Mr. Desmond Mair - 2 2

Mr. Othneil Lawrence 1 1 1

Mr. Tarn Peralto - 2 2

Mr. Kern Spencer - - -

Rev. Ronald Thwaites 2 - -

Mrs. Natalie Neita-Headley 1 1 -

Mr. Colin Fagan 1 1 -

NOTICES OF MOTIONS GIVEN ORALLY

Dr. Fenton Ferguson gave notice that at the next meeting of the House he would move:

BE IT RESOLVED that the Report of the Sessional Select Committee on Human Resources and Social Development on Picture Health Warnings and other Tobacco Control Measures to safeguard public health which was laid on the Table of the House on Tuesday, the 12th day of July, 2011, be adopted.

(Mrs. Sharon Hay-Webster, M.P., St. Catherine, South Central entered and took her seat).

The Minister of Justice gave notice that at the next meeting of the House he would move to introduce and have read a first time a Bill entitled “The Committal Proceedings Act, 2011”.

The Reverend Ronald Thwaites gave notice that at the next meeting of the House he would move:

BE IT RESOLVED that this Honourable House consider:

a) the enablement required by the Chief Parliamentary Counsel to complete legislative drafting required by Parliament in an expeditious manner; and

b) the personnel, technical and financial resources required by the Director of Public Prosecutions to effectively handle the responsibilities which are the sole remit of that office under the Constitution.

BE IT FURTHER RESOLVED, having regard to the critical importance of these two departments, that these issues be resolved and recommendations made before the next Budget Call.

The Minister of Education and Leader of the House, the Honourable Andrew Holness, on behalf of the Minister of Finance, gave notice that at the next meeting of the House he would move:

BE IT RESOLVED with reference to Ministry Paper No. 53 of 2011, dated July 7, 2011, which was laid on the Table of the House on the 12th day of July, 2011, that this Honourable House of Representatives approve the issue of a Government Guarantee under the provisions of the Approved Organizations and Authorities Loans (Government Guarantee) Act, in respect of a Credit Facility of Thirty Seven Million United States Dollars (US$37,000,000.00) from the NCB Capital Markets Limited (NCBCM) to the Central Wastewater Treatment Company Limited (CWTC).

The Minister of Education and Leader of the House gave notice that at the next meeting of the House he would move:

1. BE IT RESOLVED that in accordance with Standing Order 65A, this Honourable House appoint a Committee on Tax Measures for the 2011/2012 Session of Parliament, comprising the following persons:

The Honourable Audley Shaw, Chairman The Honourable Dr. Kenneth Baugh The Honourable Edmund Bartlett Dr. the Honourable Christopher Tufton The Honourable Robert Montague Dr. Peter Phillips Dr. Omar Davies Mr. Anthony Hylton

Mr. Fitz Jackson

AND BE IT FURTHER RESOLVED that Green Paper No. 1 of 2011 entitled “Tax Reform for Jamaica” be referred to the Committee for consideration and report within the time frame stipulated in Standing Order 65A.

2. WHEREAS on the 5th day of April, 2011, this Honourable House of Representatives gave approval for the Sessional and Special Select Committees 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:

1. The Standing Orders Committee, that the name “Anthony Hylton” be deleted and the name “Fitz Jackson” be substituted therefor.

2. The House Committee, that the name “Ronald Thwaites” be deleted and the name “Donald Rhodd” be substituted therefor.

3. The Regulations Committee, that the name “Ronald Thwaites” be deleted and the name “Donald Rhodd” be substituted therefor.

4. The Public Accounts Committee, that the name “Ian Hayles” be deleted and the name “Noel Arscott” be substituted therefor.

5. The Public Appropriations and Administration Committee, that the name “Ian Hayles” be deleted and the name “Omar Davies” be substituted therefor.

6. The Internal and External Affairs Committee, that the names “Anthony Hylton”; “Sharon Hay-Webster”; and “Ian Hayles” be deleted and the names “Peter Bunting”; “Luther Buchanan” and “Noel Arscott” be substituted therefor.

7. The Economy and Production Committee, that the name “Lisa Hanna” be deleted and the name “Anthony Hylton” be substituted therefor.

8. The Infrastructure and Physical Development Committee, that the names “Derrick Kellier” and “Fenton Ferguson” be deleted and the names “Omar Davies” and “Morais Guy” be substituted therefor.

9. The Ethics Committee, that the name “Sharon Hay Webster” be deleted and the name “Michael Peart” be substituted therefor.

10. The Human Resource and Social Development Committee, that the name “Kern Spencer” be deleted and the name “Lisa Hanna” be substituted therefor;

BE IT FURTHER RESOLVED that Mr. Peter Bunting be appointed Chairman of the Internal and External Affairs Committee;

AND BE IT FURTHER RESOLVED that Mr. Roger Clarke and Mr. Robert Pickersgill be removed from the position of Chairmen of the Economy and Production and Infrastructure and Physical Development Committees respectively and that Mr. Anthony Hylton and Dr. Omar Davies be appointed Chairmen of the respective Committees.

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 motions.

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:

Part 1 Will the Prime Minister say how many Registered Tiles have been issued under The Registration of Titles, Cadastral Mapping and Tenure Clarification (Special Provisions) Act, 2005, since its passage?

Part 2 Are the provisions of section 10 of the aforementioned Act, being utilized sufficiently so as to increase the issuance of Registered Titles to persons who are in adverse possession?

Part 3 Can the Prime Minister indicate progress towards achievement of Government’s stated policy to issue and distribute registered titles to as many owners and occupants of land as are due to them or who can pay for them?

Mr. Colin Fagan gave notice that at the expiration of 21 days he would ask the Prime Minister the following question:

Part1. Can the Prime Minister state what, if any, is the protocol which governs in the determination that the National Solid Waste Management Authority (NSWMA) should compensate the families of the staff members, who died in an accident while being transported to a job site in St. Ann, to include paying for funeral arrangements?

Part 2. Can the Prime Minister further state, if families are compensated, what is the process used to determine the extent of the compensation?

Part 3. Can the Prime Minister state what are the protocols which govern with respect to insurance and licensing of the vehicle used to transport NSWMA teams and equipment across the island to do various projects?

Part 4. Can the Prime Minister finally state whether the appropriate insurance and licensing protocols have been adhered to?

The Reverend Ronald Thwaites asked 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?

The Prime Minister replied as follows:

No such basis exists.

The Reverend Ronald Thwaites asked the Minister of Education the following question:

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 instruction?

The Minister of Education replied as follows:

Answer to Part 1. We conducted a survey of auxiliary fees for the 2010/2011 school year to ascertain the amount that schools have been charging for auxiliary fees and what the auxiliary fees for various schools cover. The following example shows a breakdown of the information obtained.

Areas for which auxiliary fees are charged

Name of School Service Auxiliary Fee Total Auxiliary Fee $ $ Marcus Garvey High Lab 1,000.00 Caution 2000.00 Registration 200.00 3,200.00

Westwood High Lab 500.00 Caution 4,500.00 Registration 3,150.00 7,650.00

Mannings High Security 1,000.00 Maintenance 1,500.00 Sports Development 1,000.00 Special Projects 500.00 4,000.00

St. Hilda’s High Computer 4,000.00 Orientation 1,000.00 5,000.00

Port Antonio High Security 500.00 School Improvement 500.00 Lab 750.00 Sick Bay 300.00 Extra-curricular 500.00 2,500.00

St. Andrew High Technology and Support services 10,500.00 Operations development 10,000.00 20,500.00

An analysis of the Tuition Fees and Auxiliary Contributions; High School Budget 2010/2011 that should be submitted by all secondary schools annually, revealed that students are asked to pay auxiliary contributions ranging from a low of $3,000.00 to a high of $23,000.00. These fees are inter alia, budget to subsidize instructional materials and staff development, plant and equipment maintenance, stationery and office supplies and professional services such as audits.

In almost all cases the High School Budget reports that non-compliance forces schools to stretch funds collected to include all students in the requisite programmes; for example the cost of maintenance of labs (science, food and ICT). Additionally, schools have indicated that spiraling costs have also placed much pressure on the already limited resources as maintenance costs are at times inflated, funding extra-curricular activities is costly and there is a need to provide a secure and safe environment for their clients.

Based on this analysis, the following are recommended for the new school year:

i) Fees between $3000.00 and $14,000.00 should increase by no more than 8% which is in keeping with the inflation rate.

ii) All schools over $15,000.00 should remain at the same level.

The regions have been asked to guide schools in determining the auxiliary fees and where possible, work through other arrangements as it relates to some items that can be removed from the auxiliary fees and lessen the burden on parents.

Answer to Part 2 Auxiliary fees are not obligatory, therefore, it is not mandatory for the students, including those on the PATH programme to pay auxiliary fees. However, if PATH beneficiaries are able to make a contribution, they are encouraged so to do. Principals are being asked to be very sensitive with this issue and to manage it based on the ability of the parents to pay.

Answer to Part 3 We have already posted the approved textbook lists on the website. A mapping exercise is currently being conducted which will show the areas of the curriculum to which the core textbooks are aligned. For those books at the secondary level that the Ministry does not provide, for example, the literature books and those at the sixth form level, we will ask parents to work directly with the schools to ascertain when the particular books will be required.

The Reverend Ronald Thwaites asked the Minister of Tourism the following question:

Will the Minister state when the Tourism Enhancement Fund contribution will be collected from cruise ship passengers?

The Minister replied as follows:

The process began the first day of June this year, and the first returns have already been made.

PUBLIC BUSINESS

The Minister of Education and Leader of the House, having obtained suspension of the Standing Orders, moved:

BE IT RESOLVED that in accordance with Standing Order 65A, this Honourable House appoint a Committee on Tax Measures for the 2011/2012 Session of Parliament, comprising the following persons:

The Honourable Audley Shaw, Chairman The Honourable Dr. Kenneth Baugh

The Honourable Edmund Bartlett Dr. the Honourable Christopher Tufton The Honourable Robert Montague Dr. Peter Phillips Dr. Omar Davies Mr. Anthony Hylton Mr. Fitz Jackson

Seconded by: Mr. Ernest Smith. Agreed to.

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 to continue in this Session with unchanged composition of membership except, where necessary, by further motion taken and approved by this Honourable House: