Minutes of the Honourable Jamaica Senate

MINUTES

OF THE

At a meeting of the Members of the Senate held pursuant to adjournment at Gordon House in the City and Parish of Kingston on Friday, the

13TH DAY OF MAY, 2011

The Senate met at 10:57 a.m. o’clock

PRAYERS Prayer was offered by Senator the Honourable Dwight Nelson.

PRESENT WERE:

Senator Professor the Honourable Oswald Gaskell Harding, OJ, CD, QC, President

Senator the Honourable Dorothy Casieta Lightbourne, CD, QC, Attorney-General, Minister of Justice and Leader of Government Business

Senator the Honourable Dwight Augustus Nelson, CD, Minister of National Security

Senator the Honourable Arthur Hugh Washington Williams, Minister of State in the Ministry of Finance and the Public Service

Senator the Honourable Marlene Malahoo Forte, Minister of State in the Ministry of Foreign Affairs and Foreign Trade

Senator Warren Meaden Newby, Parliamentary Secretary in the Ministry of Youth, Sports and Culture

Senator Hyacinth Deloris Bennett

Senator Navel Foster Clarke

Senator Sandrea May Falconer

Senator Aundre Christopher Franklin

Senator Mark Jefferson Golding

Senator Norman Washington Grant

Senator Keith Desmond St. Aubyn Knight, QC

Senator Dennis Meadows

Senator Desmond Anthony Augustus McKenzie, CD JP

Senator Arnold Joseph Nicholson, QC, Leader of Opposition Business

Senator Noel Bancroft Sloley

Senator Basil Llewellyn M’Wallimu Burnett Waite

STATEMENTS BY MINISTERS

The Minister of State in the Ministry of Foreign Affairs and Foreign Trade, Senator the Honourable Marlene Malahoo Forte, made the following statement on the Jamaican Diaspora:

Mr. President, recent reports in the print and electronic media (including an article in today’s Observer) have raised concerns about the upcoming Disapora Convention 2011.

You will recall that June 16 has been proclaimed Diaspora Day. In keeping with Government’s policy to engage the Diaspora in a formal and structured way, conferences are held every two years, here in Jamaica. A conference should have been held last June, but, unfortunately, it was cancelled. One is scheduled for June 16-17 (with pre-conference activities on the 15th) at the Jamaica Grande, Ocho Rios.

Pursuant to the said policy of engagement, a Diaspora Advisory Board has been established, to provide advice, on relevant issues, to the Minister with responsibility for Diaspora Affairs.

As you are aware, Mr. President, I am the Minister so responsible.

Permit me to speak to two issues that have been raised:

● Alleged failure to consult with the Diaspora in setting the Agenda for Conference 2011;

● Concerns about a proposal to alter the method by which the Advisory Board is to be constituted. (I wish to make it unequivocally clear that is a mere proposal).

In relation to the first issue about the Agenda, I am pleased to report that the Agenda remains work in progress, in consultation with the Diaspora. We have had feedback from them and they have been incorporated. We continue to refine the Agenda, even as we continue the planning process.

Turning to the second issue: the proposal to alter the method came against the backdrop of numerous complaints, received by the Ministry of Foreign Affairs and Foreign Trade from the Diaspora about:

● depriving hard working, committed and dedicated members of the Diaspora, who were unable to attend the conference, of the opportunity to vote for those who will represent their interests and concerns;

●some existing Board Members who neglected their representative role and have instead been promoting their personal interests (David Mullings had admitted on his Facebook page that members of the Diaspora have levied this complaint against him);

●vacancy that arises from resignation of a Board Member and failure within the Diaspora to arrive at consensus for replacement (the Canadian Adviser resigned, returned home and is now a candidate for the PNP, running against Mr. Clive Mullings, MP).

Taking these complaints into account, the Diaspora and Consular Department of the Ministry convened a meeting. Arising out of the deliberations of that meeting, the proposal was made that each Region should VOTE IN THEIR REGION for twice as many persons (numbers are specified for each Region) who will be put forward for selection to the Advisory Board. Half will serve as primary advisors and half will serve as alternates. (the idea behind having alternates is to ensure that no group is left unrepresented).

Selection would be done by the Minister from those put forward (after democratic elections) from each Region.

Should the Minister play any role in constituting the Board?

The issue was discussed within the Ministry. Against the principle that ministerial advisers should be selected by, and not impose upon, Ministers (especially given the unfortunate yet real partisan political landscape), but recognizing that the Diaspora Advisory Board, as conceptualized, was somewhat hybrid and also recognizing the importance of the Diaspora having their say in the process, the proposal was made accordingly.

It is really unfortunate that the proposal to give the Minister a say (bearing in mind that at one stage it was the Minister who appointed the Board), has caused some to conclude that this is an attempt to politicize the process.

I wish to make it abundantly clear that I will not be part of that destructive political culture that has been nurtured and which had created a partisanly divisive landscape, resulting in more harm than good.

Given the current immaturity of our political culture, questions will invariably arise as to whether people who have faithfully served one Administration, with which they are politically sympathetic, will display the level of professionalism to serve another Administration, with which they may not be politically sympathetic, to advance the policies of that new administration. (Some have shown that they are capable of so doing, while other have shown the opposite).

I believe that our failure and timidity to unmask this hidden perspective and deal with it candidly has also caused us more harm than good and has slowed our political maturity.

I intend to raise this matter with the Diaspora, in a constructive way, in hope that we will be better enabled to work toward building a better Jamaica.

Mr. President, having assessed the situation, I realize that a large part of the problem relates to the fact that no meeting has been held with the existing Board since January 2010, when they met with the Honourable Prime Minister. (Plans are being made to convene a meeting as soon as possible, taking into account logistics that have to be sorted out, since Board Members are scattered across the countries, plus, the Board is really in a “holding over” state, since they were elected for two years, which expired in June 2010.

A new Board should have been put in place in June 2010, but that was not done because conference was cancelled in 2010. The new Board will be put in place through a democratic process, without anyone having to worry about the process.

Finally, Mr. President, I wish to say that the Government is committed to engaging the Diaspora in a constructive and mutually beneficial manner.

Since taking up responsibility in November, 2010, notwithstanding the budgetary constraints, I have met with the groups in Miami, London and Canada, and the month before I was officially assigned (October 2010), I also met the North East USA groups which include New York. I am pleased to say that I will be meeting with the New York and Miami groups next week and London, the following.

Permit me to thank all those in the Diaspora, who have taken the time to write, pledging their commitment to attend the conference and to working with the Government.

The Government is committed to resolving all issues speedily and constructively, as we work in partnership for a better Jamaica.

Thank you Mr. President.

ANNOUNCEMENTS

The Clerk laid on the Table of the Senate a copy of the following:

Green Paper No. 1/11 Tax Reform for Jamaica (Ministry of Finance & the Public Service)

Ministry Paper No. 26/11 entitled Cabinet Agenda Issues for 28 March 2011 (Office of the Cabinet)

Ministry Paper No. 27/11 and Annual Report and Audited Financial Statements of the National Irrigation Commission Limited for the year ended March 31, 2009 (Ministry of Agriculture & Fisheries)

Ministry Paper No. 28/11 Cabinet Agenda Issues for April 11, 2011 (Office of the Cabinet)

Ministry Paper No. 29/11 And Annual Report of The Ministry of Health for the year 2006 (on CD) (Ministry of Health)

Ministry Paper No. 30/11 And Annual Report of The National Health Fund of Jamaica for the year 2009 (on CD) (Ministry of Health)

Ministry Paper No. 31/11 Revenue Measures for the Financial Year 2011/2012 (Ministry of Finance & the Public Service)

Ministry Paper No. 32/11 Cabinet Agenda Issues for April 13-18, 2011 (Cabinet Offices)

Ministry Paper No. 33/11 Cabinet Agenda Issues for April 26, 2011 (Cabinet Offices)

Ministry Paper No. 34/11 Public Sector Master Rationalization Plan Recommendations for the Restructuring of Ministries, Departments and Agencies (Office the Prime Minister)

Ministry Paper No. 35/11 and Annual Report and Audited Financial Statements of the National Export-Import Bank of Jamaica Limited for the year ended March 31, 2010 (Ministry of Finance and the Public Service)

Ministry Paper No. 36 A New and Innovative Approach for Improving access to Financing for Small and Medium Sized Enterprises (SMEs) (Office of the Prime Minister)

The Insurance (Actuaries) (General Insurance Companies) (Amendment) Regulations, 2011 under The Insurance Act (Ministry of Finance and the Public Service)

The Insurance (Amendment) Regulations, 2011 under The Insurance Act (Ministry of Finance and the Public Service)

The Constituencies (Boundaries) Order, 2011 under The Constitution of Jamaica (King’s House)

Bank of Jamaica (BOJ) Annual Report and Audited Financial Statements for the year ended December 2010 (Bank of Jamaica)

Estimates of Expenditure for the Financial Year Ending March 31, 2012 (Ministry of Finance & the Public Service)

Jamaica Public Bodies Estimates of Revenue and Expenditure for the Year ending March, 2012 (Ministry of Finance & the Public Service)

Public Sector Consolidated Estimates of Expenditure for the Year ending March 31, 2012 (Ministry of Finance & the Public Service)

Medium-Term Debt Management Strategy for the period 2011/2012-2013/2014 (Ministry of Finance & the Public Service)

Jamaica Memorandum on the Budget 2011/2012 (Ministry of Finance & the Public Service)

Tax Expenditure Estimates 2007-2009 (Ministry of Finance & the Public Service)

Fiscal Policy Paper for the Financial Year 2011/2012 (Ministry of Finance & the Public Service)

Administrator-General’s Department (An Executive Agency) Annual Report and Audited Financial Statements for the Year ended March 31, 2007 (Administrator-General’s Department)

Jamaica Mortgage Bank Annual Report and Audited Financial Statements or the year ended March 31, 2010 (Ministry of Water & Housing)

Statistical Institute of Jamaica Publications on CD entitled: (Revised)

1. Demographic Statistics 2010 2. External Trade Bulletin January to December 2010 (Preliminary Data) 3. Procedure Price Index Bulletin Annual Report 2010 4. Employment, Earnings and Hours Worked in Large Establishments 2008 – 2010

5. Quarterly Gross Domestic Product October – December 2010 (Volume 9, No. 4)

6. Consumer Price Index Annual Report 2010 7. The Labour Force Report 2010 8. The Household Environment Survey 2008

The Economic and Social Survey Jamaica 2010 (Planning Institute of Jamaica)

Financial Statements and Revenue Estimate for the year ending March 31, 2012 (Ministry of Finance & the Public Service)

The University Council of Jamaica Annual Report for the year 2009-2010 (Ministry of Education)

The HEART Trust/National Training Agency Annual Reports for the years 2008-2009 and 2009-2010 (Ministry of Education)

Report of Investigation – Conducted into the Circumstances Surrounding the Alleged Contractual Agreements between the Petroleum Corporation of Jamaica (PCJ) and Caribbean Protective Security Management and Services Company Ltd. (Office of the Contractor-General)

Nutrition Products Limited Annual Reports for the years 2007-2008, 2008-2009 and 2009-2010 (Ministry of Education)

Police Civilian Oversight Authority (PCOA) Annual Report for the period April 1, 2009 to March 31, 2010 (Ministry of National Security)

Tourism Product Development Company (TPDCo.) Annual Report and Audited Financial Statements for the year 2009-2010 (Ministry of Tourism)

BILLS BROUGHT FROM THE HONOURABLE HOUSE OF REPRESENTATIVES

The Clerk presented the following message from the Speaker of the House of Representatives:

TO THE HONOURABLE SENATE: I have the honour to advise the Honourable Senate that on the 11th day of May, 2011, a Bill shortly entitled “The Appropriation Act, 2011” was passed in the House of Representatives without amendment.

Delroy H. Chuck, M. P. Speaker of the House of Representatives

The Attorney-General, Minister of Justice and Leader of Government Business, Senator the Honourable Dorothy Lightbourne signified her intention to take charge of the Bill.

Clerk read Bill a first time.

Notice of second reading given.

The Attorney-General, Minister of Justice and Leader of Government Business further gave notice that at a later stage that day she would move for the suspension of the Standing Orders to enable her to move for second reading of the Bill and to take it through all its concluding stages. NOTICES OF MOTIONS GIVEN ORALLY

The Attorney-General, Minister of Justice and Leader of Government Business, gave notice that at the next meeting of the Senate she would move:

BE IT RESOLVED that the Insurance (Actuaries) (General Insurance Companies) (Amendment) Regulations, 2011 and the Insurance (Amendment) Regulations, 2011, under the Insurance Act, which were laid on the Table of the Senate on the 13th day of May, 2011 be referred to the Regulations Committee of the Senate for consideration and report.

She further gave notice that at a later stage that day she would move for the suspension of the Standing Orders to enable her to take the motion.

PUBLIC BUSINESS

The Attorney-General, Minister of Justice and Leader of Government Business, having obtained suspension of the Standing Orders moved:

Seconded by: Senator Hyacinth Bennett. Agreed to.

The Attorney-General, Minister of Justice and Leader of Government Business, moved for the suspension of the Standing Orders to enable her to move for second reading of a Bill entitled “AN ACT to Apply a sum out of the Consolidated Fund to the service of the year ending on the 31st day of March, 2012, and to appropriate the sums granted in this Session of Parliament”

Senators Norman Grant; Warren Newby; Basil Waite; Mark Golding; Navel Clarke; and A.J. Nicholson also participated in the debate.

Seconded by: Senator Dennis Meadows. Agreed to.

Clerk read Bill a second time

The Senate resolved itself into a committee of the whole Senate to consider the clauses of the Bill.

Clauses 1 – 3 agreed to.

Schedule agreed to.

Title and enacting clause agreed to.

The question that the Chairman do report the Bill to the Senate was agreed to.

The Senate resumed.

The Bill having been reported to the Senate without amendment, the Attorney-General, Minister of Justice and Leader of Government Business, moved that the Bill be read a third time and passed.

Seconded by: Senator Aundre Franklin. Agreed to.

Bill read a third time and passed.

ADJOURNMENT

At 1:18 p.m., the Attorney-General, Minister of Justice and Leader of Government Business moved that the Senate do now adjourn to a date to be fixed by the President.

Seconded by: Senator Warren Newby. Agreed to.

The Senate adjourned accordingly.

------Oswald Harding, OJ, CD, QC President