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

16TH DAY OF JULY, 2010

The Senate met at 10:57 a.m. o’clock

PRAYERS Prayer was offered by Senator Sandrea Falconer.

PRESENT WERE:

Senator Dr. the Honourable Oswald Gaskell Harding, OJ, CD, QC, President

Senator Thomas George Lewis Tavares-Finson, Deputy 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 Warren Meaden Newby, Parliamentary Secretary in the Ministry of Youth, Sports and Culture

Senator Hyacinth Deloris Bennett

Senator Sandrea May Falconer

Senator Norman Washington Grant

Senator Keith Desmond St. Aubyn Knight, QC

Senator Dennis Meadows

Senator Desmond Anthony Augustus McKenzie, CD JP

Senator Ian Edward McFarlane Murray

Senator Arnold Joseph Nicholson, QC, Leader of Opposition Business

ANNOUNCEMENTS

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

Ministry Paper No. 59/10 Cabinet Agenda Issues for May 31, 2010 (Cabinet Office)

Ministry Paper No. 60/10 Cabinet Agenda Issues for June 21, 2010 (Cabinet Office)

Ministry Paper No. 61/10 Cabinet Agenda Issues for June 28, 2010 (Cabinet Office)

Ministry Papers No. 62-63/10 Agricultural Development Corporation (ADC) Annual Reports and Audited Financial Statements for the years ended March 31, 2006 and March 31, 2007 (Ministry of Agriculture)

National Water Commission Annual Report and Audited Financial Statements for the financial year 2007/2008 (Ministry of Water and Housing)

General Legal Council Annual Report For the period 1st April 2008 – 31st March 2009

The National Insurance (Increase in Benefits) Order, 2010 under The National Insurance Act (Ministry of Labour and Social Security)

The Executive Agencies (General) Regulations, 2010 under The Executive Agencies Act (Ministry of Finance & the Public Service) (For information)

Road Maintenance Fund Annual Report and Audited Financial Statements for the financial year 2008/2009 (Ministry of Transport & Works)

Consumer Affairs Commission Annual Report & Audited Financial Statements for the Financial Year 2006-2007 (An Agency of the Ministry of Industry, Technology, Energy & Commerce)

Special Report of the Joint Select Committee on the Bill shortly entitled: “The Protected Disclosures Act”, 2010 (Houses of Parliament)

Broadcasting Commission Monitoring & Compliance Report for the period July 2009 to March 2010 (Can be viewed on the Parliament’s Website)

BILLS BROUGHT FROM THE 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 13th day of July, 2010, the following Bills were passed in the House of Representatives:

 The Child Care and Protection (Children’s Homes) Regulations, 2005 (Validation and Indemnity) Act, 2010.

 The Tourist (Duty-Free) Shopping System (Change of Name and Amendment) Act, 2010.

 The Industrial and Provident Societies (Amendment) Act, 2010.

Each passed without amendment.

 The Credit Reporting Act, 2010. Passed with one amendment for which the House of Representatives desires the concurrence of the Senate.

Amendment:

CLAUSE AMENDMENT

13 Delete from subsection (5) the words “knowingly receives, uses or discloses” and substitute therefor the words “knowingly uses or discloses”

In paragraph 12, Column A, delete the words “knowingly Fifth Schedule receiving” and substitute therefor the words “knowingly using or disclosing” .

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

The Attorney-General, Minister of Justice and Leader of Government Business, the Honourable Dorothy Lightbourne signified her intention to take charge of the Bills shortly entitled:

 The Child Care and Protection (Children’s Homes) Regulations, 2005 (Validation and Indemnity) Act, 2010.

 The Tourist (Duty-Free) Shopping System (Change of Name and Amendment) Act, 2010.

Clerk read Bills 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 shortly entitled “The Child Care and Protection (Children’s Homes) Regulations, 2005 (Validation and Indemnity) Act, 2010” and to take it through all its concluding stages.

The amendments to the Bill entitled “The Credit Reporting Act, 2010”. as set out, were agreed to by the Senate.

The Attorney-General, Minister of Justice and Leader of Government Business moved that the House of Representative’s amendment to the Bill shortly entitled “The Credit Reporting Act, 2010” be approved.

Seconded by: Agreed to.

REPORTS FROM COMMITTEES

The Attorney-General, Minister of Justice and Leader of Government Business laid on the Table of the Senate a copy of the Special Report of the Joint Select Committee appointed to consider and report on the Bill shortly entitled “The Protected Disclosures Act, 2010”.

You need to insert the Report.

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 the following motions:

1. THE NATIONAL INSURANCE ACT

The National Insurance (Increase in Benefits) Order, Resolution, 2010

WHEREAS by virtue of section 23A of the National Insurance Act (hereinafter referred to as the Act) the Minister may, by order subject to affirmative resolution, increase any benefit payable under the Act;

AND WHEREAS on the 13th day of July, 2010, the Minister made the National Insurance (Increase in Benefits) Order, 2010:

NOW THEREFORE, BE IT RESOLVED by this Honourable Senate as follows:-

1. This Resolution may be cited as the National Insurance (Increase in Benefits) Order Resolution, 2010.

2. The National Insurance (Increase in Benefits) Order, 2010 which was laid on the Table of the Senate on the 16th day of July, 2010, is hereby affirmed.

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

2. BE IT RESOLVED, that the Special Report of the Joint Select Committee appointed to consider and report on the Bill shortly entitled “The Protected Disclosures Act, 2010”, which was laid on the Table of the Senate on the 16th day of July, 2010, be adopted.

She also 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 motions.

PUBLIC BUSINESS

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

THE NATIONAL INSURANCE ACT

The National Insurance (Increase in Benefits) Order Resolution, 2010

AND WHEREAS on the 13th day of July, 2010, the Minister made the National Insurance (Increase in Benefits) Order, 2010:

NOW THEREFORE, BE IT RESOLVED by this Honourable Senate as follows:-

1. This Resolution may be cited as the National Insurance (Increase in Benefits) Order Resolution, 2010.

2. The National Insurance (Increase in Benefits) Order, 2010 which was laid on the Table of the Senate on the 16th day of July, 2010, is hereby affirmed.

Seconded by: Senator Hyacinth Bennett. Agreed to.

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

BE IT RESOLVED, that the Special Report of the Joint Select Committee appointed to consider and report on the Bill shortly entitled “The Protected Disclosures Act, 2010”, which was laid on the Table of the Senate on the 16th day of July, 2010, be adopted.

Seconded by: Senator Warren Newby. Agreed to.

The Attorney-General, Minister of Justice and Leader of Government Business, having obtained suspension of the Standing Orders moved that a Bill entitled “AN ACT to Validate and Confirm acts done in good faith by the Child Development Agency in enforcing the provisions of the Child Care and Protection (Children’s Homes) Regulations, 2005, from the period of April 5, 2005, to June 8, 2007; and to indemnify the Agency and persons from liability in respect of such acts” be now read a second time.

Seconded by: Senator Thomas Tavares-Finson. 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 - 2 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 Thomas Tavares-Finson. Agreed to.

Clerk read Bill a third time.

Bill passed without amendment.

PRIVATE MEMBERS’ MOTIONS

Senator Norman Grant having obtained suspension of the Standing Orders, moved:

WHEREAS approximately 49% of our population resides in rural Jamaica and 51% in urban and sub-urban Jamaica;

AND WHEREAS the National Water Commission has the responsibility to provide the country’s citizens with potable water and the National Irrigation Commission has the responsibility to provide the farmers with irrigation water;

AND WHEREAS a significant percentage of the population in rural Jamaica is without potable piped water and there is also a significant shortage of irrigation water for the country’s over two hundred thousand (200,000) farmers;

AND WHEREAS the country recently experienced the worst period of drought in forty (40) years:

BE IT RESOLVED that the Senate call on the Government of Jamaica:

I. To distribute free of cost one water tank to every farmer in the country to be used as storage for the purpose of irrigating their farms;

II. To provide the country with a plan and timetable regarding the availability of potable piped water and irrigation water to the rural communities in Jamaica;

III. To implement a policy as part of the approval process for the construction of any housing development and private dwellings where the construction of a water tank is a requirement for such approval.

AND BE IT FURTHER RESOLVED that the Government commission an immediate feasibility study for the damming of the Bog Walk Gorge as a means of expanding the country’s water storage capacity.

The Minister of State in the Ministry of Finance and the Public Service, Senator the Honourable Arthur Williams moved to amend the motion as follows:

Insert the amendment here.

Seconded by: Senator Desmond McKenzie. Agreed to.

The motion was amended as follows:

BE IT RESOLVED that the Senate call on the Government of Jamaica:

I. To consider assisting those farmers who do not yet have access to irrigation systems by the provision of water tanks to be used as storage for the purpose of irrigating their farms;

II. To actively pursue the existing plans for providing potable water to all Jamaicans and irrigation water to rural communities across Jamaica;

III. To promulgate at the earliest possible time, the policy for designated areas of the country, which would require construction of water storage facilities as a prerequisite to future housing construction.

BE IT FURTHER RESOLVED that the Government mandates the Water Resources Authority to further advise on the possibility of damming the Bog Walk Gorge as a means of expanding the country’s water storage capacity.

Amendment agreed to.

On the motion as amended being put same was agreed to.

ADJOURNMENT

At 1:02 p.m., the Attorney-General, Minister of Justice and Leader of Government Business moved that the Senate do now adjourn to Friday, July 23, 2010 at 10:00 a.m.

Seconded by: Senator Ian Murray. Agreed to.

The Senate adjourned accordingly.

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