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
14th DAY OF SEPTEMBER, 2010
The House met at 2:15 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. Karl George Samuda, M.P., OD, Minister of Industry, Commerce & Investment
Hon. James Robertson, M.P., Minister of Energy and Mining
Hon. Clifford Everald Errol Warmington, M.P., Minister of State in the Ministry of Water and Housing
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Hon. William James Charles Hutchinson, M.P., Minister of State in the Ministry of Agriculture and Fisheries
Hon. Robert St. Aubyn Montague, M.P., Minister of State in the Office of the Prime Minister
Mr. Noel George Delano Arscott, M.P., Clarendon, South Western
Mr. Luther Bartley Monteith Buchanan, M.P., Westmoreland, Eastern
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
Mr. Colin Alfred Alexander Fagan, M.P., St. Catherine, South Eastern
Dr. Fenton Rudyard Ferguson, M.P., St. Thomas, Eastern
Dr. Morais Valentine Guy, M.P., St. Mary, Central
Ms. Lisa Rene Shanti Hanna, M.P., St. Ann, South Eastern
Mr. Ian Dave Hayles, M.P., Hanover, Western
Mrs. Sharon Merle Hay-Webster, M.P., St. Catherine, South Central
Mrs. Maxine Antoinette Henry-Wilson, M.P., St. Andrew, South Eastern
Mr. Joseph Uriah Hibbert, M.P., St. Andrew, East Rural
Mr. George Anthony Hylton, M.P., St. Andrew, Western
Mr. Fitz Arthur Jackson, M.P., St. Catherine, Southern
Mr. Derrick Flavius Kellier, M.P. CD, St. James, Southern
Mr. Desmond Gregory Mair, M.P., St. Catherine, North Eastern
Dr. Kenneth Wykeham McNeill, M.P., Westmoreland, Western
Mr. Clive Arthur Mullings, M.P., S. James, West, Central
Mr. Phillip Feanny Paulwell, M.P., Kingston Eastern & Port Royal
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Mr. Dean Alexander Peart, M.P. CD, Manchester, North Western
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
Mr. Robert Dixon Pickersgill, M.P., St. Catherine, North Western
Mr. Ernest Augustus Smith, M.P., St. Ann, South Western
Rev. Ronald George Thwaites, M.P., Kingston, Central
Mr. Franklyn Robert Witter, M.P., St. Elizabeth, South Eastern
Dr. Morais Guy, Mr. Noel Arscott, Dr. Omar Davies, the Honourable Lester Michael Henry, Dr. St. Aubyn Bartlett and the Honourable Robert Montague spoke briefly on the passing of former Member of Parliament, Dr. Neil McGill. The House observed one minute silence in memory of Dr. McGill.
ANNOUNCEMENTS
The Clerk laid on the Table of the House a copy of the following:
Ministry Paper No. 69/10 Cabinet Agenda Issues for July 19, 2010 (Cabinet Office)
Ministry Paper No. 70/10 Cabinet Agenda Issues for July 26, 2010 (Cabinet Office)
Ministry Paper No. 71/10 Cabinet Agenda Issues for August 9, 2010 (Cabinet Office)
Ministry Paper No. 72/10 Cabinet Agenda Issues for August 16, 2010 (Cabinet Office)
Ministry Paper No. 73/10 Cabinet Agenda Issues for August 23, 2010 (Cabinet Office)
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Ministry Paper No. 74/10 The Coconut Industry Board 67th Annual Report and Audited Financial Statements for the year ended December 31, 2008 (Ministry of Agriculture and Fisheries)
Ministry Paper No. 75/10 Agricultural Credit Board Annual Report and Audited Financial Statements for the year ended March 31, 2009 (Ministry of Agriculture & Fisheries)
Office of the Political Ombudsman Annual Report for the period January – December 2009 (Office of the Political Ombudsman)
Companies Office of Jamaica Annual Report for the year 2005/2006 (Ministry of Industry, Investment & Commerce)
Statistical Institute of Jamaica Annual Reports and Audited Financial Statements for the years 2002/2003, 2003/2004,2004/2005, 2005/2006, 2006/2007 & 2007/2008 (Office of the Prime Minister)
Environmental Foundation of Jamaica Annual Reports and Audited Financial Statements for the years 2007/2008 & 2008/2009 (Office of the Prime Minister)
Broadcasting Commission of Jamaica Annual Reports and Audited Financial Statements for the years April 1, 2007 to March 31, 2008, April 1, 2008 to March 31, 2009 (Office of the Prime Minister)
Jamaica Information Service (JIS) Annual Reports and Audited Financial Statements for the years April 1, 2005 to March 31, 2006, April 1, 2007 to March 31, 2008 (Office of the Prime Minister)
Scientific Research Council (SRC) Annual Reports and Audited Financial Statements for the years 2007/2008 and 2008-2009 (Ministry of industry, Investment & Commerce)
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Tourist Product Development Company Limited (TPDCo.) Annual Report and Audited Financial Statements for the year 2007/2008 (Ministry of Tourism)
Electoral Commission of Jamaica (ECJ) Annual Report for the year April 2009 to March 2010 (Electoral Commission of Jamaica)
Report of Investigation – Conducted into the Oil Lifting Contracts between the Petroleum Corporation of Jamaica (PCJ) and Trafigura Beheer (Office of the Contractor General)
Report of Special Investigation – Conducted into the Alleged “Sweetheart Deals” Involving the Government of Jamaica and Dehring, Bunting and Golding (DB&G) Ltd. (Office of the Contractor General)
Special Report of Investigation Conducted into the Award of a Multi-Million Dollar Consultancy Contract to Mr. Aubyn Hill and/or his Company, Corporate Strategies Limited (Office of the Contractor General)
Certified Appropriation Accounts Head Ministry/Department Financial Year
0600 Office of the Services 2009/2010 Commissions 6500, 6500A Ministry of Transport & 2008/2010 & 6500B Works (Auditor General’s Department)
(The Leader of the Opposition, the Most Honourable Portia Simpson Miller, entered and took her seat).
(The Minister of Agriculture and Fisheries, Dr. the Honourable Christopher Tufton, entered and took his seat).
(The Minister of Labour and Social Security, the Honourable Pearnel Charles, entered and took his seat).
(The Minister of Health, the Honourable Rudyard Spencer, entered and took his seat).
(Mr. Derrick Smith, M.P., St. Andrew, North Western entered and took his seat).
(Dr. Patrick Harris, M.P., Trelawny, Northern entered and took his seat).
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(The Deputy Prime Minister and Minister of Foreign Affairs and Foreign Trade, the Honourable Dr Kenneth Baugh, entered and took his seat).
(The Minister of State in the Ministry of Labour and Social Security, the Honourable Neville Andrew Gallimore, 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 State in the Ministry of Industry, Commerce and Investment, the Honourable Michael Stern, entered and took his seat).
(The Minister of State in the Ministry of Energy and Mining, the Honourable Laurence Broderick, entered and took his seat).
(Dr. St. Aubyn Bartlett, M.P., St. Andrew, Eastern entered and took his seat).
(The Minister of Water and Housing, the Honourable Dr. Horace Chang, entered and took his seat).
(The Minister of Youth, Sports and Culture, the Honourable Olivia Grange, entered and took her seat).
BILLS BROUGHT FROM THE 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 30th day of July, 2010, a Bill shortly entitled the “Town and Country Planning (Negril and Green Island Area Local Planning Authority)(Validation and Indemnity) Act, 2010” was passed in the Senate.
Oswald G. Harding, OJ, CD, QC President of the Senate
(The Prime Minister, the Honourable Orette Bruce Golding entered and took his seat).
(The Minister of Transport and Works, the Honourable Lester Henry, entered and took his seat).
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NOTICES OF MOTIONS GIVEN ORALLY
The Reverend Ronald Thwaites gave notice that at the next meeting of the House he would move the following motions: 1.
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, institutions, finances and methodology required to eliminate this shortfall.
2.
BE IT RESOLVED that universal literacy ought to be defined by this Honourable House as the priority goal of the Jamaican education system and that the measures and resources required to achieve this ought to be a permanent item on the agenda of the Committee on Human Resources with quarterly progress reports provided to the House of Representatives.
Mr. Fitz Jackson gave notice that at the next meeting of the House he would move the following motion:
WHEREAS Jamaica imports hundreds of thousands of new and used motor vehicles annually to satisfy the transportation needs of the country;
AND WHEREAS there have been reports of millions of motor vehicles recalled because of manufacturer’s defects in components and assemblies;
AND WHEREAS many of the reported defective models of motor vehicles may be supplied into Jamaica;
AND WHEREAS there have been reports of some motor vehicles in Jamaica having manufacturer’s defects;
AND WHEREAS reports from many jurisdictions have confirmed that the identified components and assemblies have caused deaths and serious injuries;
AND WHEREAS many identified manufacturer’s defects have also resulted in significant repair costs to owners of these vehicles;
AND WHEREAS the manufacturer’s defects have also caused unreasonable increased and undue operating expenses and inconveniences to motor vehicle owners and operators;
AND WHEREAS such increased operating costs and inconveniences may be causing enormous economic toll on individuals and the country in increased purchases of expensive imported fuels and spare parts;
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AND WHEREAS no motor vehicles have been reported recalled in Jamaica by any of the manufacturers;
BE IT RESOLVED that this Honourable House require that the Government immediately take steps to determine the extent to which Jamaica has received motor vehicles with reported manufacturer’s defects within the last ten (10) years to present;
AND BE IT FURTHER RESOLVED that the Government take the necessary steps to ensure that no model motor vehicles be permitted for importation into Jamaica where the unavoidable supplies for their satisfactory operation is not available unless with the written approval of the first purchaser in the case of new vehicles and importers in the case of pre-owned vehicles;
AND BE IT FURTHER RESOLVED that the Government take steps to require all affected owners to be reasonably compensated and corrective repairs effected by the manufacturers through their designated agents in Jamaica.
Mr. Luther Buchanan gave notice that at the next meeting of the House he would move the following motion:
WHEREAS over the next five years approximately Thirty Six Billion Jamaican dollars is proposed to be spent on roads, drains and bridges across Jamaica through the Jamaica Development Infrastructure Programme:
BE IT RESOLVED that detailed information be provided as it pertains to the amount of monies to be spent on each project as per parish and how each project and contractor was selected or will be selected:
AND BE IT FURTHER RESOLVED that for the protection of our tax dollars, transparency and equity, that a full disclosure be laid before Parliament for approval of:
1. The procedure for how sub-contracts are awarded.
2. The names of the sub-contractors for each road for the next two years.
3. How much money will be spent on each road.
4. The basis of project prioritization before the implementing of the programme.
(Mr. Othneil Lawrence, M.P., St. Ann, North Western entered and took his seat).
(The Minister of State in the Office of the Prime Minister, the Honourable Shahine Robinson, entered and took her seat).
The Minister of Finance and the Public Service, the Honourable Audley Shaw gave notice that at the next meeting of the House he would move to introduce and have read a first time a Bill shortly entitled “The Payment Clearing and Settlement Act, 2010”.
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QUESTIONS AND ANSWERS TO QUESTIONS
Dr. Peter Phillips gave notice that at the expiration of 21 days he would ask the Prime Minister the following questions:
Question 1
1. Is the Prime Minister aware that a contract for the construction of a new police station in Falmouth which was let in 2004 is still not to date completed?
2. Will the Prime Minister indicate the schedule for the completion of this facility?
Question 2
1. Will the Prime Minister indicate the extent of the damage caused to Hannah Town, Darling Street and other police stations in May 2010, when these came under violent attack by armed criminal gangs?
2. Is it the government’s intention to replace and/or repair the police facilities which were destroyed and/or damaged?
3. If the answer to Part 2 is in the affirmative, can the Prime Minister indicate the schedule for such repairs?
Question 3
1. Can the Prime Minister indicate whether the Task Force on the Bauxite and Alumina Industry that he appointed in 2009 to consider and report on the measures necessary to restore the industry has completed its work?
2. If the answer to Part 1 is in the affirmative, does the Prime Minister propose to lay the report in the House, If so, when?
If the answer to Part 2 is in the negative, when is it anticipated that the report will be completed?
3. Will the Prime Minister indicate whether there are any plans for the re-opening of the Alpart Alumina Plant in the near term?
4. Will the Prime Minister indicate the status of negotiations for the establishment of a new North Coast Aluminum facility?
5. Will the Prime Minister indicate the status of plans for the conversion of the JAMALCO plant to non-oil energy sources?
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The Reverend Ronald Thwaites gave notice that at the expiration of 21 days he would ask the Prime Minister the following question:
Will you please give this House a progress report on the LAMP Project and the plans to expand its reach to achieve universal application of the Registration of Titles Act?
The Reverend Ronald Thwaites gave notice that at the expiration of 21 days he would ask the Minister of Transport and Works the following question:
1. Will Members of Parliament be included in determining the priorities for road repair under the 5 year Chinese funded Road Programme?
2. Will the Minister agree that there must be representative and community participation in deciding which roadways are to be repaired?
The Reverend Ronald Thwaites gave notice that at the expiration of 21 days he would ask the Minister of Finance and the Public Service the following question:
Inasmuch as paragraph 27 and page 57 of the Agreement between the Government of Jamaica and the International Monetary Fund stipulates the establishment of a Central Treasury Management System (CTMS) and a Treasury Single Account (TSA) and mandates that a step- by-step consolidation plan for all accounts was to be fully completed by June 30, 2010:
1. Will the Minister state whether this process has been completed?
2. If the answer to Part 1 is in the affirmative, will he present a summary and time frame for the CTMS?
3. If the answer to Part 1 is in the negative, will he state reasons for the delay and indicate measures to get back on schedule?
(The Minister of Tourism, the Honourable Edmund Bartlett, entered and took his seat).
Mr. Noel Arscott asked the Minister of Transport and Works the following question:
As it relates to development works along the Palisadoes road will the Minister please state:
1. Was there an Environmental Impact Assessment (EIA) done for the proposed design?
2. If the answer to Part 1 is in the negative, what will be the impact of these designs on the environment?
3. If the answer to Part 1 is in the affirmative, what was the scope of the environmental evaluation?
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4. How have the changes in designs (2007 to present) been communicated to:
i. Relevant agencies
ii. General public.
5. Can the Minister clearly indicate whether or not dredging is necessary? If yes,
i. Where will it be done?
ii. When will it be done?
iii. At what cost is it to be done?
The Minister of Transport and Works replied as follows:
Answer to Part 1
Yes, an Environmental Impact Assessment (EIA) was commissioned in April 2007 and was submitted in November, 2007.
Answer to Part 2
Not applicable.
Answer to Part 3
The scope of the environmental evaluation included the investigation of the following:
● Impact of fish resources in harbour/sea ● Impact on coral reef ● Impact on sediment loading in the harbour/sea ● Water quality ● Vegetation impacts ● Study of the vegetation cover of the Palisadoes strip
Related scope taken into consideration:
● Impacts to marine benthic and free-swimming resources adjoining both the Tombolo shoreline and the area from which sediments are to be assessed due to turbidity and sedimentation.
● Impacts to marine benthic and free-swimming resources between the sediment supply area and locations to seaward due to turbidity and sedimentation.
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● Impacts to the biological components of the shoreline and land components of the Tombolo due to excavation and sand deposition works required to create the proposed protective works.
● Impacts to environmental features present within the confines of the sea floor area from which sediments are to be accessed.
● Impacts on the livelihood of fishers that may ply their trade within the vicinity of the work area.
● Impacts on persons who use the Palisadoes area, particularly its south beach face, for recreational purposes (jogging, walking, sightseeing, etc.).
Answer to Part 4
Communication regarding design changes was made through three main channels:
i. All communication regarding the changes in designs was communicated in writing to the relevant agencies.
ii. the general public was informed via press conferences and information relating to this project, including the EIA report, has been posted on the National Works Agency’s website.
Answer to Part 5
Yes, dredging will be necessary.
i. the sand will be sourced from a pre-defined burrow area as per the National Environmental Planning Agency (NEPA) Licence.
ii. Dredging will commence during the placement of the rock revetment works.
iii. The sand will cost between fifteen and twenty-five United States dollars per cubic metre, depending on fuel prices. The project will require approximately one hundred and ten thousand cubic meters of sand.
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PUBLIC BUSINESS
The Minister of Finance and the Public Service, the Honourable Audley Shaw, moved:
THE EXECUTIVE AGENCIES ACT
The Executive Agencies (General) Regulations Resolution, 2010
WHEREAS, by virtue of section 18(1) of the Executive Agencies Act (hereinafter referred to as the Act), the Minister may make regulations generally for the purpose of giving effect to the provisions of the Act;
AND WHEREAS on the 2nd day of July, 2010, the Minister made the Executive Agencies (General) Regulations, 2010;
AND WHEREAS it is provided by subsection (2) of section 18 of the Act that regulations made under subsection (1) of that section shall be subject to affirmative resolution;
AND WHEREAS it is desirable that the Executive Agencies (General) Regulations, 2010, be affirmed:
NOW, THEREFORE, BE IT RESOLVED by this Honourable House as follows:
1. This Resolution may be cited as the Executive Agencies (General) Regulations Resolution, 2010;
2. The Executive Agencies (General) Regulations, 2010, which were laid on the Table of the House on the 13th day of July, 2010, are hereby affirmed.
(Dr. Donald Rhodd, M.P., Portland, Eastern entered and took his seat).
Seconded by: Mr. Desmond Mair. Agreed to.
The Minister of Finance and the Public Service moved:
THE CIVIL SERVICE ESTABLISHMENT ACT
The Civil Service Establishment (General) Order, 2010, Resolution
WHEREAS section 3(1) of the Civil Service Establishment Act (hereinafter referred to as “the Act”) provides that, subject to the provisions of the Constitution of Jamaica relating to the holders of public office and the Act, the power to constitute or abolish offices in the public service shall be exercised by the Minister by order;
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AND WHEREAS on the 1st day of June, 2010, the Minister made the Civil Service Establishment (General) Order, 2010;
AND WHEREAS section 3(4) of the Act provides that an Order made under that section shall be subject to affirmative resolution of the House of Representatives;
AND WHEREAS it is desirable that the Civil Service Establishment (General) Order, 2010, be affirmed:
NOW, THEREFORE, BE IT RESOLVED by this Honourable House as follows:
1. This Resolution may be cited as the Civil Service Establishment (General) Order, 2010, Resolution.
2. The Civil Service Establishment (General) Order, 2010, which was laid on the Table of the House on the 27th day of July, 2010, is hereby affirmed.
Seconded by: Mr. Desmond Mair. Agreed to.
The Minister of Education and Leader of the House, the Honourable Andrew Holness moved:
BE IT RESOLVED that the Report of the Electoral Commission of Jamaica dated July 6, 2007, which was laid on the Table of the House on the 10th day of July, 2007, be adopted.
Seconded by: Dr. St. Aubyn Bartlett. Agreed to.
ADJOURNMENT
At 3:46 p.m. the Minister of Education and Leader of the House moved that the House do now adjourn to Tuesday, September 21, 2010 at 2:00 p.m.
Seconded by: Mr. Franklyn Witter. Agreed to.
The House adjourned accordingly.
------Delroy H. Chuck, M.P. Speaker
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