Minutes of the Honourable Jamaica House Of

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

15TH DAY OF SEPTEMBER, 2009

The House met at 2:18 p.m.

PRAYERS Prayer was offered by the Reverend Ronald Thwaites.

CALL OF THE ROLL

PRESENT WERE:

Hon. Delroy Hawmin Chuck, Speaker

Mrs. Marisa Colleen Dalrymple‐Philibert, Deputy Speaker

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

Hon. Orette Bruce Golding, Prime Minister and Minister of Defence

Hon. Karl George Samuda, Minister of Industry, Commerce and Investment

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

Hon. Rudyard Conrad Spencer, OD, Minister of Health and Environment

Hon. Lester Michael Henry, CD, Minister of Transport and Works

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

Hon. Clifford Everald Errol Warmington, Minister of State in the Ministry of Water and Housing

Hon. William James Charles Hutchinson, Minister of State in the Ministry of Agriculture and Fisheries

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

Hon. Robert St. Aubyn Montague, Minister of State in the Office of the Prime Minister

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

Mr. Noel George Delano Arscott, M.P., Clarendon, South Western

Dr. St. Aubyn Bartlett, M.P., St. Andrew, Eastern

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 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

Dr. Esmond Vernal Patrick Harris, M.P., Trelawny, Northern

Mr. Ian Dave Hayles, M.P., Hanover, Western

Mrs. Sharon Merle Hay‐Webster, M.P., St. Catherine, South Central Mr. Joseph Uriah Hibbert, M.P., St. Andrew, West Rural

M. Fitz Arthur Jackson, M.P., St. Catherine, Southern

Mr. Derrick Flavius Kellier, CD, M.P. St. James, 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. Donald Gladstone St. Clair Rhodd, M.P., Portland, Eastern

The Most Hon. Portia Simpson Miller, ON, M.P., St. Andrew, South Western

Mr. Derrick Charles Smith, M.P., S. Andrew, North Western

Mr. Ernest Augustus Smith, M.P., St. Ann, South Western

Mr. Michael Anthony Stern, M.P., Clarendon, North Western

Rev. Ronald George Thwaites, M.P., Kingston, Central

Mr. Franklyn Witter, M.P., St. Elizabeth, South Eastern

OATH OF ALLEGIANCE

Mr. Michael Anthony Stern took the Oath of Allegiance and his seat as Member of Parliament for Clarendon, North Western.

STATEMENTS BY MINISTERS

The Prime Minister made the following statement regarding the performance of the Jamaican athletes at the Berlin World Championships:

Jamaicans here at home and throughout the world were enthralled by the superb performance of our athletes at the World Championships in Berlin last month.

While we were still basking in the glory of their achievements at the Olympics in Beijing last year when they took home 11 medals, this time they have brought back 13 medals.

Beijing Berlin

Gold 6 7

Silver 3 4

Bronze 2 2

On points standing in track and field, we came in 4th in Beijing with 122 points behind the USA, Russia and Kenya. In Berlin we overtook Kenya to place 3rd with 136 points behind only the USA and Russia.

For a small nation of 2.7 million people – less than 1% of the population of the USA and less than 2% of Russia, we are the champions.

Our athletes have brought great pride to our country. They have demonstrated that through hard work and determination we can be the best in the world. Pioneers like Herb McKenley who blazed the trail and contributed so much to the development of athletics would have been extremely proud of our achievements today. The legacy they left us is in good hands.

We pay tribute, also, to the coaches, managers, support teams and our athletic officials and administrators. They never mount the podium to receive any medals but they have played a significant role in the success we have achieved and we commend them.

Arrangements are being made to honour our World Championship contingent next month when we hope to have them all back home in Jamaica. The details of the celebrations planned were announced yesterday by the Minister of Youth, Culture and Sport.

It is risky to single out any individual athlete but I will take that risk and single out three.

Bridgette Foster‐Hylton deserves special recognition. Last year she decided to retire after the Olympics. She was 33 years old, and age at which most athletes have passed their best. We would, perhaps, never have seen her leaping over the hurdles again. But her coach, Stephen Francis, persuaded her to continue a little longer. In Berlin she won the 100M hurdles in fine style, a crowning moment for her and a well deserved gold medal.

Secondly, Danny McFarlane who, at 37 years, equaled Tim Berrett’s record for the most appearances, having competed in every World Championship since 1993. He has won five World Championship medals and one Olympic medal. He is certainly one of our most enduring athletic campaigners.

And how can we not single out the amazing performance of Usain Bolt who, having broken the world records in the 100M and 200M in Beijing, bettered both marks by 1/11th of a second and, today, holds two of the most prestigious world records in athletics and shares in a third ? Who dares challenge our assertion that he is one of the greatest athletes of all times ?

But he is more than that. His endearing personality, charisma and passion for his country make him a superb ambassador for Jamaica.

In recognition of and appreciation for this, I am pleased to announce:

(1) I have advised the Governor General to confer on Mr. Usain Bolt C.D., the Order of Jamaica for his outstanding achievements as a Jamaican at the highest level of international athletics. When so conferred, he will, at 23, years, be the youngest ever recipient of the Order of Jamaica and will be entitled to be referred to as the Honourable Usain Bolt.

(2) The Cabinet yesterday approved the appointment of Mr. Bolt as Ambassador‐at‐ Large and he will be accorded full diplomatic status.

(3) The Government has decided to rename Highway 2000 the Usain Bolt Highway in honour of this extraordinarily gifted son of Jamaica and international superstar. The Minister of Transport and Works will arrange an appropriate ceremony for this purpose.

The Government is determined to build on the achievements of our athletes and we are pursuing a strategy designed around two critical objectives:

(a) To provide the infrastructure and institutional support to enhance the performance of our athletes and to enable many more Jamaicans to become world class athletes;

(b) To fully exploit the multi‐faceted benefits that can be derived from our recognized status as a country of athletic prowess.

The Ministries of Youth, Culture and Sport, Industry, Commerce and Investment and Tourism and the related agencies are collaborating in the development and pursuit of this strategy and more details will be provided in due course.

Despite all the challenges that confront us at this time, our athletes have demonstrated that we are a great little country and a mighty, powerful people. We thank them for their example. We thank them for the inspiration they have provided us.

(Dr. Kenneth McNeill, M.P., Westmoreland, Western entered and took his seat).

(The Minister of Foreign Affairs and Foreign Trade, the Honourable Dr. Kenneth Baugh, entered and took his seat).

(The Minister of Energy and Mining, the Honourable James Robertson, entered and took his seat).

(The Minister of Water and Housing, the Honourable Dr. Horace Chang, entered and took his seat).

(Dr. Peter Phillips, M.P., St. Andrew, East Central, entered and took his seat).

(The Minister of Tourism, the Honourable Edmund Bartlett, entered and took his seat).

(The Minister of Finance and the Public Service, the Honourable Audley Shaw, entered and took his seat).

(The Minister of Youth, Culture and Sport, the Honourable Olivia Grange, entered and took her seat).

The Minister of Education, the Honourable Andrew Holness made the following statement regarding the 2009 GRADE 4 Literacy Test Results:

The Grade 4 Literacy Test is part of the National Assessment Programme (NAP) and was first administered in 1998. The assessment of literacy at Grade 4 is consistent with international practice of benchmarking literacy skills at that grade level. The Test consists of three sub‐tests of skills (Word Recognition, Reading Comprehension and Writing). The overall performance of the child is expressed as one of the following levels:

Mastery: the child has mastered the three skills and is considered literate. Almost Mastery: the child has mastered one or two of the three skills and is considered to being literate. Non Mastery: the child has not mastered any of the three skills and is considered non literate.

National Performance In 2009, for the first time, the Grade 4 Literacy Test was administered nationally. A total of 46,663 children from public and private schools sat the Test with some 70 percent achieving mastery; 21 percent achieving almost mastery and 9 percent non‐mastery. Of the 32,682 children who achieved mastery, 57 percent were females and 43 percent were males.

Performance of boys on the sub‐tests was far below that of the girls. While the difference on the level of mastery between the sexes on Word Recognition was 11 percentage points, there was a difference of about 20 percentage points for Reading Comprehension and Writing.

Table 1 National Performance on Sub‐tests by sex

Word Recognition Reading Comprehension Writing Percent Percent Percent Percent Non‐ Percent Mastery Percent Non‐ Mastery Non‐ Mastery Mastery Mastery Mastery

Female 94 6 87 13 87 13

Male 83 17 69 31 67 33

Performance of Public Schools The 792 public schools with a population of 41,662 children sitting the test had approximately 67 percent of the children attaining mastery; some 23 percent attaining almost mastery and 10 percent non‐mastery. While 18 percent (142 schools) performed in the highest quintile or 5th tier, only one percent (8 schools) had mastery levels in the lowest quintile or 1st tier. The majority of the schools performed in the 4th quintile.

Table 2

Performance of Schools in 20% Tiers Tier % of Student Mastery # of Schools 1st 0 % less than 20% 8 2nd 20% less than 40% 59 3rd 40% less than 60% 223 4th 60% less than 80% 356 5th 80% up to 100% 142

Performance by School Type There are currently three types of schools offering primary level education. These are Primary, Primary and Junior High and All Age Schools. The average rate of mastery for the Primary Schools is higher than that of the other school types, approximately nine percentage points above the All Age Schools.

Table 3

School Type Percentage Mastery Number of Schools All Age 61% 262 Primary 70% 438 Primary and Junior High 64% 87 Total 67% 787 NB **There are five schools that had no children sitting the test

Performance by Organization of Schools Schools at the primary level operate on whole day or the shift system. Of the 787 schools with children who sat the Test, 72 operate the shift system and 715, whole day. There was a slight 7 difference in performance of 1.6 percentage points, in favour of the whole day mode of operation. Schools which operate on whole day have an average rate of mastery of 67.7 percent and shift schools averaged 66.1 percent.

Performance by School Size Schools were divided into two categories: those with enrolment less than or equal to 100 (small schools) and those with enrolment greater than 100. A total of 174 schools were in the small schools category and 613 in the other category. There was a slight difference of 1.3 percentage points between the two categories with the small schools averaging 66.1 percent and the other schools 67.4 percent.

Correlating percent mastery with school size (enrolment) indicated a small positive relationship (0.146) which is significant at the 0.01 level. At the same time, the result of the correlation of percent mastery and pupil teacher ratio resulted in a 0.077 positive correlation. This was indicated as being significant at the 0.05 level. It would therefore suggest that larger schools/classes seem to perform better than smaller schools/classes or the size of the school does not necessarily impact performance negatively.

Performance by Teacher Qualification and Principals’ Years of Service Interestingly, the principals’ years of service and he percentage of trained teachers had no relationship with the rate of performance. This would indicate that other factors such as special training may have greater impact on children’s performance.

Performance on Sub‐tests of Skills Performance on the three sub‐tests of skills – Word Recognition, Reading Comprehension and Writing varies. Children performed best on Word Recognition, some 5313 children not mastering the area compared with 10,584 for Writing and 10,265 for Reading Comprehension. Some 614 schools (78 percent) had 70 percent and more of their children mastering Writing Skills, 630 schools (80 percent) had 70 percent and more of their children mastering Reading Comprehension and 755 schools (96 percent) had 70 percent and more of their children mastering Word Recognition. See Table 4 below for ranked performance of the schools on the sub‐tests.

Table 4 Decile Percent Writing Reading Word Ranking Range Comprehension Recognition Number of Schools 1 0‐10 1 3 1 2 11‐20 4 0 0 3 21‐30 5 5 0 4 31‐40 16 19 1 5 41‐50 52 54 11 6 51‐60 95 76 19 7 61‐70 153 191 54 8 71‐80 196 199 155 9 81‐90 166 149 274 10 91‐100 99 91 272

While most of the schools fell in 8th decile for Writing and Reading Comprehension, most schools fell in the 9th and 10th decile for Word Recognition. The information suggests that greater emphasis has to be placed on the Reading Comprehension and Writing Skills.

The Way Forward

Competence‐based Transition Policy A Competence‐based Transition Policy has been developed to guide the movement of children from the primary to the secondary level based on the grade 4 Literacy Test. All children at the Grade 4 level are required to sit the test as under this policy, no child will be allowed to sit the Grade Six Achievement Test (GSAT) without being certified as achieving mastery of the Grade 4 Literacy Test. The policy allows for children to be provided with several opportunities (at least four sittings) to be certified and if necessary, spending an additional year at the primary level.

Literacy Support to School The Government is aiming to achieve 100 percent literacy by 2015 and for this to happen, the level of performance nationally, will have to be increased by at least seven percent annually. In order to achieve this target, a number of strategies are being implemented to address the needs of schools. During the academic year 2008‐2009, special support of literacy specialists and 71 schools benefitted from the Expanding Education Horizon project which focused on improving literacy and numeracy.

For this academic year, schools with a high percentage of their children not achieving mastery will be supported by literacy specialists, the number of whom will be increased to 90. They will provide guidance and support for literacy development, including training of teachers in literacy strategies. Another project to be funded by the USAID will also target under‐performing schools in the areas of literacy and numeracy. Special strategies will be employed to improve the performance levels of the boys.

System of Accountability A model is also being developed to obtain the best possible results from each school. Individual targets will be determined with each school. In the first year, the necessary support will be given to the schools to effect improvement and a warning will be issued to the leadership of the schools if there is no improvement in the second year. By the third year, relevant action(s) will be taken to ensure that the best results are obtained.

Achieving the target of 100 percent literacy by 2015 will need the collaborative effort of all stakeholders including parents, schools and communities.

ANNOUNCEMENTS

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

Ministry Paper No. 85/09 Culture, Health, Arts, Sports and Education Fund Annual Report for the Financial Year Ended March 31, 2008 (Presented by the Ministry of Finance & the Public Service) Ministry Paper No. 86/09 Cocoa Industry Board Annual Report and Audited Financial Statements For the Year Ended September 30, 2007 (Presented by the Ministry of Agriculture and Fisheries)

Ministry Paper No. 87‐89/09 Agricultural Development Corporation (ADC GROUP) Annual Reports and Audited Financial Statements for the Year Ended March 31, 1997, March 31, 1998 and March 31, 1999 (Presented by the Ministry of Agriculture and Fisheries)

Ministry Paper No. 90/09 Planning Institute of Jamaica Annual Report and Audited Financial Statements for the Year Ended December 31, 2008 (Presented by the Office of the Prime Minister)

Ministry Paper No. 91/09 National Housing Trust Annual Report and Audited Financial Statements For Fiscal Year 2008/2009 (Presented by the Office of the Prime Minister )

Ministry Paper No. 92/09 Financial Services Commission Annual Report and Audited Financial Statements For the Year Ended March 31, 2008 (Presented by the Ministry of Finance & the Public Service)

Ministry Paper No. 93‐94/09 Fiscal Services Limited Annual Report and Audited Financial Statement For the Year Ended March 31, 2006/2007 and March 31, 2007/2008 (Presented by the Ministry of Finance & the Public Service)

Ministry Paper No. 95/09 Banana Board Annual Report for the year ended December 31, 2006 (Presented by the Ministry of Agriculture and Fisheries)

Ministry Paper No. 96/09 Pesticides Control Authority (PCA) Annual Report for the Financial Year 2007/2008 (Presented by the Ministry of Health)

Ministry Paper No. 97/09 The Coconut Industry Board Annual Report and Audited Financial Statements For the Year Ended December 31, 2007 (Presented by the Ministry of Agriculture)

Ministry Paper No. 98/09 Sugar Industry Authority Annual Report and Audited Financial Statements For the Year Ended October 31, 2007 (Presented by the Ministry of Agriculture)

Ministry Paper No. 99/09 Government Guarantee of an Eksport Kredit Fonden Supported Loan of US$121.65M to the Port Authority of Jamaica by HSBC PLC For the Financing of the Falmouth Cruise Ship Terminal (Presented by the Ministry of Finance and the Public Service)

Ministry Paper No. 100/09 Agricultural Credit Board Annual Report and Audited Financial Statements For the Year Ended March 31, 2008 (Presented by the Ministry of Agriculture)

Ministry Paper No. 101/09 PetroCaribe Development Fund Annual Report for the 14 Month Period Ended 31 March, 2007 and Year ended 31 March, 2008 (Presented by the Ministry of Finance and the Public Service)

The Caribbean Maritime Institute Annual Report and Financial Statements for 2007/2008 (Presented by the Ministry of Transport and Works)

The University Council of Jamaica Annual Report for the Years 2006/2007 and 2007/2008 (Presented by the Ministry of Education)

Jamaica Tourist Board Annual Report for the year April 2006 – March 2007 (Presented by the Ministry of Tourism)

Jamaica Urban Transit Company Limited Annual Report and Financial Statements for the Financial Year 2006/2007 (Presented by the Ministry of Transport and Works)

HEART Trust/NTA Annual Report for the Year 2007‐2008 (Presented by the Ministry of Education)

Jamaica Foundation for Lifelong Learning Annual Report for the years 2006‐2007 and 2007‐2008

National Council on Education Annual Report for the years 2003‐2004, 2004‐2005 and 2005‐2006

Nutrition Products Limited Annual Report for the year 2006‐2007 (Presented by the Ministry of Education)

Overseas Examination Commission Annual Report for the year September 1, 2007 – August 31, 2008 (Presented by the Ministry of Education)

The Capital Development Fund ‐ Bauxite (Production Levy) Act “Regularization of the Utilization by National Investment Bank of Jamaica’s Proceeds from the Sale of Caribbean Cement Company Limited Shares” (Presented by the Ministry of Finance & the Public Service)

Office of the Contractor‐General of Jamaica Report of Special Investigation Concerning the Allegation of the Award of Contracts to be performed in the North East St. Catherine Constituency by the National Works Agency (NWA) and Rural Agricultural Development Authority (RADA) July 2009 (Presented by the Office of the Contractor‐General of Jamaica)

Certified Appropriation Accounts Head Ministry/Department Financial Year

7200 Ministry of Local Government, 2005/2006 7200B Community Development and Sport 1500 Office of the Prime Minister 2007/2008 1500A Office of the Prime Minister 2007/2008 1600 Office of the Cabinet 2007/2008 2000 Finance and Planning 2007/2008 2000B Finance and Planning 2007/2008 2041 Taxpayer Audit and Assessment 2007/2008 2042 Taxpayers Appeals Department 2007/2008 2044 Tax Administration Services 2007/2008 2622 Police 2007/2008 2823 Court of Appeal 2007/2008 2828 Revenue Court 2007/2008 2831 Attorney General 2007/2008 7200A Ministry of Local Government & 2007/2008 Community Development (Presented by the Auditor General’s Department)

(Mrs. Natalie Neita‐Headley, M.P., St. Catherine, East Central entered and took her seat).

(Mr. George Hylton, M.P., St. Andrew, Western entered and took his seat).

PETITIONS

The Clerk to the Houses read the following Petitions:

1. Re:THE PENTECOSTAL ASSEMBLIES OF THE WORLD OF JAMAICA

To: The Honourable House of Representatives of Jamaica Gordon House Duke Street Kingston

THE HUMBLE PETITION of Suffragan Bishop George Marshall, Chairman; and Evangelist Maureen Marshall, General Secretary, SHOWETH THAT:‐

1. Your Petitioners desire to present to this Honourable House of Parliament a Private Bill entitled “An Act to Amend the Pentecostal Assemblies of the World of Jamaica (Incorporation and Vesting) Law”.

2. The object of this Bill is to allow the Pentecostal Assemblies of the World of Jamaica to function autonomously particularly with respect to holding and dealing in property.

3. A copy of the proposed Bill has been deposited with the Office of the Clerk of Parliament with the original of this Petition.

4. Notice of this Bill has been given by three (3) successive publications thereof in its entirety in the Jamaica Gazette dated the 18th and 25th of December, 2008 and the 1st of January, 2009; respectively, copies of which said Gazettes have been affixed to the original of this Petition deposited in the Office of the Clerk of this Parliament.

5. Your Petitioners have also published a Notice containing a Statement of the object and reasons for the Bill in the Daily Observer of November 20, 2008. A true copy of the tear sheet of the said Daily Observer has also been affixed to the original of this Petition.

6. Your Petitioners to the best of their knowledge, information and belief have complied with the Parliamentary requirements as set out in the Standing Order of this Honourable Honourable House of Representative (S.O. No. 85 ‐ Private Bills).

WHEREFORE in the premises YOUR PETITIONERS DO HEREBY PRAY for leave to introduce into this Honourable House the Bill referred to and mentioned in paragraph 1 above namely a Bill

14 entitled “An Act to Amend the Pentecostal Assemblies of the World of Jamaica (Incorporation and Vesting) Law” and that leave be given to them to proceed therein.

...... GEORGE MARSHALL Chairman ...... MAUREEN MARSHALL General Secretary

Dated the 2nd day of February, 2009

Leave to proceed granted.

2. Re: THE CHURCH OF HAILE SELASSIE I

To: The Honourable House of Representatives of Jamaica Gordon House Duke Street Kingston

THE HUMBLE PETITION of Ascento Foxe, Abuna (Overseer), Lael Foxe, Priest, Junior Anderson, Priest, Trevor Sharrahs, Assistant Priest, Winston Folkes, Senior Levite, George Cogheil, Senior Levite, Dilpi Champagnie, Levite and Treasurer, Patrick Morrison, Levite and Secretary.

1. That your Petitioners desire to present to this Honourable House of Parliament a Private Bill entitled “An Act for the Incorporation of the Church of Haile Selassie I and vesting of certain property in the Body so Incorporated”.

2. That the object of this Bill is to constitute the holders of certain offices in the Church known as the Church of Haile Selassie I perpetual succession and with power to hold and deal with property, and to sue and be sued in its corporate name.

3. That a copy of the proposed Bill has been deposited with the Office of the Clerk of this Parliament with the original of this Petition.

4. That Notice of this Bill has been given by three (3) successive publications thereof in its entirety in the Jamaica Gazette dated the 6th day of November, 2008, the 13th day of November, 2008, and on the 20th day of November, 2008,

respectively copies of which said Gazettes have been affixed to the original of this Petition deposited in the Office of the Clerk of this Parliament.

5. That your Petitioners have also published a Notice containing a Statement of the objects and reasons for the Bill in the “Daily Gleaner” on the 8th January, 2009. A true and correct copy of the said “Daily Gleaner” has also been affixed to the original of this Petition.

6. That your Petitioners to the best of their knowledge, information and belief have complied with the Parliamentary requirements as set out in the Standing Orders of this Honourable House of Representatives (S.O. No. 85 ‐ Private Bills).

WHEREFORE in the premises YOUR PETITIONERS DO HEREBY PRAY for leave to introduce into this Honourable House the Bill mentioned and referred to in paragraph 1 above, namely a Bill entitled “An Act for the Church of Haile Selassie I and the vesting of certain property in the Body so incorporated”, and that leave be given to them to proceed therein. Signed:

...... LAEL FOXE

...... ASCENTO FOXE

...... JUNIOR ANDERSON

...... TREVOR SHARRAS

...... WINSTON FOLKES

...... GEORGE COGHEIL

...... DILPI CHAMPAGNIE

...... PATRICK MORRISON

Dated the 17th day of August, 2009

Leave to proceed granted.

NOTICES OF MOTIONS GIVEN ORALLY

The Prime Minister, the Honourable Bruce Golding gave notice that at the next meeting of the House he would move to introduce and have read a first time a Bill entitled “AN ACT to Provide Criminal sanctions for the misuse of computer systems or data and the abuse of electronic means of completing transactions and to facilitate the investigation and prosecution of cybercrimes”.

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:

BE IT RESOLVED, with reference to Ministry Paper No. 99, dated September 1, 2009, which was laid on the Table of the House of Representatives on the 15th day of September, 2009, that this Honourable House approve the granting of a Government Guarantee of a loan of approximately US$121.65M under the provisions of the Approved Organizations and Authorities Loans (Government Guarantee) Act from HSBC Bank plc acting as Agents and supported by Eksport Kredit Fonden or EKF, the Export Credit Agency of the Danish Contractor, E Pihl & Sons who is to be contracted to undertake the construction of the Falmouth Cruise Ship Terminal on behalf of Royal Caribbean Cruise Lines (RCCL); and

BE IT FURTHER RESOLVED that this House approve the charge of a guarantee fee at a rate of 0.125% of the guaranteed amount in accordance with the provisions of Section 3(2) of the Approved Organizations and Authorities Loans (Government Guarantee) Act.

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.

The Reverend Ronald Thwaites, M.P., Kingston Central, gave notice that at the next meeting of the House he would move the following motions:

1. WHEREAS the livelihood of residents in Central Kingston is adversely affected by the polluted state of Kingston Harbour;

AND WHEREAS there is leeching of effluent into the Western Harbour from the Riverton Dump which affects marine life and ecology in the entire harbor;

BE IT RESOLVED, that the city dump be removed from Riverton and relocated where it will have no adverse environment impact on city dwellers.

2. BE IT RESOLVED, that the local Fish Farming Industry be encouraged so as to enhance local protein intake and reduce fish imports.

QUESTIONS AND ANSWERS TO QUESTIONS

1. The Reverend Ronald Thwaites gave notice that at the expiration of 21 days he would ask the Minister of Health and Environment the following question:

What is the Minister of Health and Environment doing to prevent further pollution of Kingston Harbour to the detriment of citizens of Central Kingston and other communities?

2. 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:

In the absence of a comprehensive Transport Policy and at a time when the JUTC is costing taxpayers island wide $3m per day, and when the nation cannot afford the almost US$3b in annual oil bill, what is the rationale for reducing the duties on motor vehicles especially the less fuel efficient varieties ?

3. The Reverend Ronald Thwaites gave notice that at the expiration of 21 days he would ask the Minister of Water and Housing the following question:

Whereas the people of Central Kingston are seriously affected by the disposal of effluent into Kingston Harbour, will the Minister state:

1. Which areas of the Corporate Area are yet to be tied to into the Soapberry Scheme?

2. Is it intended for the entire Corporate Area to be so integrated?

(Mr. Robert Pickersgill, M.P., St. Catherine, North Western entered and took his seat).

PUBLIC BUSINESS Sectoral Debate continued...

The Minister of Transport and Works, the Honourable Lester Henry, continued debate on the motion:

BE IT RESOLVED that this Honourable House of Representatives approve the plans and programmes being pursued by the Government in respect of Ministries which were not included in the debate on the Appropriation Bill and further approve the policy projections as announced for the Financial Year 2009/2010.

(Mr. Othneil Lawrence, M.P., St. Ann, North Western entered and took his seat).

(Mr. Clive Mullings, M.P., St. James, West Central entered and took his seat).

The Minister of Transport and Works, having spoken for 30 minutes, the Minister of Education and Leader of the House moved that the time limit of his speech be extended by 30 minutes.

Seconded by: Mr. Franklyn Witter. Agreed to.

Further debate on the substantive motion was by leave deferred.

The Prime Minister moved that the Senate Amendments to the Bill entitled “AN ACT to Repeal the Incest (Punishment) Act and certain provisions of the Offences Against the Person Act; to make new provision for the prosecution of rape and other sexual offences; to provide for the establishment of a Sex Offender Registry; and for connected matters” be approved.

AMENDMENTS

Clause 3(2)

Delete the words “deemed to exist” and substitute therefor the words “treated as existing”.

Clause 4

1. In subsection (1) –

(a) delete paragraphs (c) and (d) and renumber paragraphs (e) to (h) as paragraph (c) to (f);

(b) in paragraphs (e) and (f), as renumbered, insert the word “vulva,” after the word “vagina,” wherever it appears.

2. Delete subsection (3) and substitute therefor the following –

“ (3) The circumstances referred to in subsection (1) are that any of the acts specified in paragraphs (a) to (f) of that subsection is –

(a) carried out –

(i) without the consent of the victim; and (ii) knowing that the victim does not consent to the act or recklessly not caring whether the victim consents or not; or

(b) carried out upon a victim under the age of sixteen years.

3. In subsection (4) –

(a) delete the words “deemed to exist” and substitute therefor the words “treated as existing”;

(b) delete paragraph (c);

(c) insert the word “or” at the end of paragraph (a), and at the end of paragraph (b), delete the semi‐colon and the word “or” and substitute a full stop therefor.

Clause 5

In subsection (3)(b), insert immediately after the word “agreement” the words “in writing”.

Clause 6

1. Renumber subsections (2) and (3) as subsections (3) and (4) and insert the following as subsections (1) and (2) –

“(1) A person who –

(a) commits the offence of rape (whether against section 3 or 5) liable on conviction in a Circuit Court to imprisonment for life or such other term as the court considers appropriate, not being less than fifteen years;

(b) commits the offence of grievous sexual assault is liable –

(i) on summary conviction in a Resident Magistrate’s Court to imprisonment for a term not exceeding three years;

(ii) on conviction in a Circuit Court to imprisonment for life or such other term as the court considers appropriate not less than fifteen years;

(i) where at the time of the attempt he was armed with a dangerous or offensive weapon or instrument, to imprisonment for a term not exceeding ten years; and

(ii) in any other case, to imprisonment for a term not exceeding seven years;

(d) attempts to commit the offence of grievous sexual assault –

(i) where at the time of the attempt he was armed with a dangerous or offensive weapon or instrument, is liable on conviction in a Circuit Court to imprisonment for a term not exceeding ten years; and

(ii) in any other case, is liable –

(A) on summary conviction in a Resident Magistrate’s Court to imprisonment for a term not exceeding three years;

(B) on conviction in a Circuit Court to imprisonment for a term not exceeding seven years.

2. Where a person has been sentenced pursuant to subsection (1)(a) or (b)(ii), then in substitution for the provisions of section 6(1) to (4) of the Parole Act, the person’s eligibility for parole shall be determined in the following manner; the court shall specify a period of not less than ten years which that person shall serve, before becoming eligible for parole.”.

Heading to Part IV

Editorial: Insert immediately after the word “Children” the word “and”.

Clause 8

Delete and substitute therefor the following –

8. ‐ (1) In this section, “child” means a person under the age of sixteen years.

(2) An adult commits an offence where he or she, for a sexual purpose, does any act specified in subsection (3).

(3) The acts referred to in subsection (2) are –

(a) touching, directly or indirectly, with a part of his or her body or with an object, any part of the body of the child; or

(b) inviting, counselling or inciting a child to touch, directly or indirectly, with a part of the body or with an object, the body of –

(i) any person, including the body of the adult who so invites, counsels or incites; or

(ii) the child.

(4) For the purposes of this section an act is done for a

(5) Sexual purpose if a reasonable person would consider that –

(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual; or

(b) because of its nature and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

(6) A person who commits an offence under subsection (2) is liable on conviction in a Circuit Court, to imprisonment for a term not exceeding ten years.

(7) On the conviction of any person for an offence under subsection (2), then where the person so convicted has authority or guardianship over the child concerned, the Court may exercise its like powers as under section 7(7).”.

under the age of sixteen years; and

(i) intends to do anything to or in respect of the child, during or after the meeting, in any part of the world, which, if the act were done in Jamaica would amount to the commission by any person of a sexual offence under this Act; and

(iii) does not reasonably believe that the child is of or over the age of sixteen years.”.

Clause 10

Delete and substitute therefor the following –

10. ‐ (1) Subject to subsection (3), a person who has sexual intercourse with another person who is under the age of sixteen years commits an offence.

(2) Any person who attempts to have sexual intercourse with any person under the age of sixteen years commits an offence.

(3) It is a defence for a person of twenty‐three years of age or under who is charged for the first time with an offence under subsection (1) or (2), to show that he or she had reasonable cause to believe that the other person was of or over the age of sixteen years.

(4) Where the person charged with an offence under subsection (1) is an adult in authority, then, he or she is liable upon conviction in a Circuit Court to imprisonment for life, or such other term as the Court considers appropriate, not being less than fifteen years, and the Court may, where the person so convicted has authority or guardianship over the child concerned, exercise its like powers as under section 7(7).

(5) Where a person has been sentenced pursuant to subsection (4), then, in substitution for the provisions of section 6(1) to (4) of the Parole Act, the person’s eligibility for parole shall be determined in the following manner; the Court shall specify a period of not less than ten years which that person shall serve, before becoming eligible for parole.

(6) In this section “adult in authority” means an adult who –

(a) is in a position of trust or authority in relation to a child;

(b) is a person with whom a child is in a relationship of dependence; or (c) stands in loco parentis to a child.”.

Clause 11

Delete the words “permits or”.

Clause 13

Delete and substitute the following therefor –

13. Any person who carries out an act of indecent assault on another person commits an offence, and –

(a) on summary conviction in a Resident Magistrate’s Court is liable to imprisonment for a term not exceeding three years;

(b) on conviction in a Circuit Court is liable to imprisonment for a term not exceeding fifteen years.”.

Clause 18

In subsection (1)(a), insert immediately after the words “Sexual intercourse with” the words “or engage in an act of grievous sexual assault with”.

Clause 22

Delete the word “complainant” wherever it appears and substitute therefor in each case the word “victim”.

Clause 29

Delete subsection (4) and substitute therefor the following –

“ (4) The Minister may make regulations prescribing –

(a) the procedure for entry of information into the Register;

(b) the establishment and location of Sex Offender Registry Registration Centres.”.

Clause 30

1. In subsection (2), insert the word “or” at the end of paragraph (b).

2. In subsection (4) –

(a) insert the word “and” at the end of paragraph (a);

(b) delete from paragraph (b) the semi‐colon and the word “and”;

3. In subsection (3), delete the words “by order”.

4. In subsection (5), insert immediately after the words “ten years”, the words “after the date of the imposition of the registration and reporting requirements”.

Clause 36

Delete and substitute the following therefor –

36. A person who commits an offence specified in the first column of the Second Schedule shall be liable, on conviction in a Circuit Court, to the penalty specified in relation thereto in the second column of that Schedule.”.

Clause 37

Insert immediately after the word “rape” the words “or grievous sexual assault”.

Clause 38

In subsection (1), renumber paragraphs (b) to (e) as paragraphs (d) to (g) and insert the following as paragraphs (b) and (c) –

(a) the form and contents of the Register;

(b) the grant of access to the Register;”.

Insertion of new Clause 40

Renumber clauses 40 to 43, as clauses 41 to 44 and insert the following as clause 40 –

40. The enactments specified in the first column of the Third Schedule are amended in the manner respectively specified in the second column of that Schedule.”.

Second Schedule

In relation to paragraph 1 –

(a) delete from the First Column the words “or grievous sexual assault upon”;

(b) insert in the Second Column immediately under the words “Life Imprisonment” the words “(subject to section 10(4) in the case of an adult in authority)”.

Insertion of new Third Schedule

Insert next after the Second Schedule the following as the Third Schedule ‐

“ THIRD SCHEDULE (Section 40)

CONSEQUENTIAL AMENDMENTS TO OTHER ENACTMENTS

Delete paragraph 4 of the Second Schedule and substitute therefor the following –

“ (4) Any offence under –

(a) any of the following sections of the Offences Against the Person Act –

section 28 – abandoning or exposing child

section 69 – child stealing;

(b) any of the following offences under the Offences Against the Person Act, committed against a child –

section 39 – common assault

section 40 – aggravated assault on women or children

section 76 – unnatural crime

section 77 – attempt to commit unnatural crime

section 79 – outrages on decency;

section 8 – sexual touching section 9 – sexual grooming

section 10 – sexual intercourse with person under sixteen years of age

section 11 – householder inducing violation of child

section 15 – abduction of child under sixteen

section 20 – abduction of child for sexual intercourse;

(d) any of the following sections of the Sexual Offences Act, committed against a child –

section 3 – rape

section 4 – grievous sexual assault

section 5 – marital rape

section 13 – indecent assault

section 16 – violation of person suffering from mental disorder

section 18 – procuration

section 19 – procuring violation by threats or fraud

section 21 – unlawful detention in premises.

Delete paragraph (a) of section 3 and substitute the following therefor –

“(a) an offence under section 3, or section 4, or section 5 or section 10 or section 13 of the Sexual Offences Act, or under section 37 or section 39 or section 40 of the Larceny Act;”.

In subsection (2) of section 23 –

(a) delete paragraphs (a) and (b) and insert the following as paragraph (a) –

“ (a) offences against sections 3, 4, 5, 10, 13 and 18 of the Sexual Offences Act;”;

(b) renumber paragraph (c) as paragraph (b). In section 3(3), insert in paragraph (c), immediately after the words “Person Act” the words “, the Sexual Offences Act (other than an offence against section 28)”.

Delete from the First Schedule the entry in relation to the Offences Against the Person Act and substitute therefor the following in the respective columns indicated –

“ TITLE OF ACT ENACTMENT REFERRED TO

The Sexual Offences Act Sections 3, 4, 5, 7 to 11, 13, 15 to 21 and 23”.

In the Second Schedule –

(a) delete sub‐paragraphs (1) to (s) of paragraph 6;

(b) renumber paragraph 7 as paragraph 8 and insert next after paragraph 6 the following as paragraph 7 –

“7. Any offence against the following sections of the Sexual Offences Act –

(a) section 3 – (rape);

(b) section 4 (grievous sexual assault);

(d) section 10 (sexual intercourse with person under sixteen)

(e) section 15 (abduction of child under sixteen)

(f) section 16 (violation of person suffering mental disorder)

(g) section 17 (forcible abduction)

(h) section 20 (abduction of child with intent for sexual intercourse)

(i) section 21 (unlawful detention in premises for sexual intercourse)”.

In the First Schedule –

(a) delete from paragraph 3 the word and numerals “, 44, 55 to 57”; and

(b) renumber paragraphs 5 and 6 as paragraphs 6 and 7 and insert next after paragraph 4 the following as paragraph 5 –

“5. Offences against sections 3, 4, 5, 15 and 17 of the Sexual Offences Act.”;

(c) delete from paragraph 7, as renumbered, the words “paragraphs (1) to (6)” and substitute therefor the words “paragraphs 1 to 7”.

Delete paragraphs 14 and 15 of the Schedule and of substitute therefor the following –

“14. An offence contrary to section 69 (child stealing) of the Offences Against the Person Act.

15. An offence contrary to section 8 (sexual touching, interference), 9 (sexual grooming of child), 10 (sexual intercourse with, grievous sexual assault upon person under sixteen), 15 (abduction of child under sixteen), 17 (forcible abduction), 18 (procuration), 19 (procuring violation of person by threats or fraud, or administering drugs), 20 (abduction of person under eighteen with intent to have sexual intercourse), 21 (unlawful detention with intent to have sexual intercourse) of the Sexual Offences Act.

16. Aiding, abetting or conspiring to commit any of the offences mentioned in paragraphs 1 to 15.”.

In section 268(1) –

(a) delete from paragraph (a) the words “37, 38 and 53” and substitute the words “37 and 38”;

(b) renumber paragraph (h) as paragraph (i) and insert next after paragraph (g) the following as paragraph (h) –

“(h) any offence under section 10(2) or 13 of the Sexual Offences Act;”.

In section 3, delete paragraph (d) of subsection (4) and substitute therefor the following –

“(d) is a person against whom an order has been made under section 12 of the Sexual Offences Act (which relates to the encouragement of seduction or prostitution of a girl or boy under the age of sixteen years) divesting that

person of authority over the patient and the order has not been rescinded.”.

In section 6(5)(b) –

(a) delete the word “or” and substitute a comma therefor;

(b) insert immediately after the words “Person Act” the words “or sections 6(1)(a) or 10(4)(a) of the Sexual Offences Act”.

In Part 1 of the Third Schedule –

(a) delete from paragraph (h) the words “44‐48 (inclusive), 50‐51 (inclusive), 53, 56‐59 (inclusive), 60‐66 (inclusive),”;

(b) insert next after paragraph h the following as paragraph (i) –

“(i) the following provisions of the Sexual Offences Act, namely, sections 3, 4, 5, 7‐11 (inclusive), 13, 15‐21 (inclusive) and section 23”.

In the Second Schedule –

(a) delete paragraph 3(1) and substitute therefor the following –

“(1) An offence under section 69 or 70 (child stealing, kidnapping) of the Offences Against the Person Act”.

(b) renumber paragraph 9 as paragraph 10 and insert next after paragraph 8 the following as paragraph 9 –

“9. An offence under any of the following provisions of the Sexual Offences Act –

section 15 – Abduction of child under sixteen

section 17 – Forcible abduction

section 18 – Procuration

section 19 – Procuring violation of person by threats or fraud or administering drugs

section 20 – Abduction of child with intent to have sexual intercourse, etc.

section 21 – Unlawful detention with intent to have sexual intercourse, etc.

section 23 – Living on earnings of prostitution”;

(c) in paragraph 10 as renumbered, delete the word and numerals “1 to 8” and substitute therefor the word and numerals “1 to 9”.

In section 11 delete paragraph (d) and substitute therefor the following –

“(d) is a person against whom was committed any of the offences set out in –

(i) section 76 of the Offences Against the Persons Act (which relates to buggery); or

(ii) sections 3, 4, 5, 8, 9, 10, 13, 15 and 17 of the Sexual Offences Act (which relate to rape, grievous sexual assault, sexual touching, sexual grooming, sexual intercourse with person under sixteen, indecent assault and abduction).”.

Seconded by: Mr. Desmond Mair. Agreed to.

The Prime Minister moved that a Bill entitled “AN ACT to Prohibit the production, distribution, importation, exportation or possession of child pornography and to provide for connected matters” be now read a second time.

Clerk read Bill a second time.

The House resolved itself into a committee of the whole House to consider the Bill clause by clause.

After much deliberation the Speaker sought leave to report progress and for the House to sit again.

The House resumed.

The Speaker reported progress and asked that further debate on the Bill be deferred.

Agreed to.

Further debate on the substantive motion was by leave deferred. ADJOURNMENT

At 6:39p.m. the Minister of Education and Leader of the House moved that the House do now adjourn to Wednesday September 16, 2009 at 2:00 p.m.

Seconded by Mr. Gregory Mair.

On the motion for the adjournment, the Prime Minister, the Honourable Bruce Golding, Miss Lisa Hanna, M.P., St. Ann, South Eastern, and the Minister of Youth, Culture and Sport, the Honourable Olivia Grange, spoke briefly on the death of Jamaican Playwright, Mr. Trevor Rhone.

Agreed to.

At 6:46 p.m. on the motion for the adjournment being put, same was agreed to.

The House adjourned accordingly.

Delroy Chuck Speaker of the House