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

29th DAY OF JUNE, 2010

The House met at 2:20 p.m.

PRAYERS Prayer was offered by Mrs. Sharon Hay-Webster.

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. Orette Bruce Golding, M.P., Prime Minister & Minister of Defence

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

Hon. Audley Fitz Albert Shaw, M.P., Minister of Finance & the Public Service

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

Hon. Rudyard Conrad Spencer, M.P., OD, Minister of Health

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

Dr. the Hon. Christopher Charles Tufton, M.P., Minister of Agriculture and Fisheries

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

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

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

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

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

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

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

Mrs. Maxine Antoinette Henry-Wilson, M.P., St. Andrew, South Eastern

Mr. Joseph Uriah Hibbert, M.P., St. Andrew, East Rural

Mr. Derrick Flavius Kellier, M.P. CD, St. James, Southern

Mr. Phillip Feanny Paulwell, M.P., Kingston Eastern & Port Royal

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

Mr. Robert Dixon Pickersgill, M.P., St. Catherine, North Western

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

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

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

ANNOUNCEMENTS

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

Ministry Paper No. 57/01 Cabinet Agenda Issues for June 14, 2010 (Cabinet Offices)

Ministry Paper No. 58/01 Coffee Industry Board (CIB) Annual Report and Audited Financial Statements For the years ended July 31, 2005 to July 31, 2007 (Ministry of Agriculture & Fisheries)

Police (Civilian Oversight) Authority Annual Report for the periods September 1, 2006 to March 31, 2007 and April 1, 2007 to March 31, 2008 (Ministry of National Security)

Report of the Ethics Committee of the House of Representatives (Houses of Parliament)

The Emergency Powers (No.2) Regulations, 2010 under The Emergency Powers Act (Governor General – King’s House)

Ministerial Report on the Recovery of the Agricultural Sector 2008-2010 (Ministry of Agriculture & Fisheries)

Performance Highlights 2009-2010 (Ministry of Agriculture & Fisheries)

Contribution of Agriculture to Sustainable Development in Jamaica (Ministry of Agriculture & Fisheries)

ACP-EU Joint Parliamentary Assembly Conclusions on the Caribbean Regional Strategy Paper (RSP) And Regional Indicative Programme (RIP) under the 10th Economic Development Fund

General Legal Council Annual Reports and Audited Financial Statements For the periods April 1, 2005 – March 31, 2006 April 1, 2006 – March 31, 2007 April 1, 2007 – March 31, 2008

Certified Appropriation Accounts

Head Ministry/Department Financial Year 2832 Trustee in Bankruptcy 2007/2008 & 2008/2009 2800 Ministry of Justice 2006/2007 2600 Ministry of National Security 2007/2008 (Auditor General’s Dept.)

(Mr. Franklyn Witter, M.P., St. Elizabeth, South Eastern entered and took his seat).

(Mr. Fitz Jackson, M.P., St. Catherine, Southern entered and took his seat).

REPORTS FROM COMMITTEES

Mr. Joseph Hibbert, M.P., St. Andrew, West Rural, laid on the table of the House a copy of the Report of the Ethics Committee of the House of Representatives:

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

BE IT RESOLVED that this Honourable House appoint an Ethics Committee comprising the following Members:

Hon. Delroy Chuck - Chairman Hon. Derrick Smith Hon. Joseph Hibbert Hon. Robert Montague Mr. Ernest Smith Dr. Peter Phillips Mr. Fitz Jackson Mrs. Sharon Hay-Webster Dr. Morais Guy with the following Terms of Reference: 1. To receive, cause to be investigated and report on any complaints of departures by Members from the Political Code of Conduct.

2. To require a Member to make full disclosure of any interest which he may have which is likely to cause a conflict of interest.

3. To receive, cause to be investigated and report on any complaints of departures by Members in relation to allegations involving conflicts of interest.

4. To examine requests made by any Member to exempt him, by resolution of the House, from vacating his seat as a member of the House if he becomes a party to any contract or has an interest in any firm or company which is a party to any contract with the Government of Jamaica for or on account of the public service, in keeping with section 41 of the Constitution.

5. To receive, cause to be investigated and report on any allegations of impropriety in respect of funds allocated to Members for constituency purposes.

6. To monitor reports emanating from the Integrity Commission in respect of non- compliance of Members with the provisions of the Parliament (Integrity of Members) Act. 7. To receive and investigate any report of civil or criminal proceedings being instituted against any Member and to make appropriate recommendations to the Speaker of the House.

8. To determine the procedures for the operation of the Committee and the extent of its powers, with a view to its becoming a Sessional Select Committee, and to make recommendations for amendments to the Standing Orders to reflect this.

On the 31st of March, 2009, the Minister of Education and Leader of the House, having obtained suspension of the Standing Orders, moved a motion thereby enabling the Committee to complete the deliberations on the matters that were under consideration prior to the prorogation of Parliament. A similar motion was moved by the Minister of Education and Leader of the House on March 17, 2010.

On the 8th day of June 2010, the Minister of Education and Leader of the House moved the following motion:

WHEREAS subsection (1) (g) (i) of section 41 of the Constitution of Jamaica requires a Member of this Honourable House of Representatives to vacate his seat if any firm in which he is a partner, or any company, of which he is a director or manager, becomes a party to any contract with the Government of Jamaica for or on account of the public service or if he becomes partner in a firm, or a director or manager of a company which is party to such contract;

AND WHEREAS the Member of Parliament for Manchester, Central is a director of Proven Management Limited which may from time to time deal in securities issued or guaranteed by, or provide financial services pursuant to contracts with, the Government of Jamaica and other public sector entities;

AND WHEREAS the Member has disclosed the nature of such contracts and interests of the company of which he is director:

BE IT RESOLVED that this motion be referred to the Ethics Committee for consideration and report.

2.0. FINDINGS AND RECOMMENDATIONS 2.1 Motion for Exemption During the deliberations, the view was expressed that the Committee should not just grant blanket exemptions. It was proposed that a Member who was seeking exemption should provide the Committee with information on the company in which he was involved and the nature of the business being carried out by that company so that the Members would be in a position to make an informed decision.

A recommendation was made that the article of incorporation for a company, which would become a party to a Government contract, should be submitted to the Committee and that information on the possible contracts that the company would enter into with the Government should also be provided.

It was brought to the attention of the Members that usually when a motion of exemption was referred to the Committee, the company in which a Member was involved would not have

already entered into any contract with the Government but a motion was moved in anticipation that the company might become a party to a Government contract. It was also highlighted that unless the Committee recommend that approval be granted for a motion of exemption, a Member upon becoming a party to a Government contract would be in breach of section 41 (1)(g)(i) of the Constitution.

It is the view of your Committee that individuals who had been granted exemption in the past should submit a report to the Committee informing them of any Government contracts into which they had entered and the nature of such contracts. The Committee agreed that the deadline for submitting those reports would be December 31 each year. The Committee has also decided that those reports would be examined in the first three months of the year.

Your Committee recommends that exemption be granted to Mr. Bunting, who will be advised of the reporting requirement.

3.0. SUMMARY OF RECOMMENDATIONS Your Committee recommends that the motion for exemption brought on behalf of Mr. Peter Bunting be approved. However, it must be indicated to him and all other Members who had already been granted exemption that they must submit a report to the Committee, which should provide information on any contract that they have entered into with the Government.

4.0. ACKNOWLEDGEMENT The Committee wishes to thank the Clerk to the Houses and staff for their administrative support. APPENDIX 1 ATTENDANCE (1 Meeting) Present Absent Apology Hon. Delroy Chuck 1 Mr. Derrick Smith 1 1 Hon. Joseph Hibbert 1 Hon. Robert Montague 1 Mr. Ernest Smith 1 Dr. Peter Phillips 1 1 Mr. Fitz Jackson 1 Mrs. Sharon Hay Webster 1 Dr. Morais Guy 1

NOTICES OF MOTIONS GIVEN ORALLY

The Prime Minister, the Honourable Orette Bruce Golding, gave notice that at the next meeting of the House he would move:

THE EMERGENCY POWERS ACT

The Emergency Powers (No. 2) Regulations, 2010 Resolution

WHEREAS, under the provisions of subsection (1) of section 3 of the Emergency Powers Act, it is lawful for the Governor-General, during a state of public emergency, by order, to make Regulations for securing the essentials of life to the community;

AND WHEREAS, by virtue of paragraph (b) of subsection (4) of section 26 of the Constitution of Jamaica, the Governor-General may make a Proclamation declaring that a state of public emergency exists;

AND WHEREAS the Governor-General was satisfied that, action had been taken or was immediately threatened by a person or body of persons therein of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life;

AND WHEREAS the Governor-General was satisfied that a state of public emergency existed in the community, or any substantial portion of the community, as a result of the aforementioned circumstances;

AND WHEREAS, in exercise of the aforementioned powers, the Governor-General by Proclamation on the 23rd day of May, 2010, declared that a State of Public Emergency exists in Jamaica in substantial portions of the community specified in the Schedule to the said Proclamation and further declared that the said Proclamation shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding twelve months, as the House of Representatives may determine by resolution supported by the votes of a majority of all the members of the House;

AND WHEREAS, pursuant to subsection (6) of section 26 of the Constitution of Jamaica, a Proclamation made by the Governor-General for the purposes of and in accordance with section 26 shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding twelve months, as the House of Representatives may determine by a resolution supported by the votes of a majority of all the members of the House;

AND WHEREAS the House of Representatives, by resolution, on the 22nd day of June, 2010, determined that the State of Emergency, so declared, should remain in force for one month, until the 22nd day of July, 2010;

AND WHEREAS in exercise of the powers conferred by paragraph (b) of subsection (4) of section 26 of the Constitution of Jamaica, the Governor-General by Proclamation on the 22nd day

8 of June, 2010 and taking effect on the 23rd day of June, 2010, declared that a State of Public Emergency exists in the parish of St. Catherine and further declared that the said Proclamation shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding twelve months, as the House of Representatives may determine by resolution supported by the votes of a majority of all the members of the House;

AND WHEREAS the Governor-General by order, in exercise of the powers conferred upon him by subsection (1) of section 3 of the Emergency Powers Act, made the Emergency Powers (No. 2) Regulations, 2010 for securing the essentials of life to the community during the State of Emergency;

AND WHEREAS the Emergency Powers (No. 2) Regulations, 2010 were respectively laid in the Senate on the 25th day of June, 2010 and in the House of Representatives on the 29th day of June, 2010;

AND WHEREAS it is desirable for the Emergency Powers (No. 2) Regulations, 2010 to continue in force after the expiration of seven days from the time of the later laying, being that before the House of Representatives and until the expiration of the State of Emergency:

NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, as follows

1. This Resolution may be cited as the Emergency Powers (No. 2) Regulations, 2010 Resolution.

2. The Emergency Powers (No. 2) Regulations, 2010, which were laid on the Table of this Honourable House on the 29th day of June, 2010 are hereby continued in force until the 22nd day of July, 2010.

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.

Mrs. Sharon Hay-Webster, M.P., St. Catherine, South Central, gave notice that at the next meeting of the House she would move:

WHEREAS the crime rate in Jamaica is acknowledged to be at an unacceptably high level;

AND WHEREAS there is an average murder rate of some 30 persons per week resulting in a high of 1500 murders per year in some years, since 2005;

AND WHEREAS there have been some 35 reports on crime published since 1975;

AND WHEREAS one such report, the Special Task Force on Crime, has stated that Jamaica has a “culture of crime and violence”;

AND WHEREAS the following factors are acknowledged from these reports as possible causes of crime - intergenerational poverty and social inequality, high unemployment, rural urban drift;

AND WHEREAS social research, both locally and internationally, has indicated that harsh crime fighting sanctions and harsh legislation do not reduce the incidence of crime;

AND WHEREAS the police high command, the Army and several civic organizations, locally and in the diaspora, have called for the formulation and implementation of a national plan of action to address the problem of crime from the perspective of social interventions;

AND WHEREAS there has been an expressed and acknowledged reality by both parliamentarians and civil society, that an advanced and extended State of Emergency can only yield temporary results, albeit very necessary temporary relief:

BE IT RESOLVED that the Government call a special sitting of the House to engage in a comprehensive debate on all relevant crime fighting measures and in particular social intervention measures, before the end of the current state of emergency:

BE IT FURTHER RESOLVED that at this special sitting, the Government gives a full outline of its plans and proposals to foster social change and community development;

AND BE IT FURTHER RESOLVED that all Members of Parliament be facilitated in this debate so that each constituency can, through its Member of Parliament, make suggestions for social change and propose time frames for their implementation, so that future generations can note that their representatives played a meaningful role in devising a composite, long-term action plan for lifting the country out of its present "culture of crime and violence."

Mr. Joseph Hibbert gave notice that at the next meeting of the House he would move:

BE IT RESOLVED that the Report of the Ethics Committee of the House of Representatives which was laid on the Table of the House on the 29th day of June, 2010, be adopted.

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.

(Mr. Noel Arscott, M.P., Clarendon, South Western entered and took his seat).

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

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

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

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

(Dr. Donald Duncan, M.P., Hanover, Eastern entered and took his seat).

PUBLIC BUSINESS

The Minister of Finance and the Public Service, the Honourable Audley Shaw, moved:

BE IT RESOLVED that with reference to Ministry Paper No. 29 dated February 2010, which was laid on the Table of the House on Thursday March 25, 2010, this Honourable House of Representatives approve the granting of a Government Guarantee under the provisions of the Approved Organisations and Authorities Loans (Government Guarantee) Act, in respect of a loan in the amount of One Hundred and Fifty Million Jamaican Dollars (J$150,000,000) from the Development Bank of Jamaica Limited (DBJ) to the Jamaica Business Development Centre (JBDC) for on-lending to the micro and small enterprise sector.

Seconded by: Mr. Tarn Peralto. Agreed to.

(Dr. St. Aubyn Bartlett, M.P., St. Andrew, Eastern entered and took his seat).

(Mr. Gregory Mair, M.P., St. Catherine, North Eastern entered and took his seat).

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

(The Minister of Transport and Works, the Honourable Lester Henry, entered and took his seat).

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

(Mr. Derrick Smith, M.P., St. Andrew, North Western entered and took his seat).

The Minister of Finance and the Public Service moved that a Bill entitled “AN ACT to Provide for the sharing of credit information between specified bodies, the licensing of credit bureaus and for connected matters” be now read a second time.

Seconded by: Mr. Franklyn Witter. Agreed to.

Clerk read Bill a second time.

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

The question that the Chairman do report progress on the Bill was agreed to. The House resumed.

The Speaker reported progress on the Bill.

The House to continue in committee of the whole House, clause by clause deliberations on the Bill.

(The Minister of Industry, Commerce and Investment, the Honourable Karl Samuda, entered and took his seat).

The Minister of Finance and the Public Service moved:

BE IT RESOLVED, with reference to Ministry Paper No. 56/10 dated June 15, 2010, which was laid on the Table of the House of Representatives on Tuesday, June 22, 2010, that this Honourable House of Representatives approve the granting of a Government Guarantee to the Road Maintenance Fund under the provisions of the Approved Organizations and Authorities Loans (Government Guarantee) Act for a loan amounting to US$340.0 million by the China Export Import Bank to facilitate the rehabilitation and maintenance of roads and infrastructure upgrade to certain roads and drainages.

Seconded by: Dr. St. Aubyn Bartlett. Agreed to.

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

(Dr. Donald Rhodd, M.P., Portland, Eastern entered and took his seat).

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

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

SECTORAL DEBATE

The Minister of Agriculture and Fisheries, Dr. the Honourable Christopher Tufton continued debate on the motion:

BE IT RESOLVED that this Honourable House of Representatives approve the plans and programmes being pursued in the areas of production, commerce and infrastructure and further approve the policy projections as announced for the Financial Year 2010/2011.

The Minister of Agriculture and Fisheries, 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. Ernest Smith. Agreed to.

The extension of the time limit granted to the Minister of Agriculture and Fisheries having expired, the Minister of Education and Leader of the House moved for the suspension of the Standing Orders to enable him to continue his speech to its conclusion, notwithstanding the time limit on speeches.

Seconded by: Mr. Joseph Hibbert. Agreed to.

Further debate on the substantive motion was by leave deferred.

Mr. Joseph Hibbert, having obtained suspension of the Standing Orders, moved:

BE IT RESOLVED that the Report of the Ethics Committee of the House of Representatives which was laid on the Table of the House on the 29th day of June, 2010, be adopted.

Seconded by: Mrs. Marisa Dalrymple Philibert Agreed to.

The Prime Minister, having obtained suspension of the Standing Orders moved:

THE EMERGENCY POWERS ACT

The Emergency Powers (No. 2) Regulations, 2010 Resolution

AND WHEREAS, by virtue of paragraph (b) of subsection (4) of section 26 of the Constitution of Jamaica, the Governor-General may make a Proclamation declaring that a state of public emergency exists;

AND WHEREAS the Governor-General was satisfied that a state of public emergency existed in the community, or any substantial portion of the community, as a result of the aforementioned circumstances;

AND WHEREAS in exercise of the powers conferred by paragraph (b) of subsection (4) of section 26 of the Constitution of Jamaica, the Governor-General by Proclamation on the 22nd day of June, 2010 and taking effect on the 23rd day of June, 2010, declared that a State of Public Emergency exists in the parish of St. Catherine and further declared that the said Proclamation shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding twelve months, as the House of Representatives may determine by resolution supported by the votes of a majority of all the members of the House;

AND WHEREAS the Emergency Powers (No. 2) Regulations, 2010 were respectively laid in the Senate on the 25th day of June, 2010 and in the House of Representatives on the 29th day of June, 2010;

NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, as follows

3. This Resolution may be cited as the Emergency Powers (No. 2) Regulations, 2010 Resolution.

4. The Emergency Powers (No. 2) Regulations, 2010, which were laid on the Table of this Honourable House on the 29th day of June, 2010 are hereby continued in force until the 22nd day of July, 2010.

Seconded by: Mr. Franklyn Witter. Agreed to.

Mr. George Hylton continued debate on the motion that the Bill entitled “AN ACT to Amend the Jury Act”, be now read a second time.

Seconded by: Mr. Tarn Peralto. Agreed to.

Clerk read Bill a second time.

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

Clauses 1-3 agreed to.

Title and Enacting clause agreed to.

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

The House resumed.

The Bill having been reported to the House without amendment, the Prime Minister moved that the Bill be now read a third time and passed.

Seconded by: Mr. Joseph Hibbert. Agreed to.

Clerk read Bill a third time.

Bill passed without amendment.

ADJOURNMENT

At 6:46 p.m., The Minister of Education and Leader of the House moved that the House do now adjourn to Tuesday, July 13, 2010 at 2:00 p.m.

Seconded by: Mr. Franklyn Witter. Agreed to.

The House adjourned accordingly.

------Delroy Chuck, M.P. Speaker