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 1 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 2 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) 3 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: 4 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. 5 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 6 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.