Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694258820670.pdf (Jamaica)
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 21ST DAY OF DECEMBER, 2010.

The House met at 2:37 p.m. o’clock.

Prayers were offered by Reverend Ronald Thwaites.

Call of the Roll.
PRESENT WERE: The Honourable Delroy Hawmin Chuck, Speaker Mrs. Marisa Colleen Dalrymple-Philibert, MP, Deputy Speaker The Honourable Andrew Michael Holness, MP, Minister of Education & Leader of the House The Honourable Dr. Kenneth Leigh O’Neill Baugh, MP, Deputy Prime Minister & Minister of Foreign Affairs and Foreign Trade The Honourable Pearnel Patroe Charles, C.D., MP, Minister of Labour and Social Security The Honourable Dr. Horace Anthony Chang, MP, Minister of Water and Housing The Honourable Lester Michael Henry, C.D., MP, Minister of Transport and Works The Honourable Neville Andrew Gallimore, MP, Minister of State in the Ministry of Labour and Social Security & Deputy Leader Dr. the Honourable Christopher Charles Tufton, MP, Minister of Agriculture and Fisheries The Honourable Daryl Wesley Phillip Vaz, MP, Minister without Portfolio in the Office of the Prime Minister, with responsibility for Information and Communication The Honourable Clifford Everald Errol Warmington, MP, Minister of State in the Ministry of Water and Housing Mr. Noel George Delano Arscott, MP, Clarendon, South Western Dr. St. Aubyn Bartlett, MP, St. Andrew, Eastern Mr. Luther Bartley Monteith Buchanan, MP, Westmoreland, Eastern Mr. Roger Harold Clifford Clarke, MP, Westmoreland, Central Dr. Omar Lloyd Davies, MP, St. Andrew, Southern Mr. Colin Alfred Alexander Fagan, MP, St. Catherine, South Eastern Dr. Morais Valentine Guy, MP, St. Mary, Central Ms. Lisa Rene Shanti Hanna, MP, St. Ann, South Eastern Mr. Ian Dave Hayles, MP,
 Hanover, Western Mr. Joseph Uriah Hibbert, MP, St. Andrew, East Rural Mr. Derrick Flavius Kellier, C.D., MP, St. James, Southern, Leader of Opposition Business Mr. Desmond Gregory Mair, MP, St. Catherine, North Eastern Mr. Clive Arthur Mullings, MP, St. James, West Central Mr. Phillip Feanny Paulwell, MP, Kingston Eastern & Port Royal Mr. Tarn Andrew Peralto, MP, St. Mary, South Eastern Mr. Robert Dixon Pickersgill, MP, St. Catherine, North Western The Most Honourable Portia Lucretia Simpson Miller, O.N., MP, St. Andrew, South Western, Leader of the Opposition Reverend Ronald George Thwaites, MP, Kingston, Central 2 The Minister of Education and Leader of the House, the Honourable Andrew Holness spoke on the passing of former Member of Parliament and Minister of State in the Ministries of National Security and Foreign Affairs & Foreign Trade, Mr. Benjamin Clare, who died on Friday, December 17, 2010 and former Member of Parliament and Parliamentary Secretary in the Ministry of Environment and Housing, Colonel Leslie Lloyd who died on Tuesday, December 21, 2010.
(The Minister of State in the Ministry of Industry, Commerce and Investment, the Honourable Michael Stern, entered and took his seat).

(The Prime Minister, the Honourable Orette Bruce Golding, 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).

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

(The Minister of Health, the Honourable Rudyard Spencer, entered and took his seat).

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

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

(Dr. Fenton Ferguson, M.P., St. Thomas, Eastern, entered and took his seat).
(Mr. Franklin Witter, M.P., St. Elizabeth, South Eastern, entered and took his seat).

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

(Dr. Donald K. Duncan, M.P., Hanover, 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 State in the Office of the Prime Minister, the Honourable Robert Montague, entered and took his seat).
(Mr. Peter Bunting, M.P., Manchester, Central, entered and took his seat).

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

Messrs. Derrick Kellier, Ian Hayles, Noel Arscott, Clive Mullings and Dr. D. K. Duncan paid tribute to Mr. Benjamin Clare.
The Prime Minister, the Honourable Orette Bruce Golding, the Leader of the Opposition, the Most Honourable Portia Simpson Miller and Messrs. Robert Pickersgill, Edmund Bartlett and George Anthony Hylton paid tribute to both deceased, while Reverend Ronald Thwaites paid tribute to Colonel Leslie Lloyd.

The House observed one minute of silence in memory of the deceased.

The Clerk laid on the Table of the House a copy of the following: ANNOUNCEMENTS Ministry Paper No.
101/10 entitled Revised Measures for the financial year 2010-1011 (Ministry of Finance & the Public Service) Green Paper No.
2/10 entitled Establishment of an Environment Regulatory Authority (Office of the Cabinet - Public Sector Modernization Division) National Advisory Council (NAC) on Local Government Reform Re: Special Assignment to Review/Evaluate Implementation Status of Recommendations of the NAC (Office of the Prime Minister – Local Government) Report of the Joint Select Committee to consider and report on the Report on the Review of Jamaica’s Defamation Law (Houses of Parliament) Development Bank of Jamaica (DBJ) Limited Annual Report and Audited Financial Statements For the financial year 2009/2010 (Office of the Prime Minister) 4 Real Estate Board (REB) Annual Report and Audited Financial Statements For the financial year 2009/2010 (Office of the Prime Minister) BILLS BROUGHT FROM THE HONOURABLE 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 17th day of December, 2010 a Bill entitled “AN ACT to Amend the Urban Renewal (Tax Relief) Act” and a Bill entitled “AN ACT to Make provisions for the establishment and operation of the National Library of Jamaica and to provide for connected matters” were passed in the Senate with one and seven amendments respectively, for which the Honourable Senate desires the concurrence of this Honourable House: Amendments to “AN ACT to Amend the Urban Renewal (Tax Relief) Act” 1.
CLAUSE AMENDMENT New clause 2 Renumber clauses 2-4 as clause 3-5 and insert the following as the new clause 2 – “Amendment 2.

Section 2 of the of section 2 principal Act is of the amended by inserting principal Act.
next after the definition of “capital expenditure” the following -“Commissioner” means the Commissioner of Taxpayer Audit and Assessment.” 5 New Clause 4 As renumbered In the proposed section 14A(1) delete the words “a property owned” and “income tax liability” and substitute therefor the words “improved property” and “gross income”, respectively.
New Clause 5 as renumbered Delete the proposed section 17A and substitute therefor the following – Exemption 17A.- (1) Subject to from transfer subsection (3), tax and during the incentive stamp duty period, no transfer on acquisition tax or stamp duty of land.

shall be payable on the transfer of land in a special development area, where the condition specified in subsection (2) is satisfied.
(2) The condition is, that the parties to the agreement for the transfer of the land have demonstrated to the Commissioner that the purpose of the transfer is to facilitate the carrying out of improvement works on the land, before the expiration of a period of three years after the date of transfer, or such longer period as the Minister may, by order, specify.
6 (3) Where the improvement works are not carried out before the expiration of the period specified in subsection (2), then the transferee, or such other person who is the registered proprietor of the land at the expiration of the period, shall be liable to pay to the Commissioner an amount equivalent to the transfer tax and stamp duty that, but for subsection (1), would have been payable.” 2.
Amendments to “AN ACT to Make provisions for the establishment and operation of the National Library of Jamaica and to provide for connected matters”.

AMENDMENT Schedule In sub-paragraph 3(d) of paragraph 1 delete the words “any related discipline” and substitute therefor “other relevant discipline”.

Oswald G. Harding, O.J., C.D., Q.C.


President of the Senate The Minister of Youth, Sports and Culture, the Honourable Olivia Grange, moved that the Senate amendments to a Bill entitled “AN ACT to Make provisions for the establishment and operation of the National Library of Jamaica and to provide for connected matters” be approved Seconded by: Mr. Clive Mullings.

Agreed to.
Agreed to.

7 The Minister of Education and Leader of the House, on behalf of the Minister of Finance and the Public Service, gave notice that at the next meeting of the House he would move that the Senate amendments to a Bill entitled “AN ACT to Amend the Urban Renewal (Tax Relief) Act” be approved.

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.
REPORTS FROM COMMITTEES The Prime Minister laid on the Table of the House a copy of the Report of the Joint Select Committee to Consider and Report on the Report on the Review of Jamaica’s Defamation Law: Members of this Honourable House are reminded that on July 1, 2008, the Honourable House of Representatives passed the following resolution: BE IT RESOLVED that, notwithstanding Standing Orders 76 (1 and 2), this Honourable House of Representatives appoint a Special Select Committee comprising the following Members: Hon.
Dr. Horace Chang Hon.

Clive Mullings Hon.

Laurence Broderick Mr. Desmond Mair Mrs. Maxine Henry-Wilson Mr. Michael Peart Rev.

Ronald Thwaites to sit jointly with a similar Committee to be appointed by the Senate to consider and report on the Report on the Review of Jamaica’s Defamation Law.

BE IT FURTHER RESOLVED that seven (7) Members shall be the quorum of the Committee.
On July 4, 2008, the Senate, on a motion moved by the Attorney General, Minister of Justice and Leader of Government Business, who had obtained suspension of the Standing Orders, passed the following resolution: BE IT RESOLVED that notwithstanding Standing Orders 73 (2), this Honourable Senate appoint a Special Select Committee comprising of the following Members: Senator the Hon.

Dorothy Lightbourne Senator the Hon.


Arthur Williams Senator Desmond McKenzie 8 Senator Arnold J. Nicholson Senator Keith D. Knight to sit jointly with a similar committee to be appointed by the House of Representatives to consider and report on the Report on the Review of Jamaica’s Defamation Law.

BE IT FURTHER RESOLVED that seven (7) members shall be the quorum of the Committee.
On October 28, 2008, the House moved a further resolution removing Mrs. Maxine Henry Wilson from the Committee and substituting therefor Mr. Phillip Paulwell.
Members are further reminded that, by virtue of a resolution approved by the House of Representatives on March 31, 2009 and the Senate on 27th March 2009, the composition of the Committee as set out above, was made to continue in force for the 2010/2011 session of Parliament and the Committee empowered to proceed with matters that were before it from the stage reached at prorogation.

Your committee began its meetings on March 19, 2009 and at that meeting the quorum of the Committee was set at four members.
Your Committee held seven meetings to deliberate the issue, the last of which took place on December 16, 2010.

In deliberating the subject matter, your committee decided on a consultative approach and therefore various groups with interest in communication were invited to make presentations.

The following groups appeared before your committee and made presentations: ▪ ▪ Digicel Media Association of Jamaica & Press Association of Jamaica.
Your Committee also reviewed the papers that were submitted and reviewed by the Small Committee as it was felt that this would provide background information to the recommendations made in the Report and prevent duplication of efforts.
Your Committee also felt that it would be useful to hear from an expert in the field of defamation laws before making its concluding observations and recommendations to Parliament, and therefore Mr. Mark Stephens, an attorney-at-law from law firm Finers Stephens Innocent in London was invited to analyze the report of the Small Committee and make a presentation to the Committee.
1.0 INTRODUCTION The Committee chaired by Justice Hugh Small (retired) (hereinafter referred to as the Small Committee) was established to review the law of defamation and make recommendations for “changes that will ensure transparency and accountability in the context of a new framework of good governance”.
Specifically, the terms of reference required the review committee to make recommendations which would support freedom of the Press, provide reasonable protection for damaging publications, prevent suppression of information to which the public was reasonably entitled, impose appropriate burdens of accountability on public officers in public trust, set standards for 9 malicious intent and responsibility for due care prior to publication and evaluate actual damage caused by defamatory publications and suggest appropriate remedies.
The Small Committee focused on various issues in its deliberations such as the interrelation between the Access to Information Act and the Defamation Law and transparency, accountability and good governance.

Jamaica’s current Defamation law is concentrated on providing redress for persons who allege that their reputation has been damaged.
Modern trends in the law of defamation are that the right to freedom of expression should be considered and defamation laws should be liberalized in line with the new trend.

The Small Committee also examined the matter of constitutional rights in relation to freedom of expression.
The report of the review committee noted that freedom of the Press was not recognized in the Constitution but it was accepted that the individual’s right to freedom of expression was the constitutional right from which the freedom of the Press was derived, and that the Press had no greater right than the individual.
Issues such as the defence of qualified/absolute privilege, the limitation period for defamation actions, whether consideration should be given to placing a greater burden on public officials as plaintiffs, self regulation of the media and caps on damages to be awarded were also reviewed by the Committee.

The Small Committee also considered a reform of Jamaica’s defamation law by legislation and looked at the approach of other countries such as Australia, Barbados and Ireland.
According to the Small Committee there is general agreement that reforms should be made to the defamation laws to bring them in line with many of the improvements in other Common Law jurisdictions.

The report of the review committee listed thirteen (13) areas in respect of which agreement was reached and two (2) areas of disagreement.
2.0 FINDINGS AND RECOMMENDATIONS Your Committee decided that it would examine each recommendation that was made by the review committee and determine whether they should accept them.

Your Committee also considered the suggestions made and points raised by the media groups which made presentations to it.

After extensively reviewing the recommendations presented in the Report of the Review of Jamaica’s Defamation Law, your Committee is pleased to present its findings and recommendations.
2.1 Findings and Recommendations on the Recommendations Made by the Small Committee Recommendation 1 –Abolition of the Distinction Between Slander and Libel The recommendation of the Small Committee was that the distinction between slander and libel be abolished and that a single civil action of defamatory publication that requires no proof of special damages be established.

This recommendation was supported by the Media Association of Jamaica.

Your Committee accepts this recommendation.


10 Recommendation 2 - Limitation Period for Action The Small Committee recommended that the limitation period for an action of defamation be reduced to one year from the publication of the defamatory statement but with provisions fixing an appropriate formula for the extension of that period by the Court where the interests of justice so require.

The current limitation period is six years.


Mr. Stephens recommended a reduction of this period to one year from the date of publication of the defamatory material.

In his view that would allow sufficient time for the aggrieved party to become aware of the defamation and take action.

Your Committee felt that in our culture a period of two years would be more suitable.
Your Committee therefore agreed to recommend a limitation period of two years from the date that the defamatory material was published, with a proviso that any extension should be in circumstances that the Court felt the interests of justice required.

Recommendation 3 Replacement of the Defence of Justification The Small Committee recommended that the defence known as justification be replaced by the defence of truth.
Where an action for defamation is brought in respect of the whole or any matter published, the defendant may allege and prove the truth of any of the charges contained in that publication, and the defence of truth will not fail by reason only that the truth of every charge is not proved, if the matter, taken as a whole or that the publication does not materially injure the claimant’s reputation having regard to any such charges which are proved to be true in whole or in part.
The Media Association agreed with this recommendation.

Mr. Stephens also indicated that the defence of truth was what was being adopted worldwide.

Your Committee accepts this recommendation.

Recommendation 4- Defence of Triviality The Small Committee recommended that a defence of triviality, in circumstances where the publication of the matter complained of was such that the person defamed is not likely to suffer harm to his reputation, be introduced.
Your Committee did not agree with this recommendation as it was felt that triviality should go to damages, not to whether or not the person had been defamed.

Recommendation 5 –Defence of an Offer of Amends The recommendation of the Small Committee was that a defence of an offer of amends, similar to that in the Barbados Defamation Act, be introduced.
The Small Committee’s report states that an offer of amends will allow a person who has published a statement that is alleged to be defamatory of another, and who claims that he did not do so intentionally, to make an offer of amends.

The offer will be for the publication of a suitable correction of the statement complained of and for a sufficient apology to the aggrieved person.
There should also be provision that where copies of the statement have been distributed by or with the knowledge of the person making the offer, that he take such steps as are reasonably practicable to notify persons to whom copies have 11 been distributed.

The offer will not be available to a person after a defence has been served.

An offer of amends will be capable of being withdrawn at anytime before it is accepted.

Your Committee accepts this recommendation.


Compensation to the aggrieved person should also be a plank of the offer of amends.

Recommendation 6 - Publication of an Apology The Small Committee recommended that publication of an apology should not be construed as an admission of liability and will not be relevant to the determination of fault.

It would be relevant to the assessment of damages and may be relevant to the defence of an offer of amends.
The Media Association had raised the issue that if summary trials and summary judgments were allowed, there would be no need for offer of amends, declaratory orders, correction orders or apologies.

However your Committee felt that there was no certainty as to how quickly the summary trial might be possible.

Your Committee therefore accepts the recommendation of the Small Committee.
Recommendation 7- Defence of Innocent Dissemination The recommendation of the Small Committee was that a defence of innocent dissemination, similar to that contained in the harmonized defamation statutes of Australia, be established.
Members of the Committee felt that in light of modern communication technology the mass media should be protected in the case of reasonable innocent dissemination, but the law should provide that where had been brought to the attention of the publisher that the material was likely to be defamatory then any further publication would not attract the defence of innocent dissemination.
The matter of publication on a website was also discussed and it was felt that if it had been brought to the attention of the publisher that the information was defamatory, a statement to that effect should be published.

That would absolve the original publisher and warn other persons.

Mr. Stephens in his presentation to the Committee had opined that Internet Service Providers who host websites, and where there was no human intervention, should have a defence of being a mere conduit.
The Committee also recognized that some organizations had their own content on the website and in that case they should be responsible for the libel.

Your Committee accepts the recommendation of the Small Committee.
Recommendation 8 - Remedy of Declaratory Order The Small Committee recommended that a new remedy of a declaratory order be established, for which a plaintiff may apply, instead of damages, as a means of redress, where the only issue is the wish of a plaintiff to have an acknowledgement that the matter in question was defamatory and false as it referred to him or her.

Your Committee accepts this recommendation.


12 Recommendation 9 - Remedy of a Correction Order The Small Committee recommended that, a correction order to enable a court to order the publication of a correction as an additional remedy to declaratory judgments and to allow the courts to direct the terms of any correction that may be made in favour of a claimant, be established.

Your Committee accepts this recommendation and also recommends that it be linked with the declaratory order.
Recommendation 10 - Role of Judge and Jury The Small Committee recommended that provisions be introduced that the role of the jury should be to determine whether the defamatory matter was published by the defendant and whether any defence has been proven, and the role of the Judge should be to assess the amount of compensation that should be awarded.

Your Committee accepts this recommendation.


Recommendation 11- Assessment of General damages Your Committee was of the view that the principles recommended by the Small Committee for the assessment of damages are already a part of the existing jurisprudence.

Therefore your Committee recommends that there should be no change to the existing law.

Further your Committee does not recommend codification as it might restrict the Judge from taking into account other relevant considerations.
Recommendation 12-Recognition of Various Media Formats The Small Committee recommended that the various media formats by which statements could be published, which would include wired and wireless means as well as new media e.g.

streaming, webcasts and podcasts be recognized.

Your Committee noted that with the multiplicity of media formats some of which might be out of the control of the original publisher, a defence was needed.
Your Committee was of the view that the defence of innocent dissemination as proposed at recommendation 7 should be sufficient to address this issue.

Your Committee recommends accordingly.

Recommendation 13- Common law Offence of Criminal Libel The Small Committee recommended that the common law offences of criminal libel including blasphemous, obscene and seditious libel be abolished.

Both this the Media Association of Jamaica and Mr. Stephens supported recommendation.
Mr. Stephens stated that the international standard was that no one should be locked up for what they say.

Your Committee accepts the recommendation.

Recommendation 14 - Wire Service Defence The Media Association of Jamaica indicated that the media had to subscribe to wire services and news agencies worldwide which provided content over which they had little control.

They proposed that there should be a defence of innocent dissemination in such defamation cases.
Your Committee agrees with that proposal and recommends that the defence of innocent dissemination as put forward under Recommendation 7 should apply.

13 Recommendation 15 - Appropriate Standard for Public Officials The Small Committee was divided on whether there should be a higher standard of proof in cases where public officials sued in relation to statements regarding the conduct of public affairs.

In Jamaica the standard for public officials is the same as for other citizens.
The Small Committee had put forward three options.

The first was to adopt the Sullivan principle which requires the public official to prove actual malice.

The second option was to reject the Sullivan principle but change the burden of proof,- that is, the public official would be required to prove that the publication was not only defamatory but also false.
The third option was to make no change to the law, as the defence of reasonable journalism established in the Reynolds case and clarified and applied in later cases is adequate.

Your Committee favoured the third option.

Recommendation 16 - Cap on damages The Small Committee considered the issue of whether or not there should be a cap on damages that may be awarded because of the devastating effect that large awards could have on media houses.
The Media Association of Jamaica supported the imposition of a cap on damages and further pointed out that the costs associated with defamation actions could lead to bankruptcy of media houses.

Mr. Stephens had put forward the view that the cap could be fixed based on the level of damages that would be awarded to a person if he became a paraplegic as a result of injury.
Your Committee took the view that Judges were reasonable people and in any event their decisions were subject In addition, other recommendations which the Committee has made, such as the institution of the declaratory and correctional orders and the offer of amends, would go towards mitigation of damages.

Your Committee therefore recommends that no cap be placed on damages.

to review by a higher Court.


2.2 Findings and Recommendations on Other Deliberations 1 Multiplication of Publications The Media Association had raised the issue that each time the defamatory material was published it was a new cause for action.

Your Committee felt that if the publisher was made aware of the defamation and took appropriate action he would have a defence.

However if he continued to publish it after being made aware then he should not have a defence.
Issues Raised During the 2 Limitation Period for Internet Publications The Media Association of Jamaica had proposed that the limitation period for libel be extended to internet publications.

Your Committee agreed that the limitation period should be two years from the date of first publication on the particular website and recommends accordingly.

14 3.
14 3.

Re-publication by Other Websites Another issue that was raised by the Media Association of Jamaica was that other websites could publish defamatory material which had been removed from the original website and some protection ought to be afforded to the original website publisher in such circumstances Your Committee felt that the defence of innocent dissemination should be applied in such circumstances.

4.
4.

Special Jury Consideration was given to the provisions in the Jury Act for the selection of Special Juries in criminal and civil cases.

Your Committee felt that such Special Juries could be useful in defamation actions where special expertise might be required.

3.0 THANKS AND COMMENDATION Your Committee wishes to thank the persons and organizations that participated in the discussions.
Special thanks are extended to Mr. Mark Stephens who provided very valuable insights and to the technical team comprising representatives of the Legal Reform Department, Attorney General’s Chambers, Office of the Parliamentary Counsel, and the Ministry of Justice.

Your Committee also expresses sincere gratitude to the Clerk to the Houses of Parliament and staff for their invaluable assistance.
NOTICES OF MOTIONS GIVEN ORALLY The Minister of Labour and Social Security, the Honourable Pearnel Charles, 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 Amend the Minimum Wage Act”.

The Prime Minister gave notice that at the next meeting of the House he would move: 1.
BE IT RESOLVED that the Report of the Joint Select Committee to Consider and Report on the Report on the Review of Jamaica’s Defamation Law, which was laid on the Table of the House on the 21st day of December, 2010, be adopted.

2.

BE IT RESOLVED that Green Paper No.


2, entitled the Establishment of an Environmental Regulatory Authority (ERA) which was laid on the Table of the House on the 21st day of December, 2010, be referred to the Public Administration and Appropriations Committee of the House of Representatives for consideration and report.

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 second motion.
15 PUBLIC BUSINESS The Prime Minister, having obtained suspension of the Standing Orders, moved: BE IT RESOLVED that Green Paper No.

2, entitled the Establishment of an Environmental Regulatory Authority (ERA) which was laid on the Table of the House on the 21st day of December, 2010, be referred to the Public Administration and Appropriations Committee of the House of Representatives for consideration and report.

Seconded by: Mr. Desmond Mair.

Agreed to.


The Prime Minister moved that a Bill entitled “AN ACT to Amend the Constitution of Jamaica to provide for a Charter of Fundamental Rights and Freedoms and for connected matters” be now read a second time.

(Mr. Fitz Jackson, M.P., St. Catherine, Southern, 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 Industry, Commerce and Investment, the Honourable Karl Samuda, entered and took his seat).

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

(Mr. Ernest Smith, M.P., St. Ann, South Western, entered and took his seat).

Seconded by: Mr. Desmond Mair.

Agreed to.

The House resolved itself into a Committee of the whole House to consider the Bill Clause by Clause: Clauses 1 – 3 agreed to.

The 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 Chairman reported the Bill as having passed Committee stage without amendment.

Bill to remain on the Table of the House for a period of three months before third reading.

16 The Prime Minister moved that a Bill entitled “AN ACT to Amend the Constitution of Jamaica” be now read a second time.

Seconded by: Mr. Clive Mullings.

Agreed to.


The House resolved itself into a Committee of the whole House to consider the Bill Clause by Clause: Clauses 1 – 3 agreed to.

The 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 Chairman reported the Bill as having passed Committee stage without amendment.

Bill to remain on the Table of the House for a period of three months before third reading.
The Minister of Finance and the Public Service, the Honourable Audley Shaw, having obtained suspension of the Standing Orders, moved that the Senate amendments to a Bill entitled “AN ACT to Amend the Urban Renewal (Tax Relief) Act” be approved.

Seconded by: Mr. Othneil Lawrence.

Agreed to.


The Minister of Finance and the Public Service moved that the Senate amendments to a Bill entitled “AN ACT to Make provision for the protection of systematically important clearing and settlement systems from disruptions that may lead to risks to the stability of the financial systems, cause loss of confidence in the public payment regime in general, and for connected matters” be approved.

Seconded by: Mr. Joseph Hibbert.

Agreed to.
17 The Minister of Finance and the Public Service moved: THE CREDIT REPORTING ACT ________________ The Credit Reporting Regulations Resolution, 2010 ________________ WHEREAS by virtue of section 19(1) of the Credit Reporting Act, 2010 (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 23rd of November, 2010, the Minister made the Credit Reporting Regulations, 2010; AND WHEREAS it is provided by subsection (2) of section 19 of the Act that regulations made under subsection (1) of that section shall be subject to affirmative resolution: NOW, THEREFORE, BE IT RESOLVED by this Honourable House as follows:- (1) This Resolution may be cited as the Credit Reporting Regulations Resolution, 2010.
The Credit Reporting Regulations, 2010, which were laid on the Table of the (2) House on the 23rd day of November, 2010 are hereby affirmed.

Seconded by: Mr. Ernest Smith.

Agreed to.

Dr. Kenneth Wykeham McNeill moved: BE IT RESOLVED that the Report of the Public Administration and Appropriations Committee of the House of Representatives on the review of Green Paper No.
1 of 2010, “Recommendations for the restructuring of ministries, departments and agencies”, which was laid on the Table of the House on the 16th day of November, 2010, be approved.

Seconded by: Dr. St. Aubyn Bartlett.

Agreed to.

ADJOURNMENT The Minster of Education & Leader of the House and Mr. Derrick Kellier, Leader of Opposition Business, wished for all a safe and holy holiday season.
At 5:46 p.m., the Minister of Education and Leader of the House moved that the House do now adjourn to a date to be fixed by the Speaker.

18 Seconded by: Mr. Fitz Jackson.

Agreed to.

The House adjourned accordingly.

………………………………………… Delroy H. Chuck, MP Speaker 19