Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694258743948.pdf (Jamaica)
MINUTES OF THE HONOURABLE SENATE OF JAMAICA At a meeting of the Members of the Senate held pursuant to adjournment at Gordon House in the City and Parish of Kingston on Friday, the 4TH DAY OF FEBRUARY, 2011.

Prayers were offered by Senator the Honourable Marlene Malahoo Forte.

The Senate met at 10:43 a.m. o’clock.
PRESENT WERE: Senator Professor the Honourable Oswald Gaskell Harding, O.J., C.D., Q.C., President of the Senate Senator Thomas George Lewis Tavares-Finson, Deputy President Senator the Honourable Dwight Augustus Nelson, C.D., Minister of National Security Senator the Honourable Arthur Hugh Washington Williams, Minister of State in the Ministry of Finance and the Public Service Senator the Honourable Marlene Malahoo Forte, Minister of State in the Ministry of Foreign Affairs and Foreign Trade Senator Warren Meaden Newby, Parliamentary Secretary in the Ministry of Youth, Sports and Culture Senator Hyacinth Deloris Bennett Senator Navel Foster Clarke, O.D.
Senator Sandrea May Falconer Senator Aundre Christopher Franklin Senator Kamina Elizabeth Johnson Smith Senator Keith Desmond St. Aubyn Knight, Q.C.

Senator Dennis Meadows Senator Arnold Joseph Nicholson, Q.C., Leader of Opposition Business Senator Basil Llewellyn M’Wallimu Burnett Waite ANNOUNCEMENTS The Clerk laid on the Table of the Senate a copy of the following: Ministry Paper No.
7/11 Caymanas Track Limited Annual Report and Audited Financial Statements For the financial year ended March 31, 2010 (Ministry of Finance and the Public Service) The Factories Corporation of Jamaica (FCJ) Limited Annual Report and Audited Financial Statements For the financial year ended March 31, 2009 (Ministry of Industry, Investment & Commerce (MIIC)) The National Minimum Wage (Amendment) Order, 2011 under The Minimum Wage Act (Ministry of Labour & Social Security) The Minimum Wage (Industrial Security Guards) (Amendment) Order, 2011 under The Minimum Wage Act (Ministry of Labour & Social Security) BILLS BROUGHT FROM THE HOUSE OF REPRESENTATIVES The Clerk presented the following message from the Speaker of the House of Representatives: TO THE HONOURABLE SENATE: I have the honour to advise the Honourable Senate that on the 1st day of February, 2011, the House of Representatives agreed to the Senate amendments to the Bill entitled “AN ACT to Amend the Deposit Insurance Act” and passed the Bill entitled “An 2 Act to Amend provisions relating to penalties and monetary obligations in legislation relating to certain health and allied professions and services, and for connected matters”.
I also have the honour to advise the Honourable Senate that on the 1st day of February, 2011 a Bill entitled “AN ACT to Encourage and Facilitate the Making by employees of specified disclosures of improper conduct in the public interest; to regulate the receiving, investigating or otherwise dealing with disclosures of improper conduct; to protect employees who make specified disclosures to occupational detriment; and for related matters”, was passed in the House of Representatives with twelve (12) amendments, for which the Honourable House of Representatives desires the concurrence of this Senate: from being subjected Amendments: CLAUSE/PROVISION AMENDMENT Clause 2 Clause 9 Clause 10 In the definition of “improper conduct”, delete from paragraph (f) the words “performance of services which involve” and substitute therefor the words “carrying out of any activity that involves”.
1.

Delete subsection (1) and substitute therefor the following – “ (1) Subject to section 11, a disclosure made by an employee qualifies for protection where the employee – (a) makes the disclosure to a prescribed person; and (b) reasonably believes that the conduct disclosed falls within the areas of responsibility of the prescribed person.

2.

Delete from subsection (2) the word “negative” and substitute there for the word “affirmative” 1.
Delete the title appearing immediately before section 10 and substitute therefor: “Protected Disclosures made to the Designated Authority” “Disclosure to designated authority.

2.
Delete subsection (1) and substitute therefor the following: (1) Subject to section 12, a disclosure may be made by an 3 employee to the designated authority if it is reasonable in all the circumstances of the case, to make the disclosure and any of the following circumstances applies, namely: a. at the time of the disclosure, the employee reasonably believed that he would be subject to an occupational detriment if he made the disclosure to his employer in accordance with section 7; b. there is no prescribed person in relation to the relevant improper conduct; c. the employee making the disclosure has reason to believe that it is likely that evidence relating to the improper conduct will be concealed or destroyed if he makes the disclosure to his employer; d. the employee making the disclosure had made a disclosure on a prior occasion to his employer or to a prescribed person in respect of which no action was taken within thirty days.” 3.
Delete the fourth line of subsection (2) of section 10 and substitute therefor: “paragraphs (a), (b), (c), (d) and (e) and paragraphs (f) and (g)” 4.

Delete paragraph (a) from subsection (2) of section 10 5.

Delete from subsection (3) the numerals “ (2) (g)” and “(1) (f)” and substitute respectively the numerals “(2) (f)” and “(1) (d)” Clause 18 Delete and substitute therefor the following – “Duty to receive and carry out investigations into disclosures.

18.
18.

– (1) Every person to whom – (a) an employee makes a disclosure in accordance with section 7, 8 or 9; or (b) a disclosure is referred in accordance with section 19 (4), shall receive the disclosure and take appropriate steps in accordance with this section to 4 investigate or cause investigated.
the disclosure to be (2) Subject to the provisions of this Act, the person who receives a disclosure pursuant to subsection (1) shall – (a) receive and record disclosed; the matter being (b) take steps, where the person considers that an investigation should be proceeded with and that the circumstances specified in section 19(2) do not apply, to cause the conduct disclosed to be investigated in accordance with subsection (3).
(3) Having considered that an investigation should be proceeded with, the person shall – (a) commence investigations forthwith and issue periodic updates on the investigation to the employee making the disclosure, at intervals of thirty days; (b) ensure that investigations are carried out fairly; (c) review the results of investigations into disclosures and report the findings to the employee who made the disclosure and to anybody appearing to the person receiving the disclosure to be appropriate (having regard to the relevant improper conduct and the area of responsibility of that body); (d) make recommendations regarding the measures to be taken to correct the improper conduct; (e) take steps to remedy the improper conduct, provide redress where appropriate, take disciplinary action where appropriate, and reduce the opportunity for recurrence of the conduct; 5 (f) ensure that the rights of the employee making the disclosure, any witness and any person alleged to be at fault are protected; and (g) receive, record, review, investigate and otherwise deal with complaints made in respect of reprisals as a result of a disclosure made under this Act.”.
Clause 19 1.

In subsection (2)(b), delete the word “and” appearing at the end of the paragraph.

2.
Insert next after subsection (3) the following as subsection (4) – (4) Where – “ (a) the disclosure has been made to a prescribed person or Minister; and then (b) under the provisions of this Act the prescribed person or Minister is not entitled to investigate the matter disclosed the prescribed person or Minister to whom the disclosure was made shall forthwith refer the disclosure to such other prescribed person or Minister who, in the opinion of the first is so mentioned prescribed person or Minister entitled.”.
3.

Editorial Note: Insert in the marginal note after the word “refuse” the words “, duty to refer”.

THIRD SCHEDULE 1.

In paragraph 2 – delete the words from sub-paragraph (1) (a) “officer or member of a public body or any other” and the words “Officer, member or other person”; (b) delete from sub-paragraph (2)(b) the words “Any Officer, member or employee of a public body or”.

2.
2.

Delete from paragraph 3(1) the words “the principal officer of the public body concerned and” and substitute therefor the words “the employer concerned, and where the employer is a public body,”.
6 Delroy H. Chuck Speaker of the House of Representatives The Minister of National Security and Acting Leader of Government Business, Senator the Honourable Dwight Nelson, on behalf of the Attorney-General, Minister of Justice and Leader of Government Business, gave notice that at the next meeting of the Senate he would move that the House of Representative amendments to the Bill entitled “AN ACT to Encourage and Facilitate the Making by employees of specified disclosures of improper conduct in the public interest; to regulate the receiving, investigating or otherwise dealing with disclosures of improper conduct; to protect employees who make specified disclosures from being subjected to occupational detriment; and for related matters”, be approved.
The Minister of National Security and Acting Leader of Government Business on behalf of the Attorney-General, Minister of Justice and Leader of Government Business, signified his willingness to take charge of the Bill entitled “An Act to Amend provisions relating to penalties and monetary obligations in legislation relating to certain health and allied professions and services, and for connected matters”.

Clerk read Bill a first time.

Notice of second reading given.


(Senator Desmond McKenzie entered and took his seat).

NOTICES OF MOTIONS GIVEN ORALLY The Minister of National Security and Acting Leader of Government Business, on behalf of the Attorney-General, Minister of Justice and Leader of Government Business, gave notice that at the next meeting of the Senate he would move to introduce and have read a first time a Bill entitled “An Act to Amend the Attestation of Instruments (Facilities) Act”.
Sen. A. J. Nicholson enquired of when the motions standing in his name on the Order of Business, notice of which was given on October 5, 2010 and December 10, 2010, would be taken.

The Minister of National Security and Acting Leader of Government Business gave his assurance that he would convey Senator Nicholson’s concerns to the Leader of Government Business.

Deferred.
Deferred.

PUBLIC BUSINESS 7 ADJOURNMENT At 10:59 a.m., the Minister of National Security and Acting Leader of Government Business moved that the Senate do now adjourn to Friday, February, 11, 2011 at 10:00 a.m. o’clock.

Senators A. J. Nicholson and K. D. Knight noted that the Senate would be adjourning without any Public Business being done although there were items on the Order of Business that could have been taken during the course of the sitting.
The Minister of National Security and Acting Leader of Government Business gave his assurance that he would convey what had been expressed to the Leader of Government Business.

On the substantive motion being put, same was agreed to.

The Senate adjourned accordingly.

___________________________ Oswald G. Harding, OJ, CD, QC President 8