Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694258778940.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 23RD DAY OF APRIL, 2010.

Prayers were offered by Senator Kamina Johnson Smith.

The Senate met at 11:20 a.m.
PRESENT WERE: Senator Dr. the Honourable Oswald Gaskell Harding, O.J., C.D., Q.C., President of the Senate Senator the Honourable Dorothy Casieta Lightbourne, C.D., Q.C., Attorney-General, Minister of Justice and Leader of Government Business Senator the Honourable Dwight Augustus Nelson, C.D., Minister of National Security Senator Dr. the Honourable Ronald Anthony Robinson, Minister of State in the Ministry of Foreign Affairs and Foreign Trade Senator the Honourable Marlene Malahoo Forte, Minister of State in the Ministry of Foreign Affairs and Foreign Trade Senator Aundre Christopher Franklin, Parliamentary Secretary in the Ministry of Health 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 Mark Jefferson Golding Senator Norman Washington Grant Senator Kamina Elizabeth Johnson Smith Senator Dennis Meadows The Clerk laid on the Table of the House a copy of the following: ANNOUNCEMENTS Ministry Papers No.

35 - 40/10 Agricultural Development Corporation (ADC) Group Annual Reports and Audited Financial Statements For the years 1999-2000, 2000-2001, 2001-2002, 2002-2003, 2003-2004 and 2004-2005 (Ministry of Agriculture and Fisheries) Ministry Papers No.
41/10 Reforms to the National Insurance Scheme (NIS) (Ministry of Labour and Social Security) Ministry Papers No.

42/10 Office of the Cabinet Annual Report for the financial year 2009-2010 (Cabinet Office) Ministry Papers No.

43/10 Office of the Prime Minister Annual Report for the financial year 2008-2009 (Office of the Prime Minister) Ministry Papers No.
44/10 National Housing Trust – Changes in Lending Policy (Office of the Prime Minister) Special Audit Report of the Petroleum Corporation of Jamaica Limited and The Petroleum Company of Jamaica Limited and Initiative to Increase Audit capacity for the Internal Auditors of the Ministry of Energy and Mining and Auditors from Auditor General‘s Department of Jamaica (Ministry of Energy and Mining) 2 (Senator Thomas Tavares-Finson entered and took his seat).
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 21st day of April, 2010 a Bill entitled “AN ACT to Apply a sum out of the Consolidated Fund to the service of the year ending on the 31st day of March, 2011 and to appropriate the sums granted in this Session of Parliament”, was passed in the House of Representatives.
Delroy H. Chuck, M.P.

Speaker of the House of Representatives The Attorney-General, Minister of Justice and Leader of Government Business, Senator the Honourable Dorothy Lightbourne, signified her willingness to take charge of the Bill.

Clerk read Bill a first time.

The Attorney-General, Minister of Justice and Leader of Government Business gave notice of second reading of the Bill.
She further gave notice that at a later stage that day she would move for the suspension of the Standing Orders to enable her to move that the Bill be read a second time and to take it through all its concluding stages.
PUBLIC BUSINESS The Attorney-General, Minister of Justice and Leader of Government Business, having obtained suspension of the Standing Orders, moved that the Bill entitled “AN ACT to Apply a sum out of the Consolidated Fund to the service of the year ending on the 31st day of March, 2011, and to appropriate the sums granted in this session of Parliament” be now read a second time.
(The Minister of State in the Ministry of Finance and the Public Service, Senator the Honourable Arthur Williams, entered and took his seat).

Senator A. J. Nicholson having spoken for 30 minutes, the Attorney-General, Minister of Justice and Leader of Government Business 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: Senator Navel Clarke.

Agreed to.

3 At 1:20 p.m., the President interrupted.


The Attorney-General, Minister of Justice and Leader of Government Business moved for the suspension of the Standing Orders to enable the Senate to sit beyond 1:30 p.m. to complete the business of the day.

Seconded by: Senator Norman Grant.

Agreed to.

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

Clerk read Bill a second time.

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

The Schedule agreed to.

The Title and Enacting Clause agreed to.

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

The Senate resumed.

The Bill having been reported to the Senate without amendment, the Attorney-General, Minister of Justice and Leader of Government Business moved that the Bill be now read a third time.

Seconded by: Senator Warren Newby.

Agreed to.

Clerk read Bill a third time.

Bill passed without amendment.


The Attorney-General, Minister of Justice and Leader of Government Business continued debate on the motion that a Bill entitled “AN ACT to Amend the Industrial and Provident Societies Act” be now read a second time.

Seconded by: Senator Kamina Johnson Smith.

Agreed to.

Clerk read Bill a second time.

The Senate resolved itself into a Committee of the whole Senate to consider the Clauses of the Bill.

4 Clauses 1 to 5 agreed to.


Clause 6 was amended as follows: In subsection (1) of the proposed new section 6A, delete the words “sections 6 and 53” and substitute therefor the words “sections, 6, 8, 51 and 53”.

Amendment agreed to.

Clause 6 as amended agreed to.

Clause 7 was deleted and the following substituted therefor: “Amendment of section 8 of principal Act 7.
Section 8 of the principal Act is amended – (a) In subsection (1), by - (i) deleting from paragraph (a) the words “Agricultural Credit Board” and “Agricultural Credit Board Act” and substituting therefor the words “Registrar” and “Co-operative Societies Act”, respectively; (ii) deleting from paragraph (j) the words “if in the opinion of the said Agricultural Credit Board to be evidenced by a resolution of the said Board bearing the signature of the secretary of the said Board” and substituting therefor the words “if, in the opinion of the Registrar,”; (iii) deleting the full stop appearing at the end of paragraph (m) and substituting therefor a semicolon; and (iv) inserting next after paragraph (m) the following – “(n) if the society fails to maintain a capital base of not less than twenty per cent of its prescribed liabilities;”; (b) in subsection (4), by deleting the words “a Judge in Chambers who may if he think fit” and substituting therefor the words “the Tribunal; and the Tribunal may, if it thinks fit,”; (c) in subsection (6), by deleting the words “a Judge in Chambers” and substituting therefor the words “the Tribunal”; (d) in subsection (7), by deleting the words “Rules of Court may prescribe” and substituting therefor the words “The Tribunal may make rules prescribing”; 5 (e) by inserting next after subsection (7) the following as subsection (8) – “ (8) In subsection (1), “capital base” shall have the meaning and manner of calculation as prescribed”.
Amendments agreed to.

Clause 7 as amended agreed to.

Clauses 8 to 12 agreed to.

Clause 13 was deleted and the following substituted therefor: “Amendment of section 14 of principal Act 13.
Section 24 of the principal Act is amended – (a) by deleting from subsection (1) the words “four hundred dollars” and substituting therefor the words “twenty per cent of the share capital of the registered society”; (b) by deleting from subsection (2) – (i) inserting next after the words “any payment” the words “or transfer”; (ii) deleting the words “duly stamped receipt for the succession or legacy duty” and substituting therefor the words “a receipt evidencing the payment of Transfer Tax”.”.
Amendments agreed to.

Clause 13 as amended agreed to.

Clauses 14 to 18 agreed to.

The following was inserted as the new Clause 19: “Amendment of section 49 of principal Act Subsection (2) of section 49 of the principal Act is amended by inserting immediately after the word “association” wherever it appears the words “or articles of incorporation” in each case.”.

The new Clause 19 agreed to.

Clause 20 as renumbered was amended as follows: 1.


Delete paragraph (a) and substitute therefor the following: 6 by deleting the words “nominal value of its shares” and substituting (a) therefor the words “capital credited as paid up on the shares.” 2.

Delete from paragraph (b) the word “society” and substitute therefor the word “company”.

2.

Delete the words “in each case.” Amendments agreed to.

The new Clause 20 as amended agreed to.


The new Clause 21 as renumbered was deleted and the following substituted therefor: “Amendment of section 51 of principal Act.
Section 51 of the principal Act is amended – (a) by renumbering the section as section (1); (b) in subsection (1) as renumbered, by – (i) deleting the words “and registered,” and substituting therefor the words “for approval and registration”; (ii) inserting next after the words “copy is so” the words “approved and”; (c) by inserting next after subsection (1) as renumbered the following as subsection (2) – “ (2) If the Society disagrees with the decision of the Registrar not to approve a special resolution under subsection (1), the society may, within twenty-eight days of the date of the decision or within in any special such circumstances allow, appeal to the Tribunal.”.
the Minister may further period as Amendment agreed to.

The new Clause 21 as amended agreed to.

The new Clause 22 as renumbered was deleted and the following substituted therefor: Amendment of Section 53 of principal Act.

53.

Section 53 (b) of the principal Act is amended by deleting the words “instrument of dissolution” and substituting therefor the 7 words “application for dissolution and the provisions of the Companies Act in relation to the winding up of companies shall apply thereto”.
The new Clause 22 as renumbered agreed to.

The new Clause 23 as renumbered agreed to.

The new Clause 24 as renumbered was amended as follows: 24.

Section 55 of the principal Act is amended – “Amendment of section 55 of principal Act.
by deleting the marginal note and substituting therefor the following (a) marginal note “Provisions as to application for dissolution”; (b) by renumbering the section as subsection (1) of the section; (c) in subsection (1) as renumbered, by deleting – (i) the words “a society is terminated by instrument of dissolution” and substituting therefor the words “an application for dissolution of a society is made”; the words “instruments of dissolution” wherever they appear and (ii) substituting therefor in each case the words “application for dissolution”; (iii) paragraphs (d) and (e) and substituting therefor the following – the Registrar shall “(d) dissolution; forthwith review the application for (e) the Registrar shall within 30 days after receiving the application for dissolution inform the applicants of - (i) (ii) the decision as to whether or not the application has been granted; or as the case may require; any changes or amendments that are needed in respect of the application for dissolution.”.
by inserting next after subsection (1) as renumbered the following as (d) subsection (2) – 8 “ (2) In sections 53, 54 and 55 reference to “Registrar” means the Registrar of Companies.”.

The new Clause 24 agreed to.

Senator Mark Golding moved for the recommital of the new Clause 22.

Agreed to.

The new Clause 22 was further amended as follows: 1.

2.
2.

3. delete the word “deleting” and substitute therefor the words “inserting next after” delete the words “and substituting therefor” and “application for dissolution”.

delete the words “in relation” and substitute therefor the word “relating” Amendments agreed to.

The amendment to the new Clause 22 as amended agreed to.

The new Clauses 25 to 27 as renumbered agreed to.

The new Clause 28 as renumbered was deleted and the following substituted therefor: “Amendment of section 64 of the principal Act.
64.

Section 64 of the principal Act is amended by inserting next after subsection (2) the following as subsections (2A) and (2B) – “ (2A) Regulations made under this Act shall be subject to affirmative resolution.
(2B) Notwithstanding the provisions of section 29 (b) of the Interpretation Act, regulations made under this Act may provide for the imposition of greater penalties than those specified in that section so, however, that the maximum penalty that may be imposed shall be on summary conviction in a Resident Magistrate’s Court of a fine not exceeding one million dollars or imprisonment for a term not exceeding one year or both such fine and imprisonment.".

The new Clause 28 agreed to.


Senator Mark Golding moved for the recommital of the new Clause 24.

Agreed to.

The amendment to the new Clause 24 was further amended as follows: 1.

In paragraph (iii) delete the word “paragraphs” and substitute therefor the word “subsections” 9 2.

3.

In paragraph (iii) (e) delete the word “of” In paragraph (iii) (e) (i): 1. insert the word “of” before the words “the decision” 2.

3.
3.

4. insert the word “and” next after the word “granted;” delete the word “or” next after the word “granted;” delete the words “as the case may require” Amendments agreed to.

The amendment to the new Clause 24 as amended agreed to.

The new Clause 29 agreed to.

The new Clause 30 was amended as follows: Insert next after the words “People’s Co-operative Bank” wherever they appear the words “or National People’s Co-operative Bank” in each case.

Amendment agreed to.


The new Clause 30 as amended agreed to.

Senator Mark Golding moved for the recommital of the new Clause 24.

Agreed to.

The amended to the new Clause 24 was deleted.

Agreed to.

The Title and Enacting Clause were agreed to.

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

The Senate resumed.
The Senate resumed.

The Bill having been reported to the Senate with 12 amendments, the Attorney-General, Minister of Justice and Leader of Government Business moved that the Bill be now read a third time.

Seconded by: Senator Kamina Johnson Smith.

Agreed to.

Clerk read Bill a third time.

10 Bill passed with 12 amendments.

ADJOURNMENT At 3:09 p.m. the Attorney-General, Minister of Justice and Leader of Government Business moved that the Senate do now adjourn to a date to be fixed by the President.
Seconded by: Senator Sandrea Falconer.

Agreed to.

The Senate adjourned accordingly.

............................................................. Oswald Harding, OJ, CD, QC President 11