Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694258747694.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 22ND DAY OF SEPTEMBER, 2009 The House met at 2:11 p.m. PRAYERS Prayer was offered by the Reverend Ronald Thwaites.

CALL OF THE ROLL PRESENT WERE: Hon.

Delroy Hawmin Chuck, Speaker Hon.

Andrew Holness, Minister of Education and Leader of the House Hon.
Orette Bruce Golding, Prime Minister & Minister of Defence Hon.

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

Karl George Samuda, OD, Minister of Industry, Commerce & Investment 1 Hon.

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

Dr. Horace Anthony Chang, Minister of Water & Housing Hon.

Edmund Curtis Bartlett, Minister of Tourism Hon.


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

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

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

William James Charles Hutchinson, Minister of State in the Ministry of Agriculture and Fisheries Hon.
Daryl Wesley Phillip Vaz, Minister without Portfolio in the Office of the Prime Minister with responsibility for Information and Communication Hon.

Robert St. Aubyn Montague, Minister of State in the Office of the Prime Minister Hon.
Laurence George Broderick, Minister of State in the Ministry of Energy and Mining Mr. Noel George Delano Arscott, M.P., Clarendon, South Western Dr. St. Aubyn Bartlett, M.P., St. Andrew, Eastern Mr. Luther Bartley Monteith Buchanan, M.P., Westmoreland, Eastern Dr. Omar Lloyd Davies, M.P., St. Andrew, Southern Mr. Colin Alfred Alexander Fagan, M.P., St. Catherine, South Eastern Dr. Morais Valentine Guy, M.P., St. Mary, Central Ms. Lisa Rene Shanti Hanna, M.P., St. Ann, South Eastern Mr. Ian Dave Hayles, M.P., Hanover, Western Mrs. Sharon Merle Hay‐Webster, M.P., St. Catherine, South Central 2 Mr. Fitz Arthur Jackson, M.P., St. Catherine, Southern Mr. Derrick Flavius Kellier, M.P., St. James, Southern Mr. Desmond Gregory Mair, M.P., St. Catherine, North Eastern Mr. Phillip Feanny Paulwell, M.P., Kingston Eastern & Port Royal Mr. Dean Alexander Peart, M.P., Manchester, North Western Mr. Michael Anthony Peart, M.P., Manchester, Southern Mr. Tarn Andrew Peralto, M.P., St. Mary, South Eastern Dr. Peter David Phillips, M.P., St. Andrew, East Central Dr. Donald Gladstone St. Clair Rhodd, M.P., Portland, Eastern The Most Hon.
Portia Lucretia Simpson Miller, ON, M.P., St. Andrew, South Western Mr. Michael Anthony Stern, M.P., Clarendon, North Western Rev.
Ronald George Thwaites, M.P., Kingston, Central Mr. Franklyn Robert Witter, M.P., St. Elizabeth, South Eastern STATEMENTS BY MINISTERS The Minister of Labour and Social Security, the Honourable Pearnel Charles made the following statement on The National Insurance Fund: Mr. Speaker, the Leader of the Opposition made reference to the National Insurance Fund in her speech at the PNP party conference on Sunday, and may have given the impression the Fund is not in a healthy state.
I feel compelled to respond to these statements, which could mislead the public.

According to the Opposition, they left the Fund with an asset base of $54 Billion in 2007.

What was not said, Mr. Speaker is whether or not the Fund, as they left it, would be sustainable over the long run, bearing in mind the following key factors.
i) The current pension population of over 90,000 beneficiaries; 3 ii) iii) iv) The projected increase in the number of pensioners to approximately 350,000 over the next twenty years, bearing in mind the increase in life expectancy; The present level of benefits and the frequent increases given over the last twenty years; and most importantly, The failure to adequately review the contribution structure over the same period.
All of this should also be viewed in light of the current economic situation both locally and internationally.

For example, last year we witnessed the displacement of approximately 30,000 workers in Jamaica and this is only the number that was reported.

This fallout had the double effect of no growth in the number of contributors as well as the loss of contribution revenue.

Mr. Speaker, let me use this opportunity to state the following facts.
As at August 31, 2009, the total assets of the National Insurance Fund were valued at $56.7 Billion, an increase of 5% over 2007.

This is in spite of the fact that we continue to pay out more in benefits and collect less from contributions.

For example, during the last Financial Year we paid out $8.5 Billion in benefits while collecting $5.5 Billion in contributions, a deficit of $3 Billion.

This gap had to be filled by earning from investments.
The desirable position Mr. Speaker, is that contributions collected should at least be enough to meet the costs of benefits.

This negative trend of benefits exceeding contributions started as far back as 2003, but it is obvious that there was no political will to rectify the situation.

Mr. Speaker, most of the decisions taken during the previous administrations appear to have been politically expedient rather than based on sound financial management.
In fact since 1989, there have been nine increases in the benefit levels paid to pensioners (1990, 1991, 1992, 1996, 1998, 2003, 2006 and 2008), while there were only three adjustments to the contribution rate in 1990, 1996 and 2003.

Mr. Speaker, during the recent Budget Debate, the Honourable Prime Minister expressed his concern about the potential decapitalization of the Fund if this trend continues.
From his analysis of the data presented by the Fund’s Actuaries, he stated that if there was not strong leadership in the management of the NIF, the Fund could be exhausted by 2026.

He also stated that this Government will take the necessary steps to ensure the continued viability of the Fund.

Mr. Speaker, we have since received the Actuarial Report that was commissioned outlining the various measures that need to be taken.
In designing the new measures, we have tried to be as inclusive and transparent as possible.

The Prime Minister invited the Leader of the Opposition and her team to participate in the discussions with the Actuaries, my Ministry, the Ministry of Finance and the Public Service and other stakeholders in order to have consensus on the way forward.

The Opposition team was comprised of the Opposition Leader herself, the Chairman of 4 the Party and the Opposition Spokesman on Finance.
There was agreement in principle that strong measures have to be taken to protect the integrity and sustainability of the National Insurance Fund.

Coming out of these discussions, the Actuaries have been asked to do some additional projections to better guide our decisions.

Mr. Speaker, the workers of this country can rest assured that under this administration, the National Insurance Fund will be prudently managed and will be given the necessary political leadership.
This Honourable House will recall the criticism of the Jamaica Labour Party government when we had the vision to introduce the National Insurance Scheme in 1966.

Just as the PNP did then, by turning around the NIS and calling it SIN, they have again sought to undermine the Scheme and its benefit to the workers of Jamaica all in an effort to score cheap political points.
Shortly, Mr. Speaker, this Parliament will be advised of the revised structure for the National Insurance Scheme to ensure its long term sustainability.

ANNOUNCEMENTS The Clerk laid on the Table of the House a copy of the following: Ministry Paper No.

103/09 JOS Property at 5 Millsborough Crescent Kingston 5 (Presented by the Ministry of Transport & Works) Ministry Paper No.

104/09 Increases in Toll Tariffs on September 5, 2009 (Presented by the Ministry of Transport & Works) Ministry Paper No.
105/09 Government of Jamaica Revised Sugar Sector Adaptation Strategy: Year 2006‐2020 (Presented by the Ministry of Agriculture & Fisheries) Maritime Authority of Jamaica Annual Report for the year 2007‐2008 Jamaica Civil Aviation Authority Annual Report for the years 2006/2007 and 2007/2008 (Presented by the Ministry of Transport & Works) Office of the Contractor‐General 22nd Annual Report for the Year 2008 (Presented by the Office of the Contractor‐General) 5 Certified Appropriation Accounts Head Ministry/Department Financial Year 0300 Office of the Public Defender 2008/2009 (Presented by the Auditor General’s Department) NOTICES OF MOTIONS GIVEN ORALLY The Minister of Finance and the Public Service, the Honourable Audley Shaw, gave notice that at the next meeting of the House he would move: BE IT RESOLVED that the First Supplementary Estimates of Expenditure for the Financial Year ending March 31, 2010, which was laid on the Table of the House on the 22nd day of September, 2009, be referred to the Standing Finance Committee of the Whole House of Representatives for consideration and report.
(The Minister of Transport & Works, the Honourable Lester Michael Henry entered and took his seat).

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

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

(Mr. Peter Bunting, M.P., Manchester, Central entered and took his seat).

(Mrs. Natalie Neita‐Headley, M.P., St. Catherine, East Central entered and took her seat).
(The Minister of Agriculture and Fisheries, Dr. the Honourable Christopher Tufton, entered and took his seat).

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

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

(Mr. Robert Pickersgill, M.P., St. Catherine, North Western entered and took his seat).

(Dr. Fenton Ferguson, M.P., St. Thomas, Eastern entered and took his seat).
(Mr. Roger Clarke, M.P., Westmoreland, Central entered and took his seat).

6 QUESTIONS AND ANSWERS TO QUESTIONS Dr. Kenneth McNeill, M.P., Westmoreland, Central gave notice that at the expiration of 21 days he would ask the Minister of Tourism the following questions: 1.

2.

3.

Is it a fact that US$1 million was allocated from the Tourism Enhancement Fund to the Jamaica Tourist Board to support two major festivals in 2009?
Is it also a fact that of this sum US$500,000 was earmarked for the Jamaica Jazz Festival and US$500,000 for Sumfest?

In light of the fact that the Chairman/Director of Tourism has stated publicly that only US$72,000 was given to Sumfest, could the Minister state how the remaining US$428,000 was spent?

(Mr. Derrick Smith, M.P., St. Andrew, North Western entered and took his seat).
PUBLIC BUSINESS The Reverend Ronald Thwaites, M.P., Kingston, Central continued debate on the motion that a Bill entitled “AN ACT to Amend the Customs Act” be now read a second time.

Seconded by: Mr. Michael Stern.

Agreed to.

The House resolved itself into a Committee of the Whole House to consider the clauses of the Bill.

Clauses 1‐ 2 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 House resumed.

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

Seconded by: Mr. Franklyn Witter Agreed to.

Bill read a third time and passed.

7 The Minister of Finance and the Public Service, the Honourable Audley Shaw moved for the suspension of the Standing Orders to enable him to move the motion notice of which he gave earlier.

Seconded by: Mr. Michael Stern.

Agreed to.


The Minister of Finance and the Public Service, the Honourable Audley Shaw having obtained suspension of the Standing Orders, moved that the First Supplementary Estimates for the Financial Year ending March 31, 2009, which was laid on the Table of the House on the 22nd day of September, 2009, be referred to the Standing Finance Committee of the Whole House of Representatives for consideration and report.

Seconded by: Mr. Michael Stern.

Agreed to.


Mr. Derrick Kellier, M.P., St. James, Southern continued debate on the motion that a Bill entitled “AN ACT to Amend the Holidays with Pay Act” be now read a second time.

Seconded by: Mr. Tarn Peralto.

Agreed to.

(Mr. Clive Mullings, M.P.

St. James, West Central entered and took his seat).

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

(Mrs. Maxine Henry‐Wilson, M.P., St. Andrew, South Eastern entered and took her seat).
(Mr. Ernest Smith, M.P., St. Ann, South Western entered and took his seat).

The House resolved itself into a Committee of the Whole House to consider the clauses of the Bill.

Clauses 1‐ 4 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 Minister of Finance and the Public Service moved that the Bill be now read a third time and passed.
Seconded by: Mr. Franklyn Witter 8 Agreed to.

Bill read a third time and passed.

The Ministry of Industry, Commerce and Investment, the Honourable Karl Samuda moved that the Senate’s Amendments to the Bill entitled “AN ACT to Amend the Trade Act be approved: AMENDMENTS Clause 2: Delete Clause 2 and substitute therefor the following – 2.
Section 10(1)(c) of the principal Act is amended by – (a) inserting immediately after the words “may provide” the words “that, subject to affirmative resolution,”, and (b) deleting the words— (i) “three thousand dollars” and substituting therefor the words “two million dollars”; and (ii) “twelve months” and substituting therefor the words “two years”.” Clause 6 In paragraph (b), in relation to the proposed subsection (2), insert immediately after the words “for the imposition” the words “, subject to affirmative resolution,”.
On the substantive motion being put same was approved.

The House resolved itself into committee of the Whole House to continue, clause by clause consideration of a Bill entitled “AN ACT to Prohibit the production, distribution, importation, exportation or possession of child pornography and to provide for connected matters”.

Clauses 1‐4 agreed to.

Clause 5 was amended as follows: 1.


Delete subsections (1) and (2) and substitute the following therefor:‐ “ (1) Subject to subsection (4), a person who knowingly possesses child pornography, in circumstances other than those specified in section (4)(1) 9 (d), commits an offence under this section.

(2) Subject to subsection (4), a person who knowingly accesses any child pornography commits an offence under this section.

“.

2.
“.

2.

In subsection (4) ‐ (a) Insert in paragraph (b) (i) immediately after the words “steps to”, the words “avoid”, “remove or”; (b) Insert the word “or” at the end of paragraph (b) and the following as as paragraph (c) ‐ “(c) he possessed the child pornography concerned for the purposes of bona fide educational, scientific, legal or medical research”.

Amendment agreed to.

Clause 5 as amended agreed to Clauses 6‐14 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 with 3 amendments, the Minister of Finance and the Public Service moved that the Bill be now read a third time and passed.

Seconded by: Mr. Othneil Lawrence.

Agreed to.

Bill read a third time and passed.
PRIVATE MEMBERS’ MOTIONS Mr. Gregory Mair, M.P., St. Catherine, North Eastern, having obtained suspension of the Standing Orders moved: WHEREAS it is the duty of Parliament to ensure the maintenance of good moral standards and social behavior in our society; 10 AND WHEREAS pornography and sexual exploitation undermines and destabilizes the moral fabric of a decent and stable society by encouraging sexual promiscuity, deviant sexual practices and other attitudes and behavior that threaten traditional family and religious institutions; AND WHEREAS the effects of pornography and sexual exploitation are particularly pernicious with respect to children; AND WHEREAS with the advent of technology, pornography is easily accessible: BE IT RESOLVED by this Honourable House that a comprehensive review be done of the Trafficking in Persons Act, the Undesirable Publications (Prohibition and Importation) Act, the Obscene Publications (Suppression of) Act and the Child Care and Protection Act and any other legislation governing the subject be reviewed in order to ensure that adequate enforcement mechanisms are in place to protect our society in general and our children in particular from easy access to all forms of production and distribution of pornography and sexual exploitation.
Referred to the Human Resources and Social Development Committee for consideration and report.
PUBLIC BUSINESS (Sectoral Debate continued) The Minister of Labour and Social Security, the Honourable Pearnel Charles, continued debate on the motion: BE IT RESOLVED that this Honourable House of Representatives approve the plans and programmes being pursued by the Government in respect of Ministries which were not included in the debate on the Appropriation Bill and further approve the policy projections as announced for the Financial Year 2009/2010.
On the substantive motion being put, same was agreed to.

ADJOURNMENT At 4:44 p.m. the Minister of Education and Leader of the House moved that the House do now adjourn to Tuesday, September 29, 2009 at 2:00 p.m. Seconded by Mr. Franklyn Witter.

Agreed to.

The House adjourned accordingly.

11 Delroy Chuck Speaker of the House of Representatives 12