Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694258861465.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 15TH DAY OF FEBRUARY, 2011.

The House met at 2:39 p.m. o’clock.

Prayers were offered by Mr. Desmond Mair.

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 Olivia Atavia Grange, MP, Minister of Youth, Sports and Culture The Honourable James Rudolph Edward Robertson, MP, Minister of Energy and Mining The Honourable Rudyard Conrad Spencer, O.D., MP, Minister of Health 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 Clifford Everald Errol Warmington, MP, Minister of State in the Ministry of Water and Housing The Honourable Shahine Elizabeth Robinson, MP, Minister of State in the Office of the Prime Minister The Honourable William James Charles Hutchinson, MP, Minister of State in the Ministry of Agriculture and Fisheries The Honourable Robert St. Aubyn Montague, MP, Minister of State in the Office of the Prime Minister The Honourable Michael Anthony Stern, MP, Minister of State in the Ministry of Industry, Commerce
 and Investment 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. Peter Murcott Bunting, MP, Manchester, Central 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. Fenton Rudyard Ferguson, MP, St. Thomas, 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 Mrs. Sharon Merle Hay-Webster, MP, St. Catherine, South Central 2 Mr. Joseph Uriah Hibbert, MP, St. Andrew, East Rural Mr. George Anthony Hylton, MP, St. Andrew, Western Mr. Fitz Arthur Jackson, MP, St. Catherine, Southern Mr. Derrick Flavius Kellier, C.D., MP, St. James, Southern Mr. Othneil Damion St. Elmo Lawrence, MP, St. Ann, North Western Mr. Desmond Gregory Mair, MP, St. Catherine, North Eastern Mr. Clive Arthur Mullings, MP, St. James, West Central Mrs. Natalie Gaye Neita-Headley, MP, St. Catherine, East Central Mr. Phillip Feanny Paulwell, MP, Kingston Eastern & Port Royal Mr. Dean Alexander Peart, C.D., MP, Manchester, North Western Mr. Michael Anthony Peart, MP, Manchester, Southern Mr. Tarn Andrew Peralto, MP, St. Mary, South Eastern Mr. Robert Dixon Pickersgill, MP, St. Catherine, North Western Dr. Donald Gladstone St. Clair Rhodd, MP, Portland, Eastern The Most Honourable Portia Lucretia Simpson Miller, O.N., Leader of the Opposition and MP, St. Andrew, South Western Mr. Derrick Charles Smith, MP, St. Andrew, North Western Reverend Ronald George Thwaites, MP, Kingston, Central STATEMENTS BY MINISTERS The Minister of Energy and Mining, the Honourable James Robertson, made the following statement on the planned restart of operations of UC Rusal’s Windalco- Kirkvine Works Plant in Manchester: Mr. Speaker I am pleased to announce the planned restart of operations of UC Rusal’s Windalco-Kirkvine Works Plant in Manchester beginning July 1 this year.
This follows the 3 restart of operations at WINDALCO’s Ewarton plant in St. Catherine last July bringing on board over a thousand jobs.

Mr. Speaker the very hard and focused work of the Ministry of Energy and Mining, the Jamaica Bauxite Institute and UC Rusal continue to pay off.

Mr. Speaker you would recall that operations at the Windalco-Kirkvine Works Plant were temporarily suspended in April 2009 due to cost-cutting measures linked to the broader global economic crisis then.
You would also recall the generally devastating effect of the global economic crisis on the Bauxite and alumina sector worldwide.

Mr. Speaker, during the period in which operations were suspended, RUSAL undertook measures to ensure that when market conditions became favourable and that the Kirkvine plant would come back online with increased efficiencies and competitiveness.
This included the optimising of the facility’s structure, production processes, reducing cash operating costs and making more efficient Plant operations.

Mr. Speaker, the planned restart of the Kirkvine Works Plant will see a massive investment not yet quantified by the Jamaica Bauxite Institute (JBI) and Jamaica Bauxite Mining (JBM).

A total of one thousand jobs many of them medium and high end will come on stream in the areas of engineering, mining, hauling, management and so on.
The multiplier effect to the people of Manchester and surrounding parishes is even more significant.

Mr. Speaker, it is noteworthy to point out that the total capacity of Kirkvine is around 600 thousand tonnes of alumina per year whilst the production of the Kirkvine Works Plant for 2011 is planned to be approximately 252 thousand tonnes per year.

Mr. Speaker I must however sound words of caution.


The planned restart of operations at Kirkvine is subject to approval by international lenders, further discussions by UC Rusal with its partners on the project and extensive Government of Jamaica support.

Mr. Speaker among the areas that the Government of Jamaica must address are: 1.

Possible temporary lifting of the bauxite levy for WINDALCO.
Section 6 of the Bauxite (Production Levy) Act state clearly that, “The Minister may, upon the application of any person liable for payment of any production levy, if he is satisfied that it is just and equitable so to do, waive, remit or refund such levy in whole or in part and any such waiver, remission or refund may be subject to such conditions as the Minister may see fit to impose: Provided that a notice of such waiver, remission or refund shall be published in the Gazette.” 2.
Resolving issues pertaining to the 18 million US dollars debt owed by Jamaica Bauxite Mining to WINDALCO as a result of old supply contracts 4 3.

Rehabilitation of railroad tracks from Port Esquivel to Kirkvine 4.

Resolving the sale of 7% of shares in WINDALCO owned by Jamaica Bauxite Mining along with old supply contracts with Glencore.

5.

Assistance in power projects for WINDALCO plants including lease of lands along railroad tracks for growing biofuel, R&D sharing, licenses, carbon credits and so on.
6.

Collaboration with NEPA on Port Esquivel dredging environmental issues.

7.

Assistance in hiring local mining contractors for Kirkvine mines, and; 8.

Cooperation in sending five Jamaican students annually to study at Russian Universities at RUSAL’s expense.

Mr. Speaker we are committed to ensuring that the best interests of Jamaica is advanced at all times and will continue to work untiringly towards the full resuscitation of the bauxite and alumina sector.

I thank you.
I thank you.

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

(Dr. Peter Phillips, M.P., St. Andrew, East Central, 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 Finance and the Public Service, the Honourable Audley Shaw, entered and took his seat).

(The Minister of Tourism, the Honourable Edmund Bartlett, entered and took his seat).
(The Prime Minister, the Honourable Orette Bruce Golding, entered and took his seat).

The Clerk laid on the Table of the House a copy of the following: ANNOUNCEMENTS Ministry Paper No.
11/11 entitled Cabinet Agenda Issues for 31 January, 2011 (Cabinet Offices) 5 Commission for the Prevention of Corruption Annual Reports for the financial years 2007/2008, 2008/2009 and 2009/2010 (Ministry of Justice) Office of the Children’s Advocate (OCA) Annual Report For the fiscal year 2009/2010 (Office of the Children’s Advocate) 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 11th day of February, 2011, the Senate agreed to 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 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 connected matters” I also have the honour to advise the Honourable House of Representatives that on the 11th day of February, 2011 a 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”, was passed in the Senate.
Oswald G. Harding, O.J., C.D., Q.C.
President of the Senate 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 shortly entitled “the National Insurance (Validation and Amendment) Act, 2011” QUESTIONS AND ANSWERS TO QUESTIONS The Leader of the Opposition, the Most Honourable Portia Simpson Miller, gave notice that at the expiration of 21 days, she would ask the Minister of Youth, Sports and Culture the following question: 6 Part 1: Will the Minister indicate whether an allocation was made by her Ministry to facilitate preparation for the hosting of the CONCACAF Under-17 Soccer Tournament?
Part 2: If the answer to Part 1 is in the affirmative, would the Minister indicate the amount allocated and the agency through which the allocation was made?

Part 3: Part 4: Part 5: Part 6: Will the Minister indicate whether any amount from any allocation made was specifically earmarked for preparation of the Trelawny Multi-Purpose Stadium for the tournament?

If the answer to Part 3 is in the affirmative, will the Minister indicate the amount so allocated?
If the answer to Part 4 is in the affirmative, will the Minister indicate the contractor/contractors retained to carry out the prescribed work?

Will the Minister indicate what steps have been taken to do damage control internationally so that Jamaica may continue to have the opportunity to host international sporting events?
Dr. Omar Davies gave notice that at the expiration of 21 days he would ask the Minister of Labour and Social Security the following question: Part 1: Part 2: Part 3: Does the Minister recall informing Parliament of his intention to establish a committee which would advise him on an appropriate “livable wage”?

If the answer to Part 1 is in the affirmative, would the Minister indicate whether this committee has been established?
If the answer to Part 2 is in the affirmative, would the Minister provide details on the membership, terms of reference and expected output from the committee?

Part 4: If the answer to Part 2 is in the negative, will the Minister indicate why?

Part 5: Part 6: Would the Minister indicate the manner in which the committee will solicit inputs from interested individuals and institutions?
Would the Minister indicate whether there are provisions for members of Parliament to have an input into the deliberations of the committee, prior to the submission of its report?

(Mr. Franklin Witter, M.P., St. Elizabeth, South Eastern, entered and took his seat).
7 Reverend Ronald Thwaites gave notice that at the expiration of 21 days he would ask the Prime Minister the following question: Part 1: Will the Government commit to appointing a Commission of Enquiry to investigate the circumstances under which several score of citizens were killed in Tivoli last May?
The time being 3:18 p.m., the Minister of Education and Leader of the House, the Honourable Andrew Holness, moved for the suspension of the Standing Orders to enable Questions and Answers to Questions to continue beyond 3:15 p.m. Seconded by: Mr. Ian Hayles.

Agreed to.

Mr. George Anthony Hylton asked the Deputy Prime Minister and Minister of Foreign Affairs & Foreign Trade the following question: Part 1.

Part 2.

Part 3.

Part 4.

Part 5.

Part 6.

Part 7.


Will the Minister state whether or not he is satisfied with the level of preparedness by the state institutions as well as the private sector for the implementation of the historic Economic Partnership Agreement (EPA)?

If the answer to Part 1 is in the affirmative, will the Minister state clearly the basis on which he arrives at this conclusion?
If the answer to Part 1 is in the negative, will the Minister state the measures and strategies to be implemented in order to assist the Jamaican private sector, in particular the Micro Small Medium Enterprises (MSMEs) to take advantage of the possible benefits under the EPA?

Will the Minister state specifically whether an assessment of the likely impact on the Jamaican productive sector was completed prior to or since the signing of the EPA in 2008?
Will the Minister state the results of the impact assessment for both the manufacturing and agricultural sectors, as well as the services sector of the Jamaican economy?

Will the Minister state whether the other CARICOM partners are in as good as or a better position than Jamaica to meet their obligations under the (EPA)?

Is the Minister aware of any efforts by CARIFORUM countries to seek an extension, from the European Union, of the moratorium on the phased implementation of the EPA?

8 Part 8.
8 Part 8.

If the answer to Part 7 is in the affirmative, will the Government support such an effort by CARIFORUM countries to attempt to extend the moratorium?

Part 9.

If the answer to Part 7 is in the negative, will the Minister state the reason(s) for the Government’s decision?

Part 10.

Will the Minister state what measures, if any, the Government is prepared to take in light of the following developments subsequent to the signing of the EPA in 2008: a. b.
The continuing refusal by other African Caribbean and Pacific (ACP) regions to sign an EPA; and The negative effects of the global recession and the decision of European countries to stimulate their economies through significant subsidies to various sectors and firms.
The Deputy Prime Minister and Minister of Foreign Affairs and Foreign Trade, the Honourable Dr. Kenneth Baugh, responded as follows: Answer to Part 1 No, there are outstanding matters which are still being addressed, including the legislative aspect, related to the phased liberalization of tariffs under the EPA to ensure that the tariff regime becomes operable.

Work on the legislative aspect is currently underway.
In reality, the implementation of the EPA commenced upon the conclusion of the negotiations in December 2007 as the EU continued to accord duty free access into its market in accordance with the duty free/quota free market access provision for CARIFORUM States offered by the EU in the negotiations and included in the Agreement in Articles 14 and 15.

Jamaica commenced Provisional Application of the EPA on 29 December, 2008 in accordance with Article 243.3.
The Services provisions of the EPA, in Articles 75 -118, particularly Article 76 on Market Access, were not subject to a moratorium and thus became eligible for implementation when the Agreement was signed on 15th October 2008.

Regarding liberalization of tariffs on goods in the CARIFORUM domestic market, there was a general moratorium for three (3) years and for motor vehicles and parts, the moratorium is for 10 years.
For other duties and charges (ODCs), it is for seven (7) years 9 in accordance with Article 16.4.

The three (3) year moratorium came to an end on 1 January 2011.

Effective EPA implementation requires addressing the implementation of all trade agreements to which Jamaica is a party such as the WTO Agreements, the Revised Treaty of Chaguaramas, all of which form an important part of Jamaica’s trade policy framework.
The priority is to modernize Jamaica’s trade regime and increase production of goods and services to position the country to trade under all trade arrangements.

In this regard, there is still much work to be done.

It is important to recall that there were solid legal reasons for entering into the EPA negotiations.

These are set out in the Cotonou Agreement Articles 36 and 37 which required States to negotiate new trading arrangements to establish WTO compatibility.
In Article 37, in particular, the EPAs were to be negotiated and completed by 31 December 2007.

Answer to Part 2 The response to Part 1 is not in the affirmative.

Answer to Part 3 Overall Strategies 1.

2.

3.

4.

The National Development Plan-Vision 2030 which focuses, inter alia, on creating a stable macroeconomic environment and an enabling business environment.

The National Export Strategy, which is linked to Vision 2030, is aimed at building trade capacity to increase exports.
The National Aid for Trade Strategy is currently being formulated with the assistance of the IDB to ensure that Jamaica can increase the level of international resources which are available, to increase trade capacity.

In this regard, a technical assistance desk audit was done to identify technical assistance gaps which would require funding.

This desk audit has been taken into account in the preparation of the National Aid for Trade Strategy.
Revision of Jamaica’s Trade Policy - to ensure cohesion and coherence between the National Development Plan, the Strategies and various trade related projects, the Ministry of Foreign Affairs and Foreign Trade is in consultations with a view to revising Jamaica’s Trade Policy.

This will also take account of changes in the international economic environment over the last 10 years.
10 Strategies specific to Micro, Small and Medium Sized Enterprises (MSMEs) The Ministry of Industry, Investment and Commerce (MIlC) and the Jamaica Business Development Corporation (JBDC) have projects and programmes in place to assist the development of MSMEs and to improve their competitiveness in export markets.

Emphasis is being placed on producing goods and services which meet international standards.
The Ministry of Industry, Investment and Commerce (MIlC) is now finalizing a policy for the Micro, Small and Medium sized Enterprises (MSMEs).

The Japanese International Cooperation Agency (JICA) provided technical assistance, through a consultant, to identify the constraints and weaknesses in the MSMEs and this information was used in formulating the policy.
The Jamaica Promotions Corporations (JAMPRO) is focusing on finding new market opportunities in the EU and on upgrading their trade facilitation services such as:  The JAMPRO “Fast Track Facility” (both in Kingston and Montego Bay) to allow direct client interface with a number of trade-related public bodies at one location;  The “Enterprise Export Development Programme”: an export development initiative to provide value-added services (to include market penetration, capacity-building and “hand holding” services) to select export-ready firms.
The Ministry of Agriculture and Fisheries, in collaboration with all other government Ministries and Department responsible for food safety standards (Sanitary and Phyto- sanitary (SPS) Standards), is working to ensure that facilities such as abattoirs, laboratories and processing plants, regardless of size, are upgraded to meet the highest international standards thus enabling products to be traded in the EU and other export markets.
Answer to Part 4 Impact assessments are usually done prior to the commencement of trade negotiations.

It is for this reason that the Cabinet has taken a decision that all future trade agreements must have an impact assessment done prior to undertaking trade negotiations, such as was done for the Canada-CARlCOM negotiations.
It will be recalled that impact assessments for the EPA were done between 1999-2004 as follows: 1. impact assessments were done with EU Between 2001-2004, technical assistance both at the national and regional levels across the ACP.

Within CARlFORUM, they were done by individual countries, the OECS Secretariat and the then CRNM.

In Jamaica, a consultant was provided in the context of ACP-EU technical assistance to focus on EPA-related issues.
The region also benefited from impact assessment studies done by extra-regional institutions such as the Commonwealth Secretariat and the Overseas Development Institute (ODI) focusing more generally on the ACP.

11 2.

3.

In 2003-2004, the main CRNM work was done by Greenaway and Milner on the costs and benefits of reciprocity and trade liberalization of sensitive products.

Milner also did a study of the impact on ACP countries on the reduction of export subsidies on sugar.
In 2001, Dr. Christopher Stevens et aI, did work on assessing the EPA impact on sugar and rice.

4.

Work was done by the CRNM around 1999, contracted through the ODI.

It focused on measuring the costs and benefits of trade reciprocity.

5.

6.

Several studies were commissioned by the Regional Preparatory Task Force (RPTF) - a task force comprising CARIFORUM and EC representatives, to focus on areas of need.
These included studies on Competition Policy, Public the EU market, Procurement, SPS measures Competitiveness and Innovation, Technical Barriers to Trade (TBT), and general SPS measures, in order to translate needs for support identified in the course of the negotiations, into operational areas for trade-related and other development assistance.

fisheries access for to In 2007/2008, intra-Ministry assessments were done on the cost to Jamaica in the event that an EPA was not signed.
These revealed that without an EPA, Jamaica would have been compelled to trade under the Generalized Scheme of Preferences (GSP), as the Member States of CARIFORUM are all middle income countries and not beneficiaries of the EU’s Everything but Arms (EBA) initiative which granted duty-free market access to LDCs.

Haiti is the only LDC in CARIFORUM.

In the case of Jamaica, a number of key exports, including alumina, would have had a tariff imposed in the EU market thus making them uncompetitive.
Answer to Part 5 The manufacturing and agricultural sectors would maintain duty-free access into the EU market which, without an EPA, would have its exports accorded Generalized System of Preferences (GSP) treatment.

In the domestic market, under the EPA, tariff liberalization is phased over 25 years and the most sensitive products for agriculture and manufacturing are on the EPA exclusions list.
Services have also been recognized as an area of potential benefit both from investments in the domestic market and market access into the EU.

Development funds are also available to assist CARIFORUM in the context of the European Development Fund (EDF) for the EPA.
12 Answer to Part 6 The 31st meeting of the Council for Trade and Economic Development (COTED), held in Guyana from 2-3 December 2010, indicated that only three CARIFORUM States have, so far, ratified the EPA (Antigua and Barbuda, Dominica and the Dominican Republic) and five (5) EU Member States (Malta, Slovakia, Spain, Sweden and the United Kingdom).

All other Member States of CARICOM and the EU are provisionally applying the Agreement including Jamaica - as provided for in Article 243.3.
Provisional application allows the time for Member States to put in place the necessary measures prior to entry into force.

Haiti is not yet in a position to implement the Agreement.

Most CARICOM Member States have started or are about to commence work on the phased liberalization of tariffs in their domestic market which came into effect on 1 January 2011.

It is now understood that St. Kitts/Nevis and Guyana, by Ministerial Order, have recently commenced the phased liberalization under the EPA.
In fact, St.Kitts/Nevis notified COTED of its readiness to commence phased liberalization of domestic tariffs at its session in December 2010.

Actions being taken by Jamaica: Phased Liberalization of Tariff Lines 1.

Cabinet approval was sought and granted on 6 December 2010, for the commencement of the phased liberalization of tariff lines under the EPA.

This process required in-depth analysis of the schedules by the Ministry of Finance and Public Service.

2.
2.

Drafting instructions were prepared for the Chief Parliamentary Counsel (CPC) for the amendment to the relevant sections of the Customs Act.

A draft has been done and is being reviewed before submission to the House.

3.

The timeline for completion depends on how quickly this can move through the legislative process.

EPA Development Assistance The PIOJ is currently working on the design of an EPA Project for grant funding by the EU.
The project is aligned to the National Export Strategy (NES) to the extent that it seeks to support identified growth sectors of Agriculture [fresh produce and aquaculture] and Agribusiness.

The overall objective of the programme is to foster the creation of an enabling in agriculture, manufacturing and services industries to support the agriculture and agribusiness sectors.

The specific objective is to strengthen competent authorities and sensitise the private sector.
for business development institutional environment 13 Answer to Part 7 Informal contact was made by another CARlCOM Member State concerning this issue.

The CARlCOM Secretariat has not advised of any formal approaches by Member States for the extension of the moratorium.

Answer to Part 8 If a formal request is made, Jamaica would have no difficulty in supporting this as it would allow Member States to complete implementation of this obligation.

Answer to Part 9 Refer to the response in 8.


Answer to Part 10(a) All the African and the Pacific countries are still in the process of negotiating EPAs.

Some countries have entered into interim agreements while others have not.

Jamaica, in the context of the ACP, is sympathetic to their concerns and believes that they should be allowed the space to complete the negotiations in order to achieve the best outcomes.
It should be recalled that many of the ACP countries in Africa and the Pacific are LDCs which are beneficiaries of the Everything But Arms (EBA) Arrangement with the EU.

A general update on the state of play in the EPA negotiations may be found on the website of the European Centre for Development Policy and Management (ECDPM) at www.ecdpm.org.

EPA negotiations are expected to continue in 2011.


Answer to Part 10(b) Having concluded a binding legal agreement with the EU, the Government of Jamaica will meet its obligations under the EPA.

Built into the Agreement are several provisions which allow States-Parties to have dialogue on issues which affect its application in the context of the Trade and Development Committee provided for in Article 230.3 and 246.2.
The Trade and Development Committee is scheduled to hold its first meeting at the end of March/early April 2011.

Recall also, that the EPA is accompanied by significant development support for EPA implementation in the region of about 72 million Euros from the EU.

The EU would be using subsidies in accordance with their Common Agricultural Policy (CAP) and their commitments in the WTO.
The EU is continuing to participate in the agriculture negotiations in the WTO Doha Development Round which includes domestic support (subsidies).

In addition, the WTO has been mandated to monitor the use of protectionist measures during the economic recession.

Jamaica is also participating in 14 trade negotiations in the WTO seeking a greater focus on development concerns.
Jamaica is continuing consultations with the EU to ensure that the trade agreements they have entered into are not detrimental to the concerns of Jamaica, CARIFORUM and the ACP.

This is of greater concern to Jamaica.

Recall that the EU concluded negotiations with the Central American countries in 2010 and it appears that resuming negotiations with Mercosur is still a possibility.
These and other free trade agreements negotiated by the EU will erode preferences secured under the EPA more rapidly than those negotiated in the WTO.

Jamaica and the ACP Group at the WTO in Geneva, also have to ensure that gains secured in the banana negotiations are not reopened or traded away in any move to conclude the Doha Development Round of negotiations (The Minister of Industry, Commerce and Investment, the Honourable Karl Samuda, entered and took his seat).
(Dr. Kenneth Wykeham McNeill, M.P., Westmoreland, Western, entered and took his seat).

Dr. Donald Rhodd asked the Minister of Transport and Works the following question: Part 1.

Part 2.

Part 3.

Part 4.

Part 5.

Part 6.

Whether or not he is aware of the deplorable state of the main road between Brandon Hill in Saint Andrew, and Gray’s Inn in Saint Mary, popularly known as the Junction Road?
If the answer to Part 1 is in the affirmative, what plans are being made to construct or reconstruct retaining walls, the absence of which threaten the integrity of this major corridor, as well as the stability of some bridges along this corridor?

If the answer to Part 1 is in the negative, when will the Minister visit this corridor in order to apprise himself of the sorry state of this main road?
Whether or not an investigation was done or is being done, following an accident in December, involving a bus carrying several passengers, which careened off the road at Brandon Hill and fell into a ravine?

If the answer to Part 4 is in the affirmative, when will the findings be made available?

If the answer to Part 4 is in the negative, whether or not he is considering requesting such an investigation?

15 Part 7.

Part 8.
15 Part 7.

Part 8.

Whether or not this main corridor is slated for reconstruction under the Jamaica Infrastructure Development Programme and, if the answer is in the affirmative, what is the time-table for carrying out this work?

If the answer to Part 7 is in the negative, what programme is being designed to address the reconstructions and improvement of this major corridor?
The Minister of Transport and Works, the Honourable Lester Michael Henry, responded as follows: Answer to Part 1 Yes and plans are already at work to correct the prevailing conditions.
Answer to Part 2 improving the drainage system which exist in the area, the construction of retaining walls There are plans to upgrade this corridor by:    making the necessary improvements to the road surface the installation of safety features along the corridor  Answer to Part 3 Not applicable Answer to Part 4 Yes, an investigation was carried out by the Police from the St. Andrew North Division.

We await the receipt of the Police Report of the accident which took place December 30, 2010.
The Road Safety Unit will, on receipt of the report, complete an analysis of the incident and corrective action will be taken.

Answer to Part 5 The findings will be made available within 30 days of receipt of the report.

Answer to Part 6 Not applicable 16 Answer to Part 7 No, this road corridor is not on the Jamaica Development Infrastructure Programme (JDIP).

However, some of the critical walls will be constructed under this programme.
Answer to Part 8 This roadway is currently under the Government of Jamaica/Kuwait Fund for Arab Economic Development Programme.

The following are the achievements to date and future plans: a) Engineering design of Roadway.

The designs were completed in mid 2009. b) Land Acquisition In 2010 the GOJ engaged land surveying services to have the affected parcels of land identified and surveyed for the purpose of land acquisition which is now approximately 60% complete.
All (350) affected parcels have been identified and it is proposed to commence the physical acquisition of Lands in April 2011. c) Relocation of affected Utilities Most of the affected utility poles will be scheduled for relocation as soon as access is gained to the required properties and the remainder would be done when the Works Contractor carries out the earthworks.

The waterline relocation will form part of the Works Contract.
d) Environmental Permit An application has been submitted to the National Environment and Planning Agency (NEPA) and is expected to be granted before commencement of the Civil Works Contract in mid 2012.

NEPA will monitor the project during the construction phase to ensure compliance.

e) Proposed Milestones and Duration:  Completion of Preparatory Works - Sept. 2012  Construction Period (Oct. 2012 - Mar.
2015) - 30 Months  Defects Liability Period (March 2015 - March 2016) - 12 Months PRESENTATION OF BILLS WITHOUT LEAVE OF THE HOUSE FIRST OBTAINED The Minister of State in the Office of the Prime Minister, the Honourable Robert Montague, moved to introduce and have read a first time the Bills shortly entitled “The Kingston and St. Andrew Corporation General Election (Postponement) Act, 2011” and “The Parish Councils General Election (Postponement) Act, 2011”.

Clerk read Bills a first time.


17 Notice of second reading given.

The Minister of State in the Office of the Prime Minister further gave notice that at a later stage that day, he would move for the suspension of the Standing Orders to enable him to move for second reading of the Bills and to take them through all their concluding stages.
PUBLIC BUSINESS The Minister of State in the Office of the Prime Minister, having obtained suspension of the Standing Orders, moved that the Bills entitled “An Act to Postpone the holding of a General Election under the Kingston and St. Andrew Corporation Act and for purposes connected therewith” and “An Act to Postpone the holding of a General Election under the Parish Councils Act and for purposes connected therewith” be now read a second time.
(Mr. Ernest Smith, M.P., St. Ann, South Western, entered and took his seat).

(The Minister of Youth, Sports and Culture, the Honourable Olivia Grange, entered and took her seat).

(The Minister of Water and Housing, the Honourable Dr. Horace Chang, entered and took his seat).
Mr. Colin Fagan; Mr. Fitz Jackson; Dr. Peter Phillips; Mr. Peter Bunting; Mr. Clive Mullings; Dr. Donald K. Duncan; the Minister of Labour and Social Security, the Honourable Pearnel Charles; the Minister of State in the Ministry of Water and Housing, the Honourable Everald Warmington; and Dr. Donald Rhodd also spoke to the motion.

Seconded by: Mr. Franklin Witter.

Agreed to.

Clerk read Bills a second time.


The House resolved itself into a committee of the whole House to consider the Clauses of the Bills.

A Bill entitled “An Act to Postpone the holding of a General Election under the Kingston and St. Andrew Corporation Act and for purposes connected therewith”: Clauses 1 – 4 agreed to.

The Title and Enacting Clause agreed to.

The question that the Chairman do report the Bill to the House was agreed to.
18 A Bill entitled “An Act to Postpone the holding of a General Election under the Parish Councils Act and for purposes connected therewith”.

Clauses 1 – 4 agreed to.

The Title and Enacting Clause agreed to.

The question that the Chairman do report the Bills to the House was agreed to.

The House resumed.

The Bills having been reported to the House without amendment, the Minister of State in the Office of the Prime Minister moved that the Bills be read a third time.
On the question that the Bill entitled “An Act to Postpone the holding of a General Election under the Kingston and St. Andrew Corporation Act and for purposes connected therewith” be read a third time, the House divided as follows: Ayes - E. Bartlett, St. A. Bartlett, K. Baugh, L. Broderick, H. Chang, P. Charles, M. Dalrymple Philibert, A. Gallimore, O.
B. Golding, O. Grange, L. M. Henry, J. Hibbert, A. Holness, W. J. C. Hutchinson, O. Lawrence, D. Mair, R. Montague, C. Mullings, T. Peralto, J. Robertson, S. Robinson, K. Samuda, A. Shaw, D. Smith, E. Smith, R. Spencer, M. Stern, C. Tufton, E. Warmington, F. Witter - 30 Noes – N. Arscott, L. Buchanan, P. Bunting, R. Clarke, O. Davies, D. K. Duncan, C. Fagan, F. Ferguson, M. Guy, L. Hanna, I. Hayles, S. Hay-Webster, G. A. Hylton, F. Jackson, D. Kellier, K. McNeill, N. Neita-Headley, P. Paulwell, M. Peart, P. Phillips, R. Pickersgill, D. Rhodd, P. Simpson Miller – 23 Absent – P. Harris, M. Henry-Wilson, D. Peart, K. Spencer, R. Thwaites, D. Vaz - 6 Passed in the affirmative.
Clerk read Bill a third time.

Bill passed without amendment.

On the question that the Bill entitled “An Act to Postpone the holding of a General Election under the Parish Councils Act and for purposes connected therewith” be read a third time, the House divided as follows: Ayes - E. Bartlett, St. A. Bartlett, K. Baugh, L. Broderick, H. Chang, P. Charles, M. Dalrymple Philibert, A. Gallimore, O.
B. Golding, O. Grange, L. M. Henry, J. Hibbert, A. Holness, W. J. C. Hutchinson, O. Lawrence, D. Mair, R. Montague, C. Mullings, 19 T. Peralto, J. Robertson, S. Robinson, K. Samuda, A. Shaw, D. Smith, E. Smith, R. Spencer, M. Stern, C. Tufton, E. Warmington, F. Witter - 30 Noes – N. Arscott, L. Buchanan, P. Bunting, R. Clarke, O. Davies, D. K. Duncan, C. Fagan, F. Ferguson, M. Guy, L. Hanna, I. Hayles, S. Hay-Webster, G. A. Hylton, F. Jackson, D. Kellier, K. McNeill, N. Neita-Headley, P. Paulwell, M. Peart, P. Phillips, R. Pickersgill, D. Rhodd, P. Simpson Miller – 23 Absent – P. Harris, M. Henry-Wilson, D. Peart, K. Spencer, R. Thwaites, D. Vaz - 6 Passed in the affirmative.
Clerk read Bill a third time.

Bill passed without amendment.

ADJOURNMENT At 7:32 p.m., the Minister of Education and Leader of the House, moved that the House do now adjourn to Tuesday, February, 22, 2011 at 2:00 p.m., o’clock.

Seconded by: Mr. Othneil Lawrence.

Agreed to.

The House adjourned accordingly.

………………………………………… Delroy H. Chuck, MP Speaker 20