Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697807759674.pdf (Jamaica)
ORDER OF BUSINESS OF THE SENATE OF JAMAICA FRIDAY, SEPTEMBER 13, 2013 PRAYERS STATEMENTS BY MINISTERS ANNOUNCEMENTS BILLS BROUGHT FROM THE HONOURABLE HOUSE OF REPRESENTATIVES PETITIONS PAPERS REPORTS FROM COMMITTEES NOTICES OF MOTIONS GIVEN ORALLY QUESTIONS AND ANSWERS TO QUESTIONS (For answer on the 28th (For answer on the 12 th (For answer on the 2 nd (For answer on the 9 (For answer on the 16 day of June, 2013 – Questions No.

4, 5, 6 and 8) day of July, 2013 – Question No.


10) day of August, 2013 – Question No.

15) day of August, 2013 – Question No.

16) day of August, 2013 – Questions No.
17 and 18) th th MOTIONS THAT MAY BE MADE AT THE COMMENCEMENT OF PUBLIC BUSINESS REQUIRING NOTICE MOTIONS RELATING TO SITTINGS OF THE SENATE MOTIONS FOR LEAVE TO INTRODUCE BILLS PRESENTATION OF BILLS WITHOUT LEAVE OF THE SENATE FIRST OBTAINED PUBLIC BUSINESS PRESENTATION OF BILLS WITHOUT LEAVE OF THE SENATE FIRST OBTAINED Page 2 of 12 Notice given on 31.07.2013 The Minister of Foreign Affairs and Foreign Trade and Leader of Government 1. Business to move to introduce and have read a first time a Bill shortly entitled “The Terrorism Prevention (Amendment) Act, 2013”.
GOVERNMENT BUSINESS Page 3 of 12 PRIVATE MEMBERS’ MOTIONS NOTICE GIVEN ON FRIDAY, 29TH JUNE, 2012 Page 4 of 12 1.

Senator Knight – To move – [No.
1] BE IT RESOLVED that the Report of the Standing Orders Committee of the Senate on its deliberations on a Private Members’ Motion regarding lunch break during sittings of the Senate, which was laid on the Table of the Senate on the 29th day of June, 2012, be approved; BE IT FURTHER RESOLVED that the recommendations contained in the draft report be adopted and the draft amendments, having been accepted by the Standing Orders Committee, be approved, notwithstanding Standing Order 84: AND BE IT FURTHER RESOLVED that the amendments be incorporated in the Standing Orders.
NOTICE GIVEN ON FRIDAY, 22ND FEBRUARY, 2013 2.

Senator Johnson Smith – To move – [No.
4] WHEREAS it is indisputable that education is most often necessary for personal economic mobility, and an educated population is fundamental to our nation’s development; AND WHEREAS the number of unemployed women in Jamaica is almost twice the number of unemployed men and this has been the case for many years; AND WHEREAS for more than 10 years, almost 20% of live births in Jamaica have been to adolescents between the ages of 10 and 19; AND WHEREAS empirical data show that, without intervention, girls who get pregnant are less likely to fulfil their academic and economic potential and that of their children, and this inures to their individual detriment as well as to the overall detriment of national development; AND WHEREAS section 31 of the regulations to the Education Act compels the expulsion from school of adolescents girls who become pregnant, but does not mandate their re-admission to the formal education system; AND WHEREAS the Education Act provides for no consequence for the male involved in the pregnancy, which is in itself discriminatory on the basis of gender and accordingly contravenes the principles of non-discrimination set out in section 13 of the Constitution of Jamaica: BE IT RESOLVED that this Honourable Senate call upon the Government to amend section 31 of the regulations to the Education Act in such terms as will ensure that every Jamaican girl, regardless of circumstances, is entitled to completion of her formal education at the secondary level.
NOTICE GIVEN ON FRIDAY, 1ST MARCH, 2013 Page 5 of 12 3.

Senator Montague – To move -- [No.
6] WHEREAS Parish Councils have the responsibility for the care of the indigent, including their housing needs; AND WHEREAS no funds have yet been provided in their Budgets for this item; AND WHEREAS the Board of Supervision, in its last report, estimates that it will cost approximately 70 million dollars to repair, replace and improve the indigent housing stock to acceptable standards: BE IT RESOLVED that the Senate recommend to the Government that in the Budget for 2013/1014 there be an adequate provision for indigent housing, equal to its provision for social housing, whether from the Community Development Fund or from the National Housing Trust surplus of funds.
NOTICE GIVEN ON FRIDAY, 8TH MARCH, 2013 4.

Senator Montague – To move – [No.
8] WHEREAS Parish Councils have responsibility for the provision and maintenance of municipal and rural markets, as well as infirmaries and golden age homes; AND WHEREAS over the years these markets, infirmaries and homes have become very costly to operate, as a result of many factors; AND WHEREAS one of the largest costs in their operations has been the cost of energy, which is estimated to be some 40 percent of the cost of operations; AND WHEREAS these markets, infirmaries and homes are vital to communities across the country, but, due to the economic challenges facing the nation at this time, it is feared that their operations might be adversely affected: BE IT RESOLVED that this Honourable Senate recommend to the Government that it use the Equalization Fund in the Ministry of Local Government and Community Development to continue the programme of installing alternate energy systems in markets and infirmaries; BE IT FURTHER RESOLVED that the Infirmary and Golden Age Homes Farming Programme be continued; AND BE IT FURTHER RESOLVED that the successful Trelawny energy system and the St. Thomas and St. Mary Farm Programmes, the latter of which was undertaken jointly with the Food and Agriculture Organisation (FAO), to be used as models in carrying out these initiatives.
NOTICE GIVEN ON FRIDAY, 15TH MARCH, 2013 Page 6 of 12 5.

Senator Montague – To move – [No.
9] WHEREAS the Honourable Minister of Finance has announced an increase of approximately 160% in the property tax rates from 0.7% to 2% of the unimproved value of land, on all plots valued over $1m, to become effective on April 1, 2013; AND WHEREAS the National Land Agency has announced that land valuation rates will be increased effective September 1, 2013, and these increased rates will be used to calculate property taxes, effectively occasioning two increases in one year to taxpayers; AND WHEREAS pensioners, Government workers, minimum wage earners and other fixed income persons will find one increase difficult, let alone two increases in one Financial Year, which will be burdensome, if not cruel and callous; AND WHEREAS the systems of relief for property taxes to the poor and vulnerable are cumbersome and extremely bureaucratic; AND WHEREAS the announced increased property taxes and values were not accompanied by measures to increased compliance and the new taxes are only being applied to those who pay: BE IT RESOLVED that the Senate recommend to the Government that the effective date of implementation of increased property taxes be stayed until the new valuation rates are announced, at which time the Government must remain flexible to reduce the rates of the property taxes, if the increase in values are too steep; BE IT FURTHER RESOLVED that a simple, accountable and transparent system of relief be put in place to bring relief to pensioners, minimum wage earners, Government workers, the poor and vulnerable; AND BE IT FURTHER RESOLVED that the Government continue the programme for increased compliance, started by the last administration, that saw an increase in compliance from 39% to 50%, over a three year period; AND BE the previous administration’s programme to extend garbage collection and street lighting, services paid for by property taxes, to more communities, especially in rural areas and housing schemes.
IT FURTHER RESOLVED the Government continue that NOTICE GIVEN ON FRIDAY, 17TH MAY, 2013 6.

Senator Grant – To move – [No.
10] WHEREAS the modernization and strengthening of the agricultural sector could contribute significantly to accelerated rural development and more sustainable national economic growth; AND WHEREAS the cooperative structure provides the institutional framework for legal incorporation of large and small farmers in the leading agricultural economies of the world and is Page 7 of 12 more suitable than registration as private or public joint-stock companies for the incorporation of small and medium farms; AND WHEREAS the existing Jamaican legislation regulating cooperatives is outdated and cannot provide the stimulus and the supportive framework required by small- and medium-sized farm enterprises; AND WHEREAS these laws, in fact, erect constraints and create disincentives to the capitalization of cooperatives, thereby placing barriers in the path to viability of our small and medium farm operations; BE IT RESOLVED that this Honourable Senate recommend that the Government urgently undertakes a comprehensive review of the Cooperative Societies Act, similar to that recently done for the Companies Act, in order to replace it with modern, practical and effective legislation which can help to advance the country’s development needs; BE IT FURTHER RESOLVED that such revised legislation be designed to remove the restriction on legal entities becoming members of cooperatives and provide scope for capitalization for all types of cooperatives.
NOTICE GIVEN ON FRIDAY, 7TH JUNE, 2013 7.

Senator Dr. Tufton – To Move – [No.
11] WHEREAS primary jurisdictional responsibility for infrastructure related to water and roads resides with the National Water Commission and the National Works Agency, respectively; AND WHEREAS the typical procedure is for each agency to conduct its respective infrastructure development and maintenance in a manner that appears to lack coordination resulting in road and water related jobs overlapping in a manner that causes duplication of efforts and waste of resources; AND WHEREAS Jamaican taxpayers lose millions of dollars due to an apparent lack of coordination between these roads and water infrastructure work: BE IT RESOLVED that the Government review the current procedure and funding arrangements for road and water related infrastructure maintenance and development and prescribe an approach that minimises waste and inconvenience caused by lack of coordination and funding arrangements.
NOTICE GIVEN ON FRIDAY, 21ST JUNE, 2013 8.

Senator Dr. Tufton – To move – [No.
12] WHEREAS the Parliamentary Opposition is in support of the principles of the Caribbean Community (CARICOM) working together on matters of regional and individual territorial interests; Page 8 of 12 AND WHEREAS the Parliamentary Opposition has recognised and accepted that there are several benefits to be derived by Jamaicans and Caribbean people through the collaboration of Caribbean Countries on matters of common regional importance; AND WHEREAS there is a recognition that Caribbean people have benefited in critical areas such as education and training, regional security enforcement, natural disaster management, and lobbying in the international arena on matters of regional importance; AND WHEREAS there are concerns by sections of Jamaica’s business community and the Parliamentary Opposition that on matters of CARICOM trade the treaty of Chaguaramas, either in its breach or its application, has not served the best interests of the Jamaican economy: BE IT RESOLVED that this Honourable Senate recommend that the Government establish a mechanism to consult with local private sector and other stakeholder groups to examine the issues of concern raised by these stakeholders, particularly as it relates to rules of origin and the alleged energy subsidies by our CARICOM trade partner, Trinidad and Tobago, and its possible impact on the Jamaican economy.
9.

Senator Johnson Smith – To move – [No.
13] WHEREAS over the past 12 months an unprecedented number of pregnant women have been killed in Jamaica; AND WHEREAS over the past 12 years more than 1600 children have been killed in Jamaica and many more have been the victims of abuse; AND WHEREAS the incidence and barbarity of attacks against women and children continue to increase: BE IT RESOLVED that a Joint Select Committee be convened to: (a) Consider and recommend amendments to the Offences against the Person Act, the Sexual Offences Act and the Child Care and Protection Act, with a view specifically to defining, re-defining or augmenting, as appropriate, offences and punishments to be applied to: (i) the murder of pregnant women; (ii) assault of women, children or the elderly; (iii) sexual offences against women, children and the elderly; (iv) such other violent crimes perpetrated against women, children and the elderly, as may be deemed by the Committee to be relevant to such a review; and (b) consider and make recommendations regarding any deficiencies in the operation of such laws, which upon review may be deemed by the Committee to be necessary for improved protection of women, children and the elderly, and better administration of justice.
NOTICE GIVEN ON FRIDAY, 19TH JULY, 2013 Page 9 of 12 10.

Senator Johnson Smith – To move – [No.
14] WHEREAS the public health goal of reducing exposure to tobacco smoke in public places is commendable, in the interests of Jamaicans as a whole, and has had support across administrations; AND WHEREAS on July 15, 2013, the Public Health (Tobacco Control) Regulations, 2013, (“the regulations”) were brought into effect by the Minister of Health; AND WHEREAS these regulations have introduced a radically new regime affecting the personal lives and businesses of many Jamaican citizens; AND WHEREAS, if the policy goals of the regulations are to be achieved, it is important that the new regime be reasonable, enforceable and enforced rather than honoured in the breach; AND WHEREAS despite the powers granted to the Minister by the Public Health Act, the enactment of these important regulations without parliamentary debate was ill-advised given the scope and extent of the potential impact of the regulations; AND WHEREAS the transition period of six months granted under regulation 20 applies to business operations, but not to ordinary Jamaicans: BE IT RESOLVED that this Honourable Senate call upon the Minister of Health: (a) To immediately Table the regulations in the Parliament for debate and review, notwithstanding any Ministerial powers exercised by him under the Public Health Act; and (b) To immediately suspend, for no less than six months, enforcement of the regulations against individuals, and in particular regulations 3(3), 8 and 12.
NOTICE GIVEN ON FRIDAY, 26TH JULY, 2013 11.

Senator Arthur Williams – To move – [No.

15] WHEREAS, during the sitting of the Senate on the 28th day of June, 2013, in the course of a debate, Senator Lambert Brown said: Mr. Brown: Mr. Chairman, I am surprised at my friend, Senator Tufton, who sat in a Cabinet in which the Minister of Finance utilized the Ministry of Finance to target Members of Parliament and businesses – no I am being very clear.
Because there is no history of abuse of the laws on this side; there has been history where the laws have been used against political opponents.
AND WHEREAS the allegation made by Senator Brown was made against the Member of Parliament for Manchester, North East who was not present in the Senate to defend himself against Page 10 of 12 the allegation of Senator Brown, which allegation, if untrue, is defamatory on the Member of the House of Representatives; AND WHEREAS Senator Brown imputed an improper motive to a Member of one of the Houses of Parliament, contrary to Standing Order 35(5); AND WHEREAS Senator Brown raised the matter of the conduct of a Member of the House of Representatives other than on a substantive motion, contrary to Standing Order 35(7); AND WHEREAS Senator Brown did not seek to give any basis for his allegation; AND WHEREAS the allegation made by Senator Brown is untrue; AND WHEREAS Standing Order 43(13) states that nothing in Standing Order 43 shall be taken to prevent the Senate from proceeding against any Member for any breach of order not specified therein: BE IT RESOLVED that this Senate censure Senator Lambert Brown; BE IT FURTHER RESOLVED that, unless Senator Brown withdraws the allegation made, apologises to the Senate and apologises to the Member of Parliament for Manchester, North East, Senator Brown be suspended from the service of the Senate for the next two sittings.
12.

Senator Gayle – To move – [No.
16] WHEREAS investing in education and skills for both men and women to help economies achieve dynamic growth with quality jobs is a pressing priority around the globe; AND WHEREAS a tripartite body of Government, employers and workers should coalesce to create a platform squarely focussed on this effort; AND WHEREAS this platform would provide practical guidance for strengthening education, vocational training and lifelong learning, as central pillars of employability for workers and sustainability for enterprises within the decent work agenda; AND WHEREAS this platform would highlight and manifest how skills development can be an important tool for reducing poverty and exclusion, and enhancing competitiveness and employability; AND WHEREAS it is recognised that skill development will not by itself lead to improved productivity and employment and that the proposed platform must include other critical factors such as employment and productivity policies, respect for workers’ rights, gender equality, health and safety standards, good labour relations, social dialogue and effective social protections: BE IT RESOLVED that this Honourable Senate debate the formation of this platform with a view to making recommendations to the Government regarding their inclusion in the Labour Market Reform Agenda.
13.

Senator Skeffery – To move – Page 11 of 12 [No.
17] WHEREAS an alarming number of graduates still leave our high school education system each year without any certification; AND WHEREAS the Government is seeking to maximise efficiency in our education system; AND WHEREAS there is currently an over supply of trained teachers in Jamaica; AND WHEREAS there are several private colleges and universities providing accredited teacher training at no cost to the Government: BE IT RESOLVED that the Government undertake a comprehensive review of the functions of Government-run teachers’ colleges with a view to: (a) Determining the effectiveness of teacher training programmes; (b) Refining the teacher training curriculum to maximise its effectiveness; and (c) Streamlining and focussing teacher training to address current pressing national educational needs.
BE IT FURTHER RESOLVED that the Government give serious consideration to out-sourcing generalized teacher training to private institutions, while re-organising Government-run teacher training institutions to focus on specific needs and aims.

REFERRED TO COMMITTEE Page 12 of 12 08.06.2012 1.

Standing Orders Committee to consider and report on Private Members’ Motion No.

4 of 2012, as amended, regarding a comprehensive review of the Standing Orders, brought by Senator Arthur Williams.

14.12.2012 2.
14.12.2012 2.

Special Select Committee to sit jointly with a similar committee appointed by the House of Representatives to consider and report on a Private Bill entitled “AN ACT to Amend the Baptist Mid- Missions in Jamaica (Incorporated) Act so as to change the name of the Act; and for connected matters.” 3.
Special Select Committee to sit jointly with a similar committee appointed by the House of Representatives to consider and report on a Private Bill entitled “AN ACT to Amend the Pentecostal Assemblies of the World of Jamaica (Incorporation and Vesting) Law.” 4.
Special Select Committee to sit jointly with a similar committee appointed by the House of Representatives to consider and report on a Private Bill entitled “AN ACT for the incorporation of The International Missionary Society Seventh-Day Adventist Church Reform Movement Jamaican Field and the vesting of property in the body so incorporated.” 18.01.2013 5.
Special Select Committee to sit jointly with a similar committee appointed by the House of Representatives to consider and report on the operations of the Cybercrimes Act, relative to the review of the legislation in accordance with the provisions of the Act.

10.05.2013 6.
10.05.2013 6.

Special Select Committee to sit jointly with a similar committee appointed by the House of Representatives to consider and report on the operations of the Independent Commission of Investigations Act, relative to the review of the legislation in accordance with the provisions of the Act.

07.06.2013 7.
07.06.2013 7.

Special Select Committee to sit jointly with a similar committee appointed by the House of Representatives to consider and report on a Private Bill entitled ”AN ACT for the incorporation of the Church of Haile Selassie I and the vesting of certain property in the body to incorporated”.

28.06.2013 8.
28.06.2013 8.

Special Select Committee to sit jointly with a similar committee appointed by the House of Representatives to consider and report on a Private Bill entitled “AN ACT for the Incorporation of the Power of Faith Ministries International and the vesting of property in the body so incorporated.” 05.07.2013 9.
Special Select Committee to sit jointly with a similar committee appointed by the House of Representatives to consider and report on a Bill shortly entitled “The Criminal Justice (Suppression of Criminal Organizations) Act, 2013”.

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