Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697795538858.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 Wednesday, the 4th DAY OF MAY, 2011 PRAYERS Prayer was offered by Mrs. Sharon Hay-Webster OATH OF ALLEGIANCE Mr. Everald Warmington took the Oath of Allegiance and his seat as Member of Parliament for St. Catherine, South Western.

CALL OF THE ROLL PRESENT WERE: Hon.


Delroy Hawmin Chuck, M.P., Speaker Mrs. Marisa Colleen Dalrymple-Philibert, M.P., Deputy Speaker Hon.

Andrew Michael Holness, M.P., Minister of Education and Leader of the House Hon.

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

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

Dr. Horace Anthony Chang, M.P., Minister of Water & Housing 1 Hon.

Rudyard Conrad Spencer, M.P., OD, Minister of Health Hon.
Lester Michael Henry, M.P., CD, Minister of Transport & Works Hon.

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

Daryl Wesley Phillip Vaz, M.P., Minister without Portfolio in the Office of the Prime Minister with responsibility for Information and Communication Hon.

Shahine Elizabeth Robinson, M.P., Minister of State in the Office of the Prime Minister Hon.
William James Charles Hutchinson, M.P., Minister of State in the Ministry of Agriculture and Fisheries Mr. Colin Alfred Alexander Fagan, M.P., St. Catherine, South Eastern Dr. Fenton Rudyard Ferguson, M.P., St. Thomas, 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 Mr. Joseph Uriah Hibbert, M.P., St. Andrew, East Rural Mr. George Anthony Hylton, M.P., St. Andrew, Western Mr. Derrick Flavius Kellier, M.P.
CD, St. James, Southern Mr. Desmond Gregory Mair, M.P., St. Catherine, North Eastern Dr. Kenneth Wykeham McNeill, M.P., Westmoreland, Western Mrs. Natalie Gaye Neita-Headley, M.P., St. Catherine, East Central Mr. Phillip Feanny Paulwell, M.P., Kingston Eastern & Port Royal Mr. Tarn Andrew Peralto, M.P., St. Mary, South Eastern Dr. Peter David Phillips, M.P., St. Andrew, East Central 2 The Most Hon.
Portia Lucretia Simpson Miller, ON, M.P., St. Andrew, South Western and Leader of the Opposition Mr. Derrick Charles Smith, M.P., St. Andrew, North Western Rev.

Ronald George Thwaites, M.P., Kingston, Central Mr. Clifford Everald Errol Warmington, M.P., St. Catherine, South Western NOTICES OF MOTIONS GIVEN ORALLY Mr. Everald Warmington gave notice that at the next meeting of the House he would move the following motions: WHEREAS sections of South West St. Catherine are subject to constant flooding; 1.
AND WHEREAS the main areas affected are Old Harbour Bay, Big Pond, Panton Street, Nightingale Grove, Bushy Park, Hartlands, Windsor Avenue, Windsor Road and Duncans Pen Road; AND WHEREAS one of the causes of this flooding is the lack of adequate maintenance of the drainage system throughout the Constituency; AND WHEREAS the natural waterway of the Cobourne Gully is compromised and the size of the outflow is reduced by the construction of Highway 2000, causing severe flooding of an historic nature to Nightingale Grove, Five Acres, Grove Farm and the High House communities; AND WHEREAS the McVickers Gully and Town Gully are similarly compromised and the sizes of the outflows reduced by the construction of Highway 2000, causing severe flooding in the Windsor Avenue, Windsor Road and Duncans Pen communities; AND WHEREAS New Era Homes at its own expense constructed an extensive dyke system along the Cobourne Gully from the Old Harbour/Spanish Town main road to the Bushy Park bridge, which has prevented the constant flooding of the Vineyard communities: BE IT RESOLVED that Parliament call on this Government to take immediate action to complete the dyke started by New Era Homes, from the Bushy Park bridge to Salt Island Creek as was intended, so as to relieve the constant flooding and suffering of the people of Bushy Park; BE IT FURTHER RESOLVED that the Government move with great urgency to correct and eliminate the flooding that constantly affects Big Pond, Old Harbour Bay, Panton Street and Hartlands; AND BE IT FURTHER RESOLVED that the Government take the necessary actions to have developers of Highway 2000, Bouygues T.P., to rectify the satiation created by them, that is 3 causing the flooding at Nightingale Grove and surrounding communities and the communities of Windsor Avenue, Windsor and Duncans Pen Roads.
2.
WHEREAS Parliament has relied on the 23rd Edition of Erskine May’s Parliamentary Practice for guidance on Parliamentary dress code; AND WHEREAS the Jamaica Parliament has never taken an official position on Parliamentary dress code and has instead relied on the ruling of the Speaker of the day for its interpretation; AND WHEREAS the ruling of individual Speakers are open to different interpretations: BE IT RESOLVED that this honourable House mandate the Standing Committee of Parliament to study the issue of Parliamentary dress code and submit a comprehensive recommendation to Parliament for adoption.
3.
WHEREAS section 35(3) of the Representation of the People Act states that “the elector shall forthwith enter the enclosed area of the polling centre so provided and there make a cross with a black lead pencil within the space containing the name of the candidate of his choice”; AND WHEREAS there are other implements other than a black lead pencil that can also effect such mark for the candidate of one’s choice; AND WHEREAS there are other marks other than a cross that an elector may make in the place containing the name of the candidate of one’s choice: BE IT RESOLVED that this honourable House take the necessary action to have the appropriate amendments done to section 35(3) of the Representation of the People Act, to provide that any implement that an elector finds appropriate or convenient to use to make the required mark shall be lawful; AND BE IT FURTHER RESOLVED that further amendments be made to the said section 35(3) of the Representation of the People Act to make any mark placed on a ballot by an elector in the place containing the name of the candidate of his choice valid, and not limited to a cross.
4.
WHEREAS section 41A(1) of the Representation of the People Act specifies that “every candidate in an election may appoint such persons as he thinks fit to be an outdoor agent and shall issue to any such outdoor agent appointed by him a certificate of appointment in the prescribed form specifying the polling station in respect of which the agent is appointed”; AND WHEREAS in many cases Returning Officers, Election Day Workers, Auxilliary or One Day Police and members of the security forces have prevented these said agents from effectively carrying out the functions for which they were appointed; 4 AND WHEREAS the reason given is that these agents cannot be on the compound where the poll is being conducted, and in other cases that these agents must be hundreds of metres away from the polling stations; AND WHEREAS section 77(1) of the Representation of the People Act does not apply to outdoor agents; AND WHEREAS section 41A(3) of the Representation of the People Act specifies the distance of the outdoor agent to be not less than 20 yards from the polling station; AND WHEREAS no agent can carry out the function for which he or she is appointed, being such distance from where polling is being conducted: BE IT RESOLVED that section 41A(1) of the Representation of the People Act be amended to allow the persons appointed by a candidate as his agents, to be within the precincts of and closer than the 20 yards to the polling stations, as now specified, so that the agents will be able to carry out the duties for which they were appointed.
5.

WHEREAS section 44(3) of the Representation of the People Act states “if in the course of counting the votes any ballot paper is found with the counterfoil still attached thereto, the presiding officer shall (carefully concealing the numbers thereon from all persons present and without examining them himself) remove and destroy such counterfoil.

He shall not reject the ballot merely by reason of his former failure to remove the counterfoil”.
BE IT RESOLVED that this section be amended to add “or that the counterfoil is removed above or below the perforated lines”.

6.
WHEREAS section 33 of the Representation of the People Act specifies that “the poll shall be taken in each polling station…between the hours of seven o’clock in the forenoon and five o’clock in the afternoon”; AND WHEREAS there are many changes to the circumstances which influenced the setting of the time for polling; AND WHEREAS we are now in an electronic age: BE IT RESOLVED that section 33 of the Representation of the People Act be amended, allowing the time for polling on an election day to be between the hours of six o’clock in the forenoon and seven o’clock in the afternoon.
7.
WHEREAS section 3(1)(a) of the First Schedule of the Electoral Commission (Interim) Act, 2006, specifies that a Commissioner must be a Jamaican, resident in Jamaica; 5 AND WHEREAS at least one member of the present Electoral Commission is not a Jamaican, resident in Jamaica, by being a resident of Barbados for the past seven to eight years, and has most recently, moved his residency to the Bahamas: BE IT RESOLVED that this honourable House exercise its prerogatives as set out in section 4 (5) (b) of the First Schedule of the Electoral Commission (Interim) Act, 2006, and remove this and any other individual member or members of the Electoral Commission of Jamaica.
8.
WHEREAS section 7(2) of the First Schedule of the Electoral Commission of Jamaica (Interim) Act, 2006, provides for members of the Electoral Commission to be paid emoluments equal to that of a Puisne Judge; AND WHEREAS Parliament amended this provision to provide an emolument for the Chairman of the Commission equal to that of a Senior Puisne Judge; AND WHEREAS the Commissioners have established a most generous pension, gratuities and retirement benefit schemes for themselves, because of section (10)(1) of the Electoral Commission (Interim) Act, 2006; AND WHEREAS section 7(2) of the First Schedule of the Electoral Commission (Interim) Act, 2006 was for Commissioners to be employed on a full-time basis; AND WHEREAS the Commissioners meet only on a part-time basis, averaging four hours per month and when there are no elections or enumeration they do not meet for up to three months; AND WHEREAS the task being performed by the Commissioners can in no way be compared to that being performed by Puisne Judges or Senior Puisne Judges, who have to work long hours doing extensive researches, trials, among other duties; AND WHEREAS those persons who serve on other Governmental Commissions, eg: the Police Services Commission, the Public Service Commission among others, do not receive as generous a package as those serving on the Electoral Commission; AND WHEREAS there are many unfortunate Jamaicans who have to work up to seventy hours a week at minimum wage just to meet the basic needs of their families, while others are living in abject poverty: BE IT RESOLVED that this honourable House amend the Electoral Commission (Interim) Act, 2006, by deleting section 10(1) and sections 7(2), 7(3) and 7(4) of the First Schedule of the said Act.
AND BE IT FURTHER RESOLVED that the emolument to be paid to Commissioners be commensurate with the part-time job they now perform and in line with that paid to members of other Governmental Commissions and members serving on Government Boards.

6 9.
WHEREAS the road infrastructure in most of the housing schemes in Jamaica are in deplorable conditions; AND WHEREAS some of these housing developments are in existence for over forty to fifty years; AND WHEREAS successive Governments at the central and local level have refused to assume full responsibility for these infrastructure; AND WHEREAS such action by Government result in severe difficulty and suffering for Jamaicans living in these housing schemes; AND WHEREAS these residents are tax payers, most of whom are poor, less fortunate Jamaicans; BE IT RESOLVED that Parliament call on the Government to immediately assume full responsibility for all road infrastructure in housing schemes throughout Jamaica, and commence the repairs and rehabilitation needed to bring all these roads to proper and usable conditions; AND BE IT FURTHER RESOLVED that in all future developments, a condition of developmental approval, is that at the time of issuance of the first title to a home owner, the titles to all road infrastructure and common areas be transferred to the Local Government, Kingston and St. Andrew Corporation, or any other local authority, including but not limited to the National Works Agency, in order that such entity can exercise the right of ownership inclusive of maintenance.
PUBLIC BUSINESS The Minister of Transport and Works, the Honourable Lester Michael Henry continued debate on the motion that 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, 2012, and to appropriate the sums granted in this Session of Parliament” be now read a second time.

(The Minister of Youth, Sports and Culture, the Honourable Olivia Grange, entered and took her seat).
(The Deputy Prime Minister and Minister of Foreign Affairs and Foreign Trade, the Honourable Dr. Kenneth Baugh, entered and took his seat).

(The Minister of State in the Ministry of Industry, Commerce and Investment, the Honourable Michael Stern, entered and took his seat).

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

7 (The Minister of Energy and Mining, the Honouable James Robertson, entered and took his seat).
(Mr. Dean Peart, M.P., Manchester, North Western entered and took his seat).

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

(Dr. St. Aubyn Bartlett, M.P., St. Andrew, Eastern entered and took his seat).

(Dr. Donald Rhodd, M.P., Portland, Eastern entered and took his seat).
The Minister of Transport and Works having spoken for 30 minutes, the Minister of State in the Ministry of Labour and Social Security, the Honourable Neville Andrew Gallimore 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: Mr. Tarn Peralto.

Agreed to.

(Mr. Peter Bunting, M.P., Manchester, Central entered and took his seat).
(Mr. Ernest Smith, M.P., St. Ann, South Western entered and took his seat).

Mrs. Naalie Neita-Hadley also contributed to the motion.

Further debate on the substantive motion was by leave deferred.

ADJOURNMENT At 6:34 p.m., the Minister of Education and Leader of the House moved that the House do now adjourn to Thursday, May 5, 2011 at 2:00 p.m. o’clock.

Seconded by: Mr. Joseph Hibbert.

Agreed to.

------------------------------------------- Delroy Chuck, M.P.

Speaker 8