Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697796856409.pdf (Jamaica)
MINUTES OF THE HONOURABLE SENATE OF JAMAICA At a meeting of the Members of the Senate held pursuant to adjournment at Gordon House in the City and Parish of Kingston on Friday, the 26TH DAY OF FEBRUARY, 2010.

Prayers were offered by Senator Kamina Johnson Smith.

The Senate met at 11:28 a.m.
PRESENT WERE: Senator Dr. the Honourable Oswald Gaskell Harding, O.J., C.D., Q.C., President of the Senate Senator Thomas George Lewis Tavares-Finson, Deputy President Senator the Honourable Dorothy Casieta Lightbourne, C.D., Q.C., Attorney-General, Minister of Justice and Leader of Government Business Senator the Honourable Dwight Augustus Nelson, C.D., Minister of National Security Senator the Honourable Arthur Hugh Washington Williams, Minister of State in the Ministry of Finance and the Public Service Senator Aundre Christopher Franklin, Parliamentary Secretary in the Ministry of Health Senator Warren Meaden Newby, Parliamentary Secretary in the Ministry of Youth, Sports and Culture Senator Hyacinth Deloris Bennett Senator Navel Foster Clarke, O.D.
Senator Sandrea May Falconer Senator Mark Jefferson Golding Senator Norman Washington Grant Senator Kamina Elizabeth Johnson Smith Senator Keith Desmond St. Aubyn Knight, Q.C.

Senator Dennis Meadows Senator Arnold Joseph Nicholson, Q.C., Leader of Opposition Business Senator Noel Bancroft Sloley The Clerk laid on the Table of the Senate a copy of the following: ANNOUNCEMENTS Ministry Paper No.
15/2010 Public Accountancy Board Annual Report and Audited Financial Statements for the year ended March 31, 2009 (Presented by the Ministry of Finance & the Public Service) Bath Corporation Annual Reports and Audited Receipts & Payment Statements For the years April 1997–March 1998 and April 1998–March 1999 (Presented by the Ministry of Tourism) Report of the Regulations Committee of the Senate on its deliberations on the Legal Aid (Amendment) Regulations 2010 (Presented by the Houses of Parliament) BILLS BROUGHT FROM THE HOUSE OF REPRESENTATIVES The Clerk presented the following message from the Speaker of the House of Representatives: TO THE HONOURABLE SENATE I have the honour to advise the Honourable Senate that on the 23rd and 24th days of February 2010, respectively, the following Bills were passed in the House of Representatives: 1) A Bill entitled “AN ACT to Amend the Public Bodies Management and Accountability Act”, passed on the 23rd February, 2010 with one 2 2) 3) (1) amendment.
A Bill entitled the Financial Administration and Audit Act”, passed on the 23rd day of February, 2010. to Further Amend “AN ACT A Bill entitled “AN ACT to Validate and confirm all acts or things done in good faith by the Jamaica Urban Transit Company Limited, as if exempt from the provisions of the Motor Vehicles Insurance (Third-Party Risks) Act by virtue of its establishment and maintenance of a self-insurance fund, from the 1st day of April, 2004 to the 20th day of November, 2008; and to discharge and indemnify the Jamaica Urban Transit Company Limited, its officers and all other persons against all consequential liability, actions and legal proceedings of any kind in respect of its operations as if exempt from the provisions of the Motor Vehicles Insurance (Third-Party) Act”, passed on the 23rd day of February, 2010.
4) A Bill entitled “AN ACT to Amend the Industrial and Provident Societies Act”, passed on the 24th day of February, 2010.

Delroy H. Chuck, M.P.

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

Clerk read Bills a first time.

Notice of second reading given.


PUBLIC BUSINESS The Minister of National Security, Senator the Honourable Dwight Nelson, moved that a Bill entitled “An Act to Amend the Labour Relations and Industrial Disputes Act” be now read a second time.

The Minister of National Security having spoken for 45 minutes, Senator A. J. Nicholson moved for the suspension of the Standing Orders to enable him to continue his speech to its conclusion, notwithstanding the time limit on speeches.
Seconded by: Senator Hyacinth Bennett.

Agreed to.

3 Senator Navel Clarke having spoken for 30 minutes, The Attorney-General, Minister of Justice and Leader of Government Business moved for the suspension of the Standing Orders to enable him to continue his speech to its conclusion, notwithstanding the time limit on speeches.

Seconded by: Senator Sandrea Falconer.

Agreed to.

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


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

Seconded by: Senator Mark Golding.

Agreed to.


On the question that the Bill be read a second time, the Senate divided as follows: Ayes - Senators H. Bennett, A. Franklin, K. Johnson Smith, D. Lightbourne, D. Meadows, D. Nelson, W. Newby, T. Tavares-Finson, A. Williams – 9 Noes - Senators N. Clarke, S. Falconer, M. Golding, K. Knight, A. Nicholson, N. Sloley – 6 Absent – Senators N. Grant, M. Malahoo Forte, D. McKenzie, R. Robinson, B. Waite - 5 Passed in the affirmative.

Clerk read Bill a second time.


The Senate resolved itself into a committee of the whole Senate to consider the Bill Clause by Clause.

Clause 1 agreed to.
Clause 2 was amended as follows: Delete the definition of “industrial dispute” and substitute therefor the following – “ “industrial dispute” means a dispute between one or more employers or organizations representing employers and one or more workers or organizations representing workers, and – (a) in the case of workers who are members of any trade union having bargaining rights, being a dispute relating wholly or partly to – 4 (i) (ii) terms and conditions of employment, or the physical conditions in which any workers are required to work; engagement or non-engagement, or employment, of one or more workers; termination or suspension of (iii) allocation of work as between workers or groups of workers; (iv) any matter affecting the privileges, rights and duties of any employer or organization representing employers or of any worker or organization representing workers; or (v) any matter relating to bargaining rights on behalf of any worker; (b) in the case of workers who are not members of any trade union having bargaining rights, being a dispute relating wholly to one or more of the following – (i) the physical conditions in which any such worker is required to work; (ii) the termination or suspension of employment of any such worker; or (iii) any matter affecting the rights and duties of any employer or organization representing employers or of any worker or organization representing workers;”.
Amendment agreed to.

Clause 2 as amended agreed to.

Clauses 3 to 6 agreed to.

The Title and Enacting Clause agreed to.

The question that the Chairman report the Bill as having passed committee stage was agreed to.

The Senate resumed.

The Bill having been reported to the Senate with one amendment, the Minister of National Security moved that the Bill be now read a third time.

Seconded by: Senator Dennis Meadows.

Agreed to.

5 Clerk read Bill a third time.

Bill passed with one amendment.


ADJOURNMENT At 1:55 p.m. the Attorney-General, Minister of Justice and Leader of Government Business moved that the Senate do now adjourn to a date to be fixed by the President.

Seconded by: Senator Warren Newby.

Agreed to.

The Senate adjourned accordingly.

............................................................. Oswald Harding, OJ, CD, QC President 6