Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697795887928.pdf (Jamaica)
ORDER OF BUSINESS OF THE SENATE OF JAMAICA FRIDAY, MARCH 15, 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 10th day of August, 2012 – Questions No.

4 and 5) (For answer on the 19th day of October, 2012 – Question No.

11) (For answer on the 22nd day of February, 2013 – Questions No.
15 and 16) (For answer on the 8th day of March, 2013 – Question No.

18) (For answer on the 15th day of March, 2013 – Questions No.
19, 20 and 21) (For answer on the 22nd day of March, 2013 – Questions No.22 and 23) (For answer on the 28th day of March, 2013 – Questions No.24, 25, 26 and 27) 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 11 GOVERNMENT BUSINESS Page 3 of 11 Notice of second reading given on 08.03.2013 1.
The Minister of Justice to move that a Bill entitled “AN ACT to make new provision for offences relating to lottery scams, advance fee fund and other fraudulent transactions; and for connected matters” be now read a second time.

PRIVATE MEMBERS’ MOTIONS NOTICE GIVEN ON FRIDAY, 24TH FEBRUARY, 2012 Page 4 of 11 1.

Senator Grant – To move – [No.

12] WHEREAS Green Paper No.


1 of 2011 entitled “Tax Reform for Jamaica” was laid on the Table of the Senate on the 10th day of February, 2011: BE IT RESOLVED that the Senate debate the proposals contained in the Green Paper and make its recommendation to the Cabinet.

NOTICE GIVEN ON FRIDAY, 29TH JUNE, 2012 2.

Senator Knight – To move – [No.
16] 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, 13TH JULY, 2012 3.

The Senate to continue debate on the motion -- [No.

17] BE IT RESOLVED that the Senate thank His Excellency the Governor-General for his gracious speech delivered to both Houses of Parliament on the 10th day of May, 2012, approve the plans and programmes outlined in his gracious speech, and place on record its appreciation of the performance of the Government.

4.

Senator Dr. Tufton – To move – [No.
20] WHEREAS the Parliamentary Opposition is in support of the principles of the Caribbean Community working together on matters of regional and individual territorial interests; 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 and natural disaster management and lobbying in the international arena on matters of regional importance; Page 5 of 11 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 breach or its application, has not served the best interests of the Jamaican economy: BE IT RESOLVED that this Honourable Senate recommend the establishment of a Joint Select Committee to review the existing trade issues of concern within CARICOM, in particular, but not confined to, clauses relating to the rules of Origin, application of the Common External Tariff and the impact on CARICOM trade of energy subsidies applied by Trinidad and Tobago to its local manufacturing sector, with the intention of establishing better understanding on these issues and securing the best interest of the Jamaican economy.
NOTICE GIVEN ON FRIDAY, 7TH DECEMBER, 2012 5.

Senator Arthur Williams – To move – [No.
26] WHEREAS the National Steering Committee on Digital Switchover has recommended a 2015 deadline for switch-off of analogue television transmission signals and the start of a full digital national television infrastructure; AND WHEREAS it was announced by the Minister without Portfolio with responsibility for Information that the Cabinet of Jamaica would be asked to declare 2015 as the transition year to digital switchover; AND WHEREAS the Media Association of Jamaica has stated that it was not a party to the deadline set by the National Steering Committee and was not in agreement with the time frame; AND WHEREAS it is important to the television service providers as well as the consuming public for there to be general agreement on the way forward in respect of Digital Switchover; BE IT RESOLVED that the Senate recommend to the Government that the National Steering Committee on Digital Switchover be expanded to include representatives of television service providers and cable service providers, the Consumer Affairs Commission, the Media Association of Jamaica, civil society and the Parliamentary Opposition; BE IT FURTHER RESOLVED that a definitive timetable for Digital Switchover be proposed by the National Steering Committee to Cabinet, as a matter of urgency, and that the timetable approved by Cabinet be communicated to the public thereafter.
NOTICE GIVEN ON FRIDAY, 1ST FEBRUARY, 2013 6.

Senator Dr. Tufton – To move – [No.
28] WHEREAS the Representation of the People Act, section 35(3), states that “the elector on receiving the ballot paper shall forthwith enter one of the polling compartments and there mark his ballot paper by making, a cross with a black lead pencil within the space containing the name of the candidate for whom he intends to vote,…”; Page 6 of 11 AND WHEREAS the Parish Council Act, section 31(3), states that “the elector on receiving the ballot paper shall forthwith enter one of the polling compartments and there mark his ballot paper by making, a cross with a black lead pencil within the space containing the name of the candidate for whom he intends to vote,…”; AND WHEREAS a number of times throughout our history, both in the local and general elections, ballots were rejected due to the presence of a mark other than a cross within the space containing the name of the candidate for whom the voter intended to vote; AND WHEREAS it is often left to the discretion of the presiding officer whether to accept a mark other than a cross in the counting of the ballots; AND WHEREAS it has long been established in many democracies that regardless of the form of the mark on the ballot, once the intention of the voter is clear, then that vote should be accepted; AND WHEREAS ballots cast in a constituency or Parish Council division may have been declared correctly by the existing legislation but may not have represented the will of the majority of the voters due to markings, other than a cross, in the space containing the name of the candidate; AND WHEREAS our democracy could be compromised if the fundamental principle which allows for the express will of the majority is not reflected in the final outcome of the particular election: BE IT RESOLVED that this Honourable Senate recommend to the Government that a review be done of all relevant legislation and regulations dealing with electoral matters, with a view to address the possible anomaly in law that could disenfranchise the majority position of the voters, due to the specified designation of a cross.
NOTICE GIVEN ON FRIDAY, 15TH FEBRUARY, 2013 7.

Senator Johnson Smith – To move – [No.
30] 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 have been the victims of sexual offences; AND WHEREAS the incidence and barbarity of attacks against women and children continue to increase; AND WHEREAS improved crime-solving methods will increase the number of convictions, but will not address the matter of deterrence or victims’ sense of justice: BE IT RESOLVED that a Joint Select Committee be convened to consider amendments to the Offences against the Person Act, the Sexual Offences Act and the Child Care and Protection Act, with a view specifically to re-defining or augmenting, as appropriate, offences and punishments to be applied to: (i) the murder of pregnant women; Page 7 of 11 (ii) the murder of children; (iii) sexual offences against children; (iv) the abduction of children; and (v) 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.
NOTICE GIVEN ON FRIDAY 22ND FEBRUARY, 2013 8.

Senator Montague – To move – [No.
31] WHEREAS the Throne Speech delivers the Government of Jamaica’s plans and programmes for a given legislative year; AND WHEREAS, in the Throne Speech for the year 2012/2013, the Government enunciated a target of passing 32 pieces of legislation, including anti-gang legislation, DNA legislation and legislation required to create a single anti-corruption agency; AND WHEREAS the legislative year will soon close and to date such legislation has not been tabled; AND WHEREAS the people of Jamaica have placed our collective trust and belief in the plans announced in the Throne Speech, and the Senate must endeavour to promote such trust and belief: BE IT RESOLVED that this Honourable Senate call upon the Government to provide an indicative schedule for the tabling, debate and passing of the legislation noted in the Throne Speech so that such legislation may be enacted for the benefit of the people of Jamaica, before the end of the legislative year; BE IT FURTHER RESOLVED that the Senate make itself available, and do everything within its power, including the addition of sittings and extension of time to allow for the enactment of these vitally important Acts of Parliament.
9.

Senator Johnson Smith – To move – [No.
32] 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; Page 8 of 11 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.
10.

Senator Dr. Tufton – To move – [No.
33] WHEREAS the Government of Jamaica has reached a forty-eight month staff level agreement with the International Monetary Fund (IMF); AND WHEREAS the Government has to conclude a number of prior actions before the final approval of the IMF Board, including a national debt exchange, a tax package of over $15 Billion and public sector wage and spending restraint; AND WHEREAS these measures will lead to a contraction in economic activities with a likely adverse impact on job creation and growth; AND WHEREAS a critical component of Government-strategy is to stimulate investments for job creation and economic expansion, while reducing public spending and paying down on the national debt: BE IT RESOLVED that the Senate recommend to the Government the need to give priority to, and to set out in a document, a growth strategy for the Jamaican economy which should include identifying critical sectors for high impact job, creating growth and timelines on reducing bureaucracy to improve efficiencies in transaction time and costs of investments; BE IT FURTHER RESOLVED that the Senate recommend to the Government that it give a quarterly update to the country on the results of the targeted interventions of the growth strategy.
NOTICE GIVEN ON FRIDAY, 1ST MARCH, 2013 11.

Senator Montague – To move -- [No.
34] 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; Page 9 of 11 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 12.

Senator Dr. Tufton – To move – [No.
35] WHEREAS Jamaica has a debt that is currently over $1.7 trillion or 140 percent of Gross Domestic Product (GDP) and a deficit of over 6.5 percent; AND WHEREAS the proposed agreement with the International Monetary Fund (IMF) proposes a programme of debt containing over the next seven years to 2020 of 95 percent of GDP; AND WHEREAS this programme contains a range of measures substantially focussed on containing public expenditure and institutional reforms to promote efficiencies and growth; AND WHEREAS Jamaica, like the rest of the Caribbean, is negatively impacted by external shocks from both natural and man-made causes; AND WHEREAS Jamaica is unlikely to meet the targets for debt reduction and deficit containment with the IMF if external shocks are not sufficiently planned for: BE IT RESOLVED that this Honourable Senate, in support of reducing the country’s debt, call on the Government to articulate a clear policy and strategy to respond to anticipated external shocks, particularly, but not confined, to natural disasters; BE IT FURTHER RESOLVED that the Government put in place and outline a strategy for annual budgetary allocation to deal with anticipated external chocks.
13.

Senator Montague – To move – [No.
36] 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: Page 10 of 11 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.
REFERRED TO COMMITTEE Page 11 of 11 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.

27.07.2012 2.

Special Select Committee to sit jointly with a similar committee to be appointed by the House of Representatives to consider and report on a Bill shortly entitled “The Committal Proceedings Act, 2012”.

14.12.2012 3.
14.12.2012 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 Baptist Mid- Missions in Jamaica (Incorporated) Act so as to change the name of the Act; and for connected matters.” Special Select Committee to sit jointly with a similar committee appointed by the House of 4.
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.” 5.

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 Mustard Seed Missionaries and the vesting of property in the body so incorporated.” 6.
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 Joint Select Committee to sit jointly with a similar committee appointed by the House of 7.
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.

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