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BALFORD HENRY, Observer writer balfordh@jamaicaobserver.com
Friday, October 03, 2008
Yesterday's meeting of the Joint Select Committee of Parliament on the bill proposing a special prosecutor for corruption ended in deadlock between Government and Opposition members.
Opposition members K D Knight and A J Nicholson suggested that the committee resolve the issue of the relationship between the special prosecutor and the Director of Public Prosecutions (DPP) before proceeding.
But Attorney General and Minister of Justice Senator Dorothy Lightbourne - who chairs the committee - said that there was no need to stall discussions on the other issues as the matter would be resolved in the meantime.
However, the two sides were unable to reach a compromise on the issue up to when the meeting concluded at Gordon House.
Senator Nicholson warned of "an unholy mix-up", if one prosecuting arm of the state is answerable to the legislature and the other remains a part of the executive arm.
He said that the situation was not helped by including in the bill that section 94 of the constitution, which deals with the DPP, is sacrosanct.
"I am just signalling from now that we are not likely to agree to the bill as structured and, certainly, as far as the functions of the special prosecutor, vis-à-vis prosecuting and answering to Parliament, are concerned," Senator Nicholson said.
Senator Knight agreed, suggesting that "rather than go on to other issues now, let us see if we can grapple with this first. Because, if we can't get over this, the other issues really are almost irrelevant".
"I hardly think that it is necessary for Senator Nicholson to indicate that he opposes, because even when matters are agreed elsewhere and there appears to be consensus elsewhere there is still opposition. So it is not a difficulty. We are here to find a way forward," Government member Senator Tom Tavares-Finson responded.
Erica Boswell-Munroe, senior parliamentary counsel in the office of the Chief Parliamentary Counsel (CPC), suggested that even though the DPP - because of reasons of transparency - is the premier prosecutor, historically, prosecution has never been the exclusive purview of the DPP.
"So I do envisage that other bodies could prosecute, subject of course to the DPP's ultimate power to discontinue and so on," she said.
But Senator Nicholson insisted that Jamaica's constitutional arrangements do not allow for an institution answerable to the legislature having anything to do with prosecuting.
He suggested a deputy DPP with the special training and with the necessary facilities to deal specifically with corruption instead.
Senator Lightbourne said that the issue would have to be discussed, but that in the interest of the urgent need to conclude the review of the bill, the committee would continue with its agenda.
"The fact is that the DPP's office was inundated and these prosecutions just weren't going forward, hence the cry for a special prosecutor. But we will discuss it, because it is something that we will have to resolve," she said.
http://www.jamaicaobserver.com/news/...N_DEADLOCK.asp
Friday, October 03, 2008
Yesterday's meeting of the Joint Select Committee of Parliament on the bill proposing a special prosecutor for corruption ended in deadlock between Government and Opposition members.
Opposition members K D Knight and A J Nicholson suggested that the committee resolve the issue of the relationship between the special prosecutor and the Director of Public Prosecutions (DPP) before proceeding.
But Attorney General and Minister of Justice Senator Dorothy Lightbourne - who chairs the committee - said that there was no need to stall discussions on the other issues as the matter would be resolved in the meantime.
However, the two sides were unable to reach a compromise on the issue up to when the meeting concluded at Gordon House.
Senator Nicholson warned of "an unholy mix-up", if one prosecuting arm of the state is answerable to the legislature and the other remains a part of the executive arm.
He said that the situation was not helped by including in the bill that section 94 of the constitution, which deals with the DPP, is sacrosanct.
"I am just signalling from now that we are not likely to agree to the bill as structured and, certainly, as far as the functions of the special prosecutor, vis-à-vis prosecuting and answering to Parliament, are concerned," Senator Nicholson said.
Senator Knight agreed, suggesting that "rather than go on to other issues now, let us see if we can grapple with this first. Because, if we can't get over this, the other issues really are almost irrelevant".
"I hardly think that it is necessary for Senator Nicholson to indicate that he opposes, because even when matters are agreed elsewhere and there appears to be consensus elsewhere there is still opposition. So it is not a difficulty. We are here to find a way forward," Government member Senator Tom Tavares-Finson responded.
Erica Boswell-Munroe, senior parliamentary counsel in the office of the Chief Parliamentary Counsel (CPC), suggested that even though the DPP - because of reasons of transparency - is the premier prosecutor, historically, prosecution has never been the exclusive purview of the DPP.
"So I do envisage that other bodies could prosecute, subject of course to the DPP's ultimate power to discontinue and so on," she said.
But Senator Nicholson insisted that Jamaica's constitutional arrangements do not allow for an institution answerable to the legislature having anything to do with prosecuting.
He suggested a deputy DPP with the special training and with the necessary facilities to deal specifically with corruption instead.
Senator Lightbourne said that the issue would have to be discussed, but that in the interest of the urgent need to conclude the review of the bill, the committee would continue with its agenda.
"The fact is that the DPP's office was inundated and these prosecutions just weren't going forward, hence the cry for a special prosecutor. But we will discuss it, because it is something that we will have to resolve," she said.
http://www.jamaicaobserver.com/news/...N_DEADLOCK.asp
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