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PM chose not to ‘defy Parliament’ for new State of Emergency
Jamaica Observer
Thursday, July 29, 2010
PRIME Minister Bruce Golding said he chose not to ‘defy Parliament’ by using the technical route to impose a new State of Emergency (SOE), after Government failed to get enough votes to extend the limited SOE.
Speaking on his monthly radio programme Jamaica House Live last night, Golding said if Government had gone to the governor general for permission to begin a new State of Emergency, it would in effect be “a defiance of Parliament”.
“Any further extension must be approved by Parliament and if Parliament took a decision not to approve a further extension I would tread very cautiously about using the technical route to say, well, we can impose a new State of Emergency,” Golding said.
“The Constitution allows Cabinet to advise the governor general to impose a State of Emergency for a period not exceeding one month. And therefore my position is: there would have to be extraordinary reasons that would arise, subsequent to the expiration, for me to feel that I am on strong constitutional grounds to seek Cabinet’s authorisation and thereafter to advise the governor general,” he said.
With the governing Jamaica Labour Party (JLP) short six of its MPs last week, the People's National Party (PNP) members abstained en bloc, effectively defeating the Government's motion to extend the limited State of Emergency by a month.
The motion needed at least 31 votes to pass, but though it received all 25 from the JLP, it was not enough against the 18 abstentions by the PNP.
Golding, meanwhile, said the country must not rely on a State of Emergency to achieve ongoing law and order.
“We were very clear in our minds that the state of emergency could not continue, not just that it couldn’t continue indefinitely, it could not continue for any prolonged period of time, because a society must never become accustomed to living under emergency powers. It is not good. It is not good for the security forces to become so accustomed to relying on security powers that it becomes the routine means of dealing with criminal behaviour but there is no doubt that the security forces started a mighty job and they achieved some positive results,” Golding said.
PM chose not to ‘defy Parliament’ for new State of Emergency
Jamaica Observer
Thursday, July 29, 2010
PRIME Minister Bruce Golding said he chose not to ‘defy Parliament’ by using the technical route to impose a new State of Emergency (SOE), after Government failed to get enough votes to extend the limited SOE.
Speaking on his monthly radio programme Jamaica House Live last night, Golding said if Government had gone to the governor general for permission to begin a new State of Emergency, it would in effect be “a defiance of Parliament”.
“Any further extension must be approved by Parliament and if Parliament took a decision not to approve a further extension I would tread very cautiously about using the technical route to say, well, we can impose a new State of Emergency,” Golding said.
“The Constitution allows Cabinet to advise the governor general to impose a State of Emergency for a period not exceeding one month. And therefore my position is: there would have to be extraordinary reasons that would arise, subsequent to the expiration, for me to feel that I am on strong constitutional grounds to seek Cabinet’s authorisation and thereafter to advise the governor general,” he said.
With the governing Jamaica Labour Party (JLP) short six of its MPs last week, the People's National Party (PNP) members abstained en bloc, effectively defeating the Government's motion to extend the limited State of Emergency by a month.
The motion needed at least 31 votes to pass, but though it received all 25 from the JLP, it was not enough against the 18 abstentions by the PNP.
Golding, meanwhile, said the country must not rely on a State of Emergency to achieve ongoing law and order.
“We were very clear in our minds that the state of emergency could not continue, not just that it couldn’t continue indefinitely, it could not continue for any prolonged period of time, because a society must never become accustomed to living under emergency powers. It is not good. It is not good for the security forces to become so accustomed to relying on security powers that it becomes the routine means of dealing with criminal behaviour but there is no doubt that the security forces started a mighty job and they achieved some positive results,” Golding said.
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