Sinclair calls for twinning of local gov’t, general elections in law reform

Senator Charles Sinclair wants a reform of Jamaica’s local government landscape to increase the autonomy of municipal corporations.

In his presentation to the State of the Nation Debate in the Senate on Friday, he said the Local Governance Act of 2016 is due for revision.

“In the review of the Constitution, let’s fully entrench local government with fixed election dates which cannot be disturbed by a majority in Parliament. In fact, let’s have local and central in one process. We have rationalised several areas of government, why not do the same with elections?” he said.

The senator argued that several mundane matters have to be routed to the local government minister for approval. For example, the sale or lease of lands belonging to the municipal corporations or those held in trust by the corporations.

“Why do we have to do that when there are procurement guidelines and oversight bodies such as the Auditor General and Integrity Commission?” he questioned.

Sinclair, who is also a councillor in the St James Municipal Corporation, said the relationship between the local authorities and the agencies of the central government needs to be revisited.

In the area of road maintenance, Sinclair said it is his view that municipal corporations should be strengthened to become the “road authority” to maintain roads throughout the various parishes.

Further, he said the National Works Agency (NWA) would act as a regional body with responsibility for major structural works.

“As it is now structured, municipal corporations have designated funds which may be directed specifically to road maintenance; NWA parish offices do not. Everything is centralised in Kingston. Nothing can be done without a submission to Kingston. By the time a response comes, the one pothole becomes several,” he lamented.

Sinclair noted that while avenues for participation of Jamaicans in local government exist in law, community-based organisations need improved structure and the ability to source financing for projects.

“Residents in communities should be encouraged to use the provisions of the strategic laws to establish special improvement districts and business improvement districts. Community members have an avenue to take charge of their communities,” Sinclair charged.

Public order legislation

Meanwhile, the government senator said pieces of public order legislation, which have been put on the back burner for decades, must be reviewed and improved post-haste. These include the Constabulary Force Act, the Towns and Communities Act, the Public Health Act, the Country Fires Act, the National Solid Waste Management Authority Act, the Parochial Roads Act, and the Town and Country Planning Act, among others.

Sinclair reasoned that, while the review and modernisation takes place, emphasis must be placed on enforcement.

“Once the enhancement of the laws and local ordinances can be achieved, I look forward to the day when municipal courts are established across every parish for the enforcement of the municipal laws, with well-trained justices of the peace sitting,” he said, adding that all penalties and fines recovered in these courts would be retained in the coffers of the respective municipality.

judana.murphy@gleanerjm.com