Mon | May 20, 2024

Bill in the balance

Country to know decision on ombudsman today as polls draw nearer; insider says ECJ split on proposal

Published:Tuesday | February 6, 2024 | 12:07 AM
Justice Minister Delroy Chuck.
Justice Minister Delroy Chuck.

Following last week’s sharp parliamentary divide on the proposed Political Ombudsman Interim Amendment Act 2024, the country will today know whether the Government will use its parliamentary majority to push through the controversial bill.

Justice Minister Delroy Chuck, who piloted the bill in Gordon House last week, told The Gleaner yesterday that Cabinet would make a decision on the way forward.

Parliament yesterday reported that debate on the Political Ombudsman (Amendment) Act, 2024, would be concluded today.

At the same time, a member of the Electoral Commission of Jamaica (ECJ), who asked not to be named, told The Gleaner that not all members of the electoral body supported the recommendation that the commission should carry out the role of the political ombudsman.

Last Tuesday, Chuck told his parliamentary colleagues that the nine commissioners of the ECJ were firm in their belief that the role and responsibilities of the political ombudsman are best assumed as an indivisible body.

He said ECJ Chairman Earl Jarrett wrote to him indicating that the electoral body was in support of taking on the role of the political ombudsman.

He said Jarrett noted that the ECJ was of the view that “all commissioners should perform the functions of the political ombudsman. The matters to be addressed by the ombudsman are primarily related to conduct. We believe that the full commission, including both selected and nominated commissioners, are best suited to address the nuances related to conduct and we strongly suggest that, in this regard, the commissioners shall be indivisible”.

However, the ECJ commissioner, who spoke to The Gleaner on condition of anonymity, said the electoral body would be saddled with the task of making decisions on politically charged matters that could trigger accusations from members of the public that the entity acted in a partisan manner. He warned against making any decision that would leave a cloud hanging over the ECJ.

If passed, the bill will subsume the Office of the Political Ombudsman into the ECJ, allowing the electoral body to police the political campaign leading up to the local government elections on February 26.

During the debate in the House of Representatives last Tuesday, Karl Samuda broke ranks with the governing party as he warned the Government against “tampering with the Electoral Commission of Jamaica”.

“This is, arguably, the most far-reaching, it’s one of the most important institutions of not only Jamaica but the entire hemisphere,” Samuda said of the ECJ.

“It is not an institution that can take tinkering,” said Samuda, adding, “I do not buy the idea that we are in a hurry because we are having an election.”

In his contribution to the debate last week, Opposition Leader Mark Golding said members on his side of the political divide would not support the bill.

He said the plan was misguided as the ECJ had developed an enviable reputation over many years that could become tainted.

editorial@gleanerjm.com