Security minister's powers to order certain detentions in St James SOE adjusted

The Government has made good on its pledge to amend provisions in the Regulations governing the State of Public Emergency in St James.

The changes now allow for certain powers given to the Minister of National Security to be exercised only upon the advice of the heads of the security forces.

Provisions in Sections 32 and 33 of the regulations previously allowed the minister to make an order that places a person under house arrest or to be confined to a place determined by the minister if the person has no fixed address.

However, in an amendment moved by Prime Minister Andrew Holness, during Tuesday’s debate on a resolution to extend the State of Public Emergency in St James, the regulation was adjusted to allow for the minister to exercise the power given to him in Sections 32 and 33 on the written advice of the Chief of Defence Staff and the Commissioner of Police.

In a recent debate in the Lower House on a resolution to extend the State of Public Emergency in the St Catherine North Police Division, Opposition Leader Dr Peter Phillips had said the opposition was uncomfortable with a minister having the power to “vary a detention order”.

The amended regulations do not yet apply to the State of Public Emergency in St Catherine North Police Division.

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