WESTERN BUREAU:
While five municipal corporations have declared their support for a resolution to amend the Criminal Records Rehabilitation of Offenders Act (CRROA), the Westmoreland Municipal Corporation (WMC) is seeking legal advice before making a decision on the resolution, which was moved by a councillor at its counterpart in St James.
According to Michael Jackson, the chairman of the Civic and Community Affairs Committee at the WMC, while the ultimate decision will be important to many people, especially young people, the corporation wants to be sure that the decision taken will not create a provisional problem in the future.
“Concerning amending the Criminal Records Rehabilitation of Offenders Act, we are seeking more time to deliberate on this resolution and also to seek legal advice,” Jackson, the councillor for the Whitehouse division, told the recent monthly meeting of the WMC.
The bid to amend the CRROA is an effort to have persons with a criminal record, who have been rehabilitated and are now able to operate within the accepted norms of the society, get a clean police record.
In its entirety, the resolution is seeking a complete review of the act to allow Jamaicans who have committed crimes and have served their time, but are now unable to secure jobs to be able to take care of themselves and their families, by expunging their past criminal acts from their police records.
Speaking with The Gleaner on Tuesday, Senator Charles Sinclair, the councillor for the Flanker division in St James, who moved the resolution at the April monthly meeting of the St James Municipal Corporation (StJMC), said that, in general, the responses have been favourable.
“We have received correspondence indicating the support of the resolution from the municipalities of Portland, St Elizabeth, St Ann, St Catherine and Clarendon,” said Sinclair, who is hoping the resolution will find favour with all the other municipal corporations as well.
According to Sinclair, like the WMC, which is seeking advice and legal guidance before committing itself to a position on the matter, the St Mary Municipal Corporation has also asked to be given more time to examine the resolution.
While acknowledging that they are in receipt of the resolution, the membership of the Hanover Municipal Corporation have written to the StJMC, stating that no decision has been taken, meaning the resolution has not yet been voted on.
The resolution notes that job applicants are currently required to produce a criminal record to compete equally with other persons not carrying the burden of a conviction.
Speaking against the background of a 2014 amendment to the Criminal Records Act, which created a third schedule that made several offences inexpungeable, Sinclair said it would be an additional burden on persons who have reformed their lives.
“The maintenance of the third schedule, in its absolute form, will result in persons who have paid their debt to society and benefited from reform, rehabilitation, and training [being] unable to acquire an appropriate record to gain employment,” said Sinclair.
In a June 4 letter to Naudia Crosskill, the chief executive officer at the StJMC, Grace Ann Stewart-McFarlane, permanent secretary in the Ministry of Justice, referenced the resolution that was sent to Justice Minister Delroy Chuck and its content, while offering to provide guidance on the matter.
“ We have taken note of the issues outlined in the resolution seeking to amend the Criminal Records Rehabilitation of Offenders Act,” Stewart-McFarlane wrote. “ Please be advised that the matter is currently under consideration by the Ministry of Justice.”