MOTIONS IN LIMBO
Accountability campaigner flags inertia with plethora of dormant legislation in House
Jamaicans for Justice Executive (JFJ) Director Mickel Jackson has raised concern about a plethora of private members’ motions and a few bills moved by the parliamentary Opposition that have been languishing on the Order Paper of the House of Representatives for extended periods without any timeline set for them to be debated.
“The impeachment bill introduced by the leader of the opposition in 2021 is a major concern for us as we talk about accountability and constitutional reform,” said Jackson, who also indicated that Opposition Leader Mark Golding also tabled a private member’s motion to facilitate the carrying and use of pepper spray and Mace. “I know many women and the victims of violence who would welcome this amid the high crime levels,” she added.
One of the key commitments made by Prime Minister Andrew Holness in the run-up to the 2016 general election was that he would, in his first 100 days in office, introduce legislation to deal with the impeachment of parliamentarians who violate the law. However, to date, despite the tabling of the bill by the parliamentary Opposition, no steps have been made to debate it after about three years on the table of Parliament.
Last year, Leader of Government Business in the House Edmund Bartlett had committed to facilitate debate on some of the private members’ motions before the February 2024 end of the 2023-2024 parliamentary year.
With the 2024-2025 year beginning with a one-month break instead of the traditional week or two before the start of the annual Sectoral Debate, questions are being raised as to whether the government side, which directs the business of the House, will again pay scant regard to the private members’ motions during this session.
House Speaker Juliet Holness had signalled at the last sitting in March that the Lower House would be on a one-month break.
Members of the parliamentary Opposition have the majority of private members’ motions awaiting debate, but a few government backbenchers have also tabled resolutions that are yet to be debated.
Jackson argued that the contribution of the parliamentary Opposition and backbenchers to the lawmaking process is not to be overlooked or undermined as they play a significant role in the shaping of public policy, offering diverse views and inclusivity in the legislative process.
The JFJ boss reasoned that the private members’ motions and bills serve two important functions – that of bringing to public attention critical policy matters that might not be represented by the majority that forms Government. She also noted that while most private members’ motions and bills might not be enacted into law, they serve as an important tool in generating discussions and form a part of the accountability process.
“At a time when parliamentarians have received a more-than-200-per cent salary increase, the public wants to be assured that they have working members of parliament (MPs), both opposition and non-Cabinet members, who are representing their needs and interests, not just backbenchers who knock in chorus based on their party affiliations,” Jackson said.
Noting that successive parliamentary majorities have used their strength in numbers to “sideline critical discussions” by the minority, Jackson said that this practice must come to an end.
“Parliamentary majority should have greater ease in the passage of laws but should never be used as a political one-upmanship.
“Private members’ bills that are yet to be debated after years on the Order Paper of Parliament include a bill entitled ‘The Banking Services (Amendment) Act, 2020’ and ‘An Act to Further Amend the Constitution of Jamaica in order to provide for the impeachment of Senators and Members of Parliament’.
In April 2021, Phillip Paulwell, the MP for Kingston East and Port Royal, moved a motion for Parliament to address the high level of electricity theft across the country that was impacting paying customers negatively.
He suggested that the matter be referred to the Economy and Production Committee of Parliament for its assessment and recommendations. However, the bill is yet to be debated.
In April, 2022, St Ann South East MP Lisa Hanna tabled a motion for the House to debate and call upon the governor general to “take the necessary steps for the national honour of the Order of National Hero to be conferred” on Robert Nesta ‘Bob’ Marley. To date, no debate has taken place in Parliament on the motion.
In early May, last year, MP for St Mary Western Robert Montague tabled a motion calling for a broad-based commission to be established “to examine the records and facts against the established standards for awarding National Hero status and thus making a recommendation whether Chief Takyi should be awarded and declared a National Hero”.
In his preamble, Montague pointed out that April 7, 1760, witnessed the genesis of the largest military revolt of the 18th century British Empire, led by Maroon hero Chief Takyi, with the aim to free all enslaved persons in Jamaica and to establish a black-led Government that would govern the country in their interest.
More than 20 other private members’ motions are yet to be debated.
The Gleaner repeatedly sought comment from Leader of Government Business in the House Edmund Bartlett but his phone went to voicemail.