By Lynford Simpson, Staff ReporterTHE OPPOSITION Jamaica Labour Party (JLP) yesterday refused to support an amendment to the Defence Act that would give Jamaica Defence Force (JDF) soldiers similar powers to those enjoyed by members of the Jamaica Constabulary Force (JCF).
By refusing to support the Bill, the Opposition forced Prime Minister P.J. Patterson, who piloted the Bill in his capacity as Defence Minister, to move for a suspension of the debate until the matter is further considered by a Com-mittee that was set up yesterday.
If approved, the move would give soldiers the authority to search premises and apprehend persons regardless of whether members of the police force are present. The Bill sought by way of an amendment to section 9 of the Act, to introduce the words: "and have all such powers as may lawfully be exercised".
According to the memorandum of objects and reasons of the Bill, the Defence Act "empowers the Prime Minister to give directions to the Chief of Staff with respect to the operational use of the Jamaica Defence Force for the purpose of maintaining and securing public safety and public order".
But, in a heated debate which followed, Opposition Leader Edward Seaga lashed the Government for the haste with which it was attempting to amend the legislation. He stood his ground despite assurances from both the Prime Minister and Dr. Peter Phillips, National Security Minis-ter, that soldiers would not be allowed to abuse their powers.
Where such abuses take place, Mr. Patterson pointed out that persons who were wronged, would have recourse under the law. He pointed to the establishment last week of a Consul-tative Committee that will, among other things, hear complaints brought by members of the public against members of the JDF. He also said he was satisfied that soldiers had been trained to deal with the new anti-crime initiatives he announced two Sundays ago. Mr. Seaga was not impressed.
Said he: "The intervention of the Minister of National Security and the Prime Minister have not allayed our fears. They have failed to give the explicit reasoning for the amendment that has been brought to the House and it is obvious that this bit of legislation has not been properly thought out. It is quite obvious that there is need for further consideration".
Mr. Seaga asserted that soldiers were not trained to function like the police. "It is the authority to exercise powers without training that we are talking about," he emphasised. He contended that many of the powers enjoyed by the police, including the right to apprehend, "cannot be ceded to persons who have no training... we on this side will never agree to that, we are dealing with the lives of people," he stressed.
"This side will give a signal this evening that ...it's one of the special duties of an Opposition to protect the human rights provisions in the Constitution of Jamaica," Seaga said.
He explained that the Opposition was not against the JDF enjoying powers that would enable it to act in prevention and detection, or having certain rights of apprehension. "But when it goes against that then it is going beyond the threshold," he declared.
Lashing the Government for its human rights record, Mr. Seaga charged that: "It is crossing into that area in which we will see further brutality, further atrocity, further indignities".
The Prime Minister in his response said he would "resist the temptation to respond in kind". "What I'm determined to achieve is unity of national purpose in the fight against crime. I also want to achieve unity of purpose in the protection of the rights of law-abiding citizens," he said.
Soldiers have been an integral part of the anti-crime measures announced by the Prime Minister on December 1. They, alongside the police have been maintaining curfews in certain inner-city communities, a move that has resulted in the recovery of more than two dozen guns and several rounds of ammunition. A number of wanted men have also been apprehended.
A nine-member committee chaired by Dr. Phillips, has been appointed to review the matter with a view to resume the debate next Tuesday.
