Debate on Defence Act amendments to resume
published: Monday | January 6, 2003

By Lynford Simpson, Staff Reporter

Michael Hylton, Edward Seaga, PJ Patterson and Peter Phillips

DEBATE ON the proposed controversial amendments to the Defence Act should get under way shortly after Parliament resumes sittings this week.

It is not immediately clear, however, whether the special select committee which was set up to examine the amendments will again be asked to examine the document, or whether the Parliament will act on the recommendations of Solicitor-General Michael Hylton, Q.C.

Mr. Hylton had recommended that the Government amend the Bill which seeks to grant police powers to soldiers. He had advised that the Bill be amended to refer only to those powers which are considered necessary and appropriate for the exercise of the relevant duties.

He made his recommendation a few days after being asked for a legal opinion on the matter by the parliamentary committee that was set up to examine the proposed amendment to the Act.

The matter was sent to a special select committee after the parliamentary Opposition on December 10, last year, forced a suspension to the debate to amend the Bill which was piloted by Prime Minister P.J. Patterson. In advising Dr. Peter Phillips, chairman of the select committee examining the Act, and Leader of Government Business in the House on his decision, Mr. Hylton said: "The committee may wish to consider defining specifically the powers which a member of the JDF should be able to exercise in these circumstances". This, he said should be done "out of an abundance of caution".

The Jamaica Labour Party (JLP) had objected to the move to grant soldiers the right to apprehend and search, regardless of whether they were operating in the presence of the police. JLP Leader Edward Seaga charged that soldiers were not properly trained to act like the police and would, therefore, abuse their powers. He asserted that the proposed amendment was not properly thought out.

But, needing only a simple majority to have the Bill passed, the Government is likely to push for an early resolution with or without Opposition support.

This, as soldiers have been a critical part of the anti-crime fighting measures announced on December 1, 2002 by the Prime Minister. The soldiers, along with the police, have been maintaining curfews in certain inner-city communities, a move that has resulted in the recovery of dozens of illegal weapons and a general lull in criminal activity.

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