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Anti-Terrorism Bill amended
published: Saturday | February 7, 2004

By Robert Hart, Staff Reporter

THE GOVERNMENT has proposed substantive changes to the controversial Terrorism Prevention Act, in the wake of months of public outcry.

The amendments, including a clearer definition of the criminal 'facilitation' of a terrorist activity, were presented by K.D. Knight, Minister of Foreign Affairs and Foreign Trade, as he chaired Thursday's first meeting of the joint select committee examining the Bill.

Explaining one proposed amendment, Mr. Knight noted that under clause (8) the previous draft did not adequately explain the definition of a facilitator.

The new provision states that an individual has illegally aided in a terrorist activity "in circumstances where the facilitator knows that a terrorist activity will be facilitated but does not know the specific nature of the terrorist activity."

Additionally, the charge would stand whether or not a terrorist activity is actually carried out.

"Once there is the knowledge that you are facilitating a terrorist activity, then you can be held culpable," Minister Knight told the committee.

Commenting on the proposal, Government Senator, Professor Trevor Munroe, said: "This is an amendment that, as far as I am concerned, is quite substantial."

REASONABLE GROUNDS

The Government also suggested that amendments be made to clause (14), which interest groups had complained would put too much power in the hands of the Director of Public Prosecutions (DPP).

In clause (14), the DPP would have been allowed to begin proceedings against any entity he had 'reasonable grounds' to believe was involved in terrorist activities.

However, the amendment states that the organisation or individual must first be included on a list of designated terrorist entities by the United Nations Security Council.

This change could potentially dampen concerns that the Bill places questionable focus on local rather than foreign bodies.

Speaking to The Gleaner shortly after Thursday's meeting, Mr. Knight said given the amendments he did not expect much in the way of dispute from the interest groups slated to make oral submissions during the committee's next sitting on February 11.

The Government, he said, had made note of concerns outlined in the previously-submitted written submissions. As a result of the state's own continuous examination of the Bill, the Foreign Affairs Minister said he felt adequate adjustments had been made.

However, Dr. Martin Aub of Transparency International Jam-aica, said his organisation still thought the Bill was misconceived.

Dr. Aub suggested that there was still too much concentration on regulating Jamaica's domestic problems.

Mr. Knight told The Gleaner he was seeking to have the deliberations concluded in the shortest possible time.

During the sitting, a two-week timetable was suggested and it was noted that the United Nations had already hinted at its dissatisfaction with the slow pace at which the Bill is being processed locally.

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