By Earl Moxam, Senior Gleaner WriterGOVERNMENT SENATOR Trevor Munroe is calling for a conscience vote in Parliament on the Charter of Fundamental Rights and Freedoms, in light of an unresolved split over the wording of sections of the charter.
Senator Munroe, speaking at yesterday's deliberations by the Joint Select Committee of Parliament, suggested that a conscience vote might be the answer to the sharply differing views that had emerged, not necessarily along party lines, on some elements of the changes being proposed.
DEBATING
The committee spent most of the meeting debating the wording of the provision for restricting rights and freedoms during a period of public emergency or public disaster.
An amendment to the draft bill was proposed at the previous meeting, allowing for the restriction of some rights and freedoms through measures "that are reasonably required for the purpose of dealing with the situation that exists during the period of public emergency or public disaster."
But the opposition Jamaica Labour Party (JLP) yesterday sought to have this provision further amended, to make it clear that such restrictions were "reasonably justifiable in a free and democratic society."
Clive Mullings, attorney and JLP member, argued that there was potential danger in someone being held because this was "reasonably required." Instead, he said, the wording should be "reasonably justified."
Agreeing with his colleague, Abe Dabdoub said "What might be reasonably justifiable in some societies would not be so justified in a free and democratic society."
Committee Chairman A.J. Nicholson initially expressed reservations about this proposal, arguing that such restrictions would apply under emergency conditions, irrespective of the type of society.
OPPOSITE VIEW
Senator Munroe took the opposite view, however, arguing that there would "naturally be a qualitative difference in the character of the restrictions of rights and freedoms in a free and democratic society as against a totalitarian society."
After a lengthy debate the committee agreed to incorporate the amendment in the report, which will be forwarded to Parliament for consideration.
The JLP, in a written submission, emphasised several provisions which it wants to be explicitly stated in the bill the right to due process of law; the right of a person who is charged or detained, "without delay, to communicate with and, if desired, retain and instruct a legal adviser"; and the right of a person charged or detained "to communicate with and be visited by a spouse, partner or family member, religious counsellor and a medical practitioner of choice."
The Charter of Rights Bill will replace the existing Chapter III of the Jamaican Constitution, providing "more comprehensive and effective protection for the fundamental rights and freedoms of all persons in Jamaica."
The provisions being considered are the product of more than a decade of deliberations, starting with the work of a constitutional commission in the early 1990s.
