Desmond McKenzie Ricardo - Makyn/Staff Photographer
As the country grapples with the impact of yet another costly fiscal blunder in the Sandals Whitehouse issue, it has to ensure that it minimises future lapses or this current outcry will bring little value in the long term. That is why we have to build a culture of enforcement of laws, to ensure that we not only catch a high proportion of those who knowingly breach the rules, but in addition, establish sanctions with serious penalties to recover funds taken from the public purse.
I am among those persons who believe that Jamaica has more than enough current laws to apply to those who abuse the public trust. What we have lacked in the past is the guts to go after those who commit major and minor breaches.
It's amazing that the present Mayor of Kingston and St Andrew, Desmond McKenzie, is being commended for his willingness to enforce the city rules, as it relates to illegal signs, no parking zones, entertainment permits and, of late, breaches in the use of zoned premises. What should be amazing, however, is why were so many individuals and firms flouting these laws in the first place? The answer is that they either did not believe that they could be prosecuted, or that enforcement would ever take place. As a result of this enforcement of existing laws, the Kingston and St. Andrew Corporation (KSAC) has gained increased streams of unanticipated sources of revenue from prosecuting offenders.
Enforcement and compliance
The same can be applied to other areas. If most traffic offenders are routinely caught and prosecuted, traffic offences will decline. If those who deface public property by putting up posters illegally around the country or breach the Night Noise Abatement Act continue to avoid prosecution, then they will persist in their breaches. Most human beings show remarkable logic in considering whether it makes sense to pay a fine or to commit an illegal act, unless they have a strong moral compass. If the level of enforcement is high then most will comply. If it is low then most will breach the rules.
In public life we must have better means of ensuring punishment for serious breaches. That is why the culture at the top has to transmit the clear message that not only will there be enforcement of sanctions for those found guilty of financial impropriety, but that offenders will be heavily penalised, involving much more than just a slap on the wrist for their hand being found in the cookie jar. A resignation here and there, or losses of national honours cannot be the end of the matter.
In this year's Budget Debate, some consensus seems to have emerged between Opposition Leader Bruce Golding and Prime Minister Portia Simpson Miller around the need to take more effective measures to guard the public purse. We, therefore, expect their colleagues to quickly proceed to pass the necessary amendments to the law. There should be no more delay like those around the Offences Against the Person Amendment Act and the Incest Act, being regurgitated from 1995.
I am too old to believe that passing the correctly worded legislation will solve the problem, but at least let's get them passed and then put pressure on the responsible authorities to get enforcement. This might scare off good people from serving on government boards or many capable firms from tendering for government projects, but at least it will provide more checks and balances that will serve the interests of the Jamaican people.
