The Editor, Sir:

I cannot help but regard with cynical amusement the kerfuffle over the speculated breach of bankers' confidentially surrounding the Trafigura issue. I doubt that the lawful citizens who are expressing real concern over the possible breach of confidentially are aware that the laws of Jamaica give coverage to the breach of banker/customer confidentially on a large scale.

The Banking Act together with the Evidence Act allows a minister of Government or a court to order a bank to surrender to the police as much detailed information on a customer's account and transaction as the police may demand.

Money Laundering Act

The Money Laundering Act requires a bank, even without a request or an order being made, to reveal details of any transaction over and above US$50,000. Under the Money Laundering Act the banks are prohibited from telling the customers beforehand or later of the report to 'Big Brother'. In my experience even before the Money Laundering Act came into place the bank did not, in any event, tell their customers of any request or order before or after giving the information.

Under the proposed Proceeds of Crime Act every bank officer and bank teller is potentially a spy against customers. He or she is obliged to report to the authorities every banking transaction which in the bank teller's mind is suspicious. Under the Proceeds of Crime Bill it would be a serious crime for the bank employee to reveal to the customer that he or she is now a suspicious person.

So in relation to you and me, as private citizens, privacy of banking transactions is a myth. Why then should it be preserved and protected in relation to the nation's business and those in charge of the nation's business and those who we have put in charge of ourselves and our children's future.

Frankly, I am only marginally interested in the discussion as to whether the Trafigura revelation came through a bank. We have a right to know how political parties are funded. We need laws to make such revelations legal now. Let Parliament in the exercise of its wide and generous powers make them retroactive if necessary.

I am, etc.,

JACQUELINE SAMUELS-BROWN, LLB (Hons)

Attorney-at-law

Barry Street, Kingston