House committee deadlock on police powers for soldiers
GOVERNMENT yesterday agreed to ask the solicitor-general for an opinion on what powers the army now has in crime-fighting operations after a parliamentary committee remained deadlocked on the issue of granting the defence force powers similar to the police.
The government on Tuesday brought legislation to give the army police powers as part of its new crime-fighting initiative under which hundreds of soldiers have been deployed to inner-city communities. But the Opposition balked at the idea, forcing the administration to take the issue to a special parliamentary committee.
At yesterday’s sitting of that committee both sides remained deadlocked, and Security Minister Peter Phillips, the chairman, on a suggestion from Opposition member Delroy Chuck, told Solicitor-General Michael Hylton to prepare the opinion for committee members to peruse.
Government is seeking to amend Subsection Three of Section Nine of the Defence Act to enable soldiers to “have all such powers as may lawfully be exercised”, by members of the Jamaica Constabulary Force (JCF). Specifically, the administration wants to confer the powers of search, apprehension and detention on soldiers who have been engaged in joint patrols with the police in the current anti-crime initiative.
Opposition Leader Edward Seaga on Tuesday expressed reservation about the scope of the power being proposed for JDF personnel and their understanding of the law.
Seaga noted that it was “quite obvious” that there was a need for further consideration of the bill, to which Prime Minister P J Patterson, who piloted the measure, responded by proposing the setting up of the joint select committee.
Arising from the meeting the chief parliamentary counsel is to provide a new draft of the proposed amendment, addressing suggestions and concerns expressed at the meeting.
One suggestion is for specific mention of the exact powers being conferred on members of the JDF in the areas of search, apprehension and detention. The JLP’s Delroy Chuck also expressed a concern that “some time limitation” be put on the conferral of such powers to JDF personnel.
The views of Abe Dabdoub, an Opposition member, contrasted with his colleagues, who appeared to be willing to accommodate adjustment of the measure. “This bill is not well thought out; it is an aberration and must be withdrawn,” said Dabdoub.
At the same time, Health Minister John Junor noted that Subsection Two of Section Nine of the Defence Act had already “empowered the prime minister to give directions to the chief of staff with respect to the operational use of the JDF for the purpose of maintaining and securing public safety and public order”.
He said the proposed amendment was intended to clarify the extent of those powers being conferred on JDF personnel in the interest of those members who were risking their lives in the discharge of their duties, and in the best interest of members of the public.
The public, he said, needed to know the full extent of the powers of the JDF personnel who were engaged in joint operations with the police.
Members of the joint select committee that met yesterday included government parliamentarians Peter Phillips, John Junor, Derrick Kellier and Neil McGill and Opposition members Derrick Smith, Ernie Smith, Abe Dabdoub and Delroy Chuck.