OPPOSITION spokesperson on energy and climate change Phillip Paulwell is recommending that provisions in the Electricity Act, now under review, need to be broadened to include the immediate activation of emergency protocols during a disaster such as a hurricane.

“I don’t think it will take an awful lot of time to ensure that appropriate provisions are in place, in relation to emergency situations and what we do. We have to recognise emergency situations for what they are; it’s not business as usual and it therefore, I think, requires provisions that will enable emergency features to be activated and for them to be utilised during an emergency,” Paulwell told Tuesday’s joint select committee of Parliament reviewing the 2015 Electricity Act.

He further argued that in an emergency environment, some of the Act’s provisions, especially in relation to regulation, ought to be reviewed.

“I believe that when there is an emergency, the country is in such a state of dislocation, of frustration, of upset and of pain that it does require a different type of regulation to take effect,” he said.

Paulwell contended that this consideration for broadened provisions has become necessary, given what has transpired regarding the Jamaica Public Service’s (JPS) challenges with power restoration and other issues that have come up in the wake of Hurricane Beryl and the fact that the nine-year-old legislation does not take into account disasters apart from major system failures.

“So we don’t see that [major system failure] anymore as a major disaster. What we haven’t contemplated, and this is the reason why I’ve raised it here, is the major disaster like a hurricane and we have had these from time to time. We have had reviews of the operations of the JPS subsequent to hurricanes and long after. But during the currency of the disaster, and the disaster not only occurs on the day of the storm, the disaster continues and we are now four weeks or so [into the Hurricane Beryl disaster],” he said.

Paulwell further proposed that the National Disaster Committee that is already in place could be tasked with activating the suggested emergency provision.

“I know that there’s a disaster committee and perhaps it’s time for that disaster committee to play more than just the role that they’re playing now and probably there could be legal provision given to them to step in to enable a more streamlined approach to disaster recovery because it is not only electricity that is affected. Disaster affects water, it affects roads and so on.

“I’m not trying to take away the role of the OUR [Office of Utilities Regulation] because OUR will still have the responsibility of dealing with adjusting rates, of looking at things like estimated bills and dealing with funding for recovery. But I think, in the immediacy of the disaster, there should be a disaster committee that steps in and will be mandated to ensure the orderly assessment and restoration. I think that can be couched in provisions that will enable us to deal with that type of scenario,” he said.

Paulwell also suggested that there is some consultation in the interim before the committee next meets, “to look at the specific proposal as to how their mandate could be broadened and we could they could come back and say they don’t wish it, but I think it’s important for us to have that discussion”.

In response, Minister of Science, Energy, Telecommunications and Transport Daryl Vaz pointed out this was a fulsome discussion at Cabinet on Monday after the OUR was summoned to Cabinet and made a presentation.

“Cabinet has ordered also that a review be done to see what areas and what can be done in relation to making sure that without taking away the powers from OUR that the minister and ministry have some leverage and leeway in an emergency situation and don’t find ourselves in the position that we are in now and which we have found yourself in in the past. So it’s a wider look. It’s not just a look in relation to what you are suggesting about the Electricity Act; it’s looking at the overall legislation, based on the gaps that we have found ourselves in after Beryl,” he said.