MINISTER of Justice Delroy Chuck has scoffed at calls for the Government to reverse its decision to subsume the Office of the Political Ombudsman into the Electoral Commission of Jamaica (ECJ).

Chuck — who was the Government’s point man in getting the Political Ombudsman (Amendment) Act, 2024, passed last February — on Wednesday told the Jamaica Observer that the Administration remains firm in its position that this was the right move.

“When we removed the independent political ombudsman and subsumed it under the Electoral Commission it was well considered by the Government and, therefore, there won’t be any consideration of removing the political ombudsman or changing the laws that were amended last year,” Chuck said, having been asked by the Observer to respond to recent calls for the Andrew Holness Administration to change course.

Since the role of the political ombudsman was taken over by the ECJ, Jamaicans have gone to the polls in a local government election and a number of by-elections, with no word from the commission on any complaints it received or any action it initiated against those who breached the Political Code of Conduct.

The silence of the ECJ has prompted a number of individuals and entities, including some who were opposed to the move in the first place, to call on the Government to reverse its decision.

Among those calling for a quick reversal have been electoral watchdog Citizens Action for Free and Fair Elections (CAFFE) which, in a recent media release, argued that it is not too late for a change.

Chairman of CAFFE Grace Baston said her organisation is concerned that the ECJ might be reticent in speaking out on issues where one political party is in violation of the code without being perceived as taking sides in a dispute between prospective candidates.

“It is problematic, and we couldn’t have been louder in our calls for this post to be filled. We need a political ombudsman, especially at this time — and even if it’s only during this time of heightened tension,” said Baston.

The anti-corruption National Integrity Action (NIA); former Political Ombudsman Donna Parchment-Brown; and Danishka Williams, People’s National Party (PNP) caretaker for St Ann South Western, have also called for the return of an independent Office of the Political Ombudsman.

In a release on Wednesday, Williams charged that there has been repeated removal and destruction of her campaign materials, including poster boards, throughout St Ann South Western.

According to Williams, she has spoken to the sitting Member of Parliament, the Jamaica Labour Party’s Zavia Mayne, who has assured her that this is not the type of politics he condones.

“Unfortunately, it appears that this commitment to clean campaigning is not being upheld by all stakeholders involved in his campaign,” she said.

“In light of these ongoing acts, I am publicly calling for the reinstatement of the Office of the Political Ombudsman, a vital institution that once served as an independent arbiter to address political misconduct and preserve electoral fairness. The absence of this office leaves a vacuum where political mischief can flourish without accountability,” charged Williams.

Chuck on Wednesday admitted that the process has not gone as he anticipated, and told the Observer that he is a little disappointed that since the legislation was passed, the ECJ has not indicated to the public the process and procedure whereby political misconduct can be reported and investigated.

“To the best of my knowledge, a similar amount of money — about $60 million — that was used to manage and operate the Office of the Political Ombudsman before was allocated to the ECJ in order to carry out functions and roles of the political ombudsman.

“I was always of the view that, just like how you have a director of elections who reports to the ECJ, the ECJ could also get a director of political conduct who would take in all the complaints of political misconduct or breach of the Political Code of Conduct. And that person would investigate and report back to the ECJ — which consists of four independent members and representatives from the political parties — who would make the final decision and direct how the political misconduct can be corrected,” said Chuck.

He argued that the ECJ has the sort of moral persuasive force which was not available when a single political ombudsman acted on his/her own.

“If we were to set up a similar situation that happened before, we would need an oversight body — and we thought the Electoral Commission of Jamaica was a proper oversight body to examine political misconduct when it is reported and investigated. I really hope the ECJ would make the decision to appoint someone who could carry out that role and accept or receive reports, investigate, and then report back to the ECJ for the ECJ to make decisions,” added Chuck.

In piloting the legislation through the House of Representatives, Chuck had argued that investing the responsibilities of the ombudsman in the nine-member ECJ would result in more impactful recommendations made to political parties or their representatives in circumstances where there have been breaches.

“It is in the nation’s interest to extend the reach of the well-functioning ECJ to close any gaps that may exist in the oversight of the political process and political conduct,” he argued.

“The passage of this Act will redound to the benefit of future generations, as the assumption of the functions by the ECJ will allow for the wealth of knowledge and experience in that body to be brought to bear in the performance of the functions of the political ombudsman,” said Chuck as the legislation was passed without the support of the Opposition.