NaRRA plea - Jamaicans urged to send message as Senate debates reconstruction legislation

A leading accountability campaigner is pushing for Jamaicans to stand up and be heard while cautioning against the powers that the Government has arrogated to itself in the National Reconstruction and Resilience Authority (NaRRA) bill. 

Jeanette Calder, executive director of the Jamaica Accountability Meter Portal (JAMP), pointed to parallels in how Prime Minister Dr Andrew Holness overruled a regulatory agency and granted an environmental permit to Bengal Development Limited for mining activities in the Dry Harbour Mountains of St Ann.

That 2020 decision by the prime minister was struck down by the constitutional court last week, when it ruled that the granting of the licence was unconstitutional and of no legal effect.

Information Minister Dr Dana Morris-Dixon however indicated yesterday that the Government will be appealing the ruling, though it had not yet examined the implications of the court’s decision.

Addressing members of the Kiwanis Club of Kingston on Tuesday night, Calder said the powers that are crafted in the NaRRA bill “are reminiscent of the decision that the prime minister made when he overturned the decision of a regulatory agency concerning Dry Harbour Mountain”.

“Do look at this judgment because the concern that the other civil society groups, I do believe the Opposition and JAMP are saying, is that the Government, based on how NaRRA is written now, has really taken on, arrogated as you would say, certain powers unto itself that the very thing they did in Dry Harbour is what the law is now saying they can’t do,” she said.

In her decision, Justice Sonya Wint-Blair said although the court acknowledged the projected economic benefits of the proposed 20-year project, the evidence pointed to significant risk of environmental harm in a fragile ecosystem known for its endemic flora and fauna.

The constitutional court granted judgment in favour of six residents who challenged the approval of the project.

JAMP’s executive director said in the same way the court pointed out that no justification was given for setting aside the decision of the regulatory body, in a similar manner NaRRA can reverse the decisions of the regulatory agencies and there is nothing in the proposed law to say a justification should be given.

The JAMP boss argued that while citizens have the right to take matters they deem to have breached the Constitution to court, the process involves a lot of money and it takes time. In this regard, she said something should be placed in the NaRRA bill that provides some kind of protection for Jamaicans.

Calder also described as “disturbing” the provision providing indemnification to the chief executive officer of NaRRA against any personal liability for the decisions that he or she makes.

According to Calder, that type of protection goes against one of the basic accountability mechanisms called surcharge. She noted that, if any decision by a public official results in a loss to the public purse, the individual can be asked to repay the sum by the Ministry of Finance. Not only that, she added that an official should be able to even lose their job, be fined, or sent to prison.

“But the CEO in this case, the law has expressly indemnified them against any personal liability for any decisions the legislation says has been made in good faith. Now, what does that mean? Good faith means that if I as a CEO can simply say that I meant well,” she added.

As members of the Upper House gear up for the final debate on the NaRRA bill tomorrow, Calder is urging well-thinking Jamaicans to turn up in their numbers on Friday in the gallery of Gordon House to exhibit their interest in the outcome of the deliberations.

“I am putting out a plea to everyone here who can be at the Senate at 10 a.m. See if you can be in the House to really make your presence felt and to send a message that this is really important to us and it can't be left up to the lawmakers alone,” she said.

The proposed National Reconstruction and Resilience Authority will lead Jamaica’s reconstruction efforts post Hurricane Melissa and will be allocated the largest public works budget in Jamaica’s history.

edmond,campbell@gleanerjm.com