House Approves Amendment to Representation of People Act

This will allow for the period within which a by-election is to be held to fill a vacancy within an electoral division of a Municipal Corporation, be extended beyond the period of three months.

The legislation was passed on July 23, after 25 Government members voted in favour of the amendment, while eight Opposition members voted against it, following the call for a divide.

The Bill was piloted by Minister of Tourism and Leader of Government Business in the Lower House, Hon. Edmund Bartlett.

In his remarks, Mr. Bartlett said, “it is imperative that there be sufficient time to facilitate the holding of any by-election in the wake of efforts to recover and rebuild key infrastructure,” following the passage of Hurricane Beryl on July 3.

He also pointed to the need to provide humanitarian assistance to citizens of Jamaica, including those most impacted within seriously affected areas of divisions.

“When we consider the impact that the recent passage of Hurricane Beryl has had on the Jamaican economy and society, with Jamaica being declared a disaster area under the Disaster Risk Management Declaration of Disaster Area Hurricane Beryl Order 2024, it is undebatable that the Government’s effort during any such period must be primarily focused on recovery and rebuilding,” Mr. Bartlett said.

“This amendment, therefore, to extend the period of three months to a further period of 90 days is consequential, considering that during a period of natural disaster and the period of recovery, thereafter, many schools across divisions are used as shelters and are not able to accommodate electoral activities during that time,” he added.

He further noted that the Government also recognised how critical the amendment would be within the context of a vacancy arising through death.

“This House may recall that Councillor Rohan Bryan of the Morant Bay Division in the St. Thomas Municipal Corporation passed away on May 1, 2024 [and] his death has created a vacancy,” Mr. Bartlett said.

The Minister further noted that Section 4 (5) of the eighth schedule of the Representation of the People Act, calls for this vacancy to be filled within three months of it being noted on the minutes of the Corporation, or a day within three months of written notice of the occurrence of the vacancy being given to the Chairman of the Municipal Corporation by two persons, who were entitled to vote at the last general elections.

“The vacancy was entered into the minutes of the Corporation on May 9, 2024. So, given that the Section 66 (5d) of the Constitution of Jamaica provides for Parliament to make provisions for the holding of local government elections, it is paramount that this matter is not considered in a vacuum,” the Minister said.

Mr. Bartlett, however, stated that the amendment to the Act is not in relation to the situation in St. Thomas, but is to provide an opportunity for the Minister to act in circumstances of this type in the future.