Gov’t Reviewing Legality Of Non-Disclosure Agreements

The Government of Jamaica is reviewing the legality of non-disclosure agreements (NDA) that the Boards of some State entities are required to sign.

“I’ve asked the Attorney General, Marlene Malahoo Forte, to look into the legality of this practice and to advise me,” Prime Minister, the Most Hon. Andrew Holness, said in the House of Representatives on Tuesday (January 28).

“By virtue of how government operates, these matters have to be reviewed and I will come back to Parliament and give the necessary policy direction as it relates to removing that,” he noted.

He said that even without the review of the Attorney General, “I am not comfortable with that being part of the governance framework of boards”.

The Prime Minister was responding to questions raised by Opposition Leader, Dr. Peter Phillips, regarding a recent media report that the 23 former members of the Caribbean Maritime University (CMU) Council had signed an NDA.

The Council is the body authorised to manage the affairs of the University.

Mr. Holness told the House that he sought legal advice on the issue and was told that under the accountability framework, Boards are required to set up general policies regarding confidentiality and conflict of interest disclosure.

He said that some entities under the Ministry of Education, Youth and Information are required to sign NDAs.

The Prime Minister said the matter is of concern to him, as “public Boards are public and operate in the public interest and should not withhold information when there is a public interest consideration”.