House Commences Debate on Proposed Amendments to Political Ombudsman (Interim) Act

Justice Minister, Hon. Delroy Chuck, says the work of the Office of the Political Ombudsman would be strengthened by having the Electoral Commission of Jamaica (ECJ) with nine individuals drawn from different segments of the society so engaged, versus the retention of a single person in that Office.

“This approach will allow for a more fulsome examination of the matters brought to the Office of the Political Ombudsman, as matters will be scrutinised through the individual and collective lenses of the members of the ECJ, who are required to exercise fairness and who are bound by the Electoral Commission (Interim) Act to perform their functions within specified parameters.

“It is also anticipated that this amalgamation of functions will result in institutional and financial gains to the Office of the Political Ombudsman. The unanimous report of Parliament detailing the assumption of the responsibilities of the Office of the Political Ombudsman by the ECJ was submitted to Cabinet by the Ministry of Justice, which was approved by Cabinet. Since then, the Ministry of Justice has been in contact with the Commissioners of the ECJ who are in agreement with the assumption of these responsibilities as proposed,” he said.

Minister Chuck made the remarks while piloting the Bill, which seeks to amend the Political Ombudsman (Interim) Act and consequentially amend the Electoral Commission (Interim) Act, in the House of Representatives recently.

He further noted that enforcement of the recommendations of the Political Ombudsman becomes easier, as there is greater persuasive power by having representatives from the two main political parties, which will, in turn, give the recommendation of the ECJ greater legitimacy and greater likelihood of compliance.

“The work of the Political Ombudsman usually reaches its zenith in the leadup to elections, whether local government or general. It is, therefore, imperative that the political candidates sign the Political Code of Conduct at the earliest opportunity after nomination day,” the Minister said.

Mr. Chuck said the Commissioners support the move, noting that they were firm in their belief that the role and responsibilities of the Political Ombudsman are best assumed as an indivisible body, which is the full complement of the ECJ.

“In their letter to me, the Minister of Justice, the Chairman wrote, inter alia ‘The Commissioners continue to support the proposal that the functions of the Office of the Political Ombudsman [be assumed] by the ECJ. However, we are of the view that all Commissioners should perform the functions of the Political Ombudsman. The matters to be addressed by the Ombudsman are primarily related to conduct. We believe that the full Commission, including both Selected and Nominated Commissioners, are best suited to address the nuances related to conduct and we strongly suggest that, in this regard, the Commissioners shall be indivisible.’,” he informed.

The Minister explained that the proposal to amend the Political Ombudsman (Interim) Act, 2002, largely resulted from a motion that was originally moved in Parliament in November 2012 by the Member of Parliament for St. Catherine South Western.

“The proposition was for the Commissioners of the Electoral Commission of Jamaica to assume the responsibilities of the Office of the Political Ombudsman, and this was examined by a Parliamentary Committee and adopted unanimously. However, around that time, there had been an appointment to the Office of the Political Ombudsman. So as to avoid termination of this appointment and for the purposes of further consultation, the Government found it appropriate to delay the proposed amendment to the Political Ombudsman (Interim) Act until now,” he pointed out.

The office of the Political Ombudsman in Jamaica has been vacant since November 15, 2022.

“Consequently, the functions of the Office of the Political Ombudsman, in particular investigating complaints of misconduct or bias by political parties, its members or supporters, is not being carried out. The operation of the Office of the Political Ombudsman is intended to provide oversight of the conduct of political parties, its members and supporters by promoting good governance and ensuring that political actors adhere to prescribed codes and ethical standards.

“Similarly, the ECJ is expected to safeguard the democratic foundations of Jamaica by enabling eligible electors to elect, through free and fair elections, their representatives to govern Jamaica,” Minister Chuck said.

The debate on the Bill was suspended until further notice, as Members of the House raised concerns about several matters.