Chuck: Ministries dragging feet on updating archaic fines

Several government ministries have not yet submitted lists of offences with “absolutely ridiculous” monetary fines that fall under their purview, Justice Minister Delroy Chuck has disclosed.

The revelation comes years after the Government, through the justice ministry, began legislative reforms targeting nearly 700 mostly archaic laws with outdated monetary fines that have not been adjusted for decades.

It also comes as the Public Accounts Committee (PAC) of Parliament begins the lengthy process to have University Hospital of the West Indies (UHWI) Chief Executive Officer Fitzgerald Mitchell face the court and a maximum $200 fine for failing to appear before its members to answer questions.

The justice ministry has updated all legislation with outdated penalties that fall under its purview, Chuck said last week.

However, noting that “many” of these laws fall under other ministries, Chuck said the justice ministry has taken numerous steps to get them to submit proposed updated penalties, but is still awaiting responses.

“I think only one or two ministries have responded with one or two [legislation],” he said during a press conference at his St Andrew offices, calling some of the fines “absolutely ridiculous”.

“I have reported to the Cabinet. The permanent secretary has taken it up at the permanent secretaries’ board meeting on a regular basis, but we are still awaiting the update on the penalties.”

The legislative reform was sparked by public outrage after a judge imposed the maximum fine of $100 on alleged gang leader Tesha Miller after he pleaded guilty to making a false declaration to immigration officials.

NO SHOW

Mitchell, the UHWI CEO, was a no-show after he was “ordered and summoned” to appear before the PAC on June 16 to give evidence and produce documents “to facilitate the committee’s review of the findings of a performance audit of the hospital”.

The audit, which was conducted by the Auditor General’s Department, raised questions about governance and procurement breaches at the UHWI, the “splintering” of contracts, and the misuse of the hospital’s tax-exempt status to import millions of dollars’ worth of goods for private companies.

The summons was issued on June 8, in accordance with Sections 5 and 6 of the Senate and House of Representatives (Powers and Privileges) Act and the Standing Orders of the House of Representatives, Senior Legislative Counsel to the Houses of Parliament Tiffany Stewart disclosed at the time.

Failure to attend Parliament and give evidence or produce documents constitutes an offence under the Senate and House of Representatives (Powers and Privileges) Act, which carries a maximum fine of $200.

All lawmakers who were present at the June 16 meeting voted to adopt a recommendation by Stewart that a report related to Mitchell’s no-show be drafted and sent to the Speaker of the House of Representatives as a first step towards triggering contempt proceedings against him in court.

When the PAC resumed meetings on Tuesday following the summer break, Chairman Julian Robinson indicated that a “draft report” had been prepared, but there was no indication when a final report would be completed.

“I will ask, through the committee clerk, for a time frame to be provided so that the draft can be finalised and sent to the Speaker, so that the process that the committee agreed on can take place,” Robinson said.

The report has to be tabled in Parliament, after which the PAC chairman will be required to move a motion to have the House of Representatives refer it to the Privileges Committee, according to a legal opinion drafted by Stewart.

The Privileges Committee would then be required to submit a report to the House of Representatives setting out its findings and recommendations, including whether an individual should be held in contempt.

The clerk to the Houses of Parliament, acting on a resolution of the House and the Speaker’s direction, would refer the matter for the consideration of the director of public prosecutions after lawmakers pass a resolution declaring the individual to be in contempt, Stewart opined.

livern.barrett@gleanerjm.com