JMA head welcomes flex-work legislation

12:22 am, Fri September 26, 2014

The Jamaica Manufacturers’ Association (JMA) has welcomed Tuesday’s passage of  the flexi work week legislation in the House of Representatives.    
JMA President Brian Pengelley believes it’s a good move that will benefit both businesses and employees. He’s however urging fairness between employers and employees in structuring the 40 hour work week.

“It has to be fair to both parties,” he stressed.

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JMA head welcomes flex-work legislation

New pieces of legislation could be challenged in court

Two pieces of  tax legislation which were passed in the House of  Representatives on Wednesday could be challenged in the courts in the wake of  concerns about their constitutionality.

Opposition Spokesman on Finance, Audley Shaw, is conducting a review to determine whether the Bills breach the Constitution. Mr Shaw has raised questions about the Tax Collection (Miscellaneous Provisions) Act and the Tax Penalties (Harmonisation) Act which seek to give certain government agencies more power.

He argues that the Opposition is not ruling out court action to get the matter resolved as its exceedingly dangerous legislation. Under the provisions, assets could be transferred to the State, as the Commissioner-General of  Tax Administration Jamaica (TAJ) receives additional powers.

Meanwhile, Mr. Shaw has outlined the specific issues he has with the legislation.  Chief  among them is the ability of  the TAJ boss to register a certificate of  tax with the Supreme Court. This would have the same effect as a judgment of  the court.

He believes this eliminates the judiciary from the process and does not allow for due process or the seperations of   powers that are protected by the Constitution.

And Chair of  the Taxation Committee of  the Jamaican Bar Association, Debbie Ann Gordon, has also raised concern about the legislation. She has described some of  the provisions as draconian, and may give too much power to TAJ. Ms Gordon has expressed concern about the ability of  the Commissioner General to lodge a certificate which would act as a court judgment. This she argues eliminates the ventilation of  the matter in the Court, and is unfair to those being assessed.

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New pieces of legislation could be challenged in court

Jamaica tables legislation to deal with certain marijuana offences

Among the proposals is that users of small quantities of the drug will no longer have a criminal record, and smoking of the weed would be lawful under certain conditions. (Credit: Caribbean360/Bigstock)

KINGSTON, Jamaica, Monday June 30, 2014, CMC - The Jamaica government has tabled legislation allowing for the automatic expungement of convictions for certain minor marijuana related offences.

Justice Minister Mark Golding has tabled in the Bill which also makes provision that convictions on minor offences relating to the possession of or smoking ganja shall not be entered on the criminal record of the offender.

The Criminal Records (Rehabilitation of Offenders) Act, as the Bill is titled, provides that qualified offenders are to be regarded as “rehabilitated” at the end of five years without reoffending, and the convictions considered to be spent. Where the conviction is spent, the offender cannot for most purposes be required to disclose the spent conviction and cannot be prejudiced by it.

Plans are in the making for the decriminalization of possession of small amounts of marijuana.

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Earlier this month, the Portia Simpson-Miller administration had announced that Cabinet had approved certain changes to the law relating to marijuana.

“These relate to possession of small quantities of ganja for personal use, the smoking of ganja in private places and the use of ganja for medical-medicinal purposes,” Golding, said then as he announced the intention to amend the Dangerous Drugs Act

Among the proposals is that users of small quantities of the drug will no longer have a criminal record, and smoking of the weed would be lawful under certain conditions. But possession of marijuana would still be unlawful, though it would not lead to a criminal record.

But the Medical Association of Jamaica (MAJ) has taken issue with the changes proposed by the government in relation to the possession and smoking of marijuana.

It has warned that the relaxation of the laws will lead to more usage and consequently more mental problems among the population.

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Jamaica tables legislation to deal with certain marijuana offences

Marching against "a bad piece of legislation"

Jamaica Teachers’ Association (JTA) President Dr Mark Nicely (right), accompanied by immediate past-president Clayton Hall (centre) and President-elect Doran Dixon (left), leads a march of teachers from the JTA’s Church Street offices in downtown Kingston to the Ministry of Education at Heroes Circle on Friday to hand-over a 15-page document containing the association’s response to the Jamaica Teaching Council Bill.

According to Dr Nicely, “the teachers are united in their decision” against the Bill. The document is the result of widespread consultation among the teachers.

“We feel that this draft bill is a bad piece of legislation and therefore cannot go forward in its current form,” Dr Mark Nicely told the Jamaica Observer.

He said the teachers’ union intends to publish details of the response.

The JTA members have strongly opposed aspects of the Bill, whose principal functions “will be the development of the registration and licensing standards and the accreditation of teacher certification”. (PHOTO: NAPHTALI JUNIOR)

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Marching against "a bad piece of legislation"