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Prime Minister Andrew Holness is accusing the Opposition of plagiarising its pre-charge detention order, a crime fighting strategy the Government had suggested under the Enhanced Security Measures Act (ESMA).

Holness was speaking at a state of emergency (SOE) checkpoint at Langston Road today (November 28), where he said the pre-charge detention measures were already proposed by the Government under ESMA, but was shot down by the People’s National Party (PNP).

According to Holness, in 2019 the Government had estimated that there were about 300 to 350 critical violence producers who were contributing significantly to the increase in murders.

“We proposed then, that there ought to be a limb in that legislation, an important plank of that legislation which provides for the detention of such persons who are creating problems,” shared Holness.

He noted that the SOEs work because they detain the violence producers and the Government was seeking to have that same measure implemented in the ESMA.

“The Opposition, at that time when it was proposed, and Minister [Marlene]Malahoo Forte was in charge of putting the legislation together, they [passionately] opposed any form of detention,” he noted.

Holness further shared that the Government had made the necessary changes, and announced they were close to completing the ESMA yesterday (November 27). They would then submit a proposal to Cabinet by January next year, he added.

But now, Holness said, the Opposition has changed its mind.

Speaking to reporters after the People’s National Party’s (PNP) National Executive Council meeting at Spanish Town Primary School on Sunday (November 27), Opposition Leader Mark Golding suggested a pre-detention order to protect citizens against criminals.

“I am of the view that pre-charge detention is warranted in Jamaica’s present context in relation to known violence producers who have been identified by credible intelligence as posing a realistic danger of imposing serious violence on one or more individuals or the community,” said Golding.

This pre-detention plan, proposed by Golding on Sunday, was the same measure suggested by the Government in 2019, said Holness.

“I have now heard that the leader of the opposition has changed his tune and has said, there is a form of detention that he would agree to. Now, can you imagine, we had proposed this form in 2019, it was totally rejection by the Opposition, but now they come to say that ‘yes, they are proposing it”.

“Aside from the obvious plagiarism, which is being perpetrated by the leader of the opposition, one has to wonder, what is the motive? If they could come to this position now, why couldn’t they have accepted it when we presented it to them three years ago?” he questioned.

If the measures were agreed to three years ago, Holness said the Government would have already solved the issue. Nevertheless, he said his administration was happy that the Opposition was now in agreement with the detention measure.

“So, I want to give you some assurance that hopefully by January next year we will have some legislative certainty about the powers that the JCF can use to ensure that the criminal element is brought under control,” Holness stated.

Government contemplating another SOE

Holness also shared that the Government was considering the implementation of a new State of Emergency (SOE) when the current SOEs expire, after failure to have an extension approved in the Senate last Friday.

“It is certainly being contemplated by the Government to declare a new state of public emergency. It is well within our Constitution to do so, to make a declaration under new circumstances and with new advice,” said Holness.

He added that the Government was keeping a watchful eye on the current situation, to see if there are any adverse changes when the measures come to an end tomorrow (November 29).

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