Durrant Pate/Contributor

In a dramatic sitting of the House of Representatives yesterday, former Cabinet minister and veteran parliamentarian Karl Samuda broke ranks with his government side during the debate on a bill to amend the Political Ombudsman (Interim) Act, 2002 for the commissioners of the Electoral Commission of Jamaica (ECJ) to assume the role of the political ombudsman.

In his contribution to the debate on the bill, Samuda issued a clear and unambiguous caution to his colleagues on the government side about the proposed changes to the ECJ, which has been working well, resulting in Jamaica’s good standing in electoral reform and the administration of free and fair elections.

According to Samuda, “I don’t believe that the ECJ should be tampered with… the ECJ has made Jamaica proud demonstration the success… I don’t believe this (changes to ECJ) should be hurried.”

The veteran parliamentarian, who served the ECJ and its predecessor, the Electoral Advisory Commission, for a number of years, argued that whatever the challenges facing the ECJ, they can be “solved without tampering what we have achieved, I feel very strongly about this”.

Samuda insisted that the differences between the Government and Opposition are not insignificant, citing the need for more consultation. He remarked: ”It is not beyond collective wisdom to fix it but do not tamper with Electoral Commission of Jamaica.”

Centralising Office of the Political Ombudsman

Justice Minister Delroy Chuck, who opened the debate on the bill, argued that the amalgamation of functions will result in institutional and financial gains to the Office of the Political Ombudsman.

According to Chuck, “It is an opportune time for the implementation of the proposed centralisation of services provided by the Office of the Political Ombudsman under the auspices of the ECJ as the independence of the Office of the Political Ombudsman would be strengthened as a result of the expansion of the commission from one (1) individual, to the ECJ. 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.”

The justice minister highlighted that several alternative arrangements were considered and discussed with the ECJ, but the ECJ commissioners were firm in their belief that the role and responsibilities of the political ombudsman is best assumed as an indivisible body, which is the full complement of the ECJ.

“It is the Government’s considered view that more benefit will be derived by the country from having the ECJ with nine individuals drawn from different segments of the society, with varied skills that can be applied to the conduct of the work of the Office of the Political Ombudsman, versus the retention of a single person in that office,” Chuck told the House of Representatives.

Opposition misgivings

The Opposition leader pointed to misgivings with the bill, urging the Andrew Holness administration to tread carefully on the matter while highlighting that this is the first time that his side is seeing these bill. Mark Golding underscored the need for his side to be given the chance to look at the bill in detail and carefully examine it. He lambasted the attempt by the Government to table the bill and expects to have it passed on the same day.

Golding again pointed to the usual bipartisan approach in dealing with electoral matters. The Opposition has been steadfast in arguing for the retention of the office, especially given recent concerns regarding breaches of the Political Code of Conduct while the Government is arguing to the contrary.

At present, the functions 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 bill as a result of a proposal by minister without portfolio in the Ministry of Economic Growth and Job Creation with responsibility for Works and member of parliament from South West St Catherine, Everald Warmington, who wants to see the disbandment of the Office of the Political Ombudsman.

The office has been vacant since November 15, 2022.