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LOCAL GOVERNMENT REFORM LEGISLATION APPROVED BY THE SENATE

The Three Strategic Laws, designed to give practical value to and enforcement of the Local Government Reform process, have now been passed in the Senate (January 8).

The Bills, which were piloted by Minister of Local Government and Community Development Noel Arscott, are the Local Governance Bill, the Local Government (Unified Service and Employment) Bill and the Local Government (Financing and Financial Management) Bill. They were initially approved by the House of Representatives in November, 2015.

At that time, Mr. Arscott said it is intended to create the framework within which local authorities will operate with greater scope and autonomy.

“Additionally, it will provide new and clear standards of accountability for local authorities, and place extensive public consultation and participation at the heart of the new environment of governance.”

 

The Bill provides for the establishment of a framework to accommodate the various types of local authorities; expand their mandate to include sustainable development and the maintenance of civic order; create accountability and transparency mechanisms for local authorities; define the role and relationship between the administrative and political organs of local authorities; and empower civil society and communities in the governance process.

In terms of the Local Government (Financing and Financial Management) Bill, the Minister said it seeks to identify sources of revenue from which Local Authorities will be financed.

“It also provides guidelines and oversight mechanisms for the prudent financial management, accountability and transparency of local authorities,” he stated.

This Bill also repeals the Parochial Rates and Finance Act.

“This piece of legislation will provide a comprehensive framework to address the financing and financial matters and management of local authorities. This framework is expected to facilitate efficient and transparent local governance,” he stated.

The Local Government (Unified Service and Employment) Bill establishes a framework for addressing human resource management issues with respect to staff employed in the service of Local Authorities. The Bill will also facilitate the establishment of a competent workforce with the requisite skills, orientation and commitment to local governance.

The law will repeal the Parish Councils (Unified Services) Act, the Municipal Service Commission Act, and the Poor Relief Officers (Unified Service) Act.

With the three Bills having been approved by both Houses of Parliament, they will be sent to the Governor-General for assent, before they can come into force as law.

NEW ARRANGEMENTS COMING FOR IMPROVED SOLID WASTE EFFICIENCY AND SECURITY AT RIVERTON AND OTHER DISPOSAL SITES

The National Solid Waste Management Authority (NSWMA) is reporting significant improvements in its waste collection and accountability activities, since the current Board of Directors assumed office six months ago.

 

In noting that the tenure of the Board commenced shortly after the extensive fires at the Riverton Disposal Site in St. Andrew in March this year, Board Chairman Dennis Chung says the NSWMA has been trying to dramatically improve service delivery and corporate governance, with a view to recovering public confidence.

 

With regard to service delivery, Mr. Chung noted that improvements are not being limited to the Riverton Site: “The Board has visited most of the other landfills to see the condition they are in. The next one we will focus on after Riverton is Retirement in Montego Bay, as this stores the next highest amount of waste after Riverton and is in need of some attention. Doctors Wood is being deactivated and plans are afoot to install a transfer station instead. All other Disposal Sites will be given attention thereafter. Enforcement activities have been ramped up and the enforcement team is focusing on regularizing commercial disposal, and also will be focusing on enforcement against individuals. We have already been ticketing persons for offences such as urinating in public and illegally storing garbage.”

 

The NSWMA Chairman also stated that the Agency’s minimum standard for garbage collection will be once per week. “We recognize this is still a sore point but our abilities are limited now, as compactors are needed. We have been working on this area and we have seen a 40% fall in customer complaints even though it is still an issue.” Mr. Chung also confirmed that the 17 compactor trucks to be acquired by the Agency at a cost of 1.9 million Euro should be available for use by May of 2016.

 

On the subject of financial accountability as a part of Corporate Governance, the NSWMA Chairman revealed that the Agency is implementing appropriate accounting controls and processes to ensure accurate and consistent information collection and recording, along with asset protection. “We also have consultants assisting with the process and also working on getting the back data up to date, so that we can quickly produce the audited financials outstanding. There are a few statements for NSWMA and the Regions that were being worked on by the previous board that have been approved. For me this is probably the area of greatest weakness right now within the Organization, but I am satisfied that with the changes now being effected, this will change in due time for the better.”

In his remarks, Minister of Local Government and Community Development Noel Arscott noted that approximately J$69 million has been spent to effect the changes that were promised to improve efficiency at the Riverton Disposal Site. The changes include:

  • The covering of the Riverton Disposal Site.
  • The re-establishment of tipping cells and roads to access these cells.
  • The installation of fire suppression equipment.
  • The construction of the Riverton access road using concrete.
  • The removal of the stock of disused tyres from the Disposal Site.
  • The insertion of pipes to extract methane gas from the Site.
  • The separation of waste by type (organic, plastic, electronic) and
  • The expansion of the fleet of waste collection trucks.

The Minister announced that many of these targets have been met, with others at advanced stages of implementation. “With regard to the removal of old tyres from the Site, which constitute the main feeder of fires and thick smoke, land has been identified and the Authority is awaiting approval from the National Environment and Planning Agency (NEPA). Once this is received, the tyres will be relocated to that site, which has already been prepared for use. The NSWMA has also entered into a Partnership with the Ministry of Agriculture and Fisheries to remove 5,000 tyres, which will be used to construct artificial reefs. Additionally, a Pilot tyre-collection programme is also being implemented in the Portmore Municipality.”

The Minister also disclosed the Weigh Scale facility at the Disposal Site will be restored, to facilitate accurate measurement of the waste being taken there. “Various anomalies exist in the carrying capacity of the units that serve the system, with the effect that less than agreed volumes of garbage are being delivered to the Disposal Sites. Only the establishment of a proper weigh-scale facility will eliminate these problems. This is to be fully operational by the end of January 2016, and is aimed at ensuring that fees are based on the total volume of garbage delivered to the site, instead of   individual truck-loads. The information will then be used to calculate payments to collection contractors.”

On the subject of effective security for the 120-acre site, Mr. Arscott announced that since a security review conducted in the wake of the March fires, new fencing has been installed around the perimeter of the Scale House and the Site’s equipment storage yard, and fences around the administrative building have been repaired. “This should assist in the restriction of access by unauthorized individuals and animals, and also protect staff and equipment. Just as importantly, the 120-acre Disposal Site is now monitored by regular patrols of military and police personnel. It is intended that the presence of these joint teams will become permanent by February of next year, contingent on the construction of a barracks to house assigned members.”

LOCAL GOVERNMENT REFORM LEGISLATION PASSED BY THE HOUSE OF REPRESENTATIVES

The Three Strategic Laws, designed to give practical value to and enforcement of the Local Government Reform process, were passed in the House of Representatives on Tuesday, November 10.

The Bills, which were piloted by Minister of Local Government and Community Development Noel Arscott, are the Local Governance Bill, the Local Government (Unified Service and Employment) Bill and the Local Government (Financing and Financial Management) Bill.

Commencing the debate on the Local Governance Bill, Mr. Arscott said it is intended to create the framework within which local authorities will operate with greater scope and autonomy.

“Additionally, it will provide new and clear standards of accountability for local authorities, and place extensive public consultation and participation at the heart of the new environment of governance.”

The Bill provides for the establishment of a framework to accommodate the various types of local authorities; expand their mandate to include sustainable development and the maintenance of civic order; create accountability and transparency mechanisms for local authorities; define the role and relationship between the administrative and political organs of local authorities; and empower civil society and communities in the governance process.

In terms of the Local Government (Financing and Financial Management) Bill, the Minister said it seeks to identify sources of revenue from which Local Authorities will be financed.

“It also provides guidelines and oversight mechanisms for the prudent financial management, accountability and transparency of local authorities,” he stated.

This Bill also repeals the Parochial Rates and Finance Act. “This piece of legislation will provide a comprehensive framework to address the financing and financial matters and management of local authorities. This framework is expected to facilitate efficient and transparent local governance,” he stated.

The Local Government (Unified Service and Employment) Bill establishes a framework for addressing human resource management issues with respect to staff employed in the service of Local Authorities. The Bill will also facilitate the establishment of a competent workforce with the requisite skills, orientation and commitment to local governance.

The law will repeal the Parish Councils (Unified Services) Act, the Municipal Service Commission Act, and the Poor Relief Officers (Unified Service) Act.

In his contribution to the debate, Minister of State in the Ministry of Local Government and Community Development, Colin Fagan, welcomed the passage of the pieces of legislation. “I think this is a good day for the Parish Councils,” he said.

Opposition Spokesperson on Local Government Desmond McKenzie also hailed the passage of the Bills.

The pieces of legislation will now be sent to the Senate for approval.

MOU SIGNED BETWEEN MINISTRY OF LOCAL GOVERNMENT AND UTECH

The Ministry of Local Government and Community Development has entered into a teaching and expertise-sharing Memorandum of Understanding with the University of Technology (UTECH). This was solidified in a formal signing ceremony recently, hosted by the Ministry at its corporate office in Kingston.

The Ministry and the prominent tertiary institution will, through the agreement, collaborate to conduct research in areas of interest including the Design, Maintenance and Management of urban centres, Local Sustainable Development Planning, Drainage design and Construction, Project Management and Costing, Sub-division design and approval. It will also facilitate the exchange of professional ideas and skills, through the training that UTECH will provide to selected staff members of the Ministry, Agencies and of the Parish Councils and the Portmore Municipal Council.

In his remarks, portfolio Minister Hon. Noel Arscott said the MOU is particularly important, in the context of Jamaica’s challenges in developing residential and commercial spaces in a structured and standard-governed manner. “Over the next year, we will work together, sharing our resources in a structured manner by way of this MOU, to develop solutions to some of the problems that still arise in civil engineering and related matters. I am happy to observe that the one-year timeline can be extended by mutual agreement, and in that spirit, I will call this an initial period of co-operation.”

Mr. Arscott also noted that the timing of the MOU coincides with the development of the National Building Bill, which, when completed for tabling, Parliamentary debate and passage, will provide the legal and regulatory framework by which all standards governing Jamaica’s residential and commercial housing stock will be judged. The Bill will help to reduce the vulnerability of the built environment, give effect to the National Building Code, encourage and ensure public safety, minimize damage caused by natural or man-made hazards, prevent the creation of new squatter settlements and promote sustainable development.

President of UTECH, Professor Colin Gyles, also noted the importance of the MOU to the expansion and development of local solutions to engineering challenges that are peculiar to Jamaica. Professor Gyles also said that UTECH is ready to support policy and legislative initiatives aimed at transforming the built environment, and noted that UTECH will be contributing to the administration of the National Building once it is approved. “The University will be one of four nominating entities for representatives on the Building Practitioners Board, which is one of the standards enforcement mechanisms in the new law. This Board will determine among other things, qualifications, requirements and other criteria for licensing building practitioners and regulating their professional conduct.”

LOCAL GOVERNANCE BILL TABLED IN PARLIAMENT

The last of the three Strategic Laws designed to give Local Government Reform practical effect within Jamaica is now before Parliament.

The Local Governance Bill, which was tabled in the House of Representatives recently, is intended among other things to give Local Authorities greater scope and autonomy in the management of local matters. The Bill also provides a clear accountability framework, to ensure that the activities of the Local Authorities reflect the wishes of the people they serve.

According to Minister of Local Government and Community Development Noel Arscott, this framework is critical to the effort to make the plans and operations of Local Authorities completely transparent and clearly felt at the community level.

“One feature of this new thrust is that each Local Authority will be required to conduct community meetings at least once every year, and report to the residents who live within the Authority’s area of responsibility, about its performance and plans. The Bill also proposes to change what we now call Parish Councils and the Portmore Municipal Council, to Municipal Corporations, which will have increased authority to act within their areas of responsibility. In keeping with the theme of increased responsibility, the Bill also requires Local Authorities to ensure the proper management of a Municipal Police Force, in collaboration with the Minister of National Security and the Commissioner of Police among other stakeholders. This Bill and its two companion pieces of legislation are proof of our seriousness about transforming Jamaica through Local Government, and I look forward to piloting them through the House.”

The main objectives of the Local Governance Bill include:

(a) Establishing a rational framework within which the various types of Local Authorities will
operate;

(b) Broadening the mandate of Local Authorities by making them responsible for good
governance, sustainable development and maintenance of civic order within their
jurisdictions, and enabling them to exercise powers and perform functions assigned to
them;

(c) Defining the roles of and relationship between, the political and administrative organs of
Local Authorities; and facilitating the participation and empowerment of civil society and
communities in local governance.

The tabling of the Local Governance Bill follows that of the Local Government (Unified Service and Employment) Bill and the Local Government (Financing and Financial Management) Bill. All three Bills are to be debated in Parliament and are available for viewing on this website. 

NATIONAL BUILDING BILL AT ADVANCED STAGE OF DEVELOPMENT…TO BE TABLED SOON IN PARLIAMENT

Minister of Local Government and Community Development, Hon. Noel Arscott, says the National Building Bill now being developed will have a profound impact on the way commercial and residential construction is conducted in Jamaica.

Speaking recently at the launch of Engineers’ Week 2015 in Kingston, Mr. Arscott said Jamaica has had historical problems with insufficiently planned development, illegal occupation of, and illegal construction on private and public land and legislation that has lost its relevance to modern realities. He said the National Building Bill has three broad aims, which are to create a new legal and regulatory framework, reduce the vulnerability of the built environment and ensure public safety, and minimize damage caused by natural or man-made hazards, prevent squatter settlements and promote sustainable development.

“The Bill will regulate building work by requiring permits, regulate change of building use, give effect to the National Building Code, facilitate the adoption and application of internationally recognized building standards, as well as the accreditation of building products, construction methods, building components and building systems. These emphases on modernity and effectiveness also include the construction of buildings that are environmentally friendly and energy-efficient, and, also, accommodate the public good through features such as sanitary facilities and access points for persons with physical challenges.

It will also create the framework for an efficient system for issuing building permits and certificates of occupancy, establish a fair system for the resolution of building disputes, regulate training and certification standards, license building practitioners and establish procedures for recognizing building professionals.”

The Minister also disclosed that the Kingston and St. Andrew Corporation and all Parish Councils and Municipalities, will constitute Local Building Authorities, who will provide overall administration of the Bill in their respective jurisdictions. They will consider applications for building permission, ensure that all building work within their areas of jurisdiction is carried out in accordance with the Bill and the National Building Code; issue certificates of compliance and certificates of occupancy for buildings and building work, and prescribe fees for services provided by them or on their behalf. Mr. Arscott also said the Bureau of Standards will function as a national Standards Authority, with the responsibility for administering the National Building Code.

The Code applies to every builder, every owner or occupier of land where building work has been carried out or is to be carried out, any person who carries out, or tries to carry out  building work, and any other person involved in managing work on any parcel of land. It also covers every building practitioner or building professional who prepares plans and specifications for building work.

 

In noting that there have been instances where developments have caused conflict with the residents in the areas they are being implemented, the Minister said the Bill will provide a mechanism to ensure that the rights of individual property-owners and communities are respected. This will take the form of a power being given to a Local Building Authority to convene public or private consultations, where building work is proposed or where there is objection to the works proposed. The Authority will then consider whether the proposed building work is likely to have an adverse impact on any person; and whether the proposed use of the building and the nature of the construction will require interested persons and other members of the public to be notified.

The National Building Bill contains updated penalties for a range of breaches, from the commencement of works without permission, to the prevention of authorized representatives of the Local Building Authority from inspecting projects. However, there are safeguards to ensure that decisions made are fair, and encourage the members of the industry to participate fully in the new regime of compliance, and to ensure the timely application of modern standards as they emerge.

The Minister explained that the first of these is a Building Appeal Tribunal, which is authorized to hear any complaint submitted to it in relation to any decision of the Building Authority.

There will also be a Building Practitioners Board, which will among other things, define and establish categories of building practitioners and determine the scope and nature of building works that each category shall be licensed to perform. The Board will also determine qualifications, requirements and other criteria for the licensing of building practitioners, issue licenses to them, establish guidelines regarding licensing systems, and review and monitor their professional conduct. The Board will have the power to appoint examiners to test persons applying for licenses as building practitioners; and prescribe the procedure to be followed in respect of disciplinary proceedings against building practitioners.

The Bill will also create a Building Advisory Council, which will advise the Minister about matters of general policy relating to the building industry, and the administration of the Building Bill and Regulations.

GROUND BREAKING FOR WESTMORELAND PARISH COUNCIL BUILDING

Ground was officially broken yesterday for the construction of a new building for the Westmoreland Parish Council.

At a special ceremony held in the parish capital, Savanna-La-Mar, members of the Council’s administrative staff and Councillors, the three Members of Parliament for Westmoreland and other specially invited guests welcomed the start of the construction project, which should be completed in May, 2016.

MP for Western Westmoreland, Tourism and Entertainment Minister Dr. Wykeham McNeil, MP for Eastern Westmoreland and State Minister for Agriculture & Fisheries Luther Buchanan and MP for Central Westmoreland Dwayne Vaz, all endorsed the project, describing it as critical to the service of the people of the parish.

In his remarks, portfolio Minister Noel Arscott reminded Councillors that while the new building will be a modern comfortable location from which to operate, it was a place from which improved public service is expected. “It is a springboard for greater service to your constituents. It will be the place where you collaborate and devise innovative ways to improve people’s lives. It is the place from which you will implement your plans to make Westmoreland the parish of choice, in a Jamaica where people will want to live, work, raise families and do business… I feel confident that when the last block is laid, the last coat of paint is applied and the fixtures are installed, the public can taste and see that the J$74.8 million dollars spent, was good value for money.”

The contract for the construction of the building was signed on July 13. When completed, it will be a modern, two-storey facility, which will feature contemporary roofing, modern sanitary conveniences, high ceilings and large windows to facilitate natural lighting and ventilation. In addition, there will be LED lighting systems, and solar panels will ensure energy efficiency.

The contractor responsible for this project is N.R. Diaram Construction Limited.

BILL TO GIVE LOCAL GOVERNMENT CONSTITUTIONAL PROTECTION PASSED BY THE SENATE

The Senate has approved the Constitution (Local Government) (Amendment) Bill, which, when brought into force, will place the system of Local Government in the Constitution of Jamaica. The Bill seeks to insert provisions for the system of Local Government into the Constitution of Jamaica, and is a critical part of the Local Government Reform agenda.

The Bill, which was originally tabled in the Lower House on September 30, 2014, was piloted in the House of Representatives by Local Government and Community Development Minister Noel Arscott in January 2015, and passed by the House on May 12.

The legislation defines the purposes of Local Government, which include encouraging and assisting the effective participation of local communities in local government, and giving Local Authorities the ability to provide local public services, facilities and any related activities to the benefit of local communities and the wider public. Local Authorities will also be empowered to carry out regulatory functions as allowed by law.

The Bill also establishes the power of Parliament to pass laws that will allow Local Authorities to generate and spend their own revenue. Parliament is also given the authority to assign functions between the various levels of government, and to determine how Local Authorities are constituted and their functions defined.