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BILL TO GIVE LOCAL GOVERNMENT CONSTITUTIONAL PROTECTION PASSED BY HOUSE OF REPRESENTATIVES

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The Constitution (Amendment) (Local Government) Bill, 2014, has just been passed by the House of Representatives (May 12). The Bill, which must now be considered by the Senate for approval, seeks to insert provisions for the system of Local Government into the Constitution of Jamaica.

The Bill 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. Parliament will also have the power to determine the holding of Local Government elections among other things.

LOCAL GOVERNMENT MINISTRY HITS BACK AT ALLEGATIONS THAT USE OF PRIVATE LAWYER FOR ITS PERMANENT SECRETARY’S DEFENCE WAS IMPROPER

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The Ministry of Local Government and Community Development is refuting claims recently aired by Radio Jamaica that persons within and outside the Ministry of Local Government and Community Development, have expressed concern and outrage at the use of private legal counsel in the defence of the Permanent Secretary, Mrs. Dione Jennings. This emerged from the serving of summons on Mrs. Jennings by the Southern Regional Health Authority, arising from the Riverton Disposal Site smoke nuisance that occurred in March.

The Ministry, in fact, through formal letters dated March 23 and March 25, sought guidance from the Attorney-General’s Chambers regarding the most appropriate course of action. Specifically, the Ministry requested, among other things, that the Chambers provide representation in the matter. The Chambers responded on March 26 and gave clear advice to the effect that “…we are unable to do so having regard to the fact that the Chambers only appears in matters of a civil nature. The summons was issued pursuant to the petty session jurisdiction of the Resident Magistrate’s Court, which is a criminal jurisdiction. Consequently, the proceedings are of a criminal nature. It would therefore not be appropriate for a member of these Chambers to appear in a representative capacity. We would therefore urge you to utilize independent counsel…”

The Ministry further enquired whether it would be appropriate for the Ministry’s lawyers to represent the Ministry, and was advised that the Ministry’s lawyers could instruct external Counsel, who is experienced in criminal matters.

This was done, and the Ministry’s lawyers instructed Attorney-At-Law Mr. Peter Champagnie ,who defended the Permanent Secretary at no charge to the public purse.

Local Government Minister announces Pilot Streetlight Programme

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Minister of Local Government and Community Development Noel Arscott, has announced a pilot streetlight programme that will involve Light Emitting Diode (LED) technology. In his contribution to the Sectoral Debate today, the Minister indicated that 500 LED-powered Streetlights will be installed in various communities islandwide, with special consideration to be given to the six parishes with the best rate of Property Tax compliance. These parishes are Kingston/St. Andrew, the Portmore Municipality, Hanover, St. James, St. Mary and Westmoreland.

In stating that this tax is critical to the provision of streetlights among other things, the Minister revealed that the 2014/15 Property Tax collection target of J$7.26 billion was surpassed, with J$7.447 billion collected as at March 31.

Minister Arscott also provided an update about the general provision of streetlights. “Last year I reported to this Honourable House that a Request For Proposal (RFP) would be issued for the retrofitting of the streetlights with efficient Light Emitting Diode (LED). These will reduce power consumption and cost of service by over 60%.  The RFP was delayed to enable legal review and assessment options for structuring and financing the LED street lighting project. The IDB will finalize the consultant’s report by the end of April.

We are in the final stage of determining the approach for the replacement programme with the Energy Sector Enterprise Team (ESET), Jamaica Public Service and the Ministry of Finance. Our objective is to have the existing streetlights replaced over a period of 12 months once the service provider is chosen. Arising from this, the JPS has four weeks, commencing April 15, 2015, to prepare and submit a proposal for the replacement of the existing streetlights.”

Local Government Minister announces Launch of Special Community Development Programme through Small Business

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Local Government and Community Development Minister, Noel Arscott, says the Local Economic Development Support Programme (LEDSP), will be launched next month.

In his contribution to the 2015/16 Sectoral Debate today, Mr. Arscott announced that while the programme will be officially launched in May, the LEDSP is already being implemented through the Ministry’s Agency, the Social Development Commission (SDC). The SDC  is providing assistance through training, business plan development and networking of more than 60 projects island-wide, valued at J$268 million.  Additional projects, at a minimum value of J$33 million are proposed for this financial year.

Mr. Arscott stated that the LEDSP will allow for job creation for people within their communities. “The Local Economic Development Support Programme is island-wide in scope, and designed to bring partners in your area together, to create opportunities for you.

In preparation for the program, 27 SDC officers were trained and certified in social entrepreneurship and business development by the Mona school of business at the University of the West Indies, and scores of community persons have received training in models for business development in island wide workshops organized by the SDC. In addition, 16 business and entrepreneurship seminars were held, and 31 business plans created. The SDC has been working with people in their communities, to develop viable business projects in agriculture, beekeeping/apiculture, craft, food processing, plastic bottle recycling and water harvesting among others. The SDC, working with its partners, implemented 74 successful initiatives, valued at J$450 million.”

LOCAL GOVERNMENT MINISTER NAMES NEW NSWMA BOARD

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Minister of Local Government and Community Development, Noel Arscott, has named a new Board of Directors for the National Solid Waste Management Authority (NSWMA). The new nine-member Board is to be chaired by Dennis Chung, and will include businessman Mr. Gary “Butch” Hendrickson, and environmentalist Ms. Bevon Morrison.

The Minister also announced an increase in the original reward of J$50,000 by Crime Stop, to J$300,000, for information leading to the arrest and conviction of the person or persons involved in starting the fires at Riverton Disposal Site.

In his contribution to the Sectoral Debate at Gordon House today, the Minister expressed regret about the recent fires at Riverton, and stated that a short to medium-term Operational Plan is being implemented to address the issues there. These include the covering of the Disposal Site, which has been completed:

    • Re-establishing tipping cells and roads to access the cells.
    • Installing fire suppression equipment with pump and a 125-thousand gallon water tank
    • The construction of the Riverton access road using concrete solution
    • Removing the stock of tyres from the Disposal Site
    •  Separation of waste (plastic, organic)

In addressing these plans, the Minister advised that tipping cells will be re-established, utilizing one cell at a time, not exceeding five acres, and covered in keeping with the Environmental Permit granted by the National Environment Planning Agency (NEPA). The cells will be covered once per month, and this model will be implemented at all 8 disposal sites island-wide. Minister Arscott also stated that the fire suppression system will be fully operational by August this year, and that similar system will be installed at Retirement Disposal Site in St. James in the next fiscal year. With regard to the expected access road to the Riverton Site, the Minister announced that work will commence this year, at a cost of US$1.8 million.

The portfolio Minister also disclosed that progress has been made in the long-term strategy, of divesting existing disposal sites to facilitate waste management solutions. “As it relates to the divestment of the sites, two Requests for Proposals for the utilization of waste were issued without success. We will however be approaching the investment community again, given the positive responses we have received from the invitations for Expressions of Interest. In this regard, Mr. Speaker, I wish to advise that Cabinet has approved the establishment and authorization of an Enterprise Team led by Mr. Richard Gordon, to select the preferred waste management services provider.”

Minister Arscott stated that the governing Agency, the National Solid Waste Management Agency (NSWMA) will be supported in its public cleansing mandate through the provision of 10 trucks valued at J$250-million. The regulatory powers of the NSWMA are also to be strengthened through the passage of the National Solid Waste Management (Public Cleansing) Regulations, 2015 and the National Solid Waste Management Authority (Disposal of Solid Waste) Regulations, 2015.

Additionally, the Minister indicated that he will be seeking to increase the fines for littering in public places.

Local Government Minister to name new NSWMA Board

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Local Government Minister Noel Arscott has announced that a new Board of Directors is to be installed at the National Solid Waste Management Authority (NSWMA).

 

In the wake of media reports that a number of Board members have resigned, in the midst of the smoke nuisance at Riverton Disposal Site, and the decision not to renew the contract of former Executive Director of the Agency, Jennifer Edwards, the Minister announced that 7 of the 11 members have departed the Board. This means that the Board has no quorum which would allow it to meet or take decisions.

“It is now my task to seek new membership to reconstitute the Board of the NSWMA, and I am grateful for a number of expressions of interest that I have already received. I intend in short order to propose a new Board to Cabinet for approval, so that the Agency can have the certainty of having a Board of Directors, who in turn can make the necessary decisions about the direction and executive complement of the Agency.” The Minister also stated that the Board will among other things, be responsible for considering divestment options in relation to the Riverton Disposal Site.

Private Sector Interested in Riverton

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Local Government Minister Noel Arscott has announced that an Enterprise Team has been established to examine proposals from private sector entities that have expressed interest in taking over the management of the Riverton Disposal Site. “An Enterprise Team has been approved by Cabinet to examine 15 proposals and to come up with a solution, having done an evaluation, (of) whether a waste to energy or a waste management facility is feasible…. the committee will examine all the options to privatise the dump.”

 

The Minister also revealed that the issue of a tipping fee, which is the amount charged for the offloading of garbage has been a major sticking point in the effort to divest Riverton to private entities.

 

“In Jamaica, we currently charge $1,000 per truck load, and it is called an administration fee. It is a significant source of revenue for managers of landfills. Because of the way our country has evolved, we don’t have a tipping fee and it is part and parcel of some of the problems with limited resources in managing the thing properly,” Mr. Arscott said.

 

The Local Government Minister also announced that the Disposal Site is now almost completely covered, and that “plans are now in place that it will be maintained and that no more than 10 acres will be opened at any given time”.

 

The recent fire, which is the biggest ever at the disposal site, has cost J$235 million, to date, to extinguish. The Minister announced that as of June this year, tyres – one of the biggest contributors to smoke nuisance – will no longer be accepted at Riverton. “The management of organic waste is also of concern, as it is well known that where it exists in abundance, there is the production of methane gas and the chances of spontaneous combustion increase. We are also going to reduce the amount of organic material going into the dump, and with the help of the Government of Japan, we will be establishing a facility, separate from Riverton, for the processing of organic waste.”

Local Government’s contribution to national development emphasized, as portfolio Minister Noel Arscott Officially opens roads in St. Catherine

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Minister of Local Government and Community Development Hon. Noel Arscott, officially opened recently rehabilitated parochial roads at Springvale in Bog Walk and at Kelly Pen in Old Harbour Bay today.

This 1.5 km Springvale Road, which falls in the constituency of North-Central St. Catherine, was rehabilitated under the Parochial Roads Programme of the Ministry of Local Government and Community Development, and funded by the Ministry and the St. Catherine Parish Council. The project cost J$27 million, and involved earth works, drainage and pavement works inclusive of double surface dressing.

In commending the work done to restore the road, Minister Arscott said it holds great significance for the people of Springvale, as it is the main route out to neighbouring communities such as Content and Cameron. The Minister noted that the Springvale Road had deteriorated over a 40 year period, and said that this had negatively affected the economy and social development of the area, as farmers struggled to get produce to market and transportation providers largely avoided it, leading to the near closure of the Springvale Primary School.

The Minister of Local Government expressed confidence that the economy of Springvale will significantly improve because of the rehabilitation works.

The message was that of community care for public investment, when the Minister toured and officially opened the road at Kelly Pen in Old Harbour Bay, which falls in the constituency of South-West St. Catherine. The area, which features livestock rearing as its chief economic activity, is also the official route for moving people out from Kelly Pen, to Port Esquivel to Freetown, should the threat of disaster or an actual disaster occur.

 

The works for the .652 km Kelly Pen Road project included Site Clearance and the Resurfacing of the roadway, at a cost of J$14 million. This project was also financed by the Ministry of Local Government and Community Development and the St. Catherine Parish Council.

 

In stating that the road improvements demonstrated tax dollars at work, Minister Arscott urged full Property Tax compliance. “Property Taxes are critical to our Ministry’s efforts to fix roads like these all over Jamaica, under the Parochial Roads Programme. Over the last three years we have spent over J$6 Billion to repair over 520 kilometres (327 miles) of road. We have cleaned 3,475 kilometres (2,159 miles) of drains, and we have done bushing works along 2,256 kilometres (1,401 miles) of road. We have a Property Tax target of J$7.26 billion to meet this year, and collections are just over J$5 billion. We want to close the revenue gap, so that you can receive even greater service from us.”

DEBATE ON PLACING LOCAL GOVERNMENT IN THE CONSTITUTION OF JAMAICA TO START IN PARLIAMENT

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Minister of Local Government and Community Development, Hon. Noel Arscott, is scheduled to open the debate on the Constitution (Amendment) (Local Government) Bill in the House of Representatives today.

The Bill seeks to insert provisions for the system of Local Government into the Constitution of Jamaica, and is seen as a critical part of the Local Government Reform agenda. The Bill was originally tabled in the Lower House on September 30, 2014. In keeping with the requirements for amending the Constitution, the minimum three month period has elapsed between the initial tabling and the start of today’s debate.

At the end of today’s debate in the House, another three-month period must pass before the Bill can be approved by the House. Two-thirds of the membership of the House of Representatives and also of the Senate will have to pass the Bill, for it to be placed in the Constitution.

Ministry Launches Governance Thematic Working Group

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The Ministry of Local Government & Community Development in collaboration with the Planning Institute of Jamaica (PIOJ), this morning launched the Governance Thematic Working Group, in a ceremony at the Ministry’s Hagley Park Road Office.
Delivering the main address during the ceremony, Minister Noel Arscott lauded the formation of the working group as a demonstration of “recognition of the fact that mechanisms must be implemented to transform plans into actions and to monitor those actions in order to realize a vision.”
The Governance Thematic Working Group is a multi-stakeholder mechanism that supports implementation and monitoring of the priorities for the Governance Thematic Area of the Medium Term Socio Economic Policy Framework (MTF) for Vision 2030 Jamaica Plan.  The group, which will be chaired by the Minister of Local Government & Community Development, is made of professionals from academia, government agencies, NGOS and civil society who will work together to strengthen collaboration and consultation among stakeholders in support of the strategic actions for implementing sector priorities.
Continuing his presentation Minister Arscott said that the Ministry was well placed to chair the Working Group as the areas of focus of the MTF directly relates to the portfolio responsibilities of the Ministry. The establishment of the working group, he added, “can only serve to support and advance the local government reform programme”. He then went on to highlight some of the progress that has been made in the Ministry’s local governance reform efforts.
  • Drafting instructions have been issued to the Chief Parliamentary Council (CPC) for the three strategic laws: the Local Governance Act,     Local Government Financing and Financial Management Act, Local Government (Unified Services and Employment) Act. This is a major step in adding legal authority to the role and functions carried out by Local Authorities.
  • A second draft of the draft bill for inclusion of Local Government in the constitution of Jamaica was received by the Ministry last week and is being reviewed.
  • In terms of the structure of Local Authorities, Ministry and Local Authority representatives are in dialogue with the Corporate Management Division in respect of the recommendations for new organizational arrangements. The discussions include the implementation of a shared services approach covering legal services, ICT, Human Resource Management and Audit among other areas.
  • As an important tool in the accountability and transparency framework, the financial management and accounting system (FMAS) has been implemented in eight Local Authorities while two more are expected to implement this system early in the next financial year.
  • In respect of establishing an effective financing framework the Ministry is working to strengthen critical pillars of the councils financing arrangements with focus on ensuring improved performance of own source revenues; significantly improving the performance of the Parochial Revenue Fund (PRF) with property tax targets moving from 2.8 B to 7.26 B in one fiscal year; employing the use of technology to support councils efforts – streetlight database; close monitoring of property tax collections; computerization of the councils finances.

In declaring the Governance Thematic Working Group officially launched, the Minister declared that the MTF 2012-2015 priorities for the Governance area were in accordance with the priorities of the Ministry and that he is confident that the working group, if committed to the task, will be able to achieve Vision 2030’s National outcome #6; Effective Governance.