Jaevion Nelson | People’s input critical in formulating laws

The Road Traffic Act, after such a lengthy process before its implementation on February 1, has caused much rumpus. The uproar and subsequent discussions about some of the offences and fines contained in the legislation and regulations are particularly instructive.

Among the many lessons emanating from this most recent experience are the public’s ignorance about the law, how lack of public education and limited enforcement contribute to the situation, and, importantly, the lawmaking process (including the consultations, submissions, and timelines).

One sincerely hopes that in our usual haste to chastise, defend and deflect, the lessons have not been missed or ignored by any of us.

The issue of the lawmaking process is of great interest because that is a huge part of the quandary we face. Seemingly, there is an issue with consultation among various publics, the extent to which individuals and groups participate in these processes, and, of course, legislators’ scrutiny of bills before the Parliament (even at the committee level).

A quick review of the trajectory of the Road Traffic Act reveals that around 2001, the process to amend the legislation commenced. By June 18, 2014, a Special Select Committee made up of members of parliament was named, and June 27, senators were named to the committee to “consider and report on a bill shortly entitled ‘The Road Traffic Act, 2014’.” The public was invited to participate in the committee’s deliberation through ads in The Gleaner and Observer on August 10, 2014. According to the committee’s report, twelve meetings were held between September 9, 2014, and February 11, 2015. Only 10 submissions were received from six groups, including the Jamaica Association of Transport Operators and Owners and four individuals. Subsequently, three groups were invited to make presentations to the committee. The bill was finally passed in 2018. It took another four years before the regulations were completed and the updated law came into force.

INPUTS

Minister of state in the health and wellness ministry, Juliet Cuthbert-Flynn, on February 3, expressed that “The role of civil society in promoting the rule of law. The role of stakeholder in promoting the rule of law. All joint select committees of Parliament make provisions for civil society and stakeholders to have an input.” The minister got some flack (as expected) for her comment, but she is right.

Sadly, not enough individuals and groups are doing this kind of work, and have the capacity to. There are many reasons for this, including limited funding, and most are seemingly concerned with service provision. The Jamaica Accountability Meter Portal (JAMP), headed by Jeanette Calder, is one of the few civil society organisations that seemingly has the capacity to monitor and participate in these kinds of development. They provide lots of information and easy-to-use tools, including a legislative tracker, to support the public in holding legislators accountable. JAMP is, however, very limited in its focus but is a good example of the kind of role fairly resourced (assuming here) non-governmental organisations can and should play.

Legislators also have challenges that impact negatively on their ability to ‘make laws for the peace, order and good government of Jamaica’, as stipulated in the Constitution. This has been previously discussed in this paper (see ‘MPs need more resources for effective representation’, ‘Pay heed to parliamentary support staff’, and ‘Time to budget for Parliament’s productivity’).

FIND BETTER WAYS

One can most certainly conclude that our inability or refusal to adequately budget for good governance is undoubtedly part of the death knell of greater progress in this country. We must find new and better ways to make these processes better. The experience should cause us to pause, take stock of the situation and explore how we can improve these processes from the ground right up, including to allow every member of parliament to bring bills to their constituents. It can be tedious and expensive, but it’ll be for good.

This is an opportunity for the Parliament to invest in and truly support a wide cross-section of stakeholder groups and more individuals, to participate in these important processes. Government should consider providing funding to non-governmental organisations, maybe two or three, towards improving good governance and must provide legislators with the requisite support they need to engender a more purposeful and effective Parliament. Importantly, efforts must be made to accelerate plans by the legal and constitutional affairs ministry to educate the public about our laws.

Jaevion Nelson is a human-rights, economic and social justice and inclusive-development advocate. Send feedback to columns@gleanerjm.com and jaevion@gmail.com, or follow him on Twitter @jaevionn.