PNP files claim challenging NIDS Act

Jerome Reynolds, Assistant Editor-Online

The Opposition People's National Party (PNP) has filed an application in the Supreme Court challenging the constitutionality of sections of the National Identification and Registration Act (NIDS).

At a press conference this morning, PNP president Dr Peter Phillip said the claim was filed today.

Among other things, the PNP is contending that sections of the Act, which was passed last year November, breach the right to privacy, the right to a passport and the right to due process.

“We believe that there are tremendous benefits to be derived from organising our nation's public administration, however this bill that was rush through the parliament is flawed. It was poorly drafting which may be seen in the fact that there were some 264 amendments to the bill in the parliament which is perhaps a record as far as public legislation is concerned,” Phillips said.

“We believe that there are elements of the bill that infringe on the basic constitutional rights of our citizens. Any benefits to be derived from digitisation of the public administration and from a national identification system must be done within the context of adequate and robust data protection and security … and it must take into account the rights of every Jamaican citizen and protect those rights,” he further said.

The government has said that NIDS is intended to provide a comprehensive and secure structure to enable the capture and storage of identity information for all Jamaicans.

It is to become mandatory for citizens or persons resident in Jamaican to enrol in NIDS.

Those without a registration number will not be able to access some government services. 

NIDS is expected to be rolled out over three years starting in September. 

Full-Text PNP STATEMENT 

The Parliamentary Opposition, this morning, filed an action in the Supreme Court seeking a declaration that sections of the National Identification and Registration (NIDS) Act 2017breach guaranteed constitutional rights of Jamaican citizens and legal permanent residents of Jamaica. 

It is also seeking an order that the sections are null and void and should be struck down.

The action taken by the Opposition comes against the background of the Bill being rushed through both Houses of Parliament despite the pleas for amendments from the Parliamentary Opposition and several civil society groups, including the Bar Association of Jamaica, that the Bill be sent to a Joint Select Committee of both Houses of Parliament for more deliberation on aspects of the proposed Act.

“The People’s National Party (PNP) supports the concept of a national identification system and the use of modern technology in the administration of critical government services; however, the NIDS Act is flawed,” PNP  President Dr. Peter Phillips said.
The Fixed Date Claim Form filed in court says Sections 6(1), 20, 23, 27(1), 30, 36(4), 39, 41 (1), 43(1) and 60 as well as the third and sixth schedules all breach Section 13 of the Jamaican Constitution. The sixth schedule further breaches the right of every citizen of Jamaica to be granted a passport and not to be deprived or denied, except by due process of law.

The Fixed Date Claim Form also seeks a declaration that neither the manner nor the extent of the abrogation, abridgement or infringement of the constitutional right is demonstrably justified in a free and democratic society.

The Opposition is further asking for a declaration that the provisions of Chapter 111 of the Constitution are likely to be contravened in relation to the claimant, other Jamaican citizens and legal permanent residents of Jamaica by the provisions of the Act.

As a result, the Opposition said, it was seeking an order that the sections are null and void and are of no effect and should be struck down. It also said it was seeking other remedies necessary to give legal effect to the declarations as well as costs.

The claimant in the suit is Member of Parliament for South East St. Andrew and General Secretary of the People’s National Party, Julian Robinson.

The Parliamentary Opposition is being represented by former Solicitor General, Michael Hylton, Q.C., and Attorneys Michael Vaccianna, Donna Scott-Mottley, Jennifer Housen and Sophia Frazer Binns.

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