Emergency regulations will meet court’s standards – Chang

Minister of National Security Dr Horace Chang will today table in Parliament the Emergency Powers (Parish of Saint Catherine) Regulations, 2022, under the Emergency Powers Act.

Chang told The Gleaner on Monday that the regulations will have to be laid in both Houses of Parliament before they are debated “not later than seven days after the last one”.

There is a possibility that the regulations might be first debated in the Senate, Chang said.

The national security minister said that adjustments have been made to the current regulations to meet the standards of the court.

“The court has made some comments. We respect those comments, even if at the end of the day the attorney general may try to challenge it; that’s a different matter,” said Chang.

“What we do now is seek to make the regulations meet those standards.”

The Supreme Court on Friday upheld the challenge brought by Roshaine Clarke, a St James man, against the 2018 state of emergency imposed on the parish and declared the Emergency Powers Regulations unconstitutional.

The court ruled that the security measure infringed on Clarke’s rights under the Constitution.

It was also declared that Emergency Powers Regulations 22 and 32 (in respect to the fundamental right of freedom of movement) and Regulations 30, 33 and 38 (in respect of the fundamental right to liberty) breach the Charter of Fundamental Rights and Freedoms of the Constitution.

The regulations were declared unconstitutional by the court as it said they gave the authorities unduly unfettered power to abrogate the fundamental rights of a wide class of persons without evidence that they were reasonably justified.

However, the provisions in the previous emergency powers regulations that have been struck down by the court were said to have been changed in the new regulations to be tabled today.

Opposition Leader Mark Golding said Spokesperson on Justice and Information Donna Scott-Mottley had requested a copy of the new emergency powers regulations from Minister of Legal and Constitutional Affairs Marlene Malahoo Forte from Friday. However, up to Monday afternoon, he reported not receiving the document.

Golding said he was promised a copy of the regulations by Chang on Sunday but was not in receipt of it up to late Monday afternoon.

Last Friday, Prime Minister Andrew Holness announced a state of public emergency in St Catherine following an upsurge in gang violence, including double and quadruple murders this month.

Holness said the Government had to act to stem crime and violence in the parish.

The measure can only remain in force for 14 days and must get the support of both Houses of Parliament for its extension.