Remove 'absolute privilege'
Published:Sunday | April 10, 2011 | 12:00 AM
Edmond Campbell, Senior Staff Reporter
ONE Senator has invited his colleagues and the country, by extension, to engage in a national debate on the absolute privilege enjoyed by parliamentarians while participating in debates in the bi-cameral legislature.
Senator Norman Grant argued that while legislators agitate for journalists to be responsible in their reporting, he questioned whether lawmakers should be allowed the latitude to make statements in Parliament, which could damage the reputation of Jamaicans.
Lawmakers cannot be dragged before the courts for libellous statements made in Parliament as they are covered by absolute privilege. This unrestricted privilege is granted to parliamentarians as they debate and deliberate on issues of national import.
Grant, while debating the report of a joint select committee set up to review recommendations from the Justice Hugh Small Committee, said the time had come for a national debate to begin on the issue.
defamation laws
The opposition Senator said the debate could take place before the completion of a draft bill to amend Jamaica's defamation laws.
According to Grant, the privilege accorded to legislators for many years was sometimes used intentionally to tarnish the reputation of ordinary Jamaicans who had no legal recourse.
"We are almost 50 years after (Independence) - and there was the need for balance to ensure that no one - should use such a position and protection to attack someone that has no recourse," he said.
The Senate approved the report of the joint select committee on proposed changes to Jamaica's defamation laws on Friday.