Shredded!

In a rare departure from Jamaica’s parliamentary tradition, backbencher and former Minister of Legal and Constitutional Affairs Marlene Malahoo Forte on Tuesday cut through one of the most consequential pieces of legislation tabled by the Government in recent times and told members of the executive bluntly – go back and “rework” the bill.

Members of the Opposition rose to their feet, banging desks in support of the former minister, who exposed flaws in the proposed law and parted company with colleagues on the government benches in relation to some critical provisions in the bill.

The House was debating the National Reconstruction and Resilience Authority (NaRRA) Act, 2026, which, among other things, seeks to establish the NaRRA for the efficient, coordinated and transparent management of time-bound reconstruction and resilience efforts to focus on building back better post-Hurricane Melissa to withstand future climatic and other weather events.

Member of Parliament for Manchester Southern Peter Bunting was acerbic in his criticism of the bill, highlighting what he saw as a raft of inadequacies, weaknesses, poor accountability framework, among other serious concerns in the proposed statute.

Malahoo Forte told the Government that the bill in its current form would not achieve the goals that are set out by the administration.

She cautioned that the bill places inordinate powers in the hands of the chief executive officer and the minister responsible for the authority.

The government lawmaker said some of the functions of NaRRA “may collide with each other”, noting that it was not good practice for “anyone to provide oversight duties to self”.

Commenting on Clause 4 of the bill, Malahoo Forte said it speaks to the function of procuring goods, works and services for the implementation of projects, programmes and plans. Additionally, she said it also highlights the function of establishing project management, compliance, monitoring, reporting and risk management systems necessary for timely, efficient and effective performance of procurement contracts. She said this may run the authority into some trouble and may invite all kinds of genuine concerns.

She also warned against sweeping powers given to the minister, indicating that the legislation gave the responsible minister the authority to overrule decisions by regulatory bodies to achieve the goal of rebuilding and reconstruction.

“And then in more than one place, the bill tells you that notwithstanding anything to the contrary in any other law, and also that when the minister steps in, in effect, the minister can do anything. That is how wide it is,” she observed.

The MP for St James West Central also indicated that in its current form the bill would be sacrificing accountability for speed.

Giving a more stark analysis of the powers given to NaRRA, Bunting said the “most alarming feature of the bill was contained in sections 21 to 24, where the authority can issue directives to regulatory bodies, force timelines, and ultimately ask the minister to override those bodies directly.

“The minister can then grant approvals himself, modify or remove conditions imposed by the regulators, and those decisions carry full legal effect, as if made by the original authority,” he said.

“Let us call this what it is. This is the executive branch arrogating to itself the powers of every regulatory authority in Jamaica planning, environmental, utilities and more, all in the name of [expeditiousness],” he added.

Bunting acknowledged that Hurricane Melissa inflicted devastation of historic proportions on the country, which demands urgency, coordination and leadership.

Above all, Bunting noted, it demands accountability which is lacking in the legislation being debated.

“It is a blank cheque without guard rails.”

He said the proposed law was seeking to create an authority with sweeping powers over billions of dollars in reconstruction expenditure, yet it strips away the very safeguards that protect public funds.

Describing provisions for “secrecy and indemnity” in the bill as “dangerous”, Bunting said that government officials working with NaRRA would be legally bound to treat documents as confidential, with criminal penalties for disclosure.

“And then these officials are indemnified for any actions taken in their roles. So you’re combining secrecy, executive control, weak oversight, massive discretionary spending. This is not the formula for efficiency. This is a fertile ground for corruption,” he concluded.

AN ANOMALY

In his comments, Golding suggested that the bill be referred to a joint select committee for consideration within a short time frame, owing to the urgent need to pass the law quickly.

“It needs to have the benefit of interventions and contributions from stakeholders from the wider society that have a strong interest in this,” she said.

Golding also raised concern that NaRRA would be operating without a statutory board, calling it an anomaly.

“It is an aberration in so far as it is creating a legal entity with the powers that a legal entity has, without the governance arrangements that are normal and necessary to ensure proper governance of the body,” he said.

Making a case for the passage of the legislation, State Minister Delano Seiveright said NaRRA was designed to serve as the single point of coordination for reconstruction, bringing together planning, approvals and implementation under one framework, while maintaining accountability through Cabinet oversight, reporting obligations and financial controls.

He dismissed claims that the bill weakens governance, pointing instead to provisions requiring annual audits, reporting to Parliament, and transparency through a publicly accessible register of approved projects.

Seiveright also highlighted new mechanisms in the updated bill that allow for faster approvals, while maintaining safeguards such as expert input and due process.

“This is about fixing bureaucratic paralysis, not removing oversight,” he said.

Debate on the bill is expected to close next week.

edmond.campbell@gleanerjm.com