Credibility, accountability and truth

A.W. Sangster

THERE ARE a number of issues which are of ongoing concern and which leave a sense not only of uncertainty in our minds but give cause for queries on credibility and truthfulness.

The Caribbean Court of Justice: The Prime Minister has been caught on the horns of the proverbial dilemma with respect to his statement in Parliament. The 'highest authority' in the United Kingdom to which he refers has to be the Labour Government of Tony Blair. It is also true that diplomats in foreign posts are usually at pains to check their facts and statements very carefully with 'head office' before entering into what is a potential minefield.

Clearly then the statement of acting High Commissioner Jim Malcolm that there is no time limit to the UK Privy Council hearing Jamaican appeals could not have been made without due care and confirmation. Otherwise I would have expected that Mr. Malcolm would have been on the next plane out of Jamaica. The highest authority therefore cannot be the remarks of one of Her Majesty's Privy Counsellors.

There is good reason for us as a people to debate the establishment of a Caribbean Court of Justice dispassionately, with civility and openness, elements that are largely missing in the current debate. Some of the critical elements, which need to be clarified and debated, are the following:

The financial implications. We are told that it's expensive to go to the Privy Council in England. Normally the expense will be that of the appellant unless it is an appeal brought by the Government. The Caribbean Court of Justice will require support from the Jamaican taxpayer and this cost is at this time an unknown quantity. It certainly will be more costly for the taxpayer than the current costs. What is that cost likely to be? In addition there will be costs of the appellant to the Caribbean Court though they may be less though that is not a guarantee.

Sovereignty. Certainly there is logic to the Caribbean reference point. However the argument that sovereignty is at stake is clearly specious. The sovereignty of England will be replaced with a Caribbean sovereignty.

The current Jamaican Justice System: There are reasons to be highly critical of the existing justice system - resources allocated, popular perception and delays ­ which create an element of cynicism in our people. If this is how we operate and support our own justice system, what basis is there for believing that the Caribbean system we plan to support will be any better?

The constitutional implications: The debate on this matter hinges on whether a simple parliamentary majority is adequate or whether a referendum is required.

The time frame for implementation: There seems undue haste to have a decision made when a number of administrative processes for review are still incomplete. These have been clearly stated in the position papers of Jamaicans for Justice and the Bar Association.

The Government would be well advised to take time over the issue and put it to the people to decide.

The Cable and Wireless decision on wiring: Minister Paulwell has stated that he was not informed of the decision by Cable and Wireless to discontinue the practice of wiring houses and providing phones for customers. The company however contends that the Minister was aware of the developments. Leaving aside the obvious communication problem between the Minister and the company, the following are some of the issues and considerations.

Existing customers will benefit from having no rental or point charge in their house. In addition the company is giving up the ownership of the phones already installed for some 350,000 customers, which does not include multiple business systems. Customers will be free to modify their systems at will. In fact many customers are already doing this. A customer with one phone will be saving about $500 per year on rental charges.

New customers will have to pay for a phone and wiring inside the house. Initially this need not be an elaborate undertaking and can be conditioned by the individual's pocket at the time. In fact it may not be necessary, certainly initially, to have any wiring done at all. Additions can be made at a later date. The Office of Utilities Regulation (OUR) argues that the delivery of telephone service to a Master Jack in the customer's premises is in keeping with other utilities which deliver service to the meter. The responsibility for piping and cabling is that of the customer. In the case of electricity however, the Government Electrical Inspector must pass the wiring, though this is not required for telephone service.

Political necks

The opening up of alternative options and competition was one of the major advantages which have been claimed by the Government in the new agreement signed with Cable and Wireless. Unless there was a specific clause in the contract with the company which agreed that the new installations would be on the same terms as existing installations, the company would be on good grounds in its proposed action for the installation of the 217,000 new lines.

The time frame for implementation seems unduly hasty although the company advises that since the announcement was made the number of complaints about bad phones and wiring has increased significantly!

P.S. The new telephone wiring deal means that: the Cable and Wireless monopoly is maintained, the customer will pay more, and political necks are preserved.

The Parish Council Rope. Sir Walter Scott put it succinctly in the phrase:

O what a tangled web we weave

When first we practice to deceive.

The linguistic gymnastics of the officers of the St. James Parish Council, in the recent revelations of the purchase of rope, masks and gloves, in the Street People Enquiry, must bring a sense of shame to the citizens of the parish St. James.

The question still haunting us in this and so many other national issues is; who is telling the truth?

A.W. Sangster is former president of the University of Technology.

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