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The Voice

For the good of country - Nicholson says fight against drugs may require giving up rights
published: Friday | December 3, 2004

By Robert Hart, Parliamentary Reporter


Nicholson

JUSTICE MINISTER Senator A.J. Nicholson yesterday called for bi-partisan consensus on the controversial anti-money laundering legislation, suggesting that the fight against the illicit drug trade may require the giving up of certain basic rights.

"We understand that the state ought not to attempt to curtail the enjoyment of the human rights to which we are entitled," the justice minister told the Senate. "However, as a citizen I have to ask myself, am I willing at any time, on my own steam, to suspend some protection of my human rights to combat the devil ... the cancer of money laundering which springs from drug trafficking?"

COLLECTIVE EFFORT

Mr. Nicholson also argued that there has to be a collective drive to deal with the effort at combatting the drug trade and "if we are not on board, as far as that is concerned, it means that we are supporting the trade."

The justice minister was responding to Opposition Senator Shirley Williams, who had raised concerns about the Money Laundering Prevention (Amendment) Bill, during yesterday's debates on five ac-companying pieces of financial legislation.

The anti-money laundering bill seeks to increase the pool of entities called on to provide information to the police on financial transactions that may be deemed suspicious.

PENALISING THE INNOCENT

The opposition has argued that the Government is seeking to pass on its investigative responsibilities to private entities, including lawyers, real estate agents and car dealers, by legislating that they become 'informants'.

But yesterday, Senator Williams specifically pointed to the proposal that institutions routinely disclose all transactions of US$15,000 (J$900,000) or more to the Financial Services Commission.

"I question whether or not some of this cooperation, while the intent is very good, is not in and of itself penalising the innocent," she said.

Mrs. Williams claimed that the inter-governmental Financial Action Task Force (FATF), on money laundering, had made no recommendations so far reaching as to require the routine reporting of currency deposits of any sum. Instead, the FATF had determined that reports should only be made to the relevant authorities where there is evidence of suspicious, large or complex transactions.

"I ask whether we are not persecuting the innocent to catch the guilty," she added.

Senator Williams' concern comes on the heels of Wednesday's aborted meeting of the joint select committee examining the anti-money laundering bill, and Opposition spokesman on finance Audley Shaw's subsequent demand that the Government withdraw the legislation altogether and resubmit an amended version to Parliament.

During yesterday's sitting, the Senate passed four of the five other financial bills, including the Financial Institutions Act, the Building Societies Act and the Financial Services Commission Act.

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