Trashing the law - litter-ally

Dennie Quill, Columnist

Of course, Jamaica has an anti-litter law. I remember very well when the Anti-Litter Act was passed in 1985, and it was later replaced by the National Solid Waste Management Act of 1991. That was me trying to convince a visitor to the island that there is indeed a law which forbids indiscriminate disposal of garbage.

Yes, it is a crime to litter, yet the general population continues to ignore this law. Persons can be observed throwing garbage from moving vehicles or disposing of their waste along the road or in open lots. We decided to count how many times, in a 20-minute drive, we saw persons ditching garbage from moving vehicles. We could have made several arrests that day, but after we reached 30, it became too depressing so we abandoned the game.

So it is understandable that a visitor would pose the question: Are there anti-litter laws in Jamaica?

According to local government minister, Noel Arscott, who has responsibility for solid waste management, "We are not enforcing our laws." He added that the fines of $2,000 are minuscule, as he announced plans to seek to strengthen penalties.

This article is not really about litter. It is more about lack of enforcement of simple laws. It is about my own cynicism that the smoking ban in public places will not quickly achieve its objective.

I can guarantee that on the commissioner of police's list of priorities, littering falls way down the line, sharing company with the smoking ban. And the two are closely linked, for cigarette butts form a great part of the litter that is dumped in public spaces.

Once upon a time, we had anti-litter wardens, and there was general optimism that if the new law was enforced, we would have had a cleaner environment.

Whenever the question of law enforcement is raised, the immediate response is to point to the overcrowded agenda of the courts and the limited resources of the undermanned police force.

SMOKING ILLEGAL? REALLY?

As we contemplate violations of the smoking ban, we know that the courts would be hard-pressed to take on the likely flood of cases. Note also that when the health minister made his announcement, he did not say how enforcement would be achieved. The result is that we will simply ignore the breaches and make a mockery of the law.

By the very wafting nature of smoke, it tends to fill the atmosphere and affect those who are around smokers. Scientific evidence has been piling up about the ill effects of second-hand smoke, which causes from lung cancer to heart disease. If people want to destroy their lives by smoking, they should not be allowed to visit their misery upon others.

I support the ban for another reason. The illnesses that result from smoking often require periods of hospitalisation, which translates into a national cost and unnecessary burden on health care facilities. The ban could, therefore, contribute to lowering health care costs.

In the final analysis, Jamaica desperately needs to improve law-enforcement capability if we are not to descend into chaos. This can only be achieved if the security forces are provided with more resources, tools and expertise, and if they understand that enforcement should begin with the supposedly 'soft' crimes.

Dennie Quill is a veteran media practitioner. Email feedback to columns@gleanerjm.com and denniequill@hotmail.com.