‘You should all be ashamed’

In the wake of yesterday’s Supreme Court ruling declaring that states of public emergency (SOEs) called by the State between 2018 and 2023 were void, as they breached the separation of powers principles in the Constitution, a senior Opposition lawmaker has demanded an apology from Government legislators who reportedly berated their Senate counterparts for voting against the measure in 2021.

With finger pointing at Government senators yesterday, Peter Bunting, the leader of Opposition business in the Upper House, charged: “You should all be ashamed here today and if any of you have a little decency, any sense of graciousness, you should stand up and apologise to us today.”

He saluted senators on the Opposition benches, noting that “they were pilloried and abused in this Chamber in the most vulgar and personal way by our colleagues on the other side for standing for the rights of the people and standing up for the Constitution of this country”.

According to Bunting, the Supreme Court judgment has shown that no regime that wishes to “bully”, whether Parliament or civil servants or the judiciary, will get away with it.

The senator was debating a bill to provide special incentives to investors who make capital investments of at least US$1 billion in the country.

GREATEST INCENTIVE FOR INVESTORS

However, Bunting argued that the greatest incentive for investors is a country that operates under the rule of law and respects the Constitution in particular.

He commended “all those who have had the courage to bring legal challenges to those unconstitutional measures brought by the Government”.

The leader of Opposition business also told Government Senator Aubyn Hill to tender an apology when he rose to close the debate.

However, no apology was forthcoming from Hill when he closed the debate on The Large-Scale Projects and Pioneer Industries (Tax Relief) Act, 2025, which was passed.

Government Senator Charles Sinclair rose, on a point of order, as he sought to shut down Bunting from continuing on the trajectory he was on.

According to Sinclair, “the comments of Senator Bunting, even if you give it the best latitude that you can, he has gone way beyond what is relevant to the bill that is before us”.

But, when Bunting turned his attention to Senate President Tom Tavares-Finson, sparks flew.

He said the Senate president would have an opportunity to apologise for the remarks he made when he chided “unelected” senators who voted against an extension to SOEs in 2021.

“I am sure you will have the graciousness to do that,” he added.

Tavares-Finson then urged Bunting to refresh his memory on what he said at the time.

VOTED AGAINST RESOLUTION

Reading from an online news article in 2021, Bunting quoted Tavares-Finson as saying, “three unelected members of this house [Senate] have voted against this resolution. No account has been taken of the elected representatives from Hanover, St James and Westmoreland, all of whom supported states of emergency”.

Continuing, Bunting read: “He wants every citizen of Jamaica and those overseas to take stock of the situation where five men voted against a resolution in a scenario where crime was making citizens’ lives a nightmare. This country needs to revisit this provision because it flies in the face of everything sensible”.

When Government senators intervened on behalf of the president, he quickly shut them down, saying he does not need any assistance to address the claims by Bunting.

The Senate president declared: “Let me tell you something, without fear of hesitation or reservation, I stand by every word I said, because were it not for the crime strategy of this Government, the crime would be out of hand and I stand by every word that I said then, and I stand by it today.”

Tavares-Finson said the people of Jamaica and history would judge him.

However, Bunting argued that the recent reductions in crime only occurred after the Opposition ceased to support the SOEs, making them pointless and that their use was effectively discontinued.

“That was the only time we saw reductions. Up to 2023, we were not seeing any reductions. In fact, for the eight years 2016-2023, in those eight years, every single year more Jamaicans were murdered than in any year under the previous regime,” he said.

Bunting said the strategy that the Opposition recommended is now being followed by the JCF.

edmond.campbell@gleanerjm.com