ECJ sounds alarm over proposed Portmore parish boundary

The Electoral Commission of Jamaica (ECJ) wrote to Parliament earlier this month advising that the proposed Portmore parish boundary "may negatively" affect a provision of the Constitution.

The Senate is due to debate the bill today.

"...the proposed Portmore parish boundaries may negatively affect the boundaries of a constituency as stated in the Second Schedule of the Jamaica (Constitution) Order in Council 1962...," stated the letter signed by Earl Jarrett, chairman of the ECJ, the country's elections authority.

Jarrett cited the section, which states: "The boundary of a constituency shall not cross the boundary of a parish as delimited by the Counties and Parishes Act or by any law amending or replacing that law."

The letter is dated February 12, 2024, a day after the Government used its majority to approve the controversial bill to make Portmore into a parish. It includes the proposed boundary.

It also indicated that the issue was raised in June 2024 with the Local Government Ministry, whose portfolio minister is Desmond McKenzie. He piloted the bill in the House of Representatives.

He did not mention any of the concerns or how his ministry may have addressed them before the tabling of the legislation and the vote.

The ECJ confirmed on Friday that it sent the letters. "The commission sent a letter regarding the Portmore parish boundary. The commission has not received a response," a spokesperson told The Gleaner in an emailed response.

The ministry and Gordon House acknowledged Gleaner questions submitted on Thursday.

The issue has been bitterly divisive, with the ruling Jamaica Labour Party (JLP) insisting that the move reflects the wishes of residents in the city municipality. However, the Opposition People's National Party (PNP) has argued that the process is problematic and amounts to alleged "political gerrymandering" to secure political benefits for the JLP.

The ECJ's letter to Parliament, which included a copy of the one sent to the ministry, was addressed to Colleen Lowe, the clerk to the Houses. It was copied to Senate President Tom Tavares-Finson, who, along with Dr Aundre Franklin, represents the JLP on the ECJ. Dr Dayton Campbell and Wensworth Skeffery represent the PNP.

Jarrett said the commission was aware that the bill to amend the Counties and Parishes Act was passed on February 11.

"Please be informed that the Ministry of Local Government and Rural Development was advised by the ECJ in a letter dated June 18, 2024, that the proposed Portmore parish boundaries may negatively affect the boundaries of a constituency as stated in the Second Schedule of the Jamaica (Constitution) Order in Council 1962...," he said.

The ECJ said that in its letter to the ministry, it advised Permanent Secretary Marsha Henry-Martin that the proposed boundary for the parish of Portmore "will impact four constituencies, 13 electoral divisions, and 398 polling divisions from the parish of St Catherine."

The letter to Parliament did not suggest any action, unlike the one sent to the permanent secretary.

"Do indicate whether we can be of further assistance," Jarrett said in his June 18 letter to Henry-Martin. "The ECJ welcomes the opportunity to meet and discuss our findings at a mutually convenient date and time."

In that first letter, the ECJ chairman told the permanent secretary that an assessment of the boundary provided by the National Land Agency and the description obtained from the then draft Portmore Parish Bill "does not correspond."

He pointed to two issues that he said formed "the area of concern" in the description of the boundary.

The first is: "South-westerly and along the coastline to the point where the Salt Island Creek enters Galleon Harbour, including Goat Islands and all offshore islands, cays, and man-made and natural accretions within the territorial waters."

The second is: "Northerly and along the Salt Island Creek and along the boundary between the constituencies of the current St Catherine South Central and St Catherine Southern to Salt Pond Road."

"The boundary received from the NLA extends to Galleon Harbour, following Salt Island Creek to a point, and then moves arbitrarily, not following any specific boundary," Jarrett said. He added that at another point, the boundary crosses Salt Island Creek and extends above it, "making it unclear what was being followed."

The ECJ chairman also raised specific concerns about the proposed boundary, which he said continued along the common constituency boundary of St Catherine South Central and St Catherine Southern.

"Because the boundary did not follow Salt Island Creek, the point where the boundary meets the mutual constituency boundary of St Catherine South Central and St Catherine Southern is different from where it should be," he said.

The four constituencies he said "will be impacted" by the proposed Portmore boundary are St Catherine South Eastern, St Catherine East Central, St Catherine Southern, and St Catherine South Central.

Jarrett then restated the constitutional provision that "the boundary of a constituency shall not cross the boundary of a parish as delimited by the Counties and Parishes Act or by any law amending or replacing that law."

JLP representatives currently hold three of the affected constituencies - Robert Miller for St Catherine South Eastern, Alando Terrelonge for St Catherine East Central, and Dr Andrew Wheatley for St Catherine South Central. The PNP’s Fitz Jackson represents St Catherine Southern.

The Government passed the bill earlier this month after Opposition members walked out just before the final vote in the House of Representatives.

The ECJ has historically played a role in the determination of constituency boundaries. The parliamentary debate comes months before the general election due by September.

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