IPU PARLINE database: JAMAICA (House of Representatives), Oversight

Parliament name

Parliament

Structure of parliament

Bicameral

Chamber name

House of Representatives

Related chamber (for bicameral parliaments)

Senate

Type of political regime

parliamentary / constitutional monarchy

Notes

The executive power of the Commonwealth of Jamaica is vested in the Queen, Elizabeth II, as Head of State, and exercised through her representative, the Governor General (Section 68 of the Constitution). However, the Governor General now holds a symbolic post only.

Head of the executive

Prime Minister

Notes

In practice, executive power is exercised on advice of the cabinet, where a Prime Minister functions as the Head of the executive. The party or coalition of parties commanding a majority in the House of Representatives becomes the government and provides the ministers. The cabinet is the principal instrument of policy and is charged with the general direction and control of the government.

Method for appointing the executive

The Governor General is appointed at Her Majesty's pleasure, on the advice of the Prime Minister. Whenever the Governor General has occasion to appoint a Prime Minister, he or she appoints the member of the House of Representatives who is best able to command the confidence of a majority of the members of that House, and appoints from among the members of the two chambers such number of other ministers as the Prime Minister may advise (Section 70 of the Constitution).

Term of office of the executive and coincidence with the term of the legislature

The term of office of the Prime Minister normally coincides with the term of the legislature. A new Prime Minister is named after each general election, to be held at least once every five years. Notwithstanding, a new Prime Minister may be appointed every time a vacancy arises.

Incompatibility of the functions of member of the executive and member of Parliament

No

All ministers must be parliamentarians. The Prime Minister and minister of finance must be members of the House of Representatives, while not less than two and no more than four of the other ministers must be members of the Senate.

Dissolution of Parliament

Yes

Circumstances

The dissolution of the parliament before the end of its term is done by the Governor General, on the advice of the Prime Minister.

Modalities

The dissolution may occur for the calling of a general election prior to the end of the term, or if there is a vote of no confidence in the government. In the latter case, the Prime Minister may request within three days after consultation with the Governor General, that the Governor General dissolve the parliament, instead of revoking the Prime Minister's appointment. Over the past 22 years (1990 - 2012) the Parliament was dissolved five times for the holding of a General Election.

Accountability of Government to Parliament

Yes

The cabinet is the principal instrument of policy and is charged with the general direction and control of the government. It is therefore collectively responsible to the parliament.

Modalities of oversight

Oral and written questions of parliamentarians

Parliamentarians may put questions to the government for oral or written response. Questions may only give rise to a debate where a substantive motion is moved on the issue on which the question was asked.

Government reports to Parliament

Annual reports have to be submitted to the parliament on the performance of all public bodies. These reports include audited accounts and other information on the financial performance of these bodies. The reports are tabled for information, but there are no votes taken on them. However, members who wish to raise matters of particular concern in respect of these bodies may put questions to the relevant minister or move substantive motions for debate, and matters may also be referred to special selected committees for study and report.

Measures

Vote of confidence on Government programs and/or legislative proposals

The government's accountability to the parliament can be brought into play in the legislative procedure. All legislation must be passed by both chambers. Section 64 of the Constitution provides for the dissolution of the parliament if, by the affirmative vote of a majority of all its members, the House of Representatives has resolved that it has no confidence in the government.

Motions of censure and votes of no confidence (sub-report)

Circumstances

There are no specific constitutional provisions detailing under which circumstances a motion of censure may be tabled (Section 71 of the Constitution).

Modalites

The House of Representatives can table a motion to revoke the appointment of the Prime Minister or to proceed with a vote of no confidence against the entire government. Both resolutions have to receive the affirmative vote of a majority of all the members of the House.

Consequences

IIf the House of Representatives has resolved that the appointment of the Prime Minister ought to be revoked, the Governor General revokes his or her appointment. Alternatively, the Governor General consults with the Prime Minister and, if the Prime Minister within three days so requests, the Governor General dissolves Parliament instead of revoking the appointment. In the case of a vote of no confidence, the Governor General dissolves the parliament. During the period 2000 - 2012 five Motions of Censure were tabled in the House.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The clerks and deputy clerks of both chambers (Section 47, paragraph 5 of the Constitution), the director of public prosecutions (Section 96, paragraph 4 of the Constitution), a Judge of the Supreme Court (Section 100, paragraph 4 of the Constitution) and the Auditor General (Section 121, paragraph 3 of the Constitution) may be removed from office for inability to discharge the functions of their office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

Modalites and procedure

The clerks and deputy clerks of both chambers are removed from office by the Governor General if a resolution of the House has received the affirmative vote of not less than two thirds of all the members thereof. The director of public prosecutions and the Auditor General are removed from office by the Governor General if the question of their removal has been referred to a tribunal and the tribunal has recommended to the Governor General that they ought to be removed. A Judge of the Supreme Court is removed from office by the Governor General by instrument under the Broad Seal if the question of the removal of that Judge from office has been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council, or any other enactment enabling Her Majesty in that behalf, and the Judicial Committee has advised Her Majesty that the Judge ought to be removed.

Consequences

The person concerned by the dismissal procedure can be removed from office. Nobody was removed from office from 1990 to 2012.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The cabinet is the principal instrument of policy and is charged with the general direction and control of government, It is therefore collectively responsible to the parliament.

Means and modalities of oversight

Hearings in Committees

The parliament exercises oversight over the actions of the government administration by holding hearings in committees. The parliament's committee system ensures that there is accountability in the management of public entities and in public expenditure. Reports from committees may be brought before the House of Representatives.

Committees of inquiry and missions to Government departments

The parliament exercises oversight over the actions of the government administration through committees of inquiry. Motions may be approved for matters to be referred to special select committees for study and report. Public officials from the relevant ministry or department may be called in to provide information.

Oral and written questions of parliamentarians

Parliamentarians may put questions to the government for oral or written response. The period of notice is 21 clear days and seven clear days in relation to issues of urgent national importance. Questions may only give rise to a debate, where a substantive motion is moved on the issue on which the question was asked. When a parliamentarian gives notice of a question, the clerk sends a copy of the question to the permanent secretary of the ministry with portfolio responsibility for the subject matter. The minister is provided with a detailed response to the questions, which also anticipates the likely supplementary questions that may be posed to the minister. Although questions asked are usually for oral response, the practice has been for the minister to provide written answers for the questioner. If a parliamentarian wishes to obtain additional information, in practice the minister will give his or her assurance that the information will be provided by his or her office.

During the second sitting of the House in each month, there is a Question Time, during which responses by the Prime Minister to questions asked of him in relation to matters of national importance and national interest take precedence (Article 17B of the Standing Orders). In addition, Minister's Question Time takes place on the first sitting day of the House during any week. During this time, responses by Ministers to questions in relation to matters of urgent national importance directly related to their respective portfolio responsibilities take precedence (Article 17C of the Standing Orders).

Role of Parliament in the appointment of senior Government officials

Not applicable

Activity reports of the Government administration and of public services or establishments

Annual reports must be submitted to the parliament on the performance of public bodies by law. These include statutory bodies and authorities, and public companies. Reports include audited accounts and information on the operational performance, as well as the salaries of senior officers. The reports are tabled for information, but no votes are taken on them. However, members who wish to raise matters of particular concern in respect of these bodies may move substantive motions for debate on the issues.

Representation of Parliament in governing bodies of the Government administration

Neither the Senate nor the House is represented as a body on any public entity. However, individual members do serve as members on the board of directors of certain public bodies, the governing legislation of which specify that such positions are not considered to be public office for the purposes of Section 40 of the Constitution.

Existence of an ombudsman

Yes

Method for appointing the executive

A Political Ombudsman is in place by way of the Political Ombudsman (Interim) Act, 2002. There is still a Public Defender in place. Both offices are Commissions of the Parliament.

Relationship to Parliament

The Public Defender investigates complaints received from members of the public in respect of administrative acts and services provided by government agencies. He or she is required to provide annual reports of the activities of his or her office to the parliament. He or she may also make special reports on issues that in his or her opinion warrant the intervention of that body, and make amendments to legislation which, in his or her opinion, operates unfairly against citizens.

Consultation of Parliament in the preparation of the national budget

No

While the parliament is not involved in the actual preparation of the national budget, the estimates of expenditures must be brought before the standing finance committee of the House of Representatives for consideration. The approval of these estimates by the House of Representatives forms the basis for the passage of the appropriation act, which details the national expenditure for the given financial year.

Modalities of oversight

Examination of the budget / finance act by Parliament

For each financial year, the finance minister puts before the House of Representatives an appropriation bill containing, under appropriate headings for the several services required, the estimated aggregate sums proposed for expenditure during that financial year (Section 116 of the Constitution). Whenever (i) any monies are expended or are likely to be expended in any financial year on any services which are in excess of the sum provided for that service by the appropriation law relating to that year; or (ii) any monies are expended or are likely to be expended in any financial year upon any new service not provided for by the appropriation law relating to that year, statements of excess or supplementary estimates are prepared by the finance minister and are laid before and voted on by the House. Parliamentary budgetary oversight is mainly through (i) the standing finance committee, where ministers are called to defend the budget allocations which have been tabled for the committee's consideration; and (ii) the public administration and appropriations, as well as the public accounts committees.

Reports on the budget / finance act by Committees

The estimates of expenditures must be brought before the standing finance committee of the House of Representatives for consideration.

Fields overseen

Defence budget

The parliament exercises oversight over all public funds. However, a sub-committee of the standing finance committee meets in camera on specific allocations and makes recommendations to the wider committee for the allocations to be approved.

Budget of special departments

The parliament exercises oversight over all public funds.

Role of Parliament in national development plans

While the executive has responsibility for policy and the preparation and implementation of development plans, such activities are usually brought before the parliament through ministerial statements, green papers or ministry papers. This is an opportunity for matters to be debated and referred to parliamentary committees for study and report. This approach provides an avenue for consensus to be reached on issues of national importance.

Parliament's deadline for the examination and adoption of the budget / finance act

The finance minister must introduce in the House of Representatives an appropriation bill at the earliest convenient moment. This is done at the start of the new legislative year, which coincides with the financial year. Public funds are not made available to carry on the business of the government until the appropriation bill is passed. In practice, it takes about six to eight weeks for the bill to receive the Governor General's assent.

Consequences of failure by Parliament to adopt the budget / finance act

Although there are no direct constitutional provisions for such an eventuality, the matter may be dealt with in different ways: (i) Where deadlock is reached by the Senate not consenting to the appropriation bill, the Governor General may give his assent (Section 57 of the Constitution); or (ii) if deadlock is reached in respect of voting, that is, where there is a division and there is an equal number of votes cast, the Speaker of the House or the President of the Senate have the casting vote; or (iii) resort is made to the usage and practice of the House of Commons of Great Britain, which is followed as far as the same may be applicable.

Budgetary autonomy of Parliament

Yes

The parliament has its own budget, which is self-administered under the supervision of the ministry of finance. The allocation is made as a part of the provisions under the appropriations act.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The finance minister introduces, as soon as possible after the end of each financial year, a final appropriation bill containing any such sums that have not yet been included in any appropriation bill. That part of any estimate of expenditure laid before the House of Representatives which shows statutory expenditure is not voted on by the House, and such expenditure is paid out of the consolidated fund.

Parliamentary oversight of public companies

Yes

The public administration and appropriations committee deals with the management of government ministries, agencies and public bodies and the adequacy of allocations for them to carry out their programmes. Reports from the committee are brought before the House of Representatives. More generally, annual reports must be submitted to the parliament on the performance of public bodies by law. Reports include audited accounts and information on the operational performance, as well as the salaries of senior officers. The reports are tabled for information, but no votes are taken on them. However, members who wish to raise particular matters of concern in respect of these bodies may move substantive motions for debate on the issues.

Modalities of oversight

Body for auditing the Government's books and method for appointing

An Auditor General is appointed by the Governor General by instrument under the Broad Seal (Section 120 of the Constitution).

Reports of the public auditor's office

The accounts of the Court of Appeal, the accounts of the Supreme Court, the accounts of the offices of the clerks to the Senate and the House and the accounts of all departments and offices of government are, at least once a year, audited and reported on by the Auditor General, who is at all times entitled to have access to all books, records, returns and reports relating to such accounts (Section 122 of the Constitution). The Auditor General submits his or her reports to the Speaker, who causes them to be laid before the House of Representatives. In the exercise of his functions, the Auditor General is not subject to the direction or control of any other person or authority.

The public accounts committee has the duty of examining (i) the accounts showing the appropriation of the sums granted by the legislature to meet public expenditures; (ii) such other accounts as may be referred to the committees by the House of Representatives; and (iii) the report of the Auditor General on any such accounts. Each year, the Auditor General's report is reviewed by the committee, and where it has particular concerns about issues raised in the report, ministries and departments are invited before the committee to give account. Reports are then brought before the House of Representatives.

Specialised committee

While not a requirement by law, the minister of finance provides a quarterly report to the House of Representatives on the government's financial performance.

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy through the internal and external affairs committee.

Powers of the Committee

The committee has the duty of examining all matters relating to foreign policy, and analysing the implications and likely effect thereof. It is also responsible for examining treaties and other international agreements and advising the parliament of their likely impact.

Composition of the Committee

The composition of the committee reflects the numerical strength of the parties in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The opportunity for discussing foreign policy issues is provided through the plenary debate during the annual sector debate, on a motion by the minister of foreign affairs.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

Ratification of international treaties or agreements is done by government.

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, parliamentarians may put questions to ministers.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over defence policy through the internal and external affairs committee.

Powers of the Committee

The committee is charged with examining matters relating to national security and the administration of justice and making recommendations to the parliament thereon.

Composition of the Committee

The composition of the committee reflects the numerical strength of the parties in the parliament.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The state of emergency is declared by the Governor General. A period of public emergency means any period during which (i) the country is engaged in any war; or (ii) there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or (iii) there is in force a resolution of each chamber supported by the votes of a majority of all members declaring that democratic institutions in the country are threatened by subversion (Section 26.4 of the Constitution).

Role of Parliament in sending troops abroad

Not applicable

Other mechanisms for participation in national defence policy by Parliament

In addition to the above, parliamentarians can put questions to ministers and discuss issues on defence policy in plenary debates.

Circumstances

The state of emergency is declared by the Governor General. A period of public emergency means any period during which (i) the country is engaged in any war; or (ii) there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or (iii) there is in force a resolution of each chamber supported by the votes of a majority of all members declaring that democratic institutions in the country are threatened by subversion (Section 26.4 of the Constitution). A proclamation made by the Governor General is not effective unless it is declared therein that the Governor General is satisfied (i) that a public emergency has arisen as a result of the imminence of a state of war or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity; or (ii) that action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.

A proclamation by the Governor General (i) remains in force, unless previously revoked, for one month or for such longer period, not exceeding twelve months, as the House of Representatives may determine by a resolution supported by the votes of a majority of all members; (ii) may be extended from time to time by a resolution for further periods, not exceeding in respect of each such extension a period of twelve months and; (iii) may be revoked at any time by a resolution supported by the votes of a majority of all members of the House of Representatives.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

Although no express provision is made, it appears that the declaration of a state of emergency does not alter the normal functioning of the parliament. During a state of emergency it is lawful for the Governor General to make regulations for securing the essentials of life to the community. Any regulation so made must be laid before both chambers as soon as may be after they are made, and may not continue in force after seven days unless a resolution is passed in both chambers for the continuance thereof. It is to be noted that the parliament may extend its term beyond five years, if the country is at war, up to a maximum of two years.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

Not available

Means and procedures

While the courts may not question the policy behind legislation passed, they are the final arbiters if a challenge is mounted as to the constitutionality of that legislation. Additionally, the courts will determine the correctness of any subsidiary legislation. This is done through the process of judicial review in a Constitutional Court. The effect of the role of the courts is to guarantee redress to citizens whose constitutional rights have been infringed.

Evaluation of laws

Yes

There is a regulations committee in both chambers.

Measures

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