Are Cabinet discussions above the OCG law?

[Time]

Embarrassing referral by OCG, says Wildman

Published: Friday | January 4, 2013


Wildman

Barbara Gayle, Justice CoordinatorProminent attorney-at-law Hugh Wildman has described the referral by acting Contractor General Craig Beresford for the Cabinet to face prosecution as embarrassing to the country.

Wildman said the move by the oversight body demonstrates a clear misunderstanding of the law and the Constitution of Jamaica.

The Office of the Contractor General (OCG) has been requesting Cabinet documents for the last eight months to determine whether four major government projects were being carried out in line with the Contractor General Act.

Wildman told The Gleaner yesterday that the OCG's decision to refer the Cabinet to the director of public prosecutions sends the wrong signal to the international community that Jamaica is unable "to get it right".

Said Wildman: "In the first instance, one must recognise that the Constitution of Jamaica is the supreme law of the land and all other legislation must be read and construed in keeping with the Constitution of Jamaica and it includes the legislation setting up the Office of Contractor General."

Wildman said the Cabinet is the highest policymaking body and it has constitutional recognition and importance.

"The Contractor General Act is an inferior legislation, therefore it cannot be construed as overriding or whittling away the powers given to the Cabinet under the Constitution. Having said this, one must go back to the first principle that under the Cabinet system of Government that we operate, internal deliberations of Cabinet must remain confidential. Nothing that transpired in the Cabinet room, including Cabinet papers and submissions, can be revealed to anyone," he stressed.

Out of place

Wildman, in chiding the OCG, said it was clearly out of place to request Cabinet papers to determine whether the Cabinet was in breach of the Contractor General Act.

"If the Cabinet were properly advised by the Attorney General's Chambers, they could summarily dismiss the request of the contractor general and add a rider that 'you are out of order'."

However, he explained that the contractor general in keeping with his mandate under the legislation could hold the particular minister who has portfolio responsibility for the subject matter liable for any breach of the act. He said that would have to be done without reference to any Cabinet papers or any Cabinet internal deliberations being revealed to him.

barbara.gayle@gleanerjm.com

http://jamaica-gleaner.com/gleaner/2...ead/lead6.html

[Jawge]

The constitution of ja is the supreme law of the land? I doubt that. Ja has what you call a unitary system of govt. At the same time the above is saying some people are above the law. What is the role of the OCG? Is it clearly defined? If the OCG sees where the law is broken, does it have the right to examine the relevant documents? Since it seems that Ja is incapable of interpreting its own laws maybe Ja should go abroad to her highest court for solid interpretation.

I hope the younger generation is reading the papers to know that they were being shafted in 1962. Ja was never independent. Now with the net; these young minds can see the US constitution for free and see what it means to say supreme law of the land. What it means when to say no one is above the law. The DPP seems to to be the US FBI and supreme court (doing judicial review) rolled up into one.

Yes it's chaotic and Ja is not getting it right. Ja's constitution does not have separation of powers (hence checks and balances). All powers lies within parliament. It's a veiled copy of the monarchy but you can't blame Ja back then (60% illiteracy). The people put their lives in the hands of a few and were shafted. One of the framers did not even know some laws (British common law) were on the books. Joke ting.

[Time]

The constitution of ja is the supreme law of the land? I doubt that. Ja has what you call a unitary system of govt. At the same time the above is saying some people are above the law. What is the role of the OCG? Is it clearly defined? If the OCG sees where the law is broken, does it have the right to examine the relevant documents? Since it seems that Ja is incapable of interpreting its own laws maybe Ja should go abroad to her highest court for solid interpretation.

I hope the younger generation is reading the papers to know that they were being shafted in 1962. Ja was never independent. Now with the net; these young minds can see the US constitution for free and see what it means to say supreme law of the land. What it means when to say no one is above the law. The DPP seems to to be the US FBI and supreme court (doing judicial review) rolled up into one.

Yes it's chaotic and Ja is not getting it right. Ja's constitution does not have separation of powers (hence checks and balances). All powers lies within parliament. It's a veiled copy of the monarchy but you can't blame Ja back then (60% illiteracy). The people put their lives in the hands of a few and were shafted. One of the framers did not even know some laws (British common law) were on the books. Joke ting.

The US Executive Branch has Executive privalege and they do tell congress no but the Executive Branch is not above the Justice Department probes.

[Muadib]

OCG is Justice Dept equivalent ?

[Jawge]

nether is congress because the rule of law states; "no one is above the law, everyone must obey the law".

[Willi]

Nope, in the US Congress is SUPREME...

Even the Judiciary will have to bow as Congress can change the rules (law) anytime.

[Willi]

I tend to agree here...if a Minister reveals Cabinet secrets, it a prisonable offense, so I am unclear how the OCG can demand a breach of that.

[Jawge]

This is getting really ridiculous now. Willi are you aware of how laws are being
passed in the US? What is the purpose of the presidential veto? Are you aware of the term Judicial review? If your premise was correct explain US vs Lopez 1995. The supreme law of the land is the constitution of the USA.

Small wonder when Bam wasn't sending an ambassador no one knew he was diplomatically not recognizing the then govt. (president is the Chief diplomat)

When will the foolishness end?

[Time]

This is getting really ridiculous now. Willi are you aware of how laws are being
passed in the US? What is the purpose of the presidential veto? Are you aware of the term Judicial review? If your premise was correct explain US vs Lopez 1995. The supreme law of the land is the constitution of the USA.

Small wonder when Bam wasn't sending an ambassador no one knew he was diplomatically not recognizing the then govt. (president is the Chief diplomat)

When will the foolishness end?

The supreme law of the land is the constitution of the USA and US federal courts have declared laws unconstitutional. US courts have also created new laws a tactic the politicians dislike and call 'legislating from the bench.'
http://wiki.answers.com/Q/What_is_th...from_the_bench

[Willi]

The constitution nuh effectively seh that CONGRESS IS SUPREME???

Section 8 - Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common Defence and general Welfare of the United
States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the
Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the
United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses
against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a
longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining the Militia, and for governing such
Part of them as may be employed in the Service of the United States, reserving to the
States respectively, the Appointment of the Officers, and the Authority of training the
Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not
exceeding ten Miles square) as may, by Cession of particular States, and the acceptance
of Congress, become the Seat of the Government of the United States, and to exercise
like Authority over all Places purchased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and
other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this Constitution in the Government of
the United States, or in any Department or Officer thereof.

[Willi]

Section 9 - Limits on Congress

The Migration or Importation of such Persons as any of the States now existing shall
think proper to admit, shall not be prohibited by the Congress prior to the Year one
thousand eight hundred and eight, but a tax or duty may be imposed on such Importation,
not exceeding ten dollars for each Person.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases
of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.

(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or
Enumeration herein before directed to be taken.)

(Section in parentheses clarified by
the 16th Amendment.)

No Tax or Duty shall be laid on Articles exported from any State.

[Willi]

Ever here about the Congressional override of the veto???

Ever hear about constitutional amendments?

[Time]

OCG is Justice Dept equivalent ?

Nope, that would be our Ministry of Justice. The OCG is a Commission of Parliament.

1. For the purposes of this Act there is hereby constituted a Commission of Parliament to be known as the Contractor-General.
2. The Commission shall consist of such person or persons as shall be appointed by the Governor-General by instrument under the Broad Seal, after consultation with the Prime Minister and the Leader of the Opposition, and any person so appointed shall be known as a Contractor-General.

[Time]

Nah! Nada! There is Supreme Court not the Supreme Congress. the supreme court is above Congress.

[Willi]

S. Court is unelected and has a frame of reference. Congress is elected by the people and if united CAN CHANGE the constitution.

CONGRESS is supreme.