- Rudolph Brown/Chief Photographer
Bruce Golding (left), Opposition Leader, speaks to members of the media on the Trafigura scandal at the Jamaica Labour Party headquarters in St. Andrew, on Tuesday. Also in the picture are Clive Mullings (centre), Opposition Spokesman on Energy, and Derrick Smith, Spokesman on National Security.

Dionne Rose, Parliamentary Reporter

The motion of censure seeking a vote of no confidence in the Government, moved by Opposition Leader Bruce Golding Government last week Tuesday in the House of Representatives, is to be debated on Tuesday.

The motion was moved in relation to the Trafigura Beheer controversy, where the Opposition is questioning a $31-million transaction made to an account known as CCOC Associates, which bears the signature of former Information and Development Minister, Senator Colin Campbell.

The motion states: "Whereas the circumstances in which this transaction was conducted constitute a glaring conflict of interest and a possible violation of Jamaican and Dutch laws and call into question the integrity of the Government, a number of ministers who have directly been involved in or have sought to justify this transaction,

"And whereas the Government has shown greater inclination to protect the PNP from embarrassment than to ensure probity and transparency in the conduct of its ministers,

"Be it resolved that this honourable House declares its lack of confidence in the Government or in its ability to provide good governance to the people of Jamaica."

No specific censure provision

There is no specific provision for censure in the standing orders governing procedure in the House of Representatives, apart from the provisions for suspension of members for gross misconduct.

Standing Order 88 stipulates, however, that where there are matters not provided for in the standing orders, there should be resort to the usage and practice in the British House of Commons. The established authority in this regard is Erskine May's Parliamentary Practice which states: "From time to time, the Opposition puts down a motion on paper expressing a lack of confidence in the Government - a 'vote of censure' as it is called ..."

Another venerable publication, An Encyclopaedia of Parliament, written by Norman Wilding and Phillip Laundy, also refers to a vote of censure in these terms: "A motion expressing no confidence in the Government is also spoken of as a vote of censure ... "

Both sources state that the leader of the Opposition usually moves such a motion, which is given some priority attention. In England, the Government was defeated in 1979 on a motion of no confidence and subsequently resigned in accordance with the established convention.

If this motion were to be carried here, it would be the convention for the Government to resign. It is, however, unlikely that it will be carried as the Government has the majority in numbers.

According to veteran parliamentary observers, while there have been several censure motions in the Jamaican Parliament, none have sought a vote of no confidence in the Government.

A recent censure motion was brought against Minister of Industry, Commerce, Science and Technology, Phillip Paulwell who was blamed for the cement crisis, which developed after Caribbean Cement Company Limited released faulty cement into the market.

The motion was, however, defeated with Government members outnumbering the Opposition 29 to 17.

Just recently, Opposition Member of Parliament, Karl Samuda was censured for statements made about the controversial Sandals Whitehouse project, where he had implied that the Government had received a report from Noel Hylton. The Government has, however, denied ever seeing such a report. The Privileges Committee of Parliament is to decide his punishment.

PAC

Meanwhile, chief executive officer of the Urban Development Corporation, Marjorie Campbell, is to appear before Parliament's Public Accounts Committee on Tuesday to answer questions in relation to the US$40 million overruns on the Sandal's Whitehouse project.