The Jamaica House of Representatives yesterday passed legislation allowing the police to modify warrants and effectively wiretap Jamaican citizens for up to seven days without an order from the Supreme Court.
By Robert HartBut though the Interception of Communications (Amendment) Bill was approved without rancour, the Opposition served notice that it would keenly monitor any concerns from affected citizens and actively seek to abolish the legislation if it was abused by the police.
"Let me say it here for all to hear, in the event that credible information over time comes to the attention of the Opposition, we will not be reluctant or hesitate to rescind what we are agreeing to do today," Derrick Smith, Leader of Opposition Business and Spokesman on National Security, told the House.
NATIONAL SECURITY ISSUES
The House was, in fact, examining a report from a special committee of Parliament that examined, in camera, sensitive issues related to national security.
The Dr. Peter Phillips (National Security Minister)-chaired six-man committee, which also included Mr. Smith, argued that law enforcers should be able to "modify a warrant so as to carry out interception in respect of a person who is an associate of the subject of that warrant, and is believed to be involved in the same prohibited activity".
Among the offences the legislation takes into account for the wiretapping of an individual are terrorism; the sale or trafficking of children; forcible abduction, child stealing, administering drugs; fraud; and aiding and abetting in any of the other offences mentioned.
"This really, first of all, allows for the (telecommunications) service providers to maintain the appropriate facilities," Dr. Phillips said in piloting yesterday's debate. "Secondly, (it will) enable law enforcement to deal with the technological changes which allow for rapid change of instrument or the non-permanence of instruments."
Although allowing an authorised officer to widen the scope of a warrant initially issued by the court, the legislators insist that "all modifications made to a warrant by an authorised officer be submitted to the Supreme Court for confirmation as soon as is reasonably practicable, and not later than seven days after the date of the modification".
Dr. Phillips also promised the House that, within a month, regulations would be tabled requiring that all modifications to orders, as well as the entire wiretapping regime, be regularly reviewed by the Chief Justice.
He said that the reviews would be required at no more than three-month intervals.
Dr. Phillips also stressed that, even when modifications are made without court approval, it will be required that the Chief Justice be notified immediately.
