Hot air in the House over ‘JP’ Bill

Barataria/San Juan MP Saddam Hosein speaking during the October 10 sitting of the Lower House. - Photo by Grevic Alvarado

IT WAS supposed to be a simple bill – to reinstate justices of the peace (JPs) and others as legal officers empowered to issue search warrants. But the debate on October 10 in the House of Representatives descended into uproar as MPs yelled at each other across the floor.

Despite its long-winded name, the Administration of Justice (Indictable Proceedings) (Amendment) Bill, 2025, it did not send MPs into a doze but instead sent House Leader Barry Padarath (Couva South) into a yelling match with opposition MPs Kareem Marcelle (Laventille West) and Dominic Romain (Malabar/Mausica).

Even before the House sat, a hint of things to come was given when Minister of Homeland Security Roger Alexander, when met by reporters outside the Red House, sent a bizarre message to opposition chief whip Marvin Gonzales by blowing up a plastic bag, which Alexander said was a bag of hot air and was an apt gift to Gonzales, the Arouca/Lopinot MP.

Things got hot inside the House during the contribution of Marcelle, an attorney, who claimed certain JPs were approving search warrants for the police which did not even contain a subject's name or address.

"We have to stand as watchdogs on that type of behaviour especially when there is inference of political persecution from members opposite.

"When they point at this side and say, 'I looking for war with you', 'I looking for war with you', and I going to war with you'...." It seemed to be a reference to Attorney John Jeremie once telling certain opposition MPs, "I coming for you, and I come for you."

House Leader Barry Padarath, in a black and silver kurta, rose on a point of order to object, saying, "Mr Speaker, 48(6)."

When an MP rises on standing order, he is usually promptly recognised by a Speaker to make his objection to a point just made by the MP who was on his legs, who in turn, takes his seat.

But things did not follow this script, as both Padarath and Marcelle were on their legs simultaneously.

Padarath shouted, "Sit down! Sit down! Sit down!"

Marcelle got vexed. "Who you feel you talking to? Who you feel you talking to?"

Padarath: "Sit down!"

The two continued to yell at each other, often inaudibly, as Speaker Jagdeo Singh stood and appealed, "Leader of Government Business!" The uproar continued.

Jagdeo himself got fed-up, yelling: "Enough! ENOUGH!"

Marcelle yelled inaudibly. Padarath, motioning with a chiding finger, said, "Hooliganism will not be accepted! I stood up on standing order 48(6)."

This standing order bans any MP from imputing improper motives to another, something Padarath clearly thought Marcelle had done. Marcelle let off some more steam, shouting at Padarath.

Laventille West MP Kareem Marcelle during a heated interaction with Couva South MP Barry Padarath in Parliament on October 10. - Photo by Grevic Alvarado

Singh sought to interject: "You know, there is absolutely no need for all this. I really would appreciate if we do not stand when other members are standing, especially when I am standing!

"More especially, I would really, really be grateful if you (Marcelle) in particular – and I really don't mean to single you out – don't stand and shout in such an uncontrollable and venomous and vehement manner, this is not how I know you."

Jagdeo, an attorney, said he knew Marcelle beforehand from their work in the law courts, sometimes working on the same team and sometimes as adversaries.

"I have never seen this (conduct) outside of this forum. And I really wish that we would simply stop it!"

Singh gave Marcelle a few minutes more to finish his contribution, advising, "Let us forget the invective. Let us forget the pugilistic posturing. And get on with it."

A divided House passed the bill with 27 votes "for" to 12 votes "against."

'HUSH YUH MOUTH ON BRENT THOMAS'

AG Jeremie had piloted the bill, by saying JPs already exist with the power to issue search warrants in countries including Jamaica, Barbados, St Vincent, St Lucia, UL, New Zealand and Australia.

He said such authority also existed in TT up to 2023 until removed by an amendment to the Administration of Justice (Indictable Proceedings) Act known as AJIPA.

Jeremie said the bill empowers a magistrate, a magistracy registrar and clerk of the court or a justice of the peace to approve search warrants along with masters of the High Court.

Subject to subsection (2), to have and exercise concurrent jurisdiction with Masters to issue search warrants.

Port of Spain South MP Keith Scotland, for the opposition, said the judge in the case of Brent Thomas had been thunderstruck by how "shabilly" the JP had acted.

He asked for statistics and evidence to show that under the existing law, search warrants were being delayed.

Scotland said the pre-requite qualifications to become a JP (resume, references and ID) were far less onerous than than to be a Master of the court (LLB and LEC qualifications plus seven years practice as an attorney). "It is chalk and cheese, and it is counter-intuitive to put the two together."

He complained the bill gave lay people the right to enter homes and suspend constitutional rights.

Port of Spain South MP Keith Scotland speaks during the October 10 sitting of Parliament. -  Photo by Grevic Alvarado

Minister of Land and Legal Affairs Saddam Hosein in his speech told Scotland "Hush your mouth when it comes to Brent Thomas." He said he wanted to now who was the then minister who had sent the police to Barbados to arrest the firearms retailer.

He said while the bill's original parent act known as AJIPA had stopped JPs issuing search warrants for indictable or serious offences, AJIPA had not curbed JPs acting in summary or less serious cases. Hosein made the point that no minister appoints individuals to be JPs but rather the President of the Republic. Further, he said the appointments were done under a very rigorous process such as police checks.

Hosein expressed his shock when upon taking office, in the ministry he had found applications from 100 individuals to be JPs filed for 2010-2014. Not only was the office-space "a total mess" but only a sole administrative office II was handling every application.

He said at present TT has 126 JPs. While most JPs are assigned to practice merely within a region, then Hosein suggested removing this restraint. Saying he did not want the opposition to be troubled by the mess they left, he vowed, "We will fix it."