Parliament Joint Committee discusses new vending laws

A Joint Select Committee of Parliament met Monday to put finishing touches to draft legislation governing market vendors.

Minister of Energy, Small Business and Entrepreneurship, Kerrie Symmonds, who chaired the committee and one of the Government’s top legal drafters, Deputy Senior Parliamentary Counsel Shawn Belle, pointed out various clauses in the bill as lawmakers from both chambers voiced their concerns.

The first issue raised was whether vendors who had to appear before tribunals to hear any grievances they had should go it alone or be allowed to have someone else appear with them.

Committee member, Senator Lisa Cummins, said: “When we speak of manufacturers we speak to the individual companies as well as to the association, so I believe even though the legislation does not speak specifically to this, during an appellate process.

“For example, I would imagine that the vendor who is appearing will be represented by either an attorney or a friend, and once he or she is a member of BARVEN or any such body, someone from that organisation, because sometimes putting an individual vendor before a tribunal can be quite intimidating.”

St. Michael East MP Trevor Prescod agreed. He declared: “Trade unions or other such associations should always have the right to accompany their members in any consultation, since they can become complex, especially when it comes to understanding rights and duties, so I would like to see some provision where there is an institution to support them under these circumstances.”

But clause 18 of the proposed bill which dealt with conduct on market premises, specifically the consumption of alcohol or illegal substances, generated much discussion.

Minister of Maritime Affairs and the Blue Economy, Kirk Humphrey, whose ministry oversees the island’s fish markets, said: “Our vendors understand that we don’t want to encourage alcohol consumption in the vending zones but we cannot reasonably put into the legislation every possible scenario.”

Prescod noted: “In all my years I have never seen anyone come before the courts charged with consuming alcohol. There are many people in all sectors of the economy who consume alcohol on the job but it is only if they abuse people or cause any other kinds of trouble when intoxicated that they will end up before the court if necessary.”

Symmonds countered: “In the fish markets it was made clear that there have been instances where things can escalate quickly and it is not desirable to have drinking of alcohol or use of drugs while vending. There is an abundance of cases under criminal jurisdiction which begin with acts of violence being perpetrated where either one or both parties were intoxicated. We are trying to avoid that eventuality.”

The committee also discussed the timeframe governing when vendors should remove their items from any property from which they have been evicted.

Senator Cummins said: “I believe notices should give people adequate time to clear their items before they are seized, because for whatever reason they may run out of time in terms of getting a chance to do so based on other events taking place in their lives.”

Prescod added that those executing the orders to seize assets had to respect the time frames as well. “Ideally, action should be taken in as short a timeframe as possible, and the enforcer should also take some responsibility for this,” he said. “If the enforcer doesn’t carry out their duties in a timely fashion, they have to start the whole process again.”

“Eviction is always a last resort,” said Christ Church West Central MP Adrian Forde. “I know from my experience with the National Conservation Commission that parties who have any outstanding matters to settle, such as unpaid rent and so on, are given several chances to work out a solution with the relevant agency. It is only when all options have been exhausted and no solution has been met that eviction comes into play.” (DH)