Message from the Editor
Table of Contents
The PSOJ, in response to a demand survey commissioned in 2009 and in support of the reform initiatives of government, has taken the bold step to set up a centre focused on providing commercial alternative dispute resolution (ADR) services to the business sector. The demand survey indicated that the majority of the participants were not satisfied with the courts as an efficient mechanism for resolving disputes. More than 74 per cent of those surveyed indicated their willingness to use the services of a centre. The Commercial Alternative Dispute Resolution Centre (CADRC), provides the services of experienced mediators and arbitrators and a modern, private, confidential environment to work through commercial disputes. The InterAmerican Development Bank (IDB) has allocated US$150,000 in grant funding in support of this initiative. They have successfully implemented similar projects in Latin America and the CADRC is the first of its kind in the English-speaking Caribbean. The primary objective of the centre is to improve the climate for business relations and investment in Jamaica through the use of alternative means of dispute resolution. The PSOJ is encouraging a change in attitude toward resolving commercial issues in Jamaica. Despite many efforts and reform initiatives, the court system is backlogged, slow and a costly way to do business. ADR is an effective alternative to the court system for businesses. In our Member Focus feature, we highlight one of our individual members, Justice Hugh Small, QC, who was integral to the establishment of the CADRC as a member of the Jamaica Justice System Reform Task Force. We also look back at the first four sessions in our Mentorship of Emerging Entrepreneurial Leaders Series (MEELS) and hear from a participant about how she has benefited from the initiative. In our Current Issues section, we hear from Finance Minister Dr Peter Phillips, who spoke on the importance of partnership with the private sector and other stakeholders to instill greater confidence in the economy, at the recent PSOJ Chairman’s Club Forum. At the same forum, LIME managing director, Garry Sinclair, also urged the government to modernise the regulation of the telecommunications sector. Finally, focusing on each sector, we round up our expectations of the new government, as well as highlight PSOJ committee reports and projects for the last quarter of 2011.
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PROJECT FOCUS PSOJ establishes Commercial Alternative Dispute Resolution Centre (CADRC)
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MEMBER FOCUS Justice Hugh Small, QC
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CURRENT ISSUES Yes to private sector partnership, No to high interest rates - Phillips
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CURRENT ISSUES LIME Managing Director presses case for reform of telecommunications sector
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SPECIAL PROJECTS Mentoring emerging entrepreneurial leaders
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Sandra A.C. Glasgow CEO The Private Sector Organisation of Jamaica (PSOJ)
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PAST HAPPENINGS
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project focus
PSOJ Establishes Commercial Alternative Dispute Resolution Centre (CADRC)
Anne Marie Bonner, Project Manager of the Commercial Alternative Dispute Resolution Centre (CADRC)
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ealising the high incidence of commercial disputes among businesses and the long process of resolution through the court system, the Private Sector Organisation of Jamaica (PSOJ) established the Commercial Alternative Dispute Resolution Centre (CADRC), with the aim of providing an alternative avenue for resolving disputes. “The PSOJ wanted to set up a centre as part of its justice reform initiative to address the matter of the delays in the court and the backlog, and provide a service to small and medium business to expedite the resolution of commercial disputes,” said trained mediator and centre manager, Anne Marie Bonner. “What this space offers is a neutral, independent centre... a private, confidential space. We also provide administrative services; we do all the leg work in setting up the appointments... get all the documentation that would be required, follow up with all the phone calls, then we provide the space to allow it to happen.” The centre was officially established in January 2011 and is focused on providing services in arbitration and mediation. “In mediation, the mediator facilitates the discussion and facilitates the resolution. In an arbitration, the arbitrator listens to the evidence from both parties and then determines what the award should be,” Bonner explained. These services will be carried out by experts who will oversee the processes and assist businesses with reaching a resolution. The CADRC is still in the early stages of its development, but it has already conducted eight sensitisation sessions facilitated by James South, international alternative dispute resolution (ADR) consultant and director of training at the Centre for Effective Dispute Resolution (CEDR) in the United Kingdom. South says he hopes the CADRC will develop
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Anne Marie Bonner with Justice Hugh Small, QC into a world class dispute resolution centre and highlighted that the sessions revealed “a real hunger from the business community that we met at the workshops for earlier resolution of their disputes before they even got to court.” “The key points were to explore the impact that disputes have on small and medium business and the limitations and disadvantages of the courts in resolving these disputes, such as delays, cost and destroying business relationships,” South said of the sessions, which included a number of local business interests. “We then explored the benefits of arbitration and mediation in resolving commercial disputes. We also explained how the processes worked [by] doing a demonstration for participants.” The sessions were primarily aimed at heightening awareness about the project and the services offered to businesses. Sessions were held in Kingston, Montego Bay, Ocho Rios, Mandeville and Savanna-la-Mar. The centre is currently conducting a series of in-house briefings with representatives of various business sectors and additional sensitisation sessions are planned for early this year. According to Bonner, findings from a survey conducted by the PSOJ in 2009 indicated that many commercial disputes occurred with customers and suppliers, some in the form of contractual disagreements between two parties and disputes in relation to competitors who commit infringements such as copyright violation, as well as issues to do with labour contracts and partnerships. It is the aim of the centre to provide the services that will allow businesses to resolve these disputes quickly and without incurring costly legal fees. The CADRC provides an initial three hour session and additional hours after, as necessary.
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Anne Marie Bonner in discussion with Project Assisstant Andreen Lee.
“Typically, if somebody has a dispute and would like the matter to be resolved, they would come to the centre and we will contact the other party. They will both have to agree to the process. It is a voluntary process... but once they come they have to agree to at least give [it] a chance,” Bonner said. “It is a very confidential process. The mediator does not prescribe a resolution; both parties come up with a resolution on their own. They will both sign an agreement. If for some reason one party defaults, then they can still take that matter to the court afterwards, because then it would mean that they would have reneged on a legal contract.” Graham Dunkley, General Manager of the agricultural chemicals division of Lascelles Demercado, anticipates that the CADRC will have a meaningful impact on commercial disputes for a number of reasons. “One is that by bringing the commercial focus and the private sector background, this framework that they are creating... can move us away from a litigation mindset for dispute resolution,” he said. “Two, this organisation can be a catalyst for change primarily in arbitration and, ultimately, as they develop their history and portfolio of success, there are other areas of commercial law that maybe we can look at modernising and this may help.” Having previously had experience with commercial mediation and arbitration services, Dunkley is supportive of any initiative that saves time. He encourages businesses to consider taking this route when faced with disputes. “Arbitration and mediation allow for the settlement of a dispute without the adversarial culture that litigation is going to bring. The quicker you can resolve a dispute and move on to a new relationship, is the better. I think litigation should be the last resort,” he said. The CADRC is also offering businesses the opportunity to apply for grants, which will help to offset the costs of using the centre. For further information on the matching grant programme, please contact Anne Marie Bonner at the CADRC at (876) 754-3593 or annemarieb@psoj.org 7
member focus Justice Hugh Small, QC “One of the things that the PSOJ made the commitment to do was to try and promote ADR (Alternative Dispute Resolution) in commercial matters to not only serve the needs of its members but also to assist in ensuring that the justice system was improved.”
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he adage of making lemonade when life throws you lemons might be a bit trite by now, but its meaning is still very true, as Justice Hugh Small, QC can attest. One of Jamaica’s most brilliant legal luminaries, his goal was to be a Supreme Court judge, but his applications for the bench were repeatedly ignored. Finally, in 2001, he decided to look elsewhere in the Caribbean and made his way to the Bahamas, where he spent five and a half years as a Justice of the Supreme Court, following in the footsteps of his grandfather, who had served in that country in the 1920s. As fate would have it, he served as a commercial judge and went on to become an Associate Member of the Chartered Institute of Arbitrators of Britain. This would lead him to an association with the Private Sector Organisation of Jamaica (PSOJ), which in turn led to the establishment of the Commercial Alternative Dispute Resolution Centre (CADRC), the country’s first arbitra-
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tion and mediation facility solely dedicated to the business community. Upon his return from the Bahamas in 2006, Justice Small began working with the PSOJ as a member of the Jamaica Justice System Reform Task Force, formulating the proposals that went into the organisation’s report. The report had a number of recommendations, including a requirement that stakeholders commit their organisations to assist in modernising the Jamaican justice system and in dealing with the backlog of cases and inefficiencies in the court system. “One of the things that the PSOJ made the commitment to do was to try and promote ADR (alternative dispute resolution) in commercial matters to not only serve the needs of its members but also to assist in ensuring that the justice system was improved,” Justice Small explained. The idea for the CADRC was born out of the PSOJ’s commitment to the report. The centre was officially established in January 2011.
sized enterprises (SMEs). These businesses suffer the most from lengthy trials because they usually lack the human and financial resources to maintain operations while paying for costly, protracted court cases and often have to close down. “The future of the Jamaican economy depends upon our ability to bring more investments into the economy and most of these investments are going to come in medium and small businesses,” he added. After his interest in ADR was piqued, Justice Small made contact with several commercial ADR facilities in Latin America through the Inter-American Development Bank (IDB) and visited centres in Argentina and Chile. Of course, ADR is not exactly a new concept to Jamaica as the Dispute Resolution Foundation (DRF) has been in operation since 1994. However, the DRF is not strictly for commercial clients and they are usually sent cases that are lagging in the court system. “We are conscious of the fact that some mediation and arbitration is undertaken at the Dispute Resolution Foundation, but we feel that there is an additional aspect of it that can be introduced into the Jamaican society that will strengthen the existing work. We believe that it is possible to establish a new culture that will let people see this as an alternative to going to court and this is what we are about,” Justice Small said. He also stated that people are interested in the services offered by the CADRC and are supportive of the idea, but it will take a little time for the centre to really take root.
Justice Hugh Small, QC
Justice Small’s determination to see the CADRC up and running comes from his experiences in the Bahamas. “My interest in mediation developed as a result of the exposure that I had to dispute resolution when I was a judge. There were a lot of disputes that came before the courts in a very combative and adversarial way that would better be solved by having some form of intercession by someone to try and bring the parties closer together, not only to help them save money but also to help them get solutions with which they could live, no question of winners and losers,” he said. Currently, many commercial cases take up to 10 years to be resolved in the local court system, which Justice Small sees as detrimental to the economy, especially as it relates to small and medium10
Although he has been integral to its establishment, Justice Small wants to now take a back seat in its operation. However, he will make himself available should his vast experience be required. “I don’t want the centre to be identified with me. I want it to be identified with the interest of the business community, particularly the small and medium-sized businesses,” he said. His vision for the CADRC is that it will become an active service that the PSOJ is able to offer all sections of the business community, particularly SMEs. There is also scope to expand the CADRC regionally if it does well locally. “The Caribbean is the only region in the entire hemisphere that doesn’t have commercial ADR centres. They exist everywhere else. There was an effort to get one going in Trinidad but it didn’t really get off the ground. I think what we need to do is demonstrate clearly its success in Jamaica here before we start to think about going regional. Businesses do have inter-relationships within the Caribbean. If we succeed here, it will be a natural stepping stone.”
Current Issues
Yes to Private Sector Partnership, No to High Interest Rates - Phillips
“Our objective is to get these rates even lower if conditions allow.” Minitser of Finance and the Public Service, Dr Peter Phillips speaking on the importance of private sector partnership at the PSOJ Chairman’s Club Forum.
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eeks into his tenure as Minister of Finance and the Public Service, Dr Peter Phillips is calling for a new and deeper partnership with the private sector while continuing to allay fears about continuity in economic policy, chiefly the maintenance of a low interest rate regime. “There is no policy of high interest rates and there will be no policy of high interest rates,” Phillips told his audience at the PSOJ Chairman’s Club Forum held at the Wyndham Hotel in New Kingston on Tuesday, January 24. “Our objective is to get these rates even lower if conditions allow.” However, he said that while government would seek to provide macroeconomic stability that will facilitate low interest rates, banks needed to do more to reduce their spreads and pass on the benefits to borrowers. Throughout his speech, the minister returned to the importance of partnership with the private sector and other
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stakeholders. This he said would instill a greater degree of confidence and growth in the economy. He acknowledged that too many constraints remained on the economy, such as high national debt, crime and energy costs. “At the outset, let me make it clear that our objective is to accelerate private sector-led growth through increased investment and efficiency gains… so as to generate jobs, reduce unemployment and poverty,” he said. He also invited private sector interest in the government’s divestment programme, acknowledging that certain entities would otherwise remain too inefficient if they stayed within the public sector. Phillips singled out the PSOJ’s Youth Upliftment Through Employment (YUTE) programme as an example of proactive involvement by the private sector. Responding to a question from the audience, Phillips called for patience regarding the nascent Jamaica Emergency Employment Programme ( JEEP).
(L-R): Finance Minister Dr Peter Phillips, PSOJ President Joseph Matalon and PSOJ CEO Sandra Glasgow.
He also gave positive signals about preliminary talks with the International Monetary Fund (IMF), due for completion on the day of his speech, ahead of full negotiations. “The Government is desirous of entering into a new agreement in the shortest possible timeframe. These negotiations are going to be tough, but based on the discussions today, I can say that there is a spirit of goodwill and the atmosphere is good.” Following previous finance ministers who did not arrive with a background in finance, former University of the West Indies (UWI) Mona lecturer, Phillips nonetheless has a diverse résumé of ministerial portfolios already behind him: health, transport and national security. He now faces a number of challenging tasks including: preparing a new budget to be delivered in three months time; maintaining economic stability and restricting borrowing; avoiding public sector job cuts while fostering job creation; and renegotiating Jamaica’s relationship with the IMF. Phillips has stressed that medium-term goals will include reform of the taxation system and of the public sector 13
pension system; public sector transformation and reducing public sector costs. Not the first finance minister to be questioned over his supposed lack of experience, Phillips prudently responded that he has taken advice from financial experts and referred to his appointment as a “natural evolution” in his political career. A Fulbright scholar, he holds a doctorate in international political economy. He has maintained that his latest job is actually a better fit than previous portfolios given his academic interest in economic growth and development. Phillips has sought to dampen uncertainty and boost confidence by promising continuity from the last government in terms of macroeconomic policy: keeping the economy stable, restricting debt and ensuring that Jamaica reduces its dependence on borrowing. He has, of course, extended this continuity to his senior team, which includes Dr Gladstone Hutchinson, directorgeneral and Executive Chairman of the Planning Institute of Jamaica (PIOJ), Financial Secretary, Dr Wesley Hughes and Governor of the Bank of Jamaica, Brian Wynter.
Current Issues LIME Managing Director presses case for reform of telecommunications sector
“We remain 100 per cent committed to our employees, our loyal customers, our shareholders, our suppliers, the wider public and everyone who supports us and depends on us.”
LIME Managing Director, Garry Sinclair addressing the PSOJ Chairman’s Club Forum.
Encouraged by a recent statement by telecommunications minister Phillip Paulwell, LIME Managing Director, Garry Sinclair, is nonetheless demanding that the government take immediate action to further modernise the regulation of the sector. Addressing the PSOJ Chairman’s Club Forum on January 24, Sinclair used the opportunity to continue LIME’s lobbying efforts following Digicel’s acquisition of Claro, which gives it a cumulative total of 2.6 million customers. LIME currently has 350,000 customers, a disparity which the former monopoly provider argues has reversed the gains of liberalisation in the absence of lower cross-network rates and number portability. “I look forward to seeing this matter progress beyond talk because frankly, now is the time for action,” Sinclair told PSOJ members. “And yes, we’ve been hearing positive utterances, but we can’t just discuss these issues, we have to do something to rectify the current situation.” The LIME MD contended that the regulatory framework had become outdated in the 10 years since liberalisation and that the cur15
rent reform debate was the most important issue to face the sector during this period. “Currently, the dominant player (Digicel) is in a position to confine most of the national call traffic to its network by making calls off its network punitive, starving other operators of revenue from crossnetwork calls. In other words, the deficiences in our existing regulatory regime facilitate the dominant player’s ability to make it unprofitable for other players to offer a voice service,” said Sinclair. The consequence, he argued, is that individual customers and businesses are being denied the benefits of a competitive market. He also moved to affirm LIME’s determination to remain in the market against the background of a news report that the regulatory environment was forcing the company to reconsider its future. “We remain 100 per cent committed to our employees, our loyal customers, our shareholders, our suppliers, the wider public and everyone who supports us and depends on us,” said Sinclair.
special programs MENTORINg EMERgINg ENTREPRENEuRIAL LEADERS
(L-R): Sherrone Blake-Lobban, CEO – DPM International Ltd.; Adam Laing, Projects Manager – TARA Courier Service Ltd; Dane Lafayette, Service Manager – Geddes Refrigeration Ltd; Janelle Pantry, Managing Director – Spaces Ltd; Hon Maurice Facey OJ, Chairman – Pan-Jamaican Investment Trust, guest mentor; McHugh, Managing Director – Bars to Go Group Ltd; Sandra Glasgow, CEO – PSOJ; Tyrone Wilson, Managing Director – eMedia Interactive Ltd; Patrice WilsonAisha Morgan, Managing Director – Nettle and Moss Ltd.
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ntrepreneurship is a key factor in economic development. Entrepreneurs contribute to society in ways such as providing jobs, conducting business locally, creating and participating in entrepreneurial networks, investing in community projects and giving to local charities. Realising both the economic and social impact of entrepreneurship, many countries and organisations have implemented aggressive strategies aimed at cultivating and nurturing entrepreneurs. In this vein, the Private Sector Organisation of Jamaica (PSOJ) launched a new initiative in July 2011 called the Mentorship of Emerging Entrepreneurial Leaders Series (MEELS). This is one of the ongoing activities of the PSOJ’s Membership Committee, designed to deliver business-related value for members and enhance the value proposition. In this venture, some of the organisation’s young entrepreneurs and some prospective members who are entrepreneurs are invited to attend sessions where they are mentored by local business leaders and senior statesmen. Approximately seven young entrepreneurs are invited to each session, along with members of the PSOJ team. A guest mentor is invited to share some of his experiences in business as well as to field questions from the entrepreneurs and assist them with developing strategies that will assist in the growth and development of their businesses. There have been six such events and the mentors to date have been: Hon William McConnell, Dr Marshall Hall, Hon Maurice Facey, Richard Byles, Oliver Clarke and Patrick Hylton. Each mentor has brought his own unique style to the proceedings. Marsha Smikle, Managing Director of Delivery Solutions, who was a part of the session with Dr Hall, recounted her experiences: “He provided guidance on our business models. It was a very interactive session. We talked about the issues and challenges we face.” One of Smikle’s issues was finding suitably qualified people to work in her company. “He said the government has
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(Seated): Dr Marshall Hall CD, Chairman – Jamaica Producers Group, guest mentor; Sandra Glasgow, CEO – PSOJ. (Standing, l-r): Alexander Melville – Finance Director, Chukka Caribbean & Tropical Battery; Mark Dean, CEO – Prime Fencing and Roofing Systems; Gale Peart – CEO, Caribbean Fortress Ltd; Marsha Smikle, Managing Director – Efficient Delivery Solutions Ltd.; Duane Lue-Fung – CEO, Lutec Ltd; Kimala Bennett – Managing Director, The Business Lab/The Production Lab; Stephen Whittingham - CEO, Island Ice and Beverage Co; Chris Reckord – Chairman, PSOJ Membership Committee.
to put more emphasis on skills training, but I’ll probably have to invest in an in-house trainer to train staff in specific skill sets.” Among the lessons she took away from her mentoring session were the importance of working hard, having a passion for what you do and being fair and ethical in all business affairs. All mentees and mentors came together on December 13, 2011 for the MEELS networking event, where mentor Patrick Hylton spoke about the journey to his current position, which included a story on how he prepared for and completed a marathon in his quest to live a better life. “It was very inspiring,” Smikle said. “We also got the chance to see each other again and make linkages. “The mentorship programme gives you a chance to interact with fellow entrepreneurs – hear their stories, their challenges and hear from an entrepreneur who has gone ahead and learn from their experiences,” she added.
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OVERVIEW: NEW GOV’T AND THE ECONOMY Relationship with the IMF Finance minister Peter Phillips is currently engaging in preliminary talks with the International Monetary Fund (IMF) to review the country’s financial obligations. The aim is to change the agreement to an Extended Fund Facility, rather than the 27-month stand-by agreement currently in place. Tax reform Several months ago the then Jamaica Labour Party (JLP) government tabled a green paper on tax reform that proposes, among other things, to lower GCT rates and reduce the numbers of exempt items, as well as to drastically reduce many waivers and concessions granted to businesses. The People’s National Party (PNP) manifesto agreed in principle with this approach, noting, “broadening of the tax net and revamping of the incentives regime was a tool to stimulate growth”. As part of the “revamping” of incentives, the PNP is proposing a four-year tax holiday for start-ups in any sector and incentives for companies that hire disabled workers. Public sector reform In its manifesto, the PNP acknowledged the need to reduce public sector wages as a percentage of GDP, but observed that the reduction could be achieved “through frank dialogue with workers and their representatives, as was done in the Memorandum of Understanding (MOU) in 2003-2004”. In a post-election pronouncement, Phillips reiterated that the PNP did not believe that large layoffs of public sector workers were necessary or feasible. Public sector pension reform Given estimates of the Government of Jamaica (GOJ) liability for public sector pension of $255 billion or 15 per cent of GDP, there is little likelihood of the GOJ being able to continue to solely fund pensions from the budget. A contributory scheme therefore appears to be in the short-term future for Jamaican public sector workers. Job creation The PNP has begun to implement the Jamaica Emergency Employment Programme (JEEP) to counter rising poverty. JEEP will comprise assorted public works projects such as: the construction of retaining walls, paving of gullies and reforestation. Private sector companies adding jobs will also be given an appropriate incentive for a period of three years. The public sector portion of JEEP is to be financed by diverting 15-25 per cent of the funds in the Jamaica Development Infrastructural Programme (JDIP) and the Tourism Enhancement Fund (TEF). Energy The PNP manifesto places energy at the forefront as one of two “overarching” sectors to “reposition the economy for growth”. 19
Intertwined within the many PNP energy proposals are four key strategies, namely: modernising the electricity generation infrastructure; diversifying the fuel mix; strengthening regulations and institutions; and promoting energy efficiency and conservation. ICT ICT was the other “overarching” sector identified by the PNP. The ICT strategy identifies awareness, access, diffusion, exploitation and innovation as the trajectory followed by nations to maximise benefits from ICT. The PNP’s manifesto then outlines short, medium and long-term strategies for moving the country along that trajectory. The party also plans to establish one million square feet of ‘plug and play’ facilities in partnership with the private sector. At estimated construction costs of $300-$500 per square foot, the build out of ‘plug and play’ facilities could cost $500 million.
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MSMEs During the election campaign, both parties promised to focus on MSMEs given their job creating potential. The PNP’s focus was on encouraging formalisation to improve MSMEs’ access to financing and other benefits. The PNP also promised to provide a four-year tax holiday for start-ups. Agriculture The PNP emphasised food sufficiency and agroprocessing to add to the agricultural sector. Again, the best course would be to combine the best ideas from both parties to move this sector and help it achieve its potential. Tourism As for agriculture, the PNP and JLP had quite similar and sound positions in the tourism sector. Both parties support market diversification, improving and diversifying Jamaica’s tourism product, improving the country’s infrastructure, increasing the number of attractions, and enhancing the hospitality skills of workers in the industry National security National security is especially important to investors and business, and the PNP observed in its manifesto that violence and criminality has for many years “stymied economic growth and investment�. To deal with these challenges, the PNP proposed a three-pronged strategy consisting of: Institutional improvements affecting the Jamaica Constabulary Force and the Jamaica Defence Force; Targeting organised crime; and Engendering trust. As important and necessary as these broad initiatives are, what seems critical at this stage is a more detailed sector by sector strategy as the measures to address the security needs of farmers are not necessarily those that will be most helpful to hoteliers or business persons operating in the commercial and industrial districts. 20
COMMITTEE UPDATES Corporate Governance Committee The Committee will meet again in February 2012. Crime Stop The Crime Stop coordinator’s report highlighted the following for the period ending December, 2011: t 5IF TVDDFTT SBUJP XBT JO DPNQBSFE UP JO GPS /PWFNCFS t 5IFSF XBT POF BSSFTU JO %FDFNCFS DPNQBSFE UP UXP JO /PWFNCFS t 5IJSUZ UISFF DBMMT XFSF SFDFJWFE JO %FDFNCFS POF MFTT UIBO UIF SFceived in November. t /P JOGPSNBUJPO PO SFXBSE QBJE PVU JO %FDFNCFS 5IF UPUBM SFXBSET QBJE in November amounted to $15,000. t /P JOGPSNBUJPO PO QSPQFSUZ SFDPWFSFE JO %FDFNCFS /PWFNCFS T SFcovered property was valued at $391,624. t /P SFQPSU PO UIF WBMVF PG OBSDPUJDT SFDPWFSFE JO %FDFNCFS JO /PWFNber, $15,000 was the value of the narcotics recovered. Education Committee The Education Committee was on recess for the month of December. However, members of the sub-committee, comprising Sandra Glasgow, Renee Rattray and Lloyd Eubank-Green, met on Wednesday 30, 2011 to discuss the draft policy paper. It was agreed that relevant statistics would be used to demonstrate that the education system is broken. The four pillars model proposed by the PSOJ will be focused on: t 4UVEFOU DFOUSFEOFTT t 'PDVT UIF .0& PO QPMJDZ GPSNVMBUJPO t %FWPMWF MFBEFSTIJQ BOE HPWFSOBODF t #VJME BDDPVOUBCJMJUZ BU BMM MFWFMT The revised paper is to be completed in time for the January 2012 Education Committee meeting.
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PROJECTS CADRC During the period, sensitisation sessions were held with retired judges and all five of the invited retired judges attended and expressed support and interest in being on the panel. Two have submitted their resumes and one has expressed interest in participating in the commercial mediation training. The sensitisation sessions scheduled for the maritime industry, and the public sector were rescheduled for January 2012. Two mediations were held, one for a full day and the other half day. The mediations are to continue in the New Year as the matters were not concluded. An official letter was received from the Development Bank of Jamaica confirming the approval of a grant request for US$60,000 for public education and MSE grants. The funds are to be disbursed in three tranches. The Inter-America Development Bank has also approved our request to reconstitute the Project Steering Committee without the Chartered Institute of Arbitrators and the Dispute Resolution Foundation. YUTE YUTE activities were largely on hiatus during December because of the impending general elections. With the assistance of Advisory Council member, Brian Denning, we secured the remaining approval from the Minister of Finance under Section 13(q) of the Income Tax Act for Youth Upliftment through Employment ‘YUTE’ Limited. This means that individuals and companies making donations to YUTE. can claim a tax deduction for same (provided that the aggregate amount of donations made to approved charitable organisations does not exceed five per cent of the donor’s chargeable income for the relevant year of assessment). EU Banana Support Programme – St James Youth Training Project Site visits were done at the two locations in St James where training is to be undertaken. An assessment of the proposed training facilities determined that refurbishing and some amount of infrastructural work was required before computer equipment could be installed. Improving the Competitiveness of Family Businesses The Disbursement Requests justification report was completed and delivered to the IDB for the third quarter. The Counterpart Report for the third quarter was completed and delivered to the IDB. 21
Request for the procurement of resources for Final Audit and Impact and Final evaluation is being carried out by the IDB. The PSR is being updated with the outcomes and lessons learned. The project manager is also in the process of completion of the documentation in anticipation of the audits. The financials for December cannot be finalised until January, 2012. The timing is dependent on receipt of the final disbursements from the IDB. The administrative matters affecting closure of bank accounts and the audit will be based on this occurrence. EU-Proinvest Project: Capacity Building of Caribbean Private Sector Environmental and Energy Management Capabilities Final energy and environmental audit reports from Caribbean Esco are outstanding. Final financial audit report of the project received from Ernst and Young and submitted to the EU in December. CDB Project: Improving CARICOM Market Access for Jamaican Goods and Services Trevor Hamilton and Associates is carrying out consultations with stakeholders for the development of a private sector-driven mechanism to improve regional market access for Jamaica; and business to business meetings in Barbados and Trinidad. advertisment
Past HappenIngs
Eaton Haughton, Consultant on the EU/ProInvest project addressing an Environmental workshop. Looking on are (from left) Omar Chedda, the PSOJ’s Trade and Environment Manager; Curtis Deenah, Technical Information Officer – Scientific Research Council and David Barrett, a member of the Environmental Auditing Team.
In 2011, the PSOJ secured funding from the EU, under the ProInvest facility, to undertake a regional energy and environmental management project in collaboration with private sector partners in Trinidad and Tobago. This involved energy and environmental audits for selected firms, training workshops, a learning and investment mission to the EU and a regional conference in Trinidad in July 2011. Many businesses face increasing challenges from environmental degradation, which threatens their sustainability. Trade agreements increasingly require improved environmental practices in response to global climate change and achieving international competitiveness for export success is critically impacted by energy consumption. The PSOJ-led project utilised a private sector collaborative approach to create opportunities for regional inter-company partnerships in developing solutions to the energy problems facing the region.
Former Commissioner of Customs, Danville Walker, makes a point during Dialogue Two entitled ‘Do Tax Incentives Enable Growth?’ at the PSOJ/JMMB Annual Economic Forum on June 28, 2011 at the Wyndham Kingston Hotel. Also participating were (from left) panelist Dr. Damien King, Executive Director of The Caribbean Policy Research Institute (CaPRI) and moderator, Imani Duncan, Group Marketing Manager at JMMB.
On Tuesday June 28, 2011 the PSOJ/JMMB Annual Economic Forum was held at the Wyndham Kingston Hotel under the theme ‘Dialogue for Growth – Enquiring. Listening. Solutions.’ Two dialogues were held. The first was entitled ‘Does the Monopoly Within the Electricity Industry Keep Energy Costs High?’ and the second was entitled ‘Do Tax Incentives Enable Growth?’ These dialogues were followed by round table discussions on energy and taxes.
The PSOJ held its 23rd Annual General Meeting at the Knutsford Court Hotel on Friday, June 3, 2011. Three individuals, 14 associations and 10 companies were elected to the PSOJ Council.
Lynval Freeman of Ernst and Young giving the Auditors Report at the PSOJ AGM on June 3, 2011. Listening attentively are PSOJ Officers: Earl Jarrett (partly hidden) – Honorary Secretary, Jackie Sharpe – Honorary Treasurer, Don Wehby – Vice President , Joseph Matalon – President, Sandra Glasgow (partly hidden) – CEO, William McConnell – Honorary Member, PSOJ Executive.
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Maureen Webber of the YUTE Project Management Office – Development Options, gave an update on the programme and members were introduced to Lascelles Page, a YUTE participant who has been hired on a full-time basis as the PSOJ CEO’s Administrative Assistant.
The Private Sector Organisation of Jamaica (PSOJ) The Carlton Alexander Building 39 Hope Road, Kingston 10, Jamaica, W.I. Tel: (876) 927 6238 Fax (876) 927 5137 Email: info@psoj.org www.psoj.org
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