Don Wehby’s challenges

By Professor David P Rowe

Don Wehby carried into government an excellent reputation for a good business mind and a fine ethical profile which would transcend political bias. Many glowing letters about him appeared in the press and some may be forgiven for researching his background to see if he were descended from either St. Francis of Assisi or Joan of Arc.

However, Wehby’s decision to exclude representatives of the alternative forex financial schemes from the recent’ Jamaica House talks suggested that he has failed to overcome his very first important political challenge.

Nobody voted for Wehby, so his sudden arrival as a Minister Without Portfolio was surprising to some of us who hold Westminster traditions important. His proposal of legislation on a critical part of the Jamaican economy without attempting to find out from the public what their stance is on unregistered investment schemes, is alarming. Is this the humility and pro-business atmosphere we were promised?

Why is the Minister Without Portfolio silent during this period? The Jamaica Observer has run a poll on this topic. Has the government advised itself about the results of this poll? If not, why not?

The Observer editorial is correct; the “honeymoon” with this government is over. It is obvious that Don Wehby knows the Jamaica Bankers’ Association’s view on the alternative schemes, but why not speak to the Jamaican public, the truly interested parties, as well.

Many Jamaican attorneys have deep concerns about the constitutionality of the Financial Service Commission’s (FSC) operations. Can a non-constitutional committee be given police power to deprive citizens of their property without a previous hearing at which both parties are represented? Many members of the FSC are well-meaning civil servants, but they may have been placed in a legal quagmire. They have been given a job to do without the enabling legislation or proper training.

A responsible pro-business government would commission a green or white paper on the topic, with a three-week turnaround time, and request public input, prior to reasoned parliamentary debate on the topic.

David P Rowe is a professor oflLaw at the University of Miami School of Law.

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