Public Defender Arlene Harrison Henry - file photo
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Arlene Harrison Henry
Public Defender Arlene Harrison Henry has disclosed her office will be funding legal challenges by stakeholders fighting mining in the Dry Harbour Mountain and the Cockpit Country.
Environmentalists and residents of St. Ann have been speaking out since it came to light that the government has overturned a decision by regulatory agencies not to grant a permit for mining in the Dry Harbour Mountain in St. Ann.
It has been suggested that allowing mining in that area could be a breach of Jamaica's constitution which protects the right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse.
Speaking Thursday on Radio Jamaica's call-in programme, Hotline, Mrs Harrison Henry said the decision must not be left unchallenged.
She said her office has a duty to provide support to persons who have made complaints about the issue.
"The law says the Public Defender shall ensure that any person who alleges that his constitutional rights have been or are likely to be infringed is provided with ready access to professional advice, and wherein necessary, to legal representation. For this purpose, I shall determine whether the complainant is in need of legal aid (or) authorised payment of such legal aid out of funds provided by Parliament to the Public Defender for that purpose," she told Hotline host Emily Shields.
Mrs Harrison Henry has invited complainants to select an attorney to represent them.
"We keep a list of attorneys who, in my opinion, are experienced in constitutional matters and in relation to both Cockpit Country and Dry Harbour Mountain, I have invited the complainants to select an attorney from that list and to provide them with the legal aid as is prescribed by law, and which empowers me to make that offer of help," she revealed.
She said the complainants are stakeholder groups with interest in the Dry Harbour Mountain and the Cockpit Country.
Irreparable damage
The Public Defender argued that the government can fulfill its thrust to create jobs without doing irreparable damage to the environment.
Mrs Harrison Henry noted that the government has said about 100 jobs will be provided through the mining process. However, she said there are alternatives.
"The stakeholders have come up with several other ways that that land resource, landmass and water provider can be used without disturbing that limestone mountain. They have identified several other ways that it can be used to provide the very jobs that we're talking about and we recommend that our resources are to be utilised to provide work for our people. We are on board with that," she pointed out.
Mrs Harrison Henry also criticised the environmental bond required of the permit holder Bengal Developments is low.
"This ($)40 million which I understand to be like an environmental bond, that is a cost of a little two-bedroom apartment around town. What could that do? Once you do damage out there, you cannot repair that damage," she contended.
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