Gov’t needs to better order its legal affairs — AG

ATTORNEY General Marlene Malahoo-forte has noted shortcomings in how the Government structures its legal affairs, blaming lack of timely and sufficient instructions as a hindrance to better outcomes.

She indicated the concern in her contribution to the 2021/22 sectoral debate in the House of Representatives on Wednesday, pointing out that delay in instructions is “particularly debilitating” when her chambers is seeking to resolve matters in court.

“Because of what I see through the court cases, I can say how regrettable it is that so much is done in the civil service and the wider public that is contrary to law. Most times the intervention of the chambers is sought after the fact, with an expectation for miracles. While I have seen some improvement over time, Government still has a long way to go in ordering its affairs for better outcomes,” Malahoo-forte told the House.

“What has driven home to me through dual roles is that the place to spot a fault is where it occurs, and so the place to solve a problem is where the problem exists,” she added.

She said her chambers would continue to provide guidance on public functions and adherence to the rule of law.

The attorney general pointed to the litigation division’s continued heavy workload, which saw it receiving 398 new files since April 2020. “That is more than one for every day of the year,” she pointed out, noting the staff of 16 attorneys and eight secretaries.

“Each attorney there has in excess of 200 assigned files on average,” she said, adding that the department recently lost four senior lawyers to judicial roles in the courts, at a time when, due to the massive workload and unattractive salaries, it is unable to attract qualified attorneys to fill senior positions.

Meanwhile, she advised that a total of 198 motor vehicle accident-related instruction files were returned to ministries, agencies and departments — mainly the Jamaica Constabulary Force — between

February 2020 and the end of March this year. This is out of 306 new accident matters the department received for the period.

The justice ministry paid out $12 million in accident-related settlements, while the Government was only able to recover $88,000 out of $6.6 million in claims issued to individuals and insurance companies as compensation for damage to Government vehicles in accidents.

“The insurance companies have been dilatory in responding to the requests for compensation. As a result, it has been proposed that litigation be pursued to recover the compensation due to the Government,” the attorney general said.

At the same time, she advised that the finance ministry has now approved the organisational structure for the centralisation of legal services so that her chambers will operate as the headquarters, with legal service units located inside the various ministries.

“We are working through some co-ordination issues which have arisen. We need to institute formal guidelines, as well as clearly defined standards and processes, to ensure consistency in the quality of legal work being produced across ministries and departments,” she explained.

There is to be phased onboarding of all staff in the legal services units to the attorney general’s chambers in coming months.