DR. OMAR Davies has tabled in Parliament the Money Laundering Amendment Bill and the Financial Investigation Divisions Bill, both of which are designed to fight financial crimes and make it more difficult for drug money to be laundered back into the banking system.
Right-thinking persons would wish to support the objectives of the proposed legislation but might well be concerned as to whether specific provisions of the laws will infringe too deeply on traditional civil liberties. In microcosm, Jamaica is facing the central philosophic dilemma of the modern age, how to arrive at a proper balance between state power and individual freedoms in a democracy.
The proposed legislation attempts to widen the burden of reporting suspicious transactions to lawyers and real estate agents. The Jamaican Bar Association is rightly concerned that the ancient doctrine of privilege between lawyer and client will be ruptured with far-reaching long-term consequences for the society.
Lawyer/client privilege has been as sacrosanct down the ages as the seal of the Confession and, given Jamaica's non-aligned status in the present geopolitical arena, we do not think that the threat of terrorism should be allowed to so trespass on the doctrine of privilege that persons seeking legal assistance or redress will lack trust in the system. If this happens, innocent citizens will find themselves with nowhere to turn for redress.
No corresponding traditional relationship of privilege exists between real estate dealers and their clients. It is true that the present Real Estate Act mandates confidentiality between realtor and client but it is also true that the purchase of real estate with drug money is one of the easiest ways to launder money.
As the president of the Realtors Association has pointed out, if the reporting requirement is to be for any transaction over US$10,000, nearly every real estate sale will have to be drawn to the attention of the authorities. This will impose an administrative burden on real estate dealers but on balance we do not feel so strongly about this reporting requirement as we do about a legislative trespass on lawyer/client privilege.
We trust that the Bar Association will vigorously oppose the proposed legislation as it touches on this vital issue of privilege.
