By Tahna Weston
Even after concerns were expressed by a number of parliamentarians, the Small Charges Amendment Bill 2024 was passed in the Lower House with some amendments based on those apprehensions.
The Bill complements the Anti-gang Bill passed last Friday (September 13) and seeks to control the movement and gathering of young people under the age of 18 on the streets at particular hours, and who are unaccompanied by an adult.
Attorney General Sir Steadroy Benjamin said that the Bill would be instrumental in controlling loitering and gathering of young people, especially among school children, which has been a cause for concern based on their mischievous behaviour in public spaces in the past.
The attorney general said that it has become the norm for young children to be out at all hours of the night doing nothing constructive, but causing mischief, disturbing the peace of hard-working citizens and residents of the country.
“But when you drive on the streets, 10:30 and onwards, three or four little children, sitting down playing dominoes under street lights; drinking beer; smoking (weed). Look, this has to stop.
“My people complain to me in City South when they have functions…nine and 10-year-old boys smoking openly in public,” Sir Steadroy said.
MP Richard Lewis and MP Asot Michael both had similar concerns as it pertains to parents’ accountability for the actions of their children. Parents and guardians face financial penalties for the misbehaviour of their children.
Michael, in supporting the Bill, spoke about young people loitering at the Vendors Mall smoking and drinking, particularly on Fridays.
He also said that the accountability of parents is critical in having them take control and responsibility of their children.
“And by holding parents accountable for the actions of their children with financial penalties to the parents, the Bill emphasizes what it calls ‘parental responsibility’, and that in itself can lead to more supervision of children.
“And a clear curfew, Mr Attorney General, what you have set out in the Bill setting a specific time from 10 pm to 6 am in the morning when minors cannot be out unsupervised…it is important that you have public safety hours . . . ” MP Michael said.
Pointing to some flaws in the bill, which were addressed during the committee stage, Michael said the amendment focused on penalties including fines for parents and charging the child for loitering.
However, he said the Bill could lead to a situation in criminalizing minors for what could be a social and economic issue, which is currently being experienced in the country. He spoke of the lack of safe spaces and adequate recreational facilities, in addition to parental neglect.
MP Lewis also expressed similar concerns to those of Michael saying that the parents should be given a warning before charges are brought against them pertaining to the nighttime curfew, which was addressed during the committee stage.
The Bill had initially stated that a parent whose child is found loitering, upon summary conviction, faced a fine of $2,000.
Lewis admitted that there is a problem which should be addressed for those parents who are unaware of where their children are at 10 pm.
He was concerned about how the daytime curfew would be implemented, saying that the definition of loitering could lead to confusion.
“Do we have the police manpower to execute this daytime curfew? It is important for all of us to understand the rules of engagement. The daytime curfew runs from 6 am to 10 pm. Now I know in other places, I don’t know of any Caribbean country that has a full daytime curfew.
“I know in other countries they have curfews that run for the school hours; so when you are supposed to be in school, you are not supposed to be on the street loitering and there is a curfew in that regard. I don’t know how you are going to implement that,” Lewis said
The MP said that many of the problems which are being faced involving young people are as a result of parenting. He called on everyone to play their role in guiding young people along a productive pathway.
