The hearing into the challenge to the National Identification Act (NIDS), began today (Oct 22) in the Supreme Court with submissions being made by both sides.

People’s National Party General Secretary Julian Robinson is challenging the act, contending that various sections of the act are unconstitutional, and operate as violations to the rights of citizens of Jamaica.

The PNP is being represented by attorneys at law Michael Hylton and Senator Donna Scott-Mottley, while Attorney General Marlene Malahoo Forte is representing the government.

The matter is being heard by Chief Justice Brian Sykes, Justice Batts and Justice Palmer Harrison.

In making his submissions, Hylton outlined why the complainant felt the act is unconstitutional, and that the standards set needed to be met.

He pointed to the infringement on at least 8 sections of the Charter of Fundamental Rights and Freedoms.

Hylton also cited concerns with the mandatory requirements to enroll, pointing out the criminal sanction for failure to register.

He said an individual can become a non-person in the eyes of the state, if not registered.

In response, Malahoo Forte submitted that the constitutional challenge was premature because the law has not come into effect.

The judges raised questions about the clause relating to the NIDS number, which has to be provided in order for persons to access public services.

Malahoo Forte said that NIDS does not state that the individual not providing the national ID must be denied service.

The hearing will continue tomorrow.

Meantime, West Portland Member of Parliament Daryl Vaz has scoffed at the move by the Opposition Peoples National Party to challenge the National Identification and Registration Act, in the Supreme Court.

Prior to today’s court hearing, Vaz told JLP supporters at a constituency meeting in St. James last evening (Oct 21) that the Opposition Peoples’ National Party is seeking to distract the government.

He also claimed that the PNP is seeking to prevent the security forces from equipping themselves with a database that will aid their crime management capabilities.