HISTORY

The concept of an Ombudsman Institute originated in Sweden in 1809. The Swedish word Ombudsman means “a procurator or agent of civil affairs”, which may be interpreted as being “the peoples advocate”.

An International Ombudsman Institute was established in 1978, located in Edmonton, Canada, and housed in the Faculty of Law at the University of Alberta. It stores and disseminates information on Ombudsman operations throughout the world. At present, there are statutory Ombudsmen in over forty countries registered with the institute.

The idea of having an Ombudsman in Jamaica was proposed by Mr. Dudley Thompson, attorney-at-law and a then member of the Opposition in the House of Representatives in 1966. It was not until 1972, when the new administration took over the mantle that the machinery was put in place, with the hope that implementation of an Ombudsman system would be forthcoming.

In May 1977, the Honourable Michael Manley, then Prime Minister, announced the appointment of an Ombudsman-designate, Mr. Errington George Green. By this, both sides of the House had come to the realization that such a system could be useful in Jamaica and when Dr. Kenneth McNeil moved the Second Reading of the Bill in November 1977, it was the Honourable Edward Seaga, then Leader of the Opposition, who rose to second the Bill.

The office of the Ombudsman-designate was established in July 1978. The Ombudsman Bill was passed in the House of Representatives in October 1978 and in the Senate on November 3, 1978. The Governor General gave his assent on November 13, and on November 17, 1978, the Minister of Justice brought the law into operation and designated that day as the date on which the Ombudsman Bill became Law. The Governor General as part of his official duties swore into office, Mr. Errington George Green, as Jamaica’s first Ombudsman.

The Office of the Parliamentary Ombudsman, which was the first to be formed, was for 12 years headed by Mr. Green, who completed his term in office in 1990. Mr. Justice James Kerr, who was appointed Political Ombudsman in 1988, assumed the responsibilities of the Parliamentary Ombudsman until 1998, when Mr. Howard Hamilton Q.C. was appointed as Ombudsman in both capacities.

By resolution in the House of Representatives on December 30,1982, and in the Senate on March 11, 1983, the Office of the Ombudsman for Public Utilities was constituted. It was the second Ombudsman Institution to be created in Jamaica. It exercised jurisdiction in relation to public utilities in Jamaica. Mr. Justice Churchill Raymond, the first Public Utilities Ombudsman, died in January 1989. His successor was Mr. Justice Owen Dustin Marsh who served until the office was abolished in April 2000 by the Public Defender (interim) Act (1999).

On October 1, 1988, Jamaica’s third Ombudsman Institution was created. The Office of the Ombudsman for Political Matters was constituted to ensure that the two major political parties adhered to the principles set out in the Agreement and Declaration on Political Matters. The Ombudsman was Mr. Justice James Kerr, who continued in office until 1998.

In 1999 the Public Defender Act was passed. It repealed the Ombudsman Act on April 16, 2000 which was the date it came into effect. The Office of the Public Defender, replaced all three offices of the Ombudsmen. Mr. Howard Hamilton Q.C., who was at the time serving as Parliamentary and Political Ombudsman, was appointed the first Public Defender of Jamaica on April 17, 2000.