The Minister of Home Affairs, Ronald Gajraj, in introducing the Bill, said the increased spate of kidnappings necessitates the enactment of such a legislation to send a message to the criminals that such criminalities will not be tolerated.

He emphasized that while legislation is essential, that alone will not put an end to the current crime situation, pointing out the need for better training for the police and effective enforcement of the law.

Gajraj observed that the recent sharp increase in kidnappings has had severe negative economic and social consequences on the state of society, because it is discouraging investors and victims were being killed in some instances, even though ransoms were paid.

He stressed that the perpetrators of kidnappings are not marginalized or victimized but find that such crimes are remunerative and less risky.

One of the difficulties in curbing kidnappings, the minister said, is the reluctance on the part of the victims and their relatives to cooperate with the police because of a lack of confidence and trust in the security forces. Victims more often than not fear that they would suffer reprisals through the feedback of information to the criminals from police perceived to be working in collaboration with criminals.

The debate for the PNC/R was led by Mrs. Deborah Backer, who said that her party supports the Bill in principle, having agreed to several amendments to the original Bill. But she emphasized that the PNC/R is vehemently opposed to Clause 15, which was introduced by the government.

Clause 15 states: “Unless the contrary is proved to the satisfaction of a court, a person charged with an offence under section 9, 10 or 10A shall not be granted bail pending the final determination of any charge laid against him.”

Mrs. Backer contended that the clause violates the fundamental human right of pre-trial liberty and it could be used against people who are in mass protests and demonstrations.

Notwithstanding the PNC/R’s objection to Clause 15, Mrs. Backer concurred with Gajraj that the legislation is essential in light of the frequency and alarming rate of kidnappings and the trauma and terror they are causing society, in particular to the victims and their relatives.

Mrs. Backer’s concerns were echoed by other PPNC/R Members of Parliament, including Raphael Trotman, Winston Murray, and James McAllister.

She, however, commended the security forces for rescuing Mahaica businessman Viticharan Singh, who was kidnapped and taken to Buxton where he was found during a joint police/army operation.

Speakers from the government benches, including Bernard Dos Santos, Attorney General Doodnauth Singh, and Khemraj Ramjattan, explained that Clause 15 does not intend to curb the rights of individuals but because of the serious nature of the crime it seeks to make it more difficult for those accused of kidnapping to be granted bail. In addition, they said, the legislation has been patterned after similar legislations in India, Singapore and the Caribbean.