COMMERCIAL AFFAIRS

The Commercial Affairs Division is responsible for advising the Government of Jamaica on all matters commercial. Its functions include representing the Government in negotiations with national and multinational commercial institutions, particularly as it regards the areas of finance and taxation, and in negotiating international loan agreements (including those with the World Bank and foreign commercial banks) and bilateral agreements with foreign states. The work of this Division also involves advising on the issuing of Government paper, project financing (e.g. Highway 2000) as well as Public Private Partnerships and Privatization. The Division also reviews other commercial documents including Memoranda of Understanding (MOUs).

GENERAL LEGAL ADVICE

The General Legal Advice Division provides legal advice to all Ministries, Departments and Agencies (MDAs) of Government on a wide range of legal matters, including statutory interpretation, pension, employment, construction and negligence matters and provides advisory services to statutory functionaries mandated to hear statutory appeals. The GLA Division also deals with recurrent type matters include matters related to the waiver of Crown rights which arise when persons die intestate; the eligibility of dependents of deceased members of the police force to obtain pension or gratuity and reimbursement of legal fees to members of the Jamaica Constabulary Force who are acquitted of criminal charges arising from the carrying out of their duties, personal injury matters and motor vehicle accident matters involving ‘Government owned’ vehicles. Members of the Division also represent the Chambers on public sector boards and committees.

LITIGATION

The Litigation Division is the advocacy arm of the AGC and is therefore responsible for the conduct of all civil proceedings instituted against, and on behalf of, the Government of Jamaica. Matters including Judicial Review and Constitutional Redress are also dealt with in this Division. Attorneys assigned to the Litigation Division represent the Government before the Parish Courts, the Supreme Court, the Court of Appeal and the Judicial Committee of the Privy Council.

CONSTITUTIONAL AND LEGISLATIVE AFFAIRS

The Constitutional and Legislative Affairs Division is responsible for assisting the government in implementing its legislative agenda and ensuring that laws enacted are consistent with the Constitution of Jamaica. This includes vetting and commenting on Cabinet Submissions, Bills and draft Regulations and giving legal advice to Cabinet and generally, to the staff and members of Parliament on proposed legislation and matters relating to Parliamentary procedure. The Division is also primarily responsible for advising generally on matters relating to the Access to Information Act and representing the government on appeals before the Access to Information Appeal Tribunal. The Division gives advice to the responsible Minister on appeals made under the Town and Country Planning Act, the Local Improvements Act, the Beach Control Act and the Natural Resources Conservation Authority Act.

Attorneys in this Division also advise the Government of Jamaica on the constitutionality of proposed actions; on the Public Service Regulations, the Judicial Service Regulations and the Police Service Regulations; on matters relating to nationality, citizenship; and issues relating to law reform.

INTERNATIONAL AFFAIRS

The International Affairs Division provides legal advice to the Government of Jamaica on all matters involving international law, the negotiation and drafting of treaties and other international agreements and protocols, and in relation to the performance of Jamaica’s obligations under them. Attorneys in this Division represent Jamaica before such organizations as the United Nations and its specialised agencies, the Caribbean Community and Common Market, and other world organizations. The Division is also responsible for the preparation and monitoring of multilateral agreements, treaties and bilateral agreements with foreign states.

HUMAN RESOURCE MANAGEMENT AND ADMINISTRATION

The Human Resource Management and Administration Division provides human resource management and development as well as administrative and office management services to the department.

The ‘legal’ Divisions within the AGC require administrative support staff who facilitate and assist the work of the legal officers by providing services in the following areas: strategic planning; finance and budgeting; human resource management; information and communication technology; documentation and records management; library services; and the overall day-to-day affairs of the AGC.