211 / 494
210
together with the relevant cheque numbers (telephone numbers redacted). At
Appendix 9 is a copy of a document summarising and detailing the grants made
to vendors in Coronation Market. At Appendix 10 is a copy of the list of persons
to whom funeral grants were paid to the respective Funeral Homes. At Appendix
11 is a copy of information specific to dwellings totally destroyed. It is
noteworthy that the majority of these dwellings were in the area of #1 McKenzie
Drive. At Appendix 12 is a copy of the questionnaires (MoLSS Application for
Rehabilitation/Compassionate Emergency Relief) used by officers assigned by the
MoLSS.
FINDINGS
8.150.
We had no difficulty accepting the evidence of Permanent
Secretary, Mrs. Roberts-Risden. It was clear, concise and thoroughly
credible. Accordingly, we find that the payments made to residents of
West Kingston were not “compensation” properly so called as that
term is used, for example, in the law of torts and, in particular,
damages for loss and damage to property. The payments were
compassionate grants made to assist residents in achieving minimum
reparation for damage to their properties or re-establishing their
businesses in Coronation Market. The payments were contributions
rather than full compensation. They were made without consideration
of liability and were, therefore,
ex gratia
payments. Moreover, the
Government had capped amounts which residents would receive for
particular categories of damage. To that extent, the caps were not
intended to compensate fully.
8.151.
The MoLSS moved with commendable speed to carry out
the assessments of damage and to make the necessary payments. The
methodology and procedure adopted by the MoLSS were not unique.
They were within the normal remit of the MoLSS to assist persons who