That non-binding MOU on Prison Transfer, is it really non-binding ?

Lawyers will tell you that there is a difference between an agreement and a non-binding MOU. From what I have learned a agreement is enforceable in the court of law, while a non-binding MOU is not.

The minister has spoken about an agreement as well as a non-binding MOU and have used both interchangeably.

My search has shown my that a non-binding MOU actually becomes an Agreement , once there is the exchange of money as part of the MOU.

Now can a non binding MOU contain very specific terms of references, I am not sure and so would like a legal interpretation of the following

  1. The UK government is committing/agreeing to provide £25m toward the construction of the facility. This was the basis on which the MOU was drafted because we could not have funded the prison on our own. Bunting said we approached the UK and told them we would only agree with the transfer if the UK contributed to the funding of the prison.
  2. There is a specific date when the transfers would begin ie 2020
  3. There is a specific amount of prisoners who will be transferred beginning on that date.
  4. There is a specific amount of prisoner that will be transferred in total.
  5. There is a specific amount of money that the UK will provide to assist the GOJ of Jamaica for the rehabilitation of these prisoners
  6. There is a specific duration for which this specific amount of money will be provided.
  7. There is a specific activity for which this money is being provided.

Now can a lawyer tell me if they have ever seen an MOU with such level of specificity ?

Then tell us is this is a non-binding agreement.

Because we a told a agreement is non-binding does not make it non-binding and we have all seen how mendacious this administration has been even on stuff that one can easily research  and prove they they are lying.

Do we have a lawyer in the house, not a partisan lawyer, I mean a real lawyer 🙂

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