...do we have a progressive consumer protection environment in The Bahamas

Consumer protection in The Bahamas

Consider This...

BY PHILIP C. GALANIS

An educated consumer is our best customer. – Sy Syms

In the 1980s, in an effort to educate TV viewers, clothier Sy Syms frequently reminded his audience that, “An educated consumer is our best customer.”  He was a pioneer in consumer education and empowerment and persons like consumer advocate Ralph Nader were also well known for protecting the average consumer.

This week, we would like to Consider This... do we have a progressive consumer protection environment in The Bahamas?

Consumer protection laws

Consumer protection is often provided by laws and organizations that are designed to ensure consumers’ rights and to foster fair trade competition and the free flow of truthful information in the marketplace.

Consumer protection laws are designed to prevent businesses from engaging in fraudulent or unfair practices that would enable them to gain an unfair advantage over competitors or to mislead consumers.  Governments often use consumer protection laws to regulate businesses from such practices or to protect the rights of consumers.  For example, the United Kingdom has several statutes to protect consumers in specific areas of consumer credit and contract terms.  The Australian Competition and Consumer Commission, along with individual state consumer affairs agencies, are responsible for consumer protection.  Germany has a federal Cabinet minister who is responsible for consumer rights and protection.  In India, the Consumer Protection Act of 1986 governs consumer protection.  The Bahamas Parliament passed a Consumer Protection Act of 2006 which is intended to provide consumers who are disadvantaged by exorbitant prices, substandard products and the unscrupulous practices of merchants and service providers with a forum to have their complaints addressed on a timely basis by a consumer protection commission.  The law requires merchants and service providers to be more accountable and ensures that in their dealings with consumers, value is exchanged for goods and services provided.

The Bahamian experience

Today there are many areas where consumer protection can be greatly enhanced in The Bahamas.  For example, in the area of commercial banking, we are familiar with the practice of some banks overcharging their customers for various “services” of which consumers are unaware until they are referred to the fine print in the bank mandates – a document that 99.9 percent of consumers fail to read or understand when opening bank accounts.  In some circumstances, when called out, commercial banks have had to reverse such charges.  Unless the vigilant consumer closely scrutinizes his bank statement, he could end up paying excessive charges that are neither substantiated nor justified.

Then there is the famous “float”.  Notwithstanding the introduction of an automatic check clearing system, it is commonplace for commercial banks to hastily withdraw funds from customers’ accounts, while simultaneously placing a “hold” on deposited funds for several days.  The consequence is that this practice puts the customer’s account into overdraft, resulting in bank charges of as much as $25 for having “insufficient funds” on the account because the deposited funds were still “on hold”.  Unfortunately there is absolutely no one to whom the consumer can turn for relief from this practice, not even the Central Bank.

Then there are well-known cases where many consumers have experienced enormous encounters with essential service providers, especially in the areas of telephony and electricity.  Since our telephone company, BaTelCo, was “given away” by an incompetent government on the ill-conceived advice of equally incompetent advisors, the delivery of quality service by that public corporation has drastically deteriorated.  Prior to that ill-fated sale of one of our most precious national assets, BaTelCo was managed by Bahamians and, while there were intermittent complaints about the delivery of quality of service, the experience of the “new and unimproved” BTC is now nothing short of cataclysmic.  It is virtually impossible to complete a cellular call without that call dropping off the network.  And never before in the history of telephony in The Bahamas have landline consumers experienced such difficulty in placing simple local calls or obtaining timely service when experiencing problems.  To whom can the consumer turn for protection?  The theoretical answer is URCA, but the practical answer is “not a soul”.  There is no penalty, no protection and no compensation.

In the past two years, in the wake of the historically worst-managed capital project in the life of our Commonwealth, namely the New Providence Road Improvement Project, we have repeatedly experienced electrical blackouts, ostensibly from road workers who accidently and inadvertently cut power lines while trenching our roads.  This has resulted in thousands of man-hours in lost productivity in a myriad of businesses and incalculable inconvenience to individuals and households.  From whom can consumers so affected seek redress for the lost hours of work, the damage to appliances and the general disruption of life resulting from such “accidents”?  In truth and in fact, the answer is “no one”.  There is no consumer protection.

Cable TV and Internet service might not quite qualify as essential services, although some might argue to the contrary, but we are all familiar with the repeated disruptions that many consumers experience from Cable Bahamas.  Again, it is very difficult to expect any real satisfaction for such disruptions from the agency that is supposed to protect consumers from abuses by the cable company. URCA, which does little to compensate consumers from telephone company abuses, performs an equally deplorable job in protecting cable TV and Internet consumers from poor service.

Then we have regulated products such as food and fuel.  There are certain foods that are price-controlled at our food stores.  The real question that an educated consumer should ask is whether the Price Control Commission methodically monitors foods that are subjected to price control.  It is extremely rare that we hear of food stores being sanctioned for pricing breaches by the Price Control Commission.  Is this because the food stores are virtually compliant or have they been able to circumvent the price control regime?  It is not an exceptional experience for consumers to observe vastly different prices on various food items.  Is this also the case with respect to price-controlled items?

The price of fuel is also regulated and importers and end-service providers are allowed to earn pre-determined margins.  Who monitors the pricing behavior of service providers to ensure that the consumer is not being gouged at the fuel pump?  We do not frequently, if ever, hear of any violations of the established margins by fuel merchants or of any penalties imposed for attendant breaches.

Finally, the Bahamian consumer needs protection relative to local food production and distribution.  In the absence of any sanitary and phytosanitary standards relative to the production of food, plants and vegetables, the all-important question of food safety will remain elusive at best and questionable at worst.  One of the benefits of the country’s accession to the World Trade Organization (WTO) is that such standards must be established.  However, until those standards relative to food, plant and vegetable production, harvesting and distribution are implemented and enforced, consumers will never know just how safe the food is that they are consuming.

Conclusion

It is vitally important for all Bahamians to be educated and vigilant about our rights as consumers and to whom we can turn for abuses or violations to be redressed.  Until we become educated consumers, we will not be good customers.  Instead, we will indeterminately wander and wallow in the quagmire of ignorance and abuse.  We must no longer put up with things we should not even tolerate for a moment. We must become empowered to not only stop those abuses for ourselves but end them for each and every Bahamian consumer.

 

• Philip C. Galanis is the managing partner of HLB Galanis & Co., Chartered Accountants, Forensic & Litigation Support Services.  He served 15 years in Parliament.  Please send your comments to: pgalanis@gmail.com

April 15, 2013

thenassauguardian

The Coalition to Save Clifton (CSC) has called on the government to reject any application by Peter Nygard for a grant or lease of Crown land in the Clifton Bay area

Call For Rejection Of Applications By Nygard

By PACO NUNEZ

Tribune News Editor

 

THE original crusaders for the preservation of Clifton have called on the government to reject any application by Peter Nygard for a grant or lease of Crown land in the area.

Asserting its independence from newly launched groups said to be supporting either Mr Nygard or his rival Louis Bacon, the Coalition to Save Clifton (CSC), which fought successfully to save the area from private development by foreigners between 1998 and 2002, called for the sea park promised by Prime Minister Perry Christie to become a reality.

Coalition president Rev CB Moss, who led the group since its inception, focused particularly on “newly created land” resulting from alterations of the coastline at Simms Point.

He claimed work was undertaken there without permits, and believes Mr Nygard has now applied to officially take ownership of the new land.

“The Coalition has written the prime minister informing him of its very strong opposition to any such approval, and requested a meeting at the earliest opportunity,” Rev Moss said yesterday.

The CSC supported its claims with a signed 2010 letter in which a top Ministry of the Environment official asserted that Simms Point has “expanded significantly” over several years.

The letter rejected an application for a lease for this new land by Mr Nygard’s lawyer, declared that no future applications for construction on the accreted land would be granted and asked Mr Nygard to restore the original coastline.

Yesterday, Rev Moss said the CSC is calling on the government to immediately implement the following:

• Officially reject the application from Mr Peter Nygard for a grant, lease, or any other form of occupancy of the created land

• Have the affected area (land and sea bed) restored to its former state

• Establish the promised sea park

He said: “As Prime Minister Christie is repeatedly on public record saying that his government puts Bahamians first, there is little reason to doubt that he will accede to the Coalition’s request and reject this application – rejection which is clearly in the very best interest of the Bahamian people.

Rev Moss noted that for the past several weeks, there has been a great deal of media coverage concerning the Clifton Heritage National Park and the degradation of the bay surrounding Clifton point, where the park is located.

“The saga of Clifton burst upon the national news scene 14 years ago when a foreign developer proposed to build an upscale gated residential community on the Clifton site, to be called Clifton Cay,” he said.

“As the Clifton land was settled by three separate civilizations – the Lucayans, the Loyalists and the African slaves, the site was considered priceless to Bahamians.”

It was at this point that the CSC was formed for the purpose of fighting any attempt to develop the site.

“Following four years of a very brutal battle the coalition, with the help of a number of persons both local and international, was successful in stopping the proposed development,” Rev Moss said.

It was first proposed by the coalition that Clifton point and the surrounding bay be transformed into a national land and sea park.  This recommendation was accepted by the new government and in 2004, the land park was formally established by an Act of Parliament under a statutory body known as the Clifton Heritage Authority.

“While this was a great first step, the fight for Clifton cannot be considered over until the sea park is established,” he said.

Rev Moss said the coalition recently became aware that the viability of the sea park was threatened by several factors, the most urgent being land and marine works being undertaken in the area.

He claimed the work has created a serious environmental and ecological problem around the proposed sea park area.

According to Rev Moss, these facts were revealed by the newly created Coalition to Protect Clifton Bay (CPCB).  Thanking this group for its work, he nevertheless added: “Here let me clearly state that despite the similarity in names, the newly formed organisation has no affiliation with our coalition.”

For its part, the CPCB warned the Prime Minister that it will launch Judicial Review proceedings in the Supreme Court if the government fails to respond by today to its concerns over construction activity at Nygard Cay, its attorney warning: “The rule of law is at stake.”

Fred Smith, QC, the Callenders & Co attorney and partner, said Mr Christie has until 4pm to state what he was doing about construction activity.

Meanwhile, Keod Smith, an early member of the CSC, along with other newly formed groups Re-Negotiate.Org and Saving Clifton, lashed out at board members of the Clifton Heritage Foundation, claiming they are involved in the CPCB.

They also accused the board members of petitioning the government through the CPCB to reject any applications by Mr Nygard, and claimed Louis Bacon is involved in the group.

Representatives of Mr Nygard did not respond to requests for comment before press time last night.

In August 2010, responding to the Ministry of the Environment’s communications, an unsigned letter attributed to Mr Nygard asserted that all structures in the Simms Point/Nygard Cay area “were built exactly where they were placed with a clear understanding by all parties concerned at the time.”

Nevertheless, the letter agreed to remove all structures that encroached on accreted land without approval.

“With regards to the reinstatement of the coastline, I will put forth for your consideration the fact that it would be more environmentally friendly to leave the shoreline as is and let nature take its course.  As you can see from the pictures, the beach has naturally shifted over the 20 years from north to south side,” the letter said.

April 11, 2013

Tribune 242

Majority Rule Day ...and Randol Fawkes Labour Day

Majority Rule To Become National Holiday- Labour Day named in Sir Randol’s honour

By Korvell Pyfrom
The Bahama Journal

The Christie administration has introduced legislation aimed at making Majority Rule a national holiday and renaming Labour Day in honour of the late Sir Randol Fawkes.

In the House of Assembly Wednesday, Prime Minister Perry Christie said that Majority Rule is in a class by itself and it outshines its competitors for the most singular place of honour in Bahamian history.

“Majority Rule belongs to all of us,” Mr. Christie said.

“It belongs to all Bahamians, not just black Bahamians and certainly not just to PLPs.  It is perhaps understandable that in the years following 1967 there was a tendency by the PLP, both as the government and as a party, to claim exclusive proprietorship of Majority Rule and of January 10.  In the context of the times that was understandable and there really is no need to apologise for it.”

Majority Rule was established on January 10, 1967.  It followed the victory of the Progressive Liberal Party (PLP) in that year’s General Elections ushering in a Bahamian government.

“The Bill that is before us now will give effect to what has long been the prayerful aspiration of many people in our society that the attainment of Majority Rule be accorded a special place of commemoration in the national calendar, and that each year we pause, in context of a national holiday, to give thanksgiving for the heroic struggles of those fearless men and women who from one generation the next carried, and then handed off, the baton of freedom until the relay was won on that glorious night 46-years ago.”

Labour Minister Shane Gibson also introduced a Bill aimed at renaming Labour Day in honour of the man considered the Father of the Labour Movement in The Bahamas, Sir Randol Fawkes.

“The award if this singular distinction on this outstanding pioneer in the trade union movement is not only deserving but most fitting because it comes at a time when we are about to celebrate 40-years of Independence in the Commonwealth of The Bahamas, 51-years after the first official Labour Day was celebrated in The Bahamas, and 71-years after the Riot of Burma Road,” Mr. Gibson said.

Both Bills are expected to receive unanimous support.

April 11, 2013

Jones Bahamas

...the relationship between The Bahamas’ first Prime Minister, Lynden Oscar Pindling and notorious swindler Robert Vesco

Wikileaks: Revealed - Secret Cables That Uncovered Concerns Over Pindling Link To Notorious Swindler

 
By PACO NUNEZ

Tribune News Editor



AS BAHAMIANS basked in the optimistic aura of newly-won independence, US diplomats were already showing concern about a number of worrying trends developing in the fledgling island nation.

Prominent among these, according to a new round of embassy cables released by Wikileaks, were the relationship between the country’s first Prime Minister and notorious swindler Robert Vesco, as well as claims that early PLP leaders propped up local businessmen as fronts for their own interests.

In 1973, the man Slate.com labelled “the undisputed king of the fugitive financiers,” was wanted in the United States on a number of fraud allegations and was implicated, as part of the Watergate scandal, of funnelling money to disgraced US president Richard Nixon in a bid to evade justice.

Of particular interest to US Embassy staff was a Miami Herald story on August 5, 1973, linking Vesco’s firms in the Bahamas with the purchase of a $450,000 home by Prime Minister Pindling.

According to one cable, the deal involved the sale of Pindling’s previous home and an office “at inflated prices” to firms controlled by a well-known local businessman closely connected to the PLP.

The businessman, according to embassy staff, had risen in a matter of months “from a nobody to owner of several local firms.”

All of the businessman’s acquisitions were financed through Vesco’s Commonwealth Bank, the cable noted.

“According to unconfirmed reports,” the document said, the businessman “was actually fronting for Pindling and other politicians when he bought several businesses.”

The cable added: “Figuring prominently in the sale of Pindling’s home and office building is Colombus Trust and Co, Ltd, a Vesco-controlled company.”

Another cable noted that in replying to questions posed by FNM MP Cleophas Adderley, Pindling said Vesco’s business activities are being conducted “within the confines of the law.”

“Mr Pindling made no comment on whether he thought these activities were detrimental to the country’s reputation. Questions about possible conflict of interest by the PM or his ministers were not answered.

When the subject of the possible extradition of Vesco was raised with Pindling at a press conference in July, another cable notes, “the Prime Minister replied that extradition was a judicial and not a political matter, and that Vesco was being treated as an investor until such time as he was thought otherwise.

“Mr Pindling said he knew Vesco socially. He said Vesco was . . . merely one of a long string of US investors active here. ‘I have no reason to view him in a separate light.’ Unquote.”

Other cables described a Bahamas working its way to independence as already beset by problems resulting from questionable banking practices.

One April cable, entitled: “Banking and corporate activities in the Bahamas damaging to US interests” said the United States is facing a series of “separate but related problems involving the use of Bahamian banks and corporations for illegal and/or questionable activities which are damaging to American interests”.

It mentions banks engaged in “questionable financing or in some cases clearly illegal activities.”

The cable said: “In most cases the persons involved have been Americans. Although the banks’ precarious financial condition has become evident, GOBI (Bahamas government) banking authorities have failed to move in good time to conserve assets because of political payoffs.”

“The second problem is the use of Bahamian banks and shell corporations for illegal stock manipulation and as a means of avoiding US and other stock regulations.

“The most notable example of this is Robert Vesco’s activities and that of IOS before him. Bahamian monetary authorities have declined to cooperate with the SEC and complained that its efforts to conserve the assets of Vesco’s firm constitute interference in Bahamian internal affairs. Again, there is evidence of local political payoffs.”

In an ominous preview of the damaging allegations that would come nearly a decade later, when the Bahamas was accused of being “a nation for sale” to South American drug lords, the cable noted that “one probe of the bank secrecy problem relates to reports the consulate general has received from IRS agents that narcotics traffickers in the US are depositing their profits in Bahamian accounts. Efforts to investigate this have been thwarted by local bank secrecy laws.”

The cable concludes: “Taken together, the problems outlined above are sufficiently damaging to a variety of American interests that the Consulate General believes they merit a systematic study by interested Washington agencies to see what measures may be available to us to protect these interests. It is proposed that a working group be formed by State, Justice, Treasury and the SEC and/or representatives of the Organised Crime Task Force to look into this matter.”

April 09, 2013

Tribune 242

Caribbean Blog International

Rodney Moncur’s Army of One

A misguided crusade

What war is Rodney Moncur’s army of one fighting?

BY JUAN McCARTNEY
Guardian Broadcast Editor
juan@nasguard.com

Last week, three people died in a horrifying accident on Mayaguana, Bahamas Electricity Corporation workers tussled with police, armed hooligans invaded homes practically unchecked and we learned that the country’s gross domestic product didn’t grow as much as was forecasted last year.

But don’t let any of that, or growing allegations of police brutality, distract you from the carnival-barking sideshow brought to you courtesy of Rodney Moncur over the past several days.

As major developments unfolded throughout the country, Moncur became the cause de jour for many Bahamians on social media after he was charged with committing an indecent act for posting photos of Jamie Smith’s dead body on his Facebook page.

Smith was one of two men who died in police custody within hours of each other at separate locations on New Providence in February.

Moncur’s Facebook page is fashioned somewhat like a news blog.

Despite the fact that it is replete with inaccurate information, many Bahamians swallow it hook, line and sinker and spread his posts as genuine articles.

Moncur perhaps tested the patience of police when a photo of him standing next to Smith’s corpse as it lay on a preparation table at a local mortuary was published on his Facebook page several weeks ago.

However, over the holiday weekend, another photo of Smith’s corpse appeared on Moncur’s Facebook page.

This one, that showed Smith vivisection and other autopsy scars as his tongue lolled inside his open jaw, was particularly disturbing.

Smith’s family members, who have denied Moncur’s assertion that he is related to them, asked Moncur to take the pictures down.

He did not.

That picture, and another that showed the bruised buttocks of another man who claimed police beat him, apparently ticked off the police enough for them to arrest Moncur.

After his release that same day, Moncur wrote about it in great detail on his Facebook page.

He was arrested again and charged days later.

Other than once again directing attention to himself, it is unclear what Moncur was attempting to do by posting pictures of Smith’s body, as the Coroner’s Court is scheduled to hear the matter this month.

Moncur’s arraignment, his failure to make bail on Thursday and his posting bail on Friday, all made headline news.

Not so much because anything Moncur did was particularly noble, but because his shenanigans often generate public discourse, and a lot of it.

That Moncur, who subscribes to no journalistic standard, would use pictures of a dead man against the wishes of his family to aggrandize himself should come as no surprise.

This is the man who claims that women who use birth control are not true Christians.  This is the man who describes himself as the ‘secret leader’ of Haitians in The Bahamas (whatever that means).

This is the man who listed eight fruit trees and a dictionary as assets on his declaration form when he was a candidate in the 2012 general election.

And his bizarre behavior has been consistent only in the frequency with which he has changed positions since the Pindling era.

What surprised me was that the police would waste their time charging Moncur.

And it was equally surprising to see how enthralled people became with his ordeal.

More than 3,000 people followed the Facebook page ‘Free Rodney Moncur’, with some misguided folks comparing him to Nelson Mandela.

Many told me that Moncur’s arrest represents some bold power grab on the part of Police Commissioner Ellison Greenslade in his master plan to abolish our freedom of expression.

I’m unconvinced.

However, Greenslade himself didn’t help matters by speaking about how important it was to make sure people don’t abuse their social media privileges.

And with the number of armed robberies and home invasions on the rise here in New Providence, many also rightly questioned the Police Force’s priorities.

Moncur has promised not to relent in the face of the charge.

Knowing him, this certainly won’t be the last we hear from him on this and many other issues.

April 08, 2013

thenassauguardian

The Coalition to Protect Clifton Bay Debates the Issues surrounding the Clifton Heritage Site

Clifton Coalition Debate Issues

Tribune242



MEMBERS of the newly formed Coalition to Protect Clifton Bay took to the airwaves to share their agenda and clarify some of the “thorny issues” surrounding the heritage site.

 

They described the threats to Clifton Bay as “extraordinarily catastrophic” and emphasised that the passage of an Environmental Protection and Freedom of Information Act were essential to protecting the marine heritage of the area, and the Bahamas as a whole.

 

The two Bahamian attorneys, Fred Smith and Romauld Ferreira, are both noted for their strong contributions to environmental consultation and advocacy – Mr Smith for more than 35 years and Mr Ferreira for more than 20.

 

Mr Smith’s environmental work includes the formation of environmental lobbies on several islands, including the Grand Bahama, Bimini, Abaco.

 

He also mounted ground-breaking litigation on environmental issues, in particular “Save Guana Cay”, starting at the Supreme Court all the way to the Privy Council on behalf of grass roots organisations.

 

In the most recent battle, Abaco Cares and Responsible Development For Abaco stopped the use of the toxic Bunker C fuel at the new Wilson City power plant erected by Bahamas Electricity Corporation in Abaco.

 

Mr Ferreira, who is an ecologist as well, has been heavily involved with environmental research and the preparation of environmental impact assessments.

 

Speaking on a Love97 FM radio show, Mr Smith called for unity among Bahamians and, as a political priority for the Coalition, the passage of environmental legislation.

 

“The environment has been a priority item both for the FNM and the PLP in their election manifestos. It’s time to push for an Environmental Protection Act. It is one of the priorities of the Coalition. A second priority is to push for the establishment of a marine park,” Smith said.

“The Coalition will promote positive steps towards marrying the land and sea in one park which can be enjoyed for future generations by so many Bahamians who live in New Providence and, of course, the millions of guests that come to visit us.”

 

The Freeport attorney went on to explain the unique natural resources that are to be found in Clifton Bay and its environs.

 

“At the start of Clifton Bay is what Stuart Cove, one of our members, described as a seven-mile reef. It’s one of the most beautiful barrier reefs that the Bahamas has and the Coalition is devoted to saving that reef and other areas of Clifton Bay for the many opportunities they present for eco-tourism.”

 

As expected from recent media articles on the subject, the issue of Nygard Cay/Simms Point came to the fore.

 

“There is also the issue of the Nygard Cay/Simms Point area, which I know has been very controversial of late,” Smith said.

 

He noted that there have been claims of reclamation of land without permits.

 

Mr Smith admitted that he is not sure whether or not permits exist, but said either way, there are concerns that the structures recently built in the area may affect the seabed and the flow of sand into the rest of Clifton Bay.

 

He added: “Importantly, the Coalition is also promoting a Freedom of Information Act. Throughout the civilised world… a FOI goes hand-in-hand with environmental protection. The one without the other often disadvantages any grass-roots organisations or environmental NGOs that wish to take issue with development or the programmes that are potentially negatively affecting the environment.”

 

Smith also identified oil spills in Clifton Bay and on Clifton Cay as an area of great concern for the Coalition.

“Of particular importance to many who run the Coalition is the oil situation. I myself have dived there a few times recently and the oil leakage through the ground directly into the water at Clifton Bay is extraordinarily catastrophic. I just don’t know how Nassauvians have put with the extent of the oil pollution. It’s everywhere. It’s floating on the top of the sea.

 

“There are the brown particulates that are used to try to soak it up. There are soap and suds everywhere. It’s an eyesore, as well as a hazardous toxic waste situation and this, of course, is also happening in Freeport.”

 

Show host Wendell Jones challenged the Coalition’s focus on Clifton Bay.

 

“I hear you emphasising Clifton, but… there have been many other areas of the Bahamas other than Clifton that have been disturbed, but your committee really is focusing on Clifton Bay,” he said.

 

But Mr Ferreira called the area “a microcosm of the unique environments” of the Bahamas and the developmental pressures weighing on them.

 

“Clifton Bay is very special because it has all of the unique ecosystems that make the Bahamas. It has diverse development and use challenges.

 

“So, at Clifton, you not only have the 7-mile reef; on the other side you have the Tongue of the Ocean, you have the recreational tourism activities, you have industrial activities, you have residential homes, you have the historic site.

 

“Then you have the development pressure that’s being applied against a backdrop of little or no regulations. And so, here you have a microcosm of what challenges the entire country.

 

“Because, if we are successful in dealing with the issues at Clifton Bay it has very helpful ramifications and wider implications which are tremendous for the rest of the Bahamas.”

 

April 05, 2013

 

Tribune 242

 

Caribbean Blog International

 

Perry Christie’s lack of transparency on certain issues is as murky and as dense as an oil slick... ...When did he become a consultant to Bahamas Petroleum Company (BPC)? ...How much was he paid? ...How often did they consult with him?

Perry Christie’s oil slick

Front Porch

BY SIMON

Referring to their twin island-nation’s oil wealth, some Trinidadians and Tobagonians liked to brag, “oil don’t spoil”.  It may not spoil in the ground.  But the potential to spoil rotten, some politicians, public officials and others is legend.

Speaking ahead of the gambling referendum in January, Bahamas Faith Ministries International President Dr. Myles Munroe sounded this dire warning: “Any government pressured by a small lobby group such as the gaming bosses will inevitably produce corruption.  And if this referendum goes through we will never have a pure government again.”

Bahamaislandsinfo.com further reported: “He [Dr. Munroe] also stated that the motivation of the referendum of the governing authority seems to be the surrender to the powers with money.  In other words he said that the government cannot rightly govern because they will owe allegiance to the few and not to the citizenry or the people of The Bahamas.”

The pastor’s warning is noteworthy.  The nature and role of leadership have been central themes of Dr. Munroe’s ministry.  The quality of leadership at various levels of society will be pivotal in the debate on oil exploration.

For its part, the Bahamas Christian Council has gotten off to a poor start.  The council’s economic committee chairman Rev. Patrick Paul specified the type of arrangement he thought best to distribute the proceeds of oil wealth, calling a supposed arrangement “categorically unjust, injurious and unfair to the democracy of our nation”.

God bless Paul.  But, he seems like a potential groom planning for a joint bank account and mortgage with a woman whom he hasn’t even asked to marry him.  The reverend has gotten things in the wrong order.

A prior question is whether there should be drilling in the first place, which is what then Opposition Leader Perry Christie solemnly promised the Bahamian people his government would ask in a referendum.  He has spectacularly reneged on his promise.

Calculated flip-flop

Christie’s latest calculated flip-flop clarifies the quality of political leadership the country needs in considering oil exploration.  Good governance and good leadership on this issue will require leaders of great prudence and profound judgement.

Christie has exhibited a stunning lack of prudence and extremely poor judgement on the matter of oil exploration.  With the disclosure of his work for Bahamas Petroleum Company (BPC), Christie, seemingly caught off guard, listed some of his duties as a consultant for the company.

“If there is an issue they need advice on, whether or not they need someone to speak to the issue of environmental impact [studies], the issue of whether or not in my judgment a matter is worthy for the government to approve, whether or not an application is ready, whether or not they should employ and who go on the board of directors, whatever views they ask of the firm regards it as necessary, they would consult me on it.  Those are the services I provide,” he said.

This is more than the work of an attorney.  His duties appear political and operational.  He would be considered a lobbyist in some jurisdictions.  Further, what did he mean by, “whether or not in my judgment a matter is worthy for the government to approve”?

If there are clear guidelines, it is not up to anyone’s judgment, including Christie’s, as to whether a matter “is worthy for the government to approve”.  Such murkiness is worrisome in what should be a highly regulated field.  Is Christie also following this approach as prime minister?

During last year’s general election campaign, former Prime Minister Hubert Ingraham noted: “When Mr. Christie agreed to become a consultant for the company [BPC] it would have been with the full knowledge and intention of using his position, past and present, and his access to government agencies, whether as government or as former government, to influence a decision by the Bahamian government with respect to any application by that company.”

Stringent guidelines

In quite a number of democracies there are stringent guidelines to limit the revolving door and conflicts of interest of politicians and public officials moving in and out of government, potentially using their public positions to benefit private clients.  One key measure includes a waiting period before one can work as a consultant or lobbyist for various clients.

Christie’s revolving door seems like a turbocharged merry-go-round: Between 2002 and 2007, his government issued certain licences to BPC.  Out of office he became a consultant to BPC.  Now back in office, his government has issued an exploration license to BPC, while delaying his promise to hold a referendum on oil drilling.

Christie’s lack of transparency on certain issues is as murky and as dense as an oil slick.  When did he become a consultant to BPC?  How much was he paid?  How often did they consult with him?

In addition to the prime minister, neither Deputy Prime Minister Philip Davis, whose law firm represented BPC, nor Senator Jerome Gomez have been transparent or forthcoming with their compensation terms and arrangements with BPC.

By his own admission, Christie was a general consultant to a corporation wanting to drill for oil in The Bahamas while he was in Parliament, while he held the position of leader of the opposition, and while he fully expected to again become prime minister.

Further, did Christie express that he expected to be paid handsomely for his advice?  And, how handsomely was he paid.  The Bahamian people have a need to know?

Essentially, Christie advised his clients on how to go about achieving their ultimate objective – which is to drill for oil in The Bahamas.  And it was not just legal advice, it was advice on environmental issues, preparation for government approval, who to employ, who to put on the board of directors, and a catchall “whatever views they ask of the firm”.

In light of all of this, we are expected to believe that the prime minister has an open mind on whether or not there should be oil drilling in The Bahamas?

Christie’s clients were not some ordinary citizens requiring legal counsel who may have had sometime in the future a matter before the government of The Bahamas.  These were a corporation whose sole purpose for being in the country is to drill for oil.  Even if he did not become prime minister, as leader of the opposition, Christie knew that at some point he would have to address this issue in Parliament.

Christie himself must have recognized the position he was in when he and his government decided not to proceed with the promised referendum but to give the company the right to drill anyway.

Why on such a momentous national issue and stunning flip-flop did he not make the statement himself but left it to his minister for the environment?  Christie continues to abuse our trust.  And, he is more interested in putting the needs of foreigners first, instead of the Bahamian people.

By his own actions and admission, the prime minister has demonstrated that he and his government cannot be trusted on the momentous question of oil drilling.  His revolving door and flip-flopping constitute an oil slick that grows bigger and continues to spread.

• frontporchguardian@gmail.com, www.bahamapundit.com

April 04, 2013

thenassauguardian

Rodney Moncur arrested... ...released...

Rodney Moncur Tells Of Arrest

 

By KHRISNA VIRGIL
Tribune Staff Reporter
kvirgil@tribunemedia.net




RODNEY Moncur, human rights activist, says he is relieved to have not been a victim of police brutality – which he believes is common – after his arrest over the weekend.

Speaking with The Tribune yesterday, the former DNA hopeful said he was terrified of his well being after a senior Cyber Intelligence Unit officer took him into custody from his office at Market Street on Saturday morning.

According to Mr Moncur, authorities authorised his arrest after autopsy photographs of Jamie Smith, a man who died in police custody last month, and the buttocks of another man who claimed to have been beaten by police were posted on his Facebook page. The photos have since been removed, although Mr Moncur claimed to have no knowledge of how they were taken down.

Mr Moncur added that police accused him of “terrorising the nation and libelling the Royal Bahamas Police Force.” Police also believe that he broke into the Princess Margaret Hospital’s morgue sometime this month to take the pictures, Mr Moncur said.

“Every time that I was left alone in that room,” Mr Moncur said, “I prayed because just prior to him taking me in custody I was able to alert friends and colleagues that I was being taken.

“They held me for five hours and I did not eat. They offered me food and water but I did not take it because I was scared they would poison me.

“But I believe that somebody is being wicked. I wholelheartedly deny breaking into the morgue and I am too old to be breaking into PMH.”

Mr Mocur told The Tribune that had Police Commissioner Ellison Greenslade asked him to remove the photos he would have. He insisted that his arrest was unwarranted.

When contacted, Assistant Commissioner of Police Leon Bethel, said he was not able to speak on the matter after being posted at the CARIFTA games all weekend.

April 02, 2013

Tribune 242

Caribbean Blog International

Philip Dunkley: ...The Lyford Cay Property Association is "likely" to become a member of the Coalition to Protect Clifton Bay - (CPCB) ... ... As the government appears "inclined" to grant Peter Nygard a lease of accreted land surrounding his property at Nygard Cay ... ...Clifton Cay could be affected

Lyford Cay ‘likely’ to support coalition

JEFFREY TODD
Guardian Business Editor
jeffrey@nasguard.com

The Lyford Cay Property Association is "likely" to become a member of the Coalition to Protect Clifton Bay (CPCB).

As exclusively revealed by Guardian Business in February, the association announced that the government appears "inclined" to grant Peter Nygard a lease of accreted land surrounding his property at Nygard Cay. It now seems that members of the community have taken their opposition to the next level.

"I think it is likely we will become a member. The environmental issues effect Clifton and our community," said Philip Dunkley, head of Lyford Cay Property Association.

"We have looked at everything they have put together. It seems like something we should support."

Support for the coalition is also forming in other property circles.

Franon Wilson, president of the Bahamas Real Estate Association (BREA), said he did not wish to comment specifically on Nygard's case.

However, speaking in general terms, anyone that expands property beyond what was legitimately paid for should be kept in check by both the private and public sector.

"The bottom line is people should go out and inspect. If you go past a certain point and expand beyond your bounders, then that has implications," Wilson told Guardian Business. "There are things you can and can't do. And that is one of the things you can't do."

Back in February, a letter to members of the Lyford Cay Property Association stated that the government “may be inclined to accede to Mr Nygard's application” in the near future.

It went on to note that government indicated it would become more vigilant to prevent any future reclamation of lands.

The issue has been in and out of the courts in recent years.

According to a statement of claim filed in the Supreme Court on April 6, 2011, Tex Turnquest, then director of the Department of Lands and Surveys, informed Nygard that the government expected him to reinstate the coastline of the property to its condition at the time of the 1984 deed, when he first purchased the western tip of Lyford Cay.

Nygard's attorneys have argued, however, that additional land formed as a result of the gradual and imperceptible deposit of materials from the ocean onto land.

The fashion mogul sought a declaration that the lands have become part of the freehold property.

Recent statements by the Lyford Cay Property Association could indicate that the issue is swinging in Nygard's favor.

The coalition, however, appears ready for a fight.

"You can be sure the coalition will be active," Dunkley added.

Fred Smith, a top attorney with Callenders & Co, has joined forces with the coalition for legal support. The alliance could indicate that the coalition is prepared to fight any ruling on the property.

Dunkley pointed out that the Nygard issue is not the only problem for Clifton Bay. The Bahamas Electricity Corporation has long been criticized for poor environmental standards at one of its main power plants in the area.

From the air, a sheen of oil can reportedly be seen on most days along the coast and heading out to sea.

In a recent trip to The Bahamas, Robert F. Kennedy Jr. threw his support behind the coalition as it relates to the pollution coming out of Clifton Pier and its destruction to the reef system.

March 29, 2013

thenassauguardian

Caribbean Blog International

The Bahamas is in critical and dire need of an Environmental Protection Act

Bahamas In 'Critical And Dire' Need Of Environmental Protection Act

BY FREDERICK R. M. SMITH, Q.C.


THE Bahamas is in critical and dire need of an Environmental Protection Act. This legislation has been promised in the past by both the FNM and PLP governments.

As The Bahamas broadens its industrial investment profile; encourages large scale urban development; promotes all inclusive anchor projects by Bahamians and foreigners and continues its growth and development, it becomes more and more urgent for an independent regulatory body with teeth, to protect our often pristine, and always fragile environment.

The Bahamas, as a Small Island Nation, must make protecting the environment a priority. It is also important that stakeholders and interested parties who may be affected by industrial and/or other urban developments have an opportunity to be properly consulted. This has been repeatedly affirmed by our Supreme Court, Court of Appeal and Privy Council in the Guana Cay and Abaco Wilson City Power Plant litigation.

The BEST Commission has been established for years but it is not a statutory body and needs to be institutionally created by legislation to make it effective and relevant.

There is limited space for growth and development throughout our archipelago of islands and best environmental practices also need to be observed in crowded islands such as New Providence where industrial and urban growth is booming.

The Planning and Subdivision Act was a great step in providing an opportunity for stakeholders to be consulted and participate in developments before they occur and the requirement for environmental impact assessments in that legislation is to be commended.

However, without a corresponding Environmental Protection Act and the establishment of a statutory process for the conduct of EIA’s, it will create confusion and litigation; more importantly expectations all around will be disappointed.

Further, the need to implement a health and safety committee under the Health and Safety at Work Act is important to protect the public and workers’ rights, in particular at industrial plants.

This inevitably leads us to the issue of Freeport being the “Industrial Capital” of The Bahamas.

The need for environmental, health and safety at work legislation, with teeth, is even more important as thousands of Bahamian workers and upwards of 60,000 Bahamian residents, are exposed to industrial hazards, toxic wastes and other environmental dangers moreso than in the rest of the Bahamas.

As there may be oil exploration in the Northern Bahama Banks, the Grand Bahama Shipyard grows, Burmah Oil (eastern GB), Borco and Focol expand, other hydrocarbon related industrial facilities are born and developed in Freeport, and urban growth continues, the need for regulating, policing and enforcing environmental protection is acute and critical.

Given the existence of the Hawksbill Creek Agreement there is an issue as to whether Central Government and/or the Grand Bahama Port Authority has jurisdiction over environmental and developmental matters in Freeport and/or whether each of them may in different ways share jurisdiction, which may in addition be overlapping.

I commend the Minister of Transport and Aviation, Mrs. Glenys Hanna-Martin for her commitment to a fearless and transparent investigation into the recent and repeating oil spills in Freeport. The recent oil spills highlight need for environmental legislation.

In addition, I urge Minister Shane Gibson, Minister of Labour and National Insurance, to continue his efforts in developing the Regulations and then to appoint a Health and Safety Committee under the Health and Safety at Work Act in Freeport to protect workers.

Such legislation would ensure that those responsible for any damage to the environment and for any injuries to workers and the public would be held financially accountable and could be made to clean up any damage subject to fines and/or penalties of a criminal nature.

Make no mistake about this, damage to the environment is a crime against nature. We are only hurting ourselves if we ignore it!

The Grand Bahama Port Authority is responsible under Clause 13 of the 1965 amendment of the Hawksbill Creek Agreement to protect the environment and health and safety of workers and residents in Freeport.

Some years ago a very comprehensive set of proposed environmental and health and safety bye laws under the Freeport Bye-Laws Act was submitted by the Grand Bahama Port Authority to the Government, but have not been implemented.

They need to be brought into effect! The people of Freeport deserve a clean and managed environment and the workers at the industrial plants of Freeport are entitled to the protection of their health and safety rights!

As a 33-year homeowner of Freeport and a licensee of the GBPA I urge the GBPA and Government to work closely together to implement these bye laws so that the GBPA can effectively undertake its duties, responsibilities and obligations under the Hawksbill Creek Agreement.

The GBPA has already established an Environmental Department but again, like the BEST Commission, it has no statutory teeth.

Under the Freeport Act 1993, the Government, the Grand Bahama Development Company (Devco) and the GBPA agreed to “Introduce additional environment frameworks for development”.

It is high time that this provision under the Act was put into effect.

It is high time that the Government and the GBPA make good on their promises to protect the environment and the health and safety of workers and put in place the necessary laws and regulations.

Window dressing will no longer cut it.

Tribune 242

Since the Bahamian government’s recent announcement that exploratory oil drilling would be allowed prior to a referendum on the issue ...controversy has erupted along several fronts

The great oil debate

To drill or not to drill is the question

BY JUAN McCARTNEY
Guardian Senior Reporter
juan@nasguard.com

If Bahamas Petroleum Company’s (BPC) calculations are correct, there is a super-giant oil field lying beneath Bahamian waters.

All that needs to be done to get the nearly nine billion barrels of oil it believes is likely there, is to figure out exactly where it is, and go get it without spilling a single drop in the ocean.

If only life were that simple.

Since the government’s recent announcement that exploratory oil drilling would be allowed prior to a referendum on the issue, controversy has erupted along several fronts.

The referendum issue

Perhaps having had its reputation savaged in the gambling referendum in January, the Progressive Liberal Party (PLP) had no wish to risk another fiasco and so opted to take a different route – see if any significant amount of oil is there, and then see how the Bahamian people feel about taking it out of the ground.

BPC maintains it will spud an exploratory well around this time next year, and the government says it will hold a referendum on the actual extraction of any oil in the latter part of 2015.

Yes, the PLP backtracked on its original promise, but is this not a considered, logical position to take in light of the fact that Russian companies are drilling for oil just miles away from our border with Cuba?

Not really, says Free National Movement Chairman Darron Cash.

In fact, Cash contends, it all seems a bit rushed.

“Given the national and international attention that the government knew this matter would receive, the minister of the environment (Ken Dorsett) should not have announced the government’s policy reversal until the proposed legislative changes and the regulatory framework could be disclosed at the same time. It is not constructive to the process that the debate has begun in earnest but there is an information vacuum,” he said last week.

“There is no information packet available, no statement of Government principles, no answers to frequently asked or anticipated questions, no secretariat and no readily available environmental impact studies.”

Cash, who may or may not be familiar with the Internet, is wrong that no environmental impact assessment has been made public.

It’s been out for a year, and the Bahamas Environment, Science and Technology (BEST) Commission has it on the front page of its website.

It’s over 400 pages long and extraordinarily detailed, but more about that later.

Cash is right however, about the lack of regulations and legislation being in place.

According to a letter BEST wrote to BPC Environmental Scientist Roberta Quant on February 15, 2012, there are no specific standards for gas and oil exploration in The Bahamas.

BEST deferred establishing those standards until widespread national consultation and a required regulatory review takes place.

Last week, Dorsett said new regulations to support oil exploration "are substantially complete" and will soon be presented to Cabinet.

It is expected that they would be tabled and debated in Parliament before ultimately going into effect before BPC begins its exploration.

That would be quite a step beyond where the Christie administration was willing to go with regard to the gambling referendum.

In the run-up to that debacle, Bahamians were simply expected to trust the government and the numbers houses’ good intentions with little detail.

Hopefully, Cabinet won’t make that mistake again.

Show me the money

Possibly years away from seeing any oil, Bahamians last week flooded talk shows and social media with the concern that somehow The Bahamas was getting the short end of the stick with regard to oil royalties.

That depends on how you look at it. According to the proposed production license, the royalties paid to the government increase on a sliding scale.

If up to 75,000 barrels of oil are produced per day (bopd), then the royalty rate would be 12.5 percent.

For oil production over 75,000 up to 150,000 bopd, the royalty rate would be 15 percent.

For oil production over 150,000 bopd up to 250,000 bopd, the royalty rate would be 17.5 percent.

For oil production over 250,000 bopd up to 350,000 bopd, the royalty rate would be 20 percent.

For oil production in excess of 350,000 bopd, the royalty rate would be 25 percent.

The royalty rate on any amount of gas production would be 12.5 percent.

BPC has five licenses that cover an area of nearly four million acres in total.

It is also required to pay the government $0.92 per acre per year for its leases.

However, these payments are deductible from royalty payments.

BPC is also surely ecstatic that there is no corporate income tax in The Bahamas.

It is unclear how value added tax would impact oil drilling and or production.

The company has invested nearly $50 million so far; mostly in seismic research.

It says an exploratory drill would cost another $120 million.

It is unclear what The Bahamas has invested so far, but preliminary indicators suggest that the country has spent nothing on BPC’s venture.

That seems like a pretty good return on investment.

However, when you look at what other countries rake in in pre-tax oil revenues, what is proposed would pretty much make The Bahamas the lowest recipient outside of Ireland.

Environmental concerns

The thing most people seemed to be concerned about is an oil spill.

BPC’s research indicates that an oil spill taking place at the location where drilling will most likely take place would have “a major impact on the Cuban coastlines in the vicinity of the release point”.

“Particular wind conditions may allow for transport of small quantities of oil to the west, where it can eventually be advected by the Florida current and potentially affect the Florida or eastern U.S. coasts, or the Western Bahama Islands.

“In case of a seabed spill, it is expected that some oil will surface at a distance from the initial spill due to intense deep dynamics along the Great Bahama Bank. This would favor a wide spread of oil, with possible impact further on the Cuban coast, but also on the Florida or Eastern U.S. coasts, or the Western Bahama Islands.”

BPC’s political ties

Though the PLP tries to downplay it, there is no getting around the fact that Prime Minister Perry Christie, Deputy Prime Minister Philip Brave Davis and Senator Jerome Gomez were all closely linked to BPC prior to the general election.

Davis was its lawyer, Christie a consultant and Gomez the resident director.

All three men have since said they no longer have ties to the company.

But that hasn’t stopped the FNM from asking serious questions.

The Opposition has asked for full disclosure. Davis has expressed annoyance at the line of questioning and pledged to act in the best interest of the Bahamian people.

Gomez addressed the issue last week, though both men stopped short of full disclosure.

Christie said he will address the matter in the House of Assembly today.

Whether there is oil underneath the sea remains to be seen, but what seems clear is that the great oil debate is just getting started.

March 18, 2013

thenassauguardian

Caribbean Blog International

Haitian-Bahamians and Bahamian Citizenship

Haitian-Bahamians Want Citizenship

The Bahama Journal

Three young Haitian-Bahamians stood before the Constitutional Commission this past Friday making recommendations specifically surrounding children born to Haitian parents receiving citizenship.

The trio, representatives from Univision, a civic organisation geared at spreading equality amongst cultures, presented the challenges that face children born to Haitian parents in The Bahamas.

President and Founder of Univision Lovy Jean said the Bahamian Constitution has no security for those children who for 18 years have no nationality.

“As stipulated in the Constitution, the group of young people born to foreign parents in The Bahamas is not afforded the right of automatic citizenship.  Therefore a formal application must be made to the Department of Immigration for that person to become a citizen.  That process is normally two to six years.  If you’re lucky during a General Election you’d get it right away,” he said.

“You’re in this internal conflict because you don’t know where you belong.  You can’t go to school, you can’t get a scholarship because you simply don’t have a nationality.  In the schools down here, you’re not a Bahamian, your parents are Haitians.  But back home in Haiti, you’re not Haitian; you were born in The Bahamas.  So imagine what that must be like for someone to go through that for 18 years and more until they gain citizenship.”

Mr. Jean recalled the scholarship opportunities he had to pass up on all because he did not have a passport, Haitian nor Bahamian.

Mr. Jean’s sister, Janette Jean, is the co-founder of Univision and says she believes that it’s time The Bahamas begins to benefit from the investment it makes in the thousands of children it educates and provides free healthcare for.

“The Bahamas for the past years has been investing in its people, all because they want to see a better future.  The Bahamas invests in both Bahamians and foreigners.  The Bahamas invested in me, and they do it for a return.  Sadly, because of the present laws and policies that we have currently in place, it is difficult for The Bahamas to gain the returns that they should in the foreigners that they invest in,” she said.

Undoubtedly the portion of their presentation that came as a surprise to the Commission was the group’s recommendation of setting a date, before which every child born in The Bahamas to foreign parents would become a Bahamian citizenship, and after which every child born in The Bahamas to illegal parents would be subject for deportation.

The group acknowledged that this method would not sit well with their fellow Haitians, but Ms. Jean believes that this would be the ideal way of addressing the illegal immigration problem in The Bahamas.

“We have an illegal immigrant problem.  I consider The Bahamas my home and I want to protect it.  This is a decision we have to make and the line must be drawn somewhere.  You must be fair to both sides,” she said.

Their recommendation also included children born to parents outside The Bahamas, saying that the parents should be able to decide which nationality the child should be given as well as they recommended that spouses of Bahamian citizens of any gender be given the opportunity to apply for Bahamian citizenship regardless of their gender.

Department of Statistics’ 2010 census shows that there are 39,144 Haitians living in The Bahamas.

However, these figures do not include the undocumented or illegal immigrants.

18 March, 2013

Jones Bahamas

What is the leader of the nation of Islam, Louis Farrakhan Muhammad talking about?

By Dennis Dames:



The leader of the nation of Islam, Louis Farrakhan Muhammad sounds like a cry baby and grouch – when he talks about suing The Tribune about a recent article entitled: Nygard Faces the Wrath of Farrakhan.

Minister Farrakhan was quoted as saying the following in Monday March 18, Nassau Guardian: They quoted my words perfectly, but the spin that was put on my words was vicious and ugly and very untrue.

I wonder what the esteemed Minister meant, when the following quote was attributed to him in The Tribune of March 15, 2013: “You know I’m a very simple man, my staff can tell you,” he said. “When I go, I come to do a job to teach my people what God has blessed us to have. I to teach them and go back to my hotel. I aint looking for sport and I’m not looking for play. So you can’t send no woman to me except to learn.” “And I don’t mean sex education,”…

Where did all of this come in, and what exactly was Minister Farrakhan alluding to?

Get a life big brother Farrakhan, and welcome to The Bahamas.


Monday March 18, 2013

Caribbean Blog International

The Opposition Free National Movement (FNM) has vowed to do everything in its power to block exploratory oil drilling in The Bahamas ...before comprehensive regulations are put in place ...and unless there is full disclosure of any relationship between the oil industry and senior Progressive Liberal Party (PLP) members

Opposition Calls For Full Disclosure On PLp Links To Oil

Tribune 242

 

THE Opposition has vowed to do everything in its power to block exploratory oil drilling in The Bahamas before comprehensive regulations are put in place and unless there is full disclosure of any relationship between the oil industry and senior PLPs.

And, with the government’s “rush to drill” – despite its own pre-election promises – FNM chairman Darron Cash claimed there were also worries the government was simply delivering a ‘favour to a financial backer’.

He said in a press release: “The FNM will use every means at its disposal to ensure that the first drill does not penetrate the sea bed until the appropriate legislative and regulatory frameworks are in place and until the Christie administration officials make full disclosure to the people.”

He said Prime Minister Perry Christie and Deputy Prime Minister Philip Davis both delivered services to The Bahamas Petroleum Company before they came to office, while a PLP candidate was the company’s local manager.

“Full disclosure must begin with Senator Jerome Gomez, former country manager for BPC, Deputy Prime Minister Philip ‘Brave’ Davis and Prime Minister Perry Christie, attorney and consultant, respectively,” Mr Cash said.

“Before these senior public officials vote on any issue regarding oil drilling, they must disclose to the Bahamian people everything related to their dealings with any oil or related company that requires approvals from the government to do business in the Bahamas.”

He said these men must disclose:

• terms and conditions of any contracts they had with oil companies

• how much they, their firms and other related parties were paid

• the duration of their contractual relationships

Prime Minister Perry Christie “seems incapable of designing and implementing public policy in a well thought-out and co-ordinated manner,” said Cash.

“The government has announced its intention to allow exploratory oil drilling ahead of putting in place the legislative and regulatory framework necessary to ensure transparency, safety and appropriate returns to the Bahamian people,” he added.

“The Minister of the Environment has given assurances that these are coming.   But we must ask, why the rush?”

The move is reminiscent of the government’s “failed attempt to get approval from the Bahamian people” for web shop gaming.

Mr Cash said: “The government was rejected in that effort because of its failure to put in place the necessary legislative and regulatory framework to ensure accountability and transparency.   History appears to be repeating itself.   With oil drilling the stakes of incompetence in the Christie government are higher.

“While shortcomings in the web shop business may lead to reduced government tax revenues, lack of oversight and proper enforcement in the oil drilling business would be far more catastrophic, possibly leading to significant destruction of our fishing and tourism industries.”

Mr Cash added: “Prime Minister Christie would be aware from the General Election campaign that this is an issue of tremendous concern to the Bahamian people.   In view of that, the FNM would have expected a well-considered and well-structured approach from the very beginning.   As of now, the government’s haphazard approach has been enormously disappointing.”

Given the national and international attention that the government knew this matter would receive, he said, the Minister of the Environment should not have announced the government’s policy reversal until the proposed legislative changes and the regulatory framework could be disclosed at the same time.

“It is not constructive to the process that the debate has begun in earnest but there is an information vacuum,” Mr Cash said.

In addition to the government’s failure to present details of the legislative and regulatory framework, he said, there was no evidence that the structure to manage this public discussion had been set up within the Ministry of the Environment, he claimed.

There is no information packet available, no statement of government principles, no answers to frequently asked or anticipated questions, no secretariat and no readily available environmental impact studies, the FNM chairman said.

“For a debate of critical national importance that requires a wealth of information, the process is getting started in a completely backwards fashion. This could have been avoided.

“This begs the question – Why the rush? Again!

“In the interest of complete transparency, the Bahamian people deserve to know whether this action by the government is another act of payback to a financial backer of the PLP?

“While we are at the start of this process, the FNM wants the Christie administration to understand that the official opposition will not be a meaningful partner in this important national debate unless and until the members of the Christie administration with past and present ties to oil interests make complete and accurate disclosures of their past financial and other dealings with the principals of BPC and any related party or entity. This disclosure is non-negotiable.”

The FNM urged the Prime Minister to be “very proactive” in managing any public discussion on the issue of oil drilling.

“He would be well advised to outline a clear plan of action and an information/education campaign so that all stakeholders can be informed and then plan appropriately to have their voices heard on this important issue.

“The Prime Minister, as head of the government owes the Bahamian people this elevated level of transparency.”

Tribune 242