Minister of Youth, Sports and Housing Neville Wisdom, under whose portfolio Junkanoo fell before the February Cabinet reshuffle, disputed a portion of the Auditor General most recent report

Minister Disputes Audit

 

 

 

 

By Candia Dames

Nassau, Bahamas

12 May 2006

 

 

 

Minister of Youth, Sports and Housing Neville Wisdom, under whose portfolio Junkanoo fell before the February Cabinet reshuffle, disputed a portion of the Auditor General's most recent report on Thursday as it related to the controversial 2002 million-dollar Junkanoo bleacher contract.

 

As reported by the Bahama Journal, the Auditor General said that based on documentation from the then Ministry of Youth, Sports and Culture it appears that the contract for rental of the bleachers did not receive Cabinet approval before an agreement was signed between the ministry and Towers Scaffold Services INC.

 

But the minister said this is not so.

 

"The Cabinet approved the bleacher contract," he indicated. Mr. Wisdom said the contract was approved before it was signed.

 

The Auditor General noted that Section 58 of the Financial Regulations states that the Cabinet shall make all contracts for supplies, works and services required by the government for amounts in excess of $250,000.

 

But the report said that based on documentation from the ministry, the ministry entered an agreement with Towers Scaffold Services INC. on October 28, 2002. However, approval for the venture was noted on November 28, 2002.

 

Asked to explain this, Minister Wisdom said that oftentimes Cabinet conclusions do not come out immediately when decisions are made. He suggested that this might be the case as it relates to the Junkanoo bleacher contract, although he was not sure.

 

The report also said that an examination of smaller Junkanoo bleacher contracts awarded during the 2002/2003 season revealed that the contracting parties did not sign three contracts.

 

The three contracts, the report said, were awarded in the amounts of $1,800 each.

 

To this, Minister Wisdom said, "I know absolutely nothing about that."

 

He promised to give a more detailed response after reviewing the Auditor General's Report, which was released in very limited numbers.

 

Chairman of the Public Accounts Committee Brent Symonette, who is the Member of Parliament for Montagu, has continued to ask the government to provide each member of the committee with a copy of the report so that it can meet.

 

Mr. Symonette made his most recent request on the floor of the House on Wednesday evening.

 

The other members of the committee are Lucaya MP Neko Grant (FNM); Long Island MP Larry Cartwright (FNM); Cat Island, Rum Cay and San Salvador MP Philip "Brave" Davis (PLP); and St. Thomas More MP Frank Smith (PLP).

 

Mr. Symonette told the Bahama Journal on Thursday that it's sad that the government has not been able to come up with five copies of the report for the members of the committee.

 

He said that when the committee meets it will call officials of the various ministries in for questioning.

 

He said the permanent secretary of the former Ministry of Youth, Sports and Culture will be among those called.

 

"We're going to ask for various contracts and ask when they were executed," Mr. Symonette said.

 

Asked whether the Auditor General's report that the ministry violated the financial regulations concerned him, he said, "It concerns me a lot."

 

"The auditor general asked the government to verify the information and the government failed to do so, and the auditor noted it," Mr. Symonette added.

 

"This is a very fundamental issue. [Minister Wisdom] never should have signed this contract without approval."

 

The auditor general said that relevant Cabinet conclusions regarding the Junkanoo arrangements were not forthcoming. Therefore, he relied on information from files at the ministry. The report was tabled in the House of Assembly several days ago.

 

After the million-dollar contract was executed to rent the bleachers, Minister Wisdom faced a firestorm in the House of Assembly over the arrangements.

 

At one point, he informed that, "Yes, a million dollars is being invested, but the return anticipated from the exercise is $3 million."

 

But the auditor general noted that the revenue for ticket sales was estimated at $2.1 million, but only $695,000 was realized.

 

The auditor general recommended that for future years the budgetary process should be "more realistic".

 

During the Junkanoo bleacher contract debacle, the Bahama Journal reported that a draft report from the accounting firm Deloitte & Touche had put losses to the Bahamian taxpayers at $1,189,562 during the Junkanoo season in question.

 

Amid criticisms from opposition forces, Minister Wisdom consistently denied that his ministry executed the bleacher contract without first getting the necessary approval from Cabinet.

 

With the newly released Auditor General's Report resurrecting the controversy, it's likely that he will face further questions about the contract.

 

Prime Minister Perry Christie now has ministerial responsibility for the Junkanoo parades, which come under the Culture portfolio.

The Bahamas Auditor General, Terrance S. Bastian is Unable to Certify Public Accounts

Auditor Raps Gov't

 

 

 

By Candia Dames

Nassau, The Bahamas

11 May 2006

 

 

The newly released Auditor General's Report shows that in the most recent year for which the study is available, public accounts were in such poor state that the auditor general was unable to certify them.

 

"As a result of my examination, I now report that due to un-reconciled accounts, which include inactive bank account that remain on the books, I cannot attest to the completeness and fairness of cash and bank balances, investments, and receivables," wrote Auditor General Terrance S. Bastian.

 

"Because of the fundamental importance, and the material effect of these accounts, as described in the preceding paragraph, on the statements of account, I am unable to certify that the Final Accounts of the Government of the Commonwealth of The Bahamas present a true and fair view of the state of affairs of the year ended June 30, 2003."

 

Under the Financial Administration and Audit Act 1973, it is the responsibility of the auditor general to examine and certify the government's financial statements.

 

The accounts of the Bahamas are presented to parliament annually and contain among other information the details of revenue, recurrent and capital expenditure, the public debt and the contingent liabilities of the government, as well as detailed revenue by category and detailed expenditure.

 

But the most recent report raises serious questions about inconsistencies in many government agencies and departments.

 

For instance, it says that an examination of the Junkanoo bleacher contracts awarded during the 2002/2003 Junkanoo season revealed that three contracts were not signed by the contracting parties.

 

The three contacts in question were awarded in the amounts of $1,800 each.

 

"Although photocopies of the unpaid cheque were seen on file - we were unable to confirm whether the cheque were cashed because the originals and the bank statement were not made available," the report said.

 

The auditor general recommends an explanation as to why the contracts in question were not signed; copies of the original cheque and the bank statement.

 

The report added that based on documentation from the Ministry of Youth, Sports and Culture, it appears that the contract for rental of the bleachers did not receive Cabinet approval before an agreement was signed between the ministry and Towers Scaffold Services INC.

 

Section 58 of the Financial Regulations states that "All awarded contracts for supplies, works and services requires by the government for amounts in excess of $250,000 shall be made by the Cabinet."

 

The report said that the records at the ministry show that an agreement with Towers Scaffold Services INC. was executed on October 28, 2002.

 

However, approval by Cabinet for the venture was noted on November 28, 2002.

 

"We have requested relevant copies of Cabinet conclusions which do not seem to be forthcoming. Therefore, we relied on information from files at the Ministry of Youth, Sports and Culture," the report said.

 

The auditor general analyzed the budget for the 2002/2003 Junkanoo parades and compared the same with the actual amounts.

 

"We noted that revenue for ticket sales was estimated at $2.1 million, but only $695,000 was realized," the report said. "In addition, other contributions were estimated at $325,000, but only $107,954 was received.

 

The actual government contribution amounted to $981,065 compared to the $350,000 budgeted."

 

The report added that on the other hand, miscellaneous expenses were budgeted at $583,145 and $514,380.53 was expended. Also, it was reported that advertising was projected at $328,450, but this too fell short by $295,209.80.

 

The auditor general recommends that for future years, the budgetary process should be more realistic; a more detailed marketing strategy be put in place; and Junkanoo organizers conduct market surveys so that the reaction to new initiatives would be more realistically determined.

 

"It is obvious that revenue estimates were grossly overstated," the report said. "While marketing is not an exact science, we believe that the Junkanoo organizers must review as many scenarios as possible when preparing the budget."

 

The report also points to unrecorded deposits as they relate to the sale of Junkanoo tickets that year.

 

"At the time of our examination, $15,200 for Internet ticket sales were not recorded in the cashbook," the report said. "In addition, there were numerous other deposits where the nature of the transactions could not be determined due to insufficient information."

 

It added, "We recommend that all revenue collected be deposited in the bank and recorded in the cashbook promptly. Also, all transactions should be supported with sufficient details so as to clearly identify its source and nature."

 

The report noted that the approximate cost of rental and shipping of bleachers was $1,240,000.

 

Tower Events International SRL informed the Department of the Auditor General that the approximate selling price of the seats which were used for the 2002/2003 Junkanoo parades would have been between $6.5 and $7 million, the report said.

 

The Ministry of Youth, Sports and Culture was not the only government agency where concerns were raised.

 

At the Department of Immigration, the report said during the audit it was observed that no cashbook was being maintained.

 

"We recommend that a cashbook be instituted in accordance with Section 134 of the Financial Regulations 1975," the report said.

 

While reviewing the accounting process, it was noted that when revenue is turned over to the accounting officer by the cashier, no receipt is issued to acknowledge the cash exchange and shortages exist in the amount of $14,805.14.

 

The auditor general recommends that there be documented verifiable evidence of exchange of funds from the cashier to the accounting officer.

 

The report also recommends a thorough investigation be conducted to determine further the extent and reason for the shortages. It said that every effort should be made to recover the amount of $14,805.14 from the cashier as a matter of urgency.

 

The report said that while examining the cash edit listing to the underlying accounting records, the auditor general observed that entries totaling $227,894.19 appeared as "void".

 

In many instances, the report said, there were no attachments to support the void or cancelled receipts.

 

"At the time of the review, we were not given the assurance that all voids that appeared on the cash edit listing were legitimate," the report said.

 

Shortly after coming to office and throughout his term so far, Prime Minister Perry Christie has continued to raise concerns about the failure of various government departments to reconcile their accounts.

 

He has said that while his administration does not want to raise taxes, it has been focused on ensuring that revenue loopholes are tightened up.

 

It's unclear whether the situation that prevailed in 2002/2003 has been improved, as there has not been any report from the auditor general to cover any fiscal years that followed.

The Bahamas Government Supports Liquefied Natural Gas (LNG) Projects in The Bahamas

Bahamian Government's Policy Decision in Support of Liquefied Natural Gas (LNG) Projects in The Bahamas

Gov’t Supports LNG

By Candia Dames

Nassau, The Bahamas

2 May 2006

The government has made a policy decision that it is not opposed to liquefied natural gas (LNG) projects in the Bahamas, according to Prime Minister Perry Christie, but he still did not give any timelines for when the government hopes to give the green light to any of the energy companies with LNG proposals.

He said LNG "can happen in the country".

"I think we are making good progress," Prime Minister Christie said in an interview with the Bahama Journal, referring to the government’s consultations and review of the proposals.

"We know that the former government had given a commitment to it, but did not allow for some of the developments that have taken place.  I think that we have had an exhaustive review of it and the government has made a policy decision that it is not opposed to LNG in the country and now it is moving forward to the final review of most certainly at least one of the applications before us."

The prime minister was no doubt referring to the Virginia-based AES Corporation, which is proposing an LNG project at Ocean Cay, near Cat Cay and Bimini.  The company wants to run an LNG pipeline to Florida to help meet that state’s growing demand for energy.

But it has had a wait of several years after it received approval in principle from the Ingraham Administration.  One year ago, AES appeared poised to get final approval from the government, but objections from wealthy second homeowners on Cat Cay further delayed a decision on the matter.

The government is also considering a second proposal from Suez and El Paso Corporations, which have combined a proposal for Grand Bahama after first presenting separate plans.

But the CEO of Suez indicated recently that his company had grown weary of the wait for a decision from The Bahamas government and would seek to get approval from the state of Florida for an LNG project off the Florida Coast.

Last week, Deputy Chief of Mission at the U.S. Embassy in Nassau Dr. Brent Hardt said the government should establish timelines for investors so that when they submit proposals they would have an idea of how long it would take to get an answer.

"I think the worst thing for investors is to continue month after month without clarity," Dr. Hardt said.

When he spoke to the Bahama Journal, the prime minister responded to Dr. Hardt’s comments, intimating that the U.S. diplomat was out of line.

"I am surprised at the comments," Prime Minister Christie said.  "That’s like me saying the same thing about the United States of America.  I assume he is well intentioned in saying it, but I think sometimes Dr. Hardt doesn’t realize what a minister or a cabinet has to do in balancing development applications."

He added: "Oftentimes, there is an application that has important policy implications.  For example, LNG was one where some people feel very strongly about opposing the installation or establishment of a facility in The Bahamas and it took time for that process to move forward, more time than those who would have wished it to happen in Florida would have allowed for and so timelines couldn’t help that process."

Mr. Christie said the government needed the time it took to consider the LNG applications and will make an announcement after it is has concluded final review of the proposals.

"That process just had to have time for consideration, the time for consultation and I think people have to understand that a country moving forward with a huge infusion of cash coming into it, inflows, development proposals, the question [is] how far we have to go in developing our country at a time when we don’t even have the manpower to service the construction jobs," the prime minister told the Bahama Journal.

"So, a lot of consideration goes into decision making. Sometimes there are those persons who are looking from outside [who wouldn’t know]."

The Bahamas Infant Mortality Rate Increases

Official Opposition Leader, Hubert Ingraham raised alarm over The Bahamas Infant Mortality Rate increase by stating that efforts by his administration drove the infant mortality rate from more than 24 per thousand live births to below 12.

"We expected to bring it to single digits by 2004," he said.  "Instead, under this neglectful government it has risen again to 19 per thousand live births.  Why are we moving in reverse?"

Infant Deaths Climbing

By Candia Dames

Nassau, The Bahamas

26 April 2006

Statistics from the Ministry of Health’s Information and Research Unit confirm a recent claim made by Opposition Leader Hubert Ingraham that the country’s infant mortality rate is on the way up.

Mr. Ingraham raised alarm over the increase Monday night saying that efforts by his administration drove the infant mortality rate from more than 24 per thousand live births to below 12.

"We expected to bring it to single digits by 2004," he said.  "Instead, under this neglectful government it has risen again to 19 per thousand live births.

Why are we moving in reverse?"

The infant mortality rate is considered internationally to be a sound indicator of a nation’s health and development.

Information from the Ministry of Health, however, does not provide any evidence to show that the figure has risen to 19.  The most recent data available is for the year 2004 when the rate was 17.3 deaths per 1,000 births, up from 12.7 deaths per 1,000 in 2001.

Minister of Health Dr. Bernard Nottage was not available yesterday to comment on the matter, as Tuesday is a day when the Cabinet meets most of the day.  But in a press statement issued early yesterday, he responded to Mr. Ingraham’s claim by saying only that there is no connection between the infant mortality rate and a shortage of vaccines.

No other health official would return the Journal’s calls yesterday either, but the Journal was able to obtain a copy of what is reportedly the minutes of a meeting of health officials that took place on Friday.

In the minutes, a senior nursing officer stated that the meeting had been called to discuss the minister’s mandate to strategize ways to reduce the infant mortality rate and the maternal mortality rate "as both were on the rise".

Officials reportedly plan to convert the Blue Hill Road Clinic into a Child Health facility, while Flemming Street Clinic will be converted into a Women’s Health Clinic, run by midwives.

The senior nursing officer quoted in the minutes impressed upon the midwives that should the need arise, they should inform persons inquiring about the vaccine shortage that supply should be available in about two weeks.

She said that the midwives should explain that the government does not owe any money for vaccines, but that there was a misunderstanding between the Ministry of Health and the Pan American Health Organization (PAHO), which has since been cleared up.

In its statement to the press yesterday, the Ministry of Health acknowledged that there is a shortage of supply of the Measles Mumps Rubella (MMR) vaccine due to an error in the billing by its suppliers.

The ministry said through no fault of its own, the suppliers had failed to send an invoice for some $865 and held up the latest order when they did not receive payment.  It is this mistake, the ministry said, which was corrected as soon as it was discovered.

"I am happy to report, however, that an inventory has been carried out, which confirms that we do have in stock a supply of all vaccines, including MMR, although some individual clinics may not have supplies in their possession," Dr. Nottage reported in that statement.

"Additionally, there is a shortage of one of the components of the Pentavalent vaccine, and that is due to the fact that the manufacturer sent us supplies with differing expiration dates.  There is no shortage of Polio, Diphtheria, Pertussis or Tetanus vaccines, all of which are in adequate supplies."

Dr. Nottage indicated that his ministry had made arrangements to obtain those vaccines that were in short supply and expected the delivery of those vaccines yesterday, which should be available to the public today.

But as mentioned, the statement said very little about the infant mortality rate.

In the health meeting minutes, another senior nursing officer in response to queries from the midwives present regarding the shortage of family planning/contraceptive methods said that there were no monies available for the purchase of these methods.

She indicated that at present her unit had only one inject - able method and few oral methods available.  The senior nursing officer said she would seek permission to inform clients of the situation via mass media or by notices posted in the clinics to avoid a disclosure similar to that made by Mr. Ingraham regarding the vaccine shortage.

The Bahamas Anglican Archbishop Drexel Gomez fears a split in the Anglican Communion

Fears Of Anglican Split Persist

 

 

 

 

By Candia Dames

Nassau, The Bahamas

19 April 2006

 

 

 

 

 

 

Three years after delegates of the last Episcopal General Convention in the United States approved the election of V. Gene Robinson, a homosexual, as bishop of New Hampshire, local Archbishop Drexel Gomez still fears a split in the Anglican Communion.

 

His comments came as the Episcopal Church, the American arm of the Anglican denomination, released a recent report, which will form the basis of the formal response to the 2004 Windsor Report, which contains findings of the Lambeth Commission.

 

That Commission studied issues like ordination of gay clergy and the blessing of same-sex unions.

 

"What the rest of the Communion is saying to the Episcopal Church is "we don't approve of [the ordination of gay clergy.] We don't believe this is in keeping with the gospel and we are asking you to give a commitment not to do this...if you wish to live in communion with the rest of us," explained Archbishop Gomez, who was a member of the Lambeth Commission.

 

The Commission was formed in response to the decision by the Episcopal Church to ordain Bishop Robinson, and the decision by the Diocese of New Westminster in the Anglican Church of Canada to authorize the blessing of same-sex unions.

 

The Windsor Report asks for a stop to same-sex blessings.

 

Following the release of the report, a special commission on the Episcopal Church and the Anglican Communion was constituted in 2005 by the Presiding Bishop and the President of the House of Deputies to assist the 75th General Convention in considering the report.

 

The commission is recommending that the General Convention express regret for the pain caused by its actions at the 74th General Convention.

 

It also urges "very considerable caution be exercised in the nomination, election, consent to, and the consecration of bishops whose manner of life presents a challenge to the wider church and will lead to further strains on communion."

 

But the commission did not agree to the moratorium on the ordination of gay clergy asked for by the Windsor Report.

 

While clarifying that the General Convention has not authorized public rites of blessing for same-sex unions, the commission said, "we concur with the Windsor Report and suggest that the Episcopal Church not proceed to authorize such rites at this time."

 

At the same time, the commission acknowledged that it is necessary to maintain "a breadth of private response to the situations of individual pastoral care" for gay and lesbian people.

 

Asked whether he still feared a split in the Anglican Communion, Archbishop Gomez said, "It's still a possibility".

 

He added, however, "From the recent reports I have received, I think members of the Episcopal Church will make a genuine effort to try to address the concerns. I personally believe they will not go as far as I would like them to go."

 

Archbishop Gomez said that some Anglicans are doubtful that the issues could ever be resolved satisfactorily for all concerned.

 

"The rest of the Communion is waiting anxiously to see how the [Episcopalians] will [formally] respond," he said.

 

The General Convention will meet from June 13 to 21 in Columbus, Ohio. At that time, a legislative committee will review the new report.

 

Archbishop Gomez said the ordination of gay clergy and the blessing of same-sex blessings are contrary to what most Anglicans do and believe.

 

"So if we are to go forward together the [Episcopalians] have to, as it were, backtrack," he said.

 

"There will be the question of how the Communion will receive what they offer."

Constitutional Review Commission Officials At Odds about Some of The New Recommendations of The Commission - and with what the Ingraham Administration had Proposed in The 2002 Referendum

Michael Barnett, Co-deputy Chairman of the Constitutional Review Commission defends the position of the FNM government on the failed 2002 referendum

2002 Referendum Defended

 

By Candia Dames

Nassau, The Bahamas

11 April 2006

 

 

  

 

Two officials of the government-appointed Constitutional Review Commission are at odds over whether some of the new recommendations of the Commission are largely in line with what the Ingraham Administration had proposed in the 2002 referendum.

Co-deputy Chairman Michael Barnett even defended the position of the FNM government on the failed referendum, noting that the proposed changes had been supported by the then opposition in parliament and then later opposed.

"There is no radical difference in the nature of the recommendations with respect to constitutional change," said Mr. Barnett, who was one of the guests on the Love 97 programme ‘Jones and Company’ on Sunday.

He suggested that besides some "tinkering, glossing and tightening up" the recommendations of the new report "are very much the same" as what the FNM government had pushed in the referendum.

Shortly after members of the commission presented a copy of their preliminary report to Prime Minister Perry Christie last month, former Prime Minister Hubert Ingraham, who is now again the leader of the FNM, noted essentially the same.

He also said that the PLP government appeared to now be suggesting that while the proposed changes were wrong under the FNM’s watch, they are now right under the PLP’s watch.

But Commission Co-chairman Paul Adderley, who was also on the Sunday programme, agreed that while Mr. Barnett was suggesting that the groundwork for what the commission is now doing was laid by the Ingraham Administration, that is not true.

He indicated that there are fundamental differences contained in the report of his commission, although he recognized that there are some similarities.

"Firstly, with regard to citizenship, no one objects to the concept of equality of women and the FNM proposal was that Bahamian women married to a foreigner [that their] children became Bahamians just like the children of Bahamian men," Mr. Adderley noted.

"That provision is exactly the same and I think everybody agrees with that."

But he pointed out that while the FNM government proposed that a foreign man who married a Bahamian woman could obtain citizenship immediately, the commission recommends that he be made to wait years before qualifying.

"That particular provision, I think, caused them more difficulty in the referendum than any other, that instantaneous citizenship," Mr. Adderley said.  "This commission proposed between five to 10 years…That is the fundamental difference…That, I think, is very, very significant."

The commission co-chairman also pointed out that the FNM government proposed that the boundaries commission still be subjected to the prime minister’s power to amend.

But the Constitutional Commission is recommending that the constitution be amended to create a truly independent electoral and boundaries commission and remove the power of the prime minister to modify the report of the commission.

Mr. Barnett then insisted again that the concepts and the ideas of the 2002 proposal and the present one are the same.

"With respect to the marriage, what was proposed during the 2002 referendum exercise, I thought, is the concept that the right that was afforded to non-Bahamian women who were married to Bahamian men…that same right should be given to a non-Bahamian male who is married to a non-Bahamian female…That very same concept is repeated in the recommendations that have been made by this report," he said, repeating Mr. Adderley’s earlier point.

Mr. Adderley, meanwhile, said there are also significant differences as they relate to the 2002 proposal on the mandatory retirement age of judges.

"The point where we disagree is with regard to the term of judges," he said.

The Ingraham Administration recommended that the retirement age of a Supreme Court judge be extended from 67 to 72; and the retirement age of a justice of the Court of Appeal be extended to 75, with the right to extend being held by the prime minister.

"Mr. Adderley said, "We have number one suggested so far that the retirement age be 70 – fixed and no question of extending it by the prime minister because we thought that would give the prime minister a little too much leverage and power."

Mr. Barnett said he still thinks that the retirement age being recommended by the commission is "too low", but he said he agreed with the concept that the prime minister should not have the power to extend the retirement age.

On the point of the 2002 referendum defeat, Mr. Barnett pointed out that the PLP while in opposition had supported the Ingraham Administration’s proposal.

"You must not forget that the proposals that had been put forward had received the unanimous support of all the members of parliament and that the people could have been educated as to why those…proposals had been made and why it was that they supported them," he said.

"[The opposition] elected not to do so and as a result of that I think we got caught up in the politics of early 2002 - and what were really sensible proposals were simply rejected…not because of the defects of the proposals or the lack of merit of the proposals because you can see many of the proposals are repeated here."

Mr. Adderley quickly said, "But don’t underestimate the people’s capacity once they are told something to think for themselves."

The commission intends to carry out another round of consultations with the Bahamian people before submitting final recommendations.

Responding to a question that was asked by the show’s host, Wendall Jones, Mr. Adderley said, "[The government doesn’t] have to accept a single word which we put down here, but a government would be a very foolish government not to accept anything we put down."

The commission makes many key provisional recommendations in its report – copies of which are available at the commission’s office in the Royal Victoria Gardens.

A few of the recommendations include abolishing the office of governor general and creating a democratic parliamentary republic with the head of state being the president; increasing the size of the senate to 23 and giving the president the power to appoint five of those senators; and eliminating gender bias from the constitution.

Prime Minister Christie has foreshadowed that a referendum will be held so Bahamians can decide on what changes would actually be made to the constitution.

Local Journalists Welcome The Suggestion of The Constitutional Review Commission that Freedom of The Press and Access to Information in The Bahamas Receive Constitutional Protection

Advocates Want Freedom of The Press to be Included as part of the Principle of Free Expression in The Bahamas

Constitution May Protect “Freedom Of The Press”

By Candia Dames

Nassau, The Bahamas

27 March 2006

Local journalists, long frustrated by what they see as a general lack of access to public documents, are welcoming a suggestion by the Constitutional Review Commission that freedom of the press and access to information receive constitutional protection.

"I have to say that it is a pity that we need a constitutional amendment or an amendment to the law at all to ensure what should have been the prevailing situation all along," said Sir Arthur Foulkes, a veteran journalist, who is also a former Cabinet Minister and a former diplomat.

Sir Arthur was a member of the opposition delegation at the Constitutional Conference in London in 1972.

The Constitutional Review Commission, which presented its report to Prime Minister Perry Christie last Wednesday, said it heard from a number of advocates who want freedom of the press to be included as part of the principle of free expression.

"It cannot be denied that a free and unbridled press is one of the most important institutions in a democratic society, and may be deserving of constitutional protection," the report says.

It would be in line with the First Amendment of the U.S. Constitution, which guarantees "the freedom of worship, of speech, of the press, of assembly, and of petition to the government for redress of grievances."

The Constitutional Review Commission’s report also pointed out that with freedom of speech must come access to public information.

"The right of free expression embraces the right to impart and receive information, and thus it is not surprising that some Constitutions link the right of freedom of information to that of free speech," the report says.

"Some provide for extensive rights of freedom of information, such as the South African model, which provides a right of access to information held by the state.  Others do not elevate it to a constitutional right, but have adopted freedom of information laws."

Wendall Jones, CEO of Jones Communications Network, believes that a Freedom of Information Act would be "a step in the right direction."

"It has taken the framers of the constitution or those who are interested in constitutional reform a long time to really put forward something that should have been enshrined in the constitution from Independence of 1973," Mr. Jones said.

"Of course we always assumed that we had freedom of the press in this country.  We know that we do not have a Freedom of Information Act, but once we have a Freedom of Information Act in The Bahamas it is hoped that people would understand what the Act is all about and it would not simply be something on paper, but that public servants in particular would understand that the press has a right to certain information."

Jerome Sawyer, a highly-regarded journalist who is the news director of Island FM and Cable 12, said access to information would give rise to much better reporting.

"We would be able to accurately give information that we normally now have to get from unnamed sources and people who are secretly giving [us] information," Mr. Sawyer said.

"I think it would also give some more credibility to our work because a lot of times we are operating just off of hearsay information we receive as opposed to being able to access actual data and actual information."

Mr. Sawyer said making freedom of the press a constitutional right would benefit, not just journalists, but all Bahamians.

"I think many people in the press are intimidated by the possibility of legal action and for that reason a lot of stories are not even touched," he said, but added that responsibility must always be a priority of every good journalist.

Carlton Smith, deputy general manager of news and special projects at the Broadcasting Corporation of The Bahamas, also spoke of the importance of journalists exercising a "serious level of responsibility".

"Freedom without responsibility is a dangerous weapon and it could destroy as opposed to build a nation," Mr. Smith said, "but freedom with responsibility is a catalyst in helping in the positive growth and development in a developing society."

He believes that enshrining freedom of the press in the constitution "would be a significant accomplishment in helping to promote true democracy and assist in the national development of our country".

With respect to freedom of the press, Mr. Jones opined that there are many press people who have abused their freedoms even though there is nothing enshrined in the constitution.

"It is hoped that when it is enshrined in the constitution and when we do have a Freedom of Information Act, that members of the press would be responsible and understand that even though this is enshrined in the constitution they have a duty to the public to be very responsible," he said.

Sir Arthur, meanwhile, said there is a culture of secrecy in government that goes back many decades.

"It’s a culture where civil servants seem afraid to give people information that rightly belongs to them and that they ought to have access to," he said.

"That should have been the ordinary state of affairs.  It’s about time that culture is broken and it’s about time that [members of] the public [are] allowed through the press to have all the information to which they are entitled."

Sir Arthur also expressed disappointment that there is no press association in The Bahamas although there has been a lot of talk about establishing one.

"[We need] to speak with one voice as it regards the rights of the press and the duty of journalists and the media to report to the Bahamian people," he said.

"Somebody put it like this: we’re like the amplifier, the loud speaker to broadcast to people what is happening with their affairs."