Bannister: Strengthening the Judicial System
Published: Monday June 11th, 2007
Minister of State for Legal Affairs the Hon. Desmond Bannister
2007/2008 Budget Communication by Minister of State for Legal Affairs the Hon. Desmond Bannister:
MINISTER BANNISTER: Mr. Speaker, I rise to support this budget.
As I do so, I wish to congratulate you for earning the respect of all members through your years of dedicated service in this place. I’m sure that the residents of North Eleuthera are extremely proud of you Sir.
Mr. Speaker, I also wish to congratulate the Honourable members from Clifton and South Andros. Many years ago, on a University Campus, we spent our evenings sharing our dreams for The Bahamas, and our desire to contribute to the development of our country.
I congratulate them for making it to this place, and also for the statesmanship and dignity which they displayed in making their contributions to this debate. The University of the West Indies can indeed be proud of them, as can the Bahamian children including my children Dominique and Danielle who are able by way of the medium of television to watch our conduct in this place every day, and who seek to model themselves after us.
MY PARENTS
Mr. Speaker, I wish to take this opportunity to thank my parents David and Joyce Bannister. It is by their love, patience and guidance that I am here in this place today, and I thank God for them.
Mr. Speaker, my mother is here today in Parliament. She is a retired educator, and I hope that she will forgive me if I do not look in her direction as I make this contribution for fear that she will seek to correct my grammatical imperfections.
THANK YOU CARMICHAEL
Mr. Speaker, I am honoured to be here today as the elected representative of the residents of the Carmichael Constituency.
Mr. Speaker, on May 2nd Carmichael couldn’t wait to vote, and residents of Carmichael recorded overwhelming support for this F.N.M. government under the able leadership of the Rt. Honourable Hubert Alexander Ingraham.
In fact, Mr. Speaker, I am reliably informed that because the margin of victory in Carmichael was so convincing, the recount on 3rd May was a mere formality, and accordingly, Mr. Speaker, Carmichael was the first constituency to officially declare it’s Member of Parliament.
Mr. Speaker, with the presentation of this compassionate budget, I am pleased to tell my Constituents in Carmichael that after a long five year wait help and hope are finally here for Carmichael:
- The flooding problems in Bel-Air and Flamingo Gardens will be given our fill attention.
- The cleaning and treatment of the sewerage system in Flamingo Gardens will be scheduled on a regular basis.
- The oversized speed bumps which have been such a hazard to our residents on Mermaid Boulevard, Jackfish Drive, Turtle Drive, Cedar Way, Golden Gates Straight and Bahama Boulevard will be cut down to an appropriate size.
- The corroded wrought iron bars that create such a hazard for our children at the Gerald Cash Primary School will be fixed.
- Our parks in Bel-Air, Golden Gates and Flamingo Gardens and the historic Mermaid Park and Pool will no longer be allowed to languish as overgrown bushes that create hiding places for criminals and homes for rodents without lights or supervised activity for our children. Mr. Speaker, only last week I spoke to the Minister of Health about the condition of our parks, and so I was impressed that work has already begun in cleaning them up.
Mr. Speaker, Carmichael trusts this F.N.M. government, and we will deliver for the people of Carmichael.
I turn now to the Budget.
THE RULE OF LAW
The late Thurgood Marshall once said:
“In hurrying to erect a more sufficient system of justice, we must not forget that our system derives its strength from the fact that it deals with individuals. To mechanize the system, to make it lose its human element to forget that in every case we are dealing with a human being who, before the law, deserves to be treated as an equal of any man, is to lose that which gives any judicial system its very life” (November 1973 Address to the Association of the Bar of the City of New York. Extracted from “Dream Makers Dream Breachers The World of Thurgood Marshall by Carl T. Rowan).
Mr. Speaker, in presenting this budget in pursuance of it’s Manifesto commitments to improve the Administration of justice for all Bahamians, this F.N.M. government has not forgotten that we are dealing with human beings.
This compassionate budget, Mr. Speaker, is the first step towards our goal in assisting our beloved Bahamaland in erecting a more sufficient system of justice; however, Mr. Speaker, in doing so we have not lost sight of the human element. After all, our goal, as Justice Marshall said is to ensure that every man, woman and child is treated equally before the law.
In this regard, Mr. Speaker, the budget commitments for the Ministry of Legal Affairs starts us on a road towards improving the Administration of Justice. A road, Mr. Speaker, from which there will be no turning back.
In recent times the former Minister with responsibility for Legal Affairs in the former Administration was severely criticized for making statements in Parliament which were perceived to compromise the personal security of a sitting Judge of the Supreme Court.
The former Administration also dropped the ball, Mr. Speaker, for failing to adequately address the issue of judicial salaries in the context of the legislation left in place by the F.N.M. In doing so, they compromised the independence of the Judiciary, and thereby damaged a key pillar of the constitutional freedoms that we enjoy as Bahamians.
Mr. Speaker, the F.N.M. believes in the Rule of Law. We will seek to preserve and protect the independence of the Judiciary and that is why we have made financial provision in this budget for the appointment of additional judges of the Supreme Court together with additional support staff inclusive of an additional Deputy Registrar of the Supreme Court; legally trained clerks to assist the Judges of the Court of Appeal in carrying out their challenging responsibilities; new security officers; and the direct employment of Court Reporters and Senior Court Reporters.
In due course, Mr. Speaker, steps will be taken to ensure that our manifesto commitments of providing financial and administrative autonomy for the judiciary are enshrined in the law so that NEVER AGAIN will an Attorney General or any other member of the executive be able to publicly act in a manner which can detract from our constitutional freedoms in the manner that we saw recently from the former Attorney General.
Mr. Speaker, other issues which affect the Judiciary will be addressed by the Honourable Attorney General in another place. I, therefore now turn to
MAGISTRATES COURTS
Mr. Speaker, under the former administration our Magistrate’s Courts have been allowed to languish and to fall into disrepair. This is of particular concern because it is in the Magistrate’s Courts that most of our people come face to face with our judicial system.
The facilities in many of our courts, Mr. Speaker, are substandard; and in many cases there are areas in the courts which pose a danger to court staff and the public alike. One glaring example, Mr. Speaker, is the condition of the Chief Magistrate’s Court.
Practitioners and member of the public alike are astounded that for some time witnesses in this court and at the Licensing Authority, which is housed in this court, have been unable to go into the witness box to give their evidence. The witness box was allowed to rot, and it was feared that potential witnesses would fall through the floor and hurt themselves.
Mr. Speaker, this is only one sad example of the many that I could choose from among the many to illustrate the effect of five years of neglect of our Magistrate’s Courts, much of which came about because the former administration appointed a part time Attorney General, and kept him in office as Attorney General/Minister of Education for almost four years.
Mr. Speaker, that’s why I’m pleased that the sum granted in this budged for the maintenance of these courts has been increased from a meager $5,000.00 last year to $58,000.00 this year, an increase of over 1000%. We believe, Mr. Speaker, this will be sufficient to effect required repairs until the construction of the new Nassau Street Court complex has been completed.
THE NASSAU STREET MAGISTRATE’S COURT COMPLEX
Mr. Speaker, the Honourable member for MICAL and others opposite have criticized this government for suspending a number of building contracts entered into under the former administration. They have accused us of being reckless; putting Bahamians out of work; and of committing a number of other unpardonable sins. Mr. Speaker, the Nassau Street Magistrate’s Court Complex is a prime example of why these contracts had to be suspended and reviewed.
During last year’s budget debate, the former Attorney General indicated that she expected this complex to be completed in November of last year. As with many other projections by that former Minister, this completion date was wrong, and justice has paid the price of this delay.
Mr. Speaker, reports from the Ministry of Works indicates that millions of dollars have been spent on this complex, which is still not even close to being completed.
In fact, Mr. Speaker, I am advised that the work on this project is almost a year behind schedule; and that at this time we do not yet know when it will be completed.
Moreover, Mr. Speaker, the quantity surveyors who have now been engaged have indicated that the contract price which was negotiated by the former Administration was well below industry standards, and that the remaining work cannot be completed at the contract price without omissions in the scope of works planned or seriously compromising the quality of the work.
As a result, Mr. Speaker, it is estimated that completion of the Nassau Street Court Complex will cost an additional $849,199.18 plus a contingency of $402,787.20, which means that the cost will exceed the contract price by $1,251,986.30; a sum that our tax dollars will have to pay.
Additionally, Mr. Speaker, since the former Administration did not ensure that they signed the contract with a corporate entity, or take the precaution of having the contract vetted by the Attorney General’s Office, the contract appears to be unenforceable should the contractor seek to walk away from it.
As to putting Bahamians out of work, Mr. Speaker, I’m told that this work site has been a mini United Nations, with workers being imported from a number of other countries to do work that Bahamians could easily do.
In fact, Mr. Speaker, when I visited the site several Dominican workers hid from me, while the few Bahamians who were there asked me how could the Immigration Department permit these foreign workers to be imported for routine everyday work while hundreds of Bahamian masons and carpenters are looking for work. So, Mr. Speaker, we can see why the other side doesn’t want these contracts to be suspended and reviewed, but we are acting in the best interest of Bahamian workers and taxpayers.
Mr. Speaker, these costly errors show that under the former Administration, the cost of justice is indeed very high.
Notwithstanding this, Mr. Speaker, we have budgeted $1.5 million to complete the court complex, and it will be completed under this F.N.M. administration. After all, Mr. Speaker, this complex was the brainchild of the F.N.M. In fact, it was under the F.N.M. on 29th November, 2001, that the Minister of Works was first authorized to seek tenders for the construction of this complex; and it is, therefore, poetic that we will complete its construction.
THE REGISTRAR GENERAL’S DEPARTMENT
(i) Automation
Mr. Speaker the Registrar General’s Department has made tremendous strides in automation since the automation project began in the early 1990s under the first F.N.M administration. Both the companies registry and the civil registry have been automated in various phases.
(a) Companies
The Registrar General’s Department will soon be testing and implementing its Process Improvement solution. Once tested and implemented this system will represent a revolutionary advance in the companies registration process. The system will involve electronic registration of company documents immediately upon submission. Registered agents will be allowed to file documents online.
Once the document is in the system the Registrar will then be able to electronically sign the document. This will reduce the turnaround period for incorporation of companies and will produce a more efficient companies system, Mr. Speaker. Process improvement will necessitate that a proper reorganization of the staff be undertaken so that the best talent is utilized in the most effective areas. Measures will also be taken to systemize and improve the filing system for companies.
(b) Civil Registry
The Civil Registry Information System (CRIS) includes the births and deaths registry, the marriage registry and the Deeds and Documents Registry.
Births and Deaths
Mr. Speaker, births and deaths are currently registered electronically. The Registration of births process will soon be made more convenient for the public.
It is envisaged that the Registrar General will establish in conjunction with the Hospitals Authority onsite registration stations at the Princess Margaret Hospital with staff of the Registrar General who will be able to electronically register births at the hospital and thus facilitate members of the public while they are still in the maternity ward. A new mother will thus be able to receive a birth certificate before she leaves the Hospital, Mr. Speaker.
Additionally, Mr. Speaker, consideration will be given to amending legislation to allow for the Registrar General’s Freeport office to be given the authority to register births in Freeport to rectify a growing problem which exists in Grand Bahama where many births and deaths over the past decade are not in the Registrar General’s central database. Currently, Mr. Speaker, the authority to register in Grand Bahama falls within the purview of the Administrator.
Mr. Speaker, the Registrar General has provided computer equipment to a number of administrator’s offices in the Family Islands and has connected them to the Central System in Nassau. Consideration will now soon be given to amending legislation to allow for the Family Island Administrators to be able to issue certified copies of births, deaths and marriages. Family Islanders will then be able to receive those services without having to travel to Nassau. This, Mr. Speaker, is long overdue.
(c) Deeds and Documents
Mr. Speaker, the Government recognizes the importance of having an efficient system in place for the Registration of Deeds and Documents. The Registrar General, as a matter of priority, will investigate and make plans to implement a modern electronic registration system to ensure that documents are recorded and returned to the client with a very short turn around time. The documents will be time stamped to ensure priority. Once implemented, the system will be constantly maintained to stay on the cutting edge of technology to meet the demands of practicing conveyancers.
Mr. Speaker, it is also important that there be a proper system of searches. The Registrar General’s Department has now moved away from the traditional microfilm method of recording to a more modern electronic means of digital scanning.
All of the records dating back to 1863 are on microfilm and need to be converted into an electronic format and accordingly indexed. A local vendor has won the tender bid and appropriate provision has been made in this budget so that the work of digitizing the entire microfilm library may be started in short order.
Once this process has been completed, Research agencies will be able to complete accurate searches ONLINE (for the payment of a user fee). Mr. Speaker, these advances will greatly aid the work of the search departments of law firms and that of the Office of the Attorney General as they will be able to render immediate search results on land acquisition matters.
(ii) Freeport Office
Mr. Speaker, the Freeport office of the Registrar General’s Department has recently relocated to spacious facilities at the Canada Life Building. The Office will be adequately staffed to meet the growing demands for the need of Registry services in the Northern region. Grand Bahama deserves no less, and Mr. Speaker, and we will give them the best.
(iii) Records Management
Mr. Speaker, the Registrar General’s Department is the repository for hundreds of years of this country’s vital statistics. Records of births, deaths and marriages and deeds are stored in folio volumes. These old volumes continuously suffer from wear and tear on a daily basis as the books are accessed continuously.
The Registrar General, in conjunction with the Department of Archives, will undertake an analysis of the records including the storage thereof and implement a solution for the preservation and storage of these records.
Also in conjunction with the Department of Archives, a permanent off site location for the Microfilm library will be located in a hurricane free zone in order that a permanent record of the country’s microfilm will be preserved.
(iv) Intellectual Property
Mr. Speaker, the Registrar General’s Department confirms the government’s commitment to the protection of Intellectual Property. In order to sustain a viable policy of trade, investments and economic growth it is essential that the essential infrastructure, legislation and policy mechanisms be implemented. Over the past year the Registrar General’s Department has taken tremendous strides towards the development of Intellectual Property.
As a member country of the World Intellectual Property Organisation (WIPO), many services are offered to the country at cost to WIPO. Regrettably, under the former administration we have not taken full advantage of the services offered by WIPO, and with the recent visit of Senior Representatives of WIPO The Bahamas we have renewed commitments to strengthening the capacity of the Intellectual Property office in The Bahamas. The Registrar General, Mr. Speaker, continues to play an active role in the regional development of Intellectual Property.
Mr. Speaker, the recent installation of an automation system by WIPO officers will permit us to electronically register all trademarks and patents and thus allow for the timely publishing of Journals in The Gazette. It is incumbent, however, Mr. Speaker, that data be entered in the system. The Intellectual Property section will be strengthened by an adequate staff complement to complete this goal.
Mr. Speaker, it must further be noted that the Copyright Registry also resides in the Registrar General’s Department.
Mr. Speaker, the registration of copyright materials is important for more than legal reasons. Registered materials represent a treasure cove of our country’s culture. With a well established registration and storage system artists and artisans will be greatly encouraged to register their works as well as be encouraged to produce more.
The resulting product will not only add to the cultural trove of the nation but be an increased source of revenue for the Treasury. Thus the Department will examine and implement measures for the proper storage of all registered copyright materials.
Furthermore, Mr. Speaker, the Registrar General’s Department has been in contact with member countries of WIPO who have also confirmed their desire to cooperate with the Registrar General’s Department to strengthen the administration and enforcement of Intellectual Property in The Bahamas.
Mr. Speaker, the Registrar General’s Department will continue to foster a relationship with WIPO and its member countries by participating in regional and international seminars and workshops. As The Bahamas continues to define its role in International Trade negotiation.
The Registrar General will seek through WIPO to advise on the implications of policy and legislation as it relates to Intellectual Property. Through advice from WIPO the government will seek to undertake an Intellectual Property audit of the country’s Intellectual Property assets with a view to developing an Intellectual Property policy for the country.
Mr. Speaker, I now turn to the issue of staffing in the Registrar General’s office
(v) Staffing
Mr. Speaker, the Registrar General’s Department deals with extremely sensitive information. It requires personnel who have the highest levels of integrity, otherwise our birthright can very easily be compromised. That is why, Mr. Speaker, it is so disappointing that the former administration sent scores of persons to work in the Registrar General’s Department without regard to the security implications and possible dangers, and at an annual cost in excess of $400,000.00.
In several cases Mr. Speaker, the Royal Bahamas Police Force advised the Ministry of Legal Affairs that some of these persons should not be hired because of adverse security vetting. In one of these cases a new employee had a pending case before the courts for possession of dangerous drugs.
Notwithstanding the advice of the police; and notwithstanding the security threat that this individual undoubtedly posed; and notwithstanding the best efforts of the experienced administrative leaders in the Ministry of Legal Affairs; and notwithstanding established public service protocol, the former Minister of Legal Affairs directed the Permanent Secretary to immediately withdraw a letter of dismissal for this individual. Mr. Speaker, that just aint right.
Mr. Speaker, the majority of staff members of the Registrar General’s Department are hones and diligent in their work. They are relieved that the political interference has ended, and I know that they will continue to be as productive as possible in the environment in which they work. Accordingly, Mr. Speaker, the final issue that I wish to deal with in relation to the Registrar General’s office relates to
(vi) Working Conditions
Mr. Speaker, the former Administration left the staff of the Registrar General’s office working in what I can only describe as squalid conditions. It made me physically sick when I first visited Shirley Street and saw what the former Administration subjected civil servants to.
Mr. Speaker, I’m not going to describe the conditions that the staff of the Registrar General’s office is subject to on a daily basis, because all decent people who hear of it would be disgusted. I will only say that none of us would wish to have our family members or friends work under those conditions, and it is amazing that staff in the Registrar General’s office have been as productive as they have been under such circumstances.
Mr. Speaker, I do wish, however, to let the staff of the Registrar General’s office know that help and hope are finally here. After five long years, Mr. Speaker, as a part of the trust agenda this budget includes the provision of $2 million for the purpose of ensuring that an appropriate office building will be outfitted for the staff of the Registrar General’s office.
Mr. Speaker, political interference under the former Administration did not stop with the appointment of staff members. It is also reflected in the manner in which they handled applications by persons who applied to be appointed Justices of the Peace, and I now turn briefly to that subject
JUSTICES OF THE PEACE
Mr. Speaker, the Ministry of Legal Affairs has on file approximately 607 applications from persons seeking to be appointed Justices of the Peace dating back to 2002, and another 29 applications dating back prior to 2002.
Many of these names are recognizable as persons who contribute significantly to the spiritual life of our country. However, Mr. Speaker, in its build up to the 2007 general elections, the former administration bypassed this list, and appointed a list of 240 JP’s presented by Members of Parliament from the former administration.
Mr. Speaker, I take this opportunity to apologize to these 636 persons who waited patiently for so many years in the expectation that they would have been treated fairly only to be bypassed in the name of political expedience. We will be reviewing this list and making appropriate recommendations as soon as is practicable.
LEGAL EDUCATION AND THE EUGENE DUPUCH LAW SCHOOL
Mr. Speaker, as early as 1991 the Council of Legal Education appointed a committee to review the feasibility of developing a law school in The Bahamas. This developed from a concern by Bahamians seeking admission to regional law schools who were faced with limited availability of seats for their accommodation.
Mr. Speaker, the Committee submitted a report to the Council of Legal Education in September 1995. This report, known as the Barnett Report, recommended that a third law school be established in The Bahamas.
It was felt that the establishment of a law school in The Bahamas would ease the pressure on the other law schools in Jamaica and Trinidad, and create additional opportunities for Bahamian students to read law, and thus to improve our local jurisprudence.
Mr. Speaker, when the F.N.M. administration agreed to the establishment of the Eugene Dupuch Law School as the third law school in the region, it was a condition of that agreement that the government of The Bahamas would construct a building to house the law school in the shortest possible time.
Mr. Speaker, prior to the F.N.M. demitting office in 2002, it put in place the completed set of architectural drawings for the law school. The site at which it was to be located had been determined, and the pre-qualification (Site Preparation Works) notice had gone to tender.
By April, 2001, four heavy duty construction contractors tendered bids for the site preparation, with the lowest bid coming in at $844,510.00.
Regrettably, the tragic events of September 11, 2001 and the destruction of the Local Bahamian Straw Market in New Providence as well as the devastation wrought by Hurricane Michelle, and their attendant combined financial implications for The Bahamas’ economy caused the project to be delayed.
In 2002, the new P.L.P. administration determined that the $844,510.00 to prepare the Thompson Boulevard site for the education of bright young Bahamians was too costly. They didn’t want to pay the required costs, and so they sought an alternative site.
This took some time, but eventually a site was found which the former administration believed would suit their needs, and in their opinion, would save the government close to $1,000,000.00 in site preparation works.
Not only did they change the site, Mr. Speaker, but they also scrapped the drawings and terminated the contract of the Architect at a cost to the Bahamian taxpayer of $234,371.98.
They, therefore, wasted five years seeking a new site, scrapping the approved drawings, and commissioning new drawings which to this date are still incomplete partially due to the fact that it was difficult to confirm the condition of the land, which had varying elevations, sinkholes and possible cave formations.
Mr. Speaker, by December, 2006 the former administration determined that it was time to create a photo opportunity, and accordingly, they scheduled ground breaking ceremonies for the new law school, and invited distinguished guests to join the then Honourable Attorney General of The Bahamas, the President of the Council of Legal Education and the family of the late Eugene Dupuch after whom the school is named to participate in ground breaking ceremonies for the construction of the law school on property located in the vicinity of St. John’s College playing field on Thompson Boulevard.
Mr. Speaker, what was so egregious about this is that they did not yet own the land. They were in negotiations for the purchase of the property but had not yet concluded the purchase in order to have it conveyed.
Yet, the former Attorney General against the best advice orchestrated a sham of a ground breaking ceremony on property on which she and all of her guests were then trespassing; and this came after she had been advised by her own professional staff not to do so, and after the Ministry of Works had written to the Attorney General’s Office to indicate that the owners did not agree to them clearing the land, and consequently that they did not have the legal authority to do so. Mr. Speaker, in going ahead despite professional advice to the contrary, the former Attorney General made us the laughingstock of the region.
Mr. Speaker, it is now the responsibility of this government to conclude negotiations with the owners of the land for the purchase of the property so that we may lawfully proceed to construct the law school.
Mr. Speaker, it also turn out that the $1 million dollars they though was too much for site preparation of the original site is now likely to increase to over $2 million for the purchase of the land. Moreover, the estimated cost of the site work at the new location is estimated to be $1,129,425.00, which represents an increase of $284,915.00 over the initial price that the former administration thought was too expensive.
Added to this is the cost of the opportunity lost to a generation of young Bahamians who have forever lost their opportunity to study law because the former administration in being penny wise and pound foolish did not factor them into their five year delay.
At the end of the day, Mr. Speaker, it is the Bahamian taxpayer who will have to pay these additional costs.
Nevertheless, Mr. Speaker, this F.N.M. government has made provision for the land to be purchased, and has budgeted $1.5 million to begin the construction of a law school which will make Bahamians proud.
In order to do so, Mr. Speaker, we will also seek to have reinstated the $1.5 million CARIFORUM European Union grant. It is important to note, Mr. Speaker, that in seeking to secure this funding from the European Union this F.N.M. government is only seeking to have reinstated a portion of the $2 million grant which the previous F.N.M. administration had secured from Cariforum, but which was withdrawn as a direct result of the P.L.P. administration’s dilly dallying with the construction of our law school.
THE INDUSTRIAL TRIBUNAL
Mr. Speaker, when the previous F.N.M. administration amended the provisions of the Industrial Relations Act in 1996 it sought to give the members of the Industrial Tribunal protections similar to those enjoyed by Judges of the Supreme Court.
In particular, the law provides that the salary of the holder of a Tribunal office shall not be altered to the disadvantage of such an office holder while he is in office.
Mr. Speaker, the F.N.M. enacted these provisions into the law because we respect the rule of law. The F.N.M. also realized that holders of judicial office needed to be protected from unscrupulous administrations, or administrations which may seek to ignore the law, much as the provisions of the Judges Remuneration and Pensions Act largely ignored by the former administration.
The reason for this, of course, Mr. Speaker, is that the officers of the Tribunal need to be fully independent of the Executive. They need to feel that they can deliver judgments in favour of the small man notwithstanding the views of any politician.
Regrettably, Mr. Speaker, the former administration altered the conditions of service of Vice Presidents of the Tribunal by downgrading their salary scales and depriving them of increments.
Mr. Speaker, such actions raise serious issues with respect to the ability of the Executive to negatively impact the lives of Tribunal members, so as to create the perception of government attempting unfairly to influence the decisions of the Tribunal.
Mr. Speaker, this and other critical issues with respect to the independence of Tribunal members were drawn to the attention of the then Minister without any tangible result.
Today, however, Mr. Speaker, I can tell members of the Tribunal that the law Reform Commission at the Ministry of Legal Affairs is in active consultation over draft legislation with a goal of creating a labour side of the Supreme Court so that all of those who make decisions which affect the public will themselves be protected from the arbitrary acts of government.
LAW REFORM
Mr. Speaker, ongoing effective law reform is critical to meeting the needs of civilized society.
The law reform commission has a general function of preparing revised educations of the existing laws with a view to the repeal and elimination of all obsolete or archaic laws and ensuring that our laws are kept current.
In her contribution to this debate last year, Mr. Speaker, the former Minister with responsibility for Legal Affairs promised an aggressive legislative agenda. Regrettably, she fell far short of the promises that she made.
The Justice Protection Act was promised, and passed. In fact, it was gazzetted as early as 5th May, 2006. The purpose of this Act was to protect persons appearing as witnesses in judicial proceedings. Regrettably, the critical provisions for ensuring the safety of witnesses were never brought into force; and accordingly, witnesses still do not have the full protection that the law promised. Not to worry, however, Mr. Speaker, we will fix this problem.
Another egregious example of the former administration’s failure in the area of law reform is their failure to bring the Child Protection Act into force; and so they left office with this law not in force after it had been gazzetted since 16th January, 2007.
Not to worry, however, Mr. Speaker, we will ensure that out vulnerable children are protected.
Mr. Speaker, among many other prospects the Law Reform Commission is currently engaged in drafting legislation to
- amend the criminal law affecting issues relating to sexual offences, child pornography and criminal responsibility;
- introduce competition law to curb monopolies;
- create a Freedom of Information Law;
- create a code of conduct for Parliamentarians and related offices;
- establish the office of Ombudsman;
- integrate the Industrial Tribunal within the Supreme Court.
The promised Pharmacy Bill, Nurses and Midwives Bill are also getting their full attention, as well as issues related to informed consent for medical treatment, forestry legislation and a much needed revision of the Probate Rules.
Mr. Speaker, we will be carrying out our ambitious law reform agenda in accordance with the vision of our Prime Minister. Accordingly, Sir, members will appreciate Parliament is going to have to meet much more frequently than it did over the last five years. In other words, the five year holiday is over.
FINANCIAL ISSUES
With this budget we are also considering certain appropriation bills. The former administration cannot feel good that we are obliged to pass a Bill to agree to pay $588,850.00 in unbudgeted legal fees for foreign lawyers, some of which was incurred in advising the government after it failed to follow the law as it is found in the Judges Remuneration and Pensions Act.
The fact, Mr. Speaker, that we now seek to pass a Bill to provide $633,929.63 for unbudgeted office furniture and payments under an unbudgeted contract for the Registrar General’s office, cannot be seen as complimentary to the former administration.
Mr. Speaker, that is why the Right Honourable Prime Minister’s covenant with the Bahamian people in this year’s budget communication to submit a mid year budget statement as a measure of ensuring that all agencies stay within budget is so important.
I congratulate him on his foresight and true fiscal prudence.
Mr. Speaker, as I conclude this contribution, I deem it a great privilege to salute our extremely dedicated, hardworking educators throughout the Commonwealth of The Bahamas, and particularly those in the Carmichael Community.
As the son of two distinguished educators, I am extremely aware of the many sacrifices that our teachers make in their personal lives as they contribute to the development and education of our children.
That is why, Mr. Speaker, I was extremely pleased to have attended the graduation ceremonies of the Gerald Cash Primary School today, and I wish to congratulate Mrs. Sylvia Stubbs with her administrative team of Mrs. Rolle, Mrs. McDonald, and Mrs. Lowe together with all of the teachers.
This is my seventh consecutive year attending graduation ceremonies at the Gerald Cash Primary, Mr. Speaker, and I am convinced that it is one of the best primary schools in this country.
In particular, Mr. Speaker, I commend and salute FREDRICA BRIDGEWATER and SHERYL EVANS for being honoured for their exemplary academic achievements at the Gerald Cash Primary School, and I wish them well as they move into High School.
Likewise, Mr. Speaker, I congratulate DONOVAN PICKERING and OPRAH JOHNSON of the Carmichael Primary School, who will receive similar honours at their graduation ceremonies tomorrow. I realize that they have had a difficult school year.
Under the former administration the courtyard at Carmichael Primary School was dug up and left in a state which was extremely dangerous for our children for almost a year. Broken pipes with exposed electrical wiring made going to school an even more dangerous event for our children.
Thankfully, however, Mr. Speaker, on 2nd May, the people of Carmichael voted for better. This F.N.M. government has delivered a full time Minister of Education. Both he and the Minister of Works have already visited the Carmichael Primary School, and have assured me that this appalling and dangerous state of affairs will be dealt with swiftly.
Accordingly, Mr. Speaker, I am pleased to report to the parents of Carmichael and Golden Gates that this caring F.N.M. government will ensure that the premises at Carmichael Primary School will once again be safe for their children.
Mr. Speaker, Carmichael is a special place to live. Even though I am new to this place, I have served the people of Carmichael faithfully for 5 years. I am extremely grateful for the trust that the residents of Carmichael have put in me, and I pledge to work every day to make Carmichael even better.
I support this budget.
