The Tribune

EDITOR, The Tribune.

As a trained lawyer, albeit a defrocked one, it is my considered opinion that the proposed referendum will fail for several reasons unless the gold rush administration takes drastic measures to prop up the same.

A referendum, such as the one we supposed is being proposed by the PLP and its leadership, is meant, constitutionally, to validate a Bill or Bills passed by Parliament.

There is/are no such Bill or Bills which would have been passed by Parliament to authorise the legalisation and/or regularisation of web shops and/or number houses.

It is not meant to be a poll of public opinion. It is as simple as that.

That being the case, upon which basis is the proposed referendum being put to the electorate?

Parliament must first see the introduction of the appropriate Bill or Bills. There must be the usual debate and vote. If passed, the Bill or Bills should then be validated by a constitutional referendum.

It would appear that the cart is being placed before the horse. Let me be clear. I support wagering and I have absolutely no difficulty in legalising and regulating web shops and number houses.

What I have a difficulty with, however, is the fact that the entire process is flawed and has become grossly contaminated to the point where the gold rush (and this is a rushed and un-thought out exercise) administration will have to start from scratch.

The FNM laid down the precedent back in 2002. The Bills were first passed in Parliament and then put to the electorate after the dissolution of the same via referenda.

Of course, they were massively rejected, as they should have been, by the Bahamian electorate.

Not only were those Bills flawed in the way they were framed but the questions were asinine in the extreme, with all due respect to the draftsmen/women.

Another issue which no one seems to be checking for is the consequences of legalisation and just how it will come about seeing that it is alleged that over four hundred dollars is generated annually by the web shops collectively.

Will the proposed tax be retroactive and how will the government determine just how far back it should go and just what percentage will be levied?

Is it being proposed that there will be legalisation with no consequences based on past revenues and profits? Is it being proposed that the operators, who are all well known within the community, will be enabled to enjoy the fruits of what the politicians, of all stripes, say or alleged is the profit from a

quasi-illegitimate enterprise? Is the gold rush administration complicit in a massive charade to take the people of this nation down the garden path?

To my personal knowledge, at least three former cabinet ministers, from both PLP and FNM administrations, are actively lobbying (for pay) on behalf of the web shop and number houses operators.

There is nothing wrong with this but we should know who the players are. No pun intended.

I have no problem with people lobbying and I am more than prepared to do the same.

The operators have been good to me, personally, and they support most of the charitable initiatives which I have launched. While I thank them for that, let us be clear on crucial issues.

The gold rush administration is seeking political cover on this issue and I have no problem with it doing just that.

What it has to do, constitutionally, however, is to introduce the appropriate Bill/Bills in Parliament. Debate and pass them, then hold a referendum. To do otherwise would make a mockery of the constitution.

What happens if the proposed referendum succeeds and a majority of Parliamentarians vote no to legalisation of the web shops and number houses? Is the referendum legally binding on members of both houses?

Is it possible, legally and constitutionally, to bind the collective hands of parliamentarians, in advance of an issue being debated and passed in Parliament? I submit that such a scenario is not possible.

The PLP is playing with constitutional fire and it will be badly burnt if it does not pause; reflect and step back.

It is now clear to me at least that this whole issue has now become a distraction to the real issues which plague this country. Massive unemployment still exists. Crime is still far too high. The economy is still suffering and we have already gone over our fiscal cliff. Teenage pregnancies remain unabated.

The church is in shambles and our erstwhile politicians are still playing the things with the big ears and the short tails. We all realise that wagering is now an integral part of our cultural and economic way of life. Referendum or no referendum the three and four balls will go on. To God then, in all things, be the glory.

ORTLAND H BODIE JR

Nassau,

December 1, 2012.