The Tribune

A TRIBUNE reader has sent us a news flash from Holland that reports that the US government’s eavesdropping has resulted “in an attack on the Netherlands being averted”.

According to the report: “The information picked up by the American security service phone tappers led to an attack on the Netherlands being averted, according to a Dutch government report, which does not go into further details.

“The government’s security and information commission says in its annual report that 26 attacks in Europe were averted thanks to information from the NSA’s phone and internet tapping practices.

“‘The commission was told that thanks to Prism, 26 attacks (in Europe, including one in the Netherlands) were averted,’ the report states.

“It does not give any further information.

“Prism is the official name given to the NSA’s eavesdropping practices, which were publicised by whistleblower Edward Snowden.

“US president Barak Obama had said attacks in Europe had been foiled because of Prism information when he was commenting on the row in the aftermath of the leaks.

“The commission is made up of the parliamentary party leaders and is kept abreast of the work of the Dutch secret service.”

Here in Nassau, Bahamians are worrying about a Snowden report that the US National Security Agency (NSA) is recording and holding for 30 days every cell phone conversation made in the Bahamas.

According to the NSA, it “provides valuable intelligence on issues of concern to all Americans – such as international terrorism, cyber crime, international narcotics trafficking and the proliferation of weapons of mass destruction”.

NSA said that “the fact that the US government works with other nations, under specific and regulated conditions, mutually strengthens the security of all”.

Instead of being distracted by what the Americans might be doing with our cell phones and who gave them permission — if any was ever given — Bahamians should rather focus on what is being done in our own country and by our own government’s secret service.

National Security Minister Dr Bernard Nottage recently dismissed as “foolish” FNM Deputy leader Loretta Butler-Turner’s suspicion that the Bahamian government is spying on Bahamians.

Mrs Butler-Turner questioned whether the National Intelligence Agency (NIA) was a threat to the Bahamas’ democracy and independence. She pointed out that the NIA did not appear to have any legal standing as no legislation had come before the House to set it up, nor was a budget ever approved by the legislators to enable it to operate, yet, she said, it seemed to be engaged in domestic spying on Bahamians.

Dr Nottage vehemently denied that this was so. But when a reporter reminded him that the Christie administration had failed to bring legislation to the House on the matter, he became defensive. A Tribune reporter told him that Bahamians had no idea what was happening with the agency.

“How does she know that?” Dr Nottage barked back in reference to Mrs Butler-Turner. “What does she mean? What you mean nobody knows what’s going on with it? I have an idea of what’s going on. But I don’t care to deal with that now. I am not checking anybody’s private business. We are after criminals,” Dr Nottage replied.

The agency might well be after criminals, but where are the legal brakes to prevent them going outside of those parameters and start looking further afield, for example, at the activities of their political opponents? Such an agency in the hands of investigators looking for criminals is probably a helpful investigative tool, but it is also too dangerous to operate without being bound by very strict rules that when breached can be challenged in a court of law.

Later that afternoon in the House of Assembly, Dr Nottage said that he was very well aware of what was going on in the Ministry of National Security.

While this government is holding Americans up to find out what they are doing in our country, Bahamians have a right to demand an explanation from their own government as to what they are up to and whether their own privacy is being threatened without cause by their own government.

FNM Leader Dr Hubert Minnis has demanded that the NIA be shut down until there is a legal framework to govern its operations.

Dr Minnis said he was informed that the NIA operates with a staff of 14 Royal Bahamas Defence Force officers, five Royal Bahamas Police Force officers, three Customs officers and two immigration officers. Former RBDF Commodore Clifford “Butch” Scavella heads the organisation. Minnis said he understood that Mr Scavella was earning $72,000 per annum.

“We in the FNM, nor anyone in the general public,” he said “know the terms and conditions of the retired Commodore’s contract. For example, to whom is he required to report? Does he report to the Minister of National Security whose general disposition is that he does not know what the law enforcement and intelligence gathering agencies of the government are doing? What laws and regulations are the head of NIA and his office required to observe and respect?

“We also do not know,” said Dr Minnis, “what kind of information the agency is gathering, at whose behest the information is being gathered, what means and mechanisms are being employed in the gathering of information and what becomes of the information once gathered. How is the information stored? To whom is the information gathered being delivered and for what purpose?“

Dr Minnis said that this is why “the FNM believes that it is important for the government of the Bahamas to provide to the Bahamian people full disclosure of the mission and modus operandi of the National Intelligence Agency. This is required of national intelligence agencies in the most sophisticated and powerful democracies around the world. It must be also in our small democracy”.

If Dr Nottage has an idea of what’s going on, his dismissive remark that he doesn’t care to deal with it right now is not acceptable. He has been sent to parliament to take care of the people’s business. When the people, through their MPs, call for an accounting, he is duty bound to account. No one is interested in whether he cares to deal with it or not, or whether the time is convenient. This is what he is being paid to do.

In August, 2012 — that’s almost two years ago – Dr Nottage said that as promised government was moving ahead with the formation of a National Intelligence Agency (NIA). It was to be represented by all branches of law enforcement. At that time, he said it would be formed in short order.

“We are establishing a National Intelligence Agency, which is akin to a Secret Service type of function,” he said at the time.

“If we are going to protect our borders, if we are going to reduce crime, if we are going to maintain safety and peace, then we have to have first-class intelligence,” he told the press after a tour of the Defence Force base at Coral Harbour.

He said that as it now exists the various law enforcement agencies were working alone and not sharing their information. It was thought that they would be more effective in fighting crime if they could work together. It would help the government, said Dr Nottage, for them to maximise their use of resources in the fight against crime, particularly international drug trafficking.

“The criminal elements,” he said, “have proven to be very resilient and creative in finding alternative ways to continue their illegal activities. As a result, law enforcement agencies must remain ahead of the curve in finding measures to destroy the repulsive activities of drug dealers.”

There is nothing wrong with this objective, but Bahamians must not allow the issue with the Americans to distract them from demanding information on what our own spy agency is doing within our own country. Without strict legislation and control to keep them focused on criminals, this is the agency that threatens our privacy and freedoms even more than the Americans.