The Tribune

By KHRISNA RUSSELL

Deputy Chief Reporter

krussell@tribunemedia.net

THE Bahamas Bar Association yesterday rejected a key portion of the Minnis administration’s newly passed Immigration Amendment Bill 2019, calling it “deconstructive” and a move against the nation’s best interest.

The legal body is in opposition to one of two amendments to the Immigration Act that provides for work visa exemptions to visitors for a myriad of professional and commercial purposes. Such persons would be allowed to enter the country in 14-day intervals for attending a conference or seminar as a participant, excluding organisers of the event; attending a trade show or summit, excluding organisers or working as a non-executive director of a business being carried out in The Bahamas among other things.

Kahlil Parker, BBA president, noted the body had not been consulted prior to the amendment’s passage, adding if it had been it would have highlighted the effective curtailment of immigration officers on the frontline to carry out meaningful discretion.

Yesterday the bill passed in the House of Assembly, but only marginally.

This is because 17 members of Parliament were absent during the division stage, including opposition representatives Englerston MP Glenys Hanna Martin, Exuma and Ragged Island MP Chester Cooper and Mangrove Cay and South Andros MP Picewell Forbes. Cat Island, Rum Cay and San Salvador MP Philip “Brave” Davis, Official Opposition leader, was present and was the only member to vote against it.

Pineridge MP Frederick McAlpine abstained from the vote.

Two backbench MPs – Golden Isles MP Vaughn Miller and Centreville MP Reece Chipman — were also absent, but re-entered the gallery immediately following vote tallying.

It meant that only 19 government MPs voted in favour of the bill’s passage.

Meanwhile, the BBA further said the bill promoted The Bahamas as “open for business”.

“Sovereignty, [often times] a hard-fought privilege, is the solemn responsibility of a nation and its government,” Mr Parker said in a press statement. “Contemplating sovereignty is both sobering and useful as it focuses the mind when considering the proper aims and objectives of any immigration regime. Although the Bahamas Bar Association was not consulted with respect to the proposed Immigration (Amendment) Bill 2019, we are nevertheless mandated to promote positive law reform, and to decry reforms which potentially threaten not only our profession but those of our fellow Bahamians and our way of life.

“By this amendment, the government proposes to divest itself of responsibility for the regulation of the engagement of visitors to our shores in a myriad of professional and commercial activities, ostensibly on the basis that they would only be permitted to do so in ‘14-day’ intervals. While the administrative unworkability and undesirability of this aspect of the amendment is manifest, what also causes concern is that the government has yet to articulate how the amendment, merely the latest deconstructive immigration proposal, is to add substantive long-term value to the professions and day to day lives of working and middle-class Bahamians.

“Had there been proper consultation, for example, we would have been able to explore the fact that effectively depriving immigration officers on the frontline of any meaningful discretion is not practical and does not appear to be in our national interest.”

He continued: “As a professional regulatory body, we consider the amendment part of a broader effort to arbitrarily undermine our ability to discharge our functions and the ability of our members to develop their businesses in order to take advantage of the often touted and fabled foreign direct investment.

“It is clear that the government’s spin on its immigration reform agenda is aimed at promoting The Bahamas as being ‘open for business’. However, as Bahamians and professionals, we must necessarily, and repeatedly, remind our government that their first priority ought to be ensuring that Bahamians are able to remain open for business. We oppose the amendment as presented and reject the pernicious ‘trickle down’ thinking upon which it appears to be based.”

The amendment also provides provisions for the BH-1B visa and the BH-4S permit.

The BH-1B work visa makes it law for a work visa biometric card to be granted to anyone who has permission to engage in gainful occupation in The Bahamas that has a specified commercial enterprise certificate under the Commercial Enterprises Act, 2017.

The BH-4S permit means that a permit biometric card allows the spouse or dependent child of a BH-1B work visa holder to reside in The Bahamas and enrol in educational institutions during the duration of the permit.

The amendment now has to go to the Senate for debate and passage.