The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Governance reformers yesterday said “the proof of the pudding will be in the eating” over the Davis administration’s pledges to enact anti-corruption and campaign finance reforms.

Matt Aubry, the Organisation for Responsible Governance’s (ORG) executive director, told Tribune Business that while it was “great to hear” such promises so early in the new administration’s tenure more needed to be done to foster confidence that these changes will actually happen.

Pointing out that such reforms, along with full implementation of the long-awaited Freedom of Information Act, never occurred under the two previous administrations despite similar promises being made, he added that more details and enactment timelines were required on all proposed governance-related reforms.

Mr Aubry spoke out after Michael Halkitis, minister of economic affairs, launched the Senate’s Speech from the Throne debate by affirming that the Public Disclosures Act will be reformed to include unspecified campaign finance reforms.

“We will make amendments to the Public Disclosure Act to include campaign finance reform, with prosecution of those who run afoul of the law. We know that it is not just important for the rule of law to be observed. There must also be the perception that the rule of law is observed,” Mr Halkitis said.

“Many members of the public feel that the application of justice depends on the socio-economic background of the accused. Whether there is truth to this or not, it is problematic that members of our society feel this way. We are putting in place the framework to ensure that when those at the top break the rules, they are held accountable.

“Our anti-corruption legislation will enforce higher standards of conduct for public officials. Senior officials will be called on to lead by example. This idea that there are different rules for the political class and the common man must be done away with.”

Similarly, Ryan Pinder, the attorney general, said the Davis administration was “committed to the implementation of the Freedom of Information Act”. He added that the Government was seeking to relocate the Freedom of Information commissioner, retired Supreme Court justice Keith Thompson, from premises where it was impossible for him to fulfill his mandate.

“As part of the implementation process, ten entities have been identified as part of the pilot programme of the rollout of freedom of information,” Mr Pinder said. “We are committed to implementing this example of transparency and good governance consistent with the charge given in the Speech from the Throne.”

In response, Mr Aubry told this newspaper: “It’s encouraging to hear some of these things, but the proof is obviously in the pudding. When and how we move these forward will be important.

“Execution is a challenge. Execution has been a challenge not only in The Bahamas but regionally. Bureaucracy, and change in the public service, is a difficult thing. We need to work on the civil service being as efficient and effective and right-sized as possible.”

He voiced reservations about the plan to include campaign finance reform in an amended Public Disclosures Act, which mirrors what the former Minnis administration had planned to do. “The strongest campaign finance legislation is one that stands alone as opposed to being embedded with other legislation,” Mr Aubry said.

Calling for the Government to detail how such legislation will be structured, and “the mechanics” for how it will be rolled out and function, he added that it was vital for an independent body to handle anti-corruption complaints given the inter-locking family and political relationships that dominate Bahamian society.

“One of the things we know is that having an independent body to review claims of corruption is clearly the modern standard, particularly in an environment like ours where there’s a heavy political agenda and so many strong connections between families and groups,” the ORG chief told Tribune Business.

“Having an outside body is not only an important step to having the claims addressed as they come forward, but is also important to address the perception of corruption. We hope to see that mechanism in the legislation.”

Mr Aubry said ORG and civil society were also “anxious” to see the full implementation of the Freedom of Information Act “move forward as quickly as possible”, adding that the governance-minded group was willing to participate in public education campaigns related to its use once a roll-out plan was developed.

“It’s important to understand there’s a full plan to roll that out once all areas of government open up and comply with the Freedom of Information Act,” he added. “It’s great to have ten pilots, but we want to understand the progress and plan for all other agencies to be included and citizens to use this legislation as is there right.

“We understand this is just a debate related to the Speech from the Throne, but we want to see as much detail as possible. Understanding how they are going to execute this legislation and when is important, particularly given that we had these types of legislation put forward under the past two administrations and did not see much progress.”

The Prime Minister, in the run-up to September’s general election, said the Progressive Liberal Party (PLP) would pass the anti-corruption legislation that the Minnis administration stalled on during its first 100 days in office.

Keen for that to happen, Mr Aubry said: “We’re really hoping this is a priority on the legislative agenda so we can see movement, but it’s going to require consultation with the public and various stakeholders.

“We want to make sure that happens, and the legislation is viable and inclusive to the needs of citizens. It’s a pretty tight timeline. We’re ready to move if they’re ready.”