The Tribune

By TANYA SMITH-CARTWRIGHT

tsmith-cartwright@tribunemedia.net

THE Senate last night passed legislation that will lead to the end of suspensions of certain provisions put in place under the state of emergency.

The COVID-19 Pandemic Special Provisions Bill 2021 addresses the suspension of local government elections and school board elections as well as the suspension of the renewal of permits under the Immigration Act, among other things, which were in place during the state of emergency.

The state of emergency ends tomorrow, however, health and safety regulations which were tabled in the House of Assembly earlier this month will come into force and empower the Ministry of Health and Wellness to manage the ongoing pandemic.

Attorney General Ryan Pinder, while presenting his contribution to the debate on the legislation, pointed out that due to the Emergency Powers Orders, certain rights, obligations and laws were suspended.

“This is truly a new day,” he said. “It’s a new day where immediately upon coming to office this PLP government has committed to deliver on core principles of the mandate that the people of The Bahamas gave us.

“This Bill is an example of just that.

“The Bill we debate today is the last piece to transition the country out of a state of emergency which has lasted in excess of 18 months into a state of normalcy – into a state where we do not govern ultra vires to the laws of The Bahamas in a state where we become regularised in our day-to-day activities as a country.

“It is important for the Bahamian people to know that under the state of emergency, certain rights and obligations and laws were suspended. Once the state of emergency expires, which will occur (at) midnight tomorrow night, it is important for the state of the country that we transition smoothly out of that state of emergency.

“There are certain provisions as mentioned that were suspended according to the Emergency Powers.

“I will summarise all of the provisions in the interest of the Bahamian people and members of the Senate.”

Mr Pinder listed the points of the Bill that he wanted to emphasise – provisions that were suspended that will now resume.

“This Bill seeks to permit adequate time for the conducting of local government elections and school board elections,” he said. “Local government elections had been suspended beyond the period of time permitted in the Local Government Act and the same for the school board elections.

“We seek to continue this in a transition period of 90 days to allow for the proper and orderly conducting of these elections. Certainly if we can hold a general election in this country we can certainly hold local government and school board elections.

“I am informed that the minister of local government has set a time for elections in the first quarter 2022 within the prescribed 90 days that this Bill gives.

“We look forward to the resumption of local government elections and their conduct in the Family Islands.”

Mr Pinder also shed light on payment methods practised by the National Insurance Board which he considered unlawful.

“We look to continue to provide the safety and support to the Bahamian people who need it most by not interrupting the method of payment of their NIB benefits,” he said.

“NIB during the state of emergency was utilising payment service providers to be able to electronically pay benefits to the Bahamian people.

“The use of these third party payment providers is in contravention of the Data Protection Act because NIB is sharing individual’s data with third parties without their explicit consent.

“We certainly think it is imperative that we do not interrupt the payment of support benefits to Bahamians who need it most.

“In that vein this Bill seeks to extend for a three-month period, the ability for NIB to continue paying in this fashion. NIB will have three months to find a viable solution to electronic payments of benefits to the Bahamian people.”

He said officials at NIB are comfortable that this is enough time and he said the government is not interested in giving more time than that.

Moving on to another point addressed in the Bill where immigration approvals were practically suspended during the pandemic, Senator Pinder said business will now resume.

“This Bill seeks to provide an extension under the Immigration Act,” he said.

“During the state of emergency there would have been work permits and residency visas that would have expired and due to lock downs and the rotation of the civil service and the like, the expiration of these work permits and visas were suspended.

“Now it would not be prudent if we, on Saturday, November 13, would cause for all the people who were unable to renew their work permits and visas to be automatically in contravention of the law and illegally in The Bahamas.

“Through consultation with the Department of Immigration they feel three months is an adequate time to have renewal applications submitted, processed and approved or declined according to normal policies and procedures of the Department of Immigration.”