The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

FORMER Immigration Minister Elsworth Johnson said the Immigration Act and accompanying regulations give ministers limited freedom to interfere in the administrative and operational affairs of the Department of Immigration.

He argued that a minister intervening to approve a work permit for someone facing deportation or preventing people from being processed following established procedures could be unlawful.

His comments came as the Free National Movement intensified its scrutiny of Immigration Minister Keith Bell, alleging multiple instances in which his direction superseded the conclusions of senior immigration officials.

 Privately, some defenders of Mr Bell said such directives are common and have happened in multiple administrations. Critics have also long acknowledged the wide-ranging powers ministers are legally granted. 

 However, Mr Johnson insisted some interventions by politicians are breaches of the law. He said he never intervened to help someone facing deportation get a work permit.

 “You went home,” he said. “I never did that. As a matter of fact, I was requested to do that by someone very powerful, and I said no. As a matter of fact, I know it was a Chinese in charge, and there were persons who were rumbling that they should get some immigration status or designation, but the immigration director drafted the deportation orders and I signed it. There were some persons who were very hurt about that.”

 “Under the Immigration Act, there is a board of ministers that is chaired by the prime minister, and the minister has general superintendence of the department, but administration is done by the director.

 “The minister operates at a policy level, and that is why you have an efficient public service which is basically headed by the permanent secretary. The minister, the board or the prime minister can give general or specific directions to the director of immigration, but the act requires that it is done in accordance with the provisions of the act.

 “The immigration officers are given the powers of a police officer to conduct their duties, and anyone preventing them from conducting their duties can be held liable for that. The minister, the board or the prime minister cannot give the director of immigration instructions that are adverse to the provisions of the act.”

  Immigration Director Keturah Ferguson expressed deep disapproval when Mr Bell intervened to release 65 Chinese nationals staying at the British Colonial Hilton in January, saying the intervention undermined her department’s work, including its ability to counter human trafficking.

Mr Bell reportedly said he was acting at the direction of Deputy Prime Minister Chester Cooper.

During a press conference on Sunday, FNM leader Michael Pintard outlined several other examples of Mr Bell allegedly interfering with the work of immigration officials to help people who would have otherwise been deported or denied status.

“A number of concerns have been raised with respect to several immigration enforcement matters,” the Office of the Prime Minister said in a statement yesterday. “We take such concerns seriously; Bahamians deserve the facts. We are working to pull together detailed answers to address these concerns and look forward to releasing those in short order.”

Nonetheless, Mr Johnson said it is concerning that Director Ferguson felt strongly enough to express her concerns as she did in her January 18 letter. 

“She identified a real concern that those persons may have been trafficking,” he said. “There’s an international convention that we’ve signed on to, and there’s a Convention of Trafficking Act that outlaws trafficking, so if they are performing their legitimate duties, no minister has the authority, even though he has some degree of discretion, to invite the director and the persons appointed to breach the act.”

“It should never be that the director has taken a stance and the director is embarrassed by the minister. You don’t do that to your men and women.”