The Tribune

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

LEGISLATORS passed amendments to the National Crime Intelligence Agency Act yesterday –– but not before Michael Pintard condemned Prime Minister Philip “Brave” Davis for failing to confront provisions he deemed “dangerous” and “unconstitutional” while in opposition.

Mr Pintard said despite the amendments, the law was largely the same as the one the Minnis administration passed in 2019.

In 2019, Mr Davis expressed concern about the minister’s authority to issue specific and general directives that the agency’s director was required to follow, describing this as troubling. He said this arrangement effectively established a spy agency, noting its capabilities included monitoring potential espionage and external threats to The Bahamas.

He highlighted sections of the bill that he deemed unconstitutional and argued that the bill failed to establish a valid justification for questioning people, seizing mail, or demanding the submission of documents. He stressed the need to have reasonable grounds to suspect someone posed a threat to national security before taking such actions and likened the situation to a scenario where someone could be approached on Bay Street by an agent who could interrogate them and subsequently detain them or impose a fine for refusing to answer.

Yesterday, Mr Pintard said the same provisions several senior members of the current administration had opposed and voted against while in opposition remained despite other amendments.

Mr Davis acknowledged his past comments about the bill but said he would not challenge it at this time.

“The court will have to decide that now,” he said. “My views are that we have the law in place, and those who would want to challenge it have the right to challenge.”

Mr Pintard dismissed this explanation as “unreasonable,” arguing that Mr Davis had the power to amend various provisions if he wished.

Mr Davis responded that he would not amend a bill just to suit his personal preferences, adding: “That’s not what parliamentarians are about.”

“The amendments today do not change much, but just ensure that we are in the position to make sure the bill is effective,” he said. “It’s not about what is constitutional and unconstitutional, not now.”

The National Crime Intelligence Agency Act granted expansive powers to a secretive organisation conducting covert intelligence-gathering activities.

The amended bill aims to enhance the agency’s ability to gather and analyse intelligence for national security purposes.

One change is renaming the agency from the National Crime Intelligence Agency to the National Intelligence Agency.

Government officials said focusing solely on crime limited the agency’s scope and hindered its ability to address security threats.

Additionally, the amendment bill establishes an independent National Intelligence Agency Commission, tasked with overseeing the agency’s operations, including appointments, promotions, and disciplinary actions, to ensure it functions with integrity.

The commission would consist of a chairman, a deputy chairman, a counsel, an attorney with six to ten years of experience, and two additional members appointed by the Prime Minister after consultation with the opposition leader.

Ineligible commission members include active parliamentarians, recent public officers, active law enforcement officers, and anyone who has held political office in the past five years.

“The amendments to the bill are to ensure that we bring life to the agency,” Mr Davis said.

Opposition members raised concerns about the bill before it was passed yesterday.

East Grand Bahama MP Kwasi Thompson highlighted the lack of oversight over the commission and called for a parliamentary oversight committee to monitor the agency.

“How can we,” he said, “advance the agency without first ensuring that one, the committee is actually appointed and also that the committee is doing what it is supposed to be doing?”