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BAHAMAS: FOIA to be implemented in phases

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#Bahamas, April 25, 2018 – Nassau – The Freedom of Information Act (FOIA), 2017, will be brought into effect in phases in The Bahamas in order to ensure that all the preparatory work and training that is necessary to fully implement the regime, are in place.

“This will better ensure the effectiveness of the regime,” Prime Minister, Dr. the Hon. Hubert A. Minnis said Monday (April 23, 2018).

Addressing the Opening Session of a Workshop on the Freedom of Information Act, 2017, hosted by the Office of the Attorney-General and Ministry of Legal Affairs at the Paul H. Farquharson Conference Centre, Police Headquarters, Prime Minister Minnis said freedom of information, or the right to access information, is considered “an essential component of a modern democracy.”

Monday’s workshop sessions were facilitated by Mr. Damian Cox, Chief Technical Officer in the Office of the Prime Minister, Jamaica, and Mr. Shane Miller, Assistant Director of Legal Affairs, Ministry of Legal Affairs, The Bahamas.  Mr. Cox was involved in the implementation of Jamaica’s Access to Information Act, which is equivalent to the Bahamas’ Freedom of Information Act.

 

 

The workshop included an Outline/Overview of the Bahamas FOIA, facilitated by Assistant Director Miller and also focused on Critical Components of Successful Freedom of Information Implementation and Jamaica’s Access to Information Experience – Challenges, Successes and Opportunities, both facilitated by Chief Technical Officer Cox.

It was attended by Members of the Cabinet of The Bahamas, the Senate President, Speaker of the House of Assembly, Parliamentary Secretaries, the Vice-President of the Senate, Deputy Speaker of the House of Assembly, Members of the Senate and House of Assembly, Secretary to the Cabinet, Financial Secretary, Senior Law Enforcement officials, Permanent Secretaries and other Senior Government Officials.

“Meaningful and productive” workshops with the public sector and civil society groups are scheduled to be held over the next several days.

“The Model Inter-American Law on Access to Public Information” states in its preamble that the Inter-American Court of Human Rights formally recognized the right of access to information as part of the fundamental rights to freedom of expression; that access to information is a fundamental right and an essential condition for all democratic societies and that the right of access to information is based on the principle of maximum disclosure.”

Prime Minister Minnis said the Act is intended to ensure general public access to government information.

The Prime Minister said there are a number of safeguards for the protection of an individual’s sensitive, personal data and that the Act further ensures the protection of national security matters, legal privilege and certain government communications.

 

 

“With the exception of these carve outs or exemptions, the Act provides the public wide access to records,” Prime Minister Minnis added.

The objectives of the Freedom of Information Act, 2017, as outlined in Section Four are to reinforce and give further effect to certain fundamental principles underlying the system of constitutional democracy, namely: governmental accountability; and transparency and public participation in national decision-making by granting to the public, a general right of access to records held by a public authority.

Access to records will be subject to exemptions that balance the right of access and non-disclosure of governmental or commercial information in the public interest.

“I am pleased that we are beginning the full training and implementation phase of the Freedom of Information regime,” Prime Minister Minnis said.  “We look forward to meaningful and productive workshops with the public sector and civil society groups over the next several days.”

 

By: Matt Maura (BIS)

PHOTO CAPTIONS

 

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Prime Minister, Dr. the Hon. Hubert Minnis addresses the official opening of a Workshop on the Freedom of Information Act, 2017, hosted by the Office of the Attorney General and Ministry of Legal Affairs, at the Paul H. Farquharson Conference Centre, Police Headquarters, on April 23, 2018.  (BIS Photo/Derek Smith)

 

 

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Members of the Cabinet.  (BIS Photo/Derek Smith)

 

 

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National Security Leaders.  (BIS Photo/Derek Smith)

 

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124 HAITIAN NATIONALS REPATRIATED TO CAP-HAITIEN, HAITI

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#TheBahamas, May 21, 2024 – On Wednesday, May 15, the Department effectively executed the repatriation of a group of illegal migrants from the Lynden Pindling International Airport, New Providence to Cap-Haitien, Haiti.

At approximately 9:11 a.m., a Bahamasair chartered flight departed New Providence en route to Haiti with one hundred twenty-four (124) Haitian nationals onboard; a hundred and eight (108) adult males, thirteen (13) adult females and three (3) minors. The Department’s Deportation and Enforcement Units led the escort.

All security and health protocols were observed as the safety and welfare of our officers, law enforcement counterparts and migrants remain the highest priority.

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Introducing The Bahamas Cannabis Authority; Marijuana Bill tabled by Darville

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Garfield Ekon

Staff Writer

 

#TheBahamas, May 20, 2024 – A medical marijuana industry is set for establishment in The Bahamas, following the tabling of the Cannabis Bill, 2024, in the House of Assembly, by Minister of Health and Wellness, Hon. Dr Michael Darville, May 15.

The Minister said objective of legislation is to set up a framework to establish The Bahamas Cannabis Authority, and to regulate the of importation, exportation, cultivation, processing, manufacturing, producing, sale, possession, distribution, and use of cannabis.

He told the Assembly that the law represents a thoughtful and balanced approach and was driven by a duty to act as he referenced the number of Bahamians who are battling cancer and in need of alternative treatments for pain management and other related issues.

“The legislative package, the Cannabis Bill, 2024 is designed to introduce a controlled system of cannabis use in medical treatments. The bill establishes the Bahamas Cannabis Authority.  A regulatory body overseeing all aspects of cannabis management and cultivation and distribution.  The authority’s mandate is to ensure that cannabis production and use are safe, controlled and effectively integrated into our health care system,” Minister Darville said.

Adding that the Dangerous Drugs (Amendment) Bill, 2023 that he also tabled, reclassifies cannabis by removing it from the dangerous drug list, now recognises its potential for medical use, he said the change aligns “our nations laws” with evolving global perspectives on cannabis.

The new law makes provisions for the licensing of cannabis handlers across various aspects of The Bahamas, and Dr. Darville said the licensing is structured to prioritise Bahamian ownership, with provisions ensuring that significant control remains in the hands of Bahamian nationals, fostering local entrepreneurship and economic benefits “for Bahamians across the country.

“We are here to make a difference, to enact change, remove years of stigma and transform lives by offering alternative treatments by way of medical cannabis.  The legislation before us offers a careful, considerate approach ensuring that we prioritize the wellbeing and safety of our citizens. Let us move with compassion,” he said.

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Pinder announces Trial by Judge Alone, New Courts, Harsher Penalties in Judicial Reform legislative Package

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Garfield Ekon

Staff Writer

 

#TheBahamas, May 20, 2024 – The Bahamian Government has moved to open new courts, increase penalties for serious and violent crimes, as part of its reform of the judiciary to create efficiency in the system, and gang reduction efforts.

Outlining the administration’s legislative agenda on crime reduction, and judicial reform, Attorney General and Minister of Legal Affairs, Senator, the Hon. Ryan Pinder said in the coming months there will be the opening of the juvenile and family courts allowing “us to bring on new judges for criminal and civil matters.

“We also anticipate establishing this year a commercial court that will be focused on hearing commercial disputes to ensure that the pace of business is not impaired by delays in trials,” the Minister said while addressing the Senate on May 15.

He was presenting the second reading of the Trial by Judge Alone (Miscellaneous Provisions) Bill, 2024 and The Supreme Court (Amendment) Bill, 2024, which allows for the Supreme Court (Criminal Case Management) (Amendment) Rules, 2024.

Senator Pinder said the bills are in line with the commitment of this Government to ensure that the necessary laws are in place to facilitate the “timely and effective” administration of justice.

Stressing that the administration have been working hard this legislative session to put in place the improvements in law to address the judicial system as well as the treatment of bail for an accused, and ensuring stiff penalties for major criminal violations, he said  the Government have passed a series of legislation to facilitate trials and prosecution of criminals.

“I would suggest that we have done more on the legislative front than any former administration to address crime, and we are not done.”

“The Magistrates (Amendment) Bill increased the financial thresholds of the jurisdiction of a Magistrate to hear certain matters and adjusted the maximum penalties. The broadening of the jurisdiction of the Magistrates Court is intended to rebalance cases between the Supreme Court and the Magistrates Court in order to relieve the volume of minor disputes from the calendar of the Supreme Court,” he said.

For the magistrate’s court, he said, it is many instances the primary court for many civil and criminal cases, and especially in civil matters operating more of a small claims court, and the jurisdictional limits increased had not been adjusted in many years, and the operation of society has outpaced their limits.

The Court Services Bill empowers the judiciary to operate autonomously from an administrative point of view, by taking away oversight by central Government, thereby removing the bottleneck caused by the current system and providing further judicial independence.

For the Supreme Court (Amendment) Bill, it increases the maximum number of Supreme Court judges from 20 to 25, increasing the capacity to conduct trials in the Supreme Court by 25%.

“It is the Government’s intention that this not only contribute significantly to concluding the backlog of cases but will also give the Chief Justice the flexibility he requires to better allocated judges through the courts,” the Minister said.

The Trial by Judge Alone (Miscellaneous Provisions) Bill, 2024, to grant a right of election to persons charged with indictable offences in the Supreme Court to be tried by a Judge alone.

“We believe this is a positive legislative reform to provide yet more support for timely trials in criminal matters,” the Minister said.

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