Government
New Boundaries, More MPs and No Appointed Members expected in Constitutional Changes says Premier
Deandrea Hamilton and Dana Malcolm
Editorial Staff
#TurksandCaicos, December 21, 2023 – The next General Election in the Turks and Caicos Islands will likely feature more candidates, more constituencies, and an elimination of the appointed members to the House of Assembly; in anticipation of the UK-approved constitutional changes, the PNP Government administration has allocated an additional $100,000 for the TCI Electoral Boundaries Commission in its most recent Budget supplementary.
“We have had some advanced indication from the United Kingdom. It’s very clear what they will grant in terms of a constitutional amendment on four points. The rest of the proposals, we are waiting for at the moment, and I have just asked Her Excellency to put some urgency behind London so we will get that soon. Because there will be potentially– a number of amendments that will have to be made before the election, including the establishment of a boundaries commission, and the review of the boundaries; and those monies are there in anticipation of that happening,” Misick said.
David Rutley, Minister for the Foreign Commonwealth and Development Office, had agreed to fast-track three amendments to the constitution during the Joint Ministerial Council held in London in November. Namely, amendments that deal with the length of a parliamentary term, changing the name of the parliament and removing the appointed members. As Misick noted, it is anticipated that those changes will be made, but not certain. It is part of a raft of amendments the TCI Governing and Opposition parties presented to the UK after a country-wide constitutional consultation.
Currently, the Governor of the Turks and Caicos Islands appoints two members to the parliament, with the governing and opposition parties putting forth one person each for a total of four individuals.
There are still no definitive answers on whether the Turks and Caicos Islands will see the appointed members removed and the parliament renamed or if a longer parliamentary term will be approved before the next elections which are constitutionally due in 2025. But just in case, the government has furnished the process with $100,000 in order to fund the Boundaries Commission, which would undertake, the often arduous process of drawing up new constituency lines. Those constituencies will determine where votes will be cast for the new elected members of
parliament who would replace the appointed members. If not, Misick said the electoral boundaries will be addressed regardless.
“We can’t presume exactly what the final decision is going to be even though we are fairly clear that the boundaries issue will be addressed. Whether it is addressed or not– we would still have to deal with the Boundaries’ Review because the Ordinance speaks to the proportionality and numbers of people and the different peculiarities of the different islands and the constituency boundaries so those funds are placed here regardless.”
He was referring to a 2021 Commonwealth Parliamentary Association report following its observations in the February 2021 General Elections. The CPA’s report cited that boundaries demanded equal numbers of constituents in each district, and that the work on balancing the districts should be completed within four years.
A Budget Supplementary presented and passed in the House on December 13 included the new allocation, announced by E. Jay Saunders, the Minister of Finance and Deputy Premier; it prompted the question from Edwin Astwood, Leader of the Opposition, regarding the legislative changes.
“I see allocations to the Boundary Commission and I will be writing to the Honorable Premier and probably the Governor seeking clarification. Are we intending [to] do the boundaries exercise and getting those four additional seats in?”
Under Washington Misick, a special constitutional attorney, Jeffery Jowell, was hired to progress a long-standing suite of amendments which despite having been ratified in the public domain since 2014 and supported by a bi-partisan Review Committee, were under threat of dying on the vine.
It was clear that more tenacious action was required and with the support of the House of Assembly, the expert mediator and litigator, having had success in the Cayman Islands was brought in to navigate a restoration of some powers to the elected government.
It has helped that there is a distinctive shift in tone from the British, expressed through successive governors that there is an appetite to acquiesce and action some of the desires of the TCI people as revealed in the constitutional consultations. Additionally, an admirable demonstration by the elected officials spanning 2012 to now in conducting country affairs in line with UK-established good governance principles meant there was no need for Mother England to continue to hold on so tightly to the reins.
Now, an eighth Cabinet minister has been added, the Turks and Caicos elected government is part of Crown Land management and the UK is open to new boundaries which will increase the share of members of parliament who are hired by the electorate through a vote, versus appointed by the British governor or the two political parties.
The Premier said the UK had been clear on what they would grant; however, the country was still awaiting decisions on the remaining areas of interest. Misick, in an effort to follow through, has made a request of the Governor, to speed up the process.
“We are expecting to have a finalized position from the UK, certainly I am hoping early in the first quarter of next year.”
Premier Washington Misick was speaking in parliament during the recent Supplementary Appropriation Bill debate on Wednesday, Dec 13.
NASSAU, The Bahamas – Prime Minister and Minister of Finance the Hon. Philip Davis said on July 15, 2024, that he spoke in support of the compendium of Bills to legalise the use of cannabis for medical and religious purposes, to decriminalise the possession of small amounts of cannabis, and to “regulate the cultivation, sale and use of cannabis and related products within our borders and to promote the health and safety of our people.”
“This has been a long time coming,” Prime Minister Davis said, during his Contribution to the Cannabis Reform Compendium 2024 Debate in the House of Assembly.
“For years, Bahamians have called for an administration to have the courage to step up and take this issue on in a decisive and responsible manner,” he added. “While many other countries, including nations within our region like Jamaica, Trinidad & Tobago, Antigua & Barbuda and Barbados, have taken steps toward decriminalisation and legalisation for medical use, Bahamians were left wondering when it would be our turn to modernise our local approach to cannabis.”
Prime Minister Davis noted that the national dialogue had been ongoing for the better part of a decade.
“Many people thought change was imminent when the Marijuana Commission began its work in October 2018, under the previous administration,” he said. “These efforts culminated in a preliminary report delivered in January 2020 and a final report delivered in August 2021.”
He added: “The Commission cited a wide range of in-person discussions and public opinion research, noting that there appeared to be widespread public support for the legalisation of cannabis for medical purposes. There was also healthy support for decriminalisation and an appetite for a strong regulatory and enforcement framework to ensure high standards for this new industry.”
Prime Minister Davis pointed out that the recommendations of the Commission called for legalisation for medical use, decriminalisation for small amounts, legalisation for use as a religious sacrament for members of the Rastafarian community, as well as strict regulations to ensure the quality and safety of the local cannabis product.
“In the PLP’s Blueprint for Change, we committed to developing a comprehensive regulatory framework for growing, harvesting, and exporting cannabis to create opportunities for Bahamians,” he said.
“The approach we developed to legislating and regulating Cannabis was informed by widespread research and consultation,” Prime Minister Davis added. “It was partially based on the CARICOM Regional Commission on Marijuana’s research and findings, as well as the approaches of other jurisdictions like Jamaica, Barbados, and Canada, where Cannabis has been legalised and regulated.”
He said that his Government’s goal was to ensure that it developed the most fair, balanced, and effective legislative and regulatory mechanisms, which would allow The Bahamas to reap economic and health benefits while promoting law and order and keeping its people safe through the introduction of stringent standards.
Prime Minister Davis added: “Once we felt that we had an adequate draft, we released the draft bills publicly, and we held a number of stakeholder consultation sessions, led by the Attorney General’s Office, in which we sat down with major stakeholder groups like healthcare providers, leaders of our church community, advocates for legalisation, leaders of the Rastafarian community – some of whom I see here today, as well as those who had concerns about the impact of legalisation and decriminalisation on the proliferation of usage. These varied opinions were taken into account and adjustments were made to achieve the most practical and effective approach that would work best for the Bahamian people.”
He pointed out that his Government also paid close attention to ongoing research on the issue – the most recent of which, he noted, was a survey conducted nationally by Public Domain in 2023, which indicated that 61% of the population supported the legalisation of cannabis for medical usage.
“It was clear that the times had changed, and it was time for our laws to change as well,” Prime Minister Davis stated.
He continued: “We’ve been hard at work since 2021. We knew this was not a process we could rush. There was a recognised need for carefulness and due diligence, but there was also a need to ensure that this new legislative and regulatory regime could be introduced and implemented within this term. We could not simply kick the can down the road for our next term the way other administrations did. No, we could not delay these changes – not when so many people had waited for years for real action to be taken.
“Today, the wait is over.”
Prime Minister Davis noted that his Government was taking action on behalf of all of the people who simply wanted the ability to legally consume medical cannabis to help them with their medical conditions.
“There are people with children suffering from epilepsy who have been praying for this moment,” he said. “There are people with glaucoma who want the opportunity to potentially alleviate their condition with a cost-effective and natural treatment.”
Prime Minister Davis added that there were people living with auto-immune conditions, chronic pain, anxiety, depression, and other ailments who were “waiting not-so-patiently for this day.”
“We are taking action for the many men and women living with criminal records for carrying small amounts of cannabis, and the many
others who will be spared criminal records as a result of decriminalization,” he said.
Prime Minister Davis stated that, as a society, his Government realised that the old approach taken against Cannabis in the War on Drugs in the 1980s and 90s did not necessarily reflect the current reality.
“Too many livelihoods have been lost because of a joint,” he said. “Too many lives have been handicapped and potentials lost.”
He added that when he was saying that, it was not his intent to excuse those who choose to break the law.
“After all, the law is the law; it must be respected and upheld,” Prime Minister Davis stated. “But we also recognise that the law is not static, it is dynamic. And the interpretation of the law and how it serves the greater good of society can change over time. I am confident that many lives will be changed for the better as a result of the criminal records that will be expunged.”
“Through these reforms, we are upholding the rule of law, making it clear that if you are seeking to supply others with cannabis illegally or engage in other unlicenced and illegal activities, you will be held accountable,” he added. “Everyone is welcome to participate within the legal and regulatory framework and only within that framework.
“Of course, as a part of this reform process, we are also taking action to recognise the rights and freedoms of Rastafarians to use Cannabis as a sacrament because it should not be against the law for our brothers and sisters of the Rastafarian faith to practice their religion.”
PHOTO CAPTION
Prime Minister and Minister of Finance the Hon. Philip Davis speaks, on July 15, 2024, during his Contribution to the Cannabis Reform Compendium 2024 Debate in the House of Assembly. (BIS Photos/Ulric Woodside)
Release: BIS
#TurksandCaicos, July 19, 2024 – Her Excellency the Acting Governor Anya Williams chaired the 17th meeting of the Cabinet on
Tuesday June 4th, 2024, at the Office of the Premier on the island of Providenciales.
All members of Cabinet were present with the exception of Governor H.E. Dileeni Daniel-Selvaratnam, Attorney General Hon. Rhondalee Knowles and the Ministers of Home Affairs and Public Safety and Utilities. Ms. Yaa McCartney attended in the capacity of Acting Attorney General.
At this meeting Cabinet:
- Received a presentation from the Ministry of Finance on the proposed amendments to Business Licensing which was being put forward as a result of the consultations that had taken place and agreed next steps.
#TurksandCaicos, July 19, 2024 – Her Excellency the Governor Dileeni Daniel-Selvaratnam chaired the 12th meeting of the Cabinet on Wednesday April 24, 2024, at the Office of the Premier on the island of Providenciales.
All members were present with the exception of the Ministers of Education, Tourism, Border Control and Public Safety who were away from the islands on official duties.
At this meeting Cabinet:
- Received a presentation from the National Health Insurance Plan Consultants on the organizations Change Management Program.
- Noted an information paper on the work of the Economic Substance Consultancy which was undertaken to provide services to the Financial Transactions Information Exchange Unit (FTIE) in regard to the previous blacklisting of the Turks and Caicos Islands which has since the engagement of this consultancy been reversed.
- Approved the reinstatement of the Grand Lucayan MOU for an additional six months from the execution date of the previously approved MOU.
- Approved the settlement of a Claim Against Government in line with a ruling of the Court.
- Approved the grant of a license for the beach nourishment and installation of four groins lying seaward of parcels 60703/253-263, 330, 331-342 situated at Cheshire Hall for the protection of the shoreline of the said parcels.
Further information on these matters will be provided by Ministers in due course.
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