From:TheBahamasWeekly.com
This Day in the Bahamian Parliament: 30th September, 2015
By Elcott Coleby, BIS
Sep 30, 2015 - 6:01:21 PM
This
day in Parliament, Wednesday 30th September 2015
Below is a summary of the proceedings of the Bahamas
Parliament, specifically the House agenda item, “statements by Ministers.” This
House summary is released for public information and edification.
The
Minister of Youth, Sports and Culture Hon. Dr. Daniel Johnson
welcomed special guests - local primary school students and 400 meter
intermediate hurdle national record holder Jeffrey Gibson. He also won the gold
medal in the 2015 Pan Am games and a bronze at the 2015 IAAF track and field
championships in Beijing, China last month.
Minister
of Transport and Aviation Hon. Glenys Hanna-Martin
updated the House on the status of category one hurricane Joaquin which is an immediate
threat to the Central Bahamas. Long Island, Cat Island, Exuma, Rum Cay and San
Salvador are all under hurricane warning and the Northwest Bahamas including Eleuthera,
Abaco, Grand Bahama, New Providence, Bimini, the Berry Islands are under hurricane
watch.
The Minister urged all Bahamians to be vigilant, tune in to all
advisories issued by NEMA and to take all necessary precautions to protect
themselves and their property.
Financial Services Minister Hope Strachan read for the first time the following bills: a
Bill for the Establishment of The Bahamas Agriculture, Health and Food Safety
Authority; a Bill for an Act to Protect and Promote Plant Health; a Bill for an
Act to Protect and Promote Animal Health; and a Bill for an Act to Regulate Food
Safety and Quality at all stages in the food chain.
Minister of National Security Hon. Dr. Bernard
J. Nottage delivered the second
reading of the Rehabilitation of Offenders Amendment Bill, referred to as
THE SECOND CHANCE BILL in some quarters
of Bahamian society. The original bill was legislated into law in 1991. This
proposed amendment was first read into the House records during October 2013.
The rule of relevance
applied during the debate.
During his presentation
Dr. Nottage indicated that the passage of the Corrections Bill in 2014 signaled
the beginning of the transformation and reform of the penal system to one of
rehabilitation and correction. He also spoke directly to the serious challenge
of diminished employment opportunities faced by too many of our young men and occasional
women who have come into conflict with the law resulting in minor criminal records.
A common criminal offence
is the possession of small quantities of Indian Hemp (Marijuana) for recreational
use. This hardship he argued could leave them vulnerable and susceptible – a condition
that could potentially lead to further criminal behavior.
The amendment of the
Rehabilitation of Offenders Act seeks to rescue many of the country’s first
time offenders and young people and offer them a second chance because current most
carry with them the offence “as a feature of their character for a lifetime.”
Dr. Nottage advised that
under the current law, minor criminal offences remain on a person’s record for
seven years from the date of conviction and major criminal offences remain on
their record for fourteen years from the date of conviction. The amended law
would reduce these times to four and ten years respectively.
“The current Rehabilitation
of Offenders Act today says that for a minor crime, and we could deal with what
they are later, they remain on your record for seven years from the date of
conviction. And when the seven years are up, it is supposed to be removed from
your record.”
He went on to say that “if
it is a major offence then the term before expunging is fourteen years. So if
you have to wait for seven years to get a clean police record, that definitely,
significantly compromises your opportunity to get a job in this town. And if
you have to wait for fourteen years, God help you.”
“So what are we going to do about it” asked
the Minister rhetorically.
“What we are planning to
do at this time according to the bill is to reduce the seven year period to
five year. That is a reduction of three years. And reduce the fourteen year
period to ten years. That’s a reduction of four years although it will not be
automatic” explained the Minister.
Dr. Nottage said a rehabilitation
of offenders committee will be established “which will set certain standards,
certain measurements by which it is determined who would be eligible (to have
their criminal records permanently expunged).”
Under the existing law,
there are offences for which the applicable criminal records cannot be expunged
from the files of those persons convicted. Dr. Nottage listed those offences.
“Under the existing
legislation, manslaughter in respect of which five years or more have been imposed
on the conviction; murder, possession of drugs with the intent to supply,
treason, armed robbery and rape and unlawful carnal knowledge” are the offences
that, because of their nature, cannot be expunged from the criminal records of
the convicted persons.
Acknowledging to Parliament
that The Bahamas lacks a system for integrating ex-convicts into society, Minister
Nottage foreshadowed the establishment of a parole system to facilitate the orderly
reintegration of ex-convicts into normal society after they would have secured
some level of formal education and marketable skills during their incarceration.
“We are looking at the
development of a parole system” said Dr. Nottage “because if we have a parole
system where people can be released from prison under the supervision of parole
officers, the chances of a person who has been released staying on the straight
and narrow in my opinion will be increased significantly.”
Minister of Tourism Hon. Obie Wilchcombe supported the bill. He also drew the attention
of House members to an article that appeared in the business section of the
Tribune about a series of emails written to him by senior executives of
Carnival that he never received ostensibly because the email account used was
incorrect. The email found its way into the possession of DNA Leader Branville
McCartney who used them to accuse the Minister of ignoring cruise lines
warnings in the media.
Wilchcombe questioned the
ethics of Mr. McCartney who received a private communication under “questionable”
circumstances, only to use the material in the public domain and in the process
mislead the public. Wilchcombe said for a man who seeks to lead a nation,
McCartney was setting a bad example; the matter was turned over to the police for
investigation and he demanded a public apology from Mr. McCartney.
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