Dear Editor,
Back in February 2013, I publicly raised the matter of the National
Intelligence Agency (NIA) via a previous weekly national newspaper
column. I raised this matter because I knew the Agency had been
established without the necessary legislation, and that $72,000 of
public funds was allocated in the new government’s first fiscal Budget
(2012/2013) as the annual salary for a Director of a surveillance Agency
the country knew little to nothing about. In their next Budget
(2013/2014), the “Director NIA” line item was notably removed from the
section of the National Security Ministry’s Budget that covers salaries,
and a new recurrent budget line item called “National Intelligence
Agency” was created under the “Grants, Fixed Charges & Special
Financial Transactions” block of National Security’s Budget – with an
unexplained increase in allocation to $100,000.
The NIA currently
falls directly under the Ministry of National Security and not the Royal
Bahamas Police Force, which suggests that the Agency’s Director answers
to a politician and not the Commissioner of Police like the Force’s
security, surveillance and intelligence branch (SIB) does – a major red
flag regarding this secret surveillance Agency. The Police Force already
carries out surveillance and intelligence gathering via SIB. What kind
of monitoring of Bahamians could a government Minister(s) possibly want
or need that SIB is not already legally mandated to do?
Parliament
has voted twice (via two fiscal Budgets) to approve allocations for the
NIA. Last week the matter was brought up by an Opposition MP for the
first time. Now that Minister BJ Nottage has told the press that this
Agency is carrying out its secret activities on Bahamians without lawful
authority (as no law is in place to give effect to the Agency), we wait
to see how the media and Opposition will tackle this very serious
matter, as it has now been well over a year since taxpayer dollars have
been funding an unlawful Agency that has been carrying out secret
surveillance and intelligence gathering on undisclosed Bahamians. When
Minister Nottage said NIA is only monitoring “criminals”, what the
public wasn’t told is that only legislation can define who is a
“criminal” with respect to whatever NIA is mandated to do via that
legislation. Without such definition as set out in law, “criminal” is
then left to be subjective, meaning a Minister can arbitrarily decide to
declare anyone a criminal and have him or her monitored via NIA.
Laws
are made by the Parliament, not by the mere words that come out of a
politician’s mouth. And activities do not suddenly and automatically
become legal just because it is the government that is carrying out
those activities. Since this Agency does not exist in law, any
surveillance or intelligence gathering done on Bahamians in the name of
the NIA is being done without lawful authority, and should therefore
cease immediately until legislation is passed to make this “national”
Agency a lawful entity whose mandate, chain of command, parameters and
regulations are made known to the nation.
Sharon Turner
www.thereal242.com