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News : Local Last Updated: Apr 27, 2017 - 10:30:11 PM


Civil Society and Private Industry Groups call for Public Consultation Process in Legislation and Developments
By Chauntez Dillet-Wilson, Organization for Responsible Governance
Apr 27, 2017 - 7:44:17 PM

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NASSAU, New Providence, –  A coalition of civil society and public industry groups representing thousands of Bahamians have come together to call for a standard process of public consultation when government considers introducing or revising legislation or plans new developments that would utilize public resources and/or significantly impact the environment.  This push for reform comes after the government introduced both the Interception of Communications Bill and revisions to the Labor Act in Parliament without significant prior public consultation. In both instances criticism and concern was expressed from the public and the passage of both pieces of legislation was delayed. 

The coalition includes Citizens for a Better Bahamas, Grand Bahama Human Rights Association, The Nassau Institute, Save the Bays, Waterkeepers Bahamas, The Bahamas Press Club, ReEarth, Our Carmichael, The Organization for Responsible Governance, Civil Society Bahamas, We The People, and the Coalition to Save Clifton.

In the interest of fostering more inclusive, democratic and transparent legislative and development processes, the groups have put together a position paper which outlines specific steps that government can take to ensure the consultation, review and input of the Bahamian public.  The paper draws from international best practices utilized in other Commonwealth countries such as The United Kingdom, Canada, Nigeria and Australia.

The position paper recommends that government first issue a “Green paper” or a discussion document drafted by the Ministry or government department dealing with the issue to show the thought process behind a policy. This should be followed by a clearly defined and sufficient time line for public review and input prior to the Bill going to Parliament. The suggested time line is a minimum of 3-6 months but should not be so lengthy as to discourage interest and involvement. 

Following that process, the coalition recommended that a “White paper”, a stronger more in-depth report be generated by the Minister or government department to which it relates and presented to Cabinet and the Public which would include specific proposals for legislation. The white paper should reflect the result and impact of public consultation and any further relevant information that has been used in forming recommendations and outline its implications for future legislation. The White paper would be posted for final public review and Ministry or department can receive any additional feedback.

To support the value of public consultation in governance, the coalition pointed to recent examples where input from civil society and private industry successfully influenced legislation, resulting in improved and more widely accepted policies. They cited The Freedom of Information Act, The VAT implementation, relief efforts for Hurricanes Joaquin and Matthew, The Disabilities Act and the recent amendments to the Employment and Industrial Labour Relations Act.

“However, public input often comes about as a reaction to government decisions first heard on the floor of Parliament, said Sam Duncombe, Founder of ReEarth. “This provides little time or opportunity for groups to prepare and issue substantive feedback. In the past, there have been inconsistent practices regarding the structure, timing, scope and depth of the process.  This lack of transparent and proactive processes for public consultation can make policy-making efforts contentious and oppositional.” 

Rick Lowe, President of Nassau Institute, stated that implementing standardized public consultation would have benefits for policy-makers and the public. “The benefits of public consultation are well documented. International best practice dictates that including a wide-ranging base of stakeholders in policy-making not only gives governments the benefit of additional expertise, it encourages public buy-in and greater trust. Our groups believe that a standardized process of public consultation will support a positive and fact based dialogue to establish policies designed to best serve the general interest of the nation.”

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