COMMONWEALTH OF THE BAHAMAS
Remarks by
Senator The Honourable Jerome Kennedy Fitzgerald
on
A BILL
for
AN ACT TO AMEND THE AIRPORT AUTHORITY ACT
in the
SENATE OF THE COMMONWEALTH OF THE BAHAMAS

Thursday, August 2nd, 2007
Madame President,
We are here today to consider an amendment to the Airport Authority Act 2000 where it is proposed that Section 6 (2) which reads:-
“Notwithstanding Section 8, the Authority may, with approval of the Minister, engage an independent contractor or independent contractors to perform any or all of the functions granted to the Authority pursuant to this Act except the function of providing airport security and fire services”.
We are now being asked to delete the words, “except the function of providing airport security and fire services”. Fundamentally this is firstly, an issue of sovereignty and secondly, an issue of National Security and our ability as a people to protect our borders.
Madam President,
I have several questions upon reviewing the amendment and they are:-
1. Why is the amendment needed? And what is the rush.
2. What is the vision, priority and focus of this Government bearing in mind that when we were in these Chambers last, we were made to believe that the next piece of legislation that we would have before us for consideration would be an amendment to the Juries Act? and
3. Having reviewed all the legislation, regulations and agreements that are in place for the operation and management of the Airport, which involve commercial, legal and security matters, whether this Government had in fact taken the time to properly consider this amendment and its ramifications.
If they had not, why should we trust them and approve this amendment on the assumption that they would figure it out at some later point.
TRUST
Madame President,
I have already made the position of thousands of Bahamians clear in this place that this FNM Government, under the leadership of Hubert Ingraham, cannot be trusted, and I have given examples which include, but are not limited to, the following:-
1. The apparent lack of political will to move the container terminals from downtown Nassau;
2. The re-engineering of the Urban Renewal Program to the point where one could easily argue that it has lost its focus and objectives;
3. The suspension and/or cancellation of some $90 million worth of contracts entered into by the previous PLP Administration including the elimination of a contract for $22 million for the Straw Market and exposed the public purse to liability in the region of 10 million dollars. It is interesting to note that in response to me making this assertion twice in this place, the Minister of Works and Transport when asked about this liability said the following, and I am quoting from the Bahama Journal dated Friday July 27th 2007 “ Dr Deveaux asserted that based on the assessment of the quantity surveyor and his own review, the $2.1 million paid under the straw market contract ‘ more than covers the work that was done… without prejudice to anyone, I’m advised that would pretty much cover the liabilities that the government assumed when it determined to terminate the contract… I would have to respectfully disagree with with Mr. Fitzgerald’  He is right that it more than covers the work done. It is about $2.1 million dollars more than the work that was done, because the first block was not even delivered to the site. No work was done yet. Does the Honourable Minister think the Bahamian people are foolish, that we are stupid. This is obviously a liability for breach of contract. But he also says that this would “pretty much” cover the liability, which gives one the feeling that it does not completely cover it. One has to assume that all construction contracts for Governmnet works are pretty similar and if he is accepting this liability he must accept all. Then it is a simple matter of mathematics and the math adds up to about $10 million;
4. The termination of employment of hundreds of Bahamians without cause and/or without any consideration as to the effects on their livelihoods, after they had promised during the election campaign that the civil service would not be downsized;
5. The elimination of the National Health Insurance initiative and replacing it with a proposal for the dispensing of pharmaceutical drugs after they voted in support of it in that other place and promised to institute it if elected; and
6. And now what I consider the “icing on the cake” the postponement of the  hosting of “Carifesta” by The Bahamas from 2008 to 2012 without any consultation with the various stakeholders whatsoever.
What is the Vision, Priority and Focus
Madame President,
What in fact is this Governments’ vision, focus and where do its priorities lie?
 They appear :-
Not committed to the redevelopment of downtown,
Not committed to addressing or alleviating the social ills in this country by essentially watering down the impact of the Urban Renewal Program;
Not concerned about entrepreneurship as they have cancelled millions of dollars’ worth of contracts for hardworking Bahamian entrepreneurs;
Not concerned about the average man on the street as they have terminated hundreds of them from their employ without good cause or reason;
Not concerned about the health of this nation and the many people who die on a daily basis and/or suffer extreme financial hardship because they are unable to meet the financial obligation and/or burden associated with a major health crisis; and finally
Not concerned about culture and its tremendous contribution to our society and way of live as they have without good reason and consultation cancelled what was seen by many as a tremendous opportunity for this country to showcase our culture and our vast array of talent.
I am waiting for the vision, waiting for the priorities, waiting for the focus. So far I have seen a vision of intimidation, a priority of victimization and a focus of inflicting fear.
Why the amendment and why the rush?
Madame President,
The Hon. Member for Cat Island put it best when he stated in that other place during the Debate on this amendment that the Government was in a sense asking us the representatives of the people to give them a blank cheque as they had not fully explained the rationale or rush behind the amendment.  I listened intently during the Debate to see whether or not those on the other side would have a clearer explanation that would give myself and those on this side comfort that they had in fact thought about and examined what the effect of this amendment would be, and I have to say, unfortunately, that at the end of the Debate in that other place those on the other side  confirmed what I had thought before the Debate commenced, which was that those on the other side had not really considered this amendment before it was presented in that other place and now here.
Madame President,
Before I outline what brought me to this conclusion, it may be helpful if I would  simplify as best I can the events that transpired which brought us to this point.
In 1999, the FNM Government commissioned a report called, “The Airport Advisory Committee on the Redevelopment and Management of Nassau International Airport”.                                                  That report, led by distinguished Bahamians, made certain recommendations as they relate to the operation, management and security of the Airport.  As a result of those recommendations, the Airport Authority Act was passed in 2000.  With the establishment of this body corporate, the Government transferred certain responsibilities and assets to the Airport Authority.  However, there were certain things which were excluded from this transfer and one was the function of providing airport security and fire services.
Further, and possibly just as important for these discussions, is the fact that by the passing of this Act, the Airport Authority did not have the requisite legal authority to enter into an agreement with a private group to assume the powers conferred upon it by the Airport Authority Act. Section 6(2) allows the authority with the Ministers approval to “engage an independent contractor” Section 8(1) states that the Authority “ may delegate to any of its members or employees The power and authority to perform on its behalf such functions and to exercise such powers as the Authority may determine” So the Authority cannot delegate other than to its “ members or employees”
As a result, when the PLP Government determined that it would enter into an agreement with a private firm for the development, enhancement and management of the Lynden Pindling International Airport, they were rightfully advised by legal opinion that this Act did not permit the Airport Authority to enter directly into this form of arrangement as that entity would not be a member or employee. Hence the Nassau Airport Development Company (“NAD”) was formed as a wholly-owned subsidiary of the Airport Authority and deemed an “independent contractor” pursuant to section 6(2) and given a 30-year lease to manage and operate the Airport along with the transfer of the assets from the Airport Authority.
The Airport Authority was then able, through its wholly-owned subsidiary, NAD, to enter into a management agreement with YVR Airport Services Ltd. on October 19th, 2006 with the responsibility for management, maintenance, operation and the development of the Lynden Pindling International Airport.
Madame President,
 A review of the communication by the Minister for Tourism and Aviation, the Minister of State for Tourism and Aviation, the Minister of National Security and the Prime Minister shows the contradictions and inconsistencies with regard to this commercial arrangement and Section 6 itself.  Let me explain what I mean.
The Minister of National Security in his closing remarks in that other place makes the following statement:-
“So, Mr. Speaker, I support this sound amendment to the Airport Authority Act that would permit the Authority to delegate to NAD responsibility for security and fire services.  This Government regards this amendment as key to the initiative to develop and manage the Airport development in a rational and logical way and to ensure that all stakeholders contribute to this initiative within their particular area of competence.”
This is somewhat confusing because, as I have stated, Section 6 subsection (2) does not envisage the delegation of anything but instead uses the words, “engage an independent contractor or independent contractors to perform any or all of the functions”.
The Honourable Minister then seeks to give an explanation and clarification as to the roles and function as envisaged by NAD and the Royal Bahamas Police Force.  He says the following:-
“NAD’s function under an amended Airport Authority Act will be quite different from that of the Royal Bahamas Police Force.  NAD’s oversight for airport security would encompass including the screening of passengers and baggage, securing the Airport’s physical plan, including passenger terminals, security the Airport’s parameters, including patrolling of its parking areas and effective fire fighting.
It would be for the Royal Bahamas Police Force to continue to enforce the laws of The Bahamas in and around the Airport, and to confront risk to The Bahamas national security.”
This explanation was finally given late in the afternoon during the Debate on this amendment in that other place and finally we were able to get some semblance of the intention of the Government in this regard in what many have called a good patch job by the Minister of Defence.  Having said that, I am convinced that the amendment as prescribed not will be sufficient for the Minister, Airport Authority or NAD to achieve the intended result of “delegating” the function of airport security and fire services without further amendments to this Act.

Madam President,
This was confirmed by none other than the Prime Minister when he stated that NAD was a “Useless interloper” a useless intruder. I think when he reviews this and takes advice from his Attorney General he will find that NAD is in fact essential to accommodate the management contract between the Airport Authority, NAD and YVR Airport services , and I quote:
“The Airport Authority can do all the things we need done and contract all the services we need contracted with operation, management and security and the extent to which we need to make further amendments to the law to achieve that objective once the analysis is complete, we shall return to Parliament.”
This begs the question, of course, of why wasn’t a proper analysis before this amendment was put before us and in so doing we would have had a full understanding of the intention and consequences of this amendment. Instead we have wasted another day  and valuable time and money on the whim of the Prime Minister and this FNM Government.
Madame President,
The $400 million redevelopment of the LPIA was a part of a master plan by the Progressive Liberal Party for the revitalization and sustained economic growth of the Island of New Providence and the City of Nassau in particular.  This included the Phase III development at Atlantis, the Heads of Agreement entered into with BahaMar for the redevelopment and enhancement of the Cable Beach strip, the Albany project and the remodeling of the South Ocean Beach Hotel in the southwest, the movement of the container port from downtown Bay Street to the southwest and the revitalization and upgrading of the City of Nassau from Arawak Cay to the Montague foreshore.
I would implore this Government to take a serious look at this master plan for the Island of New Providence as millions of dollars were spent, hundreds of thousands of man hours consumed and the intellectual imagination of many persons from all walks of life from around the world were engaged in this master plan.
Madame President,
The movement of the container port is paramount to the redevelopment of downtown.  In the overview and goals section of the report by the Edaw states the following:
“There are three major efforts presented in this master plan that are considered ‘the critical moves’ for Nassau.  These are projects that present a significant departure from the manner in which Nassau has traditionally operated.  The ‘critical moves’ are as follows and will be elaborated upon in the later section of the plan.
Relocation of the container port to the southwest of the Island.
Redevelop the waterfront to include expanded public access – a living waterfront.
Establish a Business Improvement District Authority that will serve as a champion for downtown development.”
I touch on this issue of the redevelopment of downtown as I have on two other occasions in this place in an attempt to stress the importance and significance of this critical development to the survival of down town and the importance of moving the container port to the southwest.
Madame President,
You could therefore imagine my surprise, shock and dismay to learn that a meeting took place between the owners of the container ports and certain merchants on Bay Street which was chaired by none other the Deputy Prime Minister of The Commonwealth of the Bahamas. The objective of the meeting appeared to be to hatch a plan to move the container port to Arawak Cay.  Needless to say, this is a clear conflict of interest as the Deputy Prime Minister, either personally or through his family interests, is an owner of one of the commercial ports of entry. Judging from the Deputy Prime Minister’s past performance when it comes to conflicts of interest, I am sure this concern was not one that he gave much thought to when he decided to call and chair the meeting.  I raise the matter only to point out that there are those who appear determined to go to any lengths to stop the movement of the container port to the southwest portion of Nassau where after extensive research and analysis, the EDAW Group concluded the following:-
“The project design team investigated seven possible new locations for the consolidation of cargo activities which included
(1) No action/optimization of the existing port facilities;
(2) Arawak Cay;
(3) Clifton Point;
(4) Power Plant;
(5) South Ocean;
(6) Adelaide; and
(7) Coral Harbour.
Relevant information for the alternatives analysis/assessement was obtained through literature review, a series of site visits and field inspections, interviews with Government officials, stakeholder meetings, and preparation of an intensive coastal engineering analysis for each of the project alternate sites.  The project team used the compiled data to evaluate each potential port relocation site according to a matrix of criteria covering environmental impacts, compatibility with island long term master planning, engineering and construction issues and socio-economic concerns.”
They concluded the following:
“From their review of all available data concerning the proposed cargo relocation and consolidation project, the project team selected the power plant site as the preferred alternative.  Relocating the port to the Power Plant site would clearly meet the Project goals of increasing port capacity, beautifying downtown Nassau and alleviating traffic.  In terms of environmental impacts, construction of a port facility at the Power Plant would minimize the impact to marine resources to the greatest extent practicable.”
Madame President,
So here we have in the face of all of this empirical evidence and research the Deputy Prime Minister of this country is attempting along with his private interest group to move the container port to Arawak Cay.  There appears to be a group of people which include the Prime Minister and the Deputy Prime Minister who have conspired to hold the Bahamian people as economic hostages and thereby threatening the financial future og downtown Nassau in order to a few self centered greedy individuals.
To make matters worse, the Minister of State for Culture, when giving the Government’s explanation for the cancellation of Carifesta, said that the country did not have the physical structures in order to host Carifesta and that over the next couple of years the Government would be moving to build the structures necessaryto host Carifesta which would be included and integrated into the redevelopment of Arawak Cay.  So here we have a Minister of the Government publicly stating what we have to assume are the Government’s plans to develop Arawak Cay into a cultural center, and another Minister, none other than the Deputy Prime Minister, meeting with others under a cloak of secrecy to hatch a plan to move the container port to Arawak Cay! Can you believe this?
Madame President,
If this was not so serious, it would actually be funny.  Do you think that this FNM Government under the leadership of The Rt. Honourable Hubert Ingraham is at all serious when they ask the Bahamian people to trust them?  Can they be trusted?  So you have to excuse me when after three months in Government they have given the Bahamian people no reason to trust them, let alone restore any trust that we never had in them in the first place.
Madame President,
Since coming to this place we have had the occasion to discuss two amendments to two Bills, the first being the Prime Minister’s Pension Bill which we spent a full day debating whether or not we should allow the present Prime Minister to pay $140,000 back to the Public Treasury, which I stated then and maintain today, was a waste of time and unnecessary. We still have no confirmation that he paid the money back to the treasury. I was of the view then and now that if he was as caring as those on the other side have attempted to make him out to be, he would have given the money to charity. Now here we are today being asked to consider an amendment which has far reaching issues which include the sovereignty of our country and our ability to effectively secure our borders and is obvious to all of those who watched and/or listened to the Debate of this amendment in that other place that this Administration has not taken the time or made the effort to seriously consider this amendment in the same manner that it has failed to give adequate attention and consideration to so many decisions it has made since coming to office. Have they considered how the government will recoup the $19 million the people of the Bahamas paid for all of the security equipment before they turn over the  management and assets of the security services to a private firm. Can they assure us as the Minister of State said in his address in that other place that no Bahamians will lose their jobs during this exercise. There are already rumours at the airport that 50% of the security personnel will be sent home. This appears in keeping with this Governments agenda so far.
Madame President,
Forgive me, therefore, for stating that, based on the record of this Government, I am not prepared to trust them or as someone said in that other place, “give them a blank cheque” when they have demonstrated that they have not given ample consideration to this amendment and have confirmed that they will come back to this place and ask us to consider a further amendment to this very Act. What a complete and utter waste of time to bring us here today to consider this amendment.
Thank you.