CONTRIBUTION TO THE HOUSE OF ASSEMBLY DEBATE
ON THE
POLICE SERVICE ACT 2006

WEDNESDAY, MAY 10, 2006
 

Mr. Speaker,
MARK DEATH OF MOTHER CLEMENTINA STUBBS…PROVERBS 33…FEARLESS DRUM MAJOR FOR JUSTICE
With your permission, I rise to make my contribution to the Debate on this very important Bill. At the heart of it all stands three words: Law and Order.  Those three words, Mr. Speaker, underpin the very foundation of our society, our democratic principles and yes, our country.
THANKS TO THOSE WHO WORKED SO HARD TO GET THE BILL TO US…KEITH BELL ETC. GET NAMES OF THE COMMITTEE.

TRAIN UP A CHILD IN THE WAY HE SHOULD GO AND WHEN HE IS OLD HE WILL NOT DEPART FROM IT (PROVERBS 22.6)
MAHATMA GANDHI IN ALL MEN ARE BROTHERS  “I AM CONVINCED THAT FOR THE PROPER UPBRINGING OF CHILDREN THE PARENTS OUGHT TO HAVE a general knowledge of the care and nursing of babies…We labour under a sort of suspicion that the child has nothing to learn during the first five years of its life. On the contrary, the fact is that the child never learns later in life what it does in its first five years.  The education of the child begins with conception.”
SIMPLY UNTRUE to say government has no plan for crime.  The plan is far reaching and visionary…
Recognizing that times have changed and that there is a need to reclaim and reinvigorate and restore the Bahamian spirit of excellence and caring…the indomitable spirit of excellence the same one that leads to Rhodes Scholars and Olympian Athletes…like Desiree Cox and Pauline Davis…Cacique Award winners like Jawanza “Spike” Munroe from Pinewood and Honour Students like …Deniro Chase…from Long Island…feature in The Tribune of Tuesday May 9th…achieving a 4.0 GPA at Dillard University… after losing EVERYTHING except a blanket in hurricane Katrina…  and many others who are focused, fabulous role models and making contributions to their country…

PINEWOOD…SEND MESSAGE OUT RE. LAWFULNESS OF PINEWOOD…WILL DEFEND MY PEOPLE AT EVERY OPPORTUNITY
1. JAWANZA SPIKE MUNROE
2. LEEVAN SUPERMAN SANDS
3. WSP ELAINE SANDS…COMMUNITY POLICING
4. FR. SEBASTIAN CAMPBELL…NATIONAL HEROES DAY
5. MT. TABOR…BISHOP NEIL ELLIS
6. BISHOP CHARLES ROLLE…
7. OVERSEER RANDOLPH DELEVEAUX
8. CHARLENE…AND HER TEAM OF VENDORS WHO WANT TOURISM POLICING…IF MY GRANDMOTHER A VENDOR HERSELF WAS LIVING TODAY…SHE AND HER FRIENDS WOULD WANT TOURISM POLICING…WE WANT THE MAINSPRING OF OUR ECONOMY PROTECTED
9. PARENTS OF C.V. BETHEL, SADIE CURTIS, CLEVELAND ENEAS SCHOOLS WHO WANT THEIR MINDS AT REST WHEN THEY SEND THEIR CHILDREN TO SCHOOL…LAW ABIDING, HARD WORKING PEOPLE…WANT SCHOOL POLICING…WANT THEIR CHILDREN IN SAFE PLACES WHERE THEY CAN LEARN…
10. DEFENCE FORCE, POLICE FORCE, OTHER SECURITY SERVICES, TEACHERS, NURSES, HEALTH CARE PROFESSIONALS, SECRETARIES, ADMINISTRATORS…THE PEOPLE WHO MAKE THIS COUNRY FUNCTION ON A DAY TO DAY BASIS…THAT’S PINEWOOD!!!!

BACK TO LAW AND ORDER VISION….
• Record numbers of pre schools
• Revamping the family life education program in schools
• Revamping BTVI and training so that opportunities are provided for productive employment in the record numbers of investments in this country
• Providing opportunities for Bahamian entrepreneurs to flourish…$400M of $1.5B already spent with Bahamian owned companies
• Enhanced facilities and training for police
• Community policing
• Award winning urban renewal…Archbishop Gomez called the most far reaching programme implemented since Independence.
• Swift justice…swiftly caught, swiftly tried and swiftly punished
• Prison to become a corrections facility…revamping of Simpson Penn and Williamae Pratt so that young people have a second chance…
• Community courts to come so that community will swiftly punish minor offences …no sentencing, no appeals, no records…
THESE ARE JUST SOME EXAMPLES…VISIONARY..FAR REACHING…NEEDING THE INVOLVEMENT OF ALL BAHAMIANS…
NOT POLITICAL
ALL BAHAMIANS AND OUR GUESTS HAVE RIGHT TO
SAFETY IN HOMES
SAFETY ON STREETS
SAFETY AT WORK PLACE
SAFETY AS WE GO FROM PLACE TO PLACE
IT IS OUR RIGHT AND WE CLAIM IT
THE GOVERNMENT INVITES ALL RIGHT THINKING PEOPLE TO JOIN US IN THIS ACHIEVEABLE GOAL
300K PEOPLE IS LIKE A MULTI NATIONAL COMPANY.
IF WE ALL WORK TOGETHER WE CAN ACHIEVE THESE GOALS
Without Law & Order anarchy reigns supreme.  We only have to switch on our television sets and we see how communities and societies in many parts of the world are falling apart because of the absence of Law & Order.  Heart-rending suffering and starvation stalk these lands.

 The people of all the Islands of the Bahamas owe a great debt of gratitude to the men and women in uniform who, through their professionalism and love of country, put their lives on the line on a daily basis in defence of the liberties and freedom we enjoy, and too often take for granted.
 

Mr. Speaker:

In 1964, the Police Act was passed in England and Wales and in the following year, that is in 1965, the Police Act was passed in the Bahamas.   Inevitably, as a British colony, The Bahamas adopted the basic principles underpinning the British police force. Since then, the British police force has undergone a tremendous metamorphosis both in terms of its management structure and systems of operation. The same, however, cannot be said of The Bahamas police force. It is clear to all well thinking citizens that the time has undoubtedly come to bring our present police force into the 21st century.

Mr. Speaker:

In the Speech from the Throne presented in this Honourable House in February, the Government reiterated our commitment to continuing our programme of providing safe and secure communities, an important element in the transformation of our society and the fulfillment of our vision of a secure and prosperous nation.
 
The Police are an important and indispensable component of any democratic society.  They play a critical role in ensuring that we can go about our daily business in the secure knowledge that we are protected by the rule of law and that we have recourse when our basic rights are trampled upon.

This Police Service Bill 2006, which is before this Honourable House, contains the critical elements recommended in the strategic review of our police services carried out by CDR International and presented to the Government of The Bahamas in 1999. It deals with the issues which must be addressed as we bring our police force into the 21st century.

Mr. Speaker:

It is quite understandable that this Bill has aroused the interest of every Bahamian citizen.  We are all united in our determination to stem the troubling trend of lawlessness among certain elements in our society. As responsible citizens, we are all paying much closer attention to the performance of our police officers who are our first line of defence as we address this challenge.

Our Police officers have a difficult job.  They are called on to enforce our laws in a fair and impartial manner, recognizing the statutory and judicial limitations of their authority as well as the constitutional rights of all our citizens. .. let me emphasise - recognizing the constitutional rights of all our citizens. This we concede is no easy task.  This is what makes this Bill of the greatest importance, and worthy of the attention of all of us both within and outside the police service.

Mr. Speaker:

The CDR Report to which I referred was the first serious strategic review of the Royal Bahamas Police Force. It contained one hundred and forty (140) recommendations with reference to our Force’s management structure and systems of operations. These recommendations in essence form the basis of the legislation before this Honourable House.

Mr. Speaker:

The process, leading up to this stage, as is the practice when this Administration has approached fundamental issues in our nation, has had the widest consultation with various stakeholders. In this instance, we have met with such sectors of our society as the church, civil society, community groups, the business community, and, of course, the rank and file of the police force.  The Police Staff Association has been involved since 2001; and three senior and highly respected and qualified officers of the ranks of Assistant Superintendent and Superintendent together with the then Deputy (and now) Director of Legal Affairs were involved in the drafting process.

 So Mr. Speaker, the Bill before this House commands a broad consensus from all the major stakeholders and, I dare say, the Bahamian public.

Mr. Speaker, there will of course be detractors as we have already seen, who will find fault with anything.  There may justifiably be areas of the Bill that might need revisiting. We are fully prepared to do so where necessary.

Mr. Speaker:

The philosophy behind this Bill is not new. In many ways, it is a return to basics. Many jurisdictions have embraced the concept of ‘community-oriented policing’ as a strategy to reduce and control crime and to police the community by consent.

We have also consulted with our regional and international partners. Not surprisingly, we found that in our region, Barbados, Trinidad & Tobago, Jamaica, etc. are in sync with this concept of community-oriented policing. So are larger countries such as Canada and the United Kingdom. Studies have also shown that we are moving in the right direction. Indeed, a criminologist of international repute succinctly sums up this philosophy as follows:

“Community policing is a philosophy and an organizational strategy that promotes a new partnership between people and their police.  It is based on the premise that both the police and the community must work together to identify, prioritize and solve contemporary problems such as crime, drugs, fear of crime, social and physical disorder, and overall neighbourhood decay, with the goal of improving the overall quality of life in the area.”

Mr. Speaker:

This is the philosophy that drives the Prime Minister and his Government’s urban renewal programme initiated some four years ago.  This is a programme that reaches beyond the Royal Bahamas Police Force into other Government agencies, transforming communities and demonstrating genuine respect for human dignity. Put simply, Mr. Speaker, each one of us as individuals and in representative organisations such as the church, community groups, civil society and corporate persons are all stakeholders in this noble cause.
 

Mr. Speaker:

The Deputy Prime Minister and Minister of National Security has already spoken at length about the provisions of this Bill, but I wish to highlight a few critical areas because of their dimension and importance.

 Mr. Speaker:

The first matter I wish to highlight is the Commissioner’s Policing Plan.  We all know from personal experience perhaps, or from the experience of people we know, that for any entity to successfully take off and prosper it must have a business plan. Though the police service is not a business, there are many aspects of its operation that ought to operate like a business.  Clause 8 of the Bill provides that at the beginning of each year the Commissioner shall prepare for the Minister a plan setting out the proposed arrangement for policing of The Bahamas during the year.  The content of this plan will focus on priority areas for the police, the projected financial and human resources as well as the broad allocation of those resources.  Mr. Speaker, such a plan ensures that our police receive not only the best training available but are adequately equipped both in numbers and equipment to meet the challenges of modern day policing. Mr. Speaker, such a plan is also critical to the maintenance of the highest operational standards.

Mr. Speaker:

It is no accident that the police force falls under the portfolio of the Deputy Prime Minister and the Minister for National Security.  This is because Law and Order is a national security issue, and quite appropriately so because the breakdown of Law and Order would threaten the survival of our way of life, and the exercise of our Democratic rights as I said earlier.

This is why we see in clause 3 of the Bill that the National Security Council, in consultation with the Commissioner of Police, shall be responsible for generally securing the maintenance of an adequate and efficient police service for The Bahamas.  Mr. Speaker, this does not in any way detract from the powers of the Commissioner of Police. The Commissioner retains responsibility for the operational direction and control of the police and reports directly to the Minister responsible for national security.

An annual report will also be required within six (a Movement to the Bill extends the period from 3 months to 6 months) months after the end of the financial year.  This annual report will be laid before this Honourable House for scrutiny and debate.

Another Section I wish to highlight is Section 65 which provides for the appointment of a qualified External Inspector whose functions shall be to inspect and report to the Minister responsible for National Security on the efficiency and effectiveness of the Police Service.

Mr. Speaker:

This provision in essence underscores our determination to ensure that our law enforcement agencies are held to strict standards of transparency and accountability.

Mr. Speaker

There are times when the police act outside the bounds of acceptable behaviour or illegally. No amount of legislation can prevent such incidents from occurring. What is important is that when they occur the officer that may be involved is held accountable for his actions before the courts.

 Mr. Speaker, no one, and I repeat, no one, is above the law.

I have emphasized lately my determination to ensure swift justice, swift prosecution, swift trial and swift punishment. As much as we must support good officers, those who break the law will be prosecuted to the full extent of the law.

In keeping with our determination to ensure that our police officers are held accountable, Clause 80 of the Bill speaks to the appointment by the Governor General of a Police Complaints Inspectorate that is independent of the Police.  The Inspectorate can request any information or documents with respect to complaints against the Police and will be responsible for reviewing the investigation and determination of the complaints by the Complaints and Corruption Branch to assure that investigations are conducted impartially.

Mr. Speaker:

Permit me at this juncture to address you on a matter that was raised during the debate on this Bill last week – the relationship between a peace officer and a constable (Part IX of the Bill).

First of all Mr. Speaker, you will note in clause 71 that the peace officer falls under the command of the Commissioner in the same way as the constable.  He appoints and discharges the peace officer.  The peace officer has similar functions to the constable in terms of the preservation and the promotion of Law and Order and also possesses all the powers, authority and protection of a constable.  There are also significant differences. A peace officer must NOT be under the age of eighteen (18) years or over sixty years; his appointment is on a yearly basis.

I have already made reference to the transforming impact that the Urban Renewal initiative is having in our communities and our society. The community peace officer is in the frontline of this initiative.

Mr. Speaker:

It is our duty to demonstrate in practical ways that they are amply and rightly provided for financially, not only during the course of their service, but also in the unlikely event that they are injured or killed in the line of duty.   Firstly, Mr. Speaker, this government will provide every benefit that is due to all our public servants. Our police, too, must be justly rewarded for services rendered to community and country.

The Deputy Prime Minister and Minister of National Security has dealt extensively with the carefully structured provisions proposed for the dependents of officers who may lose their lives in the line of duty which is referred to in Clause 95 of the Bill.  In this Clause we give clear and specific guidelines as to the provision of adequate financial support for all the dependents of such police officers.  Every citizen of The Bahamas will no doubt support these provisions. As a civilized and caring nation, we can do no less.

 Mr.  Speaker:

  You would have noted that the philosophy behind this Bill is to ensure that our Police Service is fully equipped and trained to meet the challenges of modern policing.  It bears in mind that it is imperative that a sophisticated criminal must be equally matched, if not surpassed by a sophisticated law enforcement system.  This Bill represents the new approach by our government and demonstrates our sensitivity to our peculiar challenges, our own culture and the need of our own people.

  We are already seeing the benefit of our visionary Prime Minister’s Urban Renewal initiative which will be addressed at length by both the Prime Minister and the Deputy Prime Minister. This programme is transforming our communities in the length and breadth of our country.

 Where once there was despair, there is hope, where once there was lawlessness, there is the restoration of the rule of law.  The people are once again taking control of their neighbourhoods and their communities. Their lives are being transformed in a way that they could not have imagined a few years ago.

Mr. Speaker:

 This Bill ought to be non-controversial because it deals with a matter which affects each and every one of us, regardless of political, social and economic status, and I trust therefore that it will receive the support of every member of this Honourable House and the Bahamian people.