Bill passed to end Emergency Orders

By KHRISNA RUSSELL

Tribune Chief Reporter

krussell@tribunemedia.net

MEMBERS of Parliament passed a bill yesterday to bring an end to certain suspensions implemented under the former Minnis administration through the Emergency Powers Orders.

National Security Minister Wayne Munroe told House of Assembly members that had the former government listened to senior legislators and lawyers that the emergency orders were not to be in place for a protracted period of time, there would be no need for the transitionary bill.

The Free Town MP also addressed concerns about vehicle licensing. He said motorists have up to 30 days after the end of the Emergency Powers Orders to license their cars.

The current emergency orders come to end on Saturday. The country has been under a state of emergency since March 2020.

 “One can remember that the emergency orders in the beginning suspended vehicle licensing until the conclusion of the state of emergency,” Mr Munroe said. “There is a view that that suspension ended May 2020 with the end of the first period.

 “There is some debate over it. Being a lawyer as I am we would know that anything is debatable. I can say as the Minister of National Security as the police have in this year taken the position that they are enforcing insurance only thereby representing that the suspension was still in place.

 “But I have no expectation that that would change and the persons would have the 30 days after the end of the state of emergency to license their vehicles.”

 Yesterday, the House of Assembly passed a Bill for an Act to Provide for the Transition and Consequences of the Suspension of Certain Enactments under the Emergency Powers COVID-19 Pandemic Management and Recovery Special Provisions Order 2021.

 Regarding these enactments, Mr Munroe said: “The advice to the government is that those suspensions die with the state of emergency. It creates issues and problems and this Bill addresses that.

 “The first issue to be addressed is the issue of local government elections. This ought to have happened in June of 2020. The order suspended them and by section four of the proposed bill it is being thought that they be further extended for 90 days to permit the orderly conduct of elections to local government. The same applies to school board elections and the same extension of 90 days is provided by section five.

 “The emergency regulation also suspended the need to renew work permits, annual residence and other permits under the Immigration Act.

 “Come November 13 when the state of emergency ends that suspension will also end and persons who would have acted in faith with that provision of the regulation may find themselves in difficulties. The regulation provided a 30-day period after the end of the state of emergency to renew and unfortunately the order will cease to have any effect on the 14 of November and the full implications of the law will apply. In order to address and safeguard those persons who acted in good faith, section six of the Bill provides for a 90-day period for those persons to make the necessary applications to regularise their positions in this country.”

 He continued: “Lastly the emergency regulations suspended the provisions of the Data Protection Act in order to permit the National Insurance Board to share with money transmission services personal details of insured persons. That order provided for the suspension of the provision of the Data Protection Act as indicated at the end of the period come November 14.

 “The board and the money transmission services would have difficulty because they would be in breach of the Data Protection Act. The remedy that we’ve found is Section 7 and provides a 90-day period for the board and the money transmission services to resolve a way forward.

 “In the interim and at all times money transmission service will have to keep the information confidential.”

 Last week, the government tabled the 2021 Health Services Rules in the House of Assembly to replace the current COVID-19 emergency orders – regulations that, once enacted, will put an end to the competent authority and empower the Ministry of Health and Wellness to manage the ongoing pandemic.

 According to the regulations, Bahamians and visitors will still be required to wear a mask, sanitize and socially distance following the November 13 deadline.

 A business may also operate provided it “prepares a protocol document containing guidelines relevant to the business as issues or approved by the ministry; completes the ministry’s workplace assessment online survey and ensures that every employee is familiar with the content of the approved protocol document.”

 However, businesses can be closed if ordered by the Health Minister, on the advice of the Chief Medical Officer, for non-compliance or because a COVID outbreak among other things.

 Indoor dining at restaurants also will be allowed at a 50 percent seating capacity, but all customers must be fully vaccinated and have a “valid” negative antigen test result.

 Pertaining to religious activities, church services, weddings and funerals can be held indoors in accordance with protocols provided by the Bahamas Christian Council and approved by the Ministry of Health.