By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

THE Bahamas Customs and Immigration Allied Workers Union (BCIAWU) is again accusing the Davis administration of not complying with a 2021 Supreme Court ruling that found the government’s practice of appointing immigration officers on a contractual basis illegal.

BCIAWU president Deron Brooks claimed the administration breached the industrial agreement and the law by appointing William Pratt as director of immigration again, even though he is past retirement age.

Mr Pratt, 66, was brought back to head the department after the early retirement of Keturah Ferguson, 62.

The union has filed a trade dispute contesting his appointment. Although the Davis administration said a replacement for Mr Pratt would be found, officials have not indicated when he will be replaced.

In a statement on Wednesday, Mr Brooks reiterated that the union had successfully challenged previous administrations’ practice of contractually appointing immigration officers. He cited Article 108 of the Constitution, which places the power to appoint such officers with the Governor-General, acting on the advice of the Public Service Commission.

The union contends that bypassing this process is unconstitutional.

Minister of Foreign Affairs Fred Mitchell responded yesterday, saying the government’s lawyers disagree with the union’s interpretation of the 2021 ruling.

“I had discussions with the union, and I am afraid the government’s lawyers do not agree that that’s what that says,” said Mr Mitchell, a former immigration minister. “So, there is a legal disagreement on it. I’ve spoken to the head of the union, who is in Freeport. When I saw it myself, I had long discussions with them.”

He insisted that Mr Pratt’s appointment is legal.

Mr Brooks criticised the government’s practice of re-engaging retired officers on contract, arguing it undermines morale and succession planning within the departments.

 “It is also the understanding of the union that the Bahamas Customs Department may be considering re-engaging retired officers,” he said. “The mandatory retirement age in the civil service is 65 years.”

Mr Brooks believes the government should promote from within the departments to fill vacancies in top management positions.

“The argument or rationale for contractual appointments that officers in the superintendent rank, who have over 34 years of service, are not yet ready, or that they are not getting along, or due to COVID-19, does not justify anything,” he said.

He stressed the need for a proper succession plan, noting that “as it stands now the employer does not advise the union when vacancies exist in either department, so persons are made aware and have the opportunity to fill vacancies in upper management”.