By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

THE Davis administration passed legislation to reorganise the Ministry of Foreign Affairs after debate on the bills was cut short when Opposition Leader Michael Pintard attempted to address a controversial incident that led to his and his colleagues’ suspension from Parliament last month.

The bills, The Foreign Service Bill 2024 and the Ministry of Foreign Affairs Bill 2024 –– which repeals and replaces the Ministry of Foreign Affairs Act –– received unanimous support from the governing party but faced opposition.

FNM MPs, including Killarney MP Dr Hubert Minnis, voted against the bills at every stage after Mr Pintard was prevented from completing his contribution for straying off topic to last year’s mace-throwing incident.

The session marked the return of those Opposition members following their two-day suspension.

“Either we’re going to stick with the rules or we’re going to close the debate,” Mr Mitchell warned before invoking closure under a parliamentary rule allowing the Speaker to end debate in cases of “tedious irrelevance.”

Before this, Mr Mitchell told St Anne’s MP Adrian White: “You don’t have to listen to it. You can plug your flicking ears,” after he said they did not have to listen to his remarks. Mr Mitchell later issued a statement criticising the opposition, accusing them of depriving the public of a meaningful debate on foreign affairs.

“The FNM and their trolls will try to dress this up as some great battle for democracy in which they are engaged,” he said. “They will say that they have been deprived of their rights to speak. Clearly, that is not the case since they put their points in later at member statements.”

He described the opposition’s reversal on the legislation as “incredible”, noting their earlier support for the bills.

“It was just plain shocking and clumsy ineptitude which led them into error today and caused them to fail to put the case for those people, including their supporters and the employees in the ministry who gave them questions too about the bills and the effectiveness and meaning,” he added.

 The bill establishes the Department of Foreign Service, which will be led by the director general.

“The design of the legislation is similar to what occurred with the ministry of tourism,” Mr Mitchell added. “So just as there is a department of tourism and a ministry of tourism … there will be a ministry of foreign affairs and a department of foreign affairs.” This department, according to the bill, is empowered to own property, sue and be sued, enter into contracts, and operate bank accounts.

The director general will be responsible for overseeing technical matters related to the foreign service, including the formulation and promotion of foreign policy, as well as advising the minister. Additionally, the bill designates the director general as the principal accounting officer of the department.

The bill outlines the qualifications for diplomatic and consular officers, requiring them to be Bahamian citizens and to possess qualifications and experience as specified in the Foreign Service Orders. The appointment of an ambassador, high commissioner, or any other representative of The Bahamas in another country, or accredited to an international organisation, shall be made by the Governor-General, acting on the advice of the Prime Minister, in accordance with Article 111 of the Constitution.

According to the bill, the prime minister will also appoint officers required to reside outside The Bahamas for the proper discharge of their functions, other than heads of mission, in line with Article 112 of the Constitution.

Appointments of officers serving at headquarters will be made by the minister, after consulting the Foreign Service Committee.

The bill establishes the Foreign Service Committee, an advisory body tasked with advising and making recommendations to the Prime Minister and the Minister regarding foreign service appointments. Members of the Foreign Service Committee will be appointed for a term of three years and may be reappointed for further three-year terms.

“The Foreign Service Committee shall have power to hear, in respect of a posting, promotion, transfer or secondment of persons appointed under subsection (2)— (a) grievances, disciplinary actions, and appeals in relation to appointments; and (b) the review of remuneration and allowances,” the bill states.

Members of the Foreign Service Committee will include a retired career diplomat at ambassadorial level; the chairman of the Public Service Commission or a representative; a certified human resources professional; a counsel and attorney-at-law with expertise in international affairs and at least ten years of experience at the Bahamas Bar; a certified public accountant; and two other individuals with knowledge and experience in international affairs.

The legislation also establishes the Foreign Service Appeal Tribunal, which shall hear appeals from employees aggrieved by decisions of the Foreign Service Committee. The Foreign Service Appeal Tribunal has the authority to affirm or set aside the Committee’s decisions or to make any other decision it deems appropriate.

“The idea is to make this more transparent,” Mr Mitchell said. “Those of us who are lawyers know that there is this duty to act fairly, which is incorporated into our administrative law and so the idea is to import this into the way that promotions, transfers, those things work.”

He cited, for example, that current rules allow for a three-year appointment overseas, but some people have been stationed abroad for nearly a decade or longer. He noted that over time, people can develop attachments, which he described as a security issue for the country.

The bill also states that the minister may, after consulting with the Foreign Service Committee, make orders to govern and regulate the foreign service of The Bahamas, including the conduct, classification, ranks, and terms and conditions of service for foreign service officers and foreign service employees, including non-Bahamian staff locally employed at a mission.

The bill additionally addresses the transfer of public officers, stating that all public officers and contract officers assigned to the department at the commencement of this Act will be transferred, with their consent, from the service of the government to the service of the department.