The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Bahamian aviation industry enjoyed “a red letter day” yesterday, after the Government finally introduced legislation to bring its regulatory and safety functions into line with international standards.

Captain Randy Butler, Sky Bahamas’ president and chief executive, told Tribune Business that the Christie administration’s move would immediately boost this nation’s credibility in the international aviation industry.

He added that it would also aid Bahamian-owned carriers such as his own, which serve international destinations, and help the sector develop its future plans.

The Government, in its Civil Aviation Bill 2015, admits that the Bahamas has “struggled to comply” with the standards set by the global industry watchdog, the International Civil Aviation Organisation (ICAO).

The Bill’s ‘objects and reasons’ said it would be “a monumental accomplishment” for Parliament to pass it, and other legislation tabled in the House of Assembly for first reading yesterday.

The Christie administration’s action comes more than three years after Tribune Business first revealed the contents of an ICAO ‘Action Plan for the Bahamas”, dated April 2012, which effectively said this nation had done the least - in terms of implementing an aviation safety regime - in the entire Americas region.

The document raised major questions for the former Ingraham administration, as it noted that for two years leading up to 2011, little was done to act on recommendations made by ICAO during a February 2009 audit.

“The audit revealed that the overall lack of effective implementation (LEI) of a safety oversight system was 62 per cent,” the ICAO action plan said. “Therefore, the Bahamas is the state with the highest LEI in the Americas.

“High lack of effective implementations (LEIs) were reported in the areas of aerodromes and ground aids (AGA) at 98 per cent, air navigation services (ANS) at 77 per cent, and Organisation (ORG) at 57 per cent.”

And ICAO’s follow-up June 2011 audit of the Bahamas “revealed little progress, with the lack of effective implementation improving marginally to 56 per cent”.

Pleading guilty, the new Bill reads: “The Bahamas, as a contracting member state to the Chicago Convention on International Civil Aviation and ICAO has struggled to comply with and meet the obligations concomitant with such membership.

“ICAO, in audit and mission reports, has made various recommendations for the transformation of the Civil Aviation Department into an independent civil aviation authority.......

“By the enactment of the Bill and the rest of the legislative package, the Bahamas will have achieved a monumental accomplishment, allowing it to come into full compliance with, and fulfill, its obligations as a contracting ICAO state and signatory to the Chicago Convention.”

The Civil Aviation Bill creates such an entity, the Civil Aviation Authority of the Bahamas, separating the industry’s operational oversight from its regulatory functions.

Air navigation services will be separate from regulation, and there are provisions for an independent accident investigations department; airspace regulation; air traffic services and aerodrome certification.

And the Airport Authority Amendment Bill transfers management and operational authority for 28 Family Island airports to this government entity, and a newly-created Family Islands Airport Department.

Backing the Government’s long-awaited initiative, Captain Butler told Tribune Business that it was important for the Bahamas not to just pass legislation but follow through with the implementation.

“It’s a red letter day,” he told this newspaper. “I think it’s important that I commend the Government and the Minister [Glenys Hanna-Martin] for taking the initial steps to put the legislation in place.

“I’m encouraged to see if the appropriate political will will continue on with the regulations, guidance materials and implementation of standards and, therefore, the establishment of these departments.

“It’s good to put things in law, but we’ve got to carry them right out. I encourage the Government and the Minister to carry on and ensure we have the standards in place, and show they’re in place. It seems they’re going in the right direction, and I give them kudos for getting this done.”

Captain Butler said there were eight essential requirements for an aviation safety regime, including laws, regulations, the necessary civil aviation structures, guidance materials, training and qualifications for inspectors and people, a system of certification, and surveillance and safety systems.

The Sky Bahamas chief said yesterday’s tabling of legislation was effectively the Bahamas “making good on promises” to ICAO and others that it would overhaul its civil aviation regime.

“At a time like this it’s very, very important,” he told Tribune Business. “People can plan better, especially if you have regulations and know the direction the Government is going.

“It’s good for us in international airlines. We have proper regulations in place, where countries see we’re in compliance with ICAO. It shows a higher level of standards in the industry.”

Captain Butler again urged the Bahamas to retake control of its airspace from the US by establishing a Flight Information Region (FIR).

The fees paid by airlines and planes to fly over the Bahamas, he suggested, would help to finance the new Civil Aviation Authority.

And, if the Bahamas could not take back control, Captain Butler argued that it should at least try to collect a percentage from what the US receives.