Minister of Education Jerome Fitzgerald discussed emails involving Save the Bays in Parliament last year.
By KHRISNA VIRGIL
Tribune Staff Reporter
kvirgil@tribunemedia.net
DATA Protection Commissioner Sharmie Farrington-Austin has cautioned against the practice of obtaining private citizens’ correspondence and tabling them in the House of Assembly in response to several complaints regarding private emails that were recently tabled by Education Minister Jerome Fitzgerald.
This, she, in a press statement, is “a most dangerous trend and leaves society open to chaos”.
Mrs Farrington-Austin, however, revealed that none of the parties allegedly affected by the tabling of the emails has made any direct complaint to the Office of The Data Protection Commissioner.
Earlier this month, while contributing to the mid-year budget debate, Mr Fitzgerald read from private emails exchanged between members of Save the Bays. These included Grand Bahama attorney Fred Smith, entertainer Kirkland “KB” Bodie, public relations specialist Dianne Philips, environmentalists Romauld Ferreira and Joseph Darville in addition to former Free National Movement Chairman and Senator Michael Pintard.
He later tabled the documents.
At the time, the Marathon MP claimed Save the Bays masquerades as an environmental watchdog group but has used million of dollars to “entrap” Canadian fashion designer Peter Nygard in an alleged murder plot to ultimately “destabilize” the government.
In a joint statement released by Mr Fitzgerald and Minister of Foreign Affairs Fred Mitchell, the men said while they have no comment on the data protection commissioner’s personal views on this matter, “her statement and commentary in the absence of a formal complaint is indeed curious.” They also denied that either of them was party to any unauthorised access to emails.
In their statement, the MPs attempted to divert from concerns over how the emails were obtained by saying the point of focus should be “about a well-funded environmental organisation that is not about the environment, but Save The Bays is about politics and destabilising the government of The Bahamas and has spent millions of dollars to do so.”
“Let’s us not be distracted from that salient fact,” their statement continued.
Before Mr Fitzgerald’s communication in the House, Mr Mitchell also spoke at length accusing STB of funneling millions of dollars from billionaire hedge fund manager Louis Bacon to fund a vicious campaign against the government.
In response to several complaints and inquiries regarding the private emails that were tabled, the data protection commissioner said the relevant data protection issue in this matter concerns whether anyone gained “unauthorised access” to the emails before they were tabled in the House of Assembly.
She said: “It is noteworthy that not one of the complainants provided this office with any evidence to assist this office in its investigations. Most importantly, none of the parties allegedly affected have made any direct complaint to the Office of The Data Protection Commissioner.
“The commissioner notes that there are several statements within the public domain outside of what has been tabled in the Parliament. The commissioner would have jurisdiction in respect to these matters if they involve the unauthorised disclosure of personal information.
“In seeking to deal with such matters, this office is also mindful of international best practices and other conventions that are likely to impact the matter before us for persuasive value.
“It is important to note that it appears that none of the statements within the public domain contains the said emails. I stand to be corrected.”
She continued: “It is my considered view that members of Parliament ought to be cognizant of the fact that members of the public expect that their members of Parliament will be held to the same standard as ordinary citizens in relation to the commission of a criminal offence.
“No citizen should be above the law. This office cautions against the practice of obtaining private citizens’ correspondence and tabling them in the House of Assembly. This, in my view is a most dangerous trend and opens up the society to chaos.
“Citizens have a right to expect that their private communications would enjoy the protection afforded them under the laws of the country.”
She further noted that documents tabled in the House of Assembly enjoy parliamentary privilege. Under section five of the Data Protection Privacy of Personal Information Act, she said deliberations of Parliament and parliamentary committees, are excluded. Therefore, the data protection commissioner is not the appropriate authority to make any rulings or comments with respect to the admissibility of correspondence in Parliament.
Meanwhile, Mr Mitchell and Mr Fitzgerald said the matter has also been referred to the House Committee on Privileges.
“The data commissioner herself recognises that the Act has no jurisdiction with regard to statements and documents laid in Parliament. We agree,” the joint statement read.
“Further, the matter has been formally referred to the Committee on Privileges and that committee has the power to send for persons and papers. We will cooperate with the committee of the House fully. It is the House committee that has complete jurisdiction over MPs. Let the public be assured that neither of us is a party to any ‘unauthorised’ access to e-mails.”
The MPs added: “This particular matter now rests with the police, the Office of the Attorney General with a view to a possible IRS investigation into the use of millions of dollars of tax exempt funds being used for political purposes in a foreign and sovereign country.
“It is ironic that the same people who were fighting for Freedom of Information and transparency are now running to court to stop the same freedom they were supposedly fighting for. What a difference a day makes. A bunch of self-righteous hypocrites,” they added.
Meanwhile, STB Chairman Joseph Darville has called the release of this information “a cowardly, cynical and sinister act calculated to silence and intimidate, while at the same time distracting from their own considerable political troubles.”
He said the MPs sought to attack STB in the most cowardly of manners, from behind the protection of parliamentary privilege where they are immune from legal action. Clearly, he said, they would not dare to do the same in the public street for fear of prosecution.
Comments
lazybor 8 years ago
Big brother , huh? That's criminal!
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observer2 8 years ago
"Power tends to corrupt, and absolute power corrupts absolutely." Sir John Dalberg-Action.
The recent consolidation of power, control and taxation by the current Bahamian government is truly shocking. Eg: 51% ownership of BTC, proposed 51% ownership of the Cable Cellular service, 51% control of the monopolistic shipping port in Nassau, perennial loss making BahamasAir competing against private aircraft services, legalization of gambling against the wishes of the Bahamian people, pervasive implementation of VAT on almost every business transaction and the proposed implementation of NHI to the detriment of private health insurance providers.
Perhaps the most troubling development is the edict that new government employees must bank at the Bank of the Bahamas. A bank which is in breach of Central Bank reserve requirements and which NI has invested over $100m with no forensic audit of what went wrong. We should not wonder why the deficit continues to grow above dangerously high levels.
We should not therefore be surprised that the administration sees nothing troubling with the disclosure private information in Parliament.
Read the signs and prepare accordingly. Don't be surprised by what comes next.
GrassRoot 8 years ago
Another smokescreen, this time by Sharmie Farrington-Austin. It is not about the tabling of the printouts of emails in the HOA (where was Speaker Major in objecting to that??), it is about the way the emails were obtained in the FIRST PLACE before Minister of Mis-Education carried them to the HOA. Her argument leads to an "anything goes" as long as some MP tables illegally obtained information in the HOA.
Sickened 8 years ago
What happened Jerome? You used to be such a good, honest boy in school. The one us younger kids used to look up to for help and guidance. Now look at you... a dirty politician, digging a huge hole for yourself.
Godson 8 years ago
Imagine what our future looks like.... He is now our Minister Of Education..
sheeprunner12 8 years ago
That is very scary my friend ........ its a matter of trust and integrity (and plagiarism)
ThisIsOurs 8 years ago
"She said: “It is noteworthy that not one of the complainants provided this office with any evidence to assist this office in its investigations"
"Evidence"? Seriously? These types of investigations require the engagement of persons experienced in network and computer security. It cannot be that the investigation hinges on whether Dianne Phillips or Adrian Gibson provides evidence on who hacked into their company's server. You're the data protection agency, it's your job to dig up that info. The only thing STB needs to say is "we didn't give that info to anyone"
sheeprunner12 8 years ago
Are we sure that the purported email documents were even authentic???????? Can the Speaker confirm this?????? Will he make a public statement on this slippery slope issue???? Will he seek to prevent this type of action in the future by reviewing House rules???????? What else will the PLP MPs seek to divulge about citizens via NIA in its upcoming campaign???????
It is interesting when we observe his response to Rollins' documents vs Fitzgerald's documents ...... it makes one very nervous of the Speaker's ability to be fair and rational in protecting the rights of citizens against political demagoguery in Parliament ......... this unprecedented but will have a lasting effect on the rights of citizens/entities to basic rights of privacy and property as expressed in our Constitution (Articles 21 and 27)
ThisIsOurs 8 years ago
That should be the simplest thing to prove. We already have three people outraged that their private communications were divulged. If they didn't recognize the info as factual, their response would have been different. What is most disturbing to me is that Fitzgerald did not recognize what he was doing was wrong. (Just like Alfred Grey, a lawyer, who claims he didn't know it was wrong to try to influence a magistrate. And Shane Gibson, a firm union leader and current minister of labour who quotes NIB registration as evidence of job creation. And Brave Davis who has no idea if contractors on a multimillion dollar project have all risk insurance. )
Godson 8 years ago
I await to see if Dr Kendal Major is going to signal his approval in this aspect of the diabolical. In which case, There will be a Parliamentary seat up for grabs in Garden Hills.
TalRussell 8 years ago
All Comrade leaders and executives of nonprofit organizations must know that their commitment for financial transparency should NOT come with the expectation to be protected from the public.
Since when did it become critical to be demanding that the Office of The Data Protection Commissioner, step-in to keep anything secret that just may shed some ‘more’ light on what exactly in the hell did goes on with the two alleged Hitmen’s & Firebombers?
Comrades, maybe you’re likes me who is right here scratching me head to comprehend how is it that two graduates from the University of Street Wise, may have pulled-off outsmarting Lyford’s Cay’s brightest and richest, along with politicians and the members legal community?
B_I_D___ 8 years ago
Well considering they have not even tabled the legislation for the currently illegal operation of the NIA, is it that surprising that the government trolls would be using and abusing it to do it's political dirty work and domestic spying?
birdiestrachan 8 years ago
When BOB records were all over the place, no out cry now all of this outcry? Now while STB is busy depicting Mr: Christ as a puppet no problem. but when there is a parade they take issues with their pictures being displayed in a none flattering manner. it is bad... but for them to do the same thing to the Leader of the Bahamas it is all right,: Those men were paid to lie and lie they did. Never mind the man who was receiving fish he said. it goes deeper much deeper than that.
ThisIsOurs 8 years ago
Why do you always miss the point completely? Did any MP read from a private BOB bank report/statement in parliament? What Jerome Fitzgerald did is crazy serious. It's not some tabloid printing a juicy story, it's one of the "leaders" in your country, who's supposed to be upholding the law, dragging the HOA down in the gutter with his thirst for revenge.
ThisIsOurs 8 years ago
And then he says the people in Marathon that he represents are national security threats! Because they showed concern about a toxic oil spill he hid from them for one whole year to save his job
Godson 8 years ago
birdie, you are an amazing creature.
ThisIsOurs 8 years ago
Mr Fitzgerald now says a boogie man left a package on his doorstep with private information and he subsequently disclosed this info in the house. How are these people elected?? Saying "I only disclosed the information I don't know where it came from" is STILL a crime. Receipt is not the issue, it's the subsequent disclosure. It's like someone telling the police officer during a car search I found that unlicensed gun in the bush, I don't know who put it there.
asiseeit 8 years ago
The whole affair is an utter disgrace.
pablojay 8 years ago
My fellow bloggers you are so busy reading your on words that you all missed it on Birdie. In defense of the PLP in her blog above, she called the prime minister " Mr. Christ". That says it all . Please let us all pray for Birdie as she has one very important thing in common with all of us, Birdie is a child of God
baclarke 8 years ago
"“It is ironic that the same people who were fighting for Freedom of Information and transparency are now running to court to stop the same freedom they were supposedly fighting for. What a difference a day makes. A bunch of self-righteous hypocrites,” they added."
WOW, this comment should show their true colors! Amazing! There has to be transparency with those in power as it is too easy to hide corruption and take advantage of the people! And they compare this to the releasing of private emails of private individuals! These guys are a complete and utter disgrace to this country! Why oh WHY are they in power? I wish the people would rise up and physically remove them from their positions.
ThisIsOurs 8 years ago
This again shows the utter disrespect Mitchell and Fitzgerald have for the intelligence of their constituents. Freedom of Information does not give anyone free reign to access and disclose private information willy nilly. Where private information is needed, FOI starts with a request to use the information and an independent body determines if the request has merit.
licks2 8 years ago
CHILD I DONE SEE THAT COMING SOON. . .THESE FELLAS THEM RUNNING WAYYYYYY OUT. . . THEY NEED SOME KIND OF RADICAL ACTION FOR THEIR DISRESPECT AND CORRUPTION!!
sheeprunner12 8 years ago
I hope that Nygard included these emails as evidence in his lawsuit
Godson 8 years ago
THIS IS A VERY SERIOUS BUT JUSTIFIED REASON FOR PUBLIC OUTCRY:
For government ministers to have personal "Political Trash Bins" is a very frightening prospect to consider. And to say openly that nothing is secret any longer in The Bahamas; he may be right, however, please explain when and how this has come to be.
This is very very serious!!!
To add, the government as well as the Official Opposition all seem to have left off from doing the peoples' business and are now being cleverly but subtly lead and driven by two foreigners.
Godson 'Nicodemus' Johnson
sheeprunner12 8 years ago
Public outcry from who????????? .......... Bahamians too busy on Facebook and trying to hustle a numbers win .......... most Bahamians see politics through the eyes of rallies, parties, t-shirts, rum, cash bribes, and pom-poms
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