The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

THE government is still undecided on whether it will correct “anomalies” regarding the transference of citizenship through legislation or to leave it for a referendum, according to Law Reform Commissioner Dame Anita Allen.

Public consultation on the draft Nationality, Immigration and Asylum Bill, 2018 ended last week with no submissions from the Christian Council or the Haitian League of Pastors.

There are still concerns about lack of equality between men and women in the transference of citizenship, and the right to abode permit for children born in the Bahamas to foreign parents.

Dame Anita told The Tribune she felt the consultation period went “very well”.

“It is a shame,” she said, “but you know we did consult with the opposition, with the Senate, with the Bar Association, with the law professors at the University of the Bahamas, UNHCR, the Anglican diocese, the Jamaican Hummingbirds, the Chinese Bahamian Association.”

She continued: “Former Prime Minister Hubert Ingraham, we met with Fred Smith, the tourism board, the Hotel and Tourism Association. Also we got written responses from a number of groups, ORG, Capital Bank, also the BFSB (Bahamas Financial Services Board).

“I think we got enough. And a lot of people did respond via media. I thought the consultations went very well.”

The commission will now compile feedback to redraft the bill and resubmit to Cabinet.

Former Immigration Minister Brent Symonette had previously indicated his desire to get the bill before Parliament when it returns from its summer recess in September. He has since resigned from the post, effective July 1.

Dame Anita said the commission was still being guided by this timeline.

“The government still hasn’t determined exactly what ought to be in the bill so they wanted to hear from the public,” she said.

“Those comments that we think are relevant and would improve the bill we are definitely going to include them, and then we intend to do a memo to Cabinet in relation to all of the feedback that we have gotten so that if there is anything we have decided not to put in, and they wanted to be put in, they would let us know. “We’re in the process of collating all of that information,” she said.

The bill was released to the public in April.

“I think the issue of those anomalies, citizenship anomalies which came up on the first referendum in relation to making men and women equal in relation to passing citizenship,” Dame Anita said, “those issues are coming up. That is going to be a decision we are going to have to make.

“Whether we correct those anomalies by legislation or leave it for a referendum - I emphasise that if they are corrected (by legislation), they will not be constitutional rights but rights under the Nationality Act and another government or Parliament will be able to change them.

“We got a lot of feedback in relation to the right of abode that we proposed for children born in the Bahamas to foreign parents and there are some difficulties where you have parents who are illegal here and the child is born here who is a minor, what to do about the child. The child can’t reside in The Bahamas alone so we had proposed only children who have legal guardians, and who have someone to take care of them would be able to get the certificates of abode.”

She continued: “There are some big decisions that have to be made in relation to those persons and we will see how it goes.”

Yesterday, Mr Symonette said he would have preferred greater feedback on the bill.

“When we do the first reading in Parliament that might cause some issues . . .and I would sincerely hope people between now and then would get their feedback in. There are some far-reaching provisions.”

Prominent issues flagged by Mr Symonette included the right or entitlement to citizenship and the length of work permits.

“There is a seven year provision (for work permits) in the bill,” he said, “I think we should look at that and see whether the same value or rating applies to a landscape person as opposed to an international banker. Those are issues we need look at.”

Mr Symonette said he also felt there needed to be provisions that addressed the administrative function of the Immigration Department, but noted this could be achieved with a regulations bill.

“How immigration works and timelines, and why do you need a $10 stamp on an application. Some of that small minutiae that needs to be cleaned up. And the role of the director of immigration. He’s also the head financial officer and those issues. So do you bring that outside of the director of immigration, so there is control and checks and balances. There’s a lot more of that, but that may come in an immigration regulations bill.”