NEW DAY, NEW RULES: HOA passes legislation for transition out of state of emergency

Opposition supports bill but Pintard questions removal of controversial competent authority

NASSAU, BAHAMAS — Members of Parliament yesterday unanimously passed a bill to provide for the removal of the state of emergency and emergency orders and the implementation of rules to manage COVID-19 protocols.

It is recognized that all that was done could have been done under existing legislation.

– Minister of National Security Wayne Munroe

Deputy Prime Minister and Minister of Tourism Chester Cooper tabled in Parliament the COVID-19 Pandemic Special Provisions Bill, 2021, and the Emergency Powers (COVID-19 Pandemic) Management and Recovery) (No 2) Amendment (No.17, Order, 2021.

The bill seeks to provide for the modifications of the Local Government Act, the Education Act, the Immigration Act and the Data Protection (Privacy of Personal Information) Act, which were modified by the Emergency Powers Order, 2021.

Minister of Health and Wellness Dr Michael Darville.

During his contribution to debate on the matter, Minister of Health and Wellness Dr Michael Darville said the changes will provide a clearer picture as to how the government will navigate the pandemic and outline the rules on how the general public is expected to act once the orders end on November 13.

Darville said the new protocols come after two weeks of consultation with various stakeholders but remain a “living document” that can be amended as needed.

“Because of the time constraints, we have decided to use these amendments to our benefit while we work diligently to put a strong piece of legislation that will help us in the future, in the event that we confront a similar thing like a pandemic of this magnitude,” he said.

The health minister said these rules will help prevent community spread of COVID-19 and ultimately reduce the incidence of individuals going to the hospital with severe cases.

Minister of National Security Wayne Munroe charged that while the country is still in a state of emergency, had the previous Minnis administration paid heed to the advice given by senior legislators and senior lawyers, there would be no need for the bill at this time.

Minister of National Security Wayne Munroe.

“They did not listen then, so we are compelled to act now,” he said.

Munroe insisted that if the Davis administration could do what it is doing to make amendments to existing legislation, it means the previous government could have done the same and the competent authority was not needed.

“It is recognized that all that was done could have been done under existing legislation,” he said.

There have been four separate proclamations since the first one last year, with the extension of the latest one set to end on November 13.

The removal of the emergency orders is among the Davis administration’s campaign promises included in the Speech from the Throne.

The government also tabled the Health Services (COVID-19) (Prevention and Management of Community Spread) Rules, 2021, and the Health Services (COVID-19) (General) Rules, 2021 in Parliament that would govern the coronavirus pandemic response in lieu of the emergency orders.

The new rules mandate every person to practice social distancing unless in the same household; and that every business ensures all customers do the same while limiting the number of patrons inside at any time, on the basis of one person for every 30 square feet, and have distance markers.

The rules also provide for mask-wearing measures, with a breakdown of use while attending the beach and exercising.

Former Prime Minister Dr Hubert Minnis. (BIS PHOTO/YONTALAY BOWE)

During the last sitting of Parliament under the Minnis administration, former Prime Minister Dr Hubert Minnis tabled a new bill that would have put in place a statutory framework to mitigate public health emergencies.

While opposition MPs yesterday supported the bill, members on the other side insisted that many of the protocols were also including the FNM’s bill.

Marco City MP Michael Pintard noted that the government’s move is not a “brand new consideration” and also called into question the removal of the competent authority.

Meanwhile, East Grand Bahama MP Kwasi Thompson urged the government to include the opposition as a part of its advisory council and make the new COVID-19 mitigation efforts a bipartisan one.

The bill was passed without any votes against it. The House of Assembly is expected to return on Monday.

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