Natl security minister led case to a historic Supreme Court ruling as QC
NASSAU, BAHAMAS — While he believes the matter should run its course, Attorney General Ryan Pinder advised yesterday that the government has to discuss whether it will still go to the Privy Council to appeal a Court of Appeal ruling that children born out of wedlock to foreign women and Bahamian men are entitled to citizenship at birth.
Minister of National Security and Freetown MP Wayne Munroe, QC, represented the five applicants in the matter in his private legal practice.
Speaking to reporters during the first full meeting of Cabinet, Pinder noted that the matter has to be discussed with the prime minister.
“My personal belief is that you let those type of matters run their course in the courts and have a determination made in the courts and at the highest court level to the Privy Council,” he said.
“That’s nothing unique to this country… So, my personal belief is this is a matter that should go to the Privy Council and get a determination from the highest court in the land.”
Under the Minnis administration, the government had sought to appeal the ruling handed down by Supreme Court Justice Ian Winder last May, in the “public’s interest”.
The appellate ruling dismissed the government’s appeal and awarded costs to the respondents.
Former Attorney General Bethel told reporters that the matter would have ended in the highest court — the Privy Council — no matter which side won the appeal.
The controversial ruling dealt with separate applications for declarations over the true interpretation of Article 6 of the Constitution, which deems that “every person born in The Bahamas after 9th July, 1973, shall become a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of The Bahamas”.
All five judges of the Court of Appeal sat in on the hearing and gave written judgments on the matter, with three agreeing with Winder’s ruling and two offering dissenting views.
The matter of passing on citizenship continues to be a longstanding hot-button issue throughout the country’s history.
A bill has been drafted by the Law Reform Commission, headed by Dame Anita Allen, that would repeal the Bahamas Nationality Act and the Immigration Act.
The proposed legislation puts forth sweeping changes to the country’s immigration laws by seeking to address long-standing issues surrounding statelessness and the right to pass on citizenship.
While there have been three draft versions of the bill after public consultation, the legislation was not tabled in Parliament.
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