New emergency proclamation

Governor General C.A. Smith declared a third state of emergency in The Bahamas last night.

This gives the competent authority the ability to have up to another six months of emergency powers.

The proclamation reads that, “…scientific and medical experts have advised that COVID-19 is likely to persist as a pandemic in many parts of the world, including The Bahamas, for the foreseeable future until a vaccine is available for wide public distribution.

“…I am satisfied that due to the presence of COVID-19 in The Bahamas and the expected continuance of the presence of COVID-19 in The Bahamas for the foreseeable future, a state of public emergency continues to exist in The Bahamas.”

Parliamentarians were set to debate the extension of the second proclamation, which was made in June, and the accompanying emergency order, today.

Last week, Prime Minister Dr. Hubert Minnis gave notice that he would extend that state of emergency to December 28. However, that state of emergency is now defunct.

The June proclamation was set to expire in December.

The new proclamation, which is dated November 24, will be tabled in the House of Assembly today.

The first state of emergency was declared in March, shortly after The Bahamas recorded its first case of COVID-19.

A “procedural oversight” in the Office of the Attorney General led to the inadvertent expiration of the first state of emergency on June 29, leading to the governor general’s declaration of a new state of emergency on the same day. 

Had that error not occurred, the six-month period permitted by the constitution for a state of emergency would have expired in September.

Attorney General Carl Bethel said last night that Cabinet decided that it did not wish to have a political debate in the middle of the Christmas season.

Bethel noted that the ultimate decision on a new state of emergency rested with the governor general.

“…It was the governor general’s decision to make,” Bethel said. “He could always have said no.”

Had Parliament agreed to extend the June 29 order to December, the House would have been forced to meet in December to deal with the issue again.

Bethel said the holiday season should be enjoyed by citizens, and noted that MPs would be better served helping their constituents during that time.

“It would have been bad to have to come back to Parliament to debate a resolution,” he said.

He noted that a debate would stretch on for at least two days.

Bethel said the governing side hopes to debate an extension of the new state of emergency as soon as possible.

“If we don’t get unanimous consent then the House will debate it on Thursday or Friday or next week,” he said.

He added that the Senate will meet at 3 p.m. today, where the new proclamation will be tabled.

“Based on what the leadership of the House of Assembly is saying, we will follow the House,” Bethel said.

He added, “Our hope is to have the extension passed this week.”

Opposition Senator Fred Mitchell said last night that the government approached Opposition Leader Philip Brave Davis yesterday informing him of the move and sought approval to debate the extension today.

But Davis declined.

In a statement last night, Davis said, “The Progressive Liberal Party does not and will not support the new proclamation of emergency issued this evening by the governor general.

“We will refuse to allow the matter to be debated tomorrow in the House and will not waive the notice requirement.

“The issue of the proclamation is an abuse of power. Civil liberties have been suspended long enough and we say the suspension must end and go no farther.”

Former Minister of State for Legal Affairs Damian Gomez, QC, predicted last week that the government would be the subject of litigation if a new proclamation of emergency is issued by the governor general.

The attorney general told The Guardian recently that the government was looking to deal with pandemics through ordinary legislation.

He said a Medical Emergency Bill was being drafted to deal with “pandemics in the future and allow for limited control measures, sector-specific or island-specific or agent-specific control measures”.

Since March, when the country recorded its first case of COVID-19, The Bahamas recorded over 7,400 cases of the virus.

There has been a decrease of new cases in recent weeks, which in turn has lead to a relaxation of restrictions.

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