AG defends Fisheries Bill

Attorney General Carl Bethel yesterday defended a provision in the Fisheries Bill, 2020, which prevents foreigners, including spouses of Bahamians, from engaging in commercial fishing.

His comments during the Senate’s debate of the bill came after former Prime Minister Hubert Ingraham publicly criticized the provision, calling it “pointedly discriminatory” and saying it undermines the Free National Movement’s (FNM) record of promoting equality. He said that the offending provision will overwhelmingly, if not exclusively, have a negative impact on the foreign-born husbands of Bahamian women.

Bethel, however, maintained that the two issues are separate.

“I note that there have been criticisms on the immigration side of this matter,” he said.

“And while that may be so, I do believe that it doesn’t quite logically follow that because you wish to preserve an area of the economy for exclusive Bahamian utilization and benefit, that, that somehow offends the fundamental principle you have that there ought to be full marriage equality in the Commonwealth of The Bahamas.

“It has always been fundamental to the Free National Movement that a Bahamian woman should have exactly the same constitutional rights and entitlements as a Bahamian man. That is fundamental.

“The same way how you have in the Legal Profession Act a direct prohibition, that was brought in, in 1992 when the law was assented to, brought in from nowhere, that if you want to be a lawyer in the Commonwealth of The Bahamas, non-Bahamians need not apply.

“They are stated right off the top as being disqualified except on the basis of special call, to do a particular matter.

“…So, you have in certain areas a carveout. It’s nothing to do with the fundamental principle of marriage equality.” 

Bethel insisted it’s important to reserve the industry for Bahamians.

“This theme in the context of a vitally important law that regulates a critical part of the economy of The Bahamas, one that touches every island, rock and cay inhabited by Bahamians, it is important to preserve that space that will enable, we the inheritors…of this archipelago of islands, rocks and cays, that we should be the primary beneficiaries of the sustainable use, sustainable exploitation and sustainable marketing of marine resources in accordance with the law.”

Bethel added, “We are dealing with people living in some of the most hard-pressed Family Islands who have managed to make our marine resources a viable source of income for them, their families and their communities.”

While acknowledging the concerns of Bahamian fishermen, regarding unsustainable, illegal fishing practices allegedly carried out by foreign fishermen married to Bahamians, Ingraham pointed out that no such cases have made their way before the courts. He said the new bill should not exclude a single category of individuals whose immigration status permits their unfettered access to the economy.

The former prime minister’s stance is in line with comments made by East Grand Bahama MP and former Minister of Finance Peter Turnquest, who last week cautioned the nation against heading down a slippery slope.

In response to Turnquest’s comments, Minister of Agriculture and Marine Resources Michael Pintard said Bahamians missed the opportunity to correct gender discrimination during two failed referendums on the matter.

He said the Fisheries Bill should not be used as an opportunity to rehash the issue.

There have been two failed referendums to address the matter of gender inequality in the constitution, particularly as it relates to a woman’s ability to pass citizenship on to a spouse or child.

The first attempt was during the second Ingraham administration, and the second during the last Christie administration. Both were overwhelmingly rejected by the public.

Bethel said yesterday that the issue of discrimination in the constitution should be given another look.

“Every Free National Movement member of Parliament agrees and every Free National Movement government has fundamentally agreed that the issue of full marriage equality in terms of husbands, the citizenship of your children…there must be, at some time, absolute equality,” Bethel said.

“If we could only find a way for the [Progressive Liberal Party] PLP not to jam us when we try to do it and the FNM not to jam the PLP when they try to do it, one day we’ll get there.

“I would like to really suggest that whatever the results of the next election, that whoever wins should move immediately once more on this issue.”

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