“Gomez cautions govt. on Spy Bill” – The Nassau Guardian

Excerpt from this article; “Former Minister of State for Legal Affairs, Damien Gomez yesterday cautioned the government on the Interception of Communications Bill, 2017, saying he has reservations about the state interfering in the privacy of its citizens.

‘I do have reservations about interfering with what prima facie is a fundamental right to privacy,’ said Gomez, who was contacted for comment.

‘I would need to see what is being proposed in order to give a full analysis, but any provision that has the judicial order, and the test is reasonable suspicion, I am not too concerned..

‘However, to just have a policeman or even the commissioner of police or a minister, whether it be the attorney general or anybody else making that determination, I would have great reservations about that that.”

Exactly what is ‘reasonable suspicion’ as it relates to the violation of a person’s right to privacy, how will it be determined?

During the Progressive Liberal Party’s administration, when they sought to introduce the Interception of Communications Bill, labeled “The Spy Bill” by the opposition Free National Movement (FNM), I wrote; “As I sit here clearing my browser history, the Attorney General [Allyson Maynard-Gibson] seek eave to educate the people about the proposed ‘Interception of Communications Bill – 2017’, claiming that persons have [had] been misled as to the contents of the bill but I take this opportunity to advise her that no one has been misled about the bill; as the contents of the bill are quite clear.  The real concern is [was] the integrity of those presenting the bill, as we have already seen that they have the propensity to interpret or misinterpret the bill in their best interest.” 

It was m fervent belief that due to a lack of confidence at the time in the governing Progressive Liberal Party (PLP) government and in the attorney general herself, I was convinced that they would use the ‘powers’ of the bill if it became law, to further their political agenda; I still stand by this belief.

As the Free National Movement (FNM) once stood against the bill, I must say that I still have lingering concerns as they [the Free National Movement] seeks to reintroduce the bill to the people and my concerns fall in line with those being expressed by former State Minister for Legal Affairs, Damien Gomez; which are the interference with the fundamental right to privacy, I just wonder when did he have these concerns as the former attorney general and her government attempted to thrust this down the throats of the Bahamian people, be that as it is, he does make some very good points as he voices concerns about the bill; one being, “I think one of the major failings of the currents Listening Devices Act (the legislation that oversees the country’s wiretap law) is the attorney general is a politician .

“I would prefer it to be a non-political person.”  I think what he [Mr. Gomez]] is saying is that he would prefer that the person is not affiliated with any particular party; I would be wrong and stand to be corrected, but if this is what he is trying to say then I would agree for the most as there is one problem – exactly how do you select a person that is ‘no-political’?

The main problem that we have right now is that the attorney general is appointed by the governing party and elected by the people from a number of ‘non-political’ candidates because no matter the process, politics would find a way to rear its head but by them be elected by the people it would make them ‘appear more neutral in their dispensing of judicial matters.

Now the Free National Movement (FNM) is seeking to re-introduce a bill, which they once stood against but first it has to ‘tweeted’ and Attorney General Carl Bethel now assures us ‘….that the FNM’s version of the bill has the appropriate checks and balances, and there are ‘some buffers’ in the bill to prevent suggestions if abuse of power”, as Damien Gomez says we will have to wait and see what the new bill as proposed actually says, I would just like to add that I hope this is not like The Freedom  Of Information Act; a can that has been kicked down the road for far too long.

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