PARLIAMENT SESSION
MINISTER OF PUBLIC WORKS, UTILITIES
& BAHAMASAIR
BRADLEY B. ROBERTS MP
TOPIC: ELECTRONIC COMMUNICATION & TRANSACTION ACT 2002
THE DATA PROTECTION ACT 2002
THE COMPUTER MISUSE ACT 2002
FEBRUARY 12, 2003
OPENING REMARK
Mr. Speaker, I rise on behalf of my always loyal and courageous people of the Bain & Grants Town Constituency, to contribute to this debate on the compendium of Bills to be known as the Electronic Communication and Transaction Act 2002, the Data Protection Act 2002 and the Computer Misuse Act 2002.
Mr. Speaker, e-commerce has been in existence in the Bahamas for sometime. Hence these Bills will serve to provide for the legal recognition and framework under which this industry will be regulated.
Mr. Speaker, as outlined in the Policy Statement on Electronic Commerce and the Bahamian Digital Agenda, the Government of the Bahamas holds the view that information and communication technologies are fundamental to the sustainable growth and development of the Bahamian economy across all sectors.
Mr. Speaker, my government has set as a long-term broad based objective, the transformation of the Bahamian economy to a digital one as a means of generating viable opportunities for Bahamians to participate in the global economy. The realization of such opportunities will come through the pervasive use of the Internet to engage in activities such as e-commerce, e-learning, e-government services and certain niche markets within the supply chain.
FNM & E-COMMERCE
Mr. Speaker, last week in this Parliament, we heard the words from the other side of the “PLP lacking the political will.” These words were obviously used as an underhanded way for the Member to purge his history, a history that has been personal and political, when we look at the FNM’s lack of political will in their colossal failure to implement what we are doing with these compendium of Bills introducing e-commerce.
Mr. Speaker, in the 2000-1 Budget Communication presented to the Parliament by the Minister of Finance, Sir William Allen on May 31, 2000, he said the following excerpts on e-commerce:
“It is our view that the appropriate use of information and communications technologies can also improve the lives of the 80% of the world’s population in the developing world.
“With this end in view, the Ministry of Finance, assisted by IBM Canada, has prepared a report on an e-business strategy for the Bahamas. This report has informed a Policy Document on e-business which the government will publish within the coming weeks.
“For that reason, an amount is included in this Budget to commence the promotion of the Bahamas as a center for e-commerce.”
Mr. Speaker, let me repeat that again:
“For that reason, an amount is included in this Budget to commence the promotion of the Bahamas as a center for e-commerce.” The FNM Finance Minister went on to say:
“It is evident that to become a center for excellence in e-business, the Bahamas must become a networked or wired society in which there is ready access to information technology via an internationally competitive telecommunications infrastructure. This is the reason we are now proceeding urgently with the privatization of Batelco and the liberalization of the communications sector within the Bahamas.”
Mr. Speaker, let me too repeat that again, as an example of a real lack of political will:
“This is the reason we are now proceeding urgently with the privatization of Batelco and the liberalization of the communications sector within the Bahamas.”
Mr. Speaker, the FNM Finance Minister went on to say:
“The Bahamas must implement a program of networked learning, that is, it must create an environment where everyone regardless of age, location or social status, is capable of using the new technologies and continues to participate in learning new skills as technologies advance.
“The program will make use of classrooms after school hours and will be so arranged as to accommodate working adults, especially those persons who may have only limited understanding of new technologies.
“This program aims to address the group in our society that could easily be overlooked, and one million dollars has been provided in this Budget for this purpose.”
Mr. Speaker, those remarks were made almost three years ago, but yet here we are today, showing the political will to address the issue of e-commerce. We are showing the political will after the FNM Administration claimed to be moving urgently to privatize Batelco in order to introduce e-commerce. We are here three years later prepared to put the resources of the government behind e-commerce, notwithstanding that in 2000/1 Budget presentation, the previous FNM Administration claimed to have provided $1 million dollars toward the introduction of e-commerce.
And by the way Mr. Speaker, what did ever happen to the $1 million dollars that the Finance Minister claimed was being put toward the education of the populace concerning e-commerce? He made the announcement in the 2000/1 Budget Presentation, the years of infamy for the FNM. Was the $1million dollars instead subverted toward the scandalous affairs of the Educational Loan Guarantee Project and School Repair Contracts, where substantial sums were allocated to political hacks and cronies to pursue the Member for North Abaco’s perverse agenda?
Mr. Speaker, do you remember that sad affair? Do you remember that under a barrage of allegations the then-Minister of Education came to this Parliament with a number of bogus affidavits claiming that the School Repair Contracts were all above board? Do you remember that the former Member for Blue Hills and Minister of Education stood in this Parliament on a Saturday and with his eyes dry and a sincere look misled this House? And yet, equally historical misfits, are now in this place talking about the lack of political will to do the right thing, on the part of the PLP Government?
While on that subject, Mr. Speaker, I saw in yesterday’s Tribune where Sir Arthur Foulkes wrote a column entitled, “The Misfits Who Drag Down Our Institutions.” And my first thoughts were to ponder who hired his pen this week? And then I thought about the fact that he went to some lengths to describe my behavior in this Place. However, he should know that I have no plans of concluding my stint in this place with the ancient reputation of being a lazy and idle Parliamentarian needing a government post in order to survive, nor would I ever end my stint as one that could ever be accused of corruption concerning government funds.
Mr. Speaker, I want Sir Arthur to recognize that if I am a misfit, I certainly knew how to fit, when it came to exposing corruption in the FNM Government and now they are in Opposition, Sir Arthur’s son cannot be heard from and Sir Arthur is writing in a newspaper once a week. Mr. Speaker, how far the mighty has fallen. And to think the fall was initiated by persons Sir Arthur called misfits in his newspaper column. Could you imagine Mr. Speaker, what would have happened if Sir Arthur considered my Opposition Colleagues as persons who knew what we were doing and were not misfits as he called us?
In the name of balanced journalism, I would suggest that Sir Arthur when next writing about misfits in Parliament, that he include at the top of the list the Foulkes father and son team. And if he were to do that, then the FNM could talk about political will and the lack thereof concerning my government, in our efforts to introduce for the first time, legitimately, e-commerce in the Bahamas. But I shall return to the subject of political will and the perpetrator of the clich� in this Parliament momentarily.
DATA PROTECTION ACT 2002
Mr. Speaker, the Data Protection Act 2002 seeks to protect the privacy of individuals in relation to personal data and to regulate the collection, processing, keeping, use of disclosure of certain information relating to individuals and to provide for matters incidental thereto or connected therewith.
Mr. Speaker, the Bill establishes the Office and Organization of the Data Protection Commissioner. It endows the Commissioner with enforcement powers in relation to the administration of the Act. It is an offence for a Data Processor to disclose personal data processed by him without the prior authorization of the Data Controller, on whose behalf the data is being processed. It is an offence under the Act to disclose personal data obtained without authority and penalties will also be attached to such behavior as a result of this Act. Such penalties for a person found guilty under this Act are:
ﾷ On summary conviction, a fine not exceeding two thousand dollars; or
ﾷ On conviction on information, a fine not exceeding one hundred thousand dollars.
Mr. Speaker, this Bill and the data protection aspect leaves me wondering if not at least one Member in this House should have concrete reason to fear this Bill? I ask if one should and I investigated why one may. Would a Member of this Parliament fear this Bill because one of his companies of which he is a major shareholder had secured the National Insurance Data Base to use to his company’s advantage, while he was a Minister? If this happened, then he should fear this Bill because in Annex D of the Data Protection Bill this kind of corrupt behavior is specifically addressed.
Mr. Speaker, however the deeper question needing to be asked is, how would this Member and former Minister have obtained such information? I ask this question because if such a thing happened, it certainly would show a lack of not only political will, but a lack of law-abiding will. How would the information have been obtained? Would he have used his general influence in the country and his historical penchant to benefit from government largesse such as contracts? Would he have used a position as a Government Member to gather such sensitive data? However this chicanery may have been played out, couldn’t it only be done to corrupt a process to gain advantage for his already obscenely fatten pockets?
However, Mr. Speaker, such things as this the Data Protection Commissioner should be most interested in knowing, and should have no hesitation to question a Member that would have engaged in such skullduggery. One thing I do know however Mr. Speaker, many companies, even large ones, have tried to erase e-mails, but have been unsuccessful because the technology is such that a paper trail is always somewhere to be found. So, whichever Member of this Place that may be in possession of this personal data, he should know it is inevitable that this Bill will finally put him through a process that he should have gone through years ago, for I say again, there are penalties for such infractions.
UNAUTHORIZED ACCESS TO COMPUTER MATERIAL
Mr. Speaker, Part Two of the Computer Misuse Bill makes it an offence for unauthorized access to computer material, unauthorized use of the interception of computer service, unauthorized modification of computer material and the unauthorized obstruction of the use of computers. The Bill also provides for Police powers, meaning the Police may arrest without a warrant, any person who has committed or is committing, or whom the Police, with reasonable cause, suspects to have committed, or be committing an offence under this Act.
Mr. Speaker, it is important that all persons recognize the importance of these stipulations under this Act in the compendium of Bills because in this age, e-technology, e-mails and faxes are an integral part of national and international society. It is in this vein that I not only caution, but also, strongly warn persons or entities such as the publication known as the Confidential Source. In the Confidential Source’s obvious zeal to carve out their niche in the journalism sector of our society, on February 5, 2003 Edition, under the headline story of “Employee’s Get Even with Biggity Hotel Boss,” (SHOW NEWSPAPER), several e-mail’s and one fax was published along with the story. If one were to read the story, it would be apparent that the republished computer material was not really necessary for a story obviously designed to satisfy the wishes of some disgruntled workers.
However Mr. Speaker, that is not really the point I wish to make. The point is that unless the victim of the story has a masochistic streak and gave the Confidential Source his own e-mail communications, or the supposed receiver’s of the communications gave it to the Confidential Source, under this Bill this is a serious infraction of the law. No one should have to be concerned that private communications can be accessed for public dissemination without their expressed permission. In this regard, this should serve as a clear warning to all publication’s that may engage in such activity, that this Bill for Unauthorized Access to Computer Material and it’s provisions, will protect citizens from such invasion and violation of their privacy. This Bill in time to come may even benefit and protect the efforts of those at the Confidential Source, who may also have e-communications that they would dread anyone else seeing.
Mr. Speaker, this time and under my government, these compendium of Bills will be enacted. Mr. Speaker, this time and under my government, these compendium of Bills are not just talk and will not be used to subvert attention away from any wrongdoing with public funds going on at the same time or at any time. Mr. Speaker, this time and under my government, this compendium of Bills will be implemented to allow us to exist and compete in a 21st century global village. And this time, Mr. Speaker and under my government, the political will shall be shown to exist and to be exercised to do what is always in the best interest of the majority.
Mr. Speaker, this time my government will do what’s right for the majority as opposed to how it was under the FNM Administration, where only the few, the very few perennial pirates and bootleggers benefited by adding taxpayer’s funds to their initially illegal and perverse coffers. Never again, will a government, at least not my government, perpetrate the elevation of those qualified as immoral criminals, to a position of respectability, by not showing the political will to do the right things for the masses. And Mr. Speaker, while on the subject of my government’s political will, as far as it concerns this Bill, or any other Bill, I wish to dissect the concept of political will and how it is needed for this Bill to meet it’s intended purpose.
LACK OF POLITICAL WILL
Mr. Speaker, last week in this House when I left momentarily from the Chamber, the Member for Montagu proposed that I was leaving to add more weight to my political will to make sure that BEC doesn’t interrupt his power supply as he claimed it did on seven occasions in one day. Mr. Speaker, in what is finally manifesting itself as the Member for Montagu’s dainty delivery of his contributions to this Place, he let his hair down and pulled up his knickers as he launched a litany of caustic remarks concerning the lack of political will on the part of my government.
Mr. Speaker, the Member for Montagu has seemingly erased from his mind that it was because of the lack of political will of his FNM Government in being honest and open that caused the fresh wind to blow on May 2,2002. They couldn’t find the political will to be open and honest with the Bahamian people and as a result of a terrible freak of nature, he’s the only Candidate of New Providence that was left standing after the May 2nd fresh wind. And that was only by the skin of his teeth.
Likewise Mr. Speaker, I remind the Member for Montagu that it was because of the FNM’s lack of political will by his leader to stamp out corruption that allowed him to say as far back as 1993, that former DPM Watson was the only Cabinet Minister that he could trust. And the Bahamian people surely has etched in their minds the legacy of the so-called trustworthy DPM Watson. Now Mr. Speaker, the Member for Montagu was in the Cabinet at the time his leader made that statement and if the former DPM was the only one that he could trust, only God and a few of us knows what all the Member for Montagu can be accused of.
And yet, Mr. Speaker, the Member for Montagu had the gumption to bemoan his lights going off seven times two Fridays ago. And though I will address that situation in a moment, I say again, the Member for Montagu should be thankful that he’s not yet living where he belongs, Southeast of Montagu, where the lights are turned off and on at a specific time every day. And he has the nerve to talk about my government, my Party lacking the political will to do the appropriate things for the Bahamian people?
Likewise Mr. Speaker, while on the subject of political will, I heard the Member for Montagu say that he is seeing more and more of an invasion by old PLP’s into the new PLP Government. He came to that conclusion, he said, because of pictures of Lady Pindling popping up more and more in public view, as if there is something wrong with that or that part of PLP history. Well the Member for Montagu should consider that everytime we handle a Bahamian $5 dollar currency note and see him in public it is truly a reminder of the worst part of Bahamian history; the kind of history that has been roundly condemned by civilizations since the beginning of the world. A history, that if he had the moral will, he would get lost in order for Bahamian people to forget that he represents the worst side of humanity. And yet he talks about any kind of will by my government?
Mr. Speaker, where was the political will of the FNM when it was needed to root out corruption within the FNM Government? It certainly didn’t come from the Member for Montagu. Where was the political will of the FNM Government when it was taking up to five years for persons on remand at Fox Hill Prison to receive trial dates? Where was the Members voice on the topic of political will?
Mr. Speaker, where was the political will and voice of the Member for Montagu to inspire his FNM Colleagues to address the burning issues of the never-ending construction of the Welcome Center on Prince George Dock, the Government Building on Meeting Street, the Police Building in Grand Bahama, when the cruise ship owners were complaining about the deterioration of Prince George Dock? Where was he to tell his colleagues about their lack of will? I’ll tell you where he was; he was busy fixing up his company for a job at the airport, that’s why he didn’t have the time to tell his colleagues about their lack of political will. But he too didn’t have the moral will to avoid doing what his ilk has done for centuries in the Bahamas though he did have the political will to engage in corrupt activity with the support of his government.
Mr. Speaker, the Member for Montagu was the Chairman of the Airport Authority. He knew the serious condition of the major airport runway. Did he get it fix within eight months? Is it reasonable to ask whether he had the political will to get it fixed? Oh no, he was too busy making sure he gave his company the contract to do the perimeter road at the airport. He certainly had the political will to do that, only in that instance the will was motivated by inherent greed and corruption. And of course, he was told to resign or be fired for his behavior as Airport Authority Chairman.
It is said that he was relieved of his duties because of conflict of interest, or as some would say, he was caught with both hands in the cookie jar. He didn’t have the political will to get the runway fixed for the Bahamian people, but he naturally had the immoral will to give his company the contract to fix the perimeter road. And just to show an example of his habitual greed, to this day, he would still say that he did nothing wrong as the Chairman of the Airport Authority. Mr. Speaker, I have said all of that to say this, until the member for Montagu could show the public that he has at least the legal will to do the right things–he is not in any position to talk about the political will of my government.
CABLE BAHAMAS
Mr. Speaker, Cable Bahamas has made a contribution towards the development of e-commerce in our land. Unfortunately, a number of our people see Cable Bahamas as only a provider of cable television. I have chastised Cable Bahamas while in Opposition. I have also said as a Member of the Government, that if Cable Bahamas does not complete it’s contractual commitment to the Bahamian people, the government would be obliged to get another company to complete the installation of services.
However Mr. Speaker, to my surprise, the Prime Minister recently drew to my attention that the former government’s contract with Cable Bahamas was limited to a number of islands. Needless to say, I was shocked and surprised. My shock and surprise caused me to ponder, because I can clearly remember the former Prime Minister, the disgraced Member for North Abaco making statements to the effect that Cable Bahamas was contracted to provide cable television. Therefore Mr. Speaker, I returned to my records and found where on January 2, 1997 the former Prime Minister and disgraced Member for North Abaco, gave a New Year’s address where he said the following:
“We are facilitating the introduction of cable television service to all our family Island communities, a process which when completed in mid-1998, will link all of our island communities by means of fiber optic cable. This development is of critical importance for the expansion of distance education programs throughout the length and breadth of the country. Already, the cabling of New Providence and of Grand Bahamian communities outside of Freeport, in East and West Grand Bahama, is nearing completion and work has advanced to Bimini, Abaco and Inagua. Before the end of 1997 cable will have been extended to Eleuthera and Andros.”
Mr. Speaker, that was the remarks of the leader of the nation to the public in 1997, while all the time he knew that the contract stipulated no such thing. And yet while Bahamians were crying for what they believe they were due, the FNM Government sat quiet and allowed the public to demonize Cable Bahamas, while they knew the company never contracted to do any such thing. And yet, the Member for Montagu had the gall to act cute in this Parliament during his debate, where he talked about my government lacking the political will? The Member needs to prove to the public that his Party has the will to even tell the truth. Of course we know the disgraced Member for North Abaco never even had, nor has, the ambition to tell the truth.
BAHAMAS TELECOMMUNICATIONS COMPANY (BATELCO)
The Member for Montagu last week claimed that:
“If there is no political will to bring an end to the Batelco sale or closure to that process, the way forward about creating e-anything in this country will never happen, because we will not have the infrastructure with which to obtain the status we want.”
Mr. Speaker, the truth of the matter has been to the contrary. The Batelco privatization process under my Administration has been open and transparent. The Member for Montagu must again be suffering from amnesia, as it was the FNM who took the Bahamian public on a most unpleasant roller coaster ride since 1997. But of course, it is inherent that the Member for Montagu would want to change history. But has the Member for Montagu forgotten his FNM Government’s colossal expenditure of over $150 million in it’s failed attempt to privatize Batelco? Yet Mr. Speaker, the Member for Montagu has the audacity to talk about a lack of political will? That suggestion is dishonest and insulting!!
Mr. Speaker, where was the Member for Montagu’s big mouth when his FNM Government lacked the knowledge and commitment to complete the privatization of Batelco? And he’s talking about my government’s lack of political will, when we are showing the will by attempting to clean up the fiscal mess his FNM Government created. Mr. Speaker, the disgraceful mismanagement and ineptitude of the privatization of Batelco is now a classic model of “How Not To Privatize A Government Entity.”
Mr. Speaker, I believe that the Member for South Andros in his contribution last week said that the infrastructure in South Andros is not available to make e-commerce viable. In this regard the Member for South Andros is mistaken because Batelnet dial-up is available as Internet service in South Andros, meaning that the infrastructure is available for e-commerce to exist. I would also like to announce that high-speed Internet service will shortly become available in a number of Family Islands. BTC will complete the upgrade of the Central Bahamas Microwave Radio Link to Sonet technology by the end of the second quarter in this year of 2003. This upgrade will provide the backbone to Broadband access for the Islands of Eleuthera, the Exumas, Long Island and Andros. So e-commerce and BTC are a marriage that will succeed.
Mr. Speaker, BTC recently informed the public that extensive plans are underway to upgrade it’s cellular network, which will significantly increase system and improve it’s present level of service. Mr. Speaker in preparation for this development and because BTC Current TDMA Network has virtually reached it’s capacity BTC was obliged to discontinue all new cellular connections.
Mr. Speaker, BTC will hold apr�s conference next week to announce the details of the exciting and extensive plans to upgrade its cellular network that will take our cellular service to a new level.
BAHAMAS ELECTRICITY CORPORATION
Mr. Speaker, last week, I promised the Member for Montagu and concerned citizens that I would investigate why a portion of the Eastern Road experienced several power cuts within a 24 hour period. However, the Member for Montagu said about this issue:
“We cannot have an e-commerce industry unless there is power coming into the computer.” I accept this simplistic assertion. However, the Member for Montagu also said:
“There will also not be a direct foreign investment without the smooth functioning of both BEC and Batelco.” Mr. Speaker, I take issue with that statement because it deviously implies that during the inflow of foreign capital under the FNM tenure, that BEC and Batelco functioned smoothly. Certainly Mr. Speaker, the performance of the two Utilities during the tenure of the FNM is known to all Bahamians and Residents.
Mr. Speaker, the fact is that BEC has been the victim of poor political interventions. I cite the example of the selection process on the purchase of two of the largest Diesel Generators purchased by BEC under the FNM tenure. Mr. Speaker, the DA #11 Generator at Clifton has failed to provide the optimum unit output from virtually the date it was commissioned. The company who won the bid was a million dollars lower, but was not awarded the contract.
Mr. Speaker, BEC knew that the company awarded the contract had also dealt with the Jamaican Power Company and that the Jamaican Power Company had experienced major problems with the same generator produced by the same manufacturer. The contract for DA #12 Generator at Clifton was awarded by the Ingraham Government to the same manufacturer against the expressed advice of BEC Management and the Board. This generator was contracted to be commissioned in August of 2002 and now some nine months later in May of this year 2003, the DA #12 Generator is scheduled to be on stream. Both of these generators are costing the Corporation in excess of $40 million dollars.
Mr. Speaker, since we are on the subject of political will, the logical question to ask is why commission a second generator from the same manufacturer, who didn’t live up to our standards and expectations with the commissioning of the first generator? Who didn’t have the political will to follow the Management and Boards advice the first time and went forward and got another bogus generator from the same manufacturer who burnt the Bahamas the first time? Was it the PLP Government, or the Member for Montagu’s FNM Government? Mr. Speaker, it seems that the Member for Montagu is more of an expert on political stupidity instead of political willingness. Mr. Speaker, BEC is not out of the woods and ongoing efforts to provide quality power supply continues.
However Mr. Speaker, I am pleased to inform the Member for Montagu of the e-mail I received last Wednesday, February 5th at 8:24 pm and on Thursday, February 6, at 10am on the outages that affected the good citizens of the Eastern Road and him on Friday, January 31, 2003. (READ E-MAIL’S)
MINISTRY OF WORKS
Mr. Speaker, at my Party’s Convention in November 2002, I informed the public of efforts to have all building permits and subdivision application’s computerized and made available to the public through the Internet Services by the end of April 2003. I also announced that a web-site for the Ministry of Works will be developed specifically for the public to access and review the status of building permit applications, the status of building inspections and similarly, the status of subdivision applications and other related areas of my ministry.
Mr. Speaker, this is all part and parcel of e-government that will make life considerably easier for those persons engaged in the development of subdivisions and the construction industry.
COMPUTERIZATION & E-COMMERCE
Mr. Speaker, the cost of personal computers has reduced significantly and can now be purchased for as little as $600.00 inclusive of a printer. This Mr. Speaker should make it possible for the average family to purchase a computer and provide the opportunity for students to be able to access the super information highway which will allow students to obtain information on virtually any subject from around the world.
They can access newspapers, again from around the world, to be aware of what is going on from a global perspective. I urge all parents to plan for the acquisition of a computer for their household. Rather than by children unnecessary items, they should consider making an investment in a computer. Internet services are available from a number of ISP.
Mr. Speaker, I am very proud of the fact that a number of families in the Bain &Grants Town Constituency have purchased computers and are connected to the Internet. More Bahamians are establishing web-sites for personal and business purposes. I am confident that more of our people will embrace the opportunities that e-commerce will provide to enhance the well being and progress of our people.
ﾠﾠ
ﾠCONCLUSION
Mr. Speaker, I support the political will of my government to be bringing this Bill to the Parliament for passage at this time for two reasons. One being that it will allow us to keep a decent pace with the ever changing technology of the world and it will allow us to compete in our own small way in the global village, allowing our citizens to have the advantages that others enjoy. The other reason that I support this Bill is because it will allow us to also alert the world to those public figures, in this country, who should be avoided all cost when it comes to e-business ventures, lest the innocent outsider ends up e-less; economy less. An alert that I am sure will disturb the Member for Montagu to no end.
Mr. Speaker, on behalf of the good people of Bain & Grants Town, I support this Bill and as always I thank you.
