Community Mitchell on Land Select Committee
Jul 15, 2009 - 4:36:38 PM
Notes for Debate on Crown Land
By Fred Mitchell MP Fox Hill
14th July 2009
This is a request
for a Select Committee To inquire into all matters touching and concerning the
disposition of all publicly owned land and land owned and managed by statutory
bodies with the usual powers.
When your voice is
all you have use your voice.
Again say that the
country is today balkanized. I used the
word Ingrahamized. I use it again and then having regard to the censorship last
time I withdraw it bit explain that Ingrahamize is only another word for
balkanized. There is only FNM truth and
PLP truth.
The story from the
Lion In Winter: Power Is the only fact.
Today, we are
attempting to get at an objective truth.
What are the land
holdings of the government in right of the Bahamian people?
Who owns and
manages those lands?
Who have these
lands been granted to, and why and on what basis have they been distributed?
Is there a land
policy which will result in the distribution of land openly, rationally and
transparently? If there isn’t one, can we design a legislative and regulatory
regime that will create an open, rational and transparent system?
How much land is
there and where is it located? What are its potential uses?
How can land be
used to empower our people?
We cannot avoid
the politics of this. But we might try
to avoid the FNM’s policy which outlined last time as follows:
Stop, Review and
Cancel
Blame The PLP
Stop Review and
Cancel
And so I fully
expect that this time the strategy will be blame the PLP. No doubt there is
blame a lot to go around but now we know who is the Captain at the tiller and
it is his responsibility to fix it. Even
more so since, it is his signature that can with a stroke of pen alienate land
from the Crown into the hands of a private individual.
What is the basis
of the charges for land? How is it
decided?
These are key and
burning questions on public held lands.
By these I mean:
Crown Land
Land Held by BTC,
Water & Sewerage, BEC BAIC and the
other statutory corporations including Bahamas National Trust.
Land held by the
Treasurer as a Corporation sole
Land by Ministries
such as the Ministry of Foreign Affairs and the Ministry of Housing\, the
Minister of Sports, also Corporations sole.
All public owned lands.
WHO AM I?
I am the basis of
all wealth, the heritage of the wise, the thrifty and the prudent.
I am the poor
man’s joy and comfort, the rich man’s prize, the right hand of capital, the
silent partner of many thousands of successful men.
I am the poor
man’s joy and comfort, the rich man’s prize, the right hand of capital, the
silent partner of many thousands of successful men.
I am the solace of
the widow, the comfort of old age, the cornerstone of security against
misfortune and want. I am handed down to
children throughout all generations, as a thing of great worth.
I am the choicest
fruit of toil Credit respects me. Yet I
am humble. I stand before every man
bidding him to know me for what I am and possess me.
I grow and
increase in value through the countless days. Though I seem dormant, my worth
increases, never failing, never ceasing.
Time is my aid and populations heaps up m gain. Fire and elements I defy, for they cannot
destroy me. My possessors learn to
believe in me, invariably they become envied.
While all other things wither and decay, I survive. The centuries find me younger, increasing in
my strength.
I am the
foundation of Banks, the producer of food and the basis of wealth through the
world.
Yet I am so common
that thousands, unthinking and knowing, pass me by.
I am land.
Dilly Crab Realty
in Exuma
My Grand Uncle Joe
Johnson fought in the First World War and we were told as children that when he
returned from the war he was told that he could take a cutlass and go to south
beach
In New Providence and stake out a claim. Uncle Joe was dismissive about this, he
thought why would he want to go out there and stake out useless bush.
There are stories
told of people of African descent who owned land on the Eastern Road but after a bad storm
abandoned their land and moved to the comparative safety over the hill. Today the land on the coast is ten times more
valuable than the land inside.
John Rolle the
retired Comptroller of Customs who has built a fabulous home in his birth place
of Rolle Town, Exuma called Old Ike Bay told us that his grandfather bought the
property on which he lives, a bluff some 30 feet above ea level overlooking the
most gorgeous bay and sound, with the north eats prevailing winds brushing the
porch for one pound ten shillings in 1920.
The equivalent of 5 dollars.
Today, it is worth a tad bit more than that. His grandfather had the vision and the foresight to buy it.
This whole matter
of land has been on my mind for sometime from the time I learned of Uncle Joe,
from the fact that the development of North Bimini was being limited because of
the then Rockwell estate and there was no room for expansion of he settlements,
even though public lands are owned north of the now Bimini Bay development. We missed the opportunity.
Then the fact that
Hatchet Bay, Eleuthera expansion is limited by
the fact that there is no room for expansion.
I don’t know if there are any plans for that town
Mangrove Cay,
Andros during the campaign of 1997 to save Sir Lynden’s seat for the PLP,
people came up to me with their applications made for Crown Land
to build homes. The towns were exhausted
of land and there was a need of expansion.
They applied and they never heard another word from their applications.
In Long Island, the Senior Citizens Centre applied for Five
acres of land. They have just received a
grant of 1.9 acres. That took an eternity to get. Why can’t they have the five acres? There is no explanation.
In Bimini, Rev.
Clyde Flowers of Bimini has been paying for a lease of land for nearly a
generation. He has now been displaced
from that parcel of land. He is
depressed about the though of having paid all these years for a lease and being
disposed without so much as a by your leave.
A letter has been written on his behalf.
There is no response.
In Bimini again
Ansel Saunders, a famed boat builder, poet and patriot that well know wants to
regularize his use of some land on which he builds boats. The application was made on his behalf. There was a response for additional
information. That was provided but the trail seems to have gone cold.
In 1947 Raymond
Lloyd, (now ninety years old) of Baraterre, Exuma, secured a Annual Tenancy on 7 acres on the
northwestern point of Great Exuma at Smith Creek. Great Exuma is now connected to Baraterre via
two causeways, at Smith Creek and Old Creek.
Mr. Lloyd has continuously paid the fees
up to 2006. In the mid to late 90's, the
FNM Government granted the 7 acres track to the Smith Brothers of Stuart Manor.
During 2006 the PLP Government granted
Mr. Lloyd a less attractive 7 acres in the general area.
In 1990 Alpheus
Rolle of Black Point, Exuma was granted a conditional Purchase lease on 20
acres of Crown Land in the vicinity of Black
Point. Mr. Rolle commence
improvements. After the 1992 election,
the Government included the 20 acres in a larger track of land for a land
development headed by a Capt. Smith formally of Black Point.
Mr. Rolle was not offered an alternative
site or financial compensation.
Mrs. Eugenia Bowe
(deceased) acquired a conditional purchase lease of approximately three quarters of an acre in or about
1958. Mrs. Visna Bowe Mackay, the daughter
of Mrs. Bowe applied for and received the transfer of the conditional purchase
lease which her mother had. Mrs. Bowe
Mackay invested over four hundred thousand ($400,000) on the said land building
three homes thereon. Mrs. Bowe Mackay
applied for the grant and after several “ pleas” to have the land inspected by
the Director of Lands and Surveys an inspection was made, and to her surprise
she was informed by letter that she would receive a grant upon her paying one
hundred thousand dollars. The land is
not beach front land. She was given
three months to accept the offer she questioned the purchase price.
In Little Exuma,
in the area near Forbes Hill,
Leon Bowe
deceased has a lease of crown land and after his death his daughter Alice Bowe
Holmes applied for take over the lease and today she has not received the
lease. She died three months ago. The lawyers have been pursuing the matter for
three years on her behalf without success.
The government
acquired 24.19 acres of land from what is called the Clarke’s Estate in the
area of Gilbert’s Grant (Old Place)
Exuma for a public purpose in the early or late 1990s to build a fire station.
This is in the vicinity of the shopping centre that houses Scotiabank near the
failed Four Seasons hotel. This land may now have been leased to a private
developer notwithstanding that the land was acquired for a public purpose.
In Fox Hill,
around 1990 land was acquired by the Minister of Housing for a public
purpose. It was some 15 acres of
land. People had been farming on the
land for generations. The land was
declared to be owned by the Sugarman Estate and some one million dollars is
owed for compensation. The government
has now agreed to convey the land back to the people who have been occupying
the land.
Now Mr. Speaker
compare and contrast those cases just listed to the situations that follow:
There is concern
in Exuma, and The Bahamas generally, about the land policy of the FNM
administration under Hubert Ingraham as Prime Minister. The concern is a practice known as “flipping”
where Crown Land is given to friends, associates or supporters of the FNM for
an undeveloped or nominal value and then sold a relatively short time later in
it undeveloped state for a price many times the price it was bought from the
government.
The question is
also raised where or not pubic officials in the Department of Lands and Surveys
are acting properly when these land transactions take place with close
relatives of these officials in the Department of Lands and Surveys. In one case land in the situation described
was conveyed from the crown to a relative by marriage of the Director of Lands
and Surveys Tex Turnquest.
PLP leader Perry
Christie pointed out this concern when he spoke during the debate in the House
of Assembly last year when the FNM government sought approval to convey Government Land
to developers of Norman’s
Cay. Mr. Christie at the time pointed
out that his government when in office was concerned that there was a scheme to get Bahamians who were supporters
of the FNM cheap Government land, that would then be immediately turned over to
a foreign entity at a huge profit.
Those familiar
with the FNM's practices say that one big deal at Norman’s Cay should not hide the many smaller
deals. They point to the following:
A crown grant in
Book C5, Folio 32 to Derek and Sonia Rutherford at Forbes Hill, Exuma on 16
August 2001 was signed by Hubert Ingraham.
This land was then sold at its unimproved state on 5 July 2005 to
Michael and Antonia Marco of New
Jersey for $500,000 at Volume 9419 pages 11 to 171,
the original price was $2340.
Another is a crown
grant at the Book C5, Folio 41 to Mae Mary Lucille Sharon Morton-Curry, the
mother-in-law of the Director of Lands and Surveys, was signed by Hubert
Ingraham. The land was sold in its
unimproved state on 8 June 2006 for $550,000 Volume 9889, pages 594 to 599 to
Little Exuma Bay Ltd. The original price was $1550.
Another was Crown
grant for $1270 at Book C5 Folio 30 to
George Granville Morton, the uncle by marriage of the Director of Lands and
Surveys on 6 June 2001 signed by Hubert Ingraham, which was sold on 8 June 2006
to Little Exuma Bay Limited for $550,000 at volume 9889 pages 600 to 604.
If the idea was to
give Crown Grants to Bahamians to help develop the Family Islands,
or to persons who had ties to the islands, these conveyances given do not fit that
category. Mr. Ingraham's policy is an obvious failure. It appears that land is simply being given on
the cheap to individuals who are using it to get profits for themselves. The political antecedents and attachments of
these people should be checked to see whether or not Mr. Ingraham’s FNM
administration is giving away crown land with a wink and a nod, knowing that at
the end of the day, the Bahamians have no intention of developing the land but
selling it and pocketing the profits, perhaps using the profits to support the
FNM politically.
Tribune stories:
The first article
was headlined: Bahamians voice concern over sale of crown land published on
April 20, 2009.
The second, Claims
of Nepotism in the granting of crown land denied was published two days later
on April 22, 2009. (This article quoted the Director Tex Turnquest)
The third, which
was written by Alison Lowe quotes Perry Christie stating that the claims are
deserving of inquiry. This was published on April 23, 2009.
Another story on
April 28, 2009 on claims that a former PS got substantial crown land holdings
in Eleuthera.
29th
April another story on Ezra Russell of
Cat Island who has been waiting for 12 years for final approval to purchase 34
acres of crown land there. That story was published on April 29, 2009.
The Tribune ran
another story on the PM being tight lipped on the granting of crown land
allegations on May 1, 2009.
Tex Turnquest's
resignation was reported on May 13, 2009.
Tribune story
headlined 'call for meaningful freedom of information act in light of crown
land row' which ran on May 14, 2009.
This was followed
by another story on May 14, 2009 where the PLP chairman Glenys Hanna-Martin
called for a transparent land policy.
Another story
claiming that two other senior officers were under investigation on May 19,
2009.
This was followed
by another story the day after where some details were revealed on May 20,
2009.
The next day these
officials were named (Under secretary Audley Greaves, and chief housing officer
Christopher Russell) in yet another story on May 21, 2009.
A few days later
The Tribune ran another story on how Bryan Woodside had now become a permanent
fixture at the Department on May 26, 2009.
Another story
claiming that two secretaries and another senior officer received some land on
June 3, 2009.
MINISTER Byran
Woodside is now a constant presence in the Department of Lands and Surveys
following alleged irregularities in the distribution of Crown land.
Former director of
Lands and Surveys Tex Turnquest resigned after The Tribune published claims
that members of his family received Crown land grants. However, Undersecretary
of Lands and Surveys Audley Greaves remains at his post despite allegations
that his wife and son were sold lots in Abaco in 2003 and 2004 respectively.
Mr. Greaves’ son
is said to have bought a 15,625 square foot lot on Wood Cay for $1,786.25 while
his wife is said to have bought an 18,343 square foot lot in a subdivision
south of Treasure Cay for $2,201.16.
It is unclear at
this point how government intends to move forward with the investigation, but
it has been confirmed that Mr. Woodside, Minister of State for Lands and Local
Government, is seen to be taking a “hands on” approach.
This, observers
claim, is a signal that government is taking the matter seriously and is intent
on addressing the complaints of nepotism that plague this ministry.
Mr. Woodside’s
presence, it was claimed, has boosted staff moral at the department as
employees feel confident that government
is finally taking the matter seriously.
Since The
Tribune’s first article on the allegations, it has come to light that several
files at the department have “gone missing.”
Attempts to reach Mr.
Woodside for comment on the matter were not successful up to press time last
night.
By PAUL G
TURNQUEST Tribune Staff Reporter pturnquest@tribunemedia.net
CLAIMS
of nepotism continue to plague the Department of Lands and Surveys when it was
alleged yesterday that the wives of two senior officers in that department, and
other close relatives had been granted Crown land on Abaco.
In The
Tribune’s efforts to obtain documentation to substantiate these claims, it was
revealed that certain files at the department were no longer accessible by
staff at this ministry.
However,
where there appeared to be an attempt to conceal this information, it was
forgotten that once the grants had been approved they were recorded at the
Register General’s office.
It was
here that it was discovered that the wife and son of one of the senior
officials had received an 18,343 square foot and a 15,635 square foot lot
respectively. The first parcel, granted in a subdivision south of Treasure Cay,
Abaco was sold for $2,201.16 while the second lot, on Wood Cay, Abaco, was sold
for $1,786.25. Both sales were recorded on June 8, 2003 and May 3, 2004.
Relatives
of a second official, including his wife, and the sister-in-law of a current
Cabinet Minister, were listed as having
acquired four acres of property in the settlement of Blackwood Village
in Abaco.
Each acre
was sold for $4,356. They were recorded on February 1, 2002, March 21 and 27,
and May 12th.
Unlike the case
involving relatives of former director of Lands Tex Turnquest, where the
properties were flipped a few years later for hundreds of thousands of dollars
in profits, these lots have not been resold.
However, the
investigations into these and other Crown land transactions continue.
Despite leaving
many messages and even waiting on the telephone for more than 15 minutes for
one of the officials who was reportedly “on another call”, no return calls were
ever received up to press time last night from either the Department of Lands
and Surveys or the Ministry of Lands and Local Government.
Currently
government is contemplating approving a Select Committee to review all Crown
land grants issued by government since the early 1990’s.
This committee,
which was called for in Parliament will review all Crown grants issued to
individuals or entities since 1992 up until the present date along with all
outstanding applications that have yet to receive final approval.
The committee will
also ascertain a list of all public servants and retired public servants who
have received grants, along with government’s official position on its policy
in relation to the disposition of publicly held lands generally; as well as the
government’s policy in relation to granting lands to employees of the
government or their relatives.
AS the probe into
corruption allegations continues at the Department of Lands and Surveys,
sources close to government reveal that their investigations have now focused
on two senior officers in the department who have held key positions in
determining the granting and leasing of Crown land over the past few years.
Last week, the
former director of Lands Tex Turnquest resigned from his post after The Tribune
published allegations that members of his family, including his mother-in-law,
were granted Crown land lots on the island
of Exuma.
These beachfront
lots, which were sold at less than $2,500 each, were flipped a few years later
for more than $550,000 apiece. Mr. Turnquest denied any connection to any of
the transactions.
Before Mr.
Turnquest could resign, government officials had changed the locks to his
office and secured boxes of documents.
These documents,
it is understood could be beneficial to the Attorney General’s office.
While government
has been criticized over the scandal brewing in this department, sources close
to the investigation claim they will also use this time to implement
“significant changes” to the law to ensure that such abuses of Crown land
cannot be repeated.
Mr. Turnquest’s
removal from the department comes at a time when the Opposition has already
introduced a motion in the House of Assembly, led by Fox Hill MP Fred Mitchell,
calling for a Select Committee to review all Crown land grants issued by
government since the early 1990’s.
This committee
will review all Crown grants issued to individuals or entities since 1992 up
until the present date with all outstanding applications that have yet to
receive final approval.
The committee will
also ascertain a list of all public servants and retired public servants who
have received grants, along with government’s official position on its policy
in relation to the disposition of publicly held lands generally; as well as
government’s policy in relation to granting lands to employees of government or
their relatives.
Since the
revelations of these transactions and claims that other civil servants had
secured substantial grants of Crown land, several irate individuals have come
forward outlining many years of abuse they claim they endured from this
department. Among them was PLP general Ezra Russell, who complained of having
to wait more than 12 years to get final approval to purchase some 34 acres of
Crown land in Fountain Bay, Cat
Island.
By PAUL G
TURNQUEST Tribune Staff Reporter pturnquest@tribunemedia.net
LANDS and Surveys
Director Tex Turnquest yesterday denied claims of nepotism in the granting of
Crown land in Exuma.
Speaking with The
Tribune yesterday, Mr. Turnquest denied his involvement in the selection and
sale of five beachfront lots on the island
of Exuma, which were sold
by government to members of his own family who in turn “flipped” the
properties, netting profits in the hundreds of thousands of dollars.
Placing the
responsibility squarely at the feet of Prime Minister Hubert Ingraham and
former Prime Minister Perry Christie, Mr. Turnquest said that the minister with
responsibility for lands (i.e. the Prime Minister) is the person who ultimately
signs off on Crown land grants.
Located just
outside the settlement of Forbes Hill, Exuma these Crown land lots border each
other and range in size from over 34,000 square feet to just over 17,750 square
feet.
These lots were
purchased at $1,550 on January 27, 2003, $2,340 on August 1, 2001, $1,270 on
June 6, 2001, $1,370 on March 18, 2002 and $2,105 on June 6, 2001.
The first four of
these lots have since been sold. Their resale was recorded at $550,000 on June
8, 2006; $500,000 on July 5, 2005; $550,000 on June 8, 2006 and $425,000 on
February 26, 2007.
Sources
close to the transactions suggested that the decision to space out the sale of
these properties was to ensure that Prime Minister Ingraham, who signed the
first four transactions, did not become aware of the family link between the
vendors and the Director of Lands. This tactic, sources allege, was the main
reason for the delay in the final sale in 2003 after government had changed so
that former Prime Minister Christie would not be suspicious of this latest
sale.
“I
am a Bahamian. I have relatives. I have friends,” Mr. Turnquest said in answer
to the speculation.
“Are
you suggesting that as long as I am Director of Lands and Surveys my friends
and my relatives are unable to get Crown land like any other Bahamian? I travel
from Inagua to Grand Bahama. I covered the
whole spectrum, and I have family throughout and I have friends throughout.
“If
I was making the ultimate decision I can see where I would have to recuse
myself. But the decision is not made by me ultimately. It rests with someone
else. So why then should my friends and family be prevented from being
considered by somebody else for Crown land?
“But
I certainly know not of any scheme that this office was engaged in at any time
by myself or anybody that was intentionally trying to influence the decision
makers in a way that would cause them embarrassment or the office embarrassment
or a problem for any of them,” he said.
When
asked if he felt it was merely a “coincidence” that the properties near Forbes
Hill were all sold to members of his family, Mr. Turnquest hesitated before
suggesting that he could have been stationed at the Prime Minister’s office
from 2005 and therefore these transactions could have occurred after that date
when he was not in the Lands and Surveys department.
However,
the latest government grant was signed by former Prime Minister Christie on
January 27, 2003.
Pointing out this
discrepancy and many others, the former Agriculture and Lands Minister George
Smith said it was “inconceivable” for the Director of Lands to suggest that he
was not involved in the sale of these properties.
During Prime Minister Ingraham’s first
administration in 1992, Mr. Turnquest was appointed Director of Lands and
Surveys. When former Prime Minister Christie took over the government in 2005, Mr.
Turnquest was transferred to the Prime Minister’s Office. However, on Mr.
Ingraham’s return to government, Mr. Turnquest was returned to head Lands and
Surveys.
Mr. Smith, who had
responsibility for this ministry from 1977 to 1984, said that Mr. Turnquest, as
head of the department, receives the applications, processes them, attaches a
fee to the property, and ultimately advises the Prime Minister as to whether or
not to agree to the sale of the land.
With an intimate
knowledge of Exuma as its former Member of Parliament, Mr. Smith said he has
first hand knowledge of the value of lands in Exuma. He noted that inland
properties were valued far higher than the price set for the sale by government of these
particular beachfront lots. This was contrary to normal practice where prime
beachfront property is always more expensive than inland property.
“In these
particular cases the director has the obligation to point out to the Minister
his relation to the applicants. He has an obligation to point that out and
caution the Prime Minister as to the potential repercussions for conflict of
interest,” Mr. Smith said, alleging that in his opinion it was “a bold case” of
the Prime Minister being misled into making a decision without having been
warned of the possible implications and “the recommendation for such a low
price” when a “much higher fee” could have been recommended.
Mr. Smith added
that while the Prime Minister does hold ultimate responsibility over the
decision to sell these properties, in
the discharge of his duties, the PM must rely on proper advice from his
officials. In this case, it was Mr. Smith’s opinion that this did not happen.
LANDS AND SURVEYS
MR. SPEAKER
THE BAHAMAS
IS COMPRISED OF 3,450,000 ACRES OF LAND.
APPROXIMATELY 73% OF THE TOTAL OR 2,518,000 ACRES IS CROWN LAND. THE DEPARTMENT OF LANDS
AND SURVEYS IS PRINCIPALLY RESPONSIBLE FOR ALL CROWN LAND
(THAT IS LAND HELD IN TRUST BY HER MAJESTY QUEEN ELIZABETH 11 ON BEHALF OF THE
BAHAMIAN PEOPLE).
THE
PRIMARY OBJECTIVE OF THE DEPARTMENT OF LANDS AND SURVEYS IS TO ENCOURAGE,
THROUGH JUDICIOUS MANAGEMENT, EQUILIBRIUM BETWEEN GOVERNMENT’S INTENTIONS AND
THE PRESERVATION AND PROTECTION OF BAHAMIANS RIGHTS TO CROWN
LAND BY ORDERLY DISTRIBUTION OF CROWN LAND
IN THE TWENTY FOUR (24) MAIN
ISLANDS AND CAYS OF THE
BAHAMIAN ARCHIPELAGO.
MR.
SPEAKER
DURING THE PAST FEW WEEKS THE DEPARTMENT OF LANDS & SURVEYS HAS
COME UNDER MUCH PUBLIC SCRUTINY. WHILE
NO SYSTEM IS PERFECT AND PERSONS MAY FEEL AGGRIEVED BY DECISIONS MADE WITHIN
VARIOUS AREAS OF THE PUBLIC SERVICE, I MUST TAKE THIS OPPORTUNITY TO ADVISE
THAT ALL BAHAMIANS HAVE THE RIGHT TO APPLY FOR CROWN LAND, INCLUDING PUBLIC OFFICERS AND
THEIR FAMILIES. HOWEVER, THERE ARE
GUIDELINES THAT ARE TO BE FOLLOWED IN THE REVIEW OF APPLICATIONS MADE BY PUBLIC
OFFICERS, ESPECIALLY THOSE WHO ARE RETIRING OR HAVE RETIRED.
MR. SPEAKER
IN ADDITION, FAMILY MEMBERS OF PUBLIC OFFICERS EMPLOYED AT THE
DEPARTMENT OF LANDS & SURVEYS, WHO WISH TO SECURE LAND FOR RESIDENTIAL AND
COMMERCIAL USE MAY ALSO APPLY. THERE IS
NO SKULDUGGERY; HOWEVER, THE PUBLIC’S PERCEPTION HAS BEEN THAT THESE PEOPLE MAY
HAVE BEEN GIVEN PREFERENTIAL TREATMENT.
MR. SPEAKER
THIS ENTIRE ISSUE IS CURRENTLY UNDER REVIEW AND PRELIMINARY REPORTS
DO NOT INDICATE THAT ANYTHING UNTOWARD OCCURRED RELATIVE TO THE APPLICATION
PROCESS. HOWEVER, THERE HAVE BEEN A
NUMBER OF CHANGES TO THE DEPARTMENT OF LANDS AND SURVEY DURING THE PAST FOUR
(4) MONTHS:
·
MR. RICHARD
HARDY HAS BEEN NAMED AS THE ACTING DIRECTOR OF LANDS AND SURVEYS;
·
MR. BRIAN BYNOE
HAS BEEN RECENTLY EMPLOYED AS ACTING SURVEYOR GENERAL;
·
FIVE (5) CERTIFIED SURVEYORS HAVE BEEN
IDENTIFIED FOR EMPLOYMENT TO AUGMENT THE LAND MANAGEMENT UNIT.
·
PLANS TO MAKE
THE DEPARTMENT MORE CUSTOMER SERVICE FRIENDLY ARE UNDER REVIEW;
·
RESTRICTIONS ARE
BEING PLACED ON THE UNFETTERED ACCESS OF PRIVATE PERSONS TO CERTAIN AREAS
WITHIN THE DEPARTMENT;
·
GREATER
ATTENTION TO HUMAN RESOURCE AND ADMINISTRATIVE NEEDS;
·
ASSESSMENT OF
PLANT & EQUIPMENT REQUIREMENTS; AND
·
STEPS TO RESTORE
THE PUBLIC’S CONFIDENCE AND TRUST IN THE SKILLS AND CAPABILITIES OF THE
DEPARTMENT’S STAFF.
MR.
SPEAKER
$192,000
HAS BEEN ALLOCATED TO FACILITATE THE EMPLOYMENT OF THESE SURVEYORS; HOWEVER,
THE PERSONNEL EMOLUMENTS OF THE DEPARTMENT OF LANDS & SURVEYS, THROUGH
CLOSE SCRUTINY, HAS BEEN REDUCED BY $163,093 FROM ITS ALLOCATION IN 2008/2009.
THE
EMPLOYMENT OF SURVEYORS IS CRUCIAL TO ENSURE THAT ALL
LAND IS PROPERLY DEMARCATED,
IDENTIFIED AND EVALUATED AS A PART OF OUR NATIONAL LAND
USE REGISTRY.
LAND USE POLICY AND
ADMINISTRATION PROJECT (LUPAP)
THIS
PROJECT WAS STARTED IN JUNE, 2005 TO ADDRESS A NUMBER OF PROBLEMS RELATED TO
LAND ADMINISTRATION IN THE BAHAMAS,
NAMELY,
·
THE MAJORITY OF LAND
INFORMATION USED BY THE GOVERNMENT IS OUTDATED OR INCOMPLETE;
·
INFORMATION IS SCATTERED
AMONG VARIOUS GOVERNMENT AGENCIES;
·
MUCH OF THE INFORMATION IS
IN PAPER FORM, WHICH LIMITS ITS
ACCESSIBILITY AND USE;
·
UNCOORDINATED EFFORT CAUSES
INCONSISTENCY AND INACCURACY, DUPLICATION
OF EFFORTS AND HIGHER COSTS; AND
·
LACK OF DATA STANDARDS, RULES FOR
INTER-AGENCY DATA SHARING
AND CLEAR RESPONSIBILITIES FOR DATA UPKEEP AND MAINTENANCE.
MR
SPEAKER
THE
EXPECTED OUTCOMES OF LUPAP ARE VARIED AND WOULD POSITION THE BAHAMAS TO BE
FULLY EQUIPPED TO MANAGE ITS LAND RESOURCES:
·
CROWN LAND POLICY;
·
NATIONAL LAND POLICY;
·
LAND REGISTRATION SYSTEM (FREEPORT IS THE PILOT);
·
EXPANSION OF COMPUTERISED
PARCEL INFORMATION MANAGEMENT SYSTEM (PIMS) TO OTHER FAMILY ISLANDS;
·
LARGE SCALE MAPPING OF ALL ISLANDS;
·
WEB-BASED ACCESS TO LAND
RECORDS;
·
MODERNISATION OF GEODETIC
INFRASTRUCTURE;
·
EXPANSION OF GEO-PROFILES TO OTHER ISLANDS;
·
SHIFT THE FOCUS OF LANDS
& SURVEY TO THAT OF REGULATORY AND QUALITY CONTROL; AND
·
RATIONALISATION OF LAND
INSTITUTIONS (NATIONAL LAND AGENCY).
MR
SPEAKER
THE
PROJECT COMES TO COMPLETION THIS MONTH.
HOWEVER, WE HAVE RECOMMENDED AN EXTENSION OF THREE (3) MONTHS.
TO
ENSURE THE VIABILITY OF LUPAP AND ITS EXPECTED OUTCOMES THE FUNDING FOR CAPITAL
PROJECTS WITHIN THE DEPARTMENT OF LANDS & SURVEYS HAS BEEN RETAINED AT THE
2008/2009 LEVEL. THE DEPARTMENT’S
CAPITAL ALLOCATION IS HELD WITHIN THE HEAD 18 OF THE DEPARTMENT OF LANDS AND
LOCAL GOVERNMENT.
BLOCK
NO.
DESCRIPTION
AMOUNT
60
SUPPLIES
AND MATERIALS
500,000.00
70
ACQUISITION,
CONSTRUCTION & IMPROVEMENT OF CAPITAL ASSETS
100,000.00
THE
DEPARTMENT WILL SPEND $500,000.00 TO CONTINUE THE ON-GOING NATIONAL MAPPING
PROJECT. $100,000.00 HAS BEEN ALLOCATED TO CONTINUE BUILDING IMPROVEMENTS TO
ENSURE STAFF SAFETY AND COMFORT.
MR
SPEAKER
IN
SUMMARY, DEPARTMENT OF LANDS AND SURVEYS UNDER HEAD 20 HAS BEEN GIVEN THE
FOLLOWING ALLOCATIONS:
RECURRENT
EXPENDITURE:
2008/20092009/2010VARIANCE
$2,881,097 $2,829,982 <$51,115>
MOVING
FORWARD WE MUST SEEK TO ASSURE THE BAHAMIAN PEOPLE GET WHAT WAS PROMISED TO
THEM IN OUR MANIFESTO ’07.
THAT
WE MAKE CROWN LANDS AVAILABLE TO BAHAMIANS AT CONCESSIONARY RATES FOR HOME
CONSTRUCTION AND BUSINESS ENDEAVOURS PARTICULARLY IN THE FAMILY ISLANDS.
PURSUE
POLICIES THAT ENSURE THAT BAHAMIANS ARE NOT CLOSED OUT OF ACCESS TO PRIME LAND
FOR RESIDENTIAL AND BUSINESS PURPOSES.
ENCOURAGE AND SUPPORT EFFORTS BY BAHAMIANS TO RETAIN OR ACQUIRE PRIME
RESIDENTIAL AND COMMERCIAL PROPERTIES.
REDUCE
AND WHERE POSSIBLE BRING TO AN END, THE UNAUTHORISED OCCUPATION AND DEVELOPMENT
OF CROWN LANDS.
PROVIDE
FOR THE ADEQUATE STAFFING AND FUNDING OF THE DEPARTMENT OF LANDS AND SURVEY.
MR
SPEAKER
I WISH TO ADVISE THE STAFF OF THE DEPARTMENT OF LANDS & SURVEYS
AND TO INFORM THE BAHAMIAN PEOPLE THAT DESPITE THE ALLEGATIONS OF CORRUPTIONS,
WE WILL MAKE THE PAINFUL DECISIONS TO DEAL WITH CLEANING UP THIS
INSTITUTION. WE WILL TAKE NECESSARY
MEASURES TO MAKE THE DEPARTMENT CREDIBLE AND ONE THAT THE PUBLIC CAN TRUST.
It is important
some specific issues with regard to this be addressed for those in the first
category who have been waiting for years without an answer on their crown land
applications.
If there is no
skullduggery as the minister says, why did the Director of Lands and Surveys
resign proximate to the appearance of the articles in the press and following
his accusation that it was not him but the Prime Minister who dunnit.
If there was no
skullduggery at the Department then why the Minister’s statement:
I WISH TO ADVISE THE STAFF OF THE DEPARTMENT OF LANDS & SURVEYS
AND TO INFORM THE BAHAMIAN PEOPLE THAT DESPITE THE ALLEGATIONS OF CORRUPTIONS,
WE WILL MAKE THE PAINFUL DECISIONS TO DEAL WITH CLEANING UP THIS
INSTITUTION. WE WILL TAKE NECESSARY
MEASURES TO MAKE THE DEPARTMENT CREDIBLE AND ONE THAT THE PUBLIC CAN TRUST.
The Director of
Lands and Surveys after an apparently stellar career simply walks away within
days of allegations of nepotism and corruption at the Department, following a
controversial interview in the press and there is no explanation from the
government. There is no skullduggery but
the minister says the credibility of the Department must be restored.
The Committee
ought to investigate these allegations and seek to determine what the accurate
story is on the matter.
I happen to
disagree with the proposition that public servants at the Department of Lands
and Surveys are allowed to get crown land.
It seems to me that this ought to be absolutely off limits.
The Minister knows
that the standard in law is that there must be no appearance of bias. And this
meets that test. If someone’s mother in
law gets a parcel of land, someone who is involved in the decision making
process, and it is not enough to say I did not sign the conveyance because all
of the preparatory work is done by the Department of Lands and Surveys, so you
are the principal advisor to the Minister.
And so how doe sit look to the public for you to be saying to the Minister
sign this for my mother in law or sign this for my son or my nephew or my
brother. That cannot be right. Those relative always have an unfair
advantage on others. So there ought to
be an absolute ban on it.
I think that there
ought to be legislation governing this area, with an application process that
is gazetted in known regulations, with established objective criteria, and
system that places time limits on the response that the government must give an
answer, and the right of the citizen to know why the application has been
refused.
What must be
eliminated is the view of the public that in the case of the distribution of Crown Land
in The Bahamas: kisses go by favour.
There should be a
proper inventory of crown land in The Bahamas.
There are several reports that I wish to table
which seek to address this problem.
They are:
Country Experience
In Land Issue Bahamas
By Peter Rabley
and
Text Turnquest
Dated 24th
April 2003
The final drafts
of the Land Issue Report from the Land Use Policy and Administration Project
called LUPAP which was commissioned in 2005.
These reports are dated 21st February 2007.
They are titled:
Improving Land
Tenure Security in The Bahamas
By J. David Stanfield Ph D
Assessment of
Cadastral Surveying and Information Management in The Bahamas
By Grenville
Barnes Ph D
Rationalizing Land
Institutions: Institutional Arrangements/National Land Agency
By Patricia
Mendoza
Real Estate Tax
Policy and Administrative Options
By Richard Almy
The Minister has
said that the LUPAP project is extended for another three months but it seems
to me that the urgency of reform in this
area is apparent. There is more than the
potential for abuse there has been actual abuse of the trust of the Bahamian
people in the distribution of crown land and this must be stopped and
rectified.
Of note in these
papers is the need to separate land management from land administration. The two functions are both in the Department
of Lands and Surveys and that maybe part
of the problem.
The suggestion is
that there needs to be a National Land Agency which holds all Crown Land,
and manages the resource.
The question of
the administration and distribution of crown land should vest in another
agency.
There has been
considerable work done in this area.
First the
commitment in 1998 to a Bahamas National Geographic Information Survey. This was designed to map The Bahamas in its
entirety. The BNGIS is now a division of the government which reports to the
Office of the Prime Minister. It ahs the
software and the spatial data but I am
told that the data is inaccurate in many
cases and that sufficient attention is not being paid to the importance of this
unit. It is clear from the reports that
the collection of spatial data is key to proper land management and
administration. And would also seek some
assurance from the Minister that in fact the data collected is owned by the government
of The Bahamas and not the private contractors and that this data will be
accessible to the public if it is not already.
Land is power.
Land is capital. We develop our country
on the land that we have. For too long
the ordinary Bahamian has the view that crown land and its distribution is a matter of favour
granted by governments to their friend and family and to those who work at the
Crown Lands office. That must change to
a process that is open fair rational and transparent.
The regime that I
contemplate is one that has established criterion that all can access but
infused with the philosophical underpinning that the land and its distribution
will be used to empower Bahamians and to increase their individual wealth and
our national wealth. There is the
perception that it is easier for a foreigner to get crown land that it is for a
Bahamian. That must change.
The youngster in Andros can see tens of thousands of crown acres being alienated
all around him but he or she cannot get one acre.
We must find a way
to fix it.
I know that the lessaiz faire
capitalists will say that in the case of the land in Forbes Hill, Exuma that
this is capitalism at its best. You spot
a good deal and you take advantage of it.
For these people I would recommend to them the latest encyclical by Pope
Benedict XVI of 9th June 2009 calledCARITAS IN VERITATE:ON
INTEGRAL HUMAN DEVELOPMENT IN CHARITY AND TRUTH
36. Economic activity cannot solve all social
problems through the simple application of
commercial logic. This needs
to be
directed towards the pursuit of the common good, for which the
political community in particular must also take responsibility. Therefore, it
must be borne in mind that grave imbalances are produced when economic action,
conceived merely as an engine for wealth creation, is detached from political
action, conceived as a means for pursuing justice through redistribution.
The Church has always held that
economic action is not to be regarded as something opposed to society. In and
of itself, the market is not, and must not become, the place where the strong
subdue the weak. Society does not have to protect itself from the market, as if
the development of the latter were
ipso facto to entail the death of
authentically human relations. Admittedly, the market can be a negative force,
not because it is so by nature, but because a certain ideology can make it so.
It must be remembered that the market does not exist in the pure state. It is
shaped by the cultural configurations which define it and give it direction.
Economy and finance, as instruments, can be used badly when those at the helm
are motivated by purely selfish ends. Instruments that are good in themselves
can thereby be transformed into harmful ones. But it is man's darkened reason
that produces these consequences, not the instrument
per se. Therefore
it is not the instrument that must be called to account, but individuals, their
moral conscience and their personal and social responsibility.