MPs blast Airport leases
of big business, MPs charged in the House of Assembly on Friday.
The criticisms came as MPs debate a motion brought by Shadow Transport Minister Dennis Lister calling on MPs to take note of the leases to determine whether they should be entered into.
Mr. Lister said he brought the motion as a result of recent confusion and controversy surrounding the awarding of concessions at the Airport.
In particular, statements by business people disgruntled with all the red tape in the procedure -- and the experience of two young businessmen who were at first rejected and then told to reapply for the rights to operate a coffee kiosk -- had sown seeds of confusion with the public.
The bill would seek full disclosure with the tendering process, said Mr.
Lister.
Deputy Opposition Leader Eugene Cox added his voice to the bill, saying the leases as tabled appeared to be rather inflexible and geared towards big business interests.
Anyone who doesn't have a lot of money to fall back on would be at a great disadvantage.
Ann Cartwright DeCouto (UBP) also took issue with the leases as presented to the House.
She agreed with statement made by Mr. Cox that the leases were unduly restrictive, and threw a wrench into Government's hopes for passing the leases as is.
Mrs. Cartwright DeCouto said that under the Civil Airports Act 1949, the Minister of Transport had extensive power over any operation being carried out at the Airport.
Considering the four pro-forma leases brought before the House there are two instances where, if not in accord with the law, they were not in accord with the spirit of the law, she said.
Provisions for subtenancy and holdover fall to the discretion of the landlord, which in the case of the Airport is the Minister.
What it means is that after both chambers of the House had a full debate and scrutinised the leases, the next day the Minister could go back and with the stroke of a pen change that lease.
She called for the Minister to amend the leases to bring them into compliance with the Airport Act and to put them under the authority of the House.
Mrs. Cartwright DeCouto then turned her attention to "the drift'' in the authority of the House and the rise of the autocratic powers of Ministers.
The case of the Airport concessions was a clear example of how the authority of the House has been eroded.
"The House should at all times be informed in a full and frank fashion, especially when there is a statutory obligation to do so,'' she said to Opposition cheers.
Dr. Clarence Terceira (UBP) agreed with Mrs. Cartwright DeCouto and said he had been assured the leases would be changed before they were put back before the House.
He called on the Minister to make the very simple amendments to the Airport leases.
David Allen (PLP) joined in, telling Government they finally had a chance to do the right thing and avoid embarrassment.
If the leases were not amended, Government would once again force the hand of the House.
He also called on Government to open up the tendering process, saying Bermuda needs a more pluralistic economy, not one dominated by the same "fat cat'' players.
"Everyone must feel they have a vested interest in the economy, that's how Bermuda's going to succeed,'' he added.
Lois Browne Evans (PLP) said Government was too eager to latch onto the concept of rule by executive degree and Ministerial responsibility, a result of a rule change which had been fought by the Opposition nearly 30 years ago.
Mrs. Browne Evans said many ordinary people were put off by the amount of red tape involved in getting a lease.
Transport Minister Wayne Furbert tried to answer the points raised in the debate, starting with the question of selling Bermuda goods beyond Customs.
"Nowhere in the world do the US authorities allow countries which have pre-clearance to sell beyond pre-clearance,'' he said.
He added Bermuda-made products were available before check-in at the Airport.
Mr. Furbert said the leases were laid down 30 days ago.
And the House had to determine within 30 days whether the leases could be entered into.
"The 30 days runs out tomorrow,'' said Mr. Furbert.
He added once the leases were laid down, the House had the right to reject them -- but not amend them.
"You can't make any amendments in February or March. Once signed, these leases are contractual arrangements,'' he said.
Mr. Furbert expressed surprise at the amount of debate over the Airport leases.
It was as if something "magical'' had transpired.
"This is not the first time the Airport has entered into a lease,'' he said.
Mr. Furbert said Government had set out to tackle an $8.5 million deficit at the Airport, with a "user pays'' policy.
Measures to deal with the deficit had already been put in place, including landing fees.
Mr. Furbert said he tried to get small businesses to come to the Airport, and that was why there had been a walkabout at the facility with potential investors.
The walkabout attracted 100 representatives from big and small businesses.
Of that number, 66 expressed an interest in receiving a "request for proposal'' report.
In the event, only seven applicants came forward, he said.
