MPs to debate Police wiretapping
Telecommunication companies will have to set up equipment so Police can wiretap their lines to help catch criminals, under legislation being debated in the House of Assembly today.
Legal sources yesterday said the new law wouldn't have any direct impact on human rights, because officers already have the power to intercept such messages provided the Governor rules it's in the public interest.
The Telecommunications Amendment Act will simply smooth the process, they said, by ensuring telephone companies buy and install the relevant apparatus, which will also allow Police to access call-identifying information.
Telecommunications Minister Michael Scott, who will give the bill its second reading this morning said, yesterday: "The amendments represent an important and critical tool in the hands of the Police to prevent crime and especially so against the backdrop of the recent murders and shootings."
According to the act, all carriers providing public telecommunications services will be required to give Police a database of customer names, addresses and phone numbers. Any information must be collected "unobtrusively and with a minimum of interference".
The Minister would have the power to exempt certain carriers from the law, but those which flout it face penalties of up to $10,000 for each day they breach it.
The bill states similar requirements are in place in the United States under the Communications Assistance for Law Enforcement Act, and are in the pipeline in Canada.
Under the existing law in Bermuda, the Governor can issue warrants for Police to intercept any telephone call or transmitted message, as long as it is in the interests of defence, public safety, public order or public morality.
Lawyers speaking to The Royal Gazette said the same principle will remain in place if the amendment is made.
Also today, the demise of the Commission for Unity and Racial Equality (CURE) will move a step closer as Culture Minister Neletha Butterfield reads the CURE (Transfer of Functions) Act.
This bill transfers the functions of CURE to the Human Rights Commission, simultaneously repealing the CURE Act 1994.
It will add new responsibilities to the Commission, including promoting equal opportunity and good relations between people of different racial groups, and working towards eliminating racial discrimination and institutional racial discrimination.
Ms Butterfield has previously expressed concern at the lack of progress eliminating racial discrimination since CURE's inception.
It's hoped the Human Rights Commission will ultimately have responsibility for both education and enforcement of racial issues; currently CURE can educate but doesn't have powers of investigation to redress racism.
United Bermuda Party MP Charlie Swan, who will speak in today's debate, said yesterday: "The Government should have done something years ago if they needed to give CURE some teeth."
Mr. Swan added that CURE had been used as a political tool by the Progressive Labour Party Government.
He noted CURE had historically been a data-gathering commission and as a businessman he found it onerous to have to fill out its forms.
"I'm just trying to find good people to work, I don't care what colour they are. If it's a Bermudian, I take them," said the plumber. "Most people feel the same way."
Other legislation on the order paper, but not expected to be debated today, include the Marine Board Amendment Act, and associated Maritime Security (Harbour Areas) (Restricted Zones) Order.
These outline a series of harbour areas people will not be allowed to enter while a cruise ship is docked. It's thought to make it more difficult for drugs or other illegal packages to be collected from ships.
Restrictions will apply in sections of ship terminals at Ordnance Island and Penno's Wharf in St. George's and No. 1 and No. 5/6 terminals in Hamilton.