Govt silent on number of charities paying it nominal rents
Nineteen charities are leasing taxpayer-owned property at nominal rent for 21 years less one day, Government says.But the Estates Ministry refuses to say which charities and properties are involved, and when the leases were entered into, saying the agreements are private contracts.This newspaper asked Government a series of questions over the last few weeks about 21 years less one day leases.After initially protesting that the number of such leases is “far too large to quantify”, the Ministry later promised to compile the information.Twelve days later a spokesperson revealed that the following 21 years less one day leases are current: 148 foreshore agreements, 19 charity rent/peppercorn leases to charities, sporting clubs and community groups, 19 utility/ telecom radio towers, five easements and one agricultural lease.We also sought to understand the Government’s rationale for such leases.“In accordance with the Public Lands Act of 1984, the Minister is required to report to Cabinet any sales or acquisitions or lease over 21 years of any Government land,” the spokesperson said.“The Minister has the flexibility to grant exclusive possession to any member of public a premise or a parcel of land for less than 21 years without prejudice.“With the exception of foreshores, which are agreements between a private property owner and the government, other entities that have been granted the 21 years less one day have been deemed by the Ministry to a benefit to the community and public good.”Asked whether some of the leases came into effect before November 1998 when the Progressive Labour Party came into power, the spokesperson said:“The former United Bermuda Party Government granted several leases of this nature, some of which remain in place today.”There was no response to a question seeking to know how many of such leases predated the PLP.And, asked how leases of public land could be considered private and confidential, the Ministry was adamant that “the privacy of information in any legal document must be respected”.This newspaper then asked for a list of the charities and the years the leases were entered into and received this response:“As stated in previous communications, all Government lease agreements are still private contracts between parties.“Any information within such as the names of the parties involved or the terms of the agreement may only be considered to be released upon the full consent of both parties.”Rent-free 21 years less one day leases came into public view when this newspaper reported that anti-gang organisation CARTEL had secured such a lease for White’s Island.The arrangement was heavily criticised but CARTEL founder Leroy Bean said that such leases were common.The Opposition One Bermuda Alliance criticised the process of granting the lease to CARTEL as “corrupt” because it had not been put out to tender, and because of Mr Bean’s associations with the ruling party.Premier Paula Cox said that, going forward, all leases will be subject to Cabinet approval, and reiterated her administration’s commitment to transparency.“The thinking is that justice has not just to be done but to be seen to be done,” the Premier said.Ms Cox added: “Transparency is so important and critical so that the integrity of action by Government has to be beyond reproach.”If you are the head of a charity with a rent-free 21 years less a day lease of taxpayer property, e-mail ajohnson@royalgazette.bm