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WEDNESDAY, MAY 15, 2019
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‘Like a cancer’: Port to join URCA battle
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
T
HE Grand Bahama Port Authority (GBPA) is set to intervene in Freeport’s utilities regulation battle, with a top QC yesterday accusing the government of “eating like a cancer” at the city’s governance. Fred Smith QC, the Callenders & Co attorney and partner, confirmed to Tribune Business that the GBPA has hired him to defend the Hawksbill Creek Agreement - and the powers that it grants to
• Hires top QC to intervene in court case • Smith slams Hawksbill Creek ‘gnawing’ • Asks: ‘Is it economic misery till 2054?’
FRED SMITH QC
regulate all utilities in the Port area - from the Utilities Regulation and Competition Authority’s (URCA) challenge to its jurisdiction. The national regulator is arguing in legal papers that itself - not the GBPA - has the legal authority to supervise Freeport’s energy sector through the Electricity Act 2015, which “implicitly repealed” key parts of the Hawksbill Creek Agreement.
URCA’s case, filed with the Supreme Court at end-March 2019, is that Parliament was “constitutionally entitled” to override Freeport’s founding treaty when it passed the legislation into statute law. That is a response to the position taken three years ago by the Grand Bahama Power Company. Sensing
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‘Critical surgery’ for Bahamian economy By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Bahamas “must perform critical surgery on our economy” to return to the three percent-plus average GDP growth enjoyed pre-recession, the Chamber of Commerce’s chief executive said yesterday. Jeffrey Beckles told Tribune Business that 2018’s 1.6 percent real GDP expansion, unveiled by the Department of Statistics on Monday, was “not sustainable” and inadequate to solve The Bahamas’ pressing economic and social needs. He added that the fact it had taken six years to return to 2012’s economic output levels “spoke for itself” in terms of highlighting The Bahamas’ economic “struggle” over
• Chamber chief: 1.6% growth ‘not sustainable’ • Six-year expansion stall ‘speaks for itself’ • Says ‘market forces must be in play’
JEFFREY BECKLES the past decade since the 2008-2009 recession. Arguing that three consecutive years of 1.6 percent GDP growth “won’t do much for us”, Mr Beckles said The Bahamas was well
“past the time for talking” when it came to implementing real structural reform that removed obstacles to improving the cost and ease of doing business in this nation. He called for the private sector to lead the charge for higher GDP growth, and warned that “market forces need to be in play” if The Bahamas is to achieve the faster expansion necessary to make a serious dent in the stubborn double-digit unemployment rate. “The short answer is: ‘No’,” Mr Beckles replied, when asked if 1.6 percent GDP growth was sufficient to meet The Bahamas’
needs. “Anything less than pre-recession growth rates will be a struggle for The Bahamas, and what happened in the last ten years is trending in the wrong direction. “The more we struggle to get back to pre-recession, the longer the road is going to be for us. It means that the recovery has been far longer than most of us anticipated. While we’re not the only ones recovering, to be in this position where we’re still struggling to get two percent average growth speaks to the fact we have more to do.”
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Sarkis dismisses $150m Technology hub flagship admits damages claims from CCA problems but no GB pull-out By NATARIO MCKENZIE
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BAHA Mar’s original developer yesterday dismissed the $150m counter-claim launched by the project’s contractor as another episode in its “long history of misrepresentations”. Sarkis Izmirlian’s, pictured, BML Properties vehicle, responding to the long-awaited defence filed by China Construction America (CCA) and its affiliates, said in an e-mailed response to Tribune Business’ inquiries: “CCA has a long history of misrepresentations regarding Baha Mar. This is merely more of the same.” The statement came after this newspaper revealed that CCA is claiming damages
Tribune Business Reporter
nmckenzie@tribunemedia.net
for alleged “shareholder oppression” by Mr Izmirlian and BML Properties that wiped out its entire $150m investment in the $4.2bn mega resort development. This element of CCA’s counter-claim is likely to raise eyebrows, not least because it is based on the Bahamian Companies Act in an action that is before the New York State Supreme Court. And many observers will wonder how
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THE “flagship” for the government’s Grand Bahama technology hub yesterday denied it plans to exit the island while admitting its business strategy had run into problems. GIBC Digital conceded it had “overestimated” demand for its services, but said suggestions it was pulling out of The Bahamas were “simply not true” and reiterated its commitment to Grand Bahama. “Developing business in The Bahamas continues to be a challenge, and we have had to make adjustments, as businesses do,” said Greg Wood, GIBC Digital’s chief executive. “We overestimated demand for the transformative work we do, and unfortunately, we’ve
had to reduce staff to align with current demand, but the suggestion that we are leaving is simply not true.” This is not the first time GIBC Digital has been forced to clarify its intentions. As recently as February 2019 the company was forced to clarify reports of “lay-offs” on Grand Bahama while acknowledging that business had been slower than expected. “Business has been slower than expected, and we have had to make adjustments, but this is no cause for concern,” Mr Wood said at the time. “We’ve also had to part ways with some senior employees who did not share our values, but we have replaced them with an all-Bahamian leadership team and are now on track
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‘Quality of life’ disconnect between gov’t and people By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A PROMINENT businessman yesterday said there was a disconnect between WTO-type policy decisions and how they “translate into an improved quality of life” for most Bahamians. Sir Franklyn Wilson, pictured, the Arawak Homes and Sunshine Holdings chairman, told Tribune Business that he was “starting to understand more clearly” why Bahamian voters had decided to change the government every five years since 2002. While successive PLP and FNM administrations had talked about investments and job creation, Sir Franklyn said they had failed to address the issues that mattered most to Bahamians - especially improving their incomes and living standards. He argued that the debate over whether The Bahamas should seek full membership in the World Trade Organisation (WTO) was thus irrelevant to many who had more pressing day-to-day needs that were either being ignored or not addressed by government ministers. Sir Franklyn also questioned whether there were sufficient entrepreneurs and Bahamian companies willing to exploit the improved overseas market access that WTO is billed as providing, saying he had heard little to no talk of companies planning to invest if this nation became a full member. Nevertheless, he praised the Bahamas Chamber of Commerce for commissioning the Oxford Economics report on WTO’s likely impact as an effort that shows how “public policy can be influenced by serious independent study”. Sir Franklyn added:
“Beyond all the talk, subject to further study and all that type of stuff, the part of the Oxford Economics study that got my attention was the call for economic reform. “What are we going to get from this? Where’s the manufacturers? Who are the exporters? What’s going on? There’s no manufacturing base; there’s fewer manufacturers than there were 30 years ago; Syntex and all those. “Where are they today? Where are the Bahamian entrepreneurs doing anything? To me, whether we join WTO or not, it’s almost one of those debates saying where is the return? What are we doing? Where are the Bahamians building anything, doing anything?” Sir Franklyn continued. “That, to me, is the larger question. Joining the WTO or not joining the WTO, what are we trying to achieve? Where is the Bahamian building a plant because we have access to markets x, y and z? Who’s talking that? To me it’s just more talk, which is why I’ve not got heated over it.” The Oxford Economics study said its findings were that WTO membership will be “moderately positive” for the Bahamian economy, especially if this nation undertakes broadbased structural reforms
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