10082021 BUSINESS

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business@tribunemedia.net

FRIDAY, OCTOBER 8, 2021

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Atlantis owner urged: Obey Bahamas’ laws * Union chief fears COVID testing ‘setting bad precedent’ * Making staff pay compromise with Brookfield policies * Ferguson: Multinationals cannot ‘disregard the law’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A trade union leader yesterday urged Atlantis’ owner to “obey the laws of The Bahamas” relating to COVID-19 testing, and warned the present situation “is setting a bad precedent”. Obie Ferguson, the Trades

Union Congress (TUC) president, told Tribune Business that the laws of a sovereign nation such as The Bahamas must take precedence over any worldwide policy implemented by Brookfield Asset Management and other multinational conglomerates with businesses and operations in this nation.

He added that the situation at Atlantis, involving the resort’s policy that unvaccinated staff must pay for their weekly COVID-19 tests, could encourage other major employers to “disregard the law” and follow suit SEE PAGE B4

TUC president Obie Ferguson.

$160M REVENUE CUT FROM VAT RATE SLASH

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

The Government’s planned VAT rate cut will slash revenues by $160m per year, an ex-Cabinet minister asserted yesterday, as he slammed its “silence” on how extra spending will be paid for. Kwasi Thompson, former minister of state for finance, said in an e-mailed statement that the Davis administration’s proposed two percentage point VAT rate cut to 10 percent would cost the Public Treasury some $800m if applied across its five-year term. The Progressive Liberal Party (PLP), while in Opposition, suggested the VAT rate cut would only initially be applied for one

* Gov’t ‘silent’ on how extra spending paid for * Ex-minister’s ‘fiscal irresponsibility’ accusation * Argues ‘not telling Bahamians the whole story’ year to see if it resulted in increased revenue by stimulating a greater volume of economic transactions. However, there was no mention of any one-year restriction or ‘trial’ in Wednesday’s Speech from the Throne. No empirical studies, though, have been produced to justify the move or show what impact it will have on government revenues and the overall fiscal position, as well as the wider economy. However, the newly-elected administration effectively doubled down on its VAT rate cut pledge during Parliament’s opening by promising that

$400M AIRPORT PPPS UNDER GOV’T ‘REVIEW’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

SOME $400m worth of airport upgrades are under review to determine if the process as designed aligns with the Davis administration’s strategy, a top aviation official said yesterday. Algernon Cargill, director of aviation, told Tribune Business that he and his officials “will have an answer soon” from Chester Cooper, deputy prime minister, and his team on whether the Grand Bahama and six Family Island airport public-private partnership (PPP) bidding processes will launch as envisaged by the former administration. Describing this review as a normal procedure any prudent incoming administration would initiate, given the sums of money involved and importance to Bahamian SEE PAGE B5

CREDIT ACCESS SLUMPS TO UNDER 50% OF GDP By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

Credit to the private sector continued its “longterm decline” during the COVID-19 pandemic to drop below a sum equivalent to 50 percent of GDP, Moody’s has revealed. The credit rating agency, in its just-published full country analysis on The Bahamas, highlighted the increasing difficulties companies and individuals are facing in accessing loans by disclosing a more than 15 percentage point slump in total outstanding credit over the past decade - a

trend that further worsened due to the fall-out associated with COVID-19. “Credit to the private sector has been on a longterm decline for years, with credit to the private sector falling from around 65 percent of GDP (gross domestic product) in 2010 to around 50 percent by end-2019,” Moody’s said. “The IMF credits the contraction in credit to more stringent lending standards, a low-growth environment keeping demand for credit low, and overall more caution from banks. This trend persisted SEE PAGE B5

it will be applied “across the board”. No specifics or timelines were given in the Speech from the Throne, with some observers wondering whether “across the board” means it will eliminate the complex and costly exemptions introduced by the former Minnis administration. The absence of details was cited yesterday by Mr Thompson, who accused the Government of preparing to pursue “fiscally irresponsible policies”. Questioning how the Davis administration’s will finance its expanded social initiatives, amid the worst economic

KWASI Thompson and fiscal crisis in The Bahamas’ history, when it is cutting the Public Treasury’s main source of revenue, Mr Thompson blasted: “The Speech makes it clear that there is a dramatic shift from the fiscally responsible policies that are required for a robust recovery. “The Fiscal Responsibility Act was introduced to SEE PAGE B4

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PRIVY COUNCIL HEARING COULD HALT GOV’T/DEVELOPER ‘SCUTTLING’ early 2000s, NGOs have repeatedly been met with what are extremely high security for costs orders AN OUTSPOKEN QC by the court. By the use was yesterday optimistic of these security for costs that an upcoming Privy mechanisms, civil sociCouncil case may set legal ety has been denuded precedent over tactics and deprived of its day in employed by the Govern- court. “There is the perception ment and developers to that once developers and “scuttle” court challenges. the Government Fred Smith QC, have entered into the Callenders & a Heads of AgreeCo attorney and ment, secretly partner, told Tribusually, the sacred une Business the cow of develophighest court in ment should not the judicial system be challenged by has granted perlegitimate, justified mission for his reasons, and strong Responsible cases by the NGOs Development for have been torpeAbaco (RDA) doed or foundered client to contest “the over-zeal- FRED SMITH, QC. on the rocks of security for costs.” ous protection” RDA is challenging a afforded by the Bahamian November 2017 ruling courts. Speaking after RDA by Supreme Court Jusobtained “leave to tice, Petra Hanna-Weekes, appeal” directly from the and which was subsePrivy Council, having quently upheld by the been denied this by the Court of Appeal, to pay Court of Appeal, he said the Abaco Club $150,000, the outcome could impact and the Government a both the magnitude and further $100,000, as a amount of so-called “secu- total $250,000 “security rity for costs” orders that for costs” relating to its have frequently been used challenge to the former’s to stifle public interest liti- marina in Little Harbour. “Security for costs” are gation in The Bahamas. Recalling cases where he effectively a bond, lodged has acted for Save Guana in escrow, that will be used Cay Reef Association, to cover a respondent’s Save the Bays, Water- legal costs - a well as comkeepers Bahamas and pensate them for time and reEarth, Mr Smith said: delay - should the appli“Many non-governmental cant in a Judicial Review organisations (NGOs) or similar action ultimately have been denied their day lose the case. Developers and the in court on the merits of their claim by the Govern- Government will likely ment and the developers argue they are justified joining forces and scut- in demanding “security tling what are meritorious for costs” payments given and substantial public the legal expenses they interest claims by using incur in combating Judiprocedural trench warfare cial Review challenges, such as security for costs many of which they view as frivolous and having no applications. “Regrettably, since the chance of success. For developers, in development of environrequiring mental jurisprudence in particular, The Bahamas since the SEE PAGE B7 By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net


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