FRIDAY, DECEMBER 16, 2016
business@tribunemedia.net
$3.85
$3.90
$3.86
Commission’s regulatory powers restored by court By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
Can again take pre-emptive action ‘in public interest’
The Appeal Court has overturned a verdict that prevented the Securities Commission “from acting in the public interest”, following its battle with a BISX-listed company over the latter’s compliance with regulatory capital standards. The ruling, delivered on Wednesday, effectively allows the Securities Commission to maintain the integrity and order of the Bahamian capital markets by upholding its ability to take pre-emptive regulatory action against licensees before giving them an opportunity to respond. This had been curtailed by
BISX-listed firm’s ‘hearing first’ verdict overturned Alliance solvency concern existed before SEC case a Supreme Court ruling from Senior Justice Stephen Isaacs in June 2014, who found that the Securities Commission had
been “heavy handed” and “exceeded its jurisdiction” in the action it took against Alliance Investment Management. The regulator had been concerned about the failure of the broker/dealer, the main subsidiary of BISX-listed Benchmark (Bahamas), to address concerns over whether it was compliant with regulatory capital/going concern requirements and properly segregating client monies from its own. The Securities Commission ultimately on April 11, 2013, ordered Alliance Investment Management to “cease taking on any new business” and remedy its non-compliance with the Securities Industries Act 2011 within 15 days. This prompted the broker/
dealer and its president, Julian Brown, to initiate a Supreme Court action four days later to have the regulator’s orders “quashed”. Alliance prevailed at the Supreme Court, with Senior Justice Isaacs finding that the Securities Commission operated “as a law unto itself” in taking regulatory action without first giving the broker/dealer an opportunity to be heard. He added that the regulator had incorrectly interpreted two sections of the Securities Industries Act which, when read together, only “negated” the requirement for a hearing on three of 19 counts. “In other words, it could not be the intention of Parliament See pg b6
‘So much to get NHI: 70% physician our teeth into’ acceptance a ‘stretch’
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
Loretta to become Public Accounts Committee chief
The newly-appointed House Opposition leader yesterday said she will now head the Public Accounts Committee (PAC), saying: “There’s so much to get our teeth into I don’t know where to start.” Loretta Butler-Turner told Tribune Business she was “going to put myself on that [the PAC] to see if we can get some investigations going” into issues exposed by Tribune Business this week. Among the topics the current Long Island MP says she plans to target are the ongoing woes at Bank of the Bahamas’, where 46 per cent of its loans (more than $234 million) are non-performing, and the International Monetary Fund’s (IMF) assertion that the 2015-2016 fiscal deficit will be double the Government’s $150 million projection. “I think you’ve given me a lot See pg b5
Says: ‘Someone’s got to start asking questions’ Notes IMF warning on ‘out of control spending’
Loretta Butler-Turner
Loretta: Web shops ‘only game in town’ for Long Islanders By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net Long Island’s MP yesterday backed concerns that web shops were having a negative economic impact on her constituents, becoming “the only game in town” as other business “pillars” closed. Loretta Butler-Turner, the newly-appointed Opposition leader in the House of Assembly, told Tribune Business there were “very few settlements” in her constituency where web shops were absent. Backing the concerns raised at the Long Island Business Outlook conference by former Chamber of Commerce head, Mario Cartwright, Mrs ButlerTurner said persons struggling financially were “easily tempted” to gamble in the hope of scoring a big win. “We share the same sentiments,” Mrs Butler-Turner said of Mr Cartwright. ‘It’s very difficult. I’m telling you that there are very few settlements where they are not located. “There’s a proliferation of web shops. It seems to be, no pun intended, the only game in town. I’ve seen other businesses that were the pillars of certain communities struggle and literally close down.” Mr Cartwright had earlier this week slammed web shops as a “scourge” that is “drying up” Long Island’s economy, with residents prioritising gambling above everything else.
As private sector ‘pillars’ go out of business Shares businessman’s concerns on sector ‘scourge’ Struggling Bahamians ‘easily tempted’ to ‘win big’ “By 2012 they were in full swing. These gambling houses eventually carved out a major portion of the local economy for themselves,” he added. “It is unfortunate that many Long Islanders are avid gamblers. Playing numbers transcends everything in their lives. Money for gambling is set aside first before consideration is given for groceries, clothing and other vital household needs; it’s a pity.” Mr Cartwright said: “Every month, tens of thousands of dollars leave Long Island via human couriers who carry the money to the numbers house bosses in Nassau. “This money never comes back. This gambling scourge has caused a severe decay in the moral fibre of the Long Island community. Parents are setting a very poor example for their children. Legitimate businesses See pg b7
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
The National Health Insurance (NHI) Secretariat’s assertion that 70 per cent of doctors are willing to accept its terms and sign on to provide primary care was describe as “a stretch” yesterday by a senior physician. Dr Duane Sands, the former FNM senator, told Tribune Business that he was hearing “quite the opposite” to the optimistic picture being painted by NHI project manager, Dr Delon Brennen, when it came to physician ‘buy in’. Dr Brennen, in an NHI press conference on Wednesday, said doctors who attended the briefing sessions on New Providence, Grand Bahama and Abaco last week had responded “very positively” to the scheme’s struc-
Ex-Senator hearing ‘quite the opposite’ to Govt Others brand Secretariat percentage as ‘laughable’ Primary care physician buy-in scheme’s ‘choke point’ ture and compensation rates. “In our exit surveys, 70 per cent of them have responded to say that not only are they accepting of the fee structure, but they’re willing to sign up and be a part of NHI Bahamas as we go forward,” he added. Dr Sands, though, See pg b7
$3.89
Activists: Govt ‘in cahoots’ with the Abaco Club RDA: $500k demand trying to ‘break our back’ Crown Land consultation key issue to determine Govt owes $1m from 4 year-old Wilson City ruling By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net Environmental activists have accused the Government and the Abaco Club of “working in cahoots to oppress and stifle” their legal challenge to the latter’s proposed Little Harbour marina development. Crispin Hall, an attorney with Responsible Development for Abaco’s (RDA) legal representatives, Callenders & Company, alleged in a December 14, 2016, affidavit that the developer and Christie administration were seeking to “break the back” of his client through separate ‘security for costs’ demands. Mr Hall’s allegations came one day after the Abaco Club and its attorneys, Higgs & Johnson, filed legal papers seeking the Supreme Court’s permission to “intervene” in RDA’s Judicial Review challenge to the Government’s consultation/permitting processes for the Little Harbour project. The Abaco Club’s move came on the same day that RDA’s lead attorney, Fred Smith QC, accused it and other developers of forcing Bahamian taxpayers to “foot” their legal bills by not defending their interests in such actions. But the intervention, on behalf of Abaco Club subsidiaries, Abaco Club Investments, the Abaco Club Sporting Club and Winding Bay Development, is also seeking a Supreme Court Order that RDA pay $350,000 into an escrow account or ‘bond’ to cover their legal costs. With the Government having made a similar $150,000 ‘security for costs’ demand, RDA now potentially has to raise $500,000 to cover its opponents’ legal costs should the Supreme Court rule against it in the New Year. The Government and other developers have frequently used ‘security for costs’ See pg b4