The Bahamas Chamber of Commerce remained baffled that the Consumer Protection Bill advanced to the House of Assembly apparently without the recommendations that it made more than a year ago.
Last August, the Legislation Committee of the Chamber compiled an assessment of the impact of the proposed legislation on the business and the wider community.
It included 87 specific recommendations that were forwarded to the Ministry of Trade and Industry.
“To date, we have not had the courtesy of a reply and we were disappointed to learn that the bill has proceeded to the House of Assembly for debate without consideration by the government of the Chamber’s extensive response,” it was noted in a statement.
“So it is baffling that the input of the single largest business organization in the country appears to have not been considered.”
Initially the businesspersons were encouraged that the bill had been circulated for input, but the overriding concern that they expressed related to the proposed powers that would be granted to the minister while attempting to limit the power of the courts.
The Chamber took particular issue with the Consumer Protection Bill being “blanketed” with reasons that the minister can summarily convict individuals.
The rationale was that these kinds of acts that make it less likely that matters will go before the courts distort the fundamental democratic system. The Chamber suggested that if there is a perceived problem with the courts it should be fixed rather than the system being circumvented.
As for the summary convictions, the Chamber proposed that the criminal aspect is objectionable, should be removed and left to the discretion of the courts.
There was also a suggestion made that government services ought to be included in the bill along with a judicial appeal process and the right to sue the government for libel and or damages.
The bill seeks to provide for the protection of consumers through the creation of the Consumer Protection Commission whose functions would be to formulate and implement standards in relation to a consumer protection policy.
It would also be charged with carrying out investigations at the request of a consumer who has been adversely affected by goods obtained or services provided.
The bill provides for the commission to have the power to do everything that is required to carry out its functions while acting in a timely and transparent manner.
The Chamber reviewed the bill in consultation with the Bahamas Employers Confederation, the Bahamas Hotel Association, The Insurance Institute of The Bahamas, the Bahamas Manufacturers Representatives and Wholesale Association and the Small Business Association.
Additionally, it sought input from the Small Business Association, the Bahamas General Insurance Association, the Bahamas Motor Dealers Association and Amnesty International.
Further, the Chamber suggested that at the consultative stage bills should be issued with accompanying guidance notes to allow for optimal clarification.
From: The Bahama Journal
