It is a universal and well accepted principle in any civilized society that no one should be above the law and that where one enjoys certain rights and privileges one must also be constrained by some corresponding obligations and responsibilities no matter what status one holds in the society.

A blatant disregard of the above stated principle is clearly demonstrated by a Bill which was railroaded by the Government’s majority in the last sitting of parliament. This Bill, known as the “Financial Intelligence Unit (FIU) Bill of 2011.” Is clearly intended and designed to achieve sinister aims and objectives of the Government that could not have been achieved under the current law. Thus under the pretext and guise of fighting financial crimes such as money laundering and terrorist financing, the Government finds cover to go after its real targets such as political opponents and ordinary citizens who are vocal and open in their criticism and condemnation of an obviously failed administration.

Is the country reverting to the period of March 13th 1979 to October 25th 1983 when we were ruled by decree? Those of us who experienced this time cannot forget the horrors many peace loving ordinary Grenadians was subjected to as a result. It is somewhat incomprehensible that our present Prime Minister, Honourable Tillman Thomas who was imprisoned during this time when the constitution was suspended and our human rights were abused could turn a blind eye now and give credence to this draconian anti humane bill. Is the Prime Minister forgetting his promise of transparency and dealing with the people in an open way when he piloted the bill in parliament without consulting with all stakeholders?

It must be clearly stated at the outset that the opposition members of Parliament have absolutely no difficulty with any law that is intended to combat financial crimes such as drugs trafficking, money laundering and terrorist financing. In fact, under the NNP administration there were several strong measures and laws enacted to fight such crimes. These included:

(1) The money Laundering Prevention Act N0. 18 of 1999.

(2) The Anti- Terrorism act.

(3) The Integrity in Public Lift Act and

(4) The FIU Act. Of 2003, among others.

The problem with the proposed FIU Law is the obvious intent of the Government to use it for witch hunting, victimization and other political mischief.

The proposed law will give the Minister of National Security who also happens to be the Prime Minister almost total control over the FIU, especially in policy matters and information. Upon the Minister’s request, the director of the FIU must disclose or turn over to the Minister any and all information that the Minister deems necessary to carry out his duties. Moreover, the minister has the authority to hire consultants as part of the FIU’s staff.

Under the proposed new law, the FIU will be removed from under the police command and be established as a separate department of Government thus giving the Minister a free hand to interfere in the affairs of a law enforcement body. Also, the director and other members of the FIU will have sweeping and unfettered powers and authority that can be easily abused without any liability or legal consequence to them. They have the power to Search, Seize and Arrest and to order a bank or other financial institution to freeze the account of a person suspected of a financial crime for up to two days without an order by a Judge and if they commit any wrong in the course of their duties, they cannot be punished so long as the Officers say that they thought what they were doing was lawful. If the director of the FIU unlawfully gives information to a party who request such information, he cannot be punished. According to section 27 subsection (11), the Director is thereby Acquitted, Freed, Discharged and Indemnified as against all persons from liability arising from the supply of that information.

In other words, if because of some personal spite or malice the director supply information about someone illegally, the director cannot be prosecuted and punished. In such case, the law acts as Prosecutor, Judge and Jury all in one. In addition, unless the director consents in writing, even after he leaves the service (FIU) he cannot be compelled to give evidence relating to any record or information he obtained while he was the director of the FIU.

The question is, why is the Government going out of its way and out of the norms to protect a certain group of officers even at the expense of the legal and constitutional rights of the majority of the Grenadian Citizens?

Well, the answer can be found in the saying that “some people and Government too will “burn down a church to kill an ant.”

The other very important question to be asked is why does the Government find it necessary to establish a new and separate department that will expand the bureaucracy and impose a further burden on the backs of the Grenadian tax payer at a time when people cannot put food on their tables, cannot send their children to school, cannot get medication at the hospital and when the Government says it has no money and according to the permanent secretary for finance Mr. Timothy Antione , the current monthly wage and salary bill of 25 million is to high?

The plain, true and obvious answer to this question is that the present NDC Government is selfish, incompetent, and vindictive and does not care about people especially the poor, vulnerable and sick.

The NNP calls on the Conference of Churches, the Evangelical Alliance, the Bar Association, the Trade Union Council and Non Governmental Organisation to see this bill for what it is and be mindful that no one is excused from being harassed by it. As a civilized and religious people we should signal our objection to this Bill in the strongest possible terms.

From the Opposition New National Party