TOPIC: THE DISASTER PREPAREDNESS & RESPONSE ACT 2005
NOVEMBER 2ND, 2005
 

Mr. Speaker, I rise on behalf of the faithful constituents of Bain & Grants Town and the Government of The Bahamas, to contribute to a significant piece of legislation named The Disaster Preparedness and Response Act 2005; also to be known as The Bahamas National Emergency Management Agency.

Mr. Speaker, bringing into law the NEMA Act is another progressive step in governments fine tuning it’s responses to disasters as a result of pre-existing plans. Mr. Speaker, for us in The Bahamas, disaster has usually come in the form of hurricanes. Since 1929, the record of hurricanes descending on parts or all of The Bahamas has been consistent and basically inevitable. And this piece of legislation is even more important in it’s progression because it seems that hurricanes are becoming more dangerous and destructive in their natures.

Mr. Speaker, in recent years we have seen the devastation that Mother Nature can exact on man’s attempt to bring progress into environments that existed long before man. Hence, all the talk of global warming and the change in the ozone layer is being considered as part and parcel of man tinkering with the laws of nature in the name of advancement. Hence, the world is experiencing abnormally hot summers, abnormally cold winters, killer hurricanes, vicious typhoons, hellish monsoons and recently, the killer of all killers—tsunami’s.

Mr. Speaker, no part of the world is safe from disaster in some form or another and while some call it the price to pay for man’s advancement, others also say that it is of a spiritual nature and written thousands of years ago to be revealed. And Mr. Speaker, we here in The Bahamas have experienced our share of disasters in the form of hurricanes and some were so memorable in its devastation that some persons would rather forget. But what governments cannot afford to forget is that an ounce of prevention is worth a pound of cure, hence this legislation bringing into law The Bahamas’ NEMA.

Mr. Speaker, to forget the past is a recipe to not be prepared for the future. Hence, the past few years alone of hurricane disaster leaves us with no choice but to prepare for the future by bringing into law this Act, also known as NEMA. For who could forget the year 2001 and Hurricane Michelle? My Government came to power in 2002 with still much repair to be done as a result of that hurricane and I won’t even bother to mention the work to still be done from Hurricane Floyd. Who, Mr. Speaker, can forget the back-to-back hurricanes of 2004 named Frances and Jeanne?

Mr. Speaker, the people of The Bahamas can and will never forget Hurricane Jeanne which appeared to have fallen in love with the Abacos and Grand Bahama by simply hanging around for such a long period of time.  It was a love that was never sought nor embraced by the residents of Abaco and Grand Bahama.

Mr. Speaker, the devastation of those two hurricanes plus that of Floyd and Michelle, causes still much work to be done. And for this year of 2005, though not having done any significant or wholesale damage to The Bahamas, how could we forget Hurricanes Katrina and Rita? These two recent hurricanes skirted through our Bahamaland; but did significant and wholesale damage to Southwest America, damage that will take years to repair and recover from. While we are thankful that Katrina and Rita spared us significant misery, we are equally sorrowful and prayerful about their devastation to New Orleans, Texas and Mississippi.

And today, Mr. Speaker, we find ourselves still in the throes of this 2005 hurricane season and without knowing what to expect, we prepare by introducing law for the parameters of The Bahamas’ NEMA. Yes, Mr. Speaker, we are experiencing a very anxious feeling in this 2005 hurricane season. So we cannot and should not forget what has happened in the past.

HURRICANE ABACO DRAGON
It is from that perspective, Mr. Speaker, that I want to take this opportunity to talk about the genesis of one particular hurricane that came to Cooper’s Town, Abaco, some fifty plus years ago. Mr. Speaker, what started as just a puddle of water from a sneaky rain some fifty plus years ago, turned into something so loathsome that many would rather forget. Through it’s early years and from time to time this sneaky rain was just a nuisance to the people of Cooper’s Town because it always showed up at the most inopportune and certainly unwanted times for the residents.

Mr. Speaker, it drifted over the years to New Providence, and with more persons to wreak havoc on, as opposed to Cooper’s Town, it grew from a squall into a tropical depression that just wouldn’t seem to go away. Now, Mr. Speaker, some persons in New Providence thought good of the wind and especially rain that it brought along because it was thought that the soil needed the water. But little did the people of New Providence know the damage that this particular tropical depression could do if it turned into a hurricane.

Mr. Speaker, the tropical depression did turn into a hurricane and for ten years it has wreaked havoc, destruction and misery on The Bahamas and in the lives of many Bahamians. What was once a tropical depression was now Hurricane Abaco Dragon, and it brought along all its anger, fury, spite and recklessness. And Mr. Speaker, just when the people prayed that Hurricane Abaco Dragon had disappeared into thin air or had just gotten lost—it’s back again, hiding, but hovering, over Bahamaland with a guarantee to be more vicious and destructive than it ever was before.

Mr. Speaker, as you would be aware, The Gospels of the Bible says, that a dragon/demon chased from the house, goes out into the desert in search of somewhere else to reside. And when he doesn’t find that place, he returns to the original house. And in finding that house clean, but empty, he invites his fellow dragons/demons to join him and that house is even worse off than it was the first time the dragon/demon resided.

Mr. Speaker, that is what is happening with the attempted return of Hurricane Abaco Dragon, he’s bringing along with him this time, Minor Tornado Watman, Tropical Depression Lanet and the initial puddles and squalls of rain called Trenton and Smighty!

Mr. Speaker, I have given that history about a puddle of water that started in or around Coopers Town, Abaco and fifty plus years later became a dastardly hurricane; to let the people of The Bahamas know that their PLP Government not only has a Hurricane Disaster Plan, for even the most nastiest of hurricanes; but we also have a Hurricane Destruction Plan for any such hurricanes like Abaco Dragon. Mr. Speaker, as it was fifty plus years ago, it’s starting again as a sneaky squall. But this time the PLP Government will stop it from becoming again a hurricane in the lives of Bahamians.

So Mr. Speaker, my Government waits and watches as we put into place a plan for hurricane disaster and prepare to dole out destruction for any human hurricanes that may attempt to destroy The Bahamas. But today, we put into law the parameters in which NEMA will operate in the case of disaster as a result of a hurricane spawned by Mother Nature.

NEMA BILL
Mr. Speaker, the Bill before us today is the legal parameters in which the work of NEMA will be administered. Of course all should be aware that NEMA is already in effect as was illustrated by the hurricanes of last year. NEMA will be mandated to be ran by a Director and Public Officers.

One of the duties of these officers would be to oversee the functioning and appropriateness of premises to be used as shelters in the event of an emergency. Mr. Speaker, the Director of NEMA will be required to develop plans and policies for the preparedness and recovery from any emergencies as a result of disasters and shall advise the Prime Minister on these issues. Mr. Speaker, meetings may even be chaired by the Prime Minister, where felt necessary.

Mr. Speaker, the Director will also be mandate to prepare and submit an annual report to the Prime Minister updating him on the plan to respond to disasters. Mr. Speaker, upon any Regulations by the Prime Minister, NEMA will be mandated to operate bank accounts and receive monies concerning recovery after a disaster has occurred. This Bill will also mandate the Prime Minister to also categorize an aviation or maritime disaster as one that would fall under NEMA and all of its policies.

The Importance of The Bahamas Building Code

Mr. Speaker, Honourable members may recall that in 2003, I had the privilege of introducing the Third Edition of The Bahamas Building Code.   This is an excellent document, which has created a world class standard for the regulation of building construction in The Bahamas.

Since its first edition in 1982, the code and its enforcement has had a proven track record of requiring a high standard for structural, mechanical and electrical design and construction.  I can confidently say that this is one of the main reasons for the mitigation of damage and speed of recovery from the effects of those hurricanes that have affected our country during this period. Therefore, this Disaster Management Bill will build on the foundation of an effective legislative and enforcement regime that is already in place for building construction, in the form of the Buildings Regulation Act, the Buildings Regulation (General) Rules and the Bahamas Building Code.

The 2003 Code contains the following changes and enhancements over the previous editions:

• The required lateral wind loading has now been increased from 120 miles per hour to 150 miles per hour, based on the relevant standard published by the American Society of Civil Engineers (i.e. ASCE Standard 7 - 02).  However, Mr. Speaker, given the  experience of the last two years, the evolution of the growth of hurricanes to  category 5 status, my Ministry is considering upgrading the design calculations for new building structures to withstand hurricane forces  up to 160 mph.
• For the first time an entire chapter has been devoted to the needs of the physically disabled (Chapter 45).
• For the first time, the installation of hurricane shutters has been made mandatory for all applicable, new buildings.  In order to allow for proper preparation and a smooth transition, I have decided to implement full enforcement of this provision on June 1st, 2006.  This is, of course, the beginning of the 2006 hurricane season.  I therefore encourage and challenge those in the construction industry, as well homeowners, investors and the general public to prepare now for this important change!  Companies who sell hurricane shutters are hereby advised that these products will have to be certified by my Ministry.
• Again, for the first time, the mechanical and electrical design and construction of building services above a certain size, in terms of their mechanical and electrical characteristics, are required to be designed and/or certified by a recognized or registered Mechanical or Electrical Engineer, as the case may be.   This is currently the case with Structural Engineers.  I will be working with the newly appointed  Professional Engineers Board, to work out the details for the enforcement of this new provision, along with the Buildings Control Division of my Ministry.
• The Code establishes a COASTAL ZONE, which is defined as “ The land from the mean high-water line to a line 1500 feet, 0 inches landwards or the entire island in question, whichever is less.” The presumption is that certain applicable construction practices will apply within coastal zones. In addition to being a hurricane mitigation measure, this will hopefully also become an integral part of an effective coastal zone management programme. Members should note that a multi-agency committee has been established for coastal zone management.

Concern has also been expressed about the minimum required height of 18 inches above the crown of the road for the ground floor of buildings, particularly those that are built near coastlines.  Mr. Speaker, I am advised that it is very difficult to establish a “one size fits all” minimum height for coastal zones, because of the unpredictable nature of hurricanes and their associated storm surges and flooding phenomena. Engineers, Architects and other Practitioners are expected to take all relevant factors into consideration, on a case-by-case basis.

Mr. Speaker, I wish to bring to this Honourable House attention that notwithstanding the Government’s mandate of a stronger building code I am advised that the damage caused by Hurricane Wilma  on the south side of Grand Bahama which has been described as a mini tsunami will not insulate buildings built under the strictest code from suffering serious damage.   If persons insist on building on coastal areas, consideration will have to be given to having structures elevated or built on stilts.
1. The need for more Effective Enforcement of the Building Code in the Family Islands

My observations of the effects of Hurricanes Frances and Jeanne last year have even further impressed upon me the need for greater and more effective enforcement of the Building Code in the Family Islands.  Any code is only as effective as its implementation and enforcement.
My ministry recognizes this need and will be taking the following steps to address it:
i). New Inspectors will be recruited to be resident on the Family Island.  They will be mandated to work closely with the Local Government Council and the Administrator, to meet the building inspection and code enforcement needs of the particular Local Government Jurisdiction.
ii). My Ministry has, in the recent past, trained inspectors from the Family Islands, who then return better-equipped to effectively ensure proper building regulation.   Of course, we remain committed to this process, and I take this opportunity to encourage all Local Government Councils and Administrators to contact my Ministry  with specific recommendations of suitable persons, who can be so trained by the Ministry of Works.

Mr. Speaker, it is clear that the Bahamas Building Code and the Buildings Control Division of my Ministry, has been and will continue to be, one of the most important mitigating factors for effective disaster management in our beloved Bahamaland.
I encourage NEMA to deepen its already effective working relationship with the Ministry of Works, for the good of all residents and visitors.

So Mr. Speaker, as one can see from my brief exposition on this Bill before us today, my Government is fine-tuning the ways and means by which NEMA should function in order to be most effective. Needless to say, my Government understands the need for this piece of legislation because an orderly process in the midst of chaos has a calming effect on all persons.

Gone are the days when disasters are to be used as political footballs or brownie points. Gone are the days when supplies are dropped off to some constituency and only certain persons benefit. And gone are the days when politicians sit in Nassau and brag about what all they have done or are doing in regards to disaster relief—when the places they are talking about doesn’t have a clue about where all the supposed-help is or went.

Mr. Speaker, this Bill before us today sets NEMA on a definitive course, with no reason to deviate and no parameters within this Bill to do so. I again however call on all Bahamians to cooperate with NEMA in times of disaster. Use the tool of partnership to cause the right things to be done in times of disaster. This is but a first step, but the right step, for a time that we cannot predict or control.

AS ALWAYS MR. SPEAKER, I THANK YOU