WHEREAS in conformity with Article 29(1) of the Constitution, the Governor-General made a Proclamation dated the 17th day of March 2020 declaring that a state of public emergency exists in The Bahamas;
AND WHEREAS Article 29(4) of the Constitution provides that a proclamation of emergency shall, unless it is sooner revoked by the Governor-General, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under paragraph (5) of this Article, but without prejudice to the making of another proclamation of emergency at or before the end of that period;
AND WHEREAS Article 29(5) of the Constitution provides that if at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this paragraph) a resolution is passed by each House of Parliament approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period;
AND WHEREAS having regard to the confirmation of the presence of Covid 19 in The Bahamas, a state of public emergency exists in The Bahamas;
AND WHEREAS section 3(1) of the Emergency Powers Act (Ch. 34) (the “Act”) provides that whenever a proclamation of emergency is in force the Governor-General may make such regulations as appear to him to be necessary or expedient for securing the public safety, the defence of The Bahamas, the maintenance of public order and the suppression of mutiny, rebellion and riot and for maintaining supplies and services essential to the life and well-being of the community;
AND WHEREAS the Governor-General made the Emergency Powers (Covid 19) Regulations, 2020;
AND WHEREAS section 5(1) of the Act provides that all emergency regulations, if not sooner revoked, shall cease to have effect when the proclamation of emergency in pursuance of which they have been made ceases to have effect;
AND WHEREAS section 5(2) of the Act provides that no emergency regulations shall have effect:
(a) during a period when a proclamation of emergency is in force by virtue of having been approved by a resolution of each House of Parliament under the Constitution; or
(b) during a period when a proclamation of emergency is in force by virtue of having been extended by a resolution of each House of Parliament under the Constitution, unless each House of Parliament has, by a like resolution in such case, affirmed that those regulations shall have effect during that period.
NOW THEREFORE BE IT RESOLVED that this House —
(a) approves the continuance of the proclamation of emergency until the 30th day of April 2020, being a period of thirty days from the date on which it would otherwise expire, pursuant to Article 29(5) of the Constitution;
(b) affirms the Emergency Powers (Covid-19) Regulations, 2020 made on the 17th day of March 2020.