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By Daniella Andrews
Over the last few days, two major occurrences emerged from the educational space that explicitly highlighted the unequal application of law in Barbados. The public is now well aware of the illegal survey administered by the Ministry of Education, Technological and Vocational Training, which continues to dominate the news cycle. However, what has generated less headlines but is equally important, is the case of Pedro Shepherd and Alwyn Babb, two teachers, who face disciplinary charges for their participation in the January 19, General Election.
In the case of the illegal survey, as evidenced by the legal requirements in the Data Protection Act 2019, the laws of Barbados were clearly broken. Under this Act, principles such as the lawfulness of processing data and conditions for consent relating to children are explicitly stated. Section 8 of the Act stipulates that the processing of a child’s personal data shall be lawful only where consent is given or authorised by the parents or guardians of the child. Additionally, the law also goes on to state that such consent should be verified by the data controller, who in this case, is the Ministry of Education.
Whereas, in the case regarding the disciplinary actions against the teachers, The General Orders 3.18.1 state that officers and employees are forbidden to participate actively in politics including being adopted as a parliamentary candidate, as was the case with Shepherd and Babb. Since disciplinary hearings were brought against these two previous Democratic Labour Party candidates, several objections were mounted, mainly on the bases that the disciplinary code was highly dated, and there was no harm, and therefore, no foul. Despite these objections to the disciplinary procedures, some hardliners continue to hold the view that “the law is the law” and it should be followed.
Seemingly, the Ministry of Education has also adhered to “the law is the law” approach as it has relentlessly pursued Babb, who has since been found guilty of misconduct and suspended for three months on half pay, while Shepherd’s case remains pending. Yet, for the rest of us right-thinking Barbadians, we see yet another classic case of two Barbadoses where “the law is the law” based on who’s running on the wrong side of it.
Yet, this “the law is the law” approach has brought up glaring, and for some, uncomfortable ironies. In 2019, the then Minister of Innovation, Science and Smart Technology, Kay McConney, during a debate in the senate, came out in full force by championing the merits of the Data Protection Act. During this senate debate, through her firm understanding of the Bill, with conviction she informed the public the Act granted persons ownership rights to their data, and no breaches in the collection of this said data should occur.
Yet, despite her previous convictions, Miss McConney is now generously offering the public a crash course in do as I say as the Minister of Innovation, but not as I do as the Minister of Education. This contradiction, rather than conviction, has led to several calls for her resignation, as the ministry which she leads has broken the law. In a manner of defiance, minister McConney has ignored these calls and instead insists that she is staying put.
As the defiant minister stays put, and as we await the ministry’s verdict on Pedro Shepherd’s case, Barbadians again have a front row seat to witness the law is the law, until it is politics.
This column was offered as a Letter to the Editor.
