But what is that public purpose? And will it be better defined than it was the last time? After all, that, principally, is what made the first nationalization "drop-through."
Speaking of that public purpose, the Prime Minister kept his cards very close to his chest - here's what he told the media:
Jose Sanchez, Channel 5 News
"What is the new public purpose, or the correct forms of public purpose, that has been revisited?"
Prime Minister Dean Barrow
"You remember that the public purpose is what will be reflected in the statutory instrument that the Minister will make. And that's why I was careful to say that I am sure that since on the last occasion, when the public purpose was legitimate, but the reasons offered for triggering the public purposes did not amount to the sufficiency to justification that the court wanted. The Minister now, I think in terms of the public purposes that he will use, and the reasons he will refer to, as justifying the triggering of the public purposes, will be absolutely on safe ground. But that will be seen in the SI, which can't be seen until the law is passed."
Jules Vasquez
"However, you can't undo the original one, which clearly stated what the purpose was then. How do you - you can't undo that; that is indelibly and forever stated that that was the purpose."
Prime Minister Dean Barrow
"That was the purpose, then; you are saying what the purpose is now. You are going to be making that retrospective, and so as long as the purpose that you are referring now, would have been a purpose at that time, in my view..."
Jules Vasquez
"So it would have been a purpose over looked?"
Prime Minister Dean Barrow
"Yes, or not over-looked, not used. You could have an almost infinite number of public purposes; you select the ones that you think are triggered the particular circumstances. You come back now, and you employ what was not selected on the last occasion, but what you positive the circumstances would have justified had those purposes been selected."
Jose Sanchez
"Okay, but which unselected public purposes or reasons are we looking at?"
Prime Minister Dean Barrow
"You have to wait until the Minister signs tomorrow. I can't presume to, in any way, fetter the discretion of the Minister. The law has to be passed; the Senate passes it this afternoon; it will go to the GG, presumably by 5, for his signature. There-after, under that law, the minister moves. How can I tell you, now, what purposes the Minister will used? I believe I have some good idea, but if I did that, that might be interpreted as my directing the Minister, as my circumscribing the latitude and free will of Minister, who is decision-maker, not I."
We'll wait and see what tomorrow's statutory instrument says.
