Attorney General and Minister of Legal Affairs Anil Nandlall, S.C., has posited that the controversies surrounding the recently laid National Intelligence and Security Agency Bill (NISA) are rooted in ignorance, since what the proposed legislation does is merely provide a cloak of legality and removes the veil of secrecy surrounding an agency that has been in operation for more than a decade.
On Monday, the National Intelligence and Security Agency Bill, was presented to the House by AG Nandlall and immediately after, widespread criticisms came to fore regarding the proposed legislation.
But during his programme Issues in the News, the Attorney General pointed out that the Bill – which is now dubbed the ‘Spy Bill’ by some commentators – merely provides the legal framework for the National Intelligence and Security Agency (NISA), which was in operation since 2010.
“It has funded from public funded since then. So, 13 years or more this agency has been getting monies from the Parliament and in the Committee of Supply, the allocations of these funds have been explained.”
According to Nandlall, over the years and under different governments including the former APNU/AFC Administration, NISA – which bore a different name – has been headed by various persons with members such as former Police Commissioner Leslie James and Assistant Commissioner of Police, Royston Andres Junor.
“It continued during the APNU/AFC Government. Bruce Lovell, a senior officer from the Guyana Defence Force, was heading [NISA] at that time during the APNU/AFC years in government… For 13 years, this agency has been functioning; performing largely the same functions which are outlined in the Bill but it had no governance structure, it had no statutory framework and apparently people didn’t know about it.”
“Now, this Bill seeks to remove that clock of apparent secrecy and to bring a transparent legal structure into being and to establish an accountable framework in respect of the agency itself and those who will man and comprise the agency…”
Currently, NISA is being headed by Colonel Omar Khan of the GDF. He took over the helm of the agency from his predecessor, Bruce Lovell, who resigned shortly after the change of government in 2020.
President Dr Irfaan Ali on Wednesday hinted that the agency will soon get a new head since Colonel Khan will be heading the Guyana Defence Force from Friday as the current Chief-of-Staff, Brigadier Retired Godfrey Bess, proceeds on pre-retirement leave.
“You don’t have to worry about [Mr Khan heading two agencies at the same time]. When Mr Khan assumes his new responsibility [as Chief-of-Staff of the GDF], of course, we will have other persons taking up that responsibility [at NISA],” the Head of State told reporters.
The NISA Is currently operating out the Castellani House in Georgetown.
Meanwhile, Nandlall explained during his programme that the agency has and will continue to mainly be involved in intelligence gathering, working along with the Guyana Police Force and the Guyana Defence Force.
“It is an agency that will work along with the two principle Disciplinary Forces in our country – the Guyana Defence Force and the Guyana Police Force – and will aid them in intelligence gathering. It is not a law enforcement agency; it will not perform law enforcement functions.”
He went onto stress that as a country’s economy expands, so must its intelligence-gathering capabilities.
“More and more, as the economy grows, national security and the capability of the State to protect citizens and to protect assets within the State must proportionately expand and improve. Intelligence gathering has to be become institutionalised and we need agencies like this to execute those tasks.”
Nandlall, in fact, contended that the only criticism on this topic should have been the length of time it took to bring the legislative framework in place for the agency.
