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BERMUDA | RSS PODCAST

Senators approve referendum changes

Kim N. Wilson

Legislation that lays out the framework for future referendums was approved by the Senate yesterday.During the morning debate on the Referendum Act 2012, the Opposition questioned if referendums would be binding or if there could be a higher threshold for votes that would result in major constitutional changes.Attorney General Kim Wilson responded that both issues would be determined by the “mini-bill” calling for the referendum.She also said that between the mini-bill being tabled and the official posting dating a referendum, prospective voters will have around five weeks to register.“As soon as it’s tabled, The Royal Gazette is going to pick it up and everyone is going to talk about what’s been tabled,” Sen Wilson said.The Referendum Act allows legislators dictates the operational process, timelines, and who is eligible to vote in referendums, allowing legislators to hold a referendum without having to pass a separate law every time.It also includes default quorums which require at least 50 percent of registered voters to take part for the results to count. In order to pass, more than 50 percent of votes must be in favour of the motion.Sen Michael Fahy of the One Bermuda Alliance said that while such quorums are all right for matters such as gaming, he would want to see a supermajority required to approve constitutional changes, such as a vote for independence.Otherwise, he said major issues such affecting the country could be determined by as few as 26 percent of the population.“I think when we are looking at things like independence that are so serious, I think we should consider having a higher threshold,” Sen Fahy said.He said it is a good thing to put more power in the hands of the voters, he expressed some concern that the Premier can appoint an Ad hoc committee to manage the referendum, but there is nothing in the legislation requiring such a committee to be bipartisan.“There is nothing here to suggest that the members of legislation selected should be appointed from only one party or all parties in the House of Assembly or the Senate,” Mr Fahy said. “It could wind up appearing to be a biased affair.”Independent Senator James Jardine and Progressive Labour Party Senator Jonathan Smith both discussed the numerous referendums that had been performed in Europe and how they were organised, noting that a variety of approaches have been taken.While Sen Jardine joined Sen Fahy in suggesting Government look at a two tiered system, Sen Smith said that participation quorums in referendums have been known to have unintended consequences and actually reduce voter turnout.He explained that in cases when a participation quorum is in place and voter turnout is expected to be low, a minority of voters can nullify the results of a referendum simply by not voting.The OBA’s Toni Daniels said the legislation was a good first step, but doesn’t go far enough in some regards.While the legislation says that a referendum should take place within 90 days of official notice, she said a minimum time should also be included to ensure the public can be adequately informed.Senator Vince Ingham of the PLP stressed that the ultimate power always lies with the voting public.“The challenge is informing people in the first instance, and with this we are encouraging them to get involved in the process and enabling them to get involved in the process,” he said.Senator Diallo Rabain meanwhile said he believed the Bermuda public are responsible enough to show up and vote on important issues without requiring a participation quorum.Senator Michael Dunkley emphasised that there must be time allowed for the public to be informed, and that the public be informed ahead of time if a referendum is binding or not.He also repeated calls for an absentee ballot system to be put in place, saying: “We believe it is long past the time to consider absentee ballots. If you want to put power in the hands of the people, this is a way to do it.”Senator David Burt praised the legislation as another move by the PLP to enhance democracy, and that the public can petition their MP’s if they want various decisions to be decided by a referendum.“I think it’s something that’s clear,” he said. “It’s something I look forward to. I think this gives more power to the people.”