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‘Better late than never’ welcome to Good Governance Act

Attorney General and Senator Kim Wilson

The Senate yesterday unanimously approved legislation aimed at promoting good governance, with both parties calling the bill a step forward.Attorney General Kim Wilson said the Good Governance Act 2012 would discourage financial abuse by Ministers and members of the Civil Service, and protect whistle-blowers.“These are changes that should have been addressed decades ago,” she said.“It was not that long ago that Bermuda was run like Bermuda Inc who you knew got you benefits. However this Government’s goal is to promote fairness and provide opportunities for Bermudians.”She said that more work is being done to ensure that Government framework is tightened, with further legislation pending. As well, efforts will be made to educate the Civil Service about the new legislation.OBA Senator Toni Daniels said the Opposition fully supported the legislation but expressed concern whether the legislation would be used.“There’s no point having rules if you are not going to enforce them,” she said. “This Government needs to get diligent and enforce the rules or abuses will continue.”Although the legislation requires Ministers to inform the Premier about conflicts of interest before making a decision, there did not appear to be any direct penalty for failing to do so, she added.Sen Wilson said any decision made by a Minister can be the subject of a judicial review, and the Premier would under such circumstances certainly remove the Minister from their position.Independent Senator Joan Dillas-Wright praised the legislation as further protection of the public purse.She said it was a good thing it listed persons a whistle-blower could come to, but asked whether whistle-blowers could also approach others not included in the list and be protected.Independent Senator James Jardine said he was slightly concerned the legislation gave the Premier power to remove people from the list.“I wouldn’t like to see the Auditor General or Ombudsman removed from that list,” he said. “I would hope that case never arises.”Government Senator Diallo Rabain said he was excited to see the Opposition accept and support the legislation.“Bermuda is unique in its size,” Mr Rabain said. “No matter who you know, you know someone that is there and that can cause conflict. Ministers and civil servants are not immune to this.”He said that while there have been publicised issues in the past, it was important to focus on the future.“Let’s all hail that,” he said. “Let’s be happy that moving forward we won’t have this conversation about why wasn’t this done.”OBA Senator Michael Fahy agreed.“Better late than never. It’s quite right to say things happened in the past right up until fairly recently that shouldn’t have happened.”However he also noted that according to the Code of Conduct for Members of Parliament, Ministers should have already been warning the Premier of conflicts of interest.Government Senator Jonathan Smith noted that the vast majority of civil servants are hard working and law-abiding.He said that anyone who sees conflicts of interest or improper behaviour should come forward.“If you don’t challenge it, it will happen again without a doubt.“When there’s even a hint of impropriety, it needs to be challenged.”Government Senator Vince Ingham said the private sector also has its share of corruption and collusion issues.“This all comes down to people,” he said. “Fundamentally, it’s what people choose to do or not to do.”He said the legislation helps to clearly establish what is expected and what is unacceptable, and makes strides to encourage best practice.OBA Senator Michael Dunkley said any politician would support good governance, but that it is the Opposition’s job to ensure that the legislation has the appropriate teeth.“It’s obvious that we have support around the table for this but we have to make sure that it’s enforced properly.”Government Senator David Burt said the legislation was just one Government effort to improve governance along with the creation of the Ombudsman, legislation empowering the Auditor General and the open budget process.“We have to make sure to remember that this is just another step in the process,” he said. “We have taken it from where we found it and moved it to a better place and will continue to do so.”