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Row over CJ now in Straw's hands

Britain's Foreign Secretary Jack Straw will now decide on who will be Bermuda's next Chief Justice.

Premier Alex Scott warned Britain yesterday that to appoint a non-Bermudian Chief Justice against the will of Government would be a “regressive step”.

Mr. Scott spent half an hour yesterday with Overseas Territories Minister Bill Rammell “forcibly” telling him Government wanted Bermudian Norma Wade-Miller as new Chief Justice rather than Governor Sir John Vereker's choice of Englishman Richard Ground.

After the meeting, Mr. Scott told The Royal Gazette he had discovered the views of the Premier carry less weight with Britain than he had thought.

The row has blown up after Sir John ignored Mr. Scott's recommendations and is believed to have backed current Turks and Caicos Chief Justice Mr. Ground, supposedly because he has more experience of commercial law.

The protests from Bermuda have been so strong that Mr. Rammell is passing on the difficult decision to Foreign Secretary Jack Straw, said Mr. Scott.

A full Bermudian delegation of the Premier, Attorney General Paula Cox, Cabinet Secretary John Drinkwater, lawyer Phil Perinchief, and Head of Communications Beverle Lottimore met Mr. Rammell and the Governor after the three day Overseas Territories Consultative Council (OTCC) had finished in London.

Mr. Scott admitted if Mr. Straw backs the Governor and appoints Mr. Ground, a former Puisne judge who is currently Turks and Caicos Chief Minister, there was nothing he could do.

But the decision was so important - having implications for Bermuda Regiment and Police promotions, he believes - that he will have to canvass Cabinet colleagues and members of the Progressive Labour Party to decide how to react to what would be a very public slap in the face.

“I forcibly made representation for a Bermudian being the successful candidate,” Mr. Scott told The Royal Gazette yesterday.

“We were very candid in that we had an eminently qualified Bermuda and in the case of our immigration laws, when there is a qualified Bermudian, we need look no further.

“The view that someone with greater qualification outside does not make for a successful candidate, as per our immigration laws.

“Bill Rammell said that because of the forcefulness of our concern and argument, the decision will be passed to the highest level, to Jack Straw.

“When a Bermudian Premier gives advice, we found it does not carry the weight one would have thought.

“To not have a Bermudian Chief Justice when we've had Bermudian Chief Justices for 30 years would be a regressive step.

“And what would this mean for the Regiment and the Police promotions because the Premier has no control over the security forces? This is a very significant decision.”

The meeting with Mr. Rammell took place after the OTCC meeting, when Bermuda's constitutional arrangement had been praised by other overseas territories.

But Mr. Scott warned them the Bermuda model meant nothing if there was no goodwill on the British side.

“I said in the presence of all the delegates in the overseas territories community that expressed an interest in having the Bermudian model of a constitution, that we would support them and it would be a constitutional advance, but it would not improve their position greatly unless there were men and women who manage the relationship between the overseas territories and UK who treat each other respectfully,” he said.

“I said if there is real consultation and they really listen and take advice of the members of the overseas territories we will have real progress and a relationship.”

When asked if he thought there was goodwill on the British side and they would listen to his views, Mr. Scott: “We will have to wait and see.”

When pressed about how he would react if Mr. Straw ignored his advice, Mr. Scott said: “We will wait until the moment. I don't want the pre-empt the decision because we don't know how it will go.

“I would like to share the experience with my Cabinet and parliamentary colleagues and the party in general to see what we feel is the appropriate demeanour of the Government if it should happen that our advice is not taken.

“Once the decision is taken, I would think that is the end of the road.

“My understanding is that it can't be challenged legally and that is why it is important to have goodwill on both sides and genuine respect for the people of Bermuda because the Government of Bermuda has provided advice and the feeling is broadly held (on Island).”

Mr. Scott would not say if the Governor challenged him at the meeting and continued to push for Mr. Ground.

Deputy Governor Nick Carter would only say yesterday: “Ministers are still considering the decision.”

Meanwhile, Mr. Scott said Mr. Rammell had assured him that Bermuda had good governance and met international standards.

Part of the OTCC meeting referring to Britain's contingent financial liabilities to the territories did not apply to Bermuda because the Island does not receive money from the UK.