The right of Finance Minister Bob Richards and Government backbencher Jeff Sousa to serve as MPs in the House of Assembly has been questioned in a minority report released yesterday by a parliamentary committee.

Shadow Cabinet Ministers Walton Brown and Kim Wilson claim the two politicians failed to properly disclose their business interests with Government in the run-up to the December 2012 general election and, as such, may not have the legitimate right to sit in Parliament.

Their report, tabled in the House yesterday, states: “Voters in the constituencies where the Hon Richards and the Hon Sousa ran successfully have a right to expect and to know whether or not those elections are legally valid.

“And, likewise, Parliament should want to know whether or not members sitting [in] its august chambers are legitimately entitled to be doing so. The honourable thing to do is for these two members to make full and immediate disclosure of the right to continue to sit in Parliament.”

The Opposition MPs say Mr Richards and Mr Sousa declared interests in government contracts, in accordance with the Constitution and the Legislature (Qualifications and Disqualifications) Act 1968, when they ran as United Bermuda Party candidates in the 2007 general election.

But they add: “Although both men were widely believed to be involved in the same or similar contracts in 2012, neither of them made any declaration in accordance with the Constitution and the Act.”

Progressive Labour Party members Mr Brown and Ms Wilson recommend that Parliament acts to “bring clarity on the eligibility” of both One Bermuda Alliance MPs to continue to sit in the House.

Their minority report is attached to a full report from the whole select committee, which concludes that election candidates should disclose any interest they have in a government contracts “in the interests of full disclosure, transparency and accountability”.

The committee was set up at Mr Brown’s instigation, mainly to clarify what the law requires election candidates to disclose about involvement with Government contracts.

The Centre for Justice provided it with an independent legal opinion from London QC James Goudie, who concluded that candidates must make full disclosure of government contracts if they:

• are a director, officer, manager AND the beneficial owners of ten percent of the company’s issued capital;

• are the beneficial owner of more than 50 percent of the company’s issued capital;

• can exercise more than 50 percent of the voting rights; or

• can directly or indirectly control the company.”

The lawyer said Bermuda’s legislation should be tightened up to remove any ambiguities and to ensure the requirement is policed and enforced.

In the run-up to the 2007 general election, Mr Richards declared an interest in Bermuda Information Technology Services Ltd and Mr Sousa in Sousa’s Landscape Management Company. Both said their companies had contracts with the Government.

According to the select committee’s report, the OBA said the day before the December 17, 2012 election that Mr Richards and Mr Sousa had taken legal advice and neither was in breach of the governing legislation.

Both MPs “declined repeated invitations to appear before the committee”, according to Mr Brown and Ms Wilson. Two other MPs, Sylvan Richards and Zane DeSilva, also declined to attend.

“This was unfortunate and does not bode well for the effective operation of committees going forward,” states their minority report. “If parliamentarians refuse to participate in a committee itself established by the Legislature, it may well have unintended consequences for the public at large.”

The full committee, chaired by Mr Brown, included Ms Wilson and OBA MPs Glen Smith, Susan Jackson and Jeanne Atherden.

Neither Mr Richards or Mr Sousa responded to e-mailed requests for comment yesterday. An OBA spokesman declined to comment.