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ERROR RG P4 27.1.1994

into the fishing industry led to a ban on the use of fishpots in 1990. The commission of inquiry took place after the ban.

A referendum on Independence could be held as early as August, The Royal Gazette has learned.

And a Commission of Inquiry to examine the pros and cons of Independence could be up and running soon after the House of Assembly resumes on February 4, sources said.

Premier the Hon. Sir John Swan quelled most dissension over a referendum at Thursday's caucus meeting. But several United Bermuda Party caucus members were off the Island, and he could face fresh opposition when the issue is canvassed again next Thursday.

Tourism Minister the Hon. C.V. (Jim) Woolridge, who returned to the Island late last night, could lead opposition to the route favoured by the Premier.

One Cabinet Minister, Delegated Affairs Minister the Hon. Ann Cartwright DeCouto, has already resigned over the issue.

If a Commission of Inquiry on Independence was held, it would be conducted in public and wide input would be sought, Sir John said yesterday.

He would not be drawn on when a referendum would be held, but August is considered the earliest possible date that would still allow voting by students who attend school abroad.

Before the vote was held, legislation to allow it would have to clear the House and Senate. An August referendum could still allow a Commission of Inquiry to complete its work and communicate its findings to Bermudians. Under the Commission of Inquiry Act 1935, the Governor may appoint a Commission to look "into any matter in which an inquiry would...be for the public welfare.'' Cabinet papers on Independence have been prepared in the past. But the Commission route is seen as more open and free from Government control.

Commissioners appointed under the Act have some Supreme Court powers. They can summon witnesses and question them under oath and call for the production of books, plans and documents. Like judges, Commissioners are protected from lawsuits for actions they take while conducting the Inquiry.

The most recent Commission of Inquiry in Bermuda reported in 1991. The Commission of Inquiry to Examine and Make Recommendations for the Fishing Industry led to Government's controversial fish pot ban.

In 1951, the Commission of Inquiry into the Growth of Population and Illegitimacy reported to the House of Assembly.

It recommended expanded birth control, sex education in schools, film censorship, improved housing aid for the poor, expanded recreational facilities, and possible compulsory sterilisation for men or women with large numbers of illegitimate children.

The only previous referendum in Bermuda was on capital punishment in 1990.

Less than one-third of eligible voters participated. Of those who cast ballots, 78.4 percent favoured retention of the death penalty.

The referendum cost Government $50,000.