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Dr. Brown fails to disclose pension managers' receipts

THE unspecified amounts that Transport Minister Dr. Ewart Brown received from Bermuda's pension fund managers or prospective managers at lunches in Washington, Atlanta and Dallas in 2002 were not disclosed in the Parliamentary Members' Register of Interests, as the rules require.

Part 7 of the Registration Form for the "Bermuda Legislature Register of Interests" covers overseas benefits and gifts, and it asks: "Have you or your spouse, to your knowledge, received any gift of a value greater than $500, or any material advantage of value greater than 0.5 per cent of the current parliamentary salary from or on behalf of any foreign government, organisation or person, which in any way relates to your Membership of the Legislature. YES/NO If yes, please give details."

The preamble to the form states that "the main purpose of the Register of Members' Interests is to provide information of any pecuniary interest or other material benefit which a Member receives which might reasonably thought by others to influence his or her actions, speeches or votes in Parliament, or actions taken in his or her capacity as a Member".

However, this week a reporter found no evidence of the amounts received by Dr. Brown during his US visit having been declared subsequent to what Dr. Brown described as a fund-raising trip.

The Register of Interests, a black binder containing Registration Forms completed by MPs and Senators, and filed in alphabetical order, is maintained under the supervision of the Clerk to the House of Assembly. It contained only one form completed by "Ewart Frederick Brown", but that was dated December 8, 2000.

Dr. Brown could be said to have received a "pecuniary interest or other benefit " at a lunch at Sam and Harry's restaurant in Washington, DC on March 11, 2002, when the paying guests, Bermuda pension fund managers and other money managers, were asked for a contribution of $2,500, "Checks to be made payable to: Dr. Ewart Brown (PLP)."

It is understood that Dr. Brown collected some $30,000 in Washington, but it is not known how much he collected from the events in Atlanta and Dallas.

Shadow Attorney General Trevor Moniz said he was not surprised that Dr. Brown had not reported overseas benefits received in 2002, but that there was no legal penalty for Dr. Brown having failed to do so.

"The Register is not a creature of the law; it's a creature of the rules of the House of Assembly. We had a new rule created," advised Mr. Moniz, "and although I asked that it have more teeth, my request was politely declined.

"Needless to say, when the UBP was in power, there wasn't much enthusiasm for more teeth then either, and I was sent to Coventry as a result. When the PLP came in, they rather lost enthusiasm for the Register.

"Now the UBP is a little bit enthusiastic, as long as it's not looking into people's wealth. As a result, it's become bogged down a bit, so I proposed that the new Ombudsman should have general oversight of the Register of Interests.

"We modelled our Register on the former UK system, but they have moved on and created a Parliamentary Ombudsman, who has oversight of the UK register, but that suggestion was also politely declined by the powers that be, including the Governor, Foreign Office, and Government.

"The trouble with the Register being a creation of the House, and therefore having no teeth, is that the most I could do is hold a meeting of the committee, write a report and table it in the House saying that a certain member had not reported certain benefits.

"The press already has the power to examine the Register and report those facts, and public condemnation is more powerful than any report to the House."