team put to the Government and Opposition during talks at Government House last week. The first draft was presented on Monday. The second draft, on Wednesday, as the basis for the "two-step process'' announced on Thursday.

Changes between the drafts are shown in bold face in the second draft.

DRAFT ONE The Ombudsman 93A.

(1) There shall be an Ombudsman for Bermuda.

(2) The Governor, acting after consultation with the Premier who shall first have consulted the Opposition Leader, shall, by instrument under the Public Seal, appoint the Ombudsman.

(3) No person shall be qualified to be appointed as Ombudsman if he is or has been within the preceding three years : (a) a Senator, or a member of the House of Assembly; or (b) the holder of any office in any political party.

(4) The office of Ombudsman shall become vacant: (a) at the expiration of the period specified in the instrument by which he was appointed; (b) if he resigns his office by writing under his hand addressed to the Governor; (c) if he becomes a Senator or a member of the House of Assembly or the holder of any office in any political party; or (d) if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, or for contravention of subsection (5) of this section.

(5) Subject to such exceptions as the Governor, acting in his discretion, may authorise by directions in writing, the Ombudsman shall not hold any other office of emolument either in the public service or otherwise, nor engage in any occupation for reward other than the duties of his office. Functions of the Ombudsman 93B.

(1) The Ombudsman shall have such functions and jurisdiction as may be prescribed by law.

(2) In the exercise of his functions, the Ombudsman shall not be subject to the direction or control of any other person or authority. (3) The Ombudsman shall have no jurisdiction to inquire into any question relating to the exercise of any function by the Governor or the Deputy Governor which under this Constitution shall not be inquired into by any court.

CONSTITUENCIES 1. An Order in Council would enable the Constituency Boundaries Commission to recommend to the Governor the number and boundaries of single-member constituencies into which Bermuda should be divided. In substance it might read as follows: (1) A Constituency Boundaries Commission first appointed after the date of commencement of this Order in accordance with section 53 of the Constitution shall, as soon as practicable after its appointment, prepare and submit to the Governor a report recommending the number, being an odd number no fewer than twenty nor greater than forty, and boundaries of constituencies into which Bermuda should be divided with a view to each such constituency returning one member of the House of Assembly.

(2) In preparing its report under the foregoing subsection the Commission -- (a) may ignore the boundaries of parishes; (b) shall take no account of the racial distribution of electors within Bermuda; The first draft (c) shall take account of geographical features and natural boundaries within Bermuda; and (d) subject to the foregoing provisions of this subsection, ensure that the constituencies shall contain, so far as is reasonably practicable, equal numbers of persons qualified to be registered as electors under section 55 of the Constitution.

(3) The Governor shall forthwith transmit to the Secretary of a State a report submitted to him by the Commission under subsection (1) of this section, together with the views of the House of Assembly on that report.

2. HMG would then consider with Bermuda a second Order in Council to give effect to the Constituency Boundaries Commission's report. This Order would -- authorise the Governor to make an order to establish the new constituencies and their boundaries; amend section 28 of the Constitution to substitute the new number of members of the House of Assembly for the present number of forty; amend section 52 of the Constitution to prescribe the new number of constituencies and provide for each constituency to return one member to the House of Assembly; enable the Constituency Boundaries Commission to review in future the number and boundaries of constituencies and to make recommendations thereon (further changes to the number of constituencies, and thus of members of the House, would require further constitutional amendment); adjust, if necessary or desirable, adjust the size of the Cabinet and the maximum number of Ministers and Junior Ministers, and the size of the Senate, in the light of the revised number of members of the House.

AMENDMENT OF REFERENCES TO PARLIAMENTARY SECRETARY 1. Sections 42, 63, 64, 67, 68 and 103 of, and the Schedule to, the Constitution shall be amended by substituting the words "Junior Minister'' for the words "Parliamentary Secretary'' wherever they occur.

AMENDMENT OF REFERENCES TO AUDITOR 2. Sections 82, 88, 93, 100, 101, 104 and 105 of the Constitution shall be amended by substituting the words "Auditor General'' for the word "Auditor'' wherever it occurs.

AMENDMENT OF REFERENCES TO BRITISH SUBJECT 3. Section 29(a) and 55(1)(a) of the Constitution shall be amended by substituting the words "Commonwealth citizen (within the meaning of the British Nationality Act 1981)'' for the words "British subject'', HUMAN RIGHTS: HOUSEKEEPING POINTS 1. Section 2(1) of the Constitution shall be amended by deleting the words "save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted''.

2. Section 3 of the Constitution shall be amended by deleting subsection (2).

3. Section 22 of the Constitution shall be amended by deleting subsection (3).

April 2, 2001 DRAFT TWO The Ombudsman 93A.

(1) There shall be an Ombudsman for Bermuda.

(2) The Governor, acting after consultation with the Premier who shall first have consulted the Opposition Leader, shall , by instrument under the Public Seal, appoint the Ombudsman.

(3) No person shall be qualified to be appointed as Ombudsman if he is or has been within the preceding five years : (a) a Senator or a member of, or a candidate for election to the House of Assembly; or (b) the holder of any office in any political party.

(4) The office of Ombudsman shall become vacant: (a) at the expiration of the period specified in the instrument by which he was appointed; (b) if he resigns his office by writing under his hand addressed to the Governor; (c) if he becomes a Senator or a member of, or a candidate for election to , the House of Assembly or the holder of any office in any political party; or (d) if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, or for contravention of subsection (5) of this section.

(5) Subject to such exceptions as the Governor, acting in his discretion, may authorise by directions in writing, the Ombudsman shall not hold any other office of emolument either in the public service or otherwise, nor engage in any occupation for reward other than the duties of his office.

(6) Section 103(1)(b) of this Constitution shall have effect as if a reference to the Ombudsman were inserted after the reference to a judge of the Supreme Court or the Court of Appeal; and section 93(2)(a) of this Constitution shall have effect as if a reference to the Ombudsman were inserted after the reference to a judge of the Court of Appeal.

Functions of the Ombudsman 93B.

(1) The Ombudsman shall have such functions and jurisdiction as may be prescribed by law.

(2) In the exercise of his functions and jurisdiction , the Ombudsman shall not be subject to the direction or control of any other person or authority.

(3) The Ombudsman shall have no jurisdiction to inquire into any question relating to the exercise of any function by the Governor or the Deputy Governor which under this Constitution shall not be inquired into by any court.

(4) The Ombudsman shall have access to such documents as he considers necessary for the performance of his functions and jurisdiction.

(5) The Ombudsman shall submit reports on the exercise of his functions and jurisdiction to the Speaker of the House of Assembly who shall cause them to be laid before the House; and the Ombudsman shall send a copy of each report to the Governor and to the President of the Senate and the President shall cause the copy sent to him to be laid before the Senate.

CONSTITUENCIES 1. An Order in Council would enable the Constituency Boundaries Commission to The second draft recommend to the Governor the number and boundaries of single-member constituencies into which Bermuda should be divided. In substance it might read as follows: (1) A Constituency Boundaries Commission first appointed after the date of commencement of this Order in accordance with section 53 of the Constitution shall, as soon as practicable after its appointment, prepare and submit to the Governor a report recommending the number, being an odd number no fewer than twenty nor greater than forty, and boundaries of constituencies into which Bermuda should be divided with a view to each such constituency returning one member of the House of Assembly.

(2) In preparing its report under the foregoing subsection the Commission shall ensure that the constituencies shall contain, so far as is reasonably practicable, equal numbers of persons qualified to be registered as electors under section 55 of the Constitution; and in doing so the Commission -- (a) shall take no account of the racial distribution of electors within Bermuda; (b) shall take account of geographical features and natural boundaries within Bermuda; (c) may ignore the boundaries of parishes; and (d) shall ensure, so far as is reasonably practicable, that each constituency is a contiguous unit.

(3) The Commission may invite views from members of the public, and may seek such advice as it considers appropriate.

(4) The Governor shall forthwith transmit to the Secretary of a State a report submitted to him by the Commission under subsection(1)of this section, with the views of the House of Assembly on that report including any motion approved by the House.

2. HMG would then consider expeditiously with Bermuda a second Order in Council to give effect to the Constituency Boundaries Commission's report.

This Order would -- authorise the Governor to make an order to establish the new constituencies and their boundaries; amend section 28 of the Constitution to substitute the new number of members of the House of Assembly for the present number of forty; amend section 52 of the Constitution to prescribe the new number of constituencies and provide for each constituency to return one member to the House of Assembly; enable the Constituency Boundaries Commission to review in future the number and boundaries of constituencies and to make recommendations thereon (further changes to the number of constituencies, and thus of members of the House, would require further constitutional amendment); if change is considered necessary or desirable, adjust the size of the Cabinet and the maximum number of Ministers and Junior Ministers, and the size of the Senate, in the light of the revised number of members of the House.

AMENDMENT OF REFERENCES TO PARLIAMENTARY SECRETARY 1. Sections 42, 63, 64, 67, 68 and 103 of, and the Schedule to, the Constitution shall be amended by substituting the words "Junior Minister'' for the words "Parliamentary Secretary'' wherever they occur.

AMENDMENT OF REFERENCES TO AUDITOR 2. Sections 82, 88, 93, 100, 101, 104 and 105 of the Constitution shall be amended by substituting the words "Auditor General'' for the word "Auditor'' wherever it occurs.

AMENDMENT OF REFERENCES TO BRITISH SUBJECT 3. Section 29(a) of the Constitution shall be amended by substituting the words "Commonwealth citizen (within the meaning of the British Nationality Act 1981)'' for the words "British subject''; 4. Section 55(1)(a) of the Constitution shall be replaced by the following: "is a Commonwealth citizen (within the meaning of the British Nationality Act 1981) who has attained the age of eighteen years''.

HUMAN RIGHTS: HOUSEKEEPING POINTS 1. Section 2(1) of the Constitution shall be amended by deleting the words "save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted''.

2. Section 3 of the Constitution shall be amended by deleting subsection (2).

3. Section 22 of the Constitution shall be amended by deleting subsection (3).

April 4, 2001