1. One of the more significant and important changes to the mandate of the Boundaries Commission under the Bermuda Constitution (Amendment) Order 2001 was the requirement to invite views from members of the public: See Section 2(4). This had not been the case with previous Commissions.

2. This Commission by majority vote decided to confine that right to written and/or oral submissions, the latter to be received at a series of public meetings.

3. In my view, public participation would have been stimulated, encouraged and enhanced by

(i) also affording people the opportunity to make oral representations by appointment, and

(ii) by making those presentation to the Commission open to any members of the public or the press who wished to attend. Indeed, I would have gone even further than that and made public in the same manner those submissions which the Commission sought and obtained from the various Government Ministries as well as from advisers, Professor Ron Johnston and Mr. Fred Hejazi.

4. It is my belief that by opening up the process in this way, the general public would have had a greater understanding of, and appreciation for, the work of the Commission, its challenges and its difficulties.

5. Further, it is my belief that this would have stimulated broader debate within the community and led to more participation than that which the Commission chose to allow.

6. As it was, members of the general public found themselves limited in what they could make by way of representations. Invariably - although helpfully - their comments tended to focus on numbers only, that is the number of Members of Parliament which they believed Bermuda should have in order for there to be effective government.

7. There were few, if any, representations on the actual positioning of constituencies and the placement of boundary lines.

8. Once the Commission agreed upon a number, the Commission then focused on the drawing of a map which it thought fairly presented 36 constituencies of equal size in so far as was reasonably practicable: the means and method as to how that map was drawn is set out in the body of the report at paragraphs 62 through to 69.

9. I felt able to agree to the delineation of the boundaries of 36 constituencies on the basis that this was the best map the Commission could produce to achieve equality of numbers on the basis of the information and with the resources which it had to hand.

10. The general public, however, have not had the opportunity to review and comment on the boundaries as they are shown and fixed on the agreed map of 36 constituencies.

11. While it is expected that there will be an opportunity for review and comment within the community on the report and its recommendations prior to debate in the House of Assembly, it appears that any changes recommended by members of the public cannot be taken into account. This Commission comes to an end when it submits its report to His Excellency the Governor. The next Boundaries Commission cannot be appointed until three years after the delivery of this report: Section 53(1)(b) of the Bermuda Constitution Order.

12. Members of the public should have had the opportunity to review and comment on the map of 36 constituencies and recommend any changes which they think would improve the positioning of constituencies and placement of boundary lines. This would, in my view, be consistent with both the spirit and the letter of s.2(2) of the Bermuda Constitution (Amendment) Order 2001. It is also consistent with the practice in other modern, democratic jurisdictions where districts are re-drawn: 'Fixing the Boundaries: Defining and Redefining Single-Member Electoral Districts' (ed: Ian McLean and David Butler) Dartmouth 1996. Moreover, and in any event, the argument in favour is strengthened where the electoral landscape is being completely re-drawn - as is the case here - in moving from 20 dual-seat constituencies to 36 single-seat constituencies. The adoption of such an approach was also within the powers afforded the Commission under the Bermuda Constitution Order 1968 as amended: Section 53(6) and (8). That opportunity must now be provided by some other means.

13. There were a number of other matters which the public invited the Commission to consider and which the Commission decided was outside its constitutionally-prescribed remit. They are identified in the body of the main report. One of those matters was the appointment of an independent Speaker of the House of Assembly.

14. The undersigned subscribes to the view that such a recommendation is entirely within its remit - for the reasons set out in paragraphs 37 and 38 of the main report. If each vote is to be of equal value through its representation in the House of Assembly, no constituency should be deprived of a voice in Parliament when its member is chosen to fulfill the independent role of Speaker. Accordingly, and in view of the majority view of the Commission on this issue, provision for the appointment of an independent Speaker is hereby recommended for consideration.

15. Finally, the need for a re-registration of voters following the adoption of 36 single-seat constituencies is also recommended for consideration.

16. While the proposed new constituencies were drawn taking into account the total number of eligible voters (as of May 20, 2002), those voters were identified by their street addresses. The parliamentary register uses as its primary identifier land valuation numbers. With the adoption of single seats, the Parliamentary Registrar is required only to "adapt the parliamentary register to the alterations to the boundaries": Section 26 of the Parliamentary Election Act 1976 as amended. This will likely prove both challenging and difficult for the Parliamentary Registrar using the current parliamentary list in which voters are primarily identified by land valuation numbers and not street addresses. Accordingly, a proposed period of re-registration will serve two useful and important purposes: it will not only make the job of the Parliamentary Registrar easier in placing registered voters in their correct constituencies, but it will also enable voters to become familiar with their new constituencies.

All of which is respectfully submitted

John Barritt, JP, MP