Log In

Reset Password
BERMUDA | RSS PODCAST

Move to change law on dual citizens fails

Bermuda Constitution prompted a heated debate in the House of Assembly late Wednesday night.Renee Webb (PLP) said the clause which -- bars born Bermudians holding dual citizenship from serving in Parliament -- was discriminatory.

Bermuda Constitution prompted a heated debate in the House of Assembly late Wednesday night.

Renee Webb (PLP) said the clause which -- bars born Bermudians holding dual citizenship from serving in Parliament -- was discriminatory.

Her motion urged the House of Assembly to send a protest to the British Parliament -- which must approve any changes to the Constitution.

She said the clause contradicted international law, especially the International Declaration of Human Rights, the International Convention on Civil and Political Rights and the European Convention on the protection of Human Rights and Fundamental Freedoms.

All the international conventions basically declare that a person has the right to serve their Country without discrimination -- including birth.

And she pointed out the European Commission could address the matter after "all domestic discourse is exhausted''.

Ms Webb also argued that the British did not have a discriminatory clause, like the one in question, preventing people from serving in the UK Parliament.

Noting Bermuda's colonial status, Ms Webb requested a message regarding the matter be sent to Britain where it could be debated by British Parliament.

"Regardless if this motion is won or defeated it will go to the next level, the British Parliament,'' she said.

The matter came to the forefront after it was revealed that Shadow Human Affairs Minister Dr. Ewart Brown had pledged allegiance to the United States of American.

Home Affairs Minister Quinton Edness said the Constitution could not be changed to suit the needs of one person and thus would not support the motion.

"I'm not going to the people of Bermuda and say that just because someone makes a motion something can be stricken from the Constitution,'' he said.

"We all know that we would not be here debating it if it were not for Dr.

Brown.'' Mr. Edness claimed the PLP motion amounted to an admission by the Opposition that Dr. Brown was sitting in the House "illegally''.

He also pointed out that several other Caribbean countries, had the same clause in their Constitutions.

And he suggested that Dr. Brown renounce his US citizenship to avoid any controversy.

Mr. Edness said Ms Webb's motion was an admission that a member of the PLP was sitting in the House of Assembly in contravention of the Constitution.

Shadow Community Affairs Minister Paula Cox warned that Bermuda needed to be mindful of the international arena and changes that were taking place.

She said an amendment to the Constitution was not necessarily the only route Bermuda needed to take in order to resolve the matter.

Instead the Constitution needed to be developed to meet changes in the international community and the motion provided this opportunity.

"Our view is based on the assumption of a more dynamic and evolutionary Constitution ... going where we have not gone before.'' Ann Cartwright DeCouto (UBP) said the PLP MPs contradicted each other.

First Ms Webb had called for an amendment to the Constitution, and then Ms Cox had said the House needed to send a message of disapproval, not amend it.

Mrs. Cartwright DeCouto said she did not disapprove of the clause under question.

And she noted that if Dr. Brown won his seat in the next election then he would be challenged on the matter again and it would go to the courts.

She added that people elected to a seat in the House of Assembly should renounce any extra passports they had beside their Bermudian ones.

"I think the people of this Country would feel very confident to know that when people are elected to this House, their loyalty is totally undivided.'' Dr. Brown said the matter was another case of non-Bermudians getting the privileges of born Bermudians.

He pointed out that he had sworn his oath of allegiance to the US before becoming an MP where he also swore an oath to the Queen.

"What is the worth of the Constitution if my swearing an oath of allegiance in this House means nothing?'' This latest allegiance should take precedence over any other oaths taken, he claimed.

Lois Browne-Evans (PLP) claimed Government MPs were basing the debate around Dr. Brown's case in order to benefit themselves.

The motion was based on principle and it was not fair to cheapen it in this way, she claimed.

The Constitution was imperfect and had long needed change. But she said it would only be when the Island went independent that it would get a Constitution that could be changed.

John Barritt (UBP) accused the Opposition of flip-flopping.

He noted that when Dr. Brown's case was originally debated in Parliament, the PLP said there was no violation of the Constitution.

If there was no violation, he continued, then there could be no support for the claim that the clause was discriminatory and therefore no reason to change the Constitution.

He also noted that when the Opposition had discussed Independence in the past, they had said people would need to give up the other passports they held besides those that were Bermudian.

This was never challenged by the PLP before, he pointed out.

Responding to Mr. Barritt's comments, Shadow Tourism Minister David Allen said the PLP changed its position on citizenship because it was an evolving party.

"We don't have our feet stuck in concrete,'' he said.

UBP backbencher Michael Dunkley expressed his sympathy for Dr. Brown and anyone else who found themselves in a similar predicament.

And he revealed that at the age of 21, after enjoying dual citizenship, he renounced his US passport and retained his Bermudian one.

Australian born UBP backbencher Kim Young also said she made a conscious choice to become a Bermudian.

And she told Dr. Brown that he had a choice to make -- the US or Bermuda.

Ms Webb expressed her disappointment that MPs had failed to "do the right thing'' and stick to the issue of human rights.

"This debate has denigrated to a Dr. Brown issue,'' she said. "Paula Cox showed how this debate should have been conducted ...They took it down into the gutter.'' And she claimed the evening's debate would not endear the UBP to the "black vote'' and that the Government squandered an opportunity to win that portion of the population.

Ms Webb insisted that the matter will go on to the British Parliament where it "will'' be debated.

The motion was defeated by a vote of 20 to 18.

Dr. Ewart Brown