Constitution row reaches Senate
over plans to change the Constitution and urged the United Bermuda Party to stop using "bogey man'' tactics.
Senators spent yesterday discussing a "take note'' motion on the reforms, but had no authority to vote on the matter.
It follows a 24-hour debate in the House of Assembly overnight on Friday when MPs agreed to ask the Governor to set up a Boundaries Commission to slash the number of MPs and introduce single seat constituencies.
But Opposition Senate Leader Maxwell Burgess said his party would continue to press Britain to live up to its "moral responsibility'' to protect the rights of Bermudians by holding a constitutional conference.
Senate debates Constitution Senate Leader Milton Scott said: "The people of Bermuda fully understand the motion and by and large they agree with it.'' He gave a history of the PLP's stance on the constitution and its reform, and said that the "bogey man tactics'' that were in use in 1968 were still being used today.
He said Bermuda's dual seat constituencies had done a disservice to the Island and the UK Government had started encouraging overseas dependent territories to reform their Constitutions and gain Independence.
"We will eventually grow up and realise that Independence is inevitable. The process has just started and will continue.'' Sen. Walwyn Hughes (Ind) said he was pleased with the chance to discuss the issue and said the new Constitution should be a dynamic document, and should never be set in stone.
But he added: "It seems to be the process rather than the product which has caused the anxiety.
"It seems back to front. I am disappointed that the number (of MPs) has not been agreed through some form of consultative conference.
"It doesn't need to be a constitutional conference, it could be a joint select committee, then the Boundaries Commission could go out. '' Referring to the failure of the British Government to include the Overseas Territories Bill to give full citizenship in the Queen's Speech yesterday, Opposition Senate Leader Maxwell Burgess said: "The British government continues to renege on its plans for citizenship.
"If they are not giving citizenship they have to take responsibility for their colonies. The British Government has a moral responsibility to ensure constitutional change is carried out in a fashion for which the Bermudian people have become accustomed and /or to satisfy itself that any other route is just and fair and equitable.
"We call in a crystal clear way for a Constitutional conference followed by a referendum on the reforms.'' Dismissing PLP claims that people who voted for them were automatically backing the tactics taken by the Government, he added: "People who voted on November 9 could expect if major constitutional change took place, it would took place as it always did -- through a constitutional conference.'' The UBP agreed in principle with what was trying to be accomplished through fairer seats, but insisted there was a need for more consultation.
Sen. Michael Scott (PLP) said: "The test is that there has been constitutional change undertaken in the Country after there has been adequate, proper public discussion and consultation.'' He said demonstrable consultation was "discussion and consultation that has been demonstrated to have taken place''.
He claimed the UBP was continuing to hang on to the "awful rotten borough system''.
Sen. Kim Swan (UBP) said this was untrue: the Opposition wanted a fair and equitable system.
Sen. Scott said: "A constitutional conference will lock us into a consultative process and there's no telling the result except that it may delay the process. The Country has been saturated in public discussions in recent months. How much do we want? Do we want to be saturated or for it to be adequate? "I think the test has to be on whether there has been an overwhelming call for a constitutional conference.
"If there had, then the Government would be responding in a different way.
This call is coming from the UBP's core supporters. It's bellyaching! That's what it amounts to.'' Sen. Scott emphasised that the British Government had "instructed'' the Progressive Labour Party Government to show there had been "adequate, demonstrable public debate and consultation'' which he said had been done.
He added: "They're asking us a great deal to go against them (the British).'' He said United Bermuda Party calls for a constitutional conference and a following referendum on the issue of single seat constituencies and reduced size of Parliament was "outside'' the British "instructions''.
"We're following the (Foreign and Commonwealth Office's) instructions in that we've seen there to be adequate and demonstrable public participation,'' he said. "I submit that we've thoroughly achieved that mandate.'' Sen. Patrice Parris (PLP) defended the process her party had gone through and suggested it was no surprise that Government would bring the motion, considering its long held call for "one man one vote and each vote of equal value''.
"This is the time where we correct the inequality and inequity that exists in the electoral system,'' Sen. Parris said. "I'm not completely convinced that the Opposition is complaining about the process and not the issue of power.
Let me remind this chamber and the public that they are in the minority.'' Sen. Calvin Smith (PLP) cited the property vote, the plus vote, the right to vote in multiple districts, the increase in the voting age for one term in the 1960s, extension of the right to vote to British subjects, "and all sorts of other things'' as examples of efforts by English colonists to maintain control over Bermuda.
"This (one man, one vote in Bermuda) is about the black vote in Bermuda.
People of a lighter complexion will have a reduced ability to elect a white Parliamentarian. I'm sure the shock of 1998 was the first time when Bermuda was governed independent of Front Street.
"White Bermuda lost a big hunk of its power. What we're seeing is a reaction to that loss of power. This is black votes will have the same power as these white votes. Yeah! "But with this, we will see a movement from race to the issues. One of the nice things that will happen is if we could move away from our past is that whites have a problem and if they can make the adjustment, we could become one of the interesting places of the world.
"For the first time in Bermuda's history we have the opportunity to get rid of the evil of racism. The evil of (a) racist (who) says that this place would be better run if people of my kind were running it.'' "Dictatorship? What we might get is strong leadership,'' he concluded.
"Strong leadership from a person who will be able to persuade people to get things done.'' Sen. Kim Swan (UBP) reminded Senators of the comments of representatives from St. Lucia and Zimbabwe at a Commonwealth Parliamentary Association "post election'' seminar held last year at the Stonington Hotel.
Speaker of the St. Lucia Parliament Matthew Roberts spoke about the difficulty small jurisdictions face when they have reduced legislatures.
And a Dr. Cressida from Zimbabwe talked of how as a member of that country's first majority rule Government which had all seats in parliament save two, many backbenchers acted as the Opposition.
"He showed how constitutional reforms had had such a negative effect on the country,'' Sen. Swan explained. "Constitutional reform needs to be explored as widely as possible and if a Government were to do this it would be better to err on the side of the consultative process rather than (saying) `I've got it right'.'' "This Government has a glorious opportunity to further enlighten the population and the future on these reforms,'' he said.
Independent Sen. Jeannette Cannonier suggested that had the motion been tabled three years ago, before the two parties switched sides, the same arguments would have been put made.
"I just think we need to get on with it,'' she said. "I certainly agree that a smaller sized parliament would be more effective. Certainly if they had had 20 Members of Parliament they wouldn't have had that marathon session on Friday night.
"The opinion of most Bermudians was that nothing was accomplished. At that time most of them were asleep. The PLP have been following their platform.'' Sen. David Burch (PLP) said critics who said the Government had no integrity were racist.
He said he was sick of hearing that the Government was up to no good.
"I think it's racism, that's exactly what it is, if they can't find a tangible reason, it's racism.'' Sen. Burgess interjected: "Are you calling me a racist?'' Sen. Burch said he wasn't but he had other people in mind.
He said the plan to abolish twin-member seats had been on the PLP's agenda since 1963.
And he hit back at Opposition claims that asking the Boundaries Commission to decide the number of seats was unheard of.
He quoted from a website which stated the British Boundaries Commission looked at the size and number of constituencies.
New boundaries would remove the gerrymandering and make the electoral districts more logical, said Sen. Burch.
Stressing the inequities and illogicalities of the present system Sen. Burch said: "The best example is St. George's North where MPs have to travel through Hamilton Parish and Smith's to represent their constituents (in Tucker's Town).'' He said the former UBP Government had pushed through Constitutional change without a Constitutional conference in 1972 when they proposed setting up a Governor's Council and name changes such as Government leader being called Premier instead.
Sen. Burch dismissed fears that one party could be reduced to a tiny rump under the new system.
"If in future there is just one UBP MP or one PLP then so be it. That's democracy.'' "I don't care what 46 percent of the electorate think, I know what we are doing is correct, I care what the 54 percent of the electorate think.'' United Bermuda Party Sen. Mark Pettingill said he took the Premier at her word when she said she wouldn't use her power to interfere with the decisions of the Boundaries Commission.
But he said it was a power no Premier should have.
He said: "She recognises it for what it is. Then let's draw a line through it. It's nothing to do with being black, white, yellow or red. It's nothing to do with colour.'' Senate President Alf Oughton said although the British Boundaries Commission did have the power to change the number of MPs it wasn't allowed to substantially reduce numbers.