Govt. anti-crime bill just avoids Senate rejection
after the Opposition threw in a last-minute hurdle to ensure confiscated drug cash went into a special fund to fight the scourge.
Sen. Terry Lister (PLP) introduced his amendment to the bill midway through the debate after hearing that drug monies forfeited under it would go into the Consolidated Fund.
There was no saying how the cash would be spent if it went into Government coffers, he argued.
His roughly drafted amendment was supported by the Opposition and both Senate President the Hon. Albert Jackson and Independent Sen. Alf Oughton. But Sen.
Norma Astwood (Ind.) disagreed with it saying the international significance and overall good of the bill warranted immediate passage.
Arguing over technical aspects was "a waste of time,'' she said.
Her "no'' vote was the equaliser needed for passage of the bill (5-5). Any vote ending in a tie is considered lost under Senate rules. The bill would have been sent back to the House of Assembly if the amendment was successful .
In supporting it, Sen. Oughton said it would cause Government to give a public undertaking to allocate "every penny of confiscated drug money to the war on drugs -- in addition to its regular spending in the area.'' Sen. Jackson said he believed there was provision in the Constitution for setting up a special Government bank account for a specific use.
Sen. Milton Scott (PLP) said if the public knew that forfeited drug money would go towards helping eradicate drugs in the community it might be an incentive for them to co-operate with the Police.
He added he had been told that funding requests from community anti-drugs groups such as SAD and ORSHAD were being turned down by Government.
It was a "good, solid bill'' but he felt a special account ought to be set up for forfeited drug monies so it was not lost in the Consolidated Fund.
But Government Senators, including Sen. Lawrence Scott , felt the amendment was a financial matter, therefore, inappropriate for the Senate to deal with.
Government Leader Sen. Gerald Simons said Government "would certainly give an assurance to make public any receipts of funds confiscated in forfeiture orders'' and that the money would be used to fight the drugs war.
"But, I do not wish to tie the hands of the Minister of Finance in how he can spend the country's money.'' What if there was a recession and some of say $10-$20 million in forfeited drug money was needed for other worthwhile social programmes? he asked.
"I'm very uncomfortable with the amendment,'' he said.
Sen. Yvette Swan (UBP) noted the UK bill also called for forfeited money to be paid into that country's consolidated fund.
The Criminal Justice (International Co-Operation) (Bermuda) Bill 1994 is aimed at involving the Island in an international effort against the drugs scourge and allowing Bermuda to be covered by the Vienna Convention against illicit drug trafficking.
Sen. Swan in introducing the bill explained it set out procedures for Bermuda to co-operate with other nations in criminal matters of any kind and the carrying out of several other crime-tackling measures including "voluntary'' testimony by locals in overseas trials.
It also provided for the enforcement here and abroad of drug money "forfeiture orders'' and says the US will share the proceeds with those countries assisting in carrying out those orders provided the country uses the money to reduce the supply of and demand for drugs.
Sen. Swan said the bill was "only one of the steps'' Bermuda had been asked to take in joining other countries in fighting international crime.
Sen. Lister also supported it but wanted guarantees white collar criminals would be treated the same as drug offenders. "I believe people in this country hurt every time we see the courts dealing with white collar crime ... It's not some little game,'' he said.
He was also concerned it was not clear enough which officers, prison, police or customs -- or all three, were to accompany prisoners being transferred overseas to testify.
Sen. Neletha Butterfield (PLP) said her only concern was "unlimited'' fines for drug offenders.
But Sen. Scott said prison terms were specified and fine left open because of the amounts of money involved in the trade. Some may be facing punishment for importing while others may be part of multi-million-dollar drug rings and even a "maximum'' fine would not do justice.
He added Bermuda "must be careful in protecting its sovereignty'' given the "zeal of the United States'' in fighting drugs.
Sen. Terry Lister (PLP) Sen. Norma Astwood (Ind.)