Senate passed the Independence Referendum Act 1995 to provide for the vote.

The bill, which scraped through the House of Assembly last month, passed unanimously, although Opposition MPs had earlier spoken against it.

Kicking off the debate, Government Senate Leader the Hon. Gerald Simons said the matter had been under discussion "for well over a year now'', and in July Premier the Hon. Sir John Swan had told the House of Assembly that Government planned a Green Paper followed by a referendum.

Independence was an important issue that could not be acted on lightly, Sen.

Simons said. The United Bermuda Party believed Bermudians should decide the issue.

A referendum represented "the most direct form of democracy''.

Bermuda had an educated populace and excellent communications. It was "appropriate and proper'' that Bermudians be asked their views on such an important constitutional change.

Referenda were not used often in Bermuda and other countries with Westminster-style democracies, but they were used occasionally for important issues, he said.

And they were commonly used in countries like Switzerland and the United States.

Sen. Simons said he had been trying to understand the merits of the Progressive Labour Party's position that Independence should be decided in a general election.

But what would happen if both the UBP and the PLP came out in favour of Independence? "The voter then would have no choice in the matter at all,'' he said.

"They would simply have a choice between Brand A and Brand B.'' The date of the referendum would be determined by the Premier, but it would have to be held before the end of the year. As well as a majority of votes cast, 40 percent of eligible voters would have to cast ballots in favour of Independence for the question to be answered yes.

Voting would take place in constituencies, but ballots would be pooled before they were counted. It was "a national issue and the decision is a national decision''.

The expense of the referendum would not be "inordinate'', he said. It would be less than $100,000.

Sen. Simons said Government would be releasing position papers on key issues like citizenship prior to the referendum. There would also be public meetings and media discussions, and a compendium of documents related to Independence would be released prior to the vote.

While a no vote would end the debate, a yes vote would lead to constitutional talks, Sen. Simons said.

Senate Opposition Leader Sen. Milton Scott , saying there was a lot of confusion surrounding the issue of Independence, proposed that Sen. Simons' motion that the Independence Referendum Act 1995 be given second reading be considered "six months hence'', a move which would effectively kill the bill.

Government could not support that, Sen. Simons said. The issue had been under discusssion for more than a year and people were "more than capable of sorting out the matter and making a decision''.

Sen. Scott's motion was defeated 8-3, with PLP Senators supporting it, and Independent Senators voting with the Government.

Resuming the debate, Sen. Scott said Independence divided Bermudians, but also had the potential to unite them.

He witnessed its ability to unify when he attended college in Jamaica, he said.

"The sense of pride that you get singing a national anthem that's your national anthem, watching your flag go up, is something that's left an indelible mark on my mind,'' he said.

Sen. Scott said if abolition of slavery had been decided through a referendum, "many of us in this chamber would still be slaves''.

The legalisation of gay sex would not have been approved through a referendum.

And on Independence, "what we really need to see is leadership'', Sen. Scott said.

"I don't know of any country in the Commonwealth that has gone Independent through a referendum,'' he said. "They've all had elections.'' Removal of non-Bermudians from the voter list and electoral reforms were PLP pre-conditions to Independence, Sen. Scott said. The PLP wanted each party to put out a White Paper on Independence, followed by a general election.

Next would be a constitutional conference. The results of that would be brought to Parliament and passed into law. Then there would be another general election, and "Independence Day would be celebrated after that election''.

The whole process would take five to ten years. "It's not a quick fix.'' Many Bermudians felt uncomfortable about the way the UBP was approaching the issue. The party had not taken a position on Independence, but was asking for "a blank cheque''.

If the referendum did go ahead, only Bermudians should be allowed to vote, he said.

Governing involved taking risks, and using a referendum was Government's way of minimising the risks associated with Independence.

Many Bermudians wanted Independence and wished the Country could get its act together and make it "a burning desire''.

Sen. Lynda Milligan-Whyte (UBP), meanwhile, stressed the gravity of the Independence issue, saying it would impact future generations and urging all Bermudians to think carefully about their choice.

"If we vote yes,'' the Senator said, "it is not something we will be able to reverse. And if we vote no, we may have to put the issue on the back burner for a significant period of time.

"To me, this is an issue that should engage the entire community on the pros and cons of Independence, and I encourage people to ask questions and find out as much as they can. It is important that the (referendum) process work.'' At the same time as Sen. Milligan-Whyte was extolling the virtues of a referendum -- she cited Britain, Canada and Australia as examples of countries in which the mechanism was used to try to affect constitutional change -- she also lambasted the PLP for attacking Government's decision to raise the Independence issue now.

"To say that the Government doesn't have the right to place a piece of legislation on the legislative agenda is naive,'' the Senator said. "The Government has every right to say what the issues of the day are. And this referendum bill was a bill that was put before Parliament and voted on by a majority. That is our Parliamentary system!'' As a corporate lawyer, Sen. Milligan-Whyte said, she also found it "difficult'' to tolerate the charges of "scaremongering'' every time the business community spoke out on Independence.

And she warned that the whole world would be watching and taking note if Bermudians did not hash out their differences on Independence in a "rational and mature'' manner.

"Why would you attack someone personally?'' the Senator asked. "We are sending a message that we are an immature society to the international community when we do that.'' Bermudians need not fear the Independence of the Island, said Sen. Larry Scott (UBP).

He claimed that there would be little in the way of real material change.

"We (in Bermuda) have striven alongside our Commonwealth partners all these years, but we have never had the courage to take this minute step,'' the Senator said.

"Not a giant step, but a minute step. This is just a step by which we say to Britain that this is what we want and this is how we will do it.'' On the question of a referendum, Sen. Scott said that the process would allow Britain to "save face'' internationally by assuring it that Independence had been achieved by democratic means in a colony that had a long tradition of democratic principles.

Sen. Scott also suggested that the Senate gallery was not packed with spectators because Bermudians were a mature people who had every confidence in their ability to express themselves in a referendum.

On the recent public exchange of contrary Independence views between Premier the Hon. Sir John Swan and Bank of Bermuda chairman Mr. Eldon Trimingham, the Senator said he defended the banker's right to speak on the issue but disagreed wholeheartedly with the substance of those views.

"I must discredit what he says,'' Sen. Scott said, "because it adds nothing to the debate.'' Because Mr. Trimingham made comparisons to mostly Caribbean -- and therefore predominantly black -- nations, Sen. Scott continued: "we have to look at the underlying meaning, the hidden message. On this score, he falls into the same trap as (Opposition) members on the other side. They will resort to any argument to get their way, use any means to an end.'' In a brief address, Sen. Alf Oughton (Ind) said he would support the referendum process but did not agree with Bermuda striving for Independence now.

Sen. Oughton, who played a key role in the defeat of Government's referendum bill last year, also criticised the Government for creating "confusion'' on the issue over the past year, particularly those members who precipitated talk of a general election two weeks ago by threatening to resign if the referendum bill wasn't passed.

But he agreed with Sen. Milligan-Whyte that the views of the business community deserved close attention.

In a veiled reference to a threatened boycott of the referendum by the PLP, Sen. Oughton also urged every Bermudian to "make his or her vote count'' when voting day comes around.

Sen. Yvette Swan (UBP) took issue with the Opposition's contention that no Commonwealth country ever achieved Independence through a referendum, citing her birthplace of Jamaica as an example.

"They (the Opposition) will say no, that it (Jamaica's referendum) was on federation,'' the Senator said. "But (former Jamaican leader) Norman Washington Manley won the referendum after campaigning for nationhood, went to a constitutional conference in London and then lost an election back home. Sir Alexander Bustamente was installed as the first Prime Minister under the new constitution. So when people say that no Commonwealth country ever achieved Independence in a referendum, they don't know their facts.'' On the subject of a Bermudian referendum, Sen. Swan said she had confidence in the ability of Bermudians to determine their own fates, and rebuked those who would inhibit the voters' rights to "express their free will''.

"I am opposed to any political party or any individual who tries to prevent the people from having their say,'' she said. "So many Governments have tried to suppress their citizens and not let them state their positions. Well, the United Bermuda Party doesn't feel it can insult its fellow Bermudians like that.'' Sen. Swan also pressed the need for "education and not indoctrination'' during the upcoming referendum campaign, quoting the old adage that "a mind is like a parachute -- it will not work unless it is opened''.

A referendum was like a blank cheque, Sen. Neletha (Honey) Butterfield (PLP) warned. And it would not be returned until it was too late.

"There are too many unanswered questions,'' she said, "and this referendum will likely go forward with an electorate that hasn't been educated on the issue of Independence.

"We need guidance from the ruling party,'' the Senator continued. "People have known our position (in the PLP) for 30 years. We stand by our position in unity and togetherness, and we think an election is the more appropriate way to go.'' At one point, the Senator also jumped on a previous comment by Sen.

Milligan-Whyte to question the Government's overall commitment to Independence.

"Does this Government really want Independence,'' she asked, "or is it just an attempt to put it on the back burner? We heard from Sen. Milligan-Whyte that a no vote would mean putting the issue aside for a very long period of time or at least a significant period of time. That's how they are thinking.'' Sen. Terry Lister (PLP) criticised Government disunity, compared to the PLP's consensus.

"Two weeks ago (in the House of Assembly), the Premier, in the confusion, said we would have a White Paper, the Minister in charge said we would have a discussion paper and another Minister on the committee said we'd have none of it.

"This,'' the Senator continued, "is Government in action, and it's a disgrace really.'' Sen. Lister said it would be taking a great risk to give Premier the Hon. Sir John Swan a "blank cheque'' over Independence.

The Country had a right to know what form of Independence it could expect with a "yes'' vote in a referendum.

Government, said Mr. Lister, had a responsibility to show leadership on the Independence issue.

But Bermudians had been left in the dark over such issues as citizenship, passports, and the Privy Council. None of these matters were in the Independence bill, which basically contained a reproduction of a ballot.

There was nothing in it about Bermuda's future, stressed Sen. Lister.

He said the most people had heard about Government's stance on Independence was that there would be some position papers.

Sen. Lister went on to voice his concern about the impact of the Independence debate on the business community.

In particular, he spoke of the highly-publicised clash between the Premier and Bank of Bermuda chairman Mr. Eldon Trimingham.

Sen. Lister said the Progressive Labour Party had tried in the last year to build up a good relationship with the business community.

Now, however, the business community was hit by uncertainty because of Government's handling of the Independence issue.

Referendum to go ahead "There is a loss of respect for the leaders.'' Sen. Lister said it was important that those in the business sector who felt uncomfortable should pin the blame on the United Bermuda Party Government.

The Opposition PLP should not be tarred with the same brush.

Sen. Lister said the UBP had said nothing about single-seat constituencies and parish boundaries.

The idea of redrawing districts -- as the PLP wanted -- had been accepted in other jurisdictions, such as Britain and the United States.

Sen. Lister said he was embarrassed as a Bermudian and as a legislator by Government's failure to take a position on Independence.

Sen. Gary Pitman (UBP) said a referendum was the only way for Bermuda to decide the issue.

To adopt the PLP route was wrong because general elections were fought on many matters, and the Island would not get a clearcut result on such a critical issue as Independence.

Mr. Pitman said referenda were used in other parts of the world as a democratic tool.

For instance, Britain's entry into Europe was decided by a referendum. In New Zealand, referenda were used quite regularly, and no country resorted to them more than Switzerland.

And he pledged it would embark on an education exercise.

Mr. Pitman went on to state the PLP could not claim total unity on Independence.

A newspaper article, for example, quoted Mr. Phillip Perinchief as being critical of his party's handling of the referendum issue.

Mr. Perinchief, according to the article, felt the party sounded as if it was opposed to nationhood.

The article stated: "Arguing about how we arrive at Independence is like arguing about how we should arrive at Cup Match.

"Should we go by sea or land? I'll be content with arriving at Cup Match by any means necessary.

"Sen. Norma Astwood (Ind) said she was experiencing "deja vu'' with the debate.

It was only last year that Senators were discussing Independence.

But, said Sen. Astwood, there were some differences between the two pieces of legislation before the Senate.

This time, for instance, there was no mention of a Commission of Inquiry.

The layout of the ballot paper was also much clearer, she said.

Sen. Astwood said last year she had voiced concerns about the dissemination of information to the public about Independence.

And there was still very much a need to distribute such information, particularly to students.

"Independence will not be taken lightly if people are well informed.'' It was essential, said Sen. Astwood, for Government to target information at those people who did not attend forums.

Not everybody could take time off to attend such meetings.

Senate President the Hon. Albert Jackson said: "Bermuda bears little resemblance to the Bermuda I was born in. The changes have often been in a forward and upward direction.'' Sen. Jackson said it was important for those voting in a referendum to understand what they were doing.

They were being asked to maintain the status quo or strike out in a new direction.

And the responsibility for that direction would fall squarely on the shoulders of all Bermudians.

Nobody could answer definitively whether Bermuda would suffer setbacks if it went independent.

Bermudians had to ask themselves whether they had the stamina and capability to move forward and upward if the Country cut ties with Britain.

They also had to ask themselves whether they possessed sufficient foresight and integrity.

Sen. Jackson said Bermuda had been witnessing a "changing of the guard'' with the military pull-outs.

But when making such a critical decision as going independent, Bermudians had to take into account the "unborn''.

They had to realise such a decision would have a bearing on future generations.

Government Senate Leader the Hon. Gerald Simons said Bermuda was better prepared for going it alone than many former British colonies.

In that sense, Bermuda was not taking such a big risk.

Sen. Simons said in many ways the "man in the street'' would not see any noticeable effects of Independence.

This was because Bermuda had by and large managed its own affairs over the years.

Answering allegations of splits within his party, Sen. Simons said the UBP reflected the make-up of Bermuda.

"We have many views within the party, and that is a good thing.'' Sen. Simons repeated Government's commitment to producing position papers on Independence which will address such issues as citizenship and the Privy Council.

He also urged the PLP to help with Independence education if there was to be a referendum.

After the Senate went into committee to discuss the Independence Referendum Act 1995 clause by clause, Opposition members put forward an amendment.

Sen. Milton Scott proposed that those allowed to vote in a referendum should be Bermudians by either birth or grant.

The motion, however, was lost in a straight split on party lines.

The three Independent senators sided with Government to defeat it by eight votes to three.

Sen. Simons, arguing against the motion, had pointed out roughly 280 to 300 non-Bermudian s were on the electoral roll.

These were the voters the PLP wanted to disenfranchise at a referendum. And yet these same people could vote at a general election -- the PLP's proposed mechanism for deciding Independence, he said.

The bill then went through its third reading unoppposed, and the bill was passed.