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The Senate can thwart Government's proposed Independence referendum for at least another 11 months.

That would be the minimum hold-up if the House of Assembly and Senate stayed at loggerheads over the Referendum Bill.

This power to delay non-taxation Bills is given the Senate in a little known section in the Bermuda Constitution.

The clause was interpreted for The Royal Gazette yesterday by constitutional experts -- and has amazed politicians.

One former Government Minister said: "It is very surprising, but now I've look at the Constitution, the Senate does have that power.'' Last week, the Senate threw back the Independence Referendum Act to the House of Assembly.

This came after Independent and Opposition Senators made a key change to the legislation.

The amendment would ensure a referendum was decided by a majority of people entitled to vote -- and not those who cast their ballot.

Now MPs will consider the changed Bill after they return to the House on May 6.

If they reject the amendment, the Bill would be sent back to the Senate.

And if Senators stick to their guns, the legislation would return to the House.

Government could then reintroduce the legislation in the next Parliamentary session, which starts in November.

And, under the Bermuda Constitution, MPs could present the Bill to the Governor for assent -- with or without the Senate's approval.

But the Constitution states this can only occur at least 12 months after the House first passed the Bill.

It was only last month -- February 15 -- MPs approved the Independence Referendum legislation.

And so this means, theoretically, Government would have to wait until at least February 15 1995 to force through the Bill against Senate objection.

Political sources, however, say this would be unlikely to happen.

"I think in practice Government would probably let the matter drop, rather than have the Bill bounce back and forth,'' said one source, who did not wish to be named.

It is also thought Independent Sen. Norma Astwood -- whose vote proved critical in amending the Bill -- would change her mind if the legislation returned to the Senate.

She said she needed an assurance Government would not seek Independence unless a reasonable majority of Bermudians wanted it.

Government has now given that assurance.

SEN. NORMA ASTWOOD -- Her vote proved critical.