The Opposition aren’t “playing politics” with the delicate issue of permanent residents obtaining Bermuda status, according to Shadow Immigration Minister Walton Brown.

Mr Brown spoke to The Royal Gazette ahead of today’s town hall meeting, the third such public forum called by his Progressive Labour Party.

“The issue of who gets to vote is far less significant than who gets to vote on Independence,” he said. “There’s something untenable in the idea of people who hold citizenship in another country being able to vote on a question of Independence for Bermuda, when most Bermudians only hold citizenship in Bermuda. That’s the issue.”

Mr Brown said he wasn’t pinning blame for the issue on the One Bermuda Alliance government.

“Let me be clear, because I don’t think any of my comments have indicated that it’s the OBA’s fault in any respect.

“Having recognised an interpretation of the law that’s incongruous with policy, we have called on them to fix the law.

“We proposed that amendment to the law, which the OBA did not accept. I have been criticising them for not fixing that loophole.”

The technicality emerged from a case brought by two holders of Permanent Resident’s Certificates (PRCs) who had applied for Bermuda status under a seldom-used clause of immigration law.

It was described as a “sleeping provision” by Chief Justice Ian Kawaley: section 20B (2) (b) of the Immigration and Protection Act, inserted by the United Bermuda Party Government in 1994 to allow a small category of individuals with strong links to the Island to obtain Bermuda status.

But when the Progressive Labour Party administration created the PRC category in 2002, status could be argued for long-term residents who had been in Bermuda since July, 1989.

The independent Immigration Appeals Tribunal found in favour of the two PRCs, which the Ministry of Home Affairs then appealed — but Mr Justice Kawaley supported the tribunal’s ruling.

“I don’t think their heart is in the appeal — they have already been advised that they have very weak grounds for it,” Mr Brown said. “If they want to fix it, then fix the legislation.”

Asked if Parliament could simply delete a law after the fact, Mr Brown said: “Of course we can. The policy is that there are no discretionary grants of status.

“The OBA should know that — they voided a contract, the Hamilton waterfront lease, that had been signed by law. Parliament is supreme and can do as it wishes.

“If Government’s position is they believe it’s now appropriate for permanent residents to receive status, then they should act accordingly. If they believe the law is flawed, they should fix it.”

He called Home Affairs Minister Michael Fahy “irresponsible” for not commenting publicly on an issue that “demands public debate”.

Additionally, the PLP has called on Government suspend status applications until the matter is resolved.

When it was put to Mr Brown that current applications were already on hold while Government proceeded with the appeal, he replied: “I want to hear it from the Minister. The Minister should act like a leader and speak on it.”

But he defended the creation of the PRC category, saying all countries had a set policy in place that allows for the category of permanent residence — although he rejected the notion that PRCs had any right to status.

“The European Union has recognised that small jurisdictions need to have a very different policy on immigration matters.”

The Pembroke Central MP also dismissed the suggestion, posed in a recent economic report issued by Anchor Investment Management, that the Island could draw in investment and business by including some form of “clear path to citizenship” in immigration policy.

“That’s a political issue masquerading as an economic philosophy,” he said. “It holds no credibility whatsoever.”

Tonight’s town hall meeting is set for 6.30pm at the Clearwater Middle School. Mr Brown said the Opposition was still considering “other options”.

Home Affairs declined to comment last night on whether Senator Fahy intended to speak publicly on the matter.

There was also no comment on the status of current applications.