List of prohibited nationalities may be adjusted quickly
An amendment to immigration laws enabling speedy adjustments to the list of nationalities prohibited from entering Bermuda has been passed by senators.
The Bermuda Immigration and Protection (Prohibition Order) Amendment Act 2023 was presented by Leslie Robinson, the Junior Minister for Economy and Labour.
Ms Robinson said: “Protecting Bermuda’s borders and its people is important to Bermuda and its government.
“Like all countries, Bermuda must have a rigorous system to regulate the movement of people into the country — this is vital to our national security.
“To protect Bermuda’s borders, the minister of immigration has the authority to prohibit the landing of various classes of persons.”
To address matters urgently, the minister utilises a section of the Bermuda Immigration and Protection Act 1956 that allows for 30-day orders that can be extended for additional 30-day periods by order of the Governor.
“It became apparent to the ministry that the Government needs greater flexibility to adjust the list of prohibited classes of persons.
“Our policy concerning visitors weds Bermuda to other countries’ visa requirement so the Government needs the ability to adjust at short notice if necessary.
The proposed amendment to the Act allows Bermuda to adjust the list of visa-controlled nationals on short notice while still subjecting the list to parliamentary scrutiny and the Governor’s Assent.
“The change from the affirmative resolution procedure to the negative resolution procedure provides for timely decision-making and fostering internal and external communication about or to any person to whom a prohibition will or will not apply.”
The order applies to persons who are nationals of 115 countries.
Robin Tucker, One Bermuda Alliance senator, voiced concern that the order was an example of “watering down the powers of Parliament”.
“It is understood that there may be instances where there is a sense of urgency required. The legislation already allows for that.
“I am not quite grasping why we have to make this shift to a negative resolution procedure and at this particular time — is there something that has triggered that?”
Ms Robinson said: “Parliamentary scrutiny is not being watered down. The Act would have been drafted in a different era when there wasn’t as great movement of people as there are now.
“Government has a responsibility to protect our borders. In a time when sanctions lists are constantly changing, when countries are coming on and off sanctions lists, this government needs to be nimble enough to make decisions and act accordingly not only to protect our borders but also to be in line with international standards when it comes to sanctions.”