Public prosecutions director is Acting Attorney-General
The Director of Public Prosecutions has been appointed as Acting Attorney-General until a permanent replacement ― from the private sector ― is appointed next month.
Cindy Clarke’s posting was confirmed by the Cabinet Office yesterday.
It means there have now been three attorneys-general in the past month after the health minister Kim Wilson accepted the post on August 7, in the wake of the resignation of Kathy Lynn Simmons, which was announced on August 5.
In a statement, the Cabinet Office confirmed that Ms Wilson, who was appointed as Attorney-General and Minister of Legal Affairs and Constitutional Reform and Health, relinquished the legal responsibilities and returned to her sole responsibility of health.
It said that as well as becoming Acting Attorney-General, Ms Clarke would retain “those prosecutorial responsibilities of her substantive office”.
The statement added: “This interim appointment is made prior to an identified political appointee assuming the post of Attorney-General.”
David Burt, the Premier, said that the new Attorney-General is to take up the post on September 16.
The Cabinet Office statement said with the appointment of a public officer as Attorney-General, the departments and responsibilities under the legal affairs ministry were assigned, in the interim, to Walter Roban, the Deputy Premier.
With the resignation from Cabinet of former minister Vance Campbell ― who has since quit the Progressive Labour Party to join the One Bermuda Alliance ― Wayne Furbert, the Minister of Transport, will take the Cabinet Office remit until a permanent appointment is made.
Responsibility for consumer affairs and land licences, which fell under legal affairs and the Cabinet Office, respectively, has been assigned to Jason Hayward, the Minister of Economy and Labour.
Rena Lalgie, the Governor, said: “The Bermuda Constitution provides for the Attorney-General to be a member of either House, in accordance with the advice of the Premier, or a public officer.
“Following an invitation to appoint a public officer to fill that position on a temporary basis, I have today, acting in my discretion, appointed Ms Clarke to assume the office of Attorney-General.
“I would like to take this opportunity to thank Ms Clarke for her agility and her continued service to the people of Bermuda.”
Mr Burt added: “The role of Attorney-General is a specialist one and can prove difficult to fill. I am grateful to minister Wilson who answered the call and bridged the gap in the short term.
“I am pleased to confirm that a suitably qualified candidate has been identified and will commence their service on September 16.
“Coming from the private sector, the candidate has various matters to attend to prior to assuming the post of Attorney-General.
“Also on September 16, the Governor will be invited to make further ministerial appointments.”
He said: “I am also grateful for ministers Furbert and Roban who will hold portfolios in this interim period also pending further substantive appointments.”
The Shadow Minister of Legal Affairs, Scott Pearman, issued a statement in response to Ms Clarke’s appointment, accusing the Premier of pursuing stopgap politics.
“The Premier’s solution is to make yet another temporary appointment, with the Director of Public Prosecutions becoming a non-political Attorney-General.
“This has the look of a leader who has lost control over his future, forced to make reactive decisions as events keep on hitting him.
“This is stopgap politics. All David Burt is doing is buying time. Bermuda needs better leadership than this. It is increasingly clear that David Burt’s job is the temporary one.”
Last night the PLP hit back. A party spokesperson said: “On a day when the PLP Government announced that an Attorney-General from the private sector will join the Cabinet on September 16, the OBA comes up with another petty release to try to mislead and divide the island.
“Today the PLP rolled out our candidate for Pembroke East, and tomorrow we will roll out our candidate for Sandys North.
“Our candidates stand ready to compare our record of increasing pensions for our seniors, introducing a minimum wage, and reducing payroll taxes for workers to their lowest level in history while ensuring that those who earn more pay their fair share ― against the anti-Bermudian agenda of the OBA.”
The Cabinet Office statement noted that, as Attorney-General, Ms Clarke will not attend Cabinet and will act as the Government’s legal adviser as required under Section 86 of the Constitution.
Bermuda last had a non-political Attorney-General more than 20 years ago prior to the change in Bermuda’s Constitution to permit a politically appointed Attorney-General, the first of whom was the late the Dame Lois Browne-Evans.