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Throne Speech: two proposals on constitutional change

The Governor, Rena Lalgie, arrives for the Throne Speech ceremony with Royal Bermuda Regiment Major Duncan Simons (Photograph by Akil Simmons)

Talks with Britain are to be launched on constitutional change to return oversight of “critical immigration decisions” to the island’s control.

The 2024 Throne Speech also called for constitutional amendments closer to home allowing “a revised legal framework for accountability in senior constitutional positions” under the Bermuda Constitution Order 1968.

Rena Lalgie, the Governor, referenced a “challenge that the Government has not overcome” in immigration reform: a 2016 court ruling that “overturned longstanding practice that the Department of Immigration was involved in the granting of belonger status in Bermuda”.

The speech did not specify a particular case, but “belongers” are typically British Overseas Territory Citizens legally deemed as “belonging to Bermuda” and with additional rights on the island.

The issue has featured in Bermuda’s courts in cases such as the Supreme Court case of belonger Michael Barbosa’s fight to attain Bermudian status, which began in 2015 and was ultimately turned down in the Privy Council.

Ms Lalgie said the courts had allowed “non-Bermudian residents to apply directly to the United Kingdom Government to become naturalised” as BOTCs.

She added: “Under our constitution, BOTCs are deemed to belong, granting successful applicants unlimited rights to purchase property in Bermuda.”

The gathering heard that the Bermuda Government believed the decision should be brought back under its purview.

She said a consultation would be followed by a request to Britain for “constitutional change so that the practice, which was observed in Bermuda for many years, be restored”.

Turning to Bermuda’s constitution, Ms Lalgie said that in recent years, the “independent regime by which appointments are made has been found wanting when the rare occasion arises for disciplinary oversight of appointees”.

She added: “This must be remedied.”

Ms Lalgie’s speech made no reference to a specific case, but stated that “Government House and the Government of Bermuda will work together” on the law covering responsibility for top constitutional positions.

“Public confidence in such high offices is of paramount importance, given the power those appointed have to significantly impact the lives of Bermuda’s people,” she said.

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Published November 09, 2024 at 7:55 am (Updated November 09, 2024 at 7:24 am)

Throne Speech: two proposals on constitutional change

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