An MP starting a new charter flight service linking Bermuda and the Caribbean has said that “legislation trumps policy” when it comes to the requirement of some travellers to have transit visas.

Mr Scott, a former transport minister involved in the offering of direct air service between Bermuda and the Dominican Republic in August and later between Bermuda and Jamaica, was speaking after the Department of Immigration said last week that Jamaicans and Dominicans are considered visa-controlled nationals subject to visa requirements.

Last night, Mr Scott cited a Portuguese charter service introduced in 2021 and a Bahamian delegation that came last year in arguing that the transit-visa requirement is not an issue.

Mr Scott, who is the chief executive of ScottsCraft, the parent company of TXKF Direct, the charter service, said: “The law states that all you need is a round-trip ticket, and you can’t stay for more than six months in any 12-month period.

“Legislation trumps policy. There is no visa requirement in Section 28 of the Immigration and Protection Act 1956.

“It’s up to Immigration if people get turned away. We will have a representative from ScottsCraft on that flight to ensure everyone has their round-trip ticket and will not be overstaying the 180 days. We are abiding by the legislation — anything other than that will be deviating from the legislation.

“That’s why the Portuguese flight is allowed in — you had the Bahamian delegation that came in 2022 to participate in the Progressive Labour Party’s delegates conference. TXKF Direct is partnered with the company responsible for the Azorean charter.”

A spokesman for the Ministry of Economy and Labour said last week: “The Department of Immigration visa policy clearly sets out guidance with respect to persons requiring visas to enter Bermuda.

“All visa-controlled nationals are required to present the relevant documents upon arrival or risk being returned on the next available commercial flight.

“In this case, Jamaicans and Dominicans are considered visa-controlled nationals as prescribed in the policy and are required to be in possession of the required visa upon their arrival in Bermuda.

“The visa policy can be found on gov.bm for reference.”

Government rules require that visa-controlled nationals have a transit visa — normally to the United States, Britain or Canada — so that they can get home, or be sent home, other than by the charter flight if necessary.

Mr Scott added: “We understand the policy that Immigration has shared, but policy does not supersede legislation.”

Roxanne Christopher, a former president of the Jamaican Association Bermuda, said last week that people from the Caribbean island and the Dominican Republic were facing discrimination.

The flight is scheduled to depart Bermuda on August 1 and land in Santo Domingo, Dominican Republic, and return on August 13. Another flight is scheduled for December to coincide with Christmas.

The Department of Immigration did not respond to questions by press time.