RG: In our opinion

Bermuda is an island where the rule of law supposedly prevails, not mob rule.

And the ultimatum issued to Premier Michael Dunkley by the People’s Campaign and the Bermuda Trade Union Congress on Friday — suspend controversial grants of Bermuda status to long-term residents who qualify under a loophole in existing immigration legislation or face escalating street protests — came close to being an exercise in mass intimidation. It amounted to a none-too-subtle attempt by some protest organisers to usurp the functions of the parliamentary system and replace democracy with what amounts mobocracy.

Bermudians are, of course, not just entitled but obliged to hold the Government of the day to account for legitimate and perceived failings. But the conclusion of last week’s Cabinet Office rally objecting to the One Bermuda Alliance’s graceless (and arguably clueless) handling of the Permanent Residents issue should have given most fair-minded Bermuda residents pause.

Threats of disruptive street action accompanied by arbitrary deadlines for Government compliance with demonstrators’ demands are hardly conducive to a rational outcome. And a healthy dose of rationality is urgently required at this juncture. The time has come for both Government and its more reflective critics to step back and think before any rash decisions are made, before a point of no return is reached.

The real issue to hand has long-since been eclipsed by a curious combination of ostentatious political street theatre and bloodless Government nonchalance. On the one hand the deteriorating public mood is being manipulated by populist posturing, wild claims and brazen attempts to inflame raw emotions on the part of more extreme elements associated with ongoing anti-Government protests. On the other hand, widespread community disillusionment is being fed by the current leadership’s studied indifference to the likely consequences of actions on even the most delicate public policy matters.

It seems incontestable that those long-term residents eligible to seek Bermuda status under the flawed section of the Island’s Immigration & Protection Act cannot be barred from doing so. Despite the intent of the Progressive Labour Party administration which introduced the amendment, the courts have now interpreted the law as conferring this right on an estimated 1,455 Permanent Resident Certificate holders on two separate occasions. The OBA Government cannot at this stage introduce a moratorium on status grants falling under this provision or retroactively roll back this right by closing the loophole with new legislation without sparking a barrage of legal challenges from PRC holders. Such challenges would almost certainly be upheld by the courts.

That is the unvarnished reality of the situation. And Government had no realistic alternative but to greenlight status applications by PRC holders covered by the relevant provision. Whether or not such an outcome is viewed as desirable or not, whether it’s seen as the fulfillment of natural justice for long-term residents or a denial of natural justice for born Bermudians, the Island will ultimately have to accept the fact the law of the land cannot be arbitrarily suspended or, indeed, rescinded.

However, it is also incontestable that Government’s almost cultivated disinterest in public opinion and effective communications has brought us to the current sorry impasse where Bermudians are registering their opposition to the PRC decision by marching. All communities require regular reassurance, persuasion and instruction from those in leadership roles. In the absence of stated policy objectives backed by credible information and compelling arguments, the vacuum will inevitably be filled by rumour, speculation, misinformation, disinformation and outright lies. And, as has so often been the case during its short term in office, the OBA Government left an informational void on the Permanent Residents issue, one which triggered genuine concerns among any number of Bermudians and invited cheap demagoguery and mischief-making by its opponents.

Experience, common sense, sensitivity to the public’s mood and expectations — none of these appear to be factors in the Government decision-making process. The leadership simply does not distract itself with such intangibles. Frankly, Government’s grasp of salesmanship is virtually non-existent because public information campaigns in both the traditional and social media clearly outlining its uneviable position would have blunted if not entirely precluded the agitated reactions we have witnessed since last Wednesday’s abrupt announcement.

It is not too late to rescue this potentially volatile situation. What is required is some principled compromise and cooperation between Government and the Opposition. Because the reality is last week’s PRC decision only marks the end of a chapter on the long-term residency issue; it’s not the conclusion of this complex and emotionally charged story.

While close to 1,500 PRC holders are covered by last week’s decision, many others are not and a whole raft of other matters relating to long-term residents remain outstanding. If ever there was a time for a genuinely bipartisan and comprehensive immigration reform policy it is surely upon us.

It is imperative Bermuda’s leaders on both sides of the Parliamentary aisle finally provide the rationality this extremely problematic situation demands.