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Protesters rejoice after Bill withdrawn

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Victory speech: Reverend Nicholas Tweed and BIU president Chris Furbert address people outside the House of Assembly (Photograph by Akil Simmons)

Immigration reform campaigners celebrated last night after the Government withdrew its highly controversial Pathways to Status Bill.

The resolution also means that public services will resume island-wide today following five days of disruptions, as civil servants end their “withdrawal of labour” protest.

Shortly after 6pm yesterday, Reverend Nicholas Tweed of the People’s Campaign read aloud a letter from Michael Dunkley, the Premier, to the crowd outside the House of Assembly.

Loud cheers greeted the news that the One Bermuda Alliance would withdraw the Bill, which protesters claimed ignored the concerns of the Bermudian public. In accordance with the demand for a bipartisan approach, a consultative working group of key stakeholders will now discuss the initiative and make recommendations before any legislative changes are made.

The first stage of the new Bill, to be tabled on May 13, will deal with children who were born in Bermuda or arrived at an early age, as well as mixed-status families and adoptions. The second stage will deal with the granting of permanent residence certificates for residents of 15 years, and is scheduled to be debated in the House’s summer session.

The third stage will deal with the granting of Bermudian status for residents of 20 years, and is due to be discussed in the House in November.

Mr Tweed also explained that the Labour Advisory Council would concurrently delve into issues including amendments to work permit policies to address a living wage and training requirements for Bermudians, cracking down on unscrupulous business tactics that undermine Bermudian labour and working with the international business sector to provide summer job opportunities for Bermudians.

Mr Dunkley’s letter concluded: “All sides are committed to working for the betterment of Bermuda. I trust that this fair and reasonable offer will be accepted to help resolve the current situation.”

Following on from Mr Tweed, Progressive Labour Party MP Walton Brown told the crowd: “This agreement gives us everything we’ve been calling for in the last month.

“We will shape that consultative committee. All of us who worked so hard, and you the people, have made this possible.

“This is what we wanted. This is what we demanded. All the power is with the people.”

Bermuda Industrial Union president Chris Furbert assured the crowd that no official response would be given without their approval.

He said: “It’s for you to decide if (the agreement is) sufficient. I believe we’ve delivered exactly what we were asked to deliver.”

He asked for a show of hands to approve Mr Dunkley’s offer, and was met with near-unanimous support.

Mr Furbert added: “We’re certainly not going to be open to giving the country away.

“Let’s not tear apart all the good work that we’ve done over the last five days. We need your input. Put your suggestions in so we can protect who we need to protect: the children.

“All I hope for, going forward, is for the Government to finally start listening to the people and hearing what the people are saying.”

Mr Furbert thanked the protesters for sacrificing a week’s wages by participating in the demonstrations, adding that he had asked the Premier whether their time off work can be counted as paid vacation leave.

Speaking to The Royal Gazette shortly after the announcement, Mr Dunkley called the agreement a “good deal”, adding: “The basic principles of the Bill are still there and the envisioned time frame isn’t too different.”

Mr Dunkley denied that the Wednesday night resignation of Shawn Crockwell as Minister of Tourism Development and Transport had proven a tipping point for the Government in dealing with the Pathways furore.

“That’s a separate matter,” he said. “Obviously Mr Crockwell was very frustrated through this whole approach, and I’m very disappointed to lose a colleague of that stature in Cabinet.”

When questioned about the potential for negotiatory stalemates within the working group, he replied: “That is always a possibility, but I don’t think we’ll see that because of the genuine intent of everyone and the need for immigration reform.”

He added: “Sometimes democracy can be messy, and it always has to be a learning experience.”

A further Government statement from Mr Dunkley revealed that MPs will next convene at the House of Assembly on Monday, rather than today as planned, as they prepare to pass the 2016/17 Budget. He added: “The agreement will see us press the reset button on the immigration reform schedule, setting the stage for wider input into the specific reform proposals.

“What has emerged is better community understanding of an issue that is critical to individual lives, our collective future and the meaning of our island home.

“We’re going to get back to the business of the people, working to restore security and prosperity for all Bermudians.”

Late last night, a pro-Pathways group released a statement expressing its “disappointment” that the Bill had been withdrawn.

A spokeswoman for We Support A Pathway to Bermuda Status added: “We still have hope that the Government is dealing with the important parts of the legislation in a staged approach.

“We will continue to monitor developments and to hold the Government and all community stakeholders accountable. We also hope that this will be an opportunity to improve the legislation.”

Throughout the day, Mr Furbert addressed the crowd outside the House of Assembly, urging the protesters to be non-violent and courteous, and warned that anyone with alcohol would be asked to leave.

He also apologised to four white children who he said came to Wednesday’s demonstration and were told they were not welcome. “It doesn’t matter if we’re black, white, pink or green. We made a call for all people. Those of you that have those kind of agendas, you can be gone. Get right off the Hill.”

He later added: “Anybody that curses a white person and is caught, they are going to get a cut tail. You shouldn’t be doing that in this type of setting.” He said that “guest workers are invited to be here ... people should be careful about attacking those people.”

Yesterday’s crowd was much smaller than on previous days. By 9.30 there were only some 300 demonstrators surrounding the House, including PLP MPs Walton Brown, Zane DeSilva and Wayne Furbert.

Noting that commentators had questioned why police had not cracked down on the protesters, Mr Furbert said: “We are not doing anything to break the law, and the police are about protecting law and order. They are not going to be put in the middle of anything. They will not be used like that.”

Before the Bill was withdrawn, a court hearing to determine the legality of immigration reform protesters’ “withdrawal of labour” was adjourned until next Thursday.

Chief Justice Ian Kawaley had previously said it was “strongly arguable” that those shunning work to demonstrate were breaching section 34 of the Labour Relations Act. In the case involving the Minister of Home Affairs versus the BIU, Mr Furbert and Mr Tweed, Crown counsel Gregory Howard told Dr Justice Kawaley there was “no evidence” that the named parties had been in violation of the incitement order, which was served on Friday last week.

Announcing the adjournment, Dr Justice Kawaley said he wanted to “avoid a situation where the matter drifts without any mooring”.

Yesterday’s events as they happened

8.30am: The One Bermuda Alliance releases a statement saying Michael Dunkley, the Premier, retains the faith of his MPs in spite of the blistering attack and resignation from Cabinet from Shawn Crockwell. Fewer than 100 protesters, with a handful of police officers, mark a quiet start to the day outside the House of Assembly

9.30am: The crowd grows to about 300, including the Reverend Nicholas Tweed of the People’s Campaign, Chris Furbert of the Bermuda Industrial Union and a handful of Progressive Labour Party MPs — Walton Brown, Zane DeSilva and Wayne Furbert.

10.35am: Addressing the crowd, Mr Furbert says there are things to share that are “very disturbing”, adding that there were some people on the Hill who have been saying things they should not. He adds that if this behaviour continues, those people will be identified and asked to leave.

10.40am: Mr Furbert says four white children came to yesterday’s demonstration and were told they were not welcome.

Mr Furbert says he wants to apologise to the children, inviting them back. “It doesn’t matter if we’re black, white, pink or green. We made a call for all people. Those of you that have those kind of agendas, you can be gone. Get right off the hill.”

10.50am: Mr Furbert makes mention of the critical letter from backbencher Leah Scott, discussions with Sir John Swan, the former Premier, and last night’s resignation by Mr Crockwell. He says during the second march on Wednesday, the Police Commissioner thanked him for the behaviour of the protesters. He says the Commissioner asked Randy Horton, the Speaker of the House, if the House could be reconvened at 2pm rather than 10am tomorrow. Noting that commentators were questioning why police have not cracked down on the protesters, he says: “We are not doing anything to break the law, and the police are about protecting law and order. They are not going to be put in the middle of anything. They will not be used like that.”

11.05am: Mr Furbert says that dock workers have gone to unload refrigerated containers from the Bermuda Islander, but they would then return to the protest. He adds that the protesters should not agitate members of the public while marching, noting that there are white people participating. “Anybody that curses a white person and is caught, they are going to get a cut tail,” he says. “You shouldn’t be doing that in this type of setting.” He says that guest workers are invited to be here, saying people should be careful about attacking those people.

11.40am: The crowd now numbers about 400, much less than on previous protest days.

11.40am Grant Gibbons is announced as the interim Minister of Tourism Development and Transport, in addition to his role as Minister of Economic Development, following the resignation from Cabinet of Mr Crockwell.

12.30pm Numbers dip while protesters go to fetch lunch. The atmosphere is friendly and calm.

1.15pm: During a conference call with the Court Registrar, Mr Furbert was told there were concerns about the noise on the Hill. Meanwhile, Mr Furbert says, since there was no security issue, “we are not giving up the grounds tomorrow.” Mr Tweed says: “We have confirmed that during the time that court is in session, the House will not be in session. We have to remember our target was never the court. Our target was Parliament.” He says they were not helping their cause by inconveniencing the Court of Appeal. A second meeting between Mr Dunkley, Mr Furbert and Mr Tweed is scheduled for 2.30pm

3.05pm: Sir John Swan, Mr Furbert and Mr Tweed meet at BIU headquarters.

3.10pm: PLP MP Rolfe Commissiong takes the mic and thanks all those who have support the protest but says they are still waiting for an answer. “Mr Dunkley, we are waiting,” he says. He questions if the Premier will put the country ahead of the OBA’s political agenda.

3.15pm: The crowd is reminded once more not to drink alcohol on the grounds, with two groups of people reportedly removed for drinking.

3.40pm: Drummers play in front of the House of Assembly after making their way around the building.

3.50pm: The meeting at BIU has ended. Walton Brown tells The Royal Gazette: “At this point we’re very close to a resolution.”

4pm: More than 20 representatives from the group enter the Cabinet building.

4.30pm: Zane DeSilva and Derrick Burgess arrive at Cabinet. They wait outside the building.

5pm: The court hearing to determine the legality of immigration reform protesters’ “withdrawal of labour” has been brought to the Chief Justice’s chambers. Chief Justice Ian Kawaley had previously said it was “strongly arguable” that those shunning work to demonstrate were breaching section 34 of the Labour Relations Act. In today’s hearing of the case involving the Minister of Home Affairs versus the BIU, Mr Furbert and Mr Tweed, Crown counsel Gregory Howard tells Dr Justice Kawaley there was “no evidence” that the named parties had been in violation of the incitement order, which was served on Friday last week. Noting that he wanted to “avoid a situation where the matter drifts without any mooring”, Dr Justice Kawaley arranges the next hearing for 2.30pm next Thursday.

5.20pm A press conference has been called for 5.45pm

6.10pm From the House of Assembly, Mr Furbert says: “We have an agreement but it’s for you to decide if it’s sufficient. We believe it is. I believe we’ve delivered what we were asked to deliver.”

6.12pm Mr Tweed tells the crowd: “The government will withdraw the Bill.” Massive cheers. Government promises consultative working group for Bill.

6.15pm: It is explained that the first stage will deal with children, to be tabled in House on May 13 — children who were born in Bermuda or who arrived here at an early age. The second stage will deal with PRCs of 15 years, which will be debated in the summer session. The crowd seems uncertain but Mr Tweed implores them to listen. The third stage will deal with status after 20 years, during the new session in House in November. Government will look into training opportunities for Bermudians. “All sides are committed to working for the betterment of Bermuda.”

6.20pm: Walton Brown says: “This agreement gives us everything we’ve been calling for in the last month. We will shape that consultative committee. I think that all of us who worked so hard and you the people have made this possible. All the power is with the people.”

6.25pm: Mr Furbert says: “We are where we need to be.” He promises “we’re certainly not going to be giving the country away”. “Let’s not tear apart all the good work that we’ve done over the last five days,” he adds. “Put your suggestions in so we can protect who we need to protect — the children.” He asks the people to put their hands up if they are in favor of the agreement. Lots of hands shoot up. Who is not in favour? A few hands go up. Mr Furbert thanks Sir John Swan.

6.30pm: A 89-year-old protester says: “I believe I should congratulate you, but there’s only one thing that I’m a bit perturbed about. That’s the point of status after 20 years. I think that needs more consideration given the size of this island.” He urges them to be “very careful what you agree to” when consulting in the future. He thanks businesses who helped and the police for their “mutual respect”. Mr Furbert says: “All I hope for going forward is for the government to finally start listening to the people — and hearing what the people are saying.” He shouts out to hunger striker Enda Matthie and thanks the people for sacrificing a week’s wages. He said he has asked the Premier if they could see if they can list the time they’ve taken off as vacation time, therefore paid.

6.40pm Mr Tweed says: “If there’s one regret, it’s that it took this long. But I hope that what we have achieved together will not be squandered. I believe that this is not just a victory for us, but for Bermuda.” He compares the situation to Joshua and the walls of Jericho. Hip-hip hoorays. Mr Tweed closes with a prayer and the protesters head to the BIU headquarters.

7pm: More than 500 march along Church Street, chanting “the people united will never be defeated”.

For the Premier’s full statement confirming withdrawal of the Bill, click on the PDF link under “Related Media”

Resolution found: from left, Bob Richards, Minister of Finance; Michael Dunkley, the Premier; Trevor Moniz, the Attorney-General, and Sir John Swan (Photograph by Akil Simmons)
Speaking out: BIU president Chris Furbert and Reverend Nicholas Tweed make their way to the Cabinet Building flanked by supporters (Photograph by Akil Simmons)