Former Attorney General explains no confidence vote
By Tim Smith
The forthcoming no confidence motion would remove the head of the Government but not the body, according to former Attorney General Phil Perinchief.
Mr. Perinchief spoke out after hearing Premier Ewart Brown claim the United Bermuda Party would not be able to oust him with the motion put forward by leader Kim Swan last Friday.
He claimed the Premier was wrong in that assertion. Mr. Swan's motion, which will be debated by MPs this Friday or next Friday, states that the House of Assembly has no confidence in the Government led by Premier Ewart Brown.
The motion was brought under Section 59(1) of the Bermuda Constitution which states: "If the House of Assembly by the affirmative votes of a majority of all the members thereof passes a resolution that it has no confidence in the Government, the Governor shall, by instrument under the Public Seal, revoke the Premier's appointment."
Mr. Perinchief said: "The last words are the key: revoke the Premier's appointment. Under this section, the Constitution allows for the revoking of the Premier's appointment as the head of Government in which there is no confidence; not the Government body itself. Thus he is the only one removed."
He said that, according to the Constitution, if the vote is passed the Governor will appoint a new Premier who commands the confidence of the other MPs. Mr. Perinchief said: "This process will remove the Premier, and only the Premier, from office.
"The Constitution revokes the Premier's appointment as the head of the Government in which the body overwhelmingly would have to have no confidence."
The former Attorney General, who ran as a Progressive Labour Party candidate in the 2007 General Election, said if nobody was able to command a majority the Governor could dissolve the Legislature and call an election.
