Dr. Brown told US he had power to accept Uighurs, UK Lords hear
By Sam Strangeways
Premier Ewart Brown told the US he had the power to bring the Uighurs to Bermuda without the UK's permission, according to a British Government Minister.
Lord Malloch-Brown, a Minister of State for the Foreign and Commonwealth Office (FCO), told the House of Lords in England on Monday: "The United States has assured us that it understood that the Prime Minister of Bermuda had the right to negotiate in this case because he asserted such to them."
Dr. Brown ignited a "negative firestorm", in his own words, after deciding to bring the four former Guantánamo Bay prisoners to the Island on June 11.
Governor Sir Richard Gozney and the FCO have since said he had no authority to do so as the matter involved external affairs and was therefore outside the remit of the Bermuda Government.
Lord Malloch-Brown's comments on Monday were prompted by questions from Lord Wallace of Saltaire, who asked initially "whether negotiations between British Overseas Territories and the Government of the United States for the acceptance of detainees formerly in United States custody fall within their delegated authority for conducting international negotiations?"
Lord Malloch-Brown replied that such negotiations did not fall within the delegated authority that overseas territories have for conducting international negotiations.
"The external affairs of a territory remain part of the special responsibilities of the governor under each territory's constitution," said the Labour Minister.
Lord Wallace then asked: "Is it not extraordinary that the Government of Bermuda negotiated directly with the United States Government that senior members of the White House staff would accompany the Uighurs...to Bermuda without informing the British Government?"
Lord Malloch-Brown replied: "It is extraordinary. Clearly, there was a real breakdown there." He added that Dr. Brown had told the US he had the right to conduct the negotiations. "It has led us to announce a review of this entrustment, but it is clear that there was a breakdown."
He went on to say the Overseas Territories had "probably lived in the shadows of British foreign policy for a while" but were now becoming more central.
The Minister told peers he did not think a wider review of the territories was needed but added that both the UK and the territories needed a clear understanding of what power was and was not delegated.
Earlier this month, British Home Secretary Alan Johnson told the House of Commons that Foreign Secretary David Miliband was raising the Uighurs issue with the American authorities.
The review referred to by Lord Malloch-Brown will determine by the end of this month whether Bermuda can still negotiate with other countries on certain issues on behalf of Britain, as part of a 40-year-old general entrustment agreement.
Dr. Brown's press secretary did not respond to a request for comment last night.
