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Dunkley to discuss ‘dismissive language’

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Victoria Pearman, Ombudsman for Bermuda

Michael Dunkley is to meet with Bermuda Ombudsman Victoria Pearman in the “near future” to discuss concerns expressed over “dismissive language” used by Michael Fahy, the Minister of Home Affairs, towards her office. It comes after letters sent in August by the Ombudsman Association in Britain, followed by the International Ombudsman Institute based in Austria, to Randy Horton, the Speaker of the House.

A 2014 annual report by the Ombudsman was tabled on June 26 detailing a complaint by a woman identified only as a Bermudian professional, against the Ministry of Home Affairs and Department of Immigration, on the failure of an employer to contact her after she applied for a job that had ultimately gone to a work permit holder.

Citing “maladministration”, Ms Pearman’s report found that the ministry had failed to act on the complaint, adding that her office’s recommendations had not been followed.

Three days later, senator Fahy branded her report a “farce”, saying the department had found no record of a Bermudian applying for the job.

Sen Fahy agreed with the Ombudsman that the employer’s mailbox had closed a day earlier than advertised, but said that the department found it had been accidental — and that the Bermudian candidate had lacked the required qualifications.

The complaint was more than two years old, the minister added, and “significant” progress had been made at the department since.

John Walters, president of the International Ombudsman Institute, wrote that “damaging and dismissive remarks” made by the minister had the potential to seriously undermine the Ombudsman’s work. The remarks were seen internationally as evidence of a lack of respect for both the office and the rights of Bermuda citizens to use its services, Mr Walters continued.

Similarly, Lewis Shand Smith, of the Ombudsman Association, expressed concern at “dismissive language”, particularly Sen Fahy’s assertion that it was “entirely our prerogative” whether or not to accept the recommendations. Mr Smith called on Parliament to support the constitutional role of the Ombudsman and help to restore its good working relationship with the Bermuda Government.

Rather than wait for Parliament to reconvene next month, Mr Horton forwarded the correspondence to all members of the legislature.

Last night, the Premier told The Royal Gazette he intended to meet with Ms Pearman, adding: “Out of courtesy and respect, I will not say anything else at this time.”

Sen Fahy, Mr Dunkley added, had “kept me in the loop on this matter from the very beginning”.

He said he had spoken to Mr Horton about two weeks ago, and had written back to both organisations voicing the Government’s support for the Ombudsman — adding that the Government held “the utmost respect” for the office.

Michael Dunkley (File photograph)