Rule change too late for many
Campaigner Ronnie Viera says Government’s reversal of the controversial land licences rule is too late to restore his faith in the way it handles property laws.Mr Viera remains angry that he was told to sell an investment property bought several years ago as a result of the Bermuda Immigration and Protection Amendment Act passed in 2007.And he said many mixed-status couples have suffered stress and legal fees after the law required them to purchase a licence fee in order to buy property.He said he was pleased the amendments are now being reversed, but that Government should not expect any accolades; he noted there will be no refund for those who were made to buy licence fees.As an owner of more than one property before 2007, Mr Viera said he had been adversely affected by the decision to apply the legislation retroactively.“Those couples who owned an investment property, in some cases, were told they had to sell the second property within 12 months,” he told The Royal Gazette. “It was offensive to be told, as a Bermudian, that I had to sell a property purchased several years before the new law was enacted.“Furthermore, as a Bermudian, I am not willing to invest any further in the local market as this whole land licence debacle has demonstrated that this and any future Government can simply pass whatever legislation they wish, without consultation, and apply it retroactively as it suits them.”About 100 people joined Mr Viera’s protest group shortly after it emerged Bermudians married to non-Bermudians were forced to buy a $1,375 licence as part of the anti-fronting legislation. At that time, Mr Viera was married to a Canadian, though in recent months she has become a Bermudian.“It’s good to hear that this Minister has listened and has made progress in reversing bad legislation and policy although it has taken nearly five years for this to happen,” he said yesterday.“While I and many others would like a refund of the licence fee and reimbursement of legal fees, it is unlikely to happen.“It is pertinent to point out that the stress this policy has placed on those affected over the five-year period has been far more damaging than the financial impact.“It is also ridiculous to consider a legitimate marriage as fronting, which has been the case. I’m glad it will now be reversed but saying, ‘We got that one wrong, we’ll change it back’, and then expecting accolades is not acceptable.”Shadow Attorney General Trevor Moniz, a lawyer who frequently criticised the legislation, yesterday said Government had employed a much too forceful tactic to deal with fronting, the practice of non-Bermudians gaining an unlawful interest in land by using a local as a front.“The Minister today is credited with changing that and needs to be commended for taking the bull by the horns, but obviously mixed-status couples still feel hard done by. My sympathy goes to those people,” said Mr Moniz.“People say lawyers made a lot of money out of this. But if it wasn’t for this legislation, there would have been more transactions, so lawyers would have made a lot more money.”
Over the years, different politicians have criticised and defended the land licence policy:
Immigration Minister Derrick Burgess explaining the need for the Bermuda Immigration and Protection Amendment Act as it passes through Parliament in May 2007: “The Government is painfully aware it has become increasingly difficult for Bermudians to achieve their dream of acquiring a piece of their rock.“It has become clear that Bermudians are under attack and face unfair competition from non-Bermudians who believe it is their right to own a piece of the rock.“I have been advised that non-Bermudians can go to any cocktail party, business gathering or tennis club in Bermuda and ask, ‘How can I buy a house in Bermuda?’”
Later in the debate United Bermuda Party MP Maxwell Burgess predicts it may lead to unfairness: “It seems we’re trying to be harder on half-Bermudians than on foreigners.“I’m asking the question: how restrictive do we intend to be on the non-Bermudian spouse? I’m more interested in getting the would-be entrepreneur.”
Minister Derrick Burgess concludes the debate: “Bermudians can own as many licences as they want. Non-Bermudians can only own one property.“The intent is that the non-Bermudian spouse should have no interest in the second home or any other home. They can only own one. The Bermudians can buy as many homes as they want.“The non-Bermudian cannot own more than one home. We must preserve this land for Bermudians.”
Shadow Immigration Minister Trevor Moniz as complaints about the law’s impact begin emerging in July 2007: “Here we are with this quite severe and draconian legislation trying to deal with what has gone from a molehill to a mountain.”
Ronnie Viera, a Bermudian married to a Canadian, explains why he’s launching a campaign against the law in July 2007: “By being married to non-Bermudians, we are being treated differently and are not seen as equal to our fellow Bermudians. It is unrealistic to say a Bermudian can just go out on their own and buy a house, when you consider property prices on this Island and the nature of modern marriage."
Bermudian Jessika Fiedler-Johnson who had just married an American in July 2007: “My husband and I were looking forward to the prospect of finally owning our own home. We went to the bank, got our pre-approval and then, once we called our lawyer to tell him that we were bidding on a property and may require him to do the sale and purchase, we got a nasty shock. It would appear that my human rights are being ignored and that as a Bermudian married to a foreigner I am not on a level playing field with my fellow Bermudians.”
Minister Burgess’ replacement David Burch attacks critics as the deadline to obtain licences approaches in May 2010: “The law says that if you are living with a non-Bermudian, you are required to have a licence. Every year, I have pleaded with people to please come and do this because 2010 is coming.“Now suddenly it’s the Government's fault and we are the big bad wolf.“You cannot start with criticism because of your own incompetence, laziness, ignorance or just naivety in terms of honouring the law and expect I’m going to have some sympathy. I'm not.”
Minister Wayne Perinchief yesterday announces mixed-status couples will no longer have to get licences before buying land, as long as it is for their first home: “We have listened and taken stock of the evidence presented on the effect of this requirement on our people. The licence requirement has added considerably to the time required to close property transactions and has adversely impacted the intended purchasers.”
