February 16, 2005

I enjoyed our meeting here on January 18, and I appreciated the clear picture you and Phil Perinchief were able to draw of the way in which you propose to lead the Bermuda Independence Commission in its important task. Let me take this opportunity to reaffirm my commitment to helping the Commission in any way we can, whether by way of facilitating meetings in London and elsewhere, or by way of clarifying issues for which the United Kingdom is ultimately responsible. The Deputy Governor and Mr. Perinchief have already had some useful discussions about possible visits, and Mr. Perinchief has agreed to provide an indication of the topics to be covered in each them.

Meanwhile, it may be helpful for me to record more formally than could be done in our meeting the position of the UK on two issues that arose during our discussion. These are our general approach to the possible independence of our Overseas Territories, including the means of determining whether independence is the clear wish of the people; and the particular issue of nationality and citizenship in an independent Bermuda.

The United Kingdom has long supported the principle of self-determination for its Overseas Territories. Each of the remaining Territories has the right to remain British if that is what they want. In return we expect, and are committed to ensuring, high standards of probity in governance, the maintenance of law and order, sustainable economic development, and adherence to relevant international agreements, including those which relate to offshore financial services. But we will give every help and encouragement to those Territories who wish to proceed to independence, where that is a realistic option.

When your Commission has concluded its work, a decision will have to be taken whether to move to the next stage, the active negotiation of independence arrangements, or to put the issue aside for a further period. Any decision to proceed to independence negotiations must reflect the clearly and constitutionally expressed view of the people of Bermuda. You and Mr Perinchief pressed me to elaborate on that. We do not need to specify it now. But the move to independence is a fundamental step. Increasingly, in the United Kingdom, major constitutional issues of this kind are being put to a referendum. At this time, the presumption of the United Kingdom is that a referendum would be the way of testing opinion. A final decision on whether to go the referendum route, and what form a referendum might take, would need to be determined by the United Kingdom. As you may know from newspaper reports, Mr. Bill Rammell, the Foreign Office Minister responsible for the Overseas Territories, has written to the Hon. Premier to this effect.

The issue of nationality and citizenship is always a complex one in independence arrangements. The details would be a matter for negotiation, following which the nationality consequences of independence would be dealt with in an Act of the United Kingdom Parliament. I can, however, say that I have no reason to suppose that they would be materially different from the arrangements made at the time of independence of many of our other former Territories. The main elements of these were that British nationality was withdrawn from the majority of those acquiring citizenship of the new state, but that provision was made for its retention where the person concerned had a residual connection ? for example through a parent or grandparent ? with either the United Kingdom or a remaining Overseas Territory. There are several detailed issues involved with nationality that would need to be looked at in the course of any constitutional conference on independence.

As you know, I was delighted to hear that the Commission will be operating openly and transparently, with material submitted to it being placed on its web site. In that spirit I am arranging for a copy of this letter to be placed on the Government House web site, and I would be happy for you to place it on yours. I look forward to working with you in the months ahead.

I am sending a copy of this letter to Phil Perinchief and, as a courtesy, to the Secretary of the Cabinet.

cc: Mr. Philip Perinchief

Secretary to the Cabinet