The most current written authority on the subject is the Report of the Bermuda Independence Commission, dated August 2005. In my research for the lecture, it became readily apparent that relatively few Bermudians have actually read it.

The Report itself is some 73 pages in length but with all of the Annexes, copies of submissions, etc., amounts to over 600 pages.

For reasons that I believe will become apparent, I would suggest that the issue of citizenship and visa matters are of the utmost importance and perhaps one of, if not the most significant matter of concern, in the independence debate. That having been said however, it is of note that whilst the Report itself is 73 pages in length, only approximately four pages in total deal with the question of citizenship and visa matters in an independent Bermuda and even then, there is a great deal of duplication and repetition. In my view, this is a matter of too great of importance to receive so little attention.

In reviewing the present situation and putting it in context, it is necessary to review the historical development of Bermuda's relationship with the United Kingdom in so far as it relates to nationality and citizenship.

Although it may be obvious to some, Bermuda status is not in fact a nationality but rather a local designation applied by the Bermuda government. Technically, Bermudians are presently British Overseas Territory Citizens.

Bermuda is now officially a British Overseas Territory. This title has varied over the years from Colony to Dependent Territory, to now a British Overseas Territory.

At one time, Bermudians were not subject to any significant control in entering Britain.

The post-Second World War period saw the growth and availability of easy air travel and the availability of the masses to travel far more quickly and cheaply.

In the era of Enoch Powell, fearing a tidal wave of immigrants from the much poorer Commonwealth countries in the far East, Africa and the Caribbean, the United Kingdom brought into effect the Commonwealth Immigrants Acts of 1962 and 1968 which introduced controls which greatly restricted the ability of Commonwealth citizens and citizens of the United Kingdom and Colonies from the dependant territories to settle in the United Kingdom.

Following these acts, the of the United Kingdom was passed. This Act introduced the concept of the Right of Abode in the United Kingdom and ended the right of freedom of movement to the United Kingdom of Commonwealth citizens, including people from dependent territories (such as Bermuda).

In 1977, a consolidated paper on British nationality proposed that the status of citizenship of the United Kingdom and Colonies be divided into two new categories.

1. British citizenship for citizens of the United Kingdom and Colonies, with the right of abode in the United Kingdom; and

2. British Overseas citizenship for those who were subject to control under the .

Following representations received on behalf of the overseas territories, it was agreed that an additional category would be introduced in recognition of their special status.

The accordingly replaced citizenship of the UK and Colonies with three new forms of status:

1. British citizenship, for those with the right of abode in the UK;

2. British Dependent Territories Citizenship for those who belonged to dependent territories; and

3. British overseas citizenship for people not connected with either the UK itself, or any of the remaining dependent territories.

The 1981 Act also made provisions for people who were from Gibraltar to acquire British citizenship and a separate Act gave British citizenship to the Falkland Islands in 1983 after the end of the Falkland war.

It is of note that for those countries that went independent from the United Kingdom prior to 2002, their citizens were not afforded the opportunity to have full British citizenship before they chose to pursue a course to Independence.

By the 1990s, with the expectation that Hong Kong would return to Chinese control, it became known that Britain was considering granting full nationality to all British Dependent Territory Citizens once Hong Kong was no longer in the picture given the vast reduction in the number of people involved following Hong Kong's departure from the group.

It was at this point in history, that the former UBP Government, under the then leadership of Sir John Swan, following a narrow victory in the October 1993 election, determined to pursue a course towards independence. Going into the 1993 election, I had been a Senator in the UBP Government and following the election, remained a member of the UBP but out of the Government. I was so concerned about the unexpected and previously unannounced turn towards independence by the UBP, that I formally resigned from the UBP and thereafter actively participated with a group that opposed the independence initiative.

My strongly held view at the time was that it made no sense for Bermuda to proceed with a course to independence until such time as the possibility of acquiring full British citizenship had been explored. The UBP's Green Paper, presented to the House of Assembly on February 3, 1995, dealt with this issue in the following manner: ."

That section of the Green Paper concluded:

As we know, the Referendum following that Green Paper resulted in a significant no vote for independence at that time.

Subsequently, in March 1999, the British Government issued the paper "Partnership for progress and prosperity, Britain and Overseas Territories". In that paper, under Citizenship, the British Government stated:

On February 26, 2002, the came into effect. The effect of the Act was that anyone who was a British Overseas Territory Citizen, immediately before the commencement of the Act, was to become a British citizen on commencement. The Commencement Date was subsequently set as May 21, 2002. The offer of British citizenship in the Act is not reciprocal as far as immigration rights are concerned.

As a result of the passage of the Act, British citizens, who reside in overseas territories are not subject to UK immigration control and are therefore, able to enter the UK for purposes of leisure, study and employment without gaining prior permission. As British citizens therefore, Bermudians now are able to enter and live in the UK and build up the residence requirements relating to other benefits.

Under European Community law, having British citizenship also confers rights of free movement, residence and opportunities to work without a work permit in the EU member states.

Therefore, Bermudians now have an opportunity to study, live, work and reside throughout the European Community from the Black Sea to the Baltic, from the Mediterranean to the Arctic Circle, from the Balkans to the Atlantic.

Children born to British citizens on or after the 21st May 2002, will automatically become British citizens at birth if they are born in Bermuda, in another overseas territory or in the United Kingdom.

In my recent lecture, I gave examples from my personal circumstances as an illustration to see the effect of this transition in the law over the years.

I was born a British subject in Bermuda in 1953. As a result of the 1971 Immigration Act however, I did not have the right of abode in the United Kingdom and thereafter, no longer had British citizenship. My passport clearly had stamped in it that I was subject to UK immigration control and was not allowed to take employment in the United Kingdom. Therefore, when I went to University in 1971, and thereafter, studied for the Bar, I was not entitled to take a job in the UK and indeed, at the Bar, was not even entitled to take the practical exercise course because I would not have been entitled to practise law in the UK. In the circumstances therefore, right after qualification, I returned to Bermuda.

As a result of changes to the British law by the 1983 Act, I became entitled to the right of abode in the United Kingdom because my mother's parents were both born in Wales. Prior to 1983, one could not trace British nationality through paternity on your mother's side. You could only do it through your father's side. In the circumstances therefore, I was entitled to and subsequently did apply for, and obtain, a full British passport, which I continue to hold. Prior to obtaining this passport, whenever I went on business trips to Europe, I would often have to make plans well in advance and obtain the necessary visas to travel to the appropriate European country. However, after obtaining the full British passport, I now walk through the short line at Gatwick and thereafter, enter any European country with no inconvenience at all.

I however, have three children. All of whom were born British Dependent Territory citizens and who are now British Overseas Territory citizens. They were not entitled under applicable British law pertaining at the time of their birth, to obtain British nationality through me. However, since the passage of the , they are entitled to full British citizenship and therefore, can travel to England and Europe without any impediment, study in England without impediment, study in Europe without impediment, taking a job in the United Kingdome or Europe without impediment.

There are many examples of Bermudians who now find that they have been able to travel to the United Kingdom and Europe with far greater ease than hitherto was the case. There are examples of Bermudians who have moved to Britain and set up their own businesses. There are examples of Bermudians who now have found the ability to apply for and play for British professional sport teams far easier. Bermudians entering school and universities in the United Kingdom have found it far easier.

I have noticed however, that many in Bermuda are still uninformed as to the opportunities that the new nationality and Passport affords Bermudians.

All Bermudians presently studying in the United Kingdom now find it far easier to enter the UK and pursue their studies than previously was the case. In addition, all of them can take a job whenever they feel like it, can work to support their education and on completion of their education, have complete freedom to decide as to whether they wish to remain in the United Kingdom, to further their education or to further their work experience or indeed, to do the same thing in Europe.

If they wished to stay in England and/or Europe for the rest of their lives, they are free to do so.

Bermudian law students can now compete for places in UK law firms and in Barristers' Chambers on an equal footing with English students. They can decide whether to come home to practise or remain in the UK and obtain valuable experience and come home at a later time with this experience and thereby maximise their potential.

The UBP's Green Paper issued in 1995 before we had full British citizenship did recognise as set out above, the importance to Bermuda of Bermudians having the ability to seek employment outside Bermuda. In 1995, it was hardly envisaged except by a few of us that one day all Bermudians would be entitled to have this opportunity. Indeed, the UBP's Green Paper only referred to those few Bermudians who already possessed that right as a result of having dual nationality.

The Present Day

What will occur should Bermuda choose to go independent? The Foreign and Commonwealth Office did provide a written submission to the Bermuda Independence Commission under cover of their letter of May 6, 2005. The position as set out reads as follows:

What that clearly indicates is that should Bermuda proceed to independence, there is a high degree of certainty that all Bermudians would loose their British citizenship other than those who were already entitled to it prior to the 2002 Act. For example, I would continue to be entitled to it but my children would loose it.

What would be the result of this? The Foreign and Commonwealth Office paper sets out the following:are taken on the basis of the immigration threat to the UK. A judgment could onlt be taken in respect of

In effect, all of the rights that Bermudians presently enjoy in Britain and Europe today would be lost.

In requiring a visa to travel to Britain and Europe, Bermudians would go from the most advantageous position they have enjoyed to the most disadvantaged.

Nowhere in the Commission's Report is there any discussion of the adverse effects of this on Bermuda and Bermudians.

Nationality and Sustainable Development

We are an extremely small community, with limited resources. We have built an extremely strong economy however, that economy has now almost become one-legged and relies very heavily on the strength and success of international business and financial services.

Once again, using me as an example, I grew up on a farm at a time when farming was the principal conomic activity in Bermuda.

At the beginning of the Second World War, farming was 80 percent of the Bermuda economy. Today, it is less than five percent. When I was born, Bermuda could feed itself in times of emergency. That is no longer the case. There could be no question that the ability for Bermudians to work in Britain and Europe and to reside and live in those countries is an extremely valuable safety valve to Bermudians and Bermuda as a whole today and into the future.

As much as independence has been a matter of public concern in Bermuda particularly, over the last two years, so has the question of sustainable development. A recent prediction indicated that we would be 73,000 people by 2020. Look around Bermuda today. Where are we going to live? Where are we all going to work? We have developed more of Bermuda in the last 50 years then we did in the first 500 years of our history. There is very little of Bermuda left to develop. You will see that in every corner of Bermuda any area of land left to develop, is presently being developed. There are houses and condominiums going up everywhere. The next time you fly out of Bermuda on a clear day, you could be excused from thinking that it had been snowing in Bermuda as a result of the visual effect of the white roofs. Look at any aerial photograph of Bermuda to get the same effect. This is not so much a problem for us today as it is a serious problem for our children of tomorrow.

Given this scenario, what was the recommendation of the Bermuda Independence Commission? It was as follows:

That's it! Eight lines!

I would most emphatically recommend that until such time as the British Government has confirmed that British citizenship for those without a residual connection to the UK will be retained that Bermuda should not proceed to independence.

On a personal note, I opposed independence in 1995 on the basis that we should not go independent until we had at least explored the possibility of each Bermudian obtaining full British citizenship and therefore, European community rights.

Subsequently, to the surprise, but delight of many, we got all of that and more and I am now of the view that Bermuda should not go independent and thereby, not only lose everything what has been gained, but in fact, put our Bermudians in a worse situation then they have ever found themselves in before.

Conclusion

Today, the world is a much smaller place. In Bermuda, we like to think of ourselves as members of a global community with the freedom to participate in the global economy. Look at the cover of this year's Budget Statement.

Bermudians are great travellers and we would like to feel that we have the freedom to travel wherever we want, whenever we want, without impediment.

The substance of my lecture was to indicate that in Bermuda's case, to proceed to independence now, without maintaining full British citizenship for all Bermudians would result in the majority of Bermudians becoming less equal, having less rights, less liberty and far less ability to pursue happiness in the world of the 21st Century.