UK MP's frustration that Bermuda has not adopted inquiry recommendations
A British MP who participated in an inquiry into the Overseas Territories is "frustrated" none of the Bermuda recommendations have been implemented, 19 months on.
Andrew Mackinlay visited the Island with colleagues from the Foreign Affairs Committee (FAC) in March 2008. Their report, released four months later, contained a raft of recommendations. These included phasing out conscription to the Bermuda Regiment and reviewing voting rights for long-term residents neither of which has been acted upon.
Other recommendations were outlawing discrimination based on sexual orientation and bringing in freedom of information legislation.
Premier Ewart Brown has pledged through his press secretary that an amendment to the Human Rights Act to outlaw discrimination based on sexual orientation will be tabled but it is yet to happen. Public Access to Information Legislation has been drafted, but has not been tabled.
Dr. Brown was highly critical of the FAC report when it was published, telling the House of Assembly it "jeopardised" the reputations of the Overseas Territories and contained "sweeping generalities" based, in some cases, on "inaccurate information".
He also accused the committee of being sympathetic to the Opposition something the FAC strongly denied.
Reflecting on the report this week, Mr. Mackinlay said ideally, the Bermuda Government would have embraced the recommendations and acted on them. But failing that, he wishes the UK had pressed for them to be implemented.
"It's been quite frustrating because to tell you the truth, the Foreign and Commonwealth Office, who I am critical of, do wash their hands of responsibility for the Overseas Territories. I suppose from their point of view, they're not looking for work or things which would cause irritation, and they're quite willing to let things sleep. Well I'm not prepared to acquiesce in that," he said.
Mr. Mackinlay supports the campaign by Bermudians Against the Draft to get military conscription outlawed. The policy was dropped in the UK in the aftermath of World War Two. The campaigners went to the Privy Council in London this week Bermuda's highest court of appeal in a bid to achieve their goal. The ruling is still pending, and Mr. Mackinlay hopes it will be in their favour. He would also like to see the Human Rights Act amended so people cannot be discriminated against on the basis of their sexual orientation.
"These, in my view, are principles that matter for us in London as much as the Government and Parliament of Bermuda. The details of equality legislation are clearly a matter for the legislature of Bermuda but we need to be satisfied it reaches what are described as European Union norms. Even though Bermuda is not a member of the European Union the criteria, the standards, should apply," he said.
"In relation to conscription, I have two issues. The first is that outside of the extraordinary circumstances of major conflict I don't think a modern democracy should conscript service personnel. I'm not opposed to it in extremis. But it should only be exercised very sparingly, and I cannot see any justification for there being any form of military conscription in an Overseas Territory."
He would prefer the focus shifted onto Bermuda contributing to a non-conscripted maritime force that would help keep the wider region safe from drug and arms trafficking. However, he said that if conscription continues to operate there should at least be gender parity, with women conscripted too.
"I've been very disappointed and frustrated at the inability of the Foreign and Commonwealth Office to address this issue. We would not accept such comparable gender discrimination here in the United Kingdom it simply would not be acceptable today. I would have thought it would be unlawful both in terms of United Kingdom law and European Union law," he said.
"I await with great interest the judgment of the Judicial Committee of the Privy Council. Obviously I would hope that they find in favour of these people who have pursued this case very bravely, with great diligence and some degree of sacrifice."
Mr. Mackinlay is interested in Government proposals to introduce a national voluntary service programme for 24- to 30-year-olds, which would encourage them to volunteer for 16 hours per month for two years. Incentives could include low-interest bank loans, free public transportation, credits for further education awards, discount cards for local retailers and lower TCD licensing fees.
Government proposes that men conscripted into the Regiment who serve 12 months or more could request a transfer to the national service programme instead of completing the full three years and two months of part-time service. However, Mr. Mackinlay noted with disappointment that the scheme has not been presented as a method of phasing out conscription.
"I applaud the Government's initiative and it may be something we could learn from here in the United Kingdom. To motivate and facilitate and encourage young people to have a broader experience of life, to contribute to their community, I give any Government full marks that does that. But that cannot justify the continuance of military conscription they are two separate issues," he said.
Mr. Mackinlay has served as an MP for Thurrock, in England, for 18 years. He is due to retire at the next general election, which is likely to be held in the next few months. Asked if he believes the topic of governance in the Overseas Territories will continue to be pressed in Westminster once he leaves, he said some of the other members of the FAC will be leaving too, and it's "anybody's guess" which way the election will go.
However, he pledged: "I'm going to do everything I can to persuade that there's an ongoing examination."