The Association for Due Process and the Constitution, a pressure group which opposes the handling of constitutional reform, is stepping up its campaign for maximum public involvement in the work of the Boundaries Commission and a constitutional conference before any further changes are made to Bermuda's constitution.

Yesterday, in a press release, the Association alleged that the ruling Progressive Labour Party (PLP) may be harbouring racial motives in its electoral reform ambitions.

Remarks made by Senator Calvin Smith on December 20, the Association says, “seem to indicate” that the PLP “intends to make recommendations to the Boundaries Commission which breach the letter and the spirit of the Order in Council of 21 August, 2001.”

“In his remarks, Senator Smith said the PLP intended to “put through” single seat constituencies so as to empower the black population,” the release states.

“However, the terms of the Order categorically state that ‘no account shall be taken of the racial distribution of voters in Bermuda'. Accordingly, the Association is of the view that the PLP may be about to act unlawfully if its submissions to the Boundaries Commission have the intention of favouring one race.”

With the first of a series of public meetings with the Boundaries Commission set for the end of this month, the Association is also encouraging the public to make submissions on the “widest range of possible solutions to the recognised ills in our electoral system” even if the submissions fall outside the terms of reference of the Commission.

And the Association will be holding a public seminar on January 18 to “help the public make educated submissions”, says Association president Sir John Plowman.

By an Order In Council which came into effect in August 2001, Bermuda's constitution was amended to empower the Boundaries Commission to make recommendations on the boundaries, and number of, constituencies (between 20 and 40) in a revamped single seat electoral system.

An Association-supported legal challenge of the process last year failed.

The Order requires the Boundaries Commission to seek the views of the public in its deliberations and is the first stage of a two step process for electoral reform being pursued by the British Government.

The Commission's recommendations and a report of a parliamentary debate on the matter will be sent to Whitehall, after which a decision will be made by the Foreign Secretary on whether further public consultation, by way of a constitutional conference or referendum, is necessary before a second Order in Council is made changing the system.

“The public are not constrained to discuss only single seats,” Association Secretary Warren Cabral says in the release.

“The terms of the Order do limit the Boundaries Commission but not so the people. Therefore there should be a free ranging discussion, and people are free to make submissions outside the terms of the Order. The Commissioners may disregard them, but the Foreign Secretary in London must be made aware of the diversity of view points in Bermuda, so that he will understand that a Constitutional Conference is still required at Stage 2 to resolve what system is appropriate in Bermuda.”

UK political scientist Professor David Farrell is scheduled to deliver a lecture at the January 18 seminar. David Farrell advised the UK's Jenkins Commission on Electoral Reform which in 1998 recommended the ‘non-proportional alternative vote' system as the best alternative to the ‘first past the post' system currently in use in the UK and Bermuda.

The Association also says that it will be publishing “sample submissions” for use by the public.

Besides accusing the PLP of potential and unlawful racism, the Association is also charging that a “farce” is being made of the public's right to be heard on electoral reform because census data will not be ready before the Boundaries Commission has its first meetings with the public at the end of the month.

“How can the public express a view on the number of MPs when they will not know the population statistics. The Government Statistics office informed us the census data will not be ready until the end of February and yet the Boundaries Commission proposes to open its public hearing three weeks before any meaningful data is available. The public right to participate is being undermined.”

Boundaries Commission chairman, Sir Frank Blackman, announced last month that several Government departments had been asked to provide information to assist in its deliberations in time for the first public meetings.

Contacted by The Royal Gazette the Island's Chief Statistician Janet Smith Bradshaw, said that census data requested by the Commission is ready.

“They told us some time ago what they wanted and it's ready,” she said.

In its press release the Association reiterated its belief that the Boundaries Commission's plans for public participation do not go far enough.

“Under the current arrangements announced for the conduct of the Commission it is likely that the public will not see the exact proposals of the PLP or the UBP, so as to grasp their significance and be able better to form an opinion on the subject and make their views known to the Commission as required by the Order,” Association vice-president Stanley Ratteray is quoted as saying in the press release.

“It is for that reason that the Association continues to argue that all the material proceedings of the Commission needs to be held in public, and is prepared to seek clarification in the courts, if necessary. Freedom of Information and public access is paramount.”

He adds later: “What Senator Smith is clearly advocating is that elections should be determined by race and not by votes. If that is the case, and this is the PLP's position, then this is a particular reason why the public needs to see their submission to the Boundaries Commission.”

Sen. Smith could not be reached for comment by presstime.