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New laws are left to gather dust

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A slew of laws not yet brought into force are sitting on Bermuda's statute books, some of them almost a decade old.

An official list compiled by the Attorney General's Chambers cites 23 laws or parts of laws which have been debated and passed by parliamentarians but have yet to come into effect.

The legislation — dating back to 2001 — covers everything from controlling dogs and pesticides to the adoption of children, the use of speed detection cameras by Police, the licensing of health service businesses and the recording of court proceedings.

Opposition MPs claim the list is too long and have questioned why certain bills were pushed through the House of Assembly, only to lie dormant after being approved.

Shadow Attorney General Trevor Moniz said: "The unacceptable thing is that so often these matters are rushed into the Legislature at the last minute, at the end of a session and in a huge panic.

"When we protest at the 'last-minute-itis' we are told the matter is urgent and the rush is unavoidable. Then we see that some of these same urgent matters are then never put into operation. This is disappointing in the extreme."

Mark Pettingill, Bermuda Democratic Alliance's justice spokesman, said: "I'm totally shocked to see such an extensive list going back over the last ten years.

"Clearly, there are individuals — Ministers or their staff — that should be held accountable. Frankly, it's a waste of time and public money if we are sitting up debating matters in the House of Assembly, only to have them sit around and not officially pass into law."

The Royal Gazette asked all of the Ministries responsible for the laws why they were not in force — but not all provided answers (see separate story).

Attorney General Kim Wilson gave detailed information for the legislation falling under her Ministry of Justice and pledged to bring one item into effect this week.

We told the Ministry of Labour, Home Affairs and Housing that a five-year-old law, increasing the maximum financial penalty for employers who abuse the rights of National Training Board apprentices from $500 to $10,000, was still not in force.

Acting permanent secretary Rozy Azhar said a commencement date would be published in the next Official Gazette.

Senator Wilson said there could be a variety of reasons why other laws had yet to be implemented.

"In the majority of cases, it's because there is some administrative process that must be completed in order for the Act to be implemented."

She said the Justice Protection Act 2010, which was passed in August and will allow vulnerable witnesses in criminal trials to be sent abroad and be given new identities, was a perfect example.

"We have to set up the [Justice Protection] Unit first. It's an administrative process, which is being ironed out as we speak."

Sen. Wilson added: "Sometimes, legislation is coupled with regulations and we need to put the appropriate regulations in place for the law to be in force.

"And part of it may very well involve ministerial shuffling. I think perhaps, with a change of Minister, priorities shift. Another Minister may take a different view of the significance of certain legislation.

"[In my case], nobody anticipated that the crime wave was going to take the turn it has in recent years. With Justice comes issues concerning Police and crime. I had to shift focus."

• The full list of laws not in force is available at www.bermudalaws.bm. Let us know which ones you want to see in effect by e-mailing news@royalgazette.bm.