Attorney General says Premier acted within the law when he brought former Guantanamo detainees to the Island
Premier Ewart Brown's decision to allow four Guantánamo detainees to resettle on the Island was a lawful one, said Attorney General Kim Wilson.
Speaking for the first time on the controversy, she told the Senate that the line between domestic and foreign policy is blurred in today's climate.
And she confirmed it is in Immigration Minister David Burch's remit to decide who can reside on the Island a belief expressed by Dr. Brown.
Governor Sir Richard Gozney has said it should have been the UK's decision because it pertained to foreign policy.
"Some may not interpret the legislation as I did," Senator Wilson stated. "As I read it, it is clear the Minister, and his decision to allow them to land and remain, is within his discretion."
Her comments came during a take note motion tabled by Sen. Michael Dunkley yesterday.
The motion stated: "That the Senate take note of the process by which four former inmates of Guantánamo Bay prison camp in Cuba were relocated to, and have been promised residency in, Bermuda."
Said Sen. Dunkley yesterday: "The Attorney General has also been conspicuous by her silence and this silence is even more deafening as one would expect that an Attorney General would make an official statement.
"I now ask the Attorney General has the Constitution been breached?
"Or perhaps the Attorney General does not in fact know what took place, was not asked for her learned opinion, or is being silent to protect a position."
The Constitution states the Governor is responsible for foreign affairs.
However Sen. Wilson said the 1968 constitutional order was 40 years old, a point touched on in a recent report by former Foreign Office Minister Lord Triesman.
"In this report, it states because the world is so interconnected the line between what is foreign policy and what is domestic policy is blurring," Sen. Wilson said.
She added it was her interpretation of the Immigration Act that Minister Burch was able to grant permission for people to land or reside in Bermuda. However, she stated, it was also her interpretation of the law that the four Uighurs were not eligible for permanent residency certificates.
