Referendum the right route, insists Premier
direction the Island should go, Premier the Hon. Sir John Swan said as he opened yesterday's House of Assembly debate on the Independence Referendum Act.
Sir John said the world had changed during the recession as dramatically as it changed during the fall of the Roman Empire. He said there were no longer any Super Powers, and Bermuda must change along with world changes.
Concerning the United Bermuda Party's call for the Commission of Inquiry leading to a referendum, Sir John said: "Our people should be given the chance to make such an important decision themselves.
"The referendum will allow the public to make a decision. We want to make sure the public can make an input which is not simply a representation of their political views.'' He said the Independence debate had already started throughout the country and it was the Government's job to educate people.
The Premier's speech was interrupted by House Speaker the Hon. Ernest DeCouto who determined that an Opposition motion to reject Government's referendum plan should be heard.
He said it should be heard after MPs debated the Referendum Act which would also establish a Commission of Inquiry into Independence.
Sir John argued that the Commission was being set up in anticipation that there would be a referendum at a later date.
And he questioned whether a motion could annul an Act of Parliament if it had already been passed.
Mr. DeCouto checked his rule book and decided to allow the debate on the motion to quash the plans for a Commission of Inquiry. His decision was greeted by cheers from the Opposition benches.
In his speech opening the debate, Sir John praised Britain, the "Mother Country,'' for providing Bermuda with institutions like Parliament and the legal system.
He said: "It is important that we give recognition to the British community as a whole and thank them for their continued support.'' Sir John said he felt the PLP's call for a General Election on the matter was wrong because a General Election did not address the bigger issues. He said an irreversible decision like Independence should not be decided by an election.
"Most countries have uneducated people, unemployed people and people who do not read, but in this country we have people who are participating from all walks of life.'' Sir John said Bermuda had never held a Commission of Inquiry before a referendum but "there is no reason why we shouldn't do it''.
He said an inquiry was the only logical method through which the public could make a clear decision on the issue.
The referendum was not intended to to undermine the authority of MPs. Rather it was intended to supplement the Parliamentary process by letting MPs know what the public felt on a particular issue.
"I'm not here to argue whether I'm pro Independence or not,'' Sir John said.
"I'm here to give people a chance to have a say.'' It was critical to let people have such a say in Bermuda, he said. It would promote understanding which was needed in a small island society.
In the US, Canada and England, he said, people had the option to move to another part of their country or trading block if they didn't like where they lived. But that option didn't exist in Bermuda, making for a greater need for national understanding.
Sir John said people had been interpreting the referendum as his intention to rush the country to Independence.
"I would suspect that the Country and its health will be better off for the exercise,'' he said. "There will be less division when the people understand what it's all about.'' Referendums had been used as tools to further democracy and understanding of issues. Recent examples included referendums in Denmark on the Maastricht Treaty, England on European community membership and Bermuda on capital punishment.
Sir John said the referendum was being organised to help Bermuda understand itself at a time it was at an historic crossroads.
Currently, Government was in the midst of a number of projects to help the Country come to grips with historic change: the takeover of military base lands, the Commission on national competitiveness, the task force on employment and revamping telecommunications.
The Premier referred to changes in the world -- "a new world order'' -- that he wanted Bermudians to understand.
"This is not an election issue. It's an education issue,'' he said, rejecting the Opposition's call for an election on Independence as "not the way to go''.
The Premier said the Opposition motion to reject an Independence decision was intended to hijack the process. The motion would deprive Bermudians the right to be properly informed. "It would do damage to the country,'' he said.
Opposition Leader Mr. Frederick Wade said the Premier's speech had not enunciated arguments for going to a referendum on Independence.
Rather than talk on the issue of the referendum route, he had been talking a lot about preparing Bermuda for the future.
"Is the referendum designed to take a poll on Independence or not?'' he said.
"That's why we're here today.'' But Mr. Wade said the exercise could lead to all sorts of misinterpretations on the Premier's part. If the vote is yes, he predicted, the Premier would be on the next plane to London to organise a conference to take Bermuda to Independence.
Yet the referendum result would not furnish him with instructions on what kind of Independence Bermudians wanted.
He attacked the Premier's explanation that the United Bermuda Party's election manifesto contained a statement telling voters of an intention to move toward Independence. A first grader would say the statement says nothing about such an intention, he said.
The move to an Independence referendum was part of a hidden agenda "that we're coming to expect from this Government ...'' Mr. Wade noted the surprise move to an Independence vote occurred shortly after an election in which the UBP had accused the Progressive Labour Party of having secret plans to take the country to Independence if it won the election.
The Premier's handling of the matter stood in contrast to his statements on participatory democracy.
The PLP, he said to shouts of support from his MPs, had been in the vanguard of making Bermuda democratic "and we had to fight the UBP to do it.'' Mr. Wade said his party was concerned about a prevailing Government attitude that aimed to "keep them in their place.'' The referendum act carried threads of it in Commission of Inquiry provisions for contempt of court and perjury "if you don't speak what the Commission of Inquiry wants to hear''.
Mr. Wade challenged the Premier to call an election on the issue. He said voters would be able to learn and vote on the question in relation to significant related issues such as NAFTA and citizenship.
The Opposition Leader also criticised the Government for handing powers back to the British in the setting up of the Commission of Inquiry.
"We worked so hard on this side to get the British out of our affairs,'' he said. But "at the stroke of the pen'', the Premier had handed back to the British Government the question of whether Bermuda wants Independence from Britain.
"Whether Bermudians want Independence or not is a Bermudian matter,'' he said. "Yet we've delegated back to them the power of Cabinet . .. by bringing into it the Commission of Inquiry.'' Mr. Wade tried to flush out UBP members on where they stood on Independence and the referendum.
"Is the Premier alone? We haven't heard yet whether the Government is for or against Independence.
"If you're against Independence, how can you vote for an Independence referendum.'' Mr. Wade said he had heard various reasons why the United Bermuda Party was launching a referendum.
One was it needed a new agenda to prevent the Progressive Labour Party's "headlong rush to power''.
Another was that Sir John was searching for a place in history so he could become Bermuda's first Prime Minister.
Mr. Wade said Sir John had little to show for his 12 years as Premier.
Lowering the voting age to 18 happened during his Premiership, but this only happened because of pressure from the PLP.
Mr. Wade said there was no doubt where the PLP stood on Independence. It favoured it.
But for 29 years the Opposition had faced a Government opposed to Independence, said Mr. Wade.
Mr. Wade turned to the timing for the referendum, saying Sir John only had to give one week's notice.
He could have it done quickly without a broad discussion, said Mr. Wade.
Alternatively, Sir John could do it while the students were away.
Mr. Wade then focused on who should be able to vote at a referendum.
"There is a feeling the question of Independence should be decided only by Bermudians -- some say only Bermudians by birth.
"We say by birth or grant.'' Mr. Wade said by declaring people on the electoral register could vote opened the door to a group of non-Bermudians.
He described it as "repulsive'' that foreigners should have a say on such an important issue.
With the help of computers these non-Bermudians could easily be eliminated from those eligible to vote. "One foreigner is too many.'' Mr. Wade urged Sir John to write an election platform including Independence, and then go to the Country. Independence was too important to be decided by a simple "yes'' or "no'' vote.
It raised a host of other questions, such as would Bermuda after Independence allow dual citizenship. "A referendum is a poor tool and a wrong tool to determine people's feelings about Independence.'' Mr. Wade said the Referendum Bill stated a simple majority would decide a referendum's outcome. But it did not make clear what majority.
It could be a majority of those eligible to vote -- but what would happen should there only be a ten percent turn-out? Mr. Wade said Government had not made it clear what steps it would take after a "yes'' referendum vote.
The Opposition's stance was very clear. After a general election, the ruling party would go to the United Kingdom and ask for a constitutional conference to discuss an Independence constitution.
The Bermuda Government would then invite parties to hammer out an Independence constitution.
"Each party will go to Bermuda with a platform.'' The House of Commons in Britain would then rule on the Independence Bill, which would be discussed by MPs in Bermuda.
A general election would then be called based on the new constitution. "We haven't heard from Government what they understand will happen after a referendum.'' Mr. Wade said a referendum -- unlike a general election -- did not empower Sir John to go to Britain and discuss his form of Independence.
He added no country in the Commonwealth had achieved Independence through a referendum and a Commission of Inquiry.
Mr. Wade went on to attack the proposed Commission of Inquiry, which he likened to an inquisition. People could be subpoenaed to appear before it, and face perjury charges.
The threat of perjury or Police arrest should have no place in a philosophical discussion on Independence.
Mr. Wade said his party had a "passion'' for democracy.
It did not want to see a post-Independence Bermuda ruled by a dictatorship or oppressive state, which believed in "Government by Cabinet decree''.
Deputy Premier and Labour Minister the Hon. Irving Pearman said the debate demonstrated the philosophical differences between the two parties.
He said the question of methodology was central to the debate.
Mr. Pearman criticised Opposition MPs who compared Bermuda with the Caribbean's drive for Independence.
"To say that the circumstances of Bermuda today are typical to those that prevailed in the Caribbean in the '50s and '60s is unfair.'' Mr. Pearman said Mr. Wade had outlined the PLP's understanding of the Independence route, including the need for a constitution conference. Of course, there would be a constitution conference -- but now was not the time to debate such details. "We must not get ahead of the process.'' Mr. Pearman said the PLP's belief an election was the route for Independence was flawed.
It would be wrong to mix Independence with all the other issues thrown up during an election. That would lead to confusion.
Mr. Pearman said the Opposition had wanted Independence on the agenda, and Government had done that.
On those eligible to vote, Government's position was quite clear. Everyone on the electoral rolls had the right to vote, said Mr. Pearman. "This Government will be bound by the results of the public referendum.'' He added: "The UBP party will be responsible to its commitments as it has always been.'' Shadow Labour Minister Mr. Alex Scott said it was "disturbing to say the least'' Government should choose the referendum route for Independence.
Government have claimed it was just engaging in a fact-finding and educational exercise -- and not pushing for Independence, said Mr. Scott. "But we have heard this before,'' he added.
Mr. Scott said Sir John, according to an article in The Royal Gazette on January 30, 1988, had promised a "big debate'' on Independence.
Was this the big debate? "I assume it is,'' said Mr. Scott.
Mr. Scott continued by drawing parallells between Bermuda and Egypt. He said Egypt's struggle towards Independence culminated in the Suez Crisis.
This saw Egypt go "up in flames'', followed by a British withdrawal.
But Mr. Scott said Britain wanted a pact giving it a presence in the Middle East, Turkey, Jordan and Egypt. This left Egypt's leader, Nasser, facing the question: What was the point of showing Great Britain the front door, when it could sneak in through the back? "That is what we are being asked to do here,'' said Mr. Scott.
Mr. Scott attacked the idea of letting the Governor name appointments on the Commission of Inquiry after consultation with party leaders.
He went on to say how Bermudians had been "psychologically burdened'' by the British.
"We have been put in psychological prisons. There are no thicker bars than the bars in the mind.'' The legacy of the British could also be seen in the streets, schools and Police.
It could even be seen in the colour of people's skin and their hair. "Some have red hair,'' he said.
Mr. Scott slammed the way the push for a referendum had been decided.
The decision was made by a "closed group of the private sector''.
The UBP should have let Bermudians decided, said Mr. Scott.
Mr. Scott said Bermudians wanted the chance to chart their own destiny. What would happen if the UBP Government was given a "yes'' vote in the referendum? Bermudians may find little happens, apart from the fact Government no longer used a "middleman'' to carry out its business.
Human Affairs Minister the Hon. Jerome Dill said the purpose of the Bill was to educate people about Independence.
"We are not very concerned about moving headlong to Independence.'' Mr. Dill said Bermuda had chosen the UBP Government to lead.
Sometimes listening was the best way to lead -- and this was what Government was intending through the referendum.
"The Referendum Bill is simply a means of putting the question to the people of the Country once we have educated them.'' Mr. Dill questioned the PLP's arguments over who should vote in a referendum.
In an interview with The Royal Gazette , Mr. Wade said he was against a referendum because it would deprive a group of non-Bermudians the chance to vote, said Mr. Dill. Now Mr. Wade and his party were saying this group should not be eligible to vote.
"Perhaps their position has changed. That's fine people change their minds, but the people of the Country have a right to know.'' Mr. Dill said Government may still use forums, pamphlets, and television to educate Bermudians about Independence. There was nothing in setting up a Commission of Inquiry which excluded these approaches.
Mr. Dill said he wanted to hear an end to the "muddled thinking'' behind Opposition claims that a referendum was undemocratic.
He added he was aware people were concerned about what Government was doing.
But this should not deter Government from doing what it believed to be "fundamentally'' right.
Mr. Ottiwell Simmons (PLP) said he had felt humiliated at international conferences because Bermuda was a colony. It meant Bermuda did not take part in important votes.
Mr. Simmons said he and Mr. Pearman had also received a poor welcome in Britain. "I was almost spanked,'' he said, recalling a time he was told he could not work in the UK. "As far as I can see there is no benefit to our being associated as a colony to the UK.'' Mr. Simmons challenged the UBP to state its position on Independence. If it did so, then "we wouldn't be here bickering on Independence''. Mr. Simmons said the two parties could then come together and decide the best methodology.
He added colonialism was "out of fashion, time, and vogue.'' "It is out of step and Britain has no benefit in keeping Bermuda.'' Mr. Simmons said he was "scared stiff'', however of letting the UBP Government guide the Country to Independence.
Finance Minister the Hon. David Saul described the Referendum Bill as a "people's thing''.
"The Bill epitomises a Bermuda consensus.'' He described Mr. Scott's comparison to Egypt as "poppycock'', which reflected the PLP's "nebulous'' line of thinking.
Dr. Saul said Australia would be a better model for Bermuda, which had been a self-governing colony since the 1600s unlike many other British Empire territories.
Australia achieved Independence following referenda, and a Statute of Westminster.
A referendum would be a better route for Bermuda than a "severe and hard-fought election''.
Dr. Saul said a general election could not hang on a single issue.
And he stressed people should not let the Opposition "hoodwink'' them that a referendum was being sprung on them. "During the five years we will be bringing a series of bills that are not in the Blueprint.'' Dr. Saul said the Blueprint was just that -- a blueprint.
Debate report to be continued in tomorrow's Gazette.