Scott: ?Bermuda Model? has flaws
Bermuda?s constitution may appear as something for other overseas territories to aspire to but it is not without its faults, Premier Alex Scott has told Cayman Islands? politicians.
Limitations on the amount of freedom Bermuda has to make its own decisions and agreements with overseas countries and international bodies such as the United Nations are amongst the drawbacks, according to the Premier.
And ? at the end of the day ? the UK-appointed Governor has the power to veto legislation approved by Parliament.
In some ways other jurisdictions, such as the Caymans and the Turks and Caicos Islands, have hidden ?nuggets? within their constitutions that he would like to see incorporated in Bermuda?s.
Mr. Scott expressed his thoughts during a visit to the Cayman Islands while attending the ruling People?s Progressive Movement party convention.
He said Bermuda and Cayman are ?constitutional fellow travellers? within the Commonwealth?s overseas territories.
?I must admit that while Bermuda may have what some describe as an advanced constitution, in my view Caymanians have passed into law a few legislative nuggets that leave me green with envy,? said Mr. Scott.
He mentioned the Cayman?s National Heroes and Quincentennial Awards and Quincentennial Wall of Honour in Heroes Square for those who have played a significant part in the history and culture of the territory, and its national song that had been passed into law.
Acknowledging that Bermuda has taken control of many of its own decisions with an internal self Government, he pointed out that there were still restrictions.
He said one of the strongest features of the so-called ?Bermuda Model? is that ?our Cabinet meets without the presence of the Governor at which time we deliberate freely, including ? should it be necessary ? on issues concerning the Governor and/or our relationship with the Foreign Commonwealth Officer in particular, and the UK generally?.
The Premier said Bermuda has many delegated powers to negotiate with foreign governments and international organisations on external affairs and the Island?s civil service is headed by a Bermudian Secretary to the Cabinet.
But, while Bermuda enjoys constitutional autonomy for decision making in a number of areas, the UK-appointed Governor has ultimate control over external affairs, defence, internal security and Police.
He conceded that in practice many of these decisions are delegated to Government Ministers, but it is the UK that holds sway on virtually all Bermuda?s aviation obligations, air service agreements with other countries, and on international bodies such as the United Nations.
Speaking of constitutional change he said: ?Both Bermuda and the Cayman are dependent on an international business sector that is wary to change. They are a sector that likes to work with jurisdictions that are stable, predictable and consistent.
?In Bermuda, the mere discussion of Independence, suggests uncertainty to them.?
He continued: ?Bermuda?s regulatory environment is one of its prime attractions for international business ? I suspect it may also be true of Cayman. One would have to ensure that in moving towards changing one?s Constitution, the stability of this environment would remain unchanged to ensure Cayman remains an attractive jurisdiction in which to conduct business.?
But Mr. Scott spoke of a degree of frustration felt that the UK is unwilling to risk giving Bermuda full responsibility for its own affairs.
As an example he mentioned ?far reaching shipping legislation that easily compares to that of the UK?.
He said: ?No matter how great our changes ? always it is just short of final control. Real control, real democracy, a true democratic constitution. For you see, we still must retain a certain number or percentage, of high ranking senior UK seamen on our Bermuda-registered ships.?
He also made reference in his speech to the ongoing negotiations regarding the space satellite industry and what he referred to as Bermuda?s compromised position because it can not conduct such deals for itself.
He said the Governor had the ultimate power to call a general election in a crisis, to establish offices and officers and veto legislation.
Mr. Scott expressed envy at the constitutional ?golden nugget? that allowed Turks and Caicos Islands to appoint a native Deputy Governor and a Judicial Services Commission that binds its Governor to accept its recommended appointments unless otherwise instructed by the Secretary of State.
The Premier said: ?Where was this constitutional ?nugget? when I needed it recently in a fight that I lost for a local Chief Justice??
He added: ?In Bermuda, the power to reject a recommendation and impose a personal selection currently lies completely in the hands of the Governor.?
Mr. Scott said Bermuda?s ?model? was not a panacea and he urged Cayman to look at all the constitutional options open to it.