Burch directs 'potential criminal' comment towards MPs
Housing Minister David Burch yesterday alleged that three opposition MPs never mentioned "their own potential criminal behaviour" when they called for next week's land licence deadline to be extended.
In a statement to the Senate in which he announced that the deadline would be extended from next Tuesday (June 22) to December 31, the Minister slammed Trevor Moniz, John Barritt and Mark Pettingill and attacked conveyancing lawyers as "people fuelled primarily by greed".
His outburst followed heavy criticism of the Immigration and Protection Amendment Act — a law passed in 2007 to prevent the illegal practice of fronting, which is when a non-Bermudian gains an unlawful interest in land by using a local "front".
The legislation gave foreigners three years to get a $1,375 land licence if they had given financial help to a Bermudian to enable them to acquire property — or face a five-year jail term and/or a fine of up to $1 million.
Those affected, including homeowning couples comprised of a Bermudian and an expatriate partner, had until June 22, 2010 to comply. Such mixed-status couples have been prevented from acquiring more than one property since June 22, 2007.
Sen. Burch told the Upper Chamber yesterday that the legislation was being reviewed "with a view to further refining or clarifying the law before the new December deadline" — something Shadow Attorney General Mr. Moniz has long called for.
The Minister used his parliamentary privilege — which protects him from being sued for defamation — to lash out at United Bermuda Party MPs Mr. Moniz and Mr. Barritt and Bermuda Democratic Alliance MP Mark Pettingill.
All are attorneys and work for the law firms of Moniz & George; Mello Jones and Martin; and Wakefield Quin, respectively.
Mr. Moniz lost a motion in the House of Assembly on Friday asking for an extension to the deadline and review of the law; the other two men spoke in favour of his motion during the debate.
Sen. Burch said: "I note with some interest and amusement the bleating of the three opposition legal critics of this amendment — Barritt, Moniz and Pettingill — who, while claiming to represent the poor foreign spouses of Bermudians, never mention their own potential criminal behaviour or that of their firms in the fronting of land purchases that this amendment was also designed to address."
Mr. Pettingill last night demanded a personal apology from the Minister and said it was "nothing short of an outrageous comment to make without foundation".
"I was just astounded to see that I would be lumped in with that type of comment," he said. "My firm and myself have always been absolutely diligent when it comes to ensuring that trusts are properly constituted."
UBP leader Kim Swan described the "personal attack" on the MPs as "beneath contempt".
"His words were not just inflammatory but they also distract from the public issue and represent a kind of gutter politics that serves no purpose but to bring Parliament into disrepute," said Mr. Swan.
"Sen. Burch appears to feel he has license to make disrespectful comments about people whose politics are at odds with his. It is negative leadership and it does nothing to uplift Bermuda."
Sen. Burch also had harsh words yesterday for the Island's property lawyers, who recently asked to meet him to outline concerns about the Act before the June 22 deadline.
"The cries of the conveyancing Bar of confusion surrounding the amendments and their inability to adequately advise their clients rings more than a little hollow as they have sat for almost three years and done nothing," claimed the Minister.
"Laws are drafted by lawyers and if members of that profession cannot follow simple instructions and adequately advise their clients, then perhaps they should seek a different line of work. To simply criticise the law at this eleventh hour is really an admission of incompetence."
He went on: "I am in no doubt that it is the promise of criminal prosecution that has fuelled much of the hysteria from the conveyancing Bar. Don't be fooled by the most recent outcry — it is from a group of people fuelled primarily by greed, who fear, quite correctly, that they stand to be prosecuted to the fullest extent of the law."
Bermuda Bar Council president Kiernan Bell said last night that the Bar Council and members of the conveyancing Bar "set out in detail their concerns" with the legislation in 2006 and 2007.
"Unfortunately, the concerns expressed were largely not taken into account and the bill which was passed remained expressed in deliberately broad and unclear terms," she said.
"This is a particular concern when the legislation creates new criminal offences as this legislation did."
She said lawyers approached the Minister again this year as the three-year moratorium on prosecution drew to a close — and remain willing to meet with him.
"Certainly we thank the Government for taking the decision to extend the period of time to forbear prosecuting offences under the Act and we hope that this time can be used constructively to craft legislation that is clear and achieves its intended purpose.
"So far as the Minister's disparaging remarks about certain law firms and the legal profession as a whole, I think that this is both undeserved and distracts from the very real problems with this legislation which need to be addressed."
Mr. Moniz said: "We are gratified to have our request, as set out in our House of Assembly motion debated last Friday, granted and that good sense has prevailed albeit at the eleventh hour.
"We hope that a sensible review process can now proceed. It would not be useful to respond to any personal attacks made."
Mr. Barritt said he had "no idea" what Sen. Burch was talking about, adding: "It is typical PLP politics. Attack and besmirch the messenger."
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