the Legislature by The Hon. Jennifer M. Smith, J.P., M.P. Premier of Bermuda, August 18, 2000.

*** Rule 140 of The Laws of the Bermuda Company, promulgated in 1622, provided that "the Governor shall once, in every second year, hold a General Assembly for the making of laws, which shall have no force if they receive not confirmation in the Quarter court here (in London).

In this Assembly, the Governor shall sit as President and shall have a negative voice (veto). The council shall sit next to him, each with his several voices, but if they all join one opinion, that also shall have the force of another negative. And lastly each tribe shall, by election, send out four able persons, and the occupiers of General Lands, eight, who shall likewise have free voices in that Assembly where all things shall be established by plurality of voices, the aforesaid negatives reserved.'' Source: "The 375th Anniversary of Parliamentary Institutions in Bermuda 1995'' by Mr Colin Benbow The beginning of the third millennium, twenty years after the last major amendments to Bermuda's Constitution took effect, is an appropriate time to consider the modernisation of Bermuda's Constitution to further spread democracy in a country which boasts the `oldest Parliament within the Commonwealth outside of the British Isles''.

Modern day government in Bermuda is based on the Bermuda Constitution, which became effective in June 1968 and was the outcome of the Constitutional Conference hosted by the British Government in the UK in 1966. This Constitution gave Bermuda internal self-government and enlarged the number of seats in the House of Assembly to forty by splitting the parish of Pembroke into four constituencies to take account of population density.

The last Constitutional Conference was held in 1979. Changes made then allowed for the right to have an elected, or appointed, Attorney General and established the Senate as the successor to the old Legislature council. The Parliamentary Voting Age Reduction Act of 1989 lowered the voting age to 18 years, effective 1st January, 1990 and this change was reflected in the Constitution.

The basis for the consideration of constitutional change in Britain's Overseas Territories is set out in the UK White Paper, `Partnership for Progress and Prosperity', Britain and the Overseas Territories, presented to the UK Parliament by the Secretary of State for Foreign and Commonwealth Affairs, Rt.

Hon. Robin Cook, MP, by Command of Her Majesty in March of 1999.

In particular, Chapter Two of the paper contains the following specific statements: "Paragraph 2.7 The link between the UK and the Overseas Territories is enshrined in the constitution of each territory. The Overseas Territories believe that their constitutions need to be kept up to date and where necessary modernised. Each Overseas Territory is unique and needs a constitutional framework to suit its own circumstances. Suggestions from Overseas Territory governments for specific proposals for constitutional change will be considered carefully.

"Paragraph 2.8 The governance of the territories must have a firm base.

Democracy, human rights and the rule of law are all as relevant in the Overseas Territories as elsewhere. The principles which should underline modern constitutions are clear. There must be a balance of obligations and expectations and both should be clearly and explicitly set out. Future action will focus on: Measures promoting more open, transparent and accountable government; improvements to the composition of legislatures and their operations; improving the effectiveness, efficiency, accountability and impartiality of the public service; the role of Overseas Territory Ministers and Executive councils and their exercise of collective responsibility for government policy and decisions; respect for the rule of law and the constitution; the promotion of representative and participative government; freedom of speech and information; the provision of high standards of justice; adoption of modern standards of respect for human rights''.

The UK White Paper was debated in Bermuda's Parliament on the 23rd of July 1999, on that occasion Government stated that it "...is fundamentally opposed to the inequities enshrined in Section 52 of the Bermuda Constitution''. The Premier's opening statement reiterated the call for the removal of parish boundaries as the guideline on which electoral constituencies are based and reiterated Government's commitment to the establishment of single seat constituencies composed of an equal number, or as near as can be of registered voters.

In addition, Government's acceptance of the concept of dual citizenship and the increasing international recognition that citizens of times have ties to more than one country, the need for clarification of ambiguity in the wording of section 30 -- which currently gives to an interpretation that deprives born Bermudians of the right to serve their country as an elected member of Parliament -- was highlighted.

In keeping with a Platform commitment to "strengthen the Office of the Government Auditor'', the official designation "Auditor'' will be changed to "Auditor General''.

Finally, as recommended in the Civil Service Review Report and accepted by Government, provision will be made for the appointment of an Ombudsman.

Specifically, the Government proposes to seek amendments to the following sections of the Constitution: 1. Section 28 of the Constitution shall be replaced by the following: "Composition of the House of Assembly.'' 28. The House of Assembly shall consist of such number of members as result from the application of section 52 of this Constitution, and the members shall, subject to the provisions of this Constitution, be elected in the manner prescribed by any law in force in Bermuda.'' 2. Section 29 (a) of the Constitution shall be amended by substituting for the words "British subject'' the words "Commonwealth citizen (within the meaning of the British Nationality Act 1981).

3. Section 30 of the Constitution shall be amended: (a) by deleting subsection (1)(a) in its entirety; and (b) by renumbering (1)(b) 4. Section 52 of the Constitution shall be replaced by the following: Division of Bermuda into single-member constituencies 52(1) For the purpose of elections, Bermuda shall be divided into such number of constituencies as shall be established under subsection (3) of this section, and in establishing the boundaries of the constituencies, the boundaries of parishes may be ignored to ensure that the constituencies shall contain, so far as is reasonably practicable, equal numbers of persons qualified to be registered as electors under section 55 of this Constitution.

(2) Each constituency shall return one member to the House of Assembly.

(3) The number and boundaries of the constituencies shall for the first time be established in accordance with subsections (3) to (6) of section 54 of this Constitution on the basis of recommendations contained in a report submitted by the Constituency Boundaries Commission and boundaries of the constituencies shall thereafter be reviewed in accordance with that section.'' 5. Section 54 of the Constitution shall be amended: (a) in subsection (1), by substituting for the words "the parishes of Bermuda are' the words "Bermuda is''; (b) in subsection (2)(a), by inserting after the word "parish'' the words "or constituency''; and (c) in subsection (2)(b), by inserting after the word "parish'' the words "or constituency''.

6. Section 55(1)(a) of the Constitution shall be amended by substituting for the words "British subject'' the words "Commonwealth citizen (within the meaning of the British Nationality Act 1981)''.

7. Section 88 of the Constitution shall be amended: By inserting after the word "Auditor'', the word "General'' everywhere that that word appears in subsection (1),(2),(3),(4) (5) and (6).

8. The following new Chapter and sections shall be inserted in the Constitution after section 93: CHAPTER VIA Ombudsman 93A (1) There shall be an Ombudsman for Bermuda.

(2) The Governor, acting on the advice of the Premier after consultation with the Opposition Leader shall appoint the Ombudsman, by instrument under the Public Seal.

(3) No person shall be qualified to be appointed as Ombudsman if he is or has been within the preceding three years (a) a Senator or a member of the House of Assembly; or (b) the holder of any office in any political party.

(4) The office of Ombudsman shall become vacant; (a) at the expiration of the period specified in the instrument by which he was appointed; (b) if he resigns his office by writing under his hand addressed to the Governor; (c) if he becomes a Senator or a member of the House of Assembly or the holder of any office in any political party; or (c) if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, or for contravention of subsection (5) of this section.

(5) Subject to such exception as the Governor, acting in his discretion, may authorise by directions in writing, the Ombudsman shall not hold any other office of emolument either in the public service or otherwise, nor engage in any occupation for reward other than the duties of his office.

93B. (1) the Ombudsman shall have such functions and jurisdiction as may be prescribed by law.

(2) In the exercise of his functions, the Ombudsman shall not be subject to the direction or control of any other person or authority.'' The tabling of this report in the House today will allow for widespread debate while this draft lies on the House table over the summer recess.

It is proposed, subject to any further changes, to debate the amendment when the House of Assembly reconvenes in the fall. Should the amendments be adopted, an Order in Council will be sought to give effect to the changes.