House of Assembly as a Progressive Labour Party Warwick West MP is back in the headlines. It is an issue which does not go away although it took considerable time to surface after the last General Election.

It seems that the hierarchy of the United Bermuda Party was well aware of Dr.

Brown's situation during and right after the last election and did nothing during the 21 days they had to object to his sitting. We can only think that if Dr. Brown had lost the election the matter would not have been raised again. It seems that Dr. Brown's own party was aware of the problem with the Constitution and may have received bad legal advice.

We do not believe that a born Bermudian should be excluded from representing the people in Bermuda's Parliament. When the Constitution is amended the section which precludes Dr. Brown should be removed. However, the clause which applies to Dr. Brown was not objected to by anyone at the Constitutional Conference nor is it unique to Bermuda since it is a standard clause in most modern constitutions. Under the Constitution as it now stands, it is clear from very senior lawyers that Dr. Brown is sitting in violation of the Constitution.

There have been attempts in the House of Assembly and elsewhere to turn this into a political issue. As we see it, it is simply a constitutional matter which would apply to anyone being elected. The PLP itself seems to recognise the exclusion when it tries before the House of Assembly to rectify the situation. Dr. Brown himself has admitted that he became a United States citizen of his own free will while a doctor in the United States. He swore allegiance to the United States and swore to give up allegiance to any other country. Clearly he did that because, at the time, it was some advantage to him.

In yesterday's newspaper Dr. Brown was quoted as saying, "I will never choose any country over Bermuda.'' Yet he did exactly that when he took the oath and became a citizen of the United States. He then violated his oath to the United States when he was sworn in as an MP in Bermuda and took an oath of allegiance to the Queen which directly and quite specifically violated his US citizenship oath.

According to the Bermuda Constitution under which we all must live and which sets the rules for our lives, Dr. Brown is excluded because he chose citizenship in another country. Choice is the important factor. That does not apply to those Bermudians who by accident of parentage have dual nationality in Bermuda and the United States or those people born elsewhere who have chosen to become Bermudians. The fact is that many Bermudians who have US citizenship by accident of parentage decide to live in Bermuda and give up their US citizenship to avoid paying US taxes.

Bermuda must respect its Constitution as it stands until such time as it is amended. A country which denies its constitution is in danger. As we see it, politicians who represent the people should be first in line to uphold the Constitution.