Govt. mulls about-face on land licence law
Government is considering changes to the controversial law that requires some Bermudians married or living with foreigners to get a licence for homes they own.
The news was announced by Junior Minister for Labour, Home Affairs and Housing Walter Roban after Shadow Attorney General Trevor Moniz tabled a motion in Parliament urging a review of the law.
Those who need the licence only have until June 22 to apply for one or face a jail term and/or a $1 million fine.
Mr. Roban did not specify the amendments under consideration to the law, which was branded as discriminatory by Mr. Moniz during the debate on the motion.
However, he stated: "Without pre-empting the Government process I can at least let this House know that this Ministry is considering possible changes that will provide some relief to some in the community who may have found themselves challenged by the provisions of this current legislation.
"I can let this House know that, but I cannot stop the right of the principal Minister (Sen. David Burch) to make a full announcement in time. Perhaps before this House is done for the summer."
He made no mention of whether the June 22 deadline will be affected.
During the debate on his motion, Mr. Moniz, who is also Deputy Opposition leader, raised concerns about the Bermuda Immigration and Protection Amendment Act. He claimed it has confused homeowners and lawyers alike, and needs rethinking due to the recession.
His motion read: "That this Honourable House urges the Government to review the Bermuda Immigration and Protection Amendment Act 2007, in particular with regard to restrictions placed on Bermudians with non-Bermudian spouses or parents, and to extend the amnesty period for those categories while the review proceeds."
The legislation affects Bermudian homeowners in cases where foreigners provide financial assistance for the acquisition of property.
Many married and cohabiting couples, where one partner is an expatriate, need a $1,375 licence under the Act, as well as homeowning Bermudians with a foreign parent who has put money into the property.
The law has, since June 22, 2007, banned Bermudians married to expatriates from having more than one property. It was introduced to prevent the practice of "fronting," where a non-Bermudian gains an unlawful interest in land by using a local "front".
Mr. Moniz agreed the long-standing problem of fronting did need to be addressed, but said the 2007 amendment took the legislation beyond that, and went too far.
He complained it penalises the wrong people and called for it to be amended so it doesn't affect spouses of Bermudians and Bermudian children with non-Bermudian parents.
He also called for a two-year extension on the June 22 deadline so Government can review the law.
"It addressed non-Bermudian ownership of land but it did so in a misguided fashion and created Frankenstein's monster, something more than what was needed and something that may do particular damage and may even destroy its creator," he said.
He also branded the legislation as "repugnant" because it discriminates against Bermudians who choose to marry non Bermudians.
"Unfortunately with this piece of legislation, what it has done is put upon Bermudians a discriminatory process where they have to purchase a licence... from the Government at considerable expense in order for a non-Bermudian to be on the property," he said.
"Why should a Bermudian be discriminated against, be disadvantaged, as a result of marrying a non Bermudian?"
Responding to Mr. Moniz's remarks, Mr. Roban said the law had been "carefully considered," and was needed to protect Bermudian owners of land.
However, he pledged to take the concerns of Mr. Moniz and others back to the principal Minister, Sen. David Burch, so he can consider suggested changes.
"This Government is listening, has listened, and is considering possible relief in the best interests of the Country," he said.
Mr. Moniz's motion was eventually defeated in a vote, however, with nine MPs in favour of it and 13 against.
The voting went along party lines, with all PLP members present voting against it, and all UBP members voting for it. Mark Pettingill, the only member of the Bermuda Democratic Alliance present, voted yes, while Independent MP Darius Tucker voted no.
