Barritt, Dame Lois fight it out over Boundaries Commission
Opposition MP John Barritt fears the Government is interfering with the independence of the Boundaries Commission by shackling it with instructions.
But Attorney General Dame Lois Browne Evans hit back by saying the Opposition were dragging their feet over constitutional change after claiming they supported it.
Mr. Barritt said the Government is breaking the Constitution by giving "terms of reference'' to the Boundaries Commission which is to get the job of deciding how many MPs there will be after Bermuda moves from twin-member seats to single seats.
Mr. Barritt said: "There is a provision in the Bermuda Constitution which makes it very clear that the Boundaries Commission cannot and must not be told what to do.
"Their only mandate is to follow what is set out in the Constitution.
"I have re-checked the paper presented by the Premier to the House of Assembly in August and there is no proposal to amend the above sub-section which ensures the independence of the Boundaries Commission.
"What other directions is it proposed to give the Commission? Who will decide those directions? "How it is proposed to give the Commission any additional directions in light of the Constitution? His comments follow a statement made by Premier Jennifer Smith at a meeting about constitutional change in St. George's last week.
She said: "I don't think we should tell the Boundaries Commission the number but I do believe we should give them guidelines.
"We have done that in the motion by saying no less than 20 MPs and no more than 40.'' And Dame Lois also told the meeting that the Boundaries Commission would get instructions.
She said: "We are giving them the census and the new terms of reference and we will get on with the job of democratising Bermuda.'' Last night Dame Lois said it was impossible to create a new role for the Boundaries Commission without creating new terms of reference. She said: "How could you not start with the whole section? "Obviously that's the whole section you want to change in the constitution -- the terms of reference for the Boundaries Commission.
"He's clutching at straws. I don't understand why he doesn't comprehend this -- this is what we want to change.
"If you are changing to single seats everything else is subject to consequential change.'' She said the Opposition was giving mixed messages on constitutional change by agreeing with the change and then raising objections at every turn. She said: "They say they are only against the process but they don't just talk about the process they talk about other things.
"I am getting tired of giving them a political education 101.'' Yesterday Mr. Barrrit hit back at claims by Dame Lois that he is scaremongering over constitutional change.
In yesterday's Royal Gazette Mr. Barritt said he feared not all the constitutional changes proposed by the Government were publicly known. And at the St. George's meeting Dame Lois admitted the plan to move towards single seats would mean various parts of the Constitution would have to be amended.
She explained fine-tuning would have to be left to London where Foreign and Commonwealth lawyers would make sure the language was legally watertight.
But Mr. Barritt defended his right to raise the issue.
He said: "We see it as our job and our duty as the Opposition to ask which questions and highlight answers which we think will draw out for the public that which the Government is planning.'' And Mr. Barritt said that the Premier's powers could be increased because she would have the power to amend the Boundaries Commission's decision.
He said: "This is an important point.
"Do we want the Premier of the day to still have the power to modify the recommendation of the Boundaries Commission if the new role of the Boundaries Commission is to decide how many MPs Bermuda should have?'' He said it wasn't a personal attack on current Premier Jennifer Smith. "It means any future Premier and Government as well.
"It is the principle to which we should be speaking. Constitutions are meant to survive the Governments of the day.
"We do not believe we would be fulfilling our responsibilities as an Opposition if we were to endorse a blank cheque for change.
"We do not believe the same should be asked of the people of Bermuda.''