December 23, 2003

The Right Honourable Bill Rammell MP

Parliamentary Under Secretary of State

Foreign and Commonwealth Office

London SW1A 2AH

Dear Mr. Rammell:

BERMUDA: APPOINTMENT OF CHIEF JUSTICE

I have and thank you for your letter of the 19 December 2003 passed on to me by His Excellency the Governor Sir John Vereker.

You should know that I share your concern regarding the controversy surrounding this matter.

I have to say, however, that constitutional authorities are suggesting there is neither constitutional nor statutory authority for the establishment of the “interview panel” whose recommendation you have expressly stated that you have “decided to uphold”.

Moreover, the elected Government of Bermuda had no role to play in establishing the composition of this interview panel and my views as Premier were not invited beforehand.

The Bermuda Constitution clearly establishes that the Governor cannot proceed to appoint a Chief Justice until he has first consulted with the Premier as the elected leader of the Government of Bermuda, who must himself beforehand consult with the Opposition Leader. This procedure was not followed. The Opposition Leader, in deferring to the deliberations of the interview panel, has clearly abrogated his own constitutional responsibility, a liberty which is not afforded to me.

As the leader of a Government which has promised greater openness and transparency to the Bermudian people, I am duty bound to keep the Bermudian public fully apprised of the developing facts. Bermudians are mature enough to understand that such diligence is entirely consistent with this Government's concern that the due and proper administration of justice in Bermuda should be of the highest level. It is unfortunate that you should characterise the issue as having become “the subject of political pressure”. With respect, you must surely acknowledge that your Government's position has added to both the pressure and controversy surrounding this matter.

You will also be well aware of the Bermuda Government's concern that the gains which Bermudians have won over the past three decades in administering our own internal affairs should neither be eroded nor reversed. The consultative mechanism established by the Bermuda Constitution requiring due regard to be paid to the elected leadership of the Bermudian people has been disregarded in favour of a colonial model which we thought had been relegated to history.

We shall advise you further of our intentions. In the meantime, I am and remain

Sincerely,

The Hon. W. Alexander Scott JP, MP