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PLP senators fear influx of status children

could cause a wave of new Bermudians to reach the Island's shores, Opposition Senators predicted yesterday.

"The status floodgates will be open once again,'' Senate Opposition Leader Sen. Alex Scott said.

But Government and Independent Senators said the legislation righted a wrong by given Bermudian women the same rights as men.

The law gives the foreign-born children of Bermudian women living abroad the right to status.

As many as 1,000 children of Bermudian women living abroad could be affected by the legislation, the Progressive Labour Party Senator said. And they would all be entitled to live and work here.

"This matter has ramifications that I doubt Government has considered,'' he said.

Sen. Scott went on to hint the legislation could be an election ploy. He said: "These individuals... may go off to one office to register to be Bermudian, and another to register to vote. And if an Election happens to be this year, they will be eligible to vote now.'' But the Opposition and the three Independent Senators threw their support behind the bill, which was passed unanimously.

Government Immigration spokesman the Hon. Maxwell Burgess explained the law provided for Bermudian women who give up their right to domicile on the Island to enjoy the same rights as Bermudian men. They too would be able to pass on Bermuda status to their children, he said.

The law further provided for the retroactive granting of Bermuda status to any child born of a Bermudian women from 1956 on.

They would be able to make application through the Bermudian Status by Birth or Grant Register.

"This legislation will remove discrimination against women who have had children born overseas but who were not allowed to be Bermudian,'' he said.

Sen. Burgess admitted the legislation might be "overdue to some extent''.

British women were allowed to pass on their nationality to their children in 1983, he noted.

Sen. Scott said while the PLP fully supported giving women equal rights, it was concerned about the consequences of the legislation -- especially the retroactive part of it.

"Bermuda could suddenly be the receiver of many individuals who (previously) were not known to Bermuda and who could number in the hundreds, possibly thousands, and have the impact of burdening our infrastructure because they were not planned for,'' he said.

Immigration officers at the Airport would have to be trained to deal with those with "very complex Immigration profiles'' arising out of the new law.

And what effect would the "whole new group of Bermudians'' and their families have on the Island's education system, currently being restructured, he asked.

Sen. Scott also wanted to know why the legislation had to be retroactive. He concluded by saying Bermuda might be "stepping out of its bounds'' by prescribing to individuals status which was equal to citizenship.

Bermuda was "still a little colony'', he said.

Sen. Joe Johnson (Ind) supported the legislation because he believed in taking responsibility for one's actions.

"We are being asked as legislators to accept responsibility for ensuring equality for all Bermudians -- to ensure the children of Bermudian females are given the same rights as Bermudian males,'' he said.

No-one had been extended any new rights, he said. The legislation was simply a furtherance of Government's efforts to ensure natural justice prevailed.

Sen. Johnson had one concern, however, about the question of adoption. He hoped there would be a further amendment to ensure that when two Bermudians adopt a child, in or out of wedlock, the child would automatically be granted Bermuda status.

Government Senate Leader the Hon. Michael Winfield said the fundamental issue of the debate should be: "Is it proper for Bermuda to treat children of women in the same way it treats the children of men?'' He did not believe the legislation would "throw open the floodgates to Bermuda status'' or cause Government to "lose control''.

There was no point bringing forward the legislation if it was to be made retroactive, he added.

Sen. Ira Philip (PLP) said the Opposition did not wish to deny anyone who belongs to Bermuda their rights.

But the party had concerns because of Government's past "manipulation'' of Immigration laws for "social engineering and population control''.

He believed the retroactive aspect of the legislation would certainly cause an explosion of new Bermuda residents.

Sen. Norma Astwood (Ind) believed the intent of the legislation was good. But it would be "simplistic'' to believe that correcting a past "omission of parity'' and giving women equal rights was its only feature.

Sen. Astwood said the status situation was one of the more disadvantageous outcomes of Bermuda's colonial status. It was "a hindrance,'' both locally and abroad.

The Act "attempts to break with the past'' in removing gender discrimination that was previously enforced in the law and was "trying to correct a very embarrassing state of affairs that generations of Bermudians have grown up in''.

But the Act was "fraught with many questions,'' particularly for children born out of wedlock.

Sen. Trevor Woolridge (PLP) warned Government should be prepared for the potentially large impact the Act could have. If five children of a Bermudian woman and a non-Bermudian man each had five children of their own since the 1956 Act was passed, "we can see immediately what number of that one family would be entitled under this legislation to Bermudian status'', he said.

"We have no idea how many persons outside of Bermuda currently may take advantage of the opportunity of coming home.'' But he supported the legislation, particularly since his daughter who was born in the United States could apply for Bermudian status, but his sisters did not have the same protection for their children born abroad.

Sen. Woolridge did not want to confuse the issue by debating independence, but said: "It does urge Bermudians to examine carefully what their current position is as non-citizens.'' Sen. Jerome Dill (UBP) said he was surprised to hear Sen. Scott say Government should be careful about treating Bermudian men and women equally under the immigration law.

Sen.

Scott interjected to say he did not phrase it that way. Sen. Dill also noted Sen. Scott expressed concern about the Act because it was almost as if Government did not have the power to do what it purported to do. But under the Constitution, "we are proceeding in an area in which we do have the authority to do that which we purport to do,'' he said.

The Act was about preservation of birthright, and "I'm not concerned about whether we're going to be placing a stress on our infrastructure,'' Sen. Dill said. "I'm not terribly concerned that it may prove to be inconvenient for those of us who currently possess Bermudian status.'' The Act was also important because it treated women the same as men. The Hon.

Pamela Gordon (UBP) called the Act "a milestone for women in this community,'' which showed Government recognised that past practices had to cease.

The old law created friction in families when one child was born abroad and was treated differently than siblings.

Sen. Gordon voiced concerns about adoptees who were unaware they lost their status at age 22 if they did not apply to Government. "We have had many, many Bermudians who have fallen in that category,'' she said. "That is something that needs to be addressed.'' Sen. Burgess said the concerns about adoptees was legitimate, and it was hoped the Ministry could get the necessary information out to those affected. Sen.

Burgess said he was shocked to hear Sen. Scott say he "very reluctantly'' supported giving status to the children of Bermudian women born abroad.

Sen. Scott denied using those words, but Sen. Burgess insisted he did. "I couldn't believe that any member of Senate could be very reluctant to give children born of Bermudian women their status,'' he said.

If the 1956 Immigration Act was a Government attempt at "social engineering,'' as Sen. Philip claimed, it did not work, Sen. Burgess said.

There was a smaller percentage of whites on the Island presently than before 1956.

The Act passed without objection.