Confusion surrounds Cabinet secrecy rule
Despite a warning from Premier David Saul yesterday that Cabinet members do not have carte blanche to speak freely, the veil of secrecy surrounding an August 15 Cabinet meeting could be lifted on Monday when Dr. Clarence Terceira MP takes the stand at a Commission of Inquiry into the one-day postponement of last summer's Independence referendum.
The commission, which is headed by retired Court of Appeal Judge Telford Georges, has heard repeated charges that there was an attempt at that 5.30 p.m. meeting to postpone Bermuda's Independence referendum until December. But none of the allegations has come from anyone who actually attended the meeting.
Dr. Terceira, one of the staunchest opponents of Independence in the lead-up to the vote, has submitted a brief to the commission and is to testify under oath on Monday.
The former Education Minister was bounced from Cabinet after Dr. Saul was elected Premier in the fall-out from the ultimate `no' vote on Independence.
Last week, several witnesses cited Cabinet oaths of secrecy to the commission in refusing to discuss exactly what took place at that meeting. Among them was Sir John Swan, who was Premier at the time and chaired the meeting.
The commission has skirted around the issue of Cabinet secrecy oaths and the Official Secrets Act. Mr. Georges has told witnesses it is all right to say what decisions were taken by Cabinet, and in some cases what was discussed.
But he has said he is not interested in hearing which Cabinet Minister said what.
Yesterday, Government backbencher and lawyer Mr. Trevor Moniz wrote to Premier Saul, asking that rules of Cabinet secrecy be waived as it relates to events surrounding the referendum. Mr. Moniz said Dr. Saul told him that such a request was "no problem''.
In a written response to Mr. Moniz that was obtained by The Royal Gazette , however, Dr. Saul denied yesterday that he had given Mr. Moniz or anyone else the authority to divulge Cabinet details.
"The rushed, informal conversation we had on the floor of the House (yesterday) as you passed my desk during the course of debate should not have been construed by you as the granting of authority for the waiving of Cabinet confidentiality,'' Dr. Saul wrote.
"As you are, no doubt, aware,'' he told Mr. Moniz, "any waiver in respect to the disclosure of the proceedings or business of Cabinet can be made only with the authority of the Cabinet. No formal request has been made to the Cabinet nor has any such authority been granted by Cabinet.'' The Premier concluded: "I trust this letter (dated yesterday) clarifies the matter.'' Mr. Moniz, another outspoken opponent of Bermudian Independence, is also scheduled to testify on Monday, when the commission resumes its hearings at Wesley Methodist Church Hall after three days of evidence last week.
Mr. Moniz was unavailable for comment last night.