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Concern over law students failure rate

training at home, the House of Assembly agreed on Friday.But there were disagreements on the intent of the new law that would allow this.

training at home, the House of Assembly agreed on Friday.

But there were disagreements on the intent of the new law that would allow this.

Minister of Delegated and Legislative Affairs the Hon. Sir John Sharpe , who moved that the 1992 Supreme Court Amendment Act and Bermuda Bar Amendment Act be approved, said the bills sought to put those who have attained barrister and solicitor qualifications in the UK on the same level.

He said the change to the Supreme Court Act will allow those who qualify as barristers or solicitors in England by passing the required final exams to train in England, Bermuda or partially in both places.

The solicitor's training will be decreased from two years in the UK to one in Bermuda and the barrister's training will increase from six months to one year.

Those who passed the Bar exams in the UK and have not completed their training will not be affected by the change, he said.

"Provision is made that after six months, they may appear in Magistrates' Court,'' Sir John said.

He also said the new law will not affect Bermudians studying in Canada and the West Indies, where students take the Bar exam after receiving training.

Sir John said Bermuda Bar Council president Mr. John Riihiluoma Jr. "thinks this addresses and resolves some problems that young Bermudians are experiencing''.

But Opposition Leader Mr. Frederick Wade said this has caused the PLP "a great deal of concern''.

"We have done some investigations to fathom the need for the change put forward and understand why more pressing changes are not coming forward.'' Mr. Wade he suspected that the proposed change was the result of two solicitors who found it difficult to get training lobbying.

"This may have prompted the Bar Council to decrease the time to train for solicitors and increase the time to train for barristers,'' he said.

But Mr. Wade complained that members of the Council had not seen nor approved the changes.

"And,'' he said, "I understand that there is some difference between what the Council proposed and what Government has brought here today.'' Mr. Wade said training in law in England leaves "much to be desired''.

He said there is also concern about racism against foreign law students in the UK and the percentage of top local students failing.

"Perhaps we need to have students sit the exam in the UK and have those exams sent to Bermuda for marking,'' he said. "That way we can ensure that our young people are not facing the kind of hostility that they are facing in the UK.

"The Bermuda Bar Council should be concerned about the 80 percent (of students) who are failing.'' Mr. Wade said Bermudian students were only allowed to write the Bar exam in England after Premier the Hon. Sir John Swan requested this from the head of the Bar Council in the UK. And he said foreign students are forced to sign a declaration that they will not practice in the UK unless they live there.

"Bermudians are no longer qualifying to practice in England because they changed the courses to distinguish between English students and foreign students,'' Mr. Wade said. "So law students (about 50 Bermudians) are faced with very serious problems and it seems that the Bar Council should be worrying about this rather than two people.'' Mr. Wade asked whether Government will require all local law firms to accept Bermudian law students for training and whether it will allow English solicitors to practice in Bermuda and be hired by local law firms.

He said a status Bermudian in the Council gave his assurance that this would not happen.

"But,'' Mr. Wade said, "we have to make sure we protect Bermudians against the possibility of Bermuda firms taking on people coming from England to do (training) and then staying.'' Mr. Wade also pointed out that the Bermuda Bar Council is controlled by work permit holders. And he said a two-tiered membership system should be implemented in the council to protect its out-numbered Bermudian members.

Sir John said most Bermuda law firms, particularly the larger ones, always have space to take on students. And he noted that those studying in Canada or the West Indies would not need to be trained.

He also said law firms do not apply to have anyone from abroad complete their training in Bermuda. And he said Immigration and the Bar Council would not allow this, unless the law firm has a Bermudian who they wish to exchange or the applicant has close Bermuda ties.

He admitted that some Bermudians training in the UK left "something to be desired'', but Sir John said the president of the Bar Council "does not think there can be any discrimination unless things have changed since he wrote his finals''.

"He said just a number is placed on the student's exam papers so people marking the paper do not know the name or nationality of the student,'' Sir John said, adding that students take the same courses.

He advised Mr. Wade, that if he had any further concerns about this, to take them up with the Bar Council.