January 31, 2002

Dear Sir,

We alerted the public last year to the fact that the Order in Council empowering the Boundaries commission to report and make recommendation on the proposed changes to Bermuda's electoral system was contrived to restrict severely the scope of the commission's examination of solutions to the recognised defects in Bermuda's electoral system.

It has been argued since the beginning that the process of amending the Constitution has been railroaded, and the Boundaries Commission by their press release on Monday have confirmed that they intend to limit the scope of discussion still further. they have taken an extremely narrow interpretation of their own remit.

It is quite clear from the wording of the Order in Council that the Commission's remit covers the proposed change from a dual seat to a single seat system as well as the number of MPs and the location of boundaries. As it is, the Boundaries Commission appears to be saying that it will not discuss the proposed change from dual seats to single seats, nor any other system which realises "one man, one vote of equal value". Therefore, there will have been no consideration by the Commission, let alone effective consultation of the public, on the issue that the repeal of section 52 of the Constitution (which will be necessary in order to introduce single seats).. The repeal of section 52 can only be regarded as a major change to the Constitution.

The court rejected our initial application for judicial review principally on the basis that the Boundaries Commission would be a forum for public consultation. It now appears that this will not be the case. Unless the Boundaries Commission changes its position, it follows that a major amendment to the Constitution will take place without discussion on at least one of the key issues, and it seems, without a Constitutional Conference being held in accordance with established practice. This represent very clear grounds for a further application for judicial review at Stage Two.

WARREN CABRAL

Secretary, Association for Due Process and the Constitution