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UBP sets out position on Constitutional changes

Opposition Leader Grant Gibbons

Future changes to the Constitution should begin in the House of Assembly, and be approved by at least a two-thirds majority of the members of the House of Assembly, according to the United Bermuda Party.

But the Opposition party is hoping that the Governor will hold meetings with “local stakeholders” to come up with a consensus on how the Constitution should be changed.

In its “preliminary” submission to Governor Sir John Vereker, released yesterday, the UBP makes a distinction between minor and major constitutional changes, and treats Independence as a separate case.

A 75 percent House majority vote would be required to decide if a proposed change is minor or major - meaning that no action could be taken unless the Government and the Opposition are in agreement. If the change is minor, then the proposed change would be debated as a House of Assembly motion requiring at least two thirds majority for approval.

For major changes, the UBP proposes that it first be hashed out by a committee (“a select committee or joint select committee, or some type of Constitutional Conference”) to decide the wording of the amendment, or to produce a White Paper, before being put to a House vote. Following passage in the House by a two third majority vote, the amendment will then be put to the electorate in a referendum.

The final step in each case would be for the British Government to make an order for the changes to be made.

Referendum requirements would have to be agreed in advance, the five page submission adds.

“We view this as a simple and effective manner of achieving constitutional change. It requires the involvement of the elected representatives of the Bermudian people and, in the case of major matters, it requires the direct consultation of Bermudians,” the submission reads.

“This is consistent with the approach that the United Bermuda Party has always supported.

“We would also support efforts to embed provisions for future constitutional amendments within Bermuda's Constitution Order.”

The paper also addressed the workings of the Constituency Boundaries Commission, saying that it should allow the public to make oral and written submissions during its deliberations and make its report to the Governor widely available.

“To facilitate public participation, the Commission should make the draft report available for review at all Bermuda post-offices and hold a series of at least three public meetings in the western, central and eastern parishes.”

But because the Constitution currently provides for the Boundaries Commission to regulate its own procedure in the way it sees fit and gives it complete autonomy, the UBP is also suggesting that the Constitution be changed to direct the Commission as to how it should allow public participation. Independence makes a brief appearance in the UBP's submission. “For the purposes of this submission, we wish to put aside the issue of independence, which we have always believed must be decided by way of a referendum,” it states.

“A subsequent constitutional conference would deal with the related matters if and when appropriate.”

Yesterday UBP Leader Grant Gibbons said as far as his party was concerned, the British Government is asking for proposals on how to change the Constitution not on a “route to independence”.

“My clear understanding was what they were looking for was a way to put a road map together so we could avoid some of the suspicions and general anxiety of the last time around so there is a definitive way it could be done. Independence is a special event.”

“We didn't say anything about Independence,” Sir John said yesterday.

“We just said it would be useful to say how they think the decision (to change the Constitution) should be signalled. Quite helpfully a number of people made a distinction between minor and major changes. Boundary changes are minor whereas independence would be a major change.”

The deadline for submissions to the Governor has now passed. Sir John said that the proposals will be looked at and then sent to Whitehall.