Senate rejects controversial municipalities amendment
Plans to enact fundamental changes to municipal governance got shot down in the Senate today by one vote — in a move swiftly welcomed by the Corporation of Hamilton.
The motion to pass the Municipalities Reform Act 2026 was defeated by a vote of 6 against to 5 in favour.
The controversial Bill proposed replacing elections in the corporations running Hamilton and St George with appointments by the Minister of Housing and Municipalities.
Zane DeSilva, the Minister of Housing and Municipalities, acknowledged the Senate’s decision — but remained adamant on “the need to reform Bermuda’s municipal system”.
He said: “The legislation was brought forward to address longstanding issues. As municipal bodies are responsible for delivering important services and managing key public assets, they must operate in a way that is accountable, effective and aligned with the needs of the country as a whole.
“This reform was intended to modernise how municipalities function, strengthening oversight, improving accountability and ensuring more consistent delivery for residents and businesses.
“As with many public bodies, we believe that appointed boards can provide the expertise, accountability and alignment needed to deliver effectively.”
Mr DeSilva added: “Today’s decision delays reform, but it does not remove the need for it.
“The question is not whether change is required, but how long Bermuda can afford to wait.
“The Government will now determine the next steps to ensure that meaningful municipal reform is still delivered, including further engagement and consideration of the available legislative options.
“The Government remains committed to ensuring that Bermuda’s public institutions are modern, accountable and capable of delivering for the entire country.”
Charles Gosling, the Mayor of Hamilton, said the City’s fight against the reforms, which it considers a takeover, had been “a long and, at times, frustrating process”.
He added: “For years, the corporation has had to defend its role, its structure and the democratic rights of those it represents, when our focus should be on delivering for the City.
“It is important to remember that the current municipal framework was established through legislation passed by Government. The corporation operates within that framework; we did not create it.”
Mr Gosling said municipal elections could now go ahead this May — and called on “everyone to register and take part”.
Kim Wilkerson, the Government Leader in the Senate who brought the Bill forward, said allowing the ministry to appoint professionals would make for efficiency.
She added: “I am aware that there will not be unanimous support for this Bill, because that’s how politics works, but I do hope those without a political whip should be open-minded.”
The legislation, tabled last month by Mr DeSilva, would have the minister select the mayor and eight councillors, with four recommended by a selection committee.
Ms Wilkerson said the old voting system was antiquated and built to give voting power only to landowners.
She pointed out that the December municipal by-election in Hamilton had one person, Maxanne Caines, run for the position of councillor.
Ms Wilkerson added: “We do not need the expense and frills of a fake electoral process to get people of that kind of talent in place.”
Charles Gosling, the Mayor of Hamilton, said he was “encouraged” at the Senate declining municipalities legislation — but acknowledged the matter was not fully resolved.
He said City officials were firm on their view that altering representation and voting rights had to be grounded in fairness, transparency and democratic principle.
Mr Gosling also said the corporation had been “mischaracterised” by government officials, including “incorrect” comments that it had stood in the way of government plans for a national sewerage network.
Taking aim at remarks in the Upper House, he added: “It is entirely inaccurate for the Attorney-General to suggest today in the Senate that individuals can cast multiple votes in a single election. The legislation is clear: where a person may qualify in more than one category, they must choose how they wish to vote. In all cases, an individual is limited to a single vote.”
Mr Gosling said the comments raised “serious concern, as they suggest a major misunderstanding of the very legislation being proposed for amendment”.
He added: “Amendments introduced in 2015, following consultation with the government of the day and based on recommendations I put forward as a private citizen, closed potential gaps by ensuring that multiple companies under a single ownership group could not be used to generate additional votes.
“There is no mechanism for double voting within the current system, and to suggest otherwise misrepresents both the legislation and the safeguards that are already in place.”
He said limiting voting or representation amounted to “a direct erosion of democratic rights”.
“The strength of the City has always come from allowing residents and ratepayers to choose who they believe is best suited to represent them.”
Mr Gosling said: “Municipal elections are now due to be held in May and I encourage all eligible residents and businesses within the City to ensure they are registered. We strongly encourage everyone to register and take part in the upcoming election.”
The PLP government first announced plans to revamp the centuries-old corporations in 2008 before putting plans forward again in 2019.
The amendment failed to pass the Senate and resulted in a civil case launched by the Corporation of Hamilton — eventually dismissed by the Privy Council last year.
On Friday, the Act was approved in a vote of 19-to-11, with all 11 One Bermuda Alliance MPs opposed.
Government MPs for the East End Renée Ming and Lovitta Foggo aired their objections but were absent for the vote, as were PLP MPs Jamahl Simmons, Christopher Famous and Curtis Dickinson.
Ms Wilkerson acknowledged that not much had been changed from the amendment compared with its 2019 version, other than some wording.
However, she added, the Government had the approval of the Supreme Court, the Court of Appeal and the Privy Council to carry this out.
Victoria Cunningham, for the OBA, said this change would remove the community’s ability to hold its councillors accountable.
Ms Cunningham said: “Why do we need to add another safeguard when we have those elected officials who get things done?”
Reflecting on the Bill’s defeat, Ms Cunningham said its failure to pass reflected “a simple principle that democracy matters”.
She described the amendment as “centralisation” over reform and that the change was “a fundamental shift in how local government works in Bermuda”.
Ms Cunningham added: “Around the world, cities are gaining more autonomy, not less. Strong communities are built on local knowledge, local accountability and local decision‑making. Bermuda should not move in the opposite direction.
“Today’s vote sends a clear message — democracy is not an inconvenience and the right to choose who governs your city should not be taken away.”
All three independent senators expressed discomfort with the proposed Act.
John Wight, the Vice-President of the Senate, rejected the Bill over concerns that the minister would have “total control”.
He added: “I don’t understand what the problem is that we’re looking to address.
“In my view, those impacted by the legislation are well served by the leaders who best understand their issues and have their best interest at heart.”
Mr Wight further said he feared government influence could bleed into the municipalities despite claims that it was intended to be a partnership.
He added that although the Government may have gotten legal permission to do this, the question was whether this was “in the best interest of Bermuda and Bermudians”.
Tawana Tannock said those within municipalities showed satisfaction with existing governance and saw no need to change anything.
She added that existing governance had accomplished everything from smooth roads to economic growth, such as the City of Hamilton achieving record-high revenue growth in 2024.
She asked: “What is it that we’re trying to improve upon? Are we saying that they should have more revenue?
“To say you need people with more acumen when they’ve had their highest record on year, I just don’t see the ill you’re trying to cure.”
Joan Dillas-Wright, the Senate President, said: “I am not in favour of having the ratepayers and the residents of these corporations losing their votes to elect their mayors and councillors.
“They have fought long and hard for those privileges and I do not support these privileges taken away.”
Michael Fahy, the Shadow Minister of Housing and Municipalities, urged the Government to “go back to the drawing board” after this defeat and recognise the concerns of residents and municipal ratepayers.
He added: “There is room for compromise, perhaps with some members of the corporations appointed by way of a selection committee and others elected under the existing system with directly elected mayors.
“We urge the minister to engage in further consultation with the community so that a compromise can be found.
“We stand ready to engage in such a process for the benefit of the City of Hamilton, the Town of St George and the people of Bermuda.”
The House of Assembly can bring the legislation back in a year’s time.
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