AG: Constitutional reform consultation process in sight
A means is being finalised to bring about consultation for the “critical advancement” of the island’s constitutional system, the Attorney-General has said.
Kim Wilkerson, who is also the Minister of Justice, said that the Government looked forward to feedback from across the community to modernise the charter.
Her comments came after Larry Mussenden, the Chief Justice, cited the need for constitutional amendments “in order to enhance the concept of independence of the judiciary”.
Ms Wilkerson appeared with representatives of other Overseas Territories in front of the House of Lords Constitution Committee last week, when the matter of constitutional reform was discussed.
She told The Royal Gazette: “I am pleased to report that the process by which the Government will facilitate consultation for the critical advancement of our constitutional system is being finalised.
“We are looking forward to hearing from all segments of the community, including the judiciary, as we work with the UK Government to amend our constitution to reflect modern Bermuda.”
The justice ministry added that the Government remained “committed to constructive engagement with the judiciary and to upholding the principles that underpin public confidence in the administration of justice”.
Mr Justice Mussenden made his comments in the Bermuda Judiciary Annual Report, published this month. He noted that previous chief justices had spoken on the autonomy of the judiciary.
He wrote: “In a democracy it is extremely important that the public and those that appear before the courts know and trust that their cases will be decided in accordance with the law and free of any influence or internal or external pressure.
“Interestingly, there has been a continued increase in litigation between the citizen and the Government in the form of judicial review, appeals from statutory bodies and other originating processes.
“In such times, there is a need for the judiciary to be independent of the Government.”
Mr Justice Mussenden recalled that former Chief Justice Narinder Hargun mentioned at a special sitting of the court that “judicial independence is an evolving concept and has a number of different precepts”.
He added: “We are thoroughly pleased that a Throne Speech spoke of support for constitutional amendment in various areas.
“We are keen for amendments affecting the judiciary to be made to the Bermuda Constitution Order 1968 within the foreseeable future.”
The Government last week acknowledged the comments of the Chief Justice and said it fully recognised the fundamental importance of judicial independence to democratic governance.
It added that the independence of the judiciary was a matter of constitutional significance.
Citing the last Throne Speech, the Government said it was committed to the process of constitutional reform through a fulsome consultative process.
“Progress continues to be made on this important initiative and various stakeholders have already been consulted as we formulate the process by which the Government will engage the community,” a spokesman added.
“Any and all proposals for constitutional amendment must be considered carefully and through the appropriate processes, which will shortly be announced.”
In the judiciary report, Mr Justice Mussenden also called for the creation of a separate body to review the remuneration packages of judicial officers, a move which he said would further strengthen the independence of the judiciary.
The remuneration packages of the chief justice, puisne judges, registrars and magistrates fall under the pay scale of the civil service and any salary and benefits review is tied to that scheme, he added.
Mr Justice Mussenden wrote: “In another branch of government, ministers and members come under the Ministers and Members of the Legislature (Salaries and Pensions) Act 1975.
“They have a review board, which reviews their salaries every two years. They have a pension fund and other benefits.
“Thus, steps should be taken to ensure a similar approach for the bench where a separate body should have the responsibility of setting judges’, registrars’ and magistrates’ salaries, benefits and pensions like in other jurisdictions.”
Meanwhile, work is progressing on the implementation of an electronic case management system.
Mr Justice Mussenden said the court received many suggestions in response to a request for proposals for the project and the assessment process had progressed throughout 2025.
He said the intention was for the system to be implemented last year. However, the evaluation and selection process pursuant to procurement rules took longer than expected.
“We are looking forward to implementing a system that will include electronic filing and payment of fees, removing the need for endless paper files, tracking fines and balances, assisting with the management of warrants, and providing efficient support in managing child support payments,” he added.
