Constitutional review
Constitutional talks at Government House yesterday. Mr. White is the head of the Overseas Territories Department at the UK Foreign and Commonwealth Office.
Below are excerpts of the replies to Mr. White from Premier Jennifer Smith, Opposition Leader Pamela Gordon and members of the public.
Your Excellency the Governor, Madam Premier, Honourable Ministers, Leader of the Opposition and Shadow Ministers, Ladies and Gentlemen.
It gives me great pleasure to be able to be with you today. I come as a representative of Her Majesty's Government and especially on behalf of the Minister for the Overseas Territories in the Foreign and Commonwealth Office, Baroness Scotland. The Minister, as you know, has been following closely the process of Constitutional Modernisation that the Government and people of Bermuda have been undertaking now for some time. She has spoken about it to the Premier the Hon. Jennifer Smith. And the Government has submitted proposals for change to HMG. She has also discussed the issue with the Leader of the Opposition the Hon. Pamela Gordon, who has sent her party's ideas for constitutional change to us in London also. Baroness Scotland has also received a petition and other correspondence from members of the public. And we have followed the debate in your press and in public meetings avidly. The FCO team is here to continue the process of consultation.
The Minister has asked me to say at the outset that she will be taking the closest personal interest in the outcome of the discussions that will be taking place here at Government House this week. I shall be reporting to her on the progress made today. My Colleagues from London, Ian Hendry Deputy Legal Advisor in the FCO and Caroline Rowett from the Overseas Territories Department of the FCO will be here throughout the talks. I shall be in touch with them. So they, through me, will have a direct line to the Minister, as necessary.
I have set out this background to I hope reassure you that the issues that are to be discussed this week are being taken very seriously in London. Changing Constitutions is not a matter to be taken at all lightly. The Constitution enshrines the link between the UK and the particular Overseas Territory. It is, as well, the most fundamental expression of the rights and obligations of the executive, the legislature and the judiciary for and to the people of this territory.
Changes should only be made when by so doing these relationships can be clarified, or to meet new circumstances not envisaged or which have evolved since the Constitution was drafted. And change should only be agreed when it is clear that it commands widespread support.
This is what we are here to discuss with you this week.
The impetus for undertaking a review of the Bermuda Constitution has come from two parallel angles. First there were the commitments expressed by the Bermuda Government in its platforms presented to the people of the Territory at the last general election. And then there were the injunctions in the British Government's White Paper on policy towards the Overseas Territories, "Partnership for Progress and Prosperity'' presented to Parliament at Westminster on 17th March, 1999, that Territories should keep their Constitutions up to date and where necessary modernized. As the White Paper made clear each Overseas Territory is unique. Each needs a constitutional framework to suit its own circumstances. There are no one size fits all solutions.
We come to these discussions in the spirit of partnership and consultation that we have been evolving with the Overseas Territories over the past two years. We come to these talks to see how together we can ensure that the principles of democracy, respect for human rights and the rule of law can be best reflected in the Constitution of Bermuda at this stage of the 21st century.
The principles that underlie the relationship between UK and the Overseas Territories and are relevant to our debate were set out in the 1999 White Pager. We remain committed to those territories that choose to keep the connection with Britain. The partnership creates responsibilities and obligations on both sides. And, subject to Britain's responsibilities for the territories, we hope that the people of the territories will exercise the greatest possible control over their own lives. Furthermore, we will continue to provide help to those Overseas Territories that need it.
Respect for the rule of law and a vibrant, long established, history of democracy have served Bermuda well. Your impressive economic prosperity and progress has been founded on enterprise that has been able to flourish in circumstances of stability. It is the Constitution that is the bedrock on which all this is based.
Over the past months there has been much discussion here in Bermuda about a range of proposals for constitutional change. Some have been developed to a considerable degree. Others have not. They have come from a number of sources.
We have asked the Governor to convene this meeting, and we are most grateful to him for so doing, so that we can discuss the ideas for change in detail. We want to be clear about the reasons for change, and that any proposals for change will work properly. We want to be sure that we can reflect the thinking and intent behind such proposals accurately in drafting any Order-in-Council that we shall need to submit to Her Majesty to give effect to the changes that HMG accepts. We hope that this further round of consultation with representatives of the people of Bermuda will enable us to leave here with the material necessary to carry forward this important process.
Changing the Constitution of a territory is not the same as making changes to ordinary legislation. The rights and expectations of the people need to be safeguarded and democratic ideals lived up to in a different way. This is what we are about this week. Our aim will be to help identify those ideas for constitutional change that will have the board support of the people of Bermuda and that will be put to Her Majesty in Council, eventually, under the terms of the Bermuda Constitution Act.
I look forward to a constructive discussion. The issues are serious and their potential impact on the political life of the Territory profound. Change should not be undertaken lightly. But nor should it be avoided when it is necessary to modernise the basis of good governance.
Many people have had the opportunity to let their views be known on both the direction and content of constitutional change that they would welcome. That has been a very positive development. More will be able to do so this week. I hope that we can work together to bring the consideration of the issues that have been debated to a satisfactory conclusion.
May I conclude by offering to all participants in the meetings Baroness Scotland's best wishes for a productive outcome.
