A candid talk with the deputy Governor
Kelly makes the observation, "I was born in the Republic of Ireland, so I have a good sense of how people aspiring to Independence do feel in their hearts. But,'' he cautions, "they need to look at it from their heads and their pockets!'' This sympathetic comment goes a long way in explaining how successfully this down-to-earth Deputy Governor has trodden the diplomatic tightrope in a complex role that has required him, for the past four-and-a-half years, to represent the interests of both London and Bermuda.
Talking to Living about the role of Deputy Governor just days before his term comes to an end, Mr. John Kelly, M.B.E., J.P., reveals that while he observes, to the letter, the terms of his office, he does hold strong convictions on some of the most important issues facing Bermuda today. They reflect the thoughts of a man who not only knows the Island well, but who seems refreshingly removed from the mould of diplomat more traditionally associated with the Foreign and Commonwealth Office. He was educated in Ireland and then at the Open University at Milton Keynes in England.
On the issue of Independence, Mr. Kelly continues, "Bermuda enjoys more independence than most independent countries I have ever lived in, including the UK. This is because the UK is giving up part of its sovereignty to Europe and it seems strange to me that Bermuda would be exercised about achieving independence for itself. Especially as Bermuda has never, ever, been imposed upon by the British Government, and the relationship between the UK and Bermuda has always been congenial and close.'' Asked if the question of Independence has caused any strain between his office and that of the Cabinet Office, he replies, "Certainly not. The Premier and I enjoy excellent, cordial relations and I have no sense of any strain at all between the two offices.'' Emphasising that his views on Independence are entirely personal and do not necessarily represent those of the UK government, he adds that, in his opinion, "Bermuda has been a shining example of what a colony could -- and should -- achieve.'' Noting that, unlike virtually all other territories, the Island has never needed nor asked for financial aid, he points out that, nevertheless, Bermuda has benefited from assistance, including educational scholarships, readily given by Whitehall. "The cost of this assistance and advice is not tangible, but it takes a wide range of forms. For example, Bermuda did not have to pay for all of Judge Tumim's expenses because his salary and that of his advisors were paid by the UK government. When Capt. Harding of the Royal Navy came out here to consider whether the Bermuda Regiment should have a maritime capability, that was partially paid for by Britain. And we've had police advisors coming out here every couple of years at no cost to Bermuda.'' Additionally, he says, Bermuda's case is put forward at international forums by Britain on the occasions when the Island does not, or cannot participate.
"The UK absorbs these considerable costs. This would not, of course, be the case if Bermuda decided to go it alone.'' Far from merely acting as a stand-in for the Governor, Mr. Kelly explains that, while he obviously supports the Governor's constitutional role in dealing with his reserved powers, he is actually on secondment to the Bermuda Government.
"People in London tend to misunderstand this,'' he says, pointing out that in his capacity as an employee of the Bermuda Government, he is part of the Bermuda Public Services, in which capacity he finds himself chairing a number of what can occasionally be potentially controversial committees.
The Security Committee is one such example. This deals with the overall security of Bermuda.
"The Security Committee decides how a security problem might be handled.
It might be thought necessary, for instance, to call up the reserve constabulary, or even ask for outside help. But in four-and-a-half years, we only met once, to consider the reaction of the community when Larry Dunlop was sentenced to hang. The date had been set, but the sentence was commuted by Governor Langley.'' This decision, he reveals, was based on evidence that was never produced in the trial. That evidence indicated that Dunlop's mental state at the time of the crime was such that he would not have known what he was doing. The trial judge did not receive the evidence during the trial.
"Had they checked at the time, they would have seen that the psychiatrist had stated that Dunlop was suffering from `severe jealousy syndrome' and, in that case, would not have been charged with pre-meditated murder.
"Ironically,'' he adds, "the psychiatrist was Dr. Wilkie who was later murdered himself.'' Co-ordinating the work of the Prerogative of Mercy Committee, the Deputy Governor has to advise the Governor on responding to petitions for early release of prisoners.
Part of his other security committees work includes the planning and staging of various exercises in which the emergency services all take part. "Every two years we hold a nuclear submarine incident. People fly in from the UK to take part. We are obliged, under international law, to conduct a major airport incident. In September of '92, the US and UK used Bermuda as the venue for a `terrorist hijack incident' and Bermuda was able to come in on the coat-tails of that exercise. I think it's very good for us to be able to test our ability to deal with a major hi-jacking, or something of that nature.'' Asked how possible Independence might affect the Island's security, his answer is slightly ambiguous: "Well, this is all hypothetical. I think the likelihood of any adverse effect is minimal, at the moment. My impression is that Bermuda's security and emergency services are the envy of islands to the south of us. In a sophisticated society like Bermuda, you would expect that to be the case, of course.'' On the subject of the Police, Mr. Kelly says he strongly believes that certain aspects of Police management "need to be brought into the 20th century.'' He points out that their standing instructions have been in force for many years, and have therefore tended to become the "Police Bible.'' Modern management techniques need to be introduced, "For instance, annual reporting systems for police officers is archaic. It needs to be brought out of the Victorian era.'' Mr. Kelly believes that shortage of Police manpower would be alleviated if recruiting ages were eased. "For instance, we could have a later retirement age, bring it on a par with other Government servants, to the age of 65. That would help the manpower problem immediately.'' He also feels that instead of focussing on recruiting young people straight out of high school, some experience of the outside, adult world would be advantageous. "We should especially encourage graduates -- quite apart from anything else, their ages are much higher than a recruit who just has a BSSC.'' The Deputy Governor is also an ex-officio member of the Police Advisory Board, set up to advise the Minister on police matters, established after the Pitt Commission which advised greater Bermudianisation of the force.
"Now Judge Tumim has produced a report and arising out of that, Andrew Bermingham and Dale Butler have put together a report on the way the Police presently function -- such things as training, development of interpersonal skills and in the management system. They have done an excellent job and it should be available soon,'' he says.
Referring to criticisms of the Police Complains Review Board, it is Mr.
Kelly's opinion that the main fault has lain in the slowness with which complaints are dealt with: "Once again, it's the system that exists within the force for dealing with complaints that is the problem. If the process were speeded up there would be fewer complaints about the system. The public would see that the Board is an excellent body to deal with complaints against Police officers. Tumim has recommended a more independent body and so we should hear fairly soon about the new procedures.
"I would also like to make a comment on the criticism of Police in recent weeks regarding the escalation of violent crime. The Police are there to prevent and solve crime and, by and large, they do an excellent job. But if these serious problems are to be tackled, the Police themselves have to consider how best they can re-deploy the resources available to them. And if that means taking people off motorcycle traffic patrols, so be it.'' Mr. Kelly also sits on the Joint Consultative Council through which the Police Association meets regularly with the Commissioner to discuss matters that cannot be resolved through Police administration channels. He adds that he has enjoyed the opportunity of working with three Police Commissioners, "excellent'' senior officers and men: "I don't think Bermuda could be better served than by these men and women.'' Mr. Kelly's involvement with the Bermuda Regiment has included a review of the Governor's Orders under the Defence Act of 1965. As a result, he spent many hours helping to re-write the Regiment's Orders on such issues as discipline and promotions.
He is also an ex-officio member of the Defence Board and as Deputy Governor is responsible for the annual conscription exercise and then the Exemption Tribunal referrals.
Time also has to be found for dealing with the finances and economics of Bermuda.
"In the eyes of many people in the UK, the function of a Deputy Governor is viewed as being mainly concerned with trade. This is not the case in Bermuda, but I do pass enquiries and problems on to the appropriate people. I provide a channel between Bermuda Government departments and the outside world, especially the UK. Some people might recall we had some `scam' Nigerian companies urging people to invest, so through the Chamber, we were able to warn people to be on their guard.'' Recently, Mr. Kelly acted on a consular basis when the latest troubles erupted in Rwanda and he has also been dealing with the issue of the Hague Convention on Child Abduction being extended to Bermuda.
"The Island wasn't included when the UK signed the agreement in the '80s.
There is a relevant case here with a child being kept abroad. Legally, there isn't much we can do. So I have asked the Foreign Office to have the Convention extended to Bermuda. I also work with the Attorney General's Chambers on reciprocal enforcement of maintenance orders with individual US states. There is not a blanket arrangement with the USA.'' Regarding the decision by the British government to close down HMS Malabar , Mr. Kelly comments, "From the Bermuda perspective it seems that 200 years of tradition should not be done away with for what will be a very small saving for the UK Ministry of Defence. The decision was taken in London, based on the strategic needs of the Royal Navy and, unfortunately, HMG felt HMS Malabar could no longer be justified for operational and strategic reasons.'' Apart from arranging `summit' meetings between President Bush and Prime Ministers Thatcher and Major, and chairing the Ceremonial Visits Committee for several Royal visits which culminated in the Queen and Prince Philip's visit last month, Deputy Governor Kelly does spend a great deal of time at official and social functions. "Life doesn't end at 5 o'clock, in this job,'' he laughs. "These things are all pleasant in their own way, but it can be very demanding on the stamina. My wife has been a wonderful support.'' Now, the diplomat who has seen sometimes potentially perilous service in such postings as Grenada (he was the British Government Representative during the US invasion), Cairo when the Israelis attacked in the 1967 war, and Congo "when it was a bit like Rwanda today -- a totally unstructured society,'' will be sailing off this week for a holiday in the States before returning for a spell with the Foreign and Commonwealth Office in London.
"Yes, I shall be sorry to leave Bermuda and very sad to leave many of the friends we have made here. But in this business, we know on the day we arrive here, that we shall have to leave. In a way, perhaps, that makes it easier.'' DEPUTY'S FAREWELL -- Pictured in the Government House grounds that have provided a picturesque backdrop to his four-and-a-half-year tenure as Deputy Governor, Mr. John Kelly will be leaving Bermuda this week.