Breaking News: Governor asked to hand over police powers
The Governor was today asked to relinquish his constitutional powers over the Police and delegate them to Government.
Speaking in the Senate this morning, Senator David Burch, Minister of Public Safety, said he had written to the Governor, Sir John Vereker, asking him to delegate his responsibilities over the Bermuda Police Service.
Sen. Burch told the Senate that under Section 62 of the Constitution Order 1968 the Governor "is solely responsible for the Bermuda Police Service".
He said that Section sets out "what it refers to as the Governor's 'special responsibilities'.
"What are those special responsibilities, Mr. President? They are: external affairs; defence, including the armed forces; internal security and the Police," said Sen. Burch.
He added that "this section of the Constitution is alive and well and is regularly enforced".
The Senator added: "For some reason Ministers who have occupied this area of responsibility have deemed it necessary to keep this provision from the people of Bermuda and to engage in the smoke and mirrors of talking tough on crime when in effect they have had no responsibility for it, period."
He added: "This ridiculous arrangement has outlived its usefulness."
Sen. Burch told the Senate he was unable to do things such as get more officers patrolling the streets and ensure crimes were investigated promptly.
"I have a solution to this untenable situation - Section 62 of the Constitution also allows for the Governor to delegate, on certain conditions, his responsibility for any of those things I listed earlier, to the Premier or any other Minister," he said.
"I can advise the Senate today that I have written to the Governor inviting him to delegate his authority and responsibility for the Police to the Minister with responsibility for Public Safety.
"I am not content to perpetuate this bizarre relationship which in effect renders the Minister powerless. Bermuda has real problems and those problems are not insurmountable. However, they require a person with a stake in the process to manage that process.
"In my view that person cannot be an appointed Governor from England here for a defined period of time with limited local knowledge.
"Our constitution contemplates this delegation of responsibilities wand it is now time for the Governor to do the right thing in the interests of what is best for Bermuda."
Today's statement is an escalation in a row between the Government and the Governor since the publication in the Mid-Ocean News of allegations of corruption within the Bermuda Housing Corporation.
Following that story, Premier Dr. Ewart Brown threatened to suspend all dealings with Sir John if he failed to fully investigate who leaked confidential documents to the Mid Ocean News and ZBM television station, which was raided by Police on Monday.
The documents reportedly revealed that Dr. Brown, former Premier Jennifer Smith and former Ministers Nelson Bascome, Renee Webb and Arthur Hodgson were all investigated by fraud squad officers looking into the BHC allegations.
Construction boss Zane DeSilva was another prominent person investigated as part of the probe into corruption at BHC, the leaked files reportedly showed.
When the investigation finished in 2004, then acting Director of Public Prosecutions, Kulandra Ratneser, said many of those investigated could only be accused of bad ethics.
Mr. Ratneser also said some of the people investigated escaped prosecution due to Bermuda's antiquated corruption laws.
Since the investigation into the BHC corruption - which is believed to have cost the taxpayer $8m - one person has been jailed. Terence Smith, a BHC officer, was found guilty and jailed last year on 41 counts of fraud.
Government House issued a statement yesterday. It said: "The Constitution of Bermuda provides that the Governor is responsible for the conduct of all business relating to the police, and that he may delegate to the elected Government such part of that responsibility as he may see fit.
"In November 1977 the then Governor, Sir Peter Ramsbotham, delegated responsibility for the establishment, finance, training, recruitment policy, community relations and equipment of the Bermuda Police Service, while retaining day to day operational control by the Governor.
"That arrangement, and the resulting close collaboration on law and order issues between elected Ministers and the Governor, has stood Bermuda in good stead for some thirty years.
"In all the British Overseas Territories, operational responsibility for the Police rests with the Governor.''
* See The Royal Gazette tomorrow for full reports, reaction and analysis.
