Judge raps Dame Lois
A Supreme Court judge has slammed Attorney General Dame Lois Browne Evans for her "unacceptable" refusal to fully assist a court in a case over union representation.
Acting Puisne Judge Philip Storr criticised Dame Lois for instructing Solicitor General Wilhelm Bourne not to give an opinion on whether she thought a Government tribunal had acted beyond its powers when ruling on representation of BAS-Serco firefighters at Bermuda International Airport.
He said the Attorney General had a duty to assist the courts in matters of law which might affect the citizens of Bermuda and her failure to do so was unacceptable.
In a written judgement on Friday on the dispute between BAS-Serco and the Bermuda Industrial Union (BIU), Mr. Justice Storr wrote: "In determining the issues, I regret that I did not have the benefit of the views of the Attorney General.
"The Attorney General is, of course, a party to the proceedings, which raised issues under section 15 (1) of the Constitution.
"Though represented by counsel throughout the hearing, the Attorney General instructed the Solicitor General to decline to assist the court on the question of whether or not it was her view that section 30 P of the Amendment Act was ultra vires (beyond the power of the tribunal).
"This is not acceptable. It is the duty of the Attorney General to assist the court, whether as a party to proceedings or when asked to act as amicus curiae(a friend of the court)to the court, where matters of public law which affect the citizens of this country are an issue or require clarification."
Mr. Justice Storr accepted the company's position that the Permanent Arbitration Tribunal had acted beyond its powers when it effectively allowed two bargaining units for fire fighters at the airport - one represented by the BIU and the other of non-union members.
The Royal Gazette left a message at Dame Lois's home yesterday seeking comment, but there was no response by press time last night.
