Union steps into Chief Justice furore
Bermuda?s civil service union yesterday called for a review of the way future Chief Justices are appointed, calling the process which resulted in Englishman Richard Ground getting the post ?flawed?.
Bermuda Public Service Union general secretary Edward Ball said European Union law ? which he says puts emphasis on appointing people within the EU before looking outside ? should be adopted for Bermuda.
Governor Sir John Vereker used a selection panel rather than relying on the advice of Premier Alex Scott and leader of the Opposition Dr. Grant Gibbons.
Mr. Scott publicly revealed his support for Puisne Judge Norma Wade Miller ? a Jamaican who has Bermuda status ? but Sir John accepted the recommendation of the panel that Mr. Ground should get the post.
Because of the strength of Mr. Scott?s lobbying for Mrs Wade Miller, Overseas Territories Minister Bill Rammell passed on the decision to British Foreign Secretary Jack Straw.
Mr. Ball said yesterday: ?The decision of Jack Straw to confirm the appointment of Richard Ground as the new Chief Justice is no less disappointing than it is predictable.
?The vibrant public debate on this issue over the past weeks has been notable for the focus on the principles underlying this appointment, rather than the personalities. The facts are that a Bermudian candidate of high standing (Mrs. Wade Miller) is in post, has performed the task with distinction when asked over a number of years, and has deep knowledge of the issues facing these islands.
?The British Government has taken the view that the Chief Justice should be a person with specific credentials in commercial law and has been lobbied and supported into this view by many who practice commercial law here. A practice to select the candidate has been followed and the recommendation of the Governor has been upheld.
?The BPSU believes and has stated that the process was flawed, and that it should be critically and independently reviewed before being used again.
?The Premier, with the support of his Cabinet, has acted as a statesman and quietly and determinedly pointing out to the British Government that the post of Chief Justice requires a wide range of skills and sensitivity to problems facing Bermuda and that, in the elected Government?s view, the Bermudian candidate would have been the best person fitted to take this responsibility forward.
?It is a matter of regret that the the advice has not been taken, but to the credit of our political leaders that the issues of principle remained at the forefront of debate.?
Mr. Ball said that with a possible trial arising out of the Police investigation into Bermuda Housing Corporation, there was a need for a ?knowledgeable Chief Justice to ensure the rule of law will be administered wisely?.
?The skills required for this work require a much wider knowledge of Bermuda and the social and economic issues which apply here.?
Mrs. Wade Miller had dealt with serious commercial as well as commercial cases which, he said, had been ignored in recent discussions in about her. ?We believe that careful and open consideration should be given to the qualifications required of candidates for public office and that the procedures governing such appointments should be open to scrutiny.
?European legislation insists upon a policy of equal opportunities applying to all appointments, with particular emphasis being given to the importance of appointing members of the EU before looking outside. We have no doubt that the Bermuda Constitution should adopt the same standards, which were emphatically not followed in the recent appointment.?
The Progressive Labour Party government had pledged to address social issues such as health, AIDS and substance abuse, and a Bermudian Chief Justice who is sensitive to the community is best qualified to address these issues.
?The BPSU stands by its assertion that Bermuda must give serious attention to the need to support Bermudians in making themselves qualified to take a full part in ensuring that this country fulfils its considerable potential whilst tackling its considerable social problems.
?In calling for the review of the recent process for appointing a Chief Justice, we seek to ensure that the quality of all appointments is raised to an acceptable level at which it will be certain that an appointment, once announced, will be accepted as representing the best that can at the time be made.?
Mr. Scott has not spoken out since Mr. Ground, the current Chief Justice of Turks and Caicos and a former Puisne Judge in Bermuda was confirmed last week, but he will make his views known at a Press conference today.
Deputy Governor Nick Carter said Chief Justice Austin Ward steps down at the end of February and Mr. Ground will need to negotiate a release date with his current employers, the British Department for International Development. He said he hoped there would not be a long gap between Mr. Justice Ward retiring and Mr. Ground taking up his new post, but someone else will hold in between.
