Independence referendum bill and replace it with another.

Mr. John Gilbert, the former clerk of the House, said two similar bills could not be debated during the same session of the House.

Once a bill received second reading, as the Independence Referendum Act 1994 did in February, House Rule 47 stated that "no question shall be proposed during the same session for the second reading of any other bill containing substantially the same provisions.'' After narrowly passing the House, the Independence Referendum Act was amended in the Senate. The amendment, which Government opposes, says a majority of eligible voters would have to vote "yes'' in the referendum before Government had a mandate to seek Independence.

The Royal Gazette reported yesterday that Premier the Hon. Sir John Swan today planned to withdraw the Independence Referendum Act 1994 and introduce a new referendum bill.

It would replace the planned Commission of Inquiry with a commission that would report to Parliament. The new bill would also require a two-thirds voter turnout at the referendum before any mandate for Independence could be acted on, caucus sources said.

"It's still substantially the same bill,'' Mr. Gilbert said yesterday. "It's another referendum bill.'' To proceed as Government planned "would be contrary to the rules of the House.'' Told of Mr. Gilbert's comments, Government Whip and caucus chairman Mr. John Barritt would not comment on Government's House strategy. Mr. Gilbert was entitled to his opinion, but "the enforcement and the interpretation and the enactment of the rules is a matter for the Speaker,'' he said.

It was understood the Opposition was looking for holes in Government's plan as reported in The Gazette and United Bermuda Party strategists were studying other ways to accomplish Government's goal.

Mr. Gilbert said he saw only one way in which Government could proceed -- one which could result in "a humdinger'' of a House debate today.

"I'm sure this is the first time that this has ever happened,'' he said.

Under the Order of Business of the House, the Speaker would read the Message from the Senate notifying the House of the amendment to the referendum bill before the Premier would have an opportunity to make a statement, withdraw one bill, or introduce another.

The House had to debate and respond to the Senate's message before it did anything else, Mr. Gilbert said. Since the amendment of Independent Sen. Alf Oughton had to be dealt with anyway, "the House could amend (the Senate) amendment by substituting as amendments all of the clauses they plan to put in their new bill,'' Mr. Gilbert said.

That means the House could today see a lengthy debate on an Independence referendum after all. Had a new bill been introduced, it would only have received first reading today while the debate would have been held on May 20.

Another problem Mr. Gilbert saw with any plan to withdraw the Independence referendum bill was that it did not appear on today's order paper, having already been dealt with by the House and sent to the Senate. Mr. Gilbert said a bill that was not on the order paper could not be withdrawn.

Opposition Leader Mr. Frederick Wade has said he may still proceed with his motion rejecting Government's call for a Commission of Inquiry on Independence.

Opening ceremonies for meetings of the visiting British-American Parliamentary Group will delay regular House business until 2.30 p.m. today.