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Cross-party support for moves to reduce the age of majority

Government moves to cut the age of majority from 21 to 18 won cross-party support yesterday in the House of Assembly.

The Green Paper outlining the proposal was introduced by Labour and Home Affairs Minister the Hon. John Irving Pearman .

He stressed age should not be the yardstick by which to measure maturity.

Some MPs, however, voiced concern over whether 18-year-olds were mature enough to drive public transport vehicles, such as buses.

And they urged caution over courts granting adoption orders to people of such a young age.

Several MPs questioned whether 18-year-olds would be subjected to more rigorous scrutiny because of their age when applying for certain jobs, including running a day nursery.

This could lead to Human Rights violations if these young adults were discriminated against because of age, they warned.

Health Minister the Hon. Quinton Edness rammed home the importance of ensuring senior school students were aware of the extra responsibilities proposed for them.

It was essential young people knew what society expected.

The proposed change would touch on a whole raft of legislation, ranging from Legal Aid regulations, the Marriage Act 1944, and the Motor Car Act, to the Mental Health Act, the Adoption of Children Act 1963, and the Public Health (Day Nurseries and Nursery Schools) Regulations 1978.

In his introduction, Mr. Pearman said the debate on the discussion paper reflected the confidence Government placed in Bermuda's youth.

It was a recognition that young people were maturing earlier in today's world.

More and more young people were going overseas for tertiary education, making them more worldly.

Mr. Pearman said there were 66 laws on the statute books which were specifically related to the age of majority.

He added the recommendation to cut the age of majority was a natural progression.

Already, 18-year-olds were considered old enough to fight for their country, and make the "ultimate sacrifice''.

Recently, Bermuda had also lowered the voting age to 18, he said.

Now, the next step was to recognise young people were responsible enough to be treated as adults.

It was important to appreciate the increasing number of Bermudians gaining diplomas or degrees.

And he pointed out maturity was not necessarily linked to age.

"Some people at 50 lack maturity,'' he said, provoking laughter among MPs.

Mr. Pearman said a committee looking into the age of majority had concluded that anyone under 21 was unlikely to be sufficiently mature to assume responsibility for infants in day nurseries and nursery schools.

But he strongly disagreed with this.

Mr. Pearman said the ability to do the job should be the criteria for employment -- not age.

On the question of driving public service vehicles, Mr. Pearman said he would be concerned if an 18-year-old drove a bus.

But again the criteria would have to be ability, which entailed experience.

Mr. Pearman told MPs that changing the age of majority could be done through a relatively simple piece of legislation.

This legislation would set out a schedule of all laws affected.

Shadow Labour Minister Mr. Alex Scott said he agreed with the proposed changes.

"It is our view if you wish young people to be responsible, one sure way is to assign to them important responsibilities.'' Mr. Scott, however, warned MPs had to beware the dangers of age discrimination.

Eighteen-year-olds would have to be considered old enough for all aspects of life, and that included being in charge of day nurseries and having responsibility for heavy machinery, for instance.

If MPs had doubts about these responsibilities being met, it was incumbent that young people were educated earlier.

Should the Green Paper become legislation, 15 and 16-year-olds would have to be viewed as being very close to adulthood.

Mr. Scott believed the proposals to reduce the age of majority should be required reading for all parents and guardians.

He suggested Government should produce a document on the issue which was more digestible.

Mr. Edness also called for the information to be relayed in a more readable form.

He went on to impress on MPs the importance of treading carefully in certain areas, such as giving young people the care of others.

Guardianships directed by courts were an example, he said.

"Will the courts subject 18-year-olds to the same tests they subject 28-year-olds, for instance?'' he asked.

"This is a very delicate area, and we have to be aware of the Human Rights laws.'' Similarly, Mr. Edness said he would have some reservations about an 18-year-old driving a bus.

Would an 18-year-old receive the same test of his fitness to drive a public service vehicle as a 35-year-old? Shadow Finance Minister Mr. Eugene Cox supported cutting the age of majority, and said it was a long time coming.

He believed the idea of parish vestries should be revisited.

These vestries provided good training grounds for young people, giving them the chance of responsibility at an early age.

They were used, for instance, as a place for budding politicians to cut their teeth.

Mr. Cox stressed the importance of giving young people early enough training to ensure they could meet their new responsibilities.

Minister of Youth and Sport the Hon. Pamela Gordon supported the concept of reducing the age of majority.

But moves should be taken so that 18-year-olds were able to live as adults.

One area which needed attention was bank loans.

Banks were loathe to give 18-year-olds loans -- because people of that age did not have any collateral.

This level of prejudice against the young should be removed, said Miss Gordon.

Meanwhile, Mr. Reginald Burrows (PLP) said his party agreed that the age of majority should be lowered from 21 to 18 but he questioned whether it was the right thing to do.

He explained that the days when 17 and 18-year-olds could buy a home have disappeared because many young people seek further education and are dependent on their parents for a longer period of time.

In the past he said the school leaving age was 13 but now it is 16. When the leaving age was 13 a male was able to get a job, and if he was "thrifty and a saver,'' he could save money.

"I am not opposed,'' he said. "But I have my doubts about certain aspects of reducing the age of majority.

"In many countries this is the norm, but we must still ask how successful has it been, is it satisfactory, is it working or are most countries just following the leader?'' Mr. Burrows said that young persons will now have to accept certain added responsibilities.

Moreover, Mr. Burrows questioned the effect the reduction would have on parents who were having problems with maintenance.

He said many would be happy to stop paying for their children when they reached 18.

"Who will suffer?'' he asked "We want to do something to benefit our young people. If they are going to be deprived of maintenance much earlier then they will suffer.

"Change is always difficult. Unlike Independence when one severs ties from the mother country it is difficult for a parent to sever ties from a child.

With Independence from the mother country there is no going back it is not the same in a relationship between a child and its parent.'' Mr. Burrows said that while many people had used the argument that since 18-year-olds served in the army, this fact alone meant that all other areas that were closed to them, should be opened.

But he said while he was visiting the American Marine Base at Camp Lejeune, North Carolina, he discovered that there were places Marines between 18-21 could not go even though they could be shipped off to fight in Haiti, Lebanon or Panama. This inconsistency was accepted.

Mr. Burrows said that if these recommendations became law he hoped that more consideration and study was given to it.

UBP backbencher Mr. John Barritt said Bermuda had already accepted the premise that 18-year-olds were responsible enough to vote, drive a car and be conscripted into the Bermuda Regiment.

And it was his hope that as 18-year-olds took on more responsibilities they would also become accountable as well.

Mr. Barritt said that Government's current stance of discriminating against Bermudians under 21 was consistent with both the constitution and the Human Rights Act because neither document mentioned age as a category.

The backbencher said Parliament should also focus on those persons who had reached retirement age which has been set at 65 because it was a figure that was just "plucked out of the air.'' However, Mr. Barritt warned that some laws would be affected if the age of majority were to be changed and this had to be noted.

Such legislation included the Limitation Act, Life Insurance Act, Betting Licence Act, and the Matrimonial Court Proceedings Act in Magistrates' Court.

Shadow Education Minister Ms Jennifer Smith said that while callers to radio talk shows during Heritage Month focused on yesteryear, it was interesting to note that in Bermuda's past girls aged 15 were married with children.

She said it was a modern notion that considered 18, 21, and even 30 to be "young,'' because in the past people died earlier.

Ms Smith said that MPs had a copy of the Green Paper last July and had had plenty of time to look at it.

However she took issue with the omission of age discrimination in the Human Rights Code and said this should be corrected.

Ms Smith said it was ironic that MPs called on younger Bermudians to take responsibility for their lives when the school system did not help to produce this.

The Shadow Minister said she was not surprised that some young people rebelled against the choices that were made for them in high school.

She said that when teenagers received fines for traffic offences in Magistrates' Court it often was the parents who paid them.

Consequently, the teenager did not learn anything because the most they often got was a scolding.

Ms Smith said nursery school regulations needed to be rethought and should be included in the legislation that would be affected if the age of majority were to be lowered.

"They should not be exempt,'' she said. "Licensing provisions already address any concerns. Eighteen-year-olds are parents, they can baby sit and can care for five kids in their home.

"They need certain qualifications to get a licence. They need to have graduated from high school and taken a course at the Bermuda College. At the end of that (qualification period) they would be 21 anyway.'' Transport Minister the Hon. Maxwell Burgess said that since young Bermudians were maturing at a younger age it was important to make provisions for it.

He said he believed young Bermudians were "capable, willing and able,'' and should be encouraged to accept the challenge and assume the responsibility being made available.

"It is one thing to make provisions,'' he said. "It is another thing to get on with the task at hand.'' Mr. Burgess said that while it was important for young people to take advantage of all the opportunities that Bermuda presented, it was important for the broader society to support its youth.

Continued in Monday's paper