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Debate on the Independence Referendum Act 1994 was put on hold again by senators.

They decided on Monday night that a proposed amendment by Independent Senator Alf Oughton was unclearly worded.

And Sen. Oughton should be given a chance to seek legal advice, it was agreed unanimously.

Discussion on the Act -- and the tabled amendment -- will continue today.

Sen. Oughton's proposed amendment said: "The result of the referendum shall be determined by a vote of the majority of persons entitled to vote in the referendum.'' Opposition Senators voiced approval for the suggested change.

Sen. Oughton said he was concerned by what Government meant when it declared a referendum would be decided by a "simple majority''.

What would happen if there was a very low turn-out? He pointed to the last referendum in Bermuda -- one on capital punishment.

"The voter turn-out was very low,'' he said.

Sen. Oughton said Government had failed to address the possibility of few people turning out to vote in a referendum.

Former Cabinet Minister Sen. Michael Winfield , however, said amendments were best left to lawyers to word.

This prompted Sen. Oughton to interject that he had consulted a lawyer over his amendment.

Sen. Winfield replied he found that disturbing since the proposed amendment was unclear and ambiguous. It would lead to confusion.

He added Government could not force people to vote.

"Can we in this chamber demand that everybody vote?'' Sen. Winfield said people who did not vote were also making a fairly powerful political statement.

"I believe the motion flies in the face of democracy as we know it, practice it and understand it.

"Everybody should be given the opportunity to vote.'' Sen. Grant Gibbons (UBP) believed Sen. Oughton was well-intentioned, but the proposed amendment would lead to confusion.

Sen. Larry Scott (UBP) said not voting was an expression of opinion.

And he added: "We have got to be very careful we don't encourage gamesmanship.'' Sen. Terry Lister (PLP) warned, however, against the danger of a low turn-out.

He put forward the scenario of just 8,000 out of 32,000 people on the electoral roll voting.

Imagine if 4,200 voted "yes'', and 3,800 "no'', Sen. Lister suggested.

"The United Kingdom would reject the referendum, there would be no question about it.

"We will be embarrassed internationally. We will be humiliated.'' Opposition Senate Leader Sen. Milton Scott (PLP) said senators should appreciate Sen. Oughton's proposed amendment.

It struck at the issue of what constituted a simple majority.

"We will support it,'' he stated.

Government Senate leader and Environment Minister the Hon. Gerald Simons sought to allay fears of a low referendum turn-out.

Independence was a very different subject to capital punishment -- the issue which last prompted a referendum.

"I would anticipate a very high turn-out,'' he said.

Sen. Simons said Independence touched everybody's lives, while capital punishment, hopefully, did not directly affect many people.

Senate President the Hon. Albert Jackson (Ind) said it would be a "miscarriage'' if the majority voice of the electorate did not decide any moves towards Independence.

Independence was one of the most important issues ever discussed.

Sen. Winfield said Sen. Oughton's proposal exposed democracy to the danger of "sabotage''.

Organisations with particular interests could try to wreck the legislative process by telling people not to vote.

"It is wrong for this Senate to impose new conditions of democracy on Bermuda.

"That would be a sign of political arrogance.'' Sen. Larry Scott agreed, saying the proposed amendment could lead to people urging others not to vote in a bid to destroy the democratic process.

Sen. Jackson deplored the apparent haste in driving through Independence legislation.

A decision of such magnitude should be made by the majority of people eligible to vote.

Sen. Jackson said he could not understand the vigour with which Government attempted to fight this.

Senators agreed to defer discussion on the Act until the next sitting.

Earlier, Sen. Lister had claimed Independence was on the Premier's "personal agenda''.

The UBP caucus had followed Sir John just to retain power, he added.

Sen. Lister said it was ridiculous for Sir John to point to the closure of HMS Malabar as a reason for moving towards Independence.

"I have never heard such poppycock in my life. It's a nonsense.'' Sen. Lister said a referendum was the wrong approach.

The Opposition supported the route of a general election in which parties included their position on Independence in their manifestos.

Sen. Simons said Government wanted to ensure people were educated about Independence.

That was why a Commission of Inquiry was proposed.

He sought to shot down claims Sir John suddenly "woke up one morning and and said we are going to go to Independence''.

Many factors were behind the decision to hold a referendum.

Sen. Simons criticised the Opposition argument that a general election should decide Independence.

What would happen if both parties supported Independence? Where would that leave somebody who did not want to cut ties with Britain? Sen. Simons said Government wanted the people to decide which direction to take. That was democracy.

"If there is a `yes' vote Government would be bound by the vote, and there would be a constitutional conference,'' he said.

Sen. Simons said since 1979 the UBP has stated Bermuda would go Independent when the majority of people were in favour.