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Government Independence position papers

The key elements of successful parliamentary democracies are the rule of law, freedom from political interference of the public service and the independence of the Judiciary and the Police. The independence of these bodies is vital to this freedom.

Under the terms of the current Constitution, an independent Public Service Commission handles appointments to the public service and to the senior ranks of the Police. In addition, it handles discipline of both public service officers and senior ranks of the Police. The Public Service Commission does not, however, deal with matters relating to the judiciary. This arrangement arises as a result of the current Constitutional position of the Governor.

Should the people of Bermuda vote for independence, however, another arrangement would need to be made. The Government believes that the constitution of an independent Bermuda should contain provision for the appointment of three separate bodies -- a Public Service Commission, a Judicial and Legal Service Commission and a Police Service Commission. These bodies should not be subject to the direction or control of anyone other than the Governor-General. Their decisions in these areas should be final, and their work should be conducted in confidence.

Because the existence and proper functioning of these bodies is so important to a parliamentary democracy, the Government intends that some aspects of their design should be ordinarily entrenched in the Constitution. The Government believes these aspects are as follows: a. The composition of each Commission and the security of tenure and remuneration of its members.

b. Their power to appoint and exercise control over public officers.

c. The ability of the Public Service Commission to delegate some of its powers.

d. The power of the Commissions to regulate their own procedures, including the composition of quorums and the rules of voting.

e. The protection of the Commissions from legal proceedings in the exercise of their functions.

1. The Public Service Commission The Government does not believe an independent Bermuda's Public Service Commission need be very different from that which exists now.

One provision which would have to change, of course, is that relating to the appointment of members of the Commission. Currently, these appointments are made by the Governor, after consultation with the Premier, who must first have consulted with the Leader of the Opposition.

Post-independence, the Government intends the Chairman and four members of the Commission, who must not be public servants, should be appointed by the Governor-General on the recommendation of the Prime Minister, who must first consult the Leader of the Opposition.

Under the provisions of the current Constitution, a member of the Public Service Commission must relinquish his or her office if elected to the House of Assembly. The Government does not believe that this goes far enough. It proposes that an independence Constitution would bar service in the Commission to a person for ten years after his or her nomination for election, even if he or she were not elected, and would extend the ban to service in the Senate. A member of the Public Service Commission could not, therefore, be: A person nominated for election to the House of Assembly during the preceding ten years.

A person who had been a Member of the House of Assembly during the preceding ten years.

A person who had been a Senator during the preceding ten years.

The Government's proposed provisions for removal from office are much the same as now, except that these powers would be vested in the Governor-General. The Governor-General, acting in his or her own discretion, would have power to remove members of the Commission from office for misbehaviour and for inability. A member of the Public Service Commission could not, however, be removed from office for any reason other than disqualification, misbehaviour, inability or at the expiration of his or her term of appointment.

Reference has been made in this document to appointments made `on the advice of' or `on the recommendation of' and `after consultation with' certain officials.

It should be pointed out here that an official who is required to take advice or a recommendation in making an appointment is bound to abide by the advice or recommendation he or she receives.

An official who is required to consult in making an appointment is not bound by that consultation.

Additional Powers Should the people of Bermuda vote in favour of independence, the Government intends that the powers of the Public Service Commission should be broadened to include responsibility for the Government Auditor, now in the hands of the Governor acting either in his or her own discretion or on the advice of the Public Service Commission.

The Government proposes that the Auditor-General, a title he or she would assume after independence, should be appointed and disciplined by the Governor-General on the recommendation of the Public Service Commission.

Because of his or her involvement with the financial performance of the Government and the need to protect his or her office from political interference, the Government believes care should be taken to ensure that power to initiate the process to remove an Auditor-General is not used lightly. The Government proposes that power to remove the Auditor General for inability or misbehaviour should be vested in the Governor-General, acting on his or her own initiative. He or she is then obliged to appoint a Tribunal to investigate and make recommendations on the question of whether to remove the Auditor-General from office.

The Government intends that the provisions relating to the appointment of the Auditor-General should be ordinarily entrenched, so as to prevent their being altered without good cause. The following are matters for entrenchment: a. The establishment of the Auditor-General's office.

b. The manner of his or her appointment.

c. The security of his or her remuneration.

d. The function of the Auditor-General's office and his or her relationship with Parliament.

e. The tenure of his or her office.

f. The appointment of a Tribunal if he or she is to be removed from office.

The Government intends that an independence Constitution should make no substantial change in the appointment of a Secretary to the Cabinet or other senior public servants.

2. The Judicial and Legal Service Commission In order to safeguard the independence of the Judiciary and Government's legal officers, staffing matters are now dealt with by the Governor, acting in his or her discretion.

In an independence Constitution, the Government intends to establish a Judicial and Legal Service Commission to perform for those officers a function similar to that of the Public Service Commission.

Government intends the members of this Commission should include: a. The Chief Justice, who would be its ex officio chairman.

b. The President of the Court of Appeal or a Justice of Appeal designated by the Governor-General on the advice of the Chief Justice.

c. The Chairman of the Public Service Commission.

d. Two people appointed by the Governor-General on the advice of the Prime Minister, after the Prime Minister had consulted with the Leader of the Opposition.

e. One person appointed by the Governor-General after consultation with the Bermuda Bar Council.

As with the Public Service Commission, the Government proposes that an independence Constitution bar service in the Judicial and Legal Service Commission to a person for ten years after his or her nomination for election, even if he or she were not elected, and would extend the ban to service in the Senate. A member of the Commission could not, therefore, be: A person nominated for election to the House of Assembly during the preceding ten years.

A person who had been a Member of the House of Assembly during the preceding ten years.

A person who had been a Senator during the preceding ten years.

The Government's proposed provisions for removal from office would vest such powers in the Governor-General. The Governor-General, acting in his or her own discretion, would have power to remove members of the Commission from office for misbehaviour and for inability. A member of the Judicial and Legal Service Commission could not, however, be removed from office for any reason other than disqualification, misbehaviour, inability or at the expiration of his or her term of appointment.

Legal Officers Power to make appointments to public offices for which people are required to possess legal qualifications, and to remove and exercise disciplinary control over the holders of such offices, would be vested in the Governor-General acting on the advice of the Judicial and Legal Service Commission.

Appointment to the posts of Attorney General, Solicitor General, Chief Parliamentary Counsel, Registrar of the Supreme Court and the Director of Public Prosecutions would be made by the Governor-General on the recommendation of the Judicial and Legal Service Commission, once it had consulted the Prime Minister.

Bermuda's Constitution now provides for the possibility of the office of Attorney General being held by a member of Parliament, in which case a Director of Public Prosecutions should be appointed to fulfil the Attorney General's function as a public prosecutor. The Government intends this provision would continue and the Director of Public Prosecutions would be appointed and removed in the same way as an Attorney General, on the same terms and conditions as a Judge.

The Judiciary The Judiciary of Bermuda is independent of both the legislative and the executive branches of Government. Members of the Judiciary play an important role in Bermuda's system of Government by determining common law and interpreting statutes and the Constitution.

Under current Constitutional provisions, the Chief Justice is appointed by the Governor, acting after consultation with the Premier, who must first consult the Leader of the Opposition. The Governor may appoint any person qualified for appointment, even though the Premier may not agree with the appointment.

The Government intends that under an independence Constitution, the Governor-General would appoint the Chief Justice on the recommendation of the Judicial and Legal Service Commission, after it had consulted the Prime Minister and the Leader of the Opposition.

Where the President of the Court of Appeal is concerned, the current Constitution gives the Governor power to make the appointment acting entirely in his or her own discretion. The Government intends that if the people of Bermuda vote in favour of independence at the upcoming referendum, the appointment of the President of the Court of Appeal should be made by the Governor-General on the recommendation of the Judicial and Legal Service Commission after consultation with the Prime Minister and the Leader of the Opposition.

Justices of the Court of Appeal and Puisne Judges, the Government intends, should be appointed by the Governor General acting on the advice of the Judicial and Legal Service Commission.

Removal of High Court Judges and Justices of the Court of Appeal The Governor-General is entitled to act in his or her own discretion in deciding whether a Judge of the Supreme Court or Court of Appeal should be investigated with a view to being removed from office because of inability or misbehaviour. Members of an investigating Tribunal must be appointed from among those who hold or have held `high judicial office'.

The Government proposes that power to initiate the process to remove the Chief Justice or the President of the Court of Appeal for inability or misbehaviour should be vested in the Governor-General. The Governor-General is then obliged to appoint a Tribunal which shall be required to investigate and make recommendations on the question of whether to remove the Chief Justice or President of the Court of Appeal from office. The investigatory Tribunal's members must have held office as Judges of a Court of unlimited jurisdiction in the Commonwealth.

In the case of the removal of Judges of the Court of Appeal and of the Supreme Court, a Tribunal should be appointed by the Governor General, acting either on his own initiative after consultation with the Chief Justice or the President of the Court of Appeal or on the recommendation of the Chief Justice or the President of the Court of Appeal with regard to their respective areas.

In appointing members of the Tribunal in these cases, the Governor-General acts on the advice of the President of the Court of Appeal or Chief Justice, as the case may be.

Judicial Committee of the Privy Council (Privy Council) Government is of the firm opinion that the ability to make such appeals to the Privy Council should become a specially entrenched provision of a post-independence Constitution because of the importance which both Bermudians and members of the international business sector attach to the desirability of retaining access to the Privy Council.

3. The Police Service Commission This third Commission deals with appointments of Police officers. It should have functions, powers and privileges similar to those of the Public Service Commission.

In respect of the Commissioner and Deputy Commissioner of Police, power to make appointments is currently held by the Governor, acting after consultation with the Public Service Commission. After independence, these officers should be appointed by the Governor General, acting on the advice of the Police Service Commission, after it, in turn, has consulted the Prime Minister.

Government intends that the the following members of the Commission, would be appointed by the Governor-General after consultation with the Prime Minister.

a. A former senior public servant who would be its Chairman.

b. A former senior member of the Defence Force.

c. One of the members of the Public Service Commission.

Two additional members of the Commission, both members of the public, would be appointed by the Governor-General on the recommendation of the Prime Minister, after he had consulted with the Leader of the Opposition.

As with the Public Service Commission, the Government proposes that an independence Constitution would bar service in the Police Service Commission to a person for ten years after his or her nomination for election, even if he or she were not elected, and would extend the ban to service in the Senate. A member of the Commission could not, therefore, be: A person nominated for election to the House of Assembly during the preceding ten years.

A person who had been a Member of the House of Assembly during the preceding ten years.

A person who had been a Senator during the preceding ten years.

The Government's proposed provisions for removal from office would vest such powers in the Governor-General. The Governor-General, acting in his or her own discretion, would have power to remove members of the Commission from office for misbehaviour or for inability. A member of the Police Service Commission could not, however, be removed from office for any reason other than disqualification, inability, misbehaviour, or at the expiration of his or her term of appointment.

GOVERNMENT AND ADMINISTRATION The Monarchy In the event the voters of Bermuda vote in favour of independence, the Government intends Bermuda should remain a Monarchy and the reigning Monarch would be invited to become Head of State, as is the case in a number of Commonwealth States. In each such state, the reigning Monarch is represented by a Governor-General, who is appointed on the advice of the Prime Minister of the country. The Governor-General's function is completely independent of the British Government.

The Governor-General The Governor-General would be appointed by the reigning Monarch on the advice of the Prime Minister, after he or she had consulted with the Leader of the Opposition. In the execution of his or her duties, the Governor-General would act on the advice of Cabinet or of a Minister acting under the general authority of the Cabinet, except where he or she is required to act on his or her own discretion or on the advice of some other authority. His or her term of office would be three years in the first instance, renewable for one further term of two years. These provisions are typical of the Westminster form of Government. Similarly, the Monarch acts on the advice of Ministers of the British Cabinet.

Government Independence position papers The Governor-General would play an important part under an independence Constitution and all of his or her functions would be prescribed in an independence Constitution. Among such functions, he or she would summon, prorogue and dissolve Parliament, give Royal Assent to Bills passed by Parliament and appoint and convene a Boundaries Commission. He or she would formally appoint many office-holders, including Government Ministers, judges, diplomats and Officers of the Bermuda Regiment. He or she would also play a large ceremonial role, as does the Governor now.

The Governor-General, by convention, invites the leader of the political party which commands a majority in the House of Assembly to form a Government.

Similarly, the Governor-General also appoints the Leader of the Opposition from the party whose numerical strength is greater than that of any other opposition party.

Acting Governor-General During any period when the office of Governor-General is vacant, or the holder of the office of Governor-General is for any reason unable to perform the functions of his or her office, those functions shall be performed by such person as the reigning Monarch may appoint, on the advice of the Prime Minister, after he or she had consulted the Leader of the Opposition.

Any person appointed shall hold office during the Monarch's pleasure and shall in any case cease to perform the fuctions of the office of Governor-General if the holder of the office of Governor-General is about to assume or resume those functions.

The holder of the office of Governor-General shall not be regarded as absent from Bermuda or unable to perform the functions of his or her office at any time when there is a subsisting appointment of Deputy under an article of the Constitution.

The Acting Governor-General shall exercise all of the powers of the Governor-General.

Deputy Governor-General When the Governor-General: (a) Has occasion to be absent from the seat of Government but not from Bermuda; or (b) Has occasion to be absent from Bermuda for a period that he or she considers will be of short duration; he or she may appoint, subject to the approval of the Prime Minister, any person in Bermuda to be his or her Deputy during such absence or illness and in that capacity, to perform on his or her behalf the functions of the office of Governor-General.

The Deputy Governor shall exercise such powers as are delegated to him or her by the Governor-General.

Removal from Office of the Governor General The Governor-General may be removed from office where: (a) He or she wilfully violates any provision of the Constitution or behaves in such a manner as to bring his or her office into disrepute.

(b) He or she behaves in a manner that endangers the security of Bermuda.

(c) He or she is unable to perform the functions of his or her office because of physical or mental incapacity.

(d) He or she is appointed to any office or engages in any occupation which is clearly a conflict of interest. (e) The procedure for the removal of the Acting Governor would be the same as for the Governor General.

The Procedure for Removal from Office of the Governor-General The Prime Minister, after consultation with the Opposition Leader, shall appoint an investigatory tribunal whose members must hold or have held office as judges of courts of unlimited jurisdiction in the Commonwealth. The Prime Minister would be obliged to accept the recommendation of the tribunal and advise the Monarch accordinly.

The Legislature The Government proposes no change in the constitution of the legislature. The two Houses of Parliament would remain the same in terms of the qualifications laid down for appointment to the Senate or elected to the House of Assembly, in terms of the numbers of people appointed to the Senate or election to the House and in terms of the rules and functions of both Houses. The President and Vice-President of the Senate, the Speaker and Deputy Speaker of the House of Assembly would be selected in the same way as they are now.

The Senate, as it does now, would comprise five members appointed by the Governor-General on the advice of the Prime Minister, three on the advice of the Leader of the Opposition and three appointed by the Governor-General, acting in his or her own discretion, after consultation with the Prime Minister and the Opposition Leader. Those so nominated and appointed could be removed by the same method.

Executive Powers The executive authority of Bermuda would be vested in the Monarch as the Head of State, but that authority would be exercised on behalf of the Monarch by the Governor-General, acting on the advice of the Cabinet, or of a Minister acting on the general authority of the Cabinet.

There would be little change in the composition of the Executive. The Prime Minister would be appointed by the Governor-General as the person best able to command the confidence of a majority of the House of Assembly. Similarly, the Leader of the Opposition would be appointed on the basis of being the member of the House of Assembly who, in the opinion of the Governor General, was the member of the House of Assembly acceptable as Opposition Leader to a majority of the opposition members of the House.

The Cabinet The Government intends there should be no changes in the method of selection of Ministers of the Cabinet, or of the Cabinet's composition and function in an independent Bermuda. All Cabinet Ministers must be members of the legislature, selected by the Prime Minister. The Cabinet is chosen mainly from members of the House of Assembly, but must include one, and may include not more than two members of the Senate. The Cabinet may include no fewer than six, nor more than 13 Ministers other than the Prime Minister.

The primary function of the Cabinet is to determine Government policy and to exercise a general supervision of Government Departments in the implementation of those policies. Ministers have a collective responsibility for the policies and actions of the Government, as well as an individual responsibility to Parliament for the activities of their particular Ministries.

The Franchise Only Bermudian citizens of or over the age of 18 years would be entitled to register to vote after independence. Constituencies The Government supports the retention of traditional parish boundaries.

However, those changes which might take place within the parish boundaries will be a matter for negotiation at a Constitutional Conference.

Boundaries Commission The Government intends to continue the role of Boundaries Commissions which would be appointed to review constituency boundaries from time to time as the Governor-General, acting after consultation with the Prime Minister and the Opposition Leader, feels appropriate. The current Constitution requires that a Commission be appointed not less than three nor more than seven years after the date on which its predecessor submitted its report. The Government proposes no change in these provisions.

The Chairman of the Boundaries Commission would be appointed by the Governor-General, acting in his or her discretion. One member would be appointed by the Governor-General, acting in his or her discretion, from among people who hold or have held high judicial office. Two of the members of the Commission would be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, from among the Government members of the two Houses. Two members would be appointed by the Governor-General, acting in accordance with the advice of the Opposition Leader, from among Opposition members of the two Houses.

EXTERNAL AFFAIRS Bermuda's Constitution provides for the Governor to be responsible for the following matters: a. External affairs.

b. Defence, including the armed forces.

c. Internal security.

d. The Police.

The Governor's responsibility is to the United Kingdom Government which now possesses an ultimate power of control in respect of these matters, although in practice, there is consultation with, and some delegation to, the Bermuda Government.

The Constitution also provides for the establishment of a Governor's Council, under the Governor's chairmanship, with the Premier and two or three other Ministers as members, to consider issues connected with the four matters listed above.

Responsibility for various matters in relation to the Police has been delegated since 1977. There has also been delegation by the United Kingdom Government to the Bermuda Government on an ad hoc basis, for the negotiation of the Tax Treaty with the United States for example, for negotiations with foreign governments over visa arrangements and for other matters. The Bermuda Government now has a good working experience in these four areas and exercises considerable influence -- in some, just short of final control.

In the event of independence, Bermuda would assume full responsibility for all these matters.

External Affairs The full responsibility of a sovereign nation would devolve upon Bermuda in the event the voters of the country decide in favour of independence.

The foreign policy of Bermuda would be the maintenance of the present cordial relations with friendly nations, particularly those democracies which respect and promote individual freedom and human rights, and in cooperation with them, the promotion of the welfare of mankind.

The Commonwealth and the United Nations The Government, in the event Bermudians wish to become independent, intends to apply for full membership of both the Commonwealth and the United Nations.

Ministry of External Affairs In the event of independence, it would be Government's intention to create a small Ministry of External Affairs which would be subsumed in the Prime Minister's, or in some other Minister's Office.

It would not be Government's intention to open overseas missions for at least three years, relying instead on conducting business with foreign missions in Bermuda and ministerial visits as necessary. During the course of these three years, a careful assessment would be made to establish whether overseas missions, particularly to New York and London, would be beneficial to Bermuda.

Without overseas missions, the creation of this Ministry would be expected to cost approximately $1.33 million. As detailed in the Green Paper, these costs would be broken down as follows: a. Ministry in Bermuda $473,557 b. UN Membership fee $102,000 c. Subscription to UN Peacekeeping Budget $350,000 d. Subscription to UN Specialised Agencies $325,000 e. Subscription to Commonwealth Secretariat $80,000 Total $1,330,557 Government confirms the observations made in both the White Paper of 1979 and the recent Green Paper that the Government should move with caution before opening overseas missions.

The Government recognises Bermuda's limited money and manpower resources and the need to use them wisely. Unlike most other territories, including relatively small ones, there are no Bermudian communities abroad of significant size requiring consular support and no exports (of goods) or foreign markets which need to be protected or developed.

Passports Because Bermudians travel frequently, it is worth repeating some of the information contained in the Green Paper on Independence which referred to passports and consular assistance.

Bermuda's passport is now that of citizens of the British Dependent Territories. Very quickly after the issue of this new document in the 1980s, Bermudians began to experience difficulty travelling abroad. These problems were severe enough to warrant the Government entering into negotiations to secure visa-free access to a number of countries. Fourteen countries in addition to the United Kingdom now recognize the Bermuda-issued British Dependant Territories Citizen passports and do not require visas.

Some concern has been expressed about post-independence Bermudians who find themselves in difficulty while travelling abroad. They are now entitled to seek assistance at the nearest British mission or consulate which contacts the Bermuda Immigration Department and renders appropriate assistance. Although many Bermudians travel, few have had this sort of difficulty in the past.

The United Kingdom continues to represent the interests of their newly-independent territories, if they wish, for up to one year after independence. After that, Bermudian nationals in difficulty in Commonwealth countries would be able to approach the host Government for help. In non-Commonwealth countries, British missions would continue to assist if asked, although Bermuda would be expected to pay any expenses incurred, as it does now.

These arrangements appear to have served the nationals of other independent Commonwealth countries satisfactorily.

Treaty Succession Bermuda has become signatory, as a British Dependent Territory, to a variety of treaties, conventions and agreements entered into by Great Britain. Every dependent territory which becomes independent must decide which of these instruments will be continued and which will no longer be necessary. These treaties set general rules of international conduct. They cover every aspect of the international life of a state, including such things as postal activity, telecommunications, broadcasting, customs, commerce, navigation, visa requirements and human rights.

These treaties have been extended to Bermuda over many years, since 1968 always with the knowledge and consent of the elected Government of Bermuda.

Sometimes, they have had to be modified to take account of Bermuda's particular circumstances.

The Government intends to follow the usual practice in such matters, which is to succeed to all treaties in the first instance, on the condition that within a reasonable period of time, the Government would decide which were of importance and benefit to Bermuda and therefore should be retained. Those of no significance would be discontinued.

As noted in the Green Paper on Independence, the Attorney General's Chambers had independently begun a review of treaties and agreements extended to Bermuda before the Paper was written.

Internal Security and Defence The Governor is responsible for the Police, the Bermuda Regiment, internal security and defence. In the event of independence, these responsibilities will become those of the elected Government.

Operational responsibility for keeping the peace in Bermuda rests with the Police, assisted as needed the Reserve Constabulary and the Regiment.

Independent assessments of Bermuda's internal security capabilities indicate Bermuda has a well-trained and well-equipped response to local threats. It would be the Government's intention to do all that is necessary to continue to ensure that these organisations are adequately equipped and trained to deal with any internal security contingency which may arise.

Government intends to ask the United Kingdom Government to review Bermuda's present capabilities to determine what, if any, additional resources might be required to ensure that Bermuda has the ability to look after itself.

Steps were taken in the past to ensure that the Bermuda Regiment would, in future, be able to fulfil its commitments without external reinforcement. As a result, equipment was added, training was improved and the establishment of the Regiment was increased from 450 to 700. Since then, Police capability has also substantially improved, both in respect of equipment and manpower.

The current preparedness and professionalism of these organisations are conditions of which the community should be proud. The Government is aware that this preparedness has been aided by advice and assistance available to Bermuda from the United Kingdom. The Foreign and Commonwealth Office has assured Bermuda that, in the event of independence, this advice and assistance would continue to be available, as it is to many independent Commonwealth countries. The Government intends to have, as a formal precaution, a Treaty of Friendship with either the United Kingdom, Canada or the United States of America to cover its defence.

In common with many small territories, Bermuda would not be able, standing alone, to defend itself against a determined attack. Bermuda's geographic location and the fact that the United States of America is the closest neighbour make any invasion by hostile forces highly unlikely.

Aviation Matters Regulation of all aviation activities in Bermuda is currently derived from United Kingdom legislation extended to Bermuda. Should the people of Bermuda vote for independence, the country would assume responsibility for of all these matters, including air routes and the maintenance of appropriate international treaties.

It would be the Government's intention to join the International Civil Aviation Organisation, a specialised agency of the United Nations to which Bermuda through the United Kingdom is already a contracting state. Bermuda would then be required to pass legislation to ensure conformity with the provisions now set out in United Kingdom regulations.

It would, however, be in Bermuda's interests to exceed some of these United Kingdom and International Civil Aviation Organisation standards, especially where a higher standard has already been established in Bermuda under the United States Federal Aviation Regulations.

Bermuda's legislation would also have to deal with Bermuda's Register of Aircraft. In this area, it would be the Government's intention to continue to maintain the highest standards of operation, in order not to jeopardise Bermuda's reputation as a first class tourism resort and centre for international business.

Shipping Register The Bermuda Shipping Register was ranked 32nd of 50 of the world's principal merchant fleets, in terms of gross registered tonnage, by the last edition of Lloyd's Register.

It is a part of what is known as the Red Ensign group, a collection of jurisdictions which together form the British Register. The standards of this group are very high, and all the principal maritime conventions have been extended to Bermuda. As a result of the coming into force of the Merchant Shipping Act, 1988, Bermuda has been classified as a Category 1 register, which can accept for registration vessels of all types and sizes.

Bermuda's register is considered to be a world class register, with safety standards equivalent to those of the other major registers and with a Registrar and staff who are knowledgeable and responsive.

Bermuda's register is in a sense, a niche requirements register, since the restrictions on manning associated with being a British Register effectively exclude many large shipping groups from registering here.

Among the benefits of belonging to the Red Ensign group is the fact that Bermuda is now represented at the International Maritime Organisation and the International Labour Organisation by Britain at no cost. British consular representation is also available for ships on the register and their crews and Bermuda has the benefit of technical assistance from United Kingdom government agencies.

It is possible to continue these services on commercial basis, post-independence.

The Bermuda Shipping Register is considered to be a competent and well-run register and should contiue to be so in the event of Independence. The Government does not foresee any major changes in the day to day operation of the Bermuda Shipping Register post-indepedence.