The House of Assembly passed a bill aimed at getting Bermuda to join an international effort against the scourge.

Health and Social Services Minister the Hon. Quinton Edness hailed The Criminal Justice (International Co-Operation) (Bermuda) Bill 1994 as an important step.

Mr. Edness said the bill would allow Bermuda to be covered by the Vienna Convention against illicit drug trafficking.

"The proposed legislation will not only enhance Bermuda's ability to combat drug trafficking, but also its credibility in the international area,'' he told MPs.

He added: "This bill is only one of the steps which the Bermuda Government will be asked to take so that it can combine with other countries in the war against international crime.

"Undoubtedly, the proposed legislation will need to be amended in the future as international cooperation is extended; or, alternatively, additional legislation may be required in this regard.'' Mr. Edness explained part of the bill set out procedures for Bermuda to cooperate with other countries in: Criminal matters of any kind, in the serving of summonses and other judicial documents, providing evidence, and in the transfer of prisoners to testify or assist in investigations; and The enforcement here of overseas "forfeiture orders'' in respect of drug offences.

Said Mr. Edness: "It is understood that the United States may have a policy whereby it would share the proceeds of forfeiture orders, in respect of drug offences in that country, with other countries who assist in the enforcement of such orders, provided that the benefiting country uses the proceeds that it receives to reduce the supply and/or demand for illicit drugs.

"This opportunity will be pursued once the proposed legislation is in place.'' Mr. Edness said other parts of the bill would: Make it an offence to manufacture or supply certain "specified substances'' knowing or suspecting they are to be used in the illicit production of drugs; Make it an offence to conceal, transfer or divert the proceeds of drug trafficking; Allow a Customs officer or Policeman to seize and hold for up to 48 hours cash being imported here or exported, if there is a suspicion it represents the proceeds of drug trafficking or is intended for it; and Allows a magistrate to hold the cash for longer periods; Mr. Edness explained the background to the bill.

He said the December 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances -- known as the Vienna Convention -- committed those that ratified it to have comprehensive legislation in place to combat drug trafficking.

It also committed signatories to cooperate with other countries on criminal proceedings and investigations.

The United Kingdom legislature, therefore, passed the Criminal Justice (International Cooperation) Act 1990, said Mr. Edness.

This, together with its Misuse of Drugs Act 1971 and Drug Trafficking Offences Act 1986, enabled the UK to become a signatory to the Vienna Convention, he added.

"The UK subsequently requested its Dependent Territories to put similar measures in place.

"Bermuda's Misuse of Drugs Act 1972 and Drug Trafficking Suppression Act 1988 already enables it to comply with some of the requirements of the Convention.'' Mr. Edness said full compliance could have been achieved by having the UK's Criminal Justice (International Cooperation) Act extended to Bermuda.

"However, it was decided that it would be more convenient and practical for Bermuda to introduce legislation in its own language but which would mirror the UK Act so that as jurisprudence develops the decisions of the English higher courts can be made available as precedents in Bermuda.

"Accordingly, the current bill is intended to meet the objective and will permit the UK Government to extend the Convention to Bermuda.'' The Opposition's spokesperson for Legislative Affairs Mrs. Lois Browne Evans said while there was no question MPs supported the anti-crime bill, she was upset with the way it was introduced.

Most of her address centred on the lack of time the PLP had been given to research the very technical bill and the fact it had such a short explanation attached to it.

There was not even a copy of the Vienna Convention attached or in the House, she noted.

How could Government expect part-time politicians meeting just once a week to be able to research the 30-page bill properly?, she asked "There is much more courtesy due the Opposition,'' she said.

The bill was a "classic example'' of why the Country should move quickly towards Independence.

"The nutshell of it, is this Country is now in cooperation with other countries abroad in putting on its statute books a piece of legislation that is a result of the growth of the illegal drug trafficking trade,'' she said.

She questioned why Bermuda was not getting a similar bill as the UN's Vienna Convention. "I understand that this bill equates to it, but we have to take that at face value because there's no copy of the British Act.'' She said Bermuda should "throw off this mental colonial attitude'' and go out on its own and "embrace world organisations and treaties and know them -- not just wait until it gets the bill (from Britain)''.

Mr. John Barritt (UBP) responded: "This bill has not just come to this House today. It has been on the table for weeks and before the House rose for the summer.'' He said all the Opposition had to do if it had wanted more information, was ask.

He added: "This bill stands on its own and sends a message as to where this Country stands.'' Mr. Nelson Bascome (PLP) felt the bill did not delve deep enough into some issues.

He also had a problem with the fact there was not a copy of the Vienna Convention in the House library.

Noting 1991's Drug Suppression Act had only resulted in one forfeiture case which was partially successful coming to the courts since its passage, he said he hoped this Act would give the AG's the ammunition it needed to go-ahead and fully deal with cases that came under it.

Mr. Bascome noted the US stop list issue had not been addressed.

He said the granting of certificates of rehabilitation ought to have been reviewed so those who had made mistakes and reformed their ways were not penalised.

Another issue not properly dealt with, he felt, was that of the threat of violence by those involved in the drug trade. Proper protection for witnesses giving evidence and prisoners who inform was needed, he said.

On the subject of evidence, the security of it also did not seem to be adequately addressed in the bill, he felt.

Mr. Bascome concluded by saying it was worth exploring an anti-money-laundering suggestion that American visitors change all their money into Bermuda currency before they leave the airport, and change it back into American as they depart the Island.

The measure could eliminate vast amounts of money going through the black market.

Mr. Stanley Morton (PLP) said he believed the drug business was even bigger than the $50 million a recent RG Magazine article suggested.

And he said it was his information members of the drug trade were "taking advantage of racism in society'' and using it skillfully to aid their cause.

"I cannot elaborate at this time,'' he said.

Mr. Morton said he had concerns about the number of drug case that were failing before the courts when "at first they seemed such a good case''.

"Now what we are getting are headlines needing to do away with juries and the natural process of justice and get away from the presumption of innocence.

That's desperate talk.'' Mrs. Ann Cartwright DeCouto (UBP) said it should not be forgotten the bill at hand was not related solely to drug offences, but crime in general. And it involved international provisions for both defendants and witnesses.

Mrs. Cartwright DeCouto said she tended to disagree with the suggestion Mr.

Bascome spoke of to counter laundering drug money. She recalled a case where a drug courier who ended up in Casemates bought uncut diamonds locally with drug money and the trafficker planned to sell them back in the US. There was also the issue of Bermudians obtaining US currency for travel abroad, which was often used as a laundering method.

"I think that there are far too many loopholes to warrant this particular step towards inconveniencing our visitors. It will not deter those who are hell-bent on breaking the law and getting into the evils of the business.'' Responding, Mr. Edness said the bill had been introduced before the summer. He added: "It is not the kind of bill we ought to be trying to kill each other politically over.'' He said Mr. Bascome's suggestion of a review of a certificate of rehabilitation would be taken up, though there had been much cooperation between the US and Bermuda on wavers. But the short answer was US law required if a person commits a drug offence he is not permitted to go into the United States. The US representative here -- not the Bermuda Government put the names on the list, he noted.

PLP MP Mr. Stanley Morton asked why the Criminal Justice (International Co-operation) Bermuda Act 1994 should be under the Ministry of Health and Social Services.

Mr. Edness replied that was done because this bill involved parallel concerns as the current Misuse of Drugs Act which rests squarely within the Ministry of Health and Social Services.

He pointed out that everything contained in the bill -- from the transportation of overseas witnesses to foreign nationals in Bermuda prisons needed to testify in drugs trials in other countries -- was voluntary.

Mr. Bascome wanted to know how the new bill would effect those currently on the United States stop list.

Continued in Monday's newspaper.