MPs stunned as Bermudiana bill flashes through without debate
Uproar erupted yesterday after a bill allowing foreign ownership of the Bermudiana site passed in under 42 seconds -- without debate.
Several Government MPs, surprised by the swift passage of the private bill in the House of Assembly, reacted furiously.
At least two -- John Barritt and Tim Smith -- admitted they had been unaware of Parliamentary rules on debating private legislation.
"I'm ashamed and embarrassed at what occurred in Parliament,'' said Minister of Technology and Information Mr. Barritt.
The ex-Government Whip feared MPs wanting to speak on the Bermudiana Site Rehabilitation Act 1996 had been victims of a "clever Parliamentary manoeuvre''.
"A bill of such magnitude should certainly have been debated. It seems incredible it should go through when only about half the MPs were present.'' He added: "We thought we would be invited by the House Speaker to talk on the bill, but that didn't happen. And I accept now the Speaker does not have to do so with private bills.'' United Bermuda Party Government backbencher and former Deputy Speaker Tim Smith directed an accusing finger at the Opposition Progressive Labour Party.
He said PLP MP Reginald Burrows, who introduced the bill in the House of Assembly, should have launched a debate.
"The silence was deafening if not duplicitous,'' he declared, while pointing out he would have supported the bill.
His father, Anthony Smith, runs Villa Development Company which had been interested in building on the Bermudiana site.
But the company's multi-million-dollar office and restaurant scheme was thrown out by planners.
Opposition Leader Jennifer Smith yesterday defended the passage of the legislation.
"I am amazed that a former Government Whip and former Deputy Speaker who have been elected since 1993 do not yet know how private bills get debated in the House.'' She said she was astonished the two MPs should consider themselves hard done by having missed out on the opportunity of speaking.
Ms Smith, whose party backed the bill, said the Opposition position had been clear from the start.
"If Government had spoken on it we would have spoken.'' The Bermudiana bill allows ACE Ltd and Exel Ltd to bypass the 60/40 ownership rule -- which requires that 60 percent of a company be Bermudian owned -- and take over the select Hamilton site off Pitts Bay Road.
ACE Ltd and Exel Ltd had agreed to buy the property from Argus Insurance and develop the site for their new offices, if the bill passed and planning permission was given.
The hotel could now be demolished by March or April with offices for the two firms being phased in over five years.
The ACE and Exel deal is opposed by the Bermuda Financial Centre Ltd which wanted to raise cash to develop the property for offices, shops and a hotel.
It claims the land should be kept in Bermudian hands and still hopes to launch a rival bid despite struggling to raise the necessary cash.
The United Bermuda Party had declared a whip for yesterday's vote. This compelled MPs to toe the party line and back the legislation.
Premier David Saul, however, said the whip decision was a formality after the issue was thrashed out at a marathon caucus meeting.
The House of Assembly was about half-full when Opposition House Leader Reginald Burrows introduced the bill for its second and third readings.
Several MPs said they were absent because they believed the debate would last several hours.
After the bill passed without objections, Mr. Smith tried to protest in the motion to adjourn -- a period when MPs can speak on virtually any subject.
But House Speaker Ernest DeCouto ruled him out of order, saying the private bill had already been passed.
He later pointed out to MPs that Parliamentary rules for private bills and public ones were different.
With a private bill, any MP wishing to debate had to ask the Speaker to move the bill be "committed to the House''.
Mr. DeCouto pointed to the Rules of the House relating to private bills.
Uproar in House as Bermudiana bill passes in less than 42 seconds From Page 1 This states: "At any time during the proceedings on the second reading of a Private Bill such as is described in paragraph (a) hereof any Member may (notwithstanding that he may have spoken) interrupt the proceedings and move without notice that the Bill be committed to the House in Committee of the whole House for consideration, which motion shall be put without amendment or debate.'' Mr. DeCouto later told The Royal Gazette : "Any member could have got up and said `Mr. Speaker I move that the bill be committed to the House in Committee', but nobody did.
"It just went through. I think Mr. Burrows thought the passage of the bill was a fait accompli given that both parties were meant to be supporting it.'' Last night Mr. Smith said he had listened to a tape-recording of proceedings.
"I timed it. I'm stunned that the bill went through in less than 42 seconds.'' Mr. Smith said the tape demonstrated the bill was passed after Mr. Burrows had stated: "I move the clause and the preamble''.
"There are at least nine clauses in the bill and there is a schedule to the bill -- all of which should have been moved.
"But this was not done. The preamble to the bill should have been moved last, not with everything else.
"I was completely taken aback by what happened and I put the blame squarely on Mr. Burrows.
"He showed a lack of courtesy in respect of the House and the people of Bermuda.
"He should have committed the bill to the House so that we could have debated it, but he offered nothing.'' He continued: "The PLP have talked about the UBP selling out to foreign interests, but today it didn't offer anything in the form of a debate.'' Mr. Smith said the Speaker was not to blame.
"He never had to invite us to speak on the bill. I put the blame squarely at the feet of Mr. Burrows.
"He moved the bill incorrectly and the Speaker let it go through inadvertently. I intend to follow this up with the Speaker Monday.'' Government rebel Ann Cartwright DeCouto -- absent from the House when the bill passed -- was also angered.
"The bill has many implications. The Minister of Finance Grant Gibbons and the Premier should have stood up and explained the effect of the bill and why we have diverted from present policy and explained why Government supported it,'' she said.
"They should also have explained fully the provisions of the bill which included not only a departure from the 60:40 rule but an ability to lease any or all parts of the building without any further interference into perpetuity.'' Minister of Health and Social Services Clarence Terceira last night expressed surprise.
"I thought there would be some debate. I would not have anticipated that it could just go through like that.
"I thought there would be half a dozen speakers. I wasn't surprised it passed but surprised by the way it went through. I wasn't even in the House.'' Labour Minister Quinton Edness, however, said MPs absent when the bill passed had only themselves to blame if they had wanted to speak on it.
"The bill went through in the normal way. It may seem surprising that it went through so quickly, but both parties have had weeks and weeks to discuss it.
"People supported it because it is in the best interests of the Country.'' Last night Mr. Burrows could not be reached for comment.
PLP's Reginald Burrows
