An Opposition motion rejecting Government's call for a Commission of Inquiry passed without objection in an extraordinary day in the House of Assembly yesterday.

The debate saw Tourism Minister the Hon. C.V. (Jim) Woolridge lambaste his Government's initiative, only to be sharply criticised himself by his Cabinet colleague, Transport Minister the Hon. Maxwell Burgess .

In bringing forward his motion, Opposition Leader Mr. Frederick Wade said it was made necessary because Premier the Hon. Sir John Swan did not consult Parliament before calling for a Commission of Inquiry on Independence.

"It was simply a proclamation by the Premier and an announcement by the Cabinet that this would be the case,'' Mr. Wade said.

It showed "contempt for the electorate and this Parliament,'' he said. The Progressive Labour Party leader's motion resolved: "That this House rejects the Government's intention to call upon His Excellency the Governor to establish a Commission of Inquiry under the Commissions of Inquiry Act 1935, to examine the issue of whether Bermuda ought to remain a dependent territory of Great Britain or to become an Independent nation within the Commonwealth, as set out in the terms of reference attached to the statement made to the House by the Premier, the Hon. Sir John Swan, on Friday, 4th February, 1994.'' He noted the Independence matter was raised immediately after an election in which it was not raised.

A Commission of Inquiry would be appointed by the Governor and that was wrong, Mr. Wade said. "Independence is an internal matter for us to consider,'' he said. "It is not for the British Government or anyone else. "The Governor has no place in this consideration.'' While the Opposition opposed a Commission of Inquiry, "we're still not sure what the Government's intentions are,'' he said.

It was interesting that the first term of reference of the commission was to investigate the pros and cons of maintaining dependent status. The metropolitan relationship that was given to the Falkland Islands had been "dangled or discussed'' as a possibility once Hong Kong was returned to the Chinese in 1997.

But the first person to raise that was the Premier himself. In the United Kingdom, "nobody is considering it and it's not something that we can consider as an option, at least at this stage.'' While some would like to know whether there was anything to the offer of right of abode in England and the European Union, "for us Independence is the way for Bermuda to go and not to seek some other status where we maintain our dependent territory status,'' he said.

"Maybe we can have both, but certainly Independence is what we ought to have first.'' While some mostly white Bermudians already had a form of metropolitan status through British citizenship, for black Bermudians in particular, the option was not so attractive.

Life in Britain could mean living unemployed in Brixton, he said. While means and money could buy the way to Mayfair, for the average Bermudian there would be "great difficulty assimilating into Britain or Europe.'' Mr. Wade said, under the law, the Governor had the "discretion'' whether or not to set up a Commission of Inquiry.

Government could not advise or tell the Governor to set up the Commission.

"The Governor has to do it on his own volition.'' Mr. Wade said Britain had already made it clear Independence was a matter for Bermuda.

And yet a British Governor had to decide whether to set up a Commission to investigate Independence.

"We object to that.'' Mr. Wade said the Governor also had the power to pick members of the Commission.

"All the Premier and I can do is to consult. The total investigation is being left to a British Governor.'' Mr. Wade stressed Lord Waddington only needed to consult himself and Sir John.

There was no way the Progressive Labour Party would countenance this -- particularly with an issue as important as Independence.

"We want our own man on the spot.'' Mr. Wade asked: "Do you think Mandela would have allowed de Klerk to pick representatives to fight apartheid? "For too long in this world white people have been picking black spokesmen.'' Mr. Wade said the PLP had an unhappy history of consultation with Government House, the Premier, and Government.

In 25 years, for instance, none of the PLP's nominees for the Public Service Commission had been chosen.

And PLP names were not picked for the probe into the fish pot ban.

"Why should we now expect any different?'' He added: "We are not stupid. Independence is too important. We want to pick our own people, or we won't take part in it.'' Mr. Wade said Independence was a philosophical issue -- and a Commission of Inquiry was the wrong mechanism for examining it.

A Commission -- a quasi-judicial body -- was more suitable for looking into a disaster or a prison break-out.

Mr. Wade said people could be "subpoenaed'' to attend a Commission, and demanded to give their thoughts on Independence.

Those who refused would commit a criminal offence, and could be fined. If they did not pay, they could be sent to jail.

"This can't be the way we must do it. It would be the wrong atmosphere.'' Mr. Wade said the PLP backed a Green Paper -- or discussion document -- as a way of "propagating'' Independence.

A Green Paper was produced on the issue when it was last discussed.

"We should dust over the old Green Paper and update it.'' He also reemphasised the Opposition's call for Independence to be decided by a general election -- something Sir John and the UBP disagreed with.

Mr. Wade pointed to another alleged flaw in a Commission of Inquiry.

Previous Commissions had demonstrated how people in Bermuda were afraid to speak their true positions -- for fear of reprisals.

Private sessions were held to allay such worries.

Premier Hon. Sir John Swan believed the debate was a healthy example of democracy.

And he stressed he understood Mr. Wade's concerns about the Governor's powers in picking people to the Commission.

"I have an appreciation of Mr. Wade's apprehensions.'' But Sir John said he had had the advantage of working with Lord Waddington and previous Governors.

They were always willing to be very accommodating.

Sir John pointed out sometimes it was good to have a "third party'' involved in looking at an issue.

This would meet the concerns of people who were apolitical, or not interested in politics.

The Commission of Inquiry would have gone some way to addressing this.

But Sir John added: "I do take Mr. Wade's point.'' Sir John continued by saying the replacement Bill he had brought to the House attempted to remove the "punitive aspects'' of a Commission.

It would have taken away the powers to subpoena.

Sir John turned to Mr. Wade's call for Independence to be decided by a general election.

He said this was the wrong route.

Sir John went on to tackle Mr. Wade's appeal for a Green Paper to examine Independence.

He believed such a paper would not be taken seriously.

Sir John said the proposed Commission would have probed a wide range of issues.

"Every now and again a Country has to take stock of itself.'' Sir John said Government had also sought a "bipartisan'' approach to Independence.

And he stressed he had no problem in supporting Mr. Wade's motion.

It was important not to frustrate moves towards discussing Independence.

The issue was now firmly on the public agenda -- and he believed people would hold Parliament accountable to seeing it discussed.

"I support Mr. Wade's motion in light of the statements he has made.'' Deputy Opposition leader Mr. Walter Roberts asked why Sir John had not met Mr.

Wade earlier to discuss a common approach on Independence.

That would have avoided all the "nonsense'' and "fighting'' over the matter.

"We are at a position now where the Premier and Opposition leader can sit down and come up with an approach that will benefit us all.'' Mr. Roberts said a Commission of Inquiry was a fact-gathering mechanism.

It was not a means of disseminating information.

Mr. Roberts went on to say Independence was inevitable for Bermuda, and would come sooner than later.

In his opinion, Britain would tell Bermuda to "go your merry way'' in 1997.

But when Independence came it would not mean the Island standing alone.

Bermuda would form ties with the rest of the world.

Health Minister the Hon. Quinton Edness said it was premature to try to anticipate how people would vote "once they got hold of the facts on Independence''.

Politicians had to provide the facts and provide leadership.

Both parties were agreed Independence should be examined and a Royal Gazette poll had shown a "large portion'' of the public felt the same way.

He hoped the party leaders could resolve the issue of how members of an examining body would be selected.

The world had changed and there were new issues to look at. It was not enough to simply update the previous Green Paper.

Mrs. Lois Brown Evans said the day had been "tumultuous''.

"It seems to me that the Premier is having hindsights about these matters and it's better late than never.'' A commission of inquiry under the relevant Act of 1935 would have enabled the Governor to appoint whom he wished, she said.

It would have been wrong for the Governor to be the "central figure in this whole topic'' when the UK Government had told the world that it would not push people into Independence.

Although the Premier had been "hell-bent'', he had not been able to go ahead with a Cabinet in disarray and backbenchers revolting.

Tourism Minister the Hon. C.V. (Jim) Woolridge launched a blistering attack on moves towards nationhood.

"I am not opposed to Independence,'' he began. "But I am concerned about the timing of this particular situation.

"This is not something that has been expressed by my constituents, nor is it something they are supporting.

"As far as I am concerned we have no mandate for the direction in which we're going.

"This was not in the manifesto of either the UBP or the PLP, therefore this is, in my humble opinion, the equivalent of Ian Smith declaring his UDI. This is UDI, because the 56,000 people of this Country have not indicated that they are interested in Independence at this time.

"I am very, very concerned that the 40 members of this House -- I am not included -- the 39 members of this House have decided that they can speak and determine without a mandate from the people.

"I am not being disloyal to my party on that, because I am firstly responsible for the affairs of this Country.

"I am concerned about the future of my three grandchildren and the grandchildren of everyone in this House and of everyone in Bermuda.'' In 1986 the Country had been in a better position to go Independent, and the people had decided they did not support it.

At that time there had been no national debt and no unemployment.

Bermuda did not have its present burden of welfare spending then, he said, and the question of the Base -- the Island's "heart and soul'' -- had not arisen.

Which countries were truly independent in the world community, he asked. He had spoken to working people and they were worried about the cost of Independence. The "little hospital levy'' had concerned them.

"It almost seems we're being put on a train,'' Mr. Woolridge said, before the Speaker intervened to warn him he was not speaking to the specific motion being discussed.

"This Country has not been more divided,'' Mr. Woolridge protested. "I have a responsibility in this community as an elected official. I am expressing the concerns of the people.

"This place has never been more divided on an issue we do not have a mandate for.

"I resent the fact that such an important issue we can't return from is not allowed to have a free hearing.'' Transport Minister the Hon. Max Burgess called this probably the most compelling speech of the day on why Bermudians needed education on Independence.

It was an example of ignorance on the subject, he said. "That kind of rhetoric is the kind of thing that misleads people.'' Mr. Woolridge shouted out: "You want to blackmail people.'' Mr. Burgess continued, accusing the Tourism Minister of giving out "inaccurate and outright wrong information''.

He conceded the commission as originally planned would have had punitive powers.

But he did not believe there was not a mandate for seeking information. Many things had changed since the October 5 election, he said, and MPs were obliged to educate the people.

Mr. Wade returned to his feet and stressed that he had not said he would support a modified commission of inquiry.

He wanted a Green Paper and then a general election. A Green Paper would be quicker, cheaper and more accurate than a commission, he said.

He was seeking a "meeting of minds'' with the Premier.

"Let's have a Green Paper and forget commissions of inquiry. They're the wrong method of doing it.'' "Then you would support the referendum?'' the Premier shouted.

Mr. Wade said the referendum proposal had now left the House. "It's nothing to do with me any more.'' His motion was agreed without objection.