Referendum Act gets green light
Party ended at 9.18 p.m. last night when the Independence Referendum Act was passed 20-18 on second reading by the House of Assembly.
The formality of third reading followed about a half hour later.
All Government members present followed the party line as the United Bermuda Party fought off two Opposition amendments and an attempt to give the bill "the six-month hoist.'' The House approved a UBP amendment that will require at least 40 percent of the electorate -- as opposed to voters -- to favour Independence in the referendum for the result to be valid.
The day began with the House voting narrowly to continue the debate, after Opposition Leader Mr. Frederick Wade called for the bill to be discharged and reconsidered in another six months.
Mr. Wade said his party did not make the motion lightly.
But it was taken with the Country's interests at heart.
"I want to remind Government that they have no mandate to proceed with this issue...and it is incumbent on Government to go to the people before they proceed in any way shape or form.
"Government is not qualified or entitled to raise or bring this issue forward.'' Mr. Wade said the UBP had admitted that it had no policy on the issue of Independence so there was no road map to guide its own members or the country.
He said it was the "height of contempt for Bermudians to proceed without a policy.'' Moreover, Mr. Wade said the debate over Independence had divided the country racially and this was a direct result of the Government's failure to bring policy before the House.
Consequently, Mr. Wade said the matter should be taken up six months later.
Labour and Home Affairs Minister the Hon. John Irving Pearman said Government did not share the PLP's view and the motion was defeated 19-18.
Transport Minister the Hon. Maxwell Burgess and Deputy Speaker Mr. Tim Smith, were absent.
Meantime, Mr. Pearman said he felt a "sense of freedom'' because it was now permissible to use the word referendum in the debate.
And he underscored his Government's stance that there would be position papers distributed before the referendum so that Bermudians will know what Government will do on such important issues as citizenship, the appointment of top civil servants, electoral boundaries and the powers of pardon.
But he maintained that it would be wrong to put a White Paper forward before the public made its decision known on the subject of Independence.
"We will not deprive (Bermudians) that exercise in the democratic process,'' he said.
His Cabinet counterpart Mr. Alex Scott retorted that Mr. Pearman "had made the best possible case for probably the worst process'' for Bermuda's Independence.
"The device (referendum) is flawed,'' he said.
Mr. Scott said Government was using bad salesmanship principles in an attempt to get their way.
And it amounted to getting Bermudians to put a down payment on a valuable property without letting them see what they were buying.
"An informed public should know the details before the sale...it may look good in the advertisement but later flaws may be discovered.'' Mr. Scott charged that if the public voted "yes'' in a referendum then it was possible for Government to go straight to a constitutional conference in London after what was really a "cursory examination of the community.'' The Shadow Labour and Home Affairs Minister charged that Mr. Tony Baldry, who has responsibility for Bermuda in the United Kingdom Foreign Office, was "not a gentleman because he copied a confidential epistle (letter)'' addressed to Mr. Wade to the Governor and the Premier.
Furthermore, Mr. Scott charged that the UK's stance was to "wash their hands of the matter.'' Finance Minister the Hon. Dr. David Saul reiterated Government's position on Independence.
He said the Green Paper debate was intended to bring us to the stage of passing the referendum bill followed by position papers on important issues and a White Paper if Bermudians voted yes at the referendum.
Shadow Tourism Minister Mr. David Allen said the Independence issue was "vital to the future of this Country.'' But the lead-up to the referendum debate had brought the Country into "uproar,'' and "some would say, disrepute.'' There had been an open split in Government ranks, where Ministers used "the most elastic of terms to support their untenable positions.'' There was good reason for disquiet in the community, reflected by comments in the street and newspaper editorials.
No former British colony had decided on Independence through a referendum. It was untrue to say Jamaica or Australia had.
Government was asking for "a blank cheque'' on Independence, and when one looked at the goings-on inside the UBP recently, "those are the last people one would issue a blank cheque to.'' Without Government stating its position on all issues surrounding Independence, a referendum was "like giving them a loaded gun.'' Mr. Allen said "bludgeoning and twisting of arms'' had occurred in the "smoke-filled back rooms of the UBP'' in the last 24 hours. "What trade-offs have been necessitated? What IOUs have been called in?'' One had to even question the promise of a White Paper after the referendum, when Government initially resisted Opposition calls for a Green Paper.
With the UBP divided on Independence, the "soap opera'' or "saga'' would not end today or this summer, Mr. Allen said. "it's going to go on. The instability, the problem, will continue on for months, for years.
"Such is the mess that the Premier and his cohorts have landed this country in through their mishandling of this issue.'' Government had no mandate to lead the Country to Independence, and a "yes'' vote in the referendum would not give it one, either.
A letter from British Cabinet Minister Mr. Tony Baldry saying it would be up to Government whether to have a general election before Independence represented the United Kingdom's "washing of hands'' on the issue.
Government Whip Mr. John Barritt shared the complete results of his poll of constituents on the referendum, having released partial results a week earlier.
Of 309 respondents, 157 favoured a referendum, while 124 were opposed and 28 were undecided.
Responses had been almost equally divided until the last few days, when they tipped in favour of a referendum, Mr. Barritt said.
In other results, 156 had read the Green Paper, 20 had read parts of it, and 127 had not read it, he said. And 187 felt sufficiently well-informed to express an opinion, while 120 did not and two were undecided.
Also, 239 had made up their minds on Independence, while 39 had not, and 31 were undecided.
Mr. Barritt said the 15 percent response rate from his Devonshire South constituency showed the sampling was "fairly representative.'' Sharing sample of some of the write-in comments, Mr. Barritt said the Country "wants us to get on with holding this referendum.'' Some did not like the track the Country was on, but "the train left the station some considerable time ago and seems to have a momentum of its own.'' Mr. Barritt said the position papers Government would issue would "do the same thing'' as a White Paper would. "That is why I am able to support the position today.'' Also, the bill would be amended to help assure the referendum was only binding if a majority of Bermudians supported it, as Government's 1979 White Paper had proposed.
Mr. Barritt, who earlier said he was not inclined to support Independence at present, said he tried to keep an open mind and would make his position known.
He hoped the Independence debate was conducted in a dignified, rational, and reasonable way.
"I recognise that we're going forward and trying to make, as palatably as possible, a lemonade.'' He hoped people would know what he meant by that.
Shadow Human Affairs Minister Ms Renee Webb said in all the debates she had heard, she had never heard a speech as "wishy washy'' as Mr. Barritt's.
Government had no position on Independence, but leaders had to lead. The DBP, or "Divided Bermuda Party,'' was having hard times.
Ms Webb said the Independence issue "comes down to race.'' With the exception of Tourism Minister the Hon. C.V. (Jim) Woolridge , all the black members supported Independence, she said. And with the exception of Mr.
David Allen , all the white members did not.
Part of it was that most whites in Bermuda were descendants of the British, while most blacks were not.
And colonialism had provided whites with an advantageous position.
"Therefore, they are not even going to entertain anything that might put in question that advantageous position. They are not interested in equality and they are not interested in democracy.'' She had not heard white members rise and say there was nothing wrong with Independence and it was something Bermuda should have.
Bermuda would go Independent. It was just a matter of time. "Britain is no longer interested in having colonies,'' Ms Webb said. "It's an embarrassment to Britain,'' and a reminder of the "criminal'' history of colonialism.
She could not understand why anyone would want Bermuda to remain a colony.
"Colonialism was a crime against humanity, just like slavery was, and we should be ashamed to have that British flag flying over us,'' she said.
The PLP did not support a referendum, because it would leave too many questions unanswered. A referendum was fine for issues like capital punishment, or abortion, but Independence was not as clear-cut.
By telling the Country, "we'll wait to see what you guys decide,'' Government was leaving Bermuda in "dangerous limbo.'' Government said the PLP should support democracy by supporting the referendum, but Government only supported democracy when it suited them.
Because of constituency imbalances, "here we have a Country where you have one man, two votes,'' she said.
Ms Webb had "a serious problem'' with non-Bermudian residents who were on the electoral roll because they were in Bermuda prior to 1976 voting in the referendum.
People sometimes pointed to experiences in the Caribbean as an argument against Independence, but most of those islands were not as well-off as Bermuda, had less experience with self-government, and had a less experienced and sophisticated civil service.
Most of the "propaganda'' about the Caribbean had come from the UBP, which was now saying "we really didn't mean that.'' Similarly, the UBP used to say the PLP would bring instability, but now said it did not matter which party was in control.
"The bogeyman tactics that have been put out for so long by the United Bermuda Party Government have come back to haunt them.'' Having listened to the PLP on the need for a Green Paper, Government should now listen again and put out a White Paper prior to the referendum.
Mr. Trevor Moniz (UBP) outlined the history of the referendum debate, noting that a longstanding concern of his had been assuring agreement with Government's 1979 White Paper on Independence.
The document said it would be "morally wrong'' to take Bermuda to Independence without a clear indication a majority of Bermudians supported it.
Premier the Hon. Sir John Swan had reiterated that position as recently as 1988.
Mr. Moniz that an amendment proposed by the Senate to an earlier referendum bill would have required that a majority of the electorate support Independence before a result would be binding.
Instead, the current legislation required a two-thirds turn-out and a simple majority.
The Green Paper had been shown to have some "warts,'' and it was "unfortunate'' it had not gone to caucus for scrutiny before it was tabled in the House.
Mr. Moniz had received a promise that policy positions issued before the referendum would be scrutinised "by front bench and back bench.'' And Deputy Premier the Hon. Irving Pearman would be introducing an amendment to the referendum bill. It was "a healthy compromise which will allow us to have a way forward.'' Government had created some of its own difficulties, but should now move forward in such a way that everyone was happy.
He asked that the debate leading up to the referendum be kept "civilised'' and on "an even keel.'' He noted concerns expressed by the Bank of Bermuda about the possible "emotional and nationalistic build-up'' to the vote.
"I will be supporting this bill,'' Mr. Moniz said.
Shadow Finance Minister Mr. Eugene Cox said he was glad to hear talk of the amendment from Mr. Moniz.
Until then, he thought "four gentlemen and ladies'' in the UBP had "capitulated,'' that they had "given up their Independence on the very day that we're debating Independence.'' It appeared Mr. Moniz wanted to make the referendum binding, Mr. Cox said.
Independence was not mentioned in Government's 1993 election platform, so what was "the emergency'' that had brought it on? When Sir John spoke on Wednesday, he sounded like an Opposition member, or like he had been "born again.'' While Government members constantly said they stood for democracy, they forgot that "colonialism is incompatible with democracy.'' It was a "myth'' that the referendum bill was causing fear in the business community, Mr. Cox said. Business wanted stability.
Perhaps Independence could be used to work toward eliminating racism and discrimination. But Human Affairs Minister the Hon. Jerome Dill appeared to be paying "lip service'' to that.
People were not seeing egalitarianism and removal of the glass ceiling. And Bermuda's household survey showed big differences in the pay packets of blacks and whites.
"I've had a whole year,'' interjected Mr. Dill.
"I wouldn't like to think that I'm waiting on him alone to get some relief,'' Mr. Cox said.
The PLP had suggested a bipartisan committee which would also look at electoral boundaries and getting rid of dual-seat constituencies. The PLP proposed maybe 25 to 30 MPs "adequately paid then, so they could do their job full-time.'' Dr. David Dyer (UBP) said that on the Government side, "at least one can say that there's no herd mentality.'' Government's position on Independence remained "ambivalent,'' and Government wanted a referendum to see how the voters felt.
Dr. Dyer pointed out the PLP's call for Independence to be decided by a general election would allow non-Bermudians a chance to influence the future course of the Country.
For there were still some expatriates entitled to vote in an election.
Dr. Dyer went on to say he had received written assurances Government would produce several position papers on Independence.
And a White Paper would follow if the voting population decided to cut ties with Britain.
Dr. Dyer said the PLP continually bleat on about their methodology for approaching Independence.
But general elections were decided by a myriad of issues.
He also stressed the Bermuda public had never entrusted Government to the Opposition. So why were they so in favour of an election? By and large, Bermuda had enjoyed stable and responsible Government from the United Bermuda Party for 30 odd years.
"We have our differences but we have never kicked anybody out. We have always come to a consensus on the sensible and logical way of doing things.'' Shadow Minister of Youth, Sport, and Recreation Dr. Ewart Brown hammered out his position right away.
"Independence `yes'; referendum `no'.'' Dr. Brown addressed claims by Government backbencher Mr. Trevor Moniz that he had found a new position on Independence, thanks to a political compromise.
Mr. Moniz explained his disagreement with the UBP resulted from a "misunderstanding of protocol''.
"He said it was simply a matter of protocol which divided him,'' scoffed Dr.
Brown.
"Time will tell it's much more than protocol.'' Dr. Brown said Mr. Moniz by nature and definition could not be against Independence.
"He is against Independence of black Bermudians.'' The comment drew an angry protest from Health Minister the Hon. Quinton Edness that Dr. Brown had imputed wrong motives to Mr. Moniz.
Retorted Dr. Brown: "This is exactly the issue. This is the issue right now, the quickness and knee-jerk reaction of a UBP member.'' Dr. Brown asked why Mr. Edness was defending Mr. Moniz, who was able to stick up for himself.
Acting Speaker Mr. Rick Spurling told Dr. Brown: "I would ask the member not to impute wrong motives, by saying the honourable member is a racist.'' Dr. Brown replied that he had not described Mr. Moniz as a "racist''.
It was against his principles to come to the House and call someone a racist, he said.
Vote ends 20-18 in favour of referendum From Page 4 And he repeated what he said: "I believe that the honourable member believes in Independence.
"I believe he does not believe in Independence when it comes to black people.'' Dr. Brown said his party supported Independence because colonialism was inherently evil and colonialism was equated with racism and white supremacy.
It was thought Independence would weaken the hold of white supremacists.
"We believe we are capable of controlling our own affairs. Bermudians have shown an uncanny ability to operate under unfriendly and hostile circumstances.
"We have survived the UBP for 30 years. This attests to our ruggedness and determination.
"Independence should force us to confront issues such as drug abuse, crime and the creation of an unemployable class of Bermudians. Note I said unemployable rather than unemployed.'' Dr. Brown said Independence was too important to be a single issue vote. He was very grateful to political colleague Miss Renee Webb for pointing out the truth about Jamaica.
Jamaica, said Dr. Brown, did not go to Independence by a referendum. He pointed out all the islands first became independent, and then they were asked by a referendum whether they wanted to stay within the West Indian Federation.
The Jamaicans voted against it.
Dr. Brown said Jamaicans were never asked the question of `yes or no' on Independence.
He continued by saying Bermuda's Government was "ill-equipped'' to take the Island to Independence.
"Am I whistling Dixie? Or do I have a point?'' Dr. Brown said the Government was too divided to lead the Country away from Britain.
He likened Government's approach to a doctor performing surgery while its patient, the Country, was asleep. "It is so divided on the issue it cannot take positions, because the differences within it are fundamental.'' Dr. Brown said the party's leadership and its rebels resembled oil and water.
You could shake the party up and it would give an illusion of unity.
But let it lie still for a while, and the oil and water will separate.
Dr. Brown scoffed at Mr. Moniz's claim that he had reached a compromise with his party.
While one could compromise on strategy, one could never compromise on principles.
Dr. Brown said the "arrangement'' struck between the UBP leaders and its rebels was a classic case of a party trying to clutch on to the reins of power.
Politicians were never so desperate when they sensed they might lose control.
Dr. Brown said the UBP Government had been hit by an "earthquake'' within its ranks.
And the effects of the earthquake might be felt for some time to come.
"What appears to be a victory, may be at best a hollow and temporary satisfaction.'' Dr. Brown said he had always sensed the UBP was not really serious about Independence. "It did not fit into the rhythm of their prior activity. It was not consistent.'' He said the "flicker of a flame'' -- the hope that finally the UBP had accepted Independence as the way to go -- had been killed by a so-called compromise. "It is the transformation from hope to hoax.'' The brief dance with self-determination was over, and what appeared to be aggressiveness among the UBP ranks had become sheepishness.
"Compromise has rendered them impotent, and they cannot produce.'' Dr. Brown ended by declaring: "The UBP is killing the referendum softly. Time will tell.'' Government backbencher the Hon. Ann Cartwright DeCouto attacked Dr. Brown for making "unwarranted'' and "unkind'' remarks about Mr. Moniz.
He picked up on a comment by Dr. Brown that Government had been prepared to splash out $40 million on a prison, while Independence, according to the Green Paper's estimates, would only have cost $2.3 million.
But, said Mrs. Cartwright DeCouto, the costs of Independence would be ongoing.
And she had already made clear that $2.3 million was very much on the low side, in her opinion.
Mrs. Cartwright DeCouto highlighted the changes which had been made in the referendum bills before the House.
The first bill stated the referendum would be decided by a simple majority.
But that died a death after the Senate changed the legislation.
Under another formula, the requirement was that, for Bermuda to go independent, two-thirds of people on the electoral roll should turn out, and more than one half of those should vote in favour.
This meant, said Mrs. Cartwright DeCouto, that one-third of those on the electoral roll could decide the course of the Country.
She pointed out the 1979 White Paper had stated it would be "morally wrong'' to lead Bermuda to Independence without the wishes of a majority of its people.
This was the last enunciated Government position on Independence, said Mrs.
Cartwright DeCouto.
"It is no secret that Mr. Moniz and myself have been most unhappy with the way event unravelled, and have been most unhappy with the Green Paper, regarding it as inadequate.
"We wished the Green Paper to be succeeded by a White Paper. It was also well known that I felt it was foolish to move towards Independence at this time with so much on our plate.'' Mrs. Cartwright DeCouto said the third Referendum Bill before MPs had been produced following a compromise.
It was a case of third time lucky.
"It is my view the referendum should be held sooner rather than later because of the nervousness brought on by the Independence issue.'' Mrs. Cartwright DeCouto made it clear she would be voting "no'' for Independence on referendum day.
And she would be urging all Bermudians to vote likewise.
Tourism Minister the Hon. C.V. (Jim) Woolridge restated his belief that Independence was wrong at this time.
He attacked the PLP for criticising everybody who disagreed with them.
And he strongly defended a comment he had made earlier in the week when he declared he wanted his grandchildren to enjoy the same environment in which he had grown up.
Mr. Woolridge said he was not saying he wanted his grandchildren to live in slavery and a segregated society.
Rather, he was talking about the relative peace and lack of crime of the Bermuda of his youth.
It was wholly wrong for the Opposition to make out that he was saying anything else.
To the PLP benches he cried out: "If they say it is raining, they say it should be black rain.'' All the Opposition wanted to do was travel down memory lane, said Mr.
Woolridge. And he stressed he would be voting against Independence on referendum day.
Bermuda had a strong economy, but it was fickle and cutting links with Britain could lead to an down slide.
Mr. Woolridge said timing -- as in cricket -- was everything, and now was not the right time to go independent.
Shadow Environment Minister the Rev. Trevor Woolridge assailed the UBP Government for not showing leadership on Independence.
He called for Deputy Premier the Hon. Irving Pearman and the four other UBP MPs who had threatened to quit their seats should the Independence bill fail to resign.
"The UBP is ill-equipped to lead this Country to Independence.'' The Rev. Woolridge said he did not trust the UBP Government, and many of his constituents did not do so as well.
He also took Mr. Woolridge to task again over his comments about his grandchildren.
It was no use the Tourism Minister trying to put a gloss on his remarks.
The fact is, while crime may have been down during Mr. Woolridge's youth, black people were still discriminated against.
The Rev. Woolridge said there was no way the UBP Government could be entrusted with the management of Independence.
They could not be given a "blank cheque'' to go to London for a Constitutional conference after a "yes'' vote on Independence.
Continued in Monday's paper