Independence, a Government backbencher said yesterday.

By passing a motion from Opposition Leader Mr. Frederick Wade that rejected Government's call for a Commission of Inquiry, the House on Friday also killed the Independence referendum, claimed the Hon. Ann Cartwright DeCouto.

The Independence Referendum Act 1994 which the House passed in February said the referendum would be held "not later than 120 days after the date on which the Commission (of Inquiry) delivers its report to the Governor.'' On Friday, both sides of the House supported Mr. Wade's motion rejecting the Commission of Inquiry. As a result, there would be no Commission of Inquiry, and therefore no referendum, Mrs. Cartrwight DeCouto said. "It has totally killed it.'' "I would say that that bill is history ... unless some major amendments are made,'' she said of the Independence Referendum Act 1994.

She noted that the Senate amendment to the bill that was to go before the House on Friday left the Commission of Inquiry wording intact. So would the amendment to the Senate amendment that was proposed on Friday by Premier the Hon. Sir John Swan.

The Senate amendment from Sen. Alf Oughton would require a majority of eligible voters to cast "yes'' ballots in a referendum before there was a mandate for Independence. In its place, Sir John has suggested that two-thirds of eligible voters must cast ballots before any result could be acted on.

Mrs. Cartwright DeCouto said the Speaker of the House might have to rule on whether the House could deal with parts of the referendum bill other than the amendment approved by the Senate. It was her position that only the Senate amendment could be dealt with. The sweeping changes to the bill that would be needed to save the referendum wording would not be permitted, she said.

Cabinet is to meet this morning and is expected to debate its new strategy on an Independence referendum. Sir John has said Government might agree to an Opposition request for a Cabinet discussion paper called a Green Paper instead of a fact-finding commission as originally planned. But he had not retreated on plans for a referendum.

The United Bermuda Party caucus is scheduled to meet tomorrow.

On Friday, Sir John tried to table a new Independence Referendum Act that would have removed references to a Commission of Inquiry. But when two UBP MPs abstained while two others were absent from the House, the bill was defeated on first reading 18-17.

Government backbencher the Hon. John Stubbs said he left the House because he was ill.

Yesterday, fellow backbencher Dr. David Dyer said he told the Whip he would be away from the House, working in his dental office. When he left, he knew "there were sufficient members present in the House to give the Government a comfortable majority.

"I tried my best to get back for the vote,'' but arrived too late, he said.

He added that he did not think a roll call vote had been expected on first reading of the new Independence referendum legislation.

But Government Whip Mr. John Barritt, who expected discipline of the four MPs would be discussed at Wednesday's caucus meeting, said: "The members knew the position, and that's all I wish to say.'' Mr. Barritt said the House defeat on Friday made him think of resigning, but he had been persuaded over the weekend by the Premier and other colleagues to stay on.

Dr. Dyer would not say whether he would support the Premier's amendment on Friday. Mrs. Cartwright DeCouto and Mr. Trevor Moniz, who abstained on first reading of the new referendum bill, have indicated they would not support it.

Meanwhile, Sen. Oughton said yesterday that he did not feel the Premier's amendment contributed to assuring the size of majority envisioned in Government's 1979 Cabinet paper.

"If the amendment to my amendment passes in the House this week and then comes back to the Senate, what will happen there I don't know,'' he said.

"If nothing else happened, the fact that the (Senate) amendment was placed certainly caused everybody to sit up and take notice.''