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Senate vote row may go to Governor

to an Independent senator accidentally voting in favour of a controversial funeral home limousine service Act.

The Act would have been blocked six to five if Sen. Jeanette Cannonier had not got it wrong.

The Royal Gazette understands from political sources that the Opposition are likely to take their case to the Governor.

But barrister and Opposition Sen. Mark Pettingill -- who gave on-the-spot advice to Sen. Cannonier -- was giving nothing away.

He said he had researched the position, adding: "I don't know that I want to get into exactly what my views are at this point.

"I certainly think the Opposition would want to put forward its position with regard to what has gone on in order to address this.'' And Sen. Pettingill confirmed: "At this stage, the first alternative doesn't involve legal action.'' Sen. Pettingill said the rules of Senate were open to interpretation a number of ways.

And he added that procedure elsewhere, including St. Kitts and the UK, could also provide grounds for overturning Senate President Alf Oughton's decision to allow the mistake to stand.

Sen. Pettingill said: "The President has been there a long time and there are rules of the Senate, like there are rules in court and everywhere else. He made his decision.

"But, in my view, rules in any democratic society are open to interpretation, review and question.

"Certainly, there is provision for that in the Senate rules and where that isn't provided for, you use the rules of the British Houses of Parliament.'' Any Act does not officially come into force until the Governor, acting on behalf of the Queen, signs it into law.

Senate ballot blunder could go to Governor Sen. Pettingill added: "This particular piece of legislation was very highly publicised. We had a protest by taxi drivers outside the House of Assembly and questions about private interest.

"It was clearly going to be a six-to-five defeat for Government, no question.

"The senator came out and said she wanted to make it clear that she had no intention of supporting this bill.

"This is a matter of public interest -- and that has to be the correct approach in dealing with it.

"Sen. Cannonier was very clear on her position on the bill and her views were very strong.'' The controversial law -- which taxi drivers claimed would further damage an industry already suffering from the decline in tourism -- was passed in the House of Assembly 20-12.

But four Government MPs -- Bermuda Industrial Union president Derrick Burgess, taxi owner/operator Elvin James, veteran politician Reginald Burrows and backbencher Dale Butler -- showed their disapproval of the Motor Car Amendment (No. 2) Act by leaving the House before the vote was taken.