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Moniz:–'It has the smell of a political pay-off'

Trevor Moniz

Deputy Opposition Leader Trevor Moniz has accused Government of trying to rush through amended legislation to allow bankrupt lawyers to practise in Bermuda.

The Opposition MP and lawyer said there was "considerable disquiet" among members of the Bar about Attorney General Kim Wilson's proposed amendment to the Bermuda Bar Act 1974.

But Senator Wilson said last night she was satisfied the support of the Bar Council had been sought and obtained.

The Justice Minister sent a letter to Bermuda Bar Association on November 10 explaining that there were two "key matters" she believed should be dealt with this legislative session: one to allow the incorporation of law firms and the other to let practising certificates be issued to undischarged bankrupt lawyers for the first time since 1984.

She asked for responses before today, adding: "I would like to present to Cabinet for approval and tabling in the Legislature this session."

Mr. Moniz told The Royal Gazette: "It's just being done in such a strange fashion. Normally when proposals are mooted we would have plenty of lead time, we would see the draft legislation in advance."

The Shadow Minister without portfolio said the Bar Association sent an e-mail to members with Ms Wilson's letter attached just last Thursday evening, giving them until Tuesday this week to respond. The email from association president Rod Attride-Stirling said the association's elected Bar Council unanimously supported the proposal concerning bankrupt lawyers.

Mr. Moniz questioned why the two changes were being pushed through at the same time and said it appeared lawyers were being asked to back one proposal in exchange for another. He said some law firms were keen to incorporate so their non-Bermudian attorneys could become partners.

"It appears to me, in my view, to be a very incorrect quid pro quo," he said. "Lawyers want to be able to incorporate. It has the smell of a political pay-off. Certainly members of the bar have been calling me and have said it seems to be a quid pro quo.

"We are told on three days notice we have to approve and we haven't even seen any draft legislation. It's just not the ways things are done."

He said if the amended law had been drafted it should be circulated for consultation. "What's the rush? It makes it look like a charade. It makes it look like a done deal."

Sen. Wilson said: "The Bar Council, which is the executive board of the Bar Association, elected by its membership, has, during my consultations with them, already indicated that they consent to the proposed amendments.

"A draft amendment was not circulated to the council as the proposed changes were clearly set out in my letter to them. The proposed amendments as it relates to the undischarged bankrupts' ability to receive a practising certificate, subject to conditions stated in the said correspondence, are not major drafting changes."

She said the amendment concerning the incorporation of law firms was still being drafted but the basis of it was provided by the Bar Council "so they are intimately familiar with the contents".

Sen. Wilson said of Mr. Moniz's suggestion that one amendment was being given in exchange for the other: "I really can add no more to this as we live in a democracy which entitles everyone to their own opinion. As the Minister of Justice, I am simply interested in ensuring that justice is both seen to be done and is done; I am satisfied that the support of the Bar Council has been sought and obtained."

Mr. Attride-Stirling did not respond to e-mailed questions about why members' opinions weren't canvassed sooner or whether he would like to have received the draft legislation.