Report calls for judges to have longer contracts
British MPs have recommended that the Chief Justices of Bermuda and the other Overseas Territories should be placed on contracts of longer than five years.
The cross-party group of politicians raised concerns that the top judges are open to political interference from the Governor or Government when on the shorter contracts. In a report into the governance of the Overseas Territories released at the weekend, they referred to a meeting they had with Bermuda's Chief Justice, Richard Ground, during a fact-finding mission to the Island in March.
"We received evidence which expressed concerns about the independence of the judiciary in Bermuda and in the Turks and Caicos Islands. During our visit to Bermuda the Chief Justice highlighted the fact that appointments for his position were for five years at a time and suggested that this could make Chief Justices seeking contract renewal vulnerable to interference," they said.
They concluded that the Foreign and Commonwealth Office — the UK department responsible for administering the Overseas Territories — "must ensure there are sufficient measures in place to prevent interference from either the Governor or the local government in judicial decisions in Overseas Territories."
They recommended that responsibility for the terms and conditions of Chief Justices' employment should be transferred to the British Ministry of Justice.
"We also recommend that the FCO should consider whether judges in Overseas Territories would be less vulnerable to interference if they were on longer non-renewable contracts, with appropriate safeguards in case of incapacity, rather than on renewable short-term contracts," they added.
The issue of judicial appointments came to the fore in Bermuda in 2003 when Premier Alex Scott backed local judge Norma Wade Miller for the position of Chief Justice, but Governor Sir John Vereker appointed Richard Ground, an Englishman.
Mr. Scott said at the time that the way Britain selected the top judge was a return to "a colonial model which we thought had been relegated to history".
Mr. Justice Ground's five-year contract was effective from March 2004 — so it is due to expire in March next year. It has not been revealed whether he is seeking a renewal.
Bermuda's Shadow Minister of Justice Mark Pettingill welcomed the conclusions of the British report, saying he would prefer that Chief Justices are not on fixed term contracts at all.
"The judiciary has to maintain its independence. It's a cornerstone of democracy and by effectively having the appointment of judges that aren't subject to contract renewal, we are clearly delineating that and that's fundamental," he said.
In Gibraltar, another British Overseas Territory, an independent Judicial Service Commission advises on the appointment of members of the judiciary. Only in exceptional circumstances is the Governor be able to go against its advice.
Mr. Pettingill said he liked the concept of a similar committee in Bermuda that would put forward names for the Chief Justice position with reference to the British Ministry of Justice.