Is it time to follow some of the Caribbean nations and modernise Bermuda's anti-corruption laws? Shadow Attorney General John Barritt argues Bermuda needs to move with the times.

Much of Bermuda has been agog at the daily diet of sensational headlines from the Turks and Caicos where embattled Premier Michael Misick was hauled before a special British Commission of Inquiry investigating corruption. The commission probed allegations that Premier Misick and other officials illegally enriched themselves by selling government-owned land to developers.

Premier Misick dismissed the allegations saying they were invented by his political opponents, but has since announced he will resign after his party rebelled against him.

While Bermudians have been shocked and appalled at the saga do our laws protect us from politicians on the make? Shadow Attorney General John Barritt argues that Bermuda, once the gold standard of similar jurisdictions, is lagging behind Caribbean counterparts.

Meanwhile Cayman is currently revamping its whole constitution — voters get the chance to accept or reject it at the May General Election.

It has the backing of Caymans Governor Stuart Jack while Mr. Barritt also likes what he sees, particularly:

¦ The inclusion of a more rigorous Register of Interests for politicians

¦ The constitutional establishment of a right of access to information held by public authorities following a Freedom of Information Law already implemented

¦ The establishment of a Judicial and Legal Services Commission made up of local and overseas judges, local lawyers and the public to make recommendations on magistrates and judges

¦ Efforts to get on with an independent Commission for Standards in Public Life chaired and made up of local people outside politics and the public service — to effect and enforce high standards in Parliament, Cabinet and across the public service.

An impressed Mr. Barritt said: "It is clear that the Government there has put aside pointed partisan politics to introduce a model of government that not only goes some way to meeting recommended standards of modern governance, but which will better serve the community."

And he is also impressed with the 2008 anti-corruption bill passed in the Caymans. The Caymanian Act draws together into one piece of legislation several important strands of modern practice and law, including the UN conventions against corruption and recommendations of the OECD, said Mr. Barritt.

He added that the inclusion of the latter was particularly important for any jurisdiction considering itself a serious international financial services centre. "I also like the fact it features the establishment of an independent commission for oversight and enforcement, and its duties include not just investigation and detection but advice and guidance as well."

Bermuda has some measures against political corruption including the Bermuda Constitution Order which establishes the principal of disclosure where politicians must disclose an interest in a Government contract, by publishing a notice in a newspaper within seven days of acquiring that interest.

"Failure to do that can result in you losing your seat."

But he said the principal was qualified by The Legislature (Qualification and Disqualification) Act which claws back some of that by talking about a controlling interest. "There's a serious gap — who enforces this?"

The Constitution allows for members to be challenged on the principal in the courts — it can be challenged by a voter, MP or Attorney General.

Mr. Barritt has long argued that modernisation is needed — consistent with recommendations from the Commonwealth Parliamentary Association of which Bermuda is a member.

He said Parliament had recently required higher standards of all sorts of professions such as accountants and doctors yet the same standards were not being lifted for MPs. "Bermuda is in danger of falling behind — at one time we were on the cutting edge of Governance — not just political back in 1968 but also financial transactions."

Nevis's Integrity of Public Office act created a regime which includes an ethics commission which operates in a spirit of transparency, said Mr. Barritt. "Granted we are a small jurisdiction — but other smaller jurisdictions have managed."

The Nevis law gives those in Government and those who do business with them guidance about what they can and can't do. "It isn't just about catching people — or preventing people from doing business with Government."

He said it simply lets people decide whether MPs were being given more favourable treatment than ordinary punters.

Mr. Barritt is not arguing MPs should be prevented from dealing with Government — just that it ought to be disclosed, every time. And it would be wrong to use a position in Government to influence the awarding of a contract or get a jump on it.

To him it's apple pie stuff but he knows full well that whenever the Opposition push for greater transparency and safeguards it is met with huge cynicism in some quarters, often from people who take it personally, even racially.

But he said all over the world Governments were opening up and any move here was in keeping with that. "There is no ulterior motive — I am not standing here saying this because I am white and you are black. A lot of people say isn't it rich that the UBP now it is in Opposition after all those years in Government that it advances these arguments? I understand that. I regret certain things weren't done."

But he said the principal of disclosure had been established under the UBP, as was a register of interests. "Trevor Moniz fought hard for that. Granted sometimes it was a lonely and cold battle within the UBP caucus but he got support from the Opposition of the day."

And PLP Opposition leaders Freddie Wade and Dame Lois Browne Evans used to argue vehemently that conflicts of interest needed to be addressed through law, said Mr. Barritt. "It is the Opposition's job to look at what we have and to bring the Government to account, particularly on expenditure."

Not only would such measures open of Government they could help save money, said Mr. Barritt with a rigorous process ensuring value for money spent. "It will ensure it is an open tendering system to ensure if any politician is involved you know about it. The only way to deal with it is in a matter of fact way — get over it and on with it."

Large contracts should be done on a cost and charge basis so Works and Engineering knows where every dollar is going, said Mr. Barritt.

"Sometimes you can get fixed contracts where things are done in stages — you may not know where the money is going. That is imperative in this economic times. Indeed it's always been the case because we don't have a lot of money to throw around."

Mr. Barritt admits he has been banging on about good governance for years but he believes more people were seeing its worth, particularly as it relates to getting maximum value for tax paid.

The overspend on Berkeley of $55 million works out at nearly $900 for every man, woman and child in Bermuda money they could all sorely do with right now in the light of the recession. "Look what you could do for seniors pensions, look at what you could do for FutureCare."

Although not advocating income tax Mr. Barritt said: "Maybe people here don't get as incensed as they would in a country where there was direct taxation."

He said the Public Accounts Committee should be more active and be able to call in the Minister and the principals in a Government contract and ask them to account for what's going on. "It would be the vehicle through which you can address and deal with the problems which have arisen with the Police/Court building most recently, before that Berkeley and before that Stonington College. We are not preaching anything radical here."

And those who said the status quo was sufficient forget there was a new energy. "Look at new President Obama — what did he do on his first day? He showed transparency and the rule of the law is going to be the order of the day around here.

"He sent a clear signal that if they are going to err they are going to err more on the side of openness rather than keeping things in. I understand that part of the difficulty here is the perception the Progressive Labour Party has of not just the United Bermuda Party members today but of the UBP of yesterday and what it stood for and it said.

"So if you agree to something that is being proposed by the other side, if you collaborate, you are somehow giving in. Somehow you are making an admission to the criticism that's being made of you. I understand that."

But he said only Governments had the opportunity to change things for the Bermuda people. "That is what they need to keep uppermost in their minds — not so much how it plays out among parties and their supporters but what's right by the country."

"And the very things we are on about today find echo in criticism Freddie Wade and Dame Lois Browne-Evans used to say when they led the PLP in opposition about conflicts of interest and the need to disclose."

Some of the secrecy in Bermuda was a reflection of its history which only saw the House of Assembly and Government long the private preserve of a group of white men, acknowledged Mr. Barritt.

"Most of whom, they used to say ran, Government not from the hill but the Yacht Club. You can see the continuum."

But he said someone needed to tear down the walls and open things up. Changes under both the UBP and PLP had not gone fast enough and far enough for the 21st century and if the PLP acted now it wouldn't be the Opposition which grabbed the glory.

"At the end of the day the person who does it who gets the credit. Sometimes people forget that."