Progressive Labour Party MPs have called for Premier Ewart Brown to stand down. Ruth O'Kelly-Lynch looks at what party rules and the Constitution say about what could happen next

PLP Constitution

With regards to the PLP, the executive met on Saturday afternoon — something Chairman David Burt said was scheduled prior to two former Cabinet members calling for the Premier's resignation. At the meeting it was decided the Central Committee should meet tonight to discuss "matters of importance".

According to the PLP's constitution the leader of the party does not have to be Premier, however it has been normal practice since the PLP came to power in 1998 for the leader of the party to be Premier.

The Central Committee is one of the two bodies that can request a Special Delegates Conference, which could bring about a change in party leadership.

The Central Committee is comprised of the Party Leader, Ewart Brown, Deputy Leader, Paula Cox, the 12 officers of the Party which include well known Brown supporters such as LaVerne Furbert.

The Committee also includes six people elected from the last Annual General Conference, one delegate from each Branch, one youth delegate, three Members of Parliament and a Senator.

If the Central Committee decides tonight that a Special Delegates Conference should be convened it could meet as soon as tomorrow, unlike other conferences held by the PLP a notice period is not stipulated in the constitution.

The Special Delegates Conference would be attended by delegates from each of the branches and a delegate from the youth wing.

The number of delegates a branch can send depends on its size, however Members of Parliament and the Senate cannot be delegates

If the leader is removed at the Conference a new leader must be appointed by the Central Committee within seven days, in the meantime the Deputy Leader would stand in.

However, if the Central Committee chooses not to convene a Special Delegates Conference after their meeting tonight the only other way one can be convened is if 12 of the 36 PLP branches request one.

The Royal Gazette understands that no branches have called for a Special Delegates Conference.

Bermuda Constitution

If a Special Delegates Conference is not called, or if one is called and they choose not to remove Dr. Brown as leader of the party, some believe the only other way the Premier could be removed is by the Governor.

Former Attorney General Phil Perinchief said the Constitution requires the Premier to be the person with the majority of support within the House.

In Section 58.1 of the Constitution it states: "The Governor, acting in his discretion, shall appoint as the Premier the member of the House of Assembly who appears to him best able to command the confidence of a majority of the members of the House."

But former Government Whip John Barritt said it was important to note: "This is unchartered territory, without precedent. When I look at the Bermuda Constitutional Order the Governor can act in his discretion.

"The Premier has to be the person that appears to the Governor to have the majority of support in the House.

"It would be unconventional to go to the Governor with signed statements that the Premier did not have the support. The Governor would have no way of saying who does have the support of MPs unless the majority of MPs went and said 'we want this person to be Premier'. That might give the Governor cause for pause.

"The conventional way to ascertain if a Premier has support would be from the House of Assembly and the way in which MPs have voted."

When asked if the Governor could appoint another Premier if presented with a majority of MPs who stated they did not have confidence in the Premier, Acting Governor Mark Capes said: "On this I think that the Constitution of Bermuda speaks clearly for itself."