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Cabinet to get term limit issue rules soon

Senator Michael Fahy (Photo by Akil Simmons)

Government is moving ahead with its general election promise of a two year suspension of term limits under new Home Affairs Minister Michael Fahy.But Mr Fahy also plans to impose meaningful penalties on employers who flout immigration rules.Term limits, which limited most work permit holders to a total of six years residency on the Island, proved to be one of the more controversial policies of the former Progressive Labour Party Government.Its original purpose was to discourage the growth of long term residents who would then have an expectation of being given Bermudian status, but critics said that it discouraged foreign investment and stifled economic growth, while doing little to reduce unemployment of Bermudians.Yesterday, Mr Fahy told The Royal Gazette that he will soon be taking the term limit suspension policy to Cabinet for approval.But he could not say what would happen at the end of the two year period.“It doesn’t necessarily mean to say we will reinstitute term limits in two years time, we’re saying let’s suspend it pending a better policy that deals with the legitimate expectation of residency — which is the reason why term limits were put in place — but we’re also need to be implementing policies that are not just good for job growth but policies that protect Bermudian jobs.”Mr Fahy said another reason given for the term limits policy was to protect Bermudan jobs.“That is not true. It does not do that,” he said. “If those policies worked properly then Bermudians should be employed under existing work permits legislation.”Mr Fahy noted that employers who break immigration rules are rarely prosecuted.“Employers also have a responsibility to make sure that they are abiding by the rules that are in place.“I want to make sure that there’s penalties in place that are of sufficient deterrence to not take on individuals that shouldn’t be taken on board.”The previous Government had been engaged in a thorough review of Immigration and work permits policy until it lost the December 17 general election.Mr Fahy said he will be looking at the review’s policy recommendations.Asked whether the new Government has alternative policies ready to be implemented, having criticised the previous administration for months, the Minister said: “We have alternatives but I’m not going to reveal it now. I’ve got to go to Cabinet and say what we’re going to do. It’s irresponsible to do it any other way.”Mr Fahy is also reviewing property ownership laws for property owned by mixed status couples.Government inherited rules which forced Bermudians married to non-Bermudians to get a license to purchase additional properties beyond their first.The aim was to tackle the practice of fronting — where a Bermudian pretends to be the beneficial owner of a property actually owned by a nonBermudian.“I don’t see in any way how that is preventing fronting,” said the Minister. “Why should you as a Bermudian be penalised for purchasing property no matter who you are married to? It’s nonsensical.”He said there were already rules which outlined how property is supposed to be owned, and legal bodies had recommended to the previous administration better ways to address fronting.Mr Fahy’s Ministry takes in Labour Relations, Labour and Training, Municipalities, Charities Commission and the Registry General.And he has already made his board appointments — to become effective once officially gazetted in about two weeks — since his ministerial responsibilities began on December 20.His boards are Immigration Board, Immigration Appeals Tribunal, Employment Tribunal, Labour Advisory Council, Charities Commission, Permanent Arbitration Tribunal and the Essential Industries Disputes TribunalAnd, the new Minister said that some of the PLP appointments will stay on.“This is not about Cleansweep, this is making sure we have the people in the positions to get the job done. And there’s existing knowledge in those boards that can keep moving forward,” he said.“I think its important that the now Opposition has said that they will accept board appointments.”The Home Affairs Ministry has also been charged with “governance reform” which includes changes to the political system such as implementing fixed term elections, and the power for constituents to recall their MPs.Mr Fahy said fixed term elections would not necessarily require an amendment to the Constitution, just a law specifying the date a general election must be held.But he acknowledged that another government could simply come into power and repeal the legislation.Asked how realistic it is that the next election could be held in five years time as Premier Craig Cannonier has indicated, Mr Fahy said: “It’s as realistic as it’s going to be. You pass an Act of Parliament to say the election is in five years’ time.“Rather than us saying we feel we have an advantage we’re going to call an election tomorrow, to get more seats, we’re saying we’re going to do it in five years time.“That’s our pledge to you. And if we back off on the pledge that’s for the electorate to say whether or not they feel they have been betrayed.”On Government’s proposal to allow voters to recall their MPs, Mr Fahy says he favours a system which would allow constituents to force a by-election if they could organise a petition with the required number of signatures within a set time period.The incumbent MP would be able to stand in that by-election and, should they be successful, there would be no more opportunities to challenge them during the five year term.