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Burt: UK to consult on laws that could affect Bermuda

David Burt, the Premier, and Walter Roban, the Deputy Premier, attend the Joint Ministerial Council in London. (Photograph courtesy of David Burt’s X account)

Britain has pledged to improve processes for consulting with its Overseas Territories about legislation that could affect them, David Burt told MPs today.

He was giving the House of Assembly an update on the Joint Ministerial Council meeting in London last week, which brings together all the heads of government of the Overseas Territories.

The Premier said: “The UK will ensure there is, at a minimum, an effective mechanism to consult British Overseas Territory governments in exceptional cases when proposed new UK primary legislation extends to their territories.

“It was stated that the UK will improve its processes for consulting and informing British Overseas Territories regarding new international obligations.

“The commitment will respect the constitutional roles of elected Governments, legislatures, the UK, and appointed Governors.”

Although Mr Burt did not mention it in his statement, last year the Governor was instructed by the British Government to refuse assent to the Cannabis Licensing Act.

At the time, Rena Lalgie said: “The Secretary of State for Foreign, Commonwealth and Development Affairs concluded that the Bill, as currently drafted, is not consistent with obligations held by the UK and Bermuda under the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances.”

The Premier said that the JMC’s agenda included the consideration of a Joint Declaration between the British Government and British Overseas Territories.

The commitments in the declaration will guide an internal British strategy outlining how it will fulfil commitments and obligations to the territories across every Whitehall Government department.

Before he left for London, Mr Burt was invited to write to David Rutley, the Minister for Overseas Territories, to express “our views on the proposed strategy for Overseas Territories and Bermuda’s ambitions”.

Mr Burt told MPs: “I made clear that our relationship with the UK relies upon two fundamental principles: attaining full self-governance and enhanced representation of Bermuda’s global interests.

“I highlighted the need for a modern partnership with the UK in which the UK will devolve powers to Bermuda and the other Overseas Territories where appropriate.”

Bermuda is considered a “Non-Self-Governing Territory” according to the United Nations, and Mr Burt said at the JMC “we stated that we desire a process of self-determination for OTs through UN participation in line with Article 73 of the Charter of the United Nations”.

He added: “We communicated that we desire equivalent legal recognition between a British Overseas Territory Citizen and a British Citizen in travel and migration, where BOTCs require visas in jurisdictions where British Citizens do not.

“On another matter regarding fair treatment, the Overseas Territories made it clear that the UK Government’s demands to the Overseas Territories must be accompanied by similar demands made to the UK’s Crown Dependencies.”

Both Mr Burt and the Deputy Premier, Walter Roban, also gave submissions to the UK Government’s Public Administration and Constitutional Affairs Committee.

“We discussed Bermuda’s uniqueness among other Overseas Territories, specifically in relation to our constitution,” said the Premier.

“We addressed the need to modernise Bermuda’s constitution, our relationship with the UK and the need for the UK to engage territories in decisions and policies that impact us. Similar sentiments were shared by elected leaders across the Overseas Territories.”

Mr Burt said: “It was notable that one of the members of this committee raised the issue of the UK Government’s rejection of Bermuda’s Cannabis Licensing Act.”

In addition there was also a hearing with members of the House of Commons Foreign Affairs Committee, chaired by Alicia Kearns MP.

He said that Ms Kearns had “a depth of understanding of the issues relating to Bermuda and the Territories and has assured that the Foreign Affairs Committee will play its part in holding the UK Government accountable for its obligation to engage with the Overseas Territories”.

As such, it was announced that a new Overseas Territories sub-committee of the House of Commons Foreign Affairs Committee will be formed to review the Foreign, Commonwealth and Development Office’s relations with Overseas Territories.

The sub-committee “will examine how the FCDO conducts its relationships with Overseas Territories and will probe how the UK Government performs against its commitments to the Overseas Territories”.

•To read David Burt’s statement in full, see Related Media

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Published November 25, 2023 at 7:54 am (Updated November 25, 2023 at 7:54 am)

Burt: UK to consult on laws that could affect Bermuda

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