Controversial municipality legislation approved
Two Progressive Labour Party MPs broke ranks as a decades-long dispute over the municipal governance of Hamilton and St George’s neared its close.
The City of Hamilton responded this weekend after the Municipalities Reform Act 2026 was approved 19 to 11 on Friday over opposition from the One Bermuda Alliance, with East End PLP MPs Lovitta Foggo and Renée Ming objecting on principle over the removal of governance for St George’s but were absent for the vote.
Government MPs Jamahl Simmons, Christopher Famous and Curtis Dickinson were also absent from voting on Friday evening, while all 11 OBA MPs opposed the Act. The legislation was approved by 19 PLP MPs.
The move came more than 17 years after the PLP government announced in 2008 that the centuries-old corporations needed a significant overhaul.
The Act, which was tabled in the House of Assembly on February 27 by Zane DeSilva, the Deputy Premier and Minister of Housing and Municipalities, aims to abolish elections for both corporations, along with rewriting their 1923 legislation.
The Act allows the Government to appoint mayors and board members, rather than being chosen by residents and taxpayers in the municipalities.
David Burt, the Premier, told the House he “accepts the position” of St George’s MPs who might want “their own separate Act” for the smaller municipality, adding that the option could be explored.
However, he was adamant that with “millions of dollars of taxpayers’ money” having been spent on unsuccessful legal challenges after the legislation was approved in the House seven years previously, the island could not afford to wait any longer.
Mr Burt also accused Hamilton officials of standing in the way of crucial national infrastructure when he said the Government had sought to integrate the City’s sewage system into a plan encompassing the entire island.
The Premier told MPs: “Guess what the Corporation of Hamilton said? They told the minister of the central government, who was going to pay for a countrywide sewer system, no.”
The Corporation of Hamilton acknowledged the Government’s reintroduction of legislation amending the governance structure and oversight of City operations.
Charles Gosling, the mayor, struck a conciliatory tone, acknowledging “a number of longstanding issues where closer co-ordination between the City and Government could help move matters forward more efficiently”.
He cited antisocial behaviour, improving operations in Hamilton Harbour, resolving outstanding parking enforcement and modernising “certain operational legislation and ordinances”.
Mr Gosling added that Zane DeSilva, the minister, had shown “willingness to engage, listen to differing perspectives and work towards practical solutions”.
Mr Gosling said the City council had streamlined its governance under his tenure.
He added: “As discussions continue, it is my hope that any future council will benefit from members with strong professional expertise in areas such as law, engineering and governance.
“At the same time, it is important to maintain the principle that while council sets policy and strategic direction, the day-to-day operations of the City are best carried out by the corporation’s experienced executive team and staff.”
Mr Gosling said the Privy Council in London had ruled that corporation assets “will remain the assets of the corporation”.
He added: “This should provide reassurance to ratepayers and the many residents businesses and visitors who rely on the City.
“Until instructed otherwise, the corporation’s priority remains the continued delivery of services and programmes that support the businesses, residents and visitors who rely on Hamilton every day, as well as the cultural and social life of Bermuda’s capital.
“We also want to reassure our staff and the public that it remains business as usual as the legislative process continues.”
Mr Gosling noted that the municipalities debate had gone through late on Friday evening.
“Given the importance of the issues involved, the City believes they warrant the widest possible public awareness and discussion.”
Mr Burt said it was “important for the Government to govern” and ensure that “we do not have a subregional body having the ability to say ‘no, you can’t build national infrastructure’ ”.
The Corporation today “strongly refuted” the allegation, saying it never blocked plans for a national sewerage system. It said it was consulted on the plan and raised concerns about its cost, which it estimated would be in “the hundreds of millions of dollars”.
The Premier also denied that corporation ratepayers were losing any say, since voters could already choose their representatives through national elections.
Charles Gosling, the Mayor of Hamilton, responded this weekend: “Naturally, there are questions and concerns regarding both the process and the potential implications for how the corporation may operate going forward.
“That said, if the appointed leadership and the minister remain committed to the continued wellbeing and enhancement of our capital city, there are opportunities for progress.”
On Friday in the House, Mr DeSilva, who opened the debate, told MPs that the property vote was maintained for the corporations long after it was abolished for general elections in 1968.
He explained: “This government rejects the notion that the exercise of a fundamental democratic right should depend upon land ownership or commercial stake.
“There are no hybrid forms of democracy. The principle is simple and enduring: those who are governed by the laws must have a voice in shaping them.
“This reform ensures that municipalities and central government move forward together, not at cross-purposes.”
Mr DeSilva added: “We cannot affirm one person, one vote in our general elections while accepting a different standard in municipal government. That inconsistency ends here.”
The minister said the legislation does not dissolve the corporations, but only changes how their representatives are selected.
Michael Fahy, the Shadow Minister of Home Affairs, Housing and Municipalities, said on Friday that the move amounted to disenfranchisement.
He said: “It’s one thing to say ‘one man, one vote’, but now there’s no men, no vote.
“People, whether they are residents or ratepayers, are now not having a direct democratic say in respect of those particular municipal rates and taxes that are going to be imposed upon them.”
Mr Fahy was responsible for the municipalities as home affairs minister during the OBA’s tenure in government.
Legislation that would turn the corporations into unelected quangos passed in the House in 2019 but was rejected by senators.
The Corporation of Hamilton still launched a civil case against the decision but London’s Privy Council dismissed the claim last October.
Mr DeSilva said on Friday: “This reform has not merely withstood scrutiny, it has prevailed at almost every level.
“The highest court available to Bermuda has confirmed that this honourable House acted within its constitutional authority. The rule of law has spoken conclusively.”
Ms Ming served as a councillor and alderwoman in St George before being elected MP for St George’s North in 2017.
She told the House: “We’re living in a space and time right now where, as a people, we want to make more decisions, especially as it relates to our lives and what we do, and that seems to be changing.”
“So it would be very difficult for me to stand here today and say that I can support my people in St George especially, but I think about the other municipality as well, losing their right to choose who they want to represent them.”
Ms Foggo, MP for St David’s, said she was “strongly opposed” to centralised government.
She explained: “I think as a parliamentary and politician that our actions should always be one that enhances and promotes democracy.”
Although MPs have approved the Act, a technical hurdle remains in the Upper House that could allow it to block it.
Under the Constitution, with the lapse of time since the Senate previously turned down the legislation, the option remains, in the event of a vote, for senators to once again decline to pass it.
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