A “procedural error” means that controversial legislation designed to end elections for municipal councillors will return to the Senate tomorrow.

The Upper House heard yesterday that a third reading of the Municipalities Reform Act 2026 will again go before members as the mistake is corrected.

Senators last Wednesday voted six to five against the Bill, which proposed replacing elections in the corporations running Hamilton and St George with appointments by the responsible minister.

Joan Dillas-Wright, the Senate President, said yesterday that she was obliged to draw attention to the error, noting that there was an objection to the Bill’s third reading on March 18 by at least three members of the Upper House.

“At that point, Senate proceeded to a division vote on the third reading, which was defeated by a vote of six to five,” she said.

“With that vote, Senate concluded its consideration of the Bill and Senate then proceeded to take up the consideration of the next item on the orders of the day.”

Ms Dillas-Wright said that upon reflection the following day, she and the clerk “took a close look” at the standing orders that govern the Upper House to determine whether correct procedure was followed.

It was noted that standing order 35 provided that when at least three members object to a motion for a third reading, that reading shall be deferred to the next meeting day.

Ms Dillas-Wright said: “In accordance with standing order 35, once there had been objection from at least three senators, the correct procedure would have been for me, as president, to recite the provisions of standing order 35, requiring the third reading to be carried over to the next day of meeting.

“At that point, Senate could have agreed to carry over the third reading or the senator in charge, or another senator, could have taken the option of moving to have standing order 35 suspended.

“If that motion was approved, Senate could have then gone on to do the third reading motion on the Bill.

“In order to correct the procedural error, we must rescind the third-reading vote on the Bill on March 18 such that minister in charge can now re-put the third-reading motion and Senate can proceed from that point.”

She moved to rescind the third-reading vote of last Wednesday and received no objection.

Kim Wilkerson, the Government leader in the Senate, as well as the Attorney-General and Minister of Justice, was invited to present a third-reading motion for the Bill.

Members were reminded by the president that third readings do not elicit debate.

Ms Wilkerson requested to defer the third reading until the next meeting of the Upper House.

Tawana Tannock, a Governor-appointed senator, asked what was the rationale for deferring.

Addressing the president, Ms Wilkerson responded: “We have a full agenda of other matters.

“This procedural irregularity and your ruling has taken us certainly by surprise. We would like the opportunity to consider it.”

John Wight, the vice-president of the Senate, said: “I just find it disappointing to hear, we have everybody here who was here on Wednesday.

“This is a procedural matter that should just take a matter of minutes.

“To defer to a later meeting, when there may not be a full complement of senators to vote on what is a very important vote for Bermuda, I think is inappropriate.

“I’m opposed to a deferral.”

Lindsay Simmons, a government senator, backed the Attorney-General’s call to hold off.

She added: “It’s our job to be here and to give us time to think about how we’re moving forward. (It) shouldn’t be just dropped in our laps like this.

“I think that we should have time to at least look over this.”

David Rogers, an opposition senator, voiced his objection to a deferral.

Ms Dillas-Wright reminded the Upper House: “There has been debate of this Bill.

“What is put before you today is a decision to correct the procedure of the third reading, it is not to debate the Bill in its entirety.”

It was determined that the third reading would be presented later in the meeting, after debates on the Budget.

Ms Dillas-Wright called upon the Attorney-General, towards the end of the sitting at about 8.40pm, to bring the third reading of the municipalities reform Bill.

With at least three senators objecting, standing order 35 took effect.

It meant that the third reading was deferred to the next meeting of the Senate, scheduled for March 25.

Ms Tannock said later in the Senate session yesterday that she felt “blindsided” when she learnt about the procedural irregularity.

“I still feel like I didn’t understand completely,” she added.

Ms Tannock said: “For me it’s a bit frustrating and I can only imagine for the listening public who aren’t here, who expected this matter to be put to bed and to see it to go over again, it almost seems like we are trying to avoid addressing it, and that’s not the issue, that’s not what’s happening here, but because the procedure is not clearly lined out, it makes it seem like that.”

She asked for the steps taken in the process to be documented, so that senators can better understand the procedure for future reference.

Zane DeSilva, the Minister of Housing and Municipalities, last week acknowledged the Senate’s decision not to support the Bill, which he said was designed to “address longstanding issues”.

He added then that the vote delayed reform but did not remove the need for it.

Mr DeSilva said: “The question is not whether change is required, but how long Bermuda can afford to wait.

“The Government will now determine the next steps to ensure that meaningful municipal reform is still delivered, including further engagement and consideration of the available legislative options.”

The PLP government first announced plans to revamp the centuries-old corporations in 2008 before putting plans forward again in 2019.

Charles Gosling, the Mayor of Hamilton, said last week that the City’s fight against the reform, which it considers a takeover, had been “a long and, at times, frustrating process”.

He added then: “It is important to remember that the current municipal framework was established through legislation passed by Government. The corporation operates within that framework; we did not create it.”

Quinell Francis, the Mayor of St George, said later that there was a feeling of disenfranchisement among East End residents, who were expected to keenly watch to see who is appointed to represent their interests in the Olde Towne.