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Bermuda Government today

Legislature, Constitution, Executive, Judiciary, Voters

By Keith Archibald Forbes (see About Us) exclusively for Bermuda Online

To refer to this web file, use "bermuda-online.org/bdagovt.htm" as your Subject.

Bermuda House of Assembly or Sessions House

Basics

The UK's Foreign and Commonwealth Office ( FCO) administers Bermuda internationally but in all other matters Bermuda is a self-governing British Overseas Territory (BOT), one of the 14  BOTS worldwide. (The others are - see http://en.wikipedia.org/wiki/British_overseas_territories). Also see http://ukoverseasterritories.readandcomment.com/. 

UK Statutory Instruments Applicable to Bermuda as a BOT. See http://www.bermudalaws.bm/site_docs/ukstat.aspx 

General Election 18 December 2007

Between The Progressive Labour Party (PLP) - in Government since 1998 - and United Bermuda Party (UBP) - in Opposition. The PLP remained as the Government by winning 22 seats to the UBP's 14. The UBP lost several key seats.

In accordance with the Bermuda Constitution (Amendment) Order 2003 and its Second Schedule, electoral districts changed in March 2003 from 20 dual-seat (2 members of Parliament) constituencies with significant variations in size of each - in 9 Parishes of almost the same size of each Parish - to 36 single-member constituencies. It meant a reduction of 4 Members of Parliament. 

Bermuda Constitution

A written document 96 pages long, it went into effect on June 8, 1968. The Bermuda Constitution is not like other constitutions which cover all nationals and non-nationals. The Bermuda one covers Bermudians and their spouses only, not the 25 percent who are not and probably will never be unless they marry a Bermudian, or are born to parents one of whom must be a Bermudian. Non-Bermudians married to Bermudians should be aware they are not protected by the Constitution against work permit cessation or conviction of a serious crime and also under the latter have no human right to a family life in Bermuda, unlike under European law where the European Court of Human Rights (ECHR) may offer protection.

The Bermuda Government has three main branches - Executive, Legislative and Judicial - in the British "Westminster" system. They are described below.

Bermuda Parliamentary Constituencies as amended in 2010

Each constituency is about 0.58 of a square mile on average, with between 1,031 and 1,143 voters; and has one paid legislator.

Bermuda Government Boards

The over 108 boards of political appointments acceptable to the Premier include, at the top, a reference to the relevant Act of Parliament and all members of that Board. They advise their respective Ministers - who may use his or her discretion instead of accepting their recommendations.

Bermuda Laws 

Summarized in this Bermuda Government website.

Bermuda's biggest employer by far

The Bermuda Government employs more than 14% of Bermuda's entire adult working population and is also easily Bermuda's biggest real estate property owner. Many buildings house the legislators and civil service. The Government controls things which in many other countries are privatized. Typical examples are in airports, tourism, transport. All first world countries have privatized them wholly or partly, but not in Bermuda. Government has 38 quangos and public funds.

Bermuda Government revenue from taxes

Bermudians, other residents and visitors spend more per square mile in taxes than anywhere else in the world, both per capita and in total. The table below is in order of revenue by source. One direct consequence of the Budget is that its taxes impact so hugely on Bermuda that the overall cost of living in Bermuda is at least 380% more expensive than in the USA and 280% more expensive than in the UK and Canada.

February 24, 2012. Bermuda Budget Day. How Bermuda's Government announced Income, Expenditure, new taxes and changes to taxation and benefits for financial year 1 April 2012 through 31 March, 2013. See http://www.royalgazette.com/article/20120225/NEWS09/702259952/-1 and http://www.royalgazette.com/article/20120224/NEWS09/702249917/-1.

Bermuda and/or Municipal Government and social rank definitions and explanations, UK-style

** On recommendation of the Bermuda Government (Premier's Office) to the UK. For government service. Unlike in the UK, in Bermuda there have never been any Bermuda Government-nominated recommendations for a Dame or Knight who is not in government but is instead in international or local private-sector business.

* Also on recommendation of the Bermuda Government ( Premier's Office) to the UK. For government or other service.

Unlike in the USA, UK, Canada, etc. there is no government way to contact MPs via email, nor are their email addresses, if they have them, published routinely.

Executive branch

Bermuda is externally a self-governing overseas territory of the United Kingdom. It makes all its own laws. UK and European Community laws do not apply in Bermuda. 

Newcomers from other countries can come here to work despite the island's small size and exceptionally high population per square mile but, unlike in Britain, are not allowed to gain citizenship or vote or acquire lower-priced real estate unless they they qualify for citizenship in ways no other Western country require. 

In the UK, USA, Canada and elsewhere, citizenship comes after 3 (if married to a national) or 5 years, tops. But not in Bermuda, not even if you stay longer than 5 years. 

In Bermuda, only with marriage to a Bermudian and living with a spouse for over 10 years can someone not Bermudian apply for citizenship. Even children born in Bermuda are not Bermudian under Bermuda law unless one parent is.  

More information about the role of Britain in Bermuda. Her Majesty the Queen is Bermuda's official Head of State. In London, the Foreign & Commonwealth Office, London, England, is responsible for Bermuda, other territories and agencies including UK visas, British Council and BBC World Service. The Governor and Commander-in-Chief of Bermuda is appointed by The Queen (on the advice of the British Government in London) after consultation with the Premier of Bermuda. 

The Governor of Bermuda from December 2007 to May 2012 is career diplomat Sir Richard Gozney. His 2011 salary is $231,800 paid by the Bermuda Government. His perks include the use of a BMW 750Li, the same make of car used by Premier of Bermuda. He was a former British High Commissioner in Nigeria and Her Majesty's Non-Resident Ambassador to the Republic of Benin and the Republic of Equatorial Guinea. Sir Richard has worked in Argentina, Indonesia and Swaziland and at the Foreign Commonwealth Office as Head of Section for NATO nuclear arms control, Principal Private Secretary to the Foreign Secretary and Head of Security Policy Department. He was awarded the Knight Commander of the Order of St Michael and St George in 2006. He graduated from St Edmund Hall at the University of Oxford in 1973 with a Bachelors in Geology. His wife is Lady Diana Gozney. They live at Government House, 11 Langton Hill, Pembroke HM 13 phone 441 292-1271, Governor's Office Fax 441 292 2256. 

His Excellency the Governor has his own Flag of Office. It is a Union Jack but in its center it has the Bermuda arms on a white disc encircled by a green garland. Uniforms for the Governor are made in London by Davies & Sons. They include a full dress blue and tropical cotton drill. It is based on old British military Field Marshals, with a white pith helmet with dyed scarlet swan's feathers plumage and Mameluke sword by Wilkinson Sword. The price of about $10,000 is met by the British Government. The official car used by the Governor  features a crown instead of a license plate, with extra large width, length and horsepower by Bermuda standards and the Governor's Flag.

The main challenge for a Bermuda Governor is to balance two sometimes contradictory functions. First, he is the primary source of information from Bermuda to the Foreign and Commonwealth Office on the state of affairs in Bermuda. Second, he is the voice of the United Kingdom and the Foreign and Commonwealth Office for advising Bermudians what they can and cannot do under British/United Kingdom laws. The salaries of the Governor, Deputy Governor and their staff are paid by Bermuda's taxpayers, NOT the British Government. Bermuda, despite its tiny size, is wealthy enough not to need the support from the United Kingdom some other overseas territories get.  

The new Governor of Bermuda from May 2012 is George Fergusson, 56 in 2012, who was assaulted in Hammersmith, London, during the evening of April 20, 2012 and was hospitalized. He lost the sight of his left eye resulting from the attack. The married father-of-three was walking in Margravine Cemetery, close to The Queen's Club – the tennis club whose members include the Duchess of Cambridge, when he was attacked. It is understood he was late for a dinner party where his wife Margaret was waiting, when he took a short cut through the cemetery. He was allegedly punched to the ground after getting out his BlackBerry mobile phone to check the address of his hosts. Scotland Yard said a "small quantity" of cash was taken and, at this early stage, officers were satisfied that robbery was the only motive. They have yet to make any arrests and say inquires are continuing. The robber was black, aged between 25 and 35, and around 5ft 10 ins. He was wearing a dark hooded top and dark glasses. Mr Fergusson, who was educated at Eton and Magdalen College, Oxford, managed to keep hold of his mobile phone and after the incident, called his wife to tell him he was going to be late before walking to Charing Cross hospital for help. Previously a former British High Commissioner to New Zealand and Samoa, Mr Fergusson, of Lambeth, London until his move to Bermuda,  has also worked in the Soviet Department, which became the Eastern Department of the Foreign Office after the collapse of Communist Russia, and in London. Mr Fergusson, whose wife works for the British Council, also spent four years as Consul-General in Boston before being seconded in 2003 to the UK Cabinet Office as head of the foreign policy team. His career as a diplomat has also included time in Northern Ireland, Ireland, South Korea and the Pitcairn Islands. His father, Baron Ballantrae, was the last British-born Governor-General of New Zealand and served in that role between 1962 and 1967. Mr Fergusson was born abroad while his father served abroad as a senior soldier. His grandfather had also been governor-general of New Zealand and two of his great grandfathers were its governors when it was a colony. According to the Daily Mail newspaper in the UK, his family history has been plagued by tragedy: his mother was killed when winds blew a tree onto her car, his father died from a stroke and his 20-year-old son Alexander died after being hit by a taxi while pushing his bicycle across a bus lane. One of his middle names is Raukawa, a Maori word in recognition of the family's long association with the country.The governorship of Bermuda was traditionally one of the most prestigious posts in the gift of the Government. For much of the last century it was given to a senior military officer on retirement, or a politician who had held senior office. The last of the latter type was David Waddington, Baroness Thatcher's last home secretary who as Lord Waddington was governor from 1992 until 1997. Since then the post has been held by career diplomats and usually comes with a knighthood for the holder. 

The Deputy Governor is David Arkley. A career diplomat, he last served at the British Embassy in Luanda, Angola, earlier in Moscow, San Paulo and Washington. His office is the Deputy Governor's Office. The duties of the Deputy Governor include being an ex-officio notary public who can perform or notarize anything on behalf of the Bermuda Government but may not receive a fee for this service. The office and contact details of the Deputy Governor are Government House, 11 Langton Hill, Pembroke, Hamilton. Phone 441 292-3600. Fax 441 295-3823.  

In July 2003, Bermuda formally joined the Caribbean Community, as an Associate Member (non-voting member), in certain areas but not in others. This specifically excludes the free movement of Caribbean nationals to Bermuda and any prospect of Bermuda joining CARIFTA or its newest free trade organization - the Free Trade Area of the Americas (FTAA) - and its hopes. Membership of the Caribbean Community will cost Bermuda about US$90,000 a year. Direct trade between Bermuda and Caribbean countries is also welcomed and encouraged, especially given the close or extended family links many Bermudians have with Caribbean islands or territories. Because of this, there is a Monday-Friday 10 am and 5:45 pm 5-minute Caribbean news feature on local radio (VSB) produced by the BBC of England and a lively Caribbean-produced feature on certain evenings. But the irony is that there are no scheduled air or sea services at all between Bermuda and the Caribbean, as there were in the 1930s, 1940s, 1950s and 1960s. Many visitors to Bermuda from the USA and Canada assume - wrongly - that there are air services connecting Bermuda with the Caribbean nearly 1,000 miles to the south. Presently, virtually all imports to Bermuda made in the Caribbean come via the USA or Canada. All visitors to Bermuda who are nationals of and resident in Caribbean islands must come via the USA or Canada or United Kingdom and must have appropriate visas to come via those countries. (Effective January 2003, all Jamaican nationals who are not Bermudian must also have a visa to enter Bermuda on business or vacation).

Cabinet

All Cabinet Ministers are Bermudian by birth or through their parents. They are appointed by and answer to the Premier. She can extend or reduce their Cabinet responsibilities, at her discretion. They must be either elected Members of Parliament or members of the Senate. They are referred to as Ministers in the British way because they control and administer and set the policy for their portfolios. They are paid a regular and pensionable salary - far more generous than in the private sector - as Members of Parliament or Senators with an additional sum if they are also a Cabinet Minister.

The benefits enjoyed by Cabinet Ministers on top of their six-figure salaries include use of a car, health insurance, a pension, a parking space at Sessions House and a credit card. All Cabinet Ministers and members of the Legislature are entitled to participate in the Government employment health insurance scheme, as well as the Ministers and Members of the Legislature pensions fund. Ministers are afforded cars. Ministers are issued credit cards that are governed according to Government’s Financial Instructions. They are subject to the standard audit process of the Government. 

Premier, Government Leader and continuing Minister of Finance

From October 29, 2010. She replaced Dr. the Hon Ewart Brown, JP, MP, who retired as Premier. The Premier of Bermuda is the political leader and head of government. The post of Premier in Bermuda is the equivalent to Chief Minister  in other British Overseas Territories or Prime Minister in politically independent British Commonwealth of Nations. It is the highest political level that can be attained within the British colonial system. The Premier and Cabinet (consisting of all the most senior ministers) are collectively accountable for their policies and actions to Her Majesty Queen Elizabeth II, to the Legislative Assembly, to their political party and ultimately to the electorate.

Hon Paula A. Cox, JP, MP. Devonshire South Central Constituency # 14. PLP photo

Phone (441) 295-4623. Email premier@gov.bm. Elected as Progressive Labour Party Leader at the PLP Annual Delegates Conference on October 28, 2010. Subsequently sworn in as Premier of Bermuda and Minister of Finance. Prior to that she was Deputy Premier and Minister of Finance. Recipient of 2011 Regional Woman of The Year Award presented during the Women's Empowerment Summit 2011. Married to Cameroon businessman Mr. Germain Nkeuleu. Highest paid Cabinet member, on an annual salary of $224,092 in 2011/2012. She has use of a Bermuda Government car, GP1, a BMW 750Li. She also gets health insurance, a pension, a parking space at Sessions House and a credit card.

Portfolio as Premier is (in alphabetical order):

• Archives
• Cabinet Office
• Central Policy Unit
• Bermuda Independence Community
• Communication & Information Services
• Delegated Affairs
• Government House
• External Affairs
• Human Resources
• Lotteries
• Management Services
• Public Service Commission
• Statistics

Bermuda Budget 2012 to 2013.

Presented on February 18, 2011 by Premier and Minister of Finance the Hon. Paula Cox, JP, MP. See newspaper report at http://www.royalgazette.com/article/20120225/NEWS09/702259952/-1 and http://www.royalgazette.com/article/20110218/NEWS/702189914 with a summary of it's implications to the entire Bermuda economy. 

Invited guests at  the April 29, 2011 marriage at Westminster Abbey, London, of their Royal Highnesses the Duke (Prince William) and Duchess of Cambridge included, (right), the Premier of Bermuda and her husband Germain Nkeuleu, seen in this official Foreign and Commonwealth Office (FCO) photograph with the UK's Foreign Secretary William Hague and (left), Premier of the Cayman Islands McKeeva Bush and his wife Kerry, at a reception at Lancaster House, London. 

Deputy Premier & Minister of Transport

Hon Derrick V. Burgess, JP, MP. Hamilton East Constituency # 5. PLP photo.

Phone (441) 293-2776.  Email dburgess@plp.bm. One of the highest paid Cabinet members, on an annual salary of $184,414 in 2011. He has use of a Bermuda Government car, GP2, a Toyota Camry. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. Ministry now includes Municipalities. Earlier had a long career in Bermuda’s hotel industry before he became full-time President of the Bermuda Industrial Union (BIU).

Minister of Education

Dame the Hon. Jennifer Smith, JP, DHumL, MP.  St. George's North Constituency # 1. PLP photo.

Phone 292-2264. Email jsmith@plp.bm. Appointed November 1, 2011. Earns $168,069 and has use of a Bermuda Government car. She also gets health insurance, a pension, a parking space at Sessions House and a credit card. Led the PLP to two general election victories on November 9, 1998 and July 24, 2003. In the June 2005 Queen’s Birthday Honours made a Dame Commander of the British Empire (DBE). The first Bermuda Progressive Labour Party Premier. The first elected female Premier of Bermuda. The first Progressive Labour Party Minister of Education. The first female Deputy Speaker of the House of Assembly. The first Bermudian Vice Chairman of the Commonwealth Parliamentary Association (CPA).

Minister of  Business Development and Tourism

Hon. Wayne Furbert, MP, JP, Hamilton West, Constituency #6. 

Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Attorney General and Minister of Justice

Hon. Senator Kim N. Wilson. PLP photo

Earns $193,786. She has use of a Bermuda Government car and gets health insurance, a pension, a parking space at Sessions House and a credit card. Under her jurisdiction come Bermuda's Supreme Court, Commercial Court and Magistrates' Courts. 

Minister of Youth Affairs and Families

Hon. Glenn A. Blakeney, JP, MP. Devonshire North, Constituency # 13. PLP photo.

Phone (441) 505-7057. Email gblakeney@plp.bm.  Appointed November 1, 2010. Ministry includes Sports. Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card.

Minister of Government Estates & Information Services

Hon. Michael J. Scott, JP, MP. Sandys North Constituency # 36. PLP photo.

Phone 234-6940. Email mscott@plp.bm. Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Minister of the Environment, Planning and Infrastructure Strategy

Marc Bean, MP, JP. MP, Warwick South Central. Constituency #26. 

Phone 538-3598. Email mbean@plp.bm.Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. Since April 1, 2011, oversight of the Government quangos the Bermuda Land Development Corporation and West End Development Corporation has been transferred from the Ministry of Public Works to this Ministry.

Minister of Health

Hon. Zane DeSilva, JP. MP. Southampton East Central Constituency # 30. PLP photo

Phone (441) 236-3011. Email zdesilva@plp.bm. Elected an MP in December 2007. Was quickly appointed to Cabinet. Once a dishwasher at a pub in Hamilton, now owner, President and Chief Executive Officer of Island Construction, one of Bermuda's major diversified local companies, one quickly given major Government contracts. Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Minister of Economy, Trade and Industry and Community Development

Hon. Patrice K. Minors, JP, MP. Smith's North Constituency # 10. PLP photo. Phone 293-2181

Earns $168,069 and has use of a Bermuda Government car. She also gets health insurance, a pension, a parking space at Sessions House and a credit card. One of the first Progressive Labour Party (PLP) Government Senators. 

Minister of National Security

Hon. Wayne Perinchief, CPM, JP, MP.  Pembroke Central Constituency # 17. PLP photo.

Phone (441) 735-5795. wperinchief@plp.bm. On April 4, 2011 he replaced Colonel David Burch in this post. Ministry includes Bermuda Housing Corporation. Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. He is the Minister of Community and Cultural affairs with responsibility for Human Affairs, Consumer Rights, Race Relations and the Office of Seniors and Disabilities. A former career Police Officer, he retired as head of the Criminal Investigations Department in 1995, after attaining the rank of Assistant Commissioner. 

Minister of Public Works

Hon. Michael A. Weeks, JP, MP. Pembroke East Central Constituency # 16. PLP photo

Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Other Members of Parliament (House of Assembly)

They include the Members of Cabinet mentioned above. There are a total of 36 Members of Parliament.  Excluding the Members of Cabinet already mentioned above they are: 

From the Progressive Labour Party (PLP)

• Neletha Butterfield, MBE, JP. JP. Pembroke West Central. Constituency #18. Contact 737-0852. Email nbutterfield@plp.bm. Formerly in PLP Cabinet.

• Dale Butler, JP, MP. Warwick North East, Constituency #25. Contact 505-3409. Email dbutler@plp.bm. Formerly in PLP Cabinet.

• Ashfield DeVent, JP, MP. Pembroke South East. Constituency #21. Contact 295-8466. Email adevent@plp.bm. Formerly in PLP Cabinet.

• Lovitta Foggo, JP, MP. St. David's, Constituency #3. Contact 297-2943. lfoggo@plp.bm.

• K. H. Randolph Horton, JP. MP.  Southampton West, Constituency #32. Contact 298-2057. Email rhorton@plp.bm. Former PLP Cabinet Minister.

• Elvin James, JP, MP. Warwick North Central, Constituency #27. Contact 335-0857. Email ejames@plp.bm

• Dennis Lister, JP. MP. Sandys North Central, Constituency #35. Contact 535-1712. Email dlister@plp.bm

• Terry Lister, JP, MP. Sandys South, Constituency #33. Contact 505-3361. Email tlister@plp.bm. Former PLP Cabinet.

• Walter Lister, JP. MP. Sandys South Central, Constituency #34. Contact 535-1004 Email wlister@plp.bm.

• Stanley Lowe, JP, MP. Southampton East, Constituency #29. Contact 236-4031. Email slowe@plp.bm, PLP Speaker of the House.

• Walter Roban, JP, MP, Pembroke East, Constituency #15. Contact 332-3900. Email whroban@plp.bm. Formerly in PLP Cabinet.

• Hon. W. Alexander Scott, JP, MP. Warwick South East. Constituency #24. Contact 236-8633. Email ascott@plp.bm. Former PLP Premier.

• Darius Tucker, JP, MP. Hamilton South, Constituency # 7.

From the One Bermuda Alliance (OBA)

• Craig Cannonier, JP, MP. Email ccannonier@oba.bm. Official Opposition & Party Leader Shadow Minister for National Security.

• Shawn Crockwell, JP MP. Email scrockwell@oba.bm. Whip, Shadow Minister for Business Development and Tourism. 

• Dr. the Hon. E. Grant Gibbons, JP, MP. Email ggibbons@oba.bm. Shadow Minister for Education.

• Donte Hunt, JP, MP. Email dhunt@oba.bm. Shadow Minister for Community Development.

• Louise Jackson, JP, MP. Email ljackson@oba.bm. Seniors Spokesperson.

• Trevor Moniz, JP, MP. Email tmoniz@oba.bm.  OBA House Leader, Shadow Attorney General and Minister of Justice.

• Patricia Gordon-Pamplin, JP, MP. Email pgordonpamplin@oba.bm.  Shadow Minister for Transportation.

• Mark Pettingill, JP, MP. Email mpettingill@oba.bm.  Shadow Minister for Public Works.

• Everard T. (Bob) Richards, JP, MP. Email brichards@oba.bm. Shadow Minister for Finance and Economy, Trade and Industry.

• N. H. Cole Simons, JP, MP. Email csimons@oba.bm. Shadow Minister for Government Estates and Information.

From the United Bermuda Party

House of Assembly about 1985

Members of Parliament get $56,023. In contrast, in the UK, Members of Parliament have a basic salary of £65,738 sterling as at 1 April 2011.

Elected local legislators  are required by law to be both Bermudian and British men and women  who are Government or Opposition backbenchers. Their salaries are more than in many places far bigger than Bermuda. They are popularly elected to terms of up to five years by the registered voters of Bermuda - mostly Bermudian. (Some non-Bermudians who were Commonwealth citizens in 1979 were given the vote but are not Bermudian. Since 1979 there have not been any further voting concessions to non-Bermudians, nor have any non-Bermudians been allowed to become Bermudians unless they have qualified to do so by (a) marriage, (b) a wait of 10 years after marriage and (c) have remained both married and living/cohabiting with the same spouse at the time of their marriage at least 10 years earlier).

A Constituency Boundaries Commission, appointed in late 2001, recommended reduction of members from 40 to 36. It was approved and was in place for the July 2003 General Election. In the House, the Premier, as an elected member, represents all elected members of the Progressive Labor Party. The Opposition is the United Bermuda Party, with 14 elected members. Bermuda's third political party was formed after the last General Election

The House celebrated its 385th anniversary in 2005. It first convened on August 1, 1620, in the town of St. George, Bermuda's first capital. Only the legislative assemblies of the United Kingdom and Iceland pre date it.

The dress code for all Bermuda legislators was relaxed in July 2000. Now men may wear Bermuda Shorts or safari or Nehru suits and women trouser suits.

There is an Annual (except in 2007 due to an election) Speaker's Dinner, every November, hosted by the Speaker of the House of Assembly. 

Bermuda has more politicians per voter than anywhere else in the world, by a very wide margin. Here, we have 36 Members of Parliament  in 21 square miles for a total of 43,000 voters, or 1 legislator for every 1,194 voters. In comparison, in the European Union, there are 736 Members of the European Parliament (MEPs) for 350 million voters throughout the EU, equivalent to 1 MEP for every 470,000 voters. In the United Kingdom there are 647 MPs for 40 million voters, equivalent to 1 MP for every 64,000 voters. Other examples include St. Lucia, with 14 parliamentarians in its 240 square miles; Barbados, also in the Caribbean, with 28 elected members in its parliament and 12 senators, in its 166 square miles and with a population of 266,000.

The Bermuda Government has 9 appointed Parish Councils, 2 elected municipal Corporations each with their full slate of aldermen and councilors like much larger cities and towns abroad and 108 Government Boards in which there are 800 part time members (none of them full time civil servants, all reporting to a Member of Parliament).

Bermuda has the highest costs anywhere per square mile of airlines' fees and related taxes; alcohol taxes; arrival taxes for cruise ship visitors; customs (import) duties; departure taxes; huge annual automobile annual registration; licensing and related taxes averaging US$ 550 per vehicle; gasoline taxes which have not been reduced in the recent oil crisis and which have pushed local retail prices to over US $6 a gallon; returning residents import duties of 23% on all goods worth more than $100 per person (the allowance for returning residence used to be $400 per person); and hundreds of other indirect (consumption based) taxes alone. Plus, because the Bermuda Government levies a very significant import duty on fuel oil and natural gas, the highest anywhere per square mile, electricity and natural gas costs in Bermuda for businesses, homes, and all guest properties including hotels are vastly more expensive than they are in the USA, Canada, United Kingdom and Europe.

11 appointed members in the Upper House - Senate

Like all Members of Parliament, all Senators are required by law to be Bermudian. Bermuda has a bicameral legislative body, an appointed Upper House (Senate) and an elected Lower House.  The Upper House, named the Senate since 1980, is appointed by the Governor. He also appoints three independent Senators. Officially, they represent neither the Progressive Labour Party (PLP) in government nor the United Bermuda Party (UBP) or any other political party in opposition.

Present Senators are, with their email addresses when known:

Hon. Kim N. Wilson, knwilson@gov.bm, PLP Senate Leader; E. David Burt, JP, dgburt@gov.bm; Jonathan Smith, jsmith@gov.bm; Cromwell M.A. Shakir JP, cmas@northrock.bm; Laverne Furbert JP, lavernef@northrock.bm; Jeanne J. Atherden, CA, JP, atherdjj@logic.bm; Hon. Michael Dunkley, JP, mdunkley@ibl.bm, Opposition Senate Leader; Susan Roberts Holshouser, JP, sholshouser@logic.bm; Joan E. Dillas-Wright, MBE, jdwright@ibl.bm ; Michael Fahy; Tony Daniels.

Cabinet Office, home of the Senate. Photograph by the author

 All 11 Senators are paid, but less than Members of Parliament.  Despite its name as the Senate, and its description as the Upper House,  it is a junior legislative forum.

Government fleet of cars

On February 22, 2010 it was reported Government has 101 GP cars in its fleet which has cost taxpayers $374,649 in repairs and maintenance and $83,838 in gas since July 2008. Minister of Works and Engineering Derrick Burgess confirmed this, with the fleet managed by the Ministry of Works and Engineering. He noted the Ministry of Works and Engineering assigns GP cars to the various ministries on as 'as needed' basis but the vehicles remain within the remit of the Ministry of Works and Engineering. Since July 2008, the Ministry has bought nine new GP cars with the total cost of $493,515. One car was a BMW which cost $188,000 and there were three Toyota Camry's which cost $69,500 each and five Kia's at $19,403 each.

Judicial branch

Its members are appointed, not elected, and paid for by the Bermuda Government. Courts are the Supreme Court and Magistrates Courts. These are headed by the Chief Justice, appointed by the Governor. The Judiciary administers the Bermuda legal system which passes its own laws. For some matters, they are based on English law but are modified - sometimes hugely - by Bermuda laws endorsed and approved by the Legislative branch. See the Bermuda Government's Bermuda Laws.

Jurors Act Amendment 2010

In February 2010 Members of Parliament passed amendments widening the jury pool. Junior Minister of Justice Michael Scott said increasing the number of people eligible to serve on the jury would strengthen the judicial process. The amendments to the Jurors Act see the age of eligibility rise from 65 to 70. Justices of the Peace will also be eligible for jury. Bermuda currently has 523 JPs. Vets and dentists are no longer be exempt from jury service, nor are spouses of MPs, barristers and prison officers. Religious ministers and attorneys who do not actively engage in criminal law are now be eligible to be jurors. Former Police, reserve Police and prison officers are also eligible five years after they have completed their service. Minister Scott said it was necessary to widen the pool: "Recent challenges have arisen in the Supreme Court with respect to jury selection as a result of the disqualification and exemption of large numbers of persons from jury service. In particular, there appears to be a reduction in the number of persons who actually qualify for jury service. In these circumstances, trials have been delayed until sufficient persons are identified for jury selection, thereby compromising the effective administration of justice."

Justices of the Peace (JPs)

Including Cabinet Ministers who are automatically JPs, Bermuda has, in its 21 square miles, 523 JPs. 

Human Rights

See Bermuda Human Rights Act 1981.

Bermuda laws apply, not UK laws, even though Bermuda is a British Overseas Territory. Unlike in the UK, Canada, USA, etc. the local Human Rights Act and Amendment Act relate only to Bermudians, not non-Bermudian retirees or guest workers. For example, where the Constitution says no discrimination by way of race or country of origin, etc, in practice non-Bermudians are regulated heavily in Work Permits regulations, exclusions, number of jobs they can have; property they may and may not buy; becoming Bermudian only by marriage and living together with a spouse  - and eligible only after 10 years of such marriage. 

Public Access to Information (PATI) Act  2010

On August 1, 2011 Premier Paula Cox promised that Bermuda’s long-awaited public access to information (PATI) law would become operational “in the second half of 2012.” The legislation was passed in Parliament on July 23, 2010, when thenPremier Ewart Brown told the public to expect implementation within two to three years. He said an Information Commissioner would be appointed before the end of 2010 though the role has not yet been filled.

Ms Cox said: “The timing, as stated in the debate in the House at that time, was to allow for the necessary preparation and a proper rollout. This Act represents a seismic shift in the way that public authorities disseminate information. In order for this legislation to achieve its goal, much preparation is required to ensure that public authorities meet the requirements and stringent deadlines set out in this Act.”

The Premier noted an implementation taskforce, led by permanent secretary Wayne Carey, was formed as soon as the Public Access to Information Act 2010 was approved. “In August 2010, Mr Carey visited Cayman Islands to learn from the challenges that they experienced when implementing their legislation.” One of the lessons learned from their experiences highlighted for us early on that this would be a lengthy implementation process. The taskforce also undertook a comprehensive review of the record management systems already in place in Government to determine what was required to be in place before the enactment date. This core team produced a draft implementation plan in September 2010. All public authorities, other than those exempted, including government departments, quangos, statutory boards and committees and the Corporations of Hamilton and St George, are subject to the PATI Act.”

Finance Minister Ms Cox said each authority had to prepare for the Act to become operational by:

• producing an information statement explaining, among other things, its structure, legislation, functions and services provided, types of records held, policies and procedures, rules and guidelines; and

• developing internal processes for handling requests for information, in line with the Act.

Other tasks to be completed before the enactment date are:

• developing regulations for application procedures and management of records;

• setting minimum records management standards which are consistent across Government;

• establishing an Information Commissioner’s Office and recruiting an Information Commissioner;

• preparing and publishing a PATI guidance document and code of practice for use by the public and public service; and

• training public officers to receive and process requests.

Ms Cox said public sessions to education citizens on how to make freedom of information requests would begin early next year. “While PATI is not as yet operational, this Government considers PATI as another key element that evidences this administration’s continuing commitment to transparency,” she said. The Premier said the legislation was part of a wider mission to improve accountability, adding that public meetings were held this year on the Budget, as well as on good governance and public treasury legislation and initiatives on the Mincy Report on young black males.

“There are more meetings to come. Very shortly, you will be hearing about the open budget process.”

Ms Cox said the public would soon be able to view new procurement regulations on the Government website, as well as the rules of engagement for tendering.

The Premier concluded: “Once PATI is fully operational, it will be reflective of the continuing transparency and accountability that I consider characteristic of this administration.”

Opposition leader John Barritt said as far as he was aware there had been “nothing but silence” from Government on PATI since it was passed.

He said the Island would do well to follow in Cayman’s footsteps and implement the law as soon as possible.

“Between promise, passage [through parliament] and action, was about a year in the Cayman Islands,” he said. “They moved smoothly and quickly on that. They did the same with their anti-corruption law.”

He said if Bermuda wanted to enhance its reputation and strength of governance it needed to act swiftly too.

Former Premier Alex Scott, who first promised PATI in 2003, said he didn’t know “how far along the machinery has moved” on implementing the Act, but added: “I would think that the Premier would be putting all of the energy necessary and possible into implementing it. Until I hear otherwise, I’m making the assumption that it’s going ahead expeditiously.”

The Act represents a monumental change in how information held by the Bermuda public authorities can be accessed and obtained. The purposes of the Act are to place more information in the public domain, to increase the transparency and accountability of public authorities, to keep the public informed of activities of public authorities, and to give a right of access to information held by public authorities. However, extensive carve outs and procedural requirements may make it difficult for the Act to effect its bold promise. The benefits of having this type of legislation in Bermuda outweigh the arguments against having it. The Act allows both Bermudian citizens and residents alike to ask prudent questions of their Government with the expectation that forthright and equally prudent answers will be given. In this vein I would encourage everyone to read the Act, to become familiar with it and to form an opinion of it. Although it is law the Act will not come into operation until a future date appointed by the Minister. The appointed date is not yet known, although recent press reports indicate that it might be up to three years before the law is in force. Under the Act a Bermudian or a resident of Bermuda, upon paying a fee, may request and be given access to any record held by a public authority. No reason is required for a request and the public authority should assist with any request completely, accurately and in a timely manner. In addition the identity of the person making the request should be kept confidential unless the requester agrees otherwise. A request must be in writing and addressed to the public authority most likely to be holding the relevant record. Accordingly, the request should clearly identify the record so as to enable the public authority to find it. Upon receiving a request, the public authority should decide within 28 days whether to grant or refuse the request in whole or in part and if granted, specify the manner in which the right of access to the record concerned is to be given. A public authority may decide to refuse a request if:

■ the record does not exist or cannot be found after reasonable steps have been taken to find it;

■ the request does not enable the public authority to identify the record;

■ the request would, due to the size and nature of the records involved, require an examination of such number of records as to cause substantial disruption to the other work of that authority;

■ law requires publication of the record within three months of the request;

■ the request is frivolous or vexatious (as determined by the head of the public authority);

■ the information is already in the public domain or is reasonably available to the public; or

■ the fee has not been paid.

Every record held by a public authority is to be available unless it is an "exempt record". Exempt records are those:

(a) which would adversely affect the health and safety of an individual;

(b) with personal information relating to someone other than the requester where that person has not given consent for the information to be disclosed;

(c) containing sensitive commercial information unrelated to the requester where the original information provider has not consented to disclosure;

(d) received in confidence;

(e) containing Cabinet documents;

(f) that undermine Ministerial responsibility;

(g) that undermine deliberations of public authorities;

(h) that undermine or affect operations of public authorities;

(i) reasonably expected to have a serious adverse effect on the financial interest of Bermuda or of Government to manage the national economy;

(j) prejudicing or undermining national security, defence and international relations;

(k) containing information relating to the Governor's responsibilities and communications with the United Kingdom;

(l) reasonably expected to prejudice law enforcement;

(m) subject to legal professional privilege; or

(n) prohibited from being disclosed by any other legislation

Although these are wide ranging carve outs there are two ways by which an exempt record can be accessed. First, with the exception of (b) and (n) above, a record will not be exempt after 30 years from the date of its creation. Second, the Act provides that certain records are subject to a "public interest test" which determines if on balance the public would be better served by the disclosure rather than the non-disclosure of that record.

If a request for access to a record is refused there is a right of appeal, in writing, to the Information Commissioner. The Commissioner may attempt to have the matter resolved through mediation or, alternatively, may make a decision to affirm or vary the decision of the public authority or make such an order as he deems appropriate.

The decision of the Commissioner is binding on all persons affected by it. Any person aggrieved by the Commissioner's decision may apply to the Supreme Court for a final review of that decision.

Despite the wide ranging and extensive carve outs and exemptions within the Act, it is hoped that officials and the Information Commissioner will embrace the bold aspirations of the Act and carefully consider in each case if the public would be better served by disclosure rather than the non-disclosure of the information requested in each instance.

Policing

Government House has direct responsibility for the operational side of Policing with the Police Commissioner reporting directly to the Governor, while costs,  budgeting and manpower are Government’s responsibility. There have been a number of disputes, with some members of parliament stating that as the Bermuda Government foots the entire bill, it - not the Governor, representing the UK but not Bermuda directly - should have final jurisdiction.

Political Parties

As of May, 2011 there are three, namely

• Progressive Labour Party. http://www.plp.bm. It has formed the Bermuda Government since 1998. 
• One Bermuda Alliance, at http://www.onebermudaalliance.bm since May 2011. It comprises former members of the 
• United Bermuda Party, see http://www.ubp.bm -  which ruled until 1998 but has largely disbanded since May 2011, with only two MPs still in it; and the former Bermuda Democratic Alliance, formed November 2009 with some members including former disaffected members of the UBP.

New leader of the One Bermuda Alliance Craig Cannonier -  his shadow cabinet 

• Leader Craig Cannonier, MP, JP, Shadow Minister for National Security

• Senator Michael Dunkley, Shadow Minister for Health

• Trevor Moniz, Shadow Attorney General and Minister of Justice

• ET (Bob) Richards, Shadow Minister for Finance and Economy, Trade and Industry

• Dr Grant Gibbons, Shadow Minister for Education

• Patricia Gordon-Pamplin, Shadow Minister for Transportation

• Mark Pettingill, Shadow Minister for Public Works

• Cole Simons, Shadow Minister for Government Estates and Information

• Donte Hunt, Shadow Minister for Community Development

• Shawn Crockwell, Business Development and Tourism, Party Whip

• Louise Jackson, Spokesperson for Seniors and Social Services (Financial Assistance)

• Toni Daniels, Youth Affairs and Families,

• Michael Fahy, Environment, Planning and Housing

Useful Bermuda and Government links