currently used for meetings of the Supreme Court and the upstairs chamber accommodates the House of Assembly with gallery seating for members of the public.
Establishment of an Executive Council and a Legislative Council The framework of government introduced under the Somers Islands Company’s regime and extended under British control in 1684 remained virtually intact until 1968 following a constitutional conference held in London two years earlier, the only major structural change before that date being the replacement of the Governor’s Council in 1888 with two newly-created bodies – an Executive Council and a Legislative Council. The Executive Council was renamed the Cabinet in 1973 and the title of the Legislative Council was changed to the Senate in 1980.
As a result of these changes in
1888, the executive branch of government consisted of the governor and the Executive Council, which included senior civil servants and five or six
representatives from the House of Assembly, all of whom were appointed by the governor. The Legislature, bicameral since 1888, consisted of an elected Lower House (the House of Assembly) and an Upper House (the Legislative Council). The Legislative Council was comprised of civil servants and other members, all of whom were also appointed by the governor.
Constitution of 1968 One of the most significant watershed developments in the evolution of Bermuda’s
parliamentary institutions was the implementation of the constitution of 1968, one of the major changes stripping the governor of most of his former executive functions. The Executive Council (renamed the Cabinet in 1973) was now headed by the leader of the majority party in the House of Assembly. The other members of the Executive, who were chosen by the government leader (now referred to as the Premier), were given executive responsibility for the various branches (Ministries) of government. The governor, on the
42 | The Parliamentarian | 2009: Issue One - Bermuda
other hand, retained control of external affairs, defense, internal security and the police, areas on which he was constitutionally obliged to consult with the government of the day.
Constitutional conference of 1979 The conference, held at Warwick Camp in Bermuda, resulted (inter alia) in an agreement on provisions for the creation of the Senate as the successor to the Legislative Council and the appointment of an elected attorney-general as an acceptable alternative to the appointment of a non-elected individual to that office. The decision to appoint a member of the Legislature as the attorney- general was not taken until 20 years later when Dame the Hon. Lois M. Browne-Evans was chosen to serve in that capacity.
Landmarks in the history of Bermuda’s franchise The elected representatives of the General Assembly of 1620 were voted in on a limited property- based franchise and a simplistic electoral system which mandated
Above: the constituency map of Bermuda.
the selection of two males (“by voice vote”) from each tribe (parish).
During the first meeting of
Parliament under the direct authority of England in 1687, legislation was enacted to make provision for the election to office of two candidates from each of Bermuda’s parishes. The relevant Bill was never brought into operation because there was no formal communication of the Royal assent - a necessary final step in the law-making process. In 1691, legislation was passed
which confirmed that all parish constituencies, including St. George’s, were entitled to four representatives in the General Assembly. The relevant section was worded as follows: “In every General Assembly hereafter to be held and called in these islands, there be chosen four representatives for each of the respective tribes in these islands, and four for the town and parish of St. George’s”