HISTORIC TIMELINE
When such a Bill is debated, Members of Parliament are usually allowed a “conscience vote” – i.e., they do not have to “toe” an official party line on the issue under review. Private Bills are tabled in the
Legislature by a backbencher or, as is sometimes the case, by a member of the opposition. These Bills are presented on behalf of an association or a group of individuals (e.g. a business entity, church or school) and, in most instances, contain legislative provisions for the incorporation of a company and/or related matters.
Primary Legislation (Bills) Bills have to go through three readings, the first being the actual tabling of the legislation and followed some time later by the Second Reading when the contents (clauses) of the Bill are debated in detail. The brunt of the discussion occurs during this phase of the proceedings and the Third Reading, in the normal course of events, is a functional formality taking place during the same meeting of the House of Assembly. Following its passage through
the Lower House, the Bill is signed by the Speaker and sent to the Senate, where it is also taken through its three readings. After being passed by the Senate and signed by the President, the legislation does not become an official statute until the governor attaches his signature to the document on behalf of The Queen. A piece of legislation with financial implications (defined in the constitution as a “Money Bill that is not a Taxation Bill”) which has been given the green light in the House of Assembly cannot be rejected by the Senate. This particular restriction applies to all budget-related legislation, which, although debated at both the House of Assembly and Senate levels, has, for obvious reasons, to be in place by 31 March, the end of the government’s financial year. Other categories of Bills
which have been passed by the House of Assembly are, in most instances, agreed to by the Senate. There are however, occasions when the upper House recommends an amendment and returns the revised version for the House of Assembly’s concurrence. In the event that both Houses do not reach an agreement on its contents, the Bill cannot be enacted. If however, the legislation is re-tabled and goes through its three readings in the House of Assembly after a hiatus of 12 months, a second rejection by the Senate will not prevent its being signed into law.
Secondary Legislation (Statutory Instruments) Statutory instruments (orders, notices, rules, regulations, etc.) can only be processed through the authority of an enabling Act, sometimes referred to as the “Parent Legislation” - i.e. an Act which delegates to a particular Minister the authority to “make” a statutory instrument and to table the initiative in Parliament. Statutory instruments can be “made” by implementing either the affirmative or the negative resolution procedures.
Under the affirmative resolution procedure, both Houses debate the instrument independently of each other, and if one branch of the Legislature rejects the item, an amended version of the instrument would have to be tabled later for the separate approval of both Houses. After a commencement date has been determined by the Minister responsible for the initiative, a negative resolution instrument is tabled in both Houses for information but not for debate. Nonetheless, there is a rarely implemented provision, governed by a specific time frame, which allows a Member of either House to move a motion to annul (or partially annul) the Instrument.
44 | The Parliamentarian | 2009: Issue One - Bermuda
Election results since 1968
May 1968 - United Bermuda Party (UBP) (30 seats); Progressive Labour Party (PLP) (10 seats) June 1972 - UBP (30 seats); PLP (10 seats) May 1976 - UBP (26 seats); PLP (14 seats) Dec. 1980 - UBP (22 seats); PLP (18 seats) Feb. 1983 - UBP (26 seats); PLP (14 seats) Oct. 1985 - UBP (31 seats); PLP (7 seats);National Liberal Party (NLP) (2 seats) Feb. 1989 - UBP (23 seats); PLP (15 seats); NLP (1 seat); Independents (1 seat) Oct. 1993 - UBP (22 seats); PLP (18 seats) Nov. 1998 - PLP (26 seats); UBP (14 (seats) July 2003 - PLP (22 seats); UBP (14 seats) December 2007 – PLP (22 seats); UBP (14 seats)
Government leaders since 1968
Hon. Sir Henry Tucker - Government Leader 1968-1971 Hon. Sir Edward Richards - Government Leader (title changed to Premier in 1973) 1971-1975 Hon. Sir John Sharpe - Premier 1976-1977 Hon. Sir David Gibbons - Premier 1977-1981 Hon. Sir John Swan - Premier 1982-1995 Hon. David Saul - Premier 1995-1997 Hon. Pamela Gordon - Premier (now Dame Hon. Pamela F. Gordon) 1997- 1998
Hon. Jennifer Smith - Premier (now Dame Hon. Jennifer M. Smith) 1998- 2003
Hon. Alex Scott - Premier 2003-2006 Hon. Dr. Ewart Brown - Premier 2006-
Composition of Bermuda’s Legislature
Senate (Upper House)
Eleven Senators appointed by His Excellency the Governor
Five on the recommendation of the Premier Three on the
recommendation of the leader of the opposition Three independents appointed by the governor acting in his discretion.
Note: Ministers (“not less than one nor more than two”) and Junior Ministers are to be appointed from amongst the Government Senators. Junior Ministers, who are not members of the Cabinet, are appointed specifically for the purpose of assisting Cabinet Ministers in carrying out their responsibilities.
Presiding officers chosen by senate colleagues
President - Independent Senator Vice-President - Independent Senator
House of Assembly (Lower House)
Thirty-six Elected Members Government Leader (Premier) Deputy Premier Ministers and Junior Ministers (not to exceed 12 in total) Government Backbenchers Leader of the Opposition Deputy Leader of the Opposition
Shadow Ministers Opposition Backbenchers
Presiding officers chosen by House of Assembly colleagues
Speaker Deputy Speaker
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