Video: Premier Cox Tables Referendum Act 2012

May 18, 2012

[Updated with video] Premier Paula Cox tabled the Referendum Act 2012 in the House of Assembly today [May 18], which she said would be followed by a referendum on gaming in Bermuda in due course.

The Referendum Act 2012 establishes the necessary mechanics and procedures to be followed in the holding of any referendum in Bermuda.

The Premier said, “In the Speech from the Throne delivered in November 2011, your Government signaled that it would give consideration to a referendum on whether Bermuda should allow gaming.

“The overarching context was Government’s strategic initiatives to launch a new tourism brand for Bermuda with the development of a long term National Tourism Plan.

“As an integral part of the impending launch of the new tourism plan, today I have tabled in the House of Assembly a Bill entitled the Referendum Act 2012. In due course, this will be followed by a referendum on gaming in Bermuda as signaled in the Throne Speech 2011.”

“Decisions are being made every day, but they are not being made in isolation,” said Premier Cox. “Involving you in the decisions about our Country is an essential principle of our democracy.”

The Premier’s full statement follows below:

In the Speech from the Throne delivered in November 2011, your Government signaled that it would give consideration to a referendum on whether Bermuda should allow gaming.

The overarching context was Government’s strategic initiatives to launch a new tourism brand for Bermuda with the development of a long term National Tourism Plan.

As an integral part of the impending launch of the new tourism plan, today I have tabled in the House of Assembly a Bill entitled the Referendum Act 2012.

In due course, this will be followed by a referendum on gaming in Bermuda as signaled in the Throne Speech 2011.

The Referendum Act 2012 will provide the framework for the conduct of referendums in Bermuda. In Bermuda’s recent past, two referendum questions have been posed: one on capital punishment and one on independence.

On each occasion, it was necessary for a separate Bill to be drafted and presented to the Legislature for approval in order to give rise to the referendum, and for concomitant Regulations to be drafted which dealt with the particulars of how the referendum would be conducted.

The Referendum Act 2012 establishes the necessary mechanics and procedures to be followed in the holding of any referendum in Bermuda.

One might easily describe it as an umbrella Act which sets out operational processes to be followed whenever a referendum on any topic is held.

Without wishing to pre-empt the fulsome discussion which will take place when the Bill is debated in its entirety to the Legislature, suffice it to say that the Bill is wide in scope and application.

It identifies who is able to vote in a referendum, the timelines which must be adhered to in the event a referendum is held, and identifies in clear detail the processes which must be followed before, during and after the referendum is held.

The Bill also set out a formula for the determination of the outcome of a referendum, namely whether the majority answers with a ‘yes’ vote or a ‘no’ vote.

The Referendum Act 2012 is structured on a similar foundation and framework as the Parliamentary Election Act 1978.

That means that in some instances, the wording of the two pieces of legislation is virtually the same.

This is because the process to be followed for a referendum is modeled on the framework for holding a parliamentary election under the Parliamentary Election Act.

In other places, the wording may differ slightly and more will be said about that when the Bill is introduced for debate by the Legislature.

However, there is one significant difference between the two Acts and it is a difference which underscores the commitment to wider participation, where it may be required, in the holding of some referendums.

In this regard, the Referendum Act 2012 allows the Premier the discretion to utilize the services of an ad hoc committee whenever a referendum is called.

That ad hoc committee, which will include the Parliamentary Registrar, together with a Chairman, a barrister and three members of the Legislature will advise the Premier on any matter relating to the referendum, establish best operational practice for the holding of the referendum and perhaps most importantly, will assist in making the public aware of the question or questions for consideration at the referendum.

The Bill is modern in its nature and builds another element of democracy into Bermuda’s legal structure and no doubt will prove very helpful in the determination of complex policy issues that require a clear steer from the will of the people.

Finally, ladies and gentlemen, I want to leave you with this final thought which I believe sums up what we as a Government are seeking to accomplish with this Bill.

Decisions are being made every day, but they are not being made in isolation. Involving you in the decisions about our Country is an essential principle of our democracy.

The crux of Constitutional Democracy in our view means that people must have the freedom and flexibility to choose. They must have the freedom to share in common experiences, and to freely debate and discuss the issues that concern them.

In essence ladies and gentlemen, they must have the feeling that they have the right to ask questions and be consulted on Government decisions that affect them.

This is the spirit of democracy that we advocate and this is the kind of openness that we seek to engage in with this Bill.

Thank you.

-

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  1. Chart says:

    Ya, I am so sure this referendum bill has nothing to do with independence.

    • Tolerate says:

      Crossing fingers and praying you’re right (even in your sarcasm). Anyone talking of Independence at this unstable time in Bermuda needs to be taken down to the Flag Pole and charged for treason. After balancing the advantages and the disadvantages, this would be a fatal mistake at this time for Bermuda. Over 80% of the population (when last checked), recognized this. You don’t have to be black or white; just have common sense.
      The last person spouting off about going Independent was asked, “What would we gain by being Independent?” His response was, “We would be Independent!”
      Enough said on that topic….

      • Concerned Citizen says:

        Well I guess thats the way to think’ because the government will remain PLP as long as we remain a territory, so no OBA for a loooooooooong time

    • Just the Facts says:

      Maybe it has less to do with independence than trying, desperately, to hold on to power. Word on the street is that Cox has been advised by her political strategists to hold a referendum on gaming at the same time as the election to encourage greater voter turnout. They’re worried their supporters will stay home.

  2. OvEr says:

    Personally, I think if gaming is allowed, the casino should be government owned. If it’s not, it will only allow very few already wealthy Bermudians (probably the likes of John Swan, who has been vocal about bringing gaming to the Island) to get richer by opening it. The wealth should be spread around. Plus, if owned by the government, it could be a great provider of payments towards our debt.

    • More with less says:

      NO WAY!!! They would blow the money before it was even made!

      • Finally left! says:

        ah yes but that would stop them spending all the tax money.. :P ..

        ..in theory

    • Big D says:

      The physical casino can be owned by the Government but in no way should it be operated by them. They should have an experienced, outside company with intimate knowledge of the business run the casino and pay the Government 40% of revenues. It should be mandated that these revenues go directly to the “Education Budget”.
      In the end, a better educated population will definitely benefit us all!

      • oopsie says:

        A better educated population will benefit everyone except the Government (PLP)

        • Come correct says:

          Knowledge is power, and only they can have it.

    • Tolerate says:

      A Gaming Committee should be the only part this Government has on Gambling. This Committee will be setup to regulate and update laws similar to other Gaming jurisdictions and enforce Gaming in Bermuda on behalf of the Government.
      As it has been mentioned for the Airport and Tynes Bay Incinerator as examples, the government need not run these entities directly. Government has too much over head to manage as it is. Just think, all Government has to do is put Laws in place and Tax the persons applying for licenses. Government can regulate the number of licenses if they wish, per the Gaming Laws.
      Government needs only to sit back and take in the money. Leave the Security, and Staffing issues up to the owners who qualify for Gaming licenses.

    • Tolerate says:

      Remember, as much as you may not wish for John Swan to get richer off this venture, it would be HE (if he took on this project), who would be absorbing ALL the risk. Government and the people of Bermuda will reap the profits.
      We still have to balance the pros and the cons at this point to determine if Gambling should even be legalized, and in what manner.

      • C.B.A says:

        I’d rather the government take on the risk and fail than see John Swan get richer. Having said that, there wouldn’t be that much risk. I doubt there would be more than one casino, and it’s not like our nightlife has anything else to offer. No, I’d rather the government make the profit off the casino than merely take licensing fees. Of course, there would need to be transparency on where the money is going…

    • pebblebeach says:

      no way should this Government or any for that matter operated a casino…

  3. OMG says:

    You are right – de Gument will use this as an Test for independence.

    Independence – if it costs us more why do we need it? We cannot pay for our Debts now!!!!

  4. navin johnson says:

    Nothing to do with Independence…..once the gaming bill goes through the financing will come in for the Par La Ville Hotel and Morgans Point…..without gaming NO hotels will be built…ZERO…ZILCH…NADA….

    • Hmmm says:

      I think you have a point there my friend… Plus, I do love a good game of craps!

  5. Joe says:

    If owned by THIS government the money wold be gone like the billion odd dollars of tax already gone. No-one trusts the PLP government to run their money, including most of their supporters. How can people vote for or against when they have no idea what a ‘for’ vote will mean. I would rather John Swan than Ewart Brown, but either way, we need to know what will happen if a yes outcome.

  6. Mountbatten says:

    Who would be THE BOSS OF BOSSES ? You know mob style , do we have any qualified Bermudians ?

  7. Soooo says:

    “As an integral part of the impending launch of the new tourism plan, today I have tabled in the House of Assembly a Bill entitled the Referendum Act 2012. In due course, this will be followed by a referendum on gaming in Bermuda as signaled in the Throne Speech 2011

    Ministers and Goverment officials visit China (who happen to be the biggest investors in new casino’s at the moment)and now it’s an integral part of our tourism plan… Guy’s look at the Bahamas, has gambling helped anyone (except the Goverment)there?

    • Bewildered says:

      Gaming did not prevent Atlantis in the Bahamas from becoming insolvent, and recently bought, along with Atlantis in Dubai for a fraction of its construction costs.
      No chance of a new hotel being finished here. Anyone read the article about Lantana and Newstead the other day? Financing for Lantana dried up when Newstead went into receivership. Why would anyone spend $300 million or so on a new hotel when existing ones can’t survive. The demand isn’t there and a new hotel won’t create the demand.

  8. Jim Bean says:

    here we go. more BS from the PLP

  9. allcloggedup says:

    Build a hotel before the election….build the hotels before the election…..get some chinese money here before the election…..stop building houses for no-one…….str8en out telecoms and lets see a plan for debt reduction………my vote is no longer automatic

  10. Wow says:

    They are legalizing weed and now gambling we are in great shape!!

    • Come correct says:

      They’re legalizing weed?! I missed this? For one legalizing it would be a bad idea, remember the whole Bermudian entitlement thing, decriminalizing it, regulating it, taxing it and selling it would be great, that alone could pay off our debt in 10 years trust me. Marijuana growing licenses with serious guidlines…:o jobs have been created…:o oxygen is being created. With the right heads together its flawless.

  11. Wow says:

    We will be all high and broke if not robbed sooner or later

  12. terry says:

    Paula, just call an election. Please.
    Your just milking this.
    I mean jingus. Mike Dunkley could even mouth this without a ring of white around his lips.

  13. Cleancut says:

    This is to slow down the GAMES that Col. Burch will be playing with Independence when he returns. Commissiong and Brown as well.

  14. No Truth in Advertising says:

    Government is under pressure! Throw a hot button issue on the table to take the heat off the real issues. A page taken right out Ewart’s book.

    • Cleancut says:

      That’s right, if the PLP legalize small amounts of weed before the Election there’s no doubt they will win the next election. One love!!!

  15. Spilt milk says:

    No way!! Gambling can be very addictive.. More so than marijuana. This is a very bad idea. We will end up spending more in the long run with policing of these establishments and crime will go up you can gauruntee it. Google crime statistics near gambling areas and see what you find..

    I’m for regulation and decriminalization of marijuana.
    How is money generated you ask…..
    1. Licence fees for growers and establishments.
    Two separate licenses.
    We have bda college- growers pay to take a botonamy course similar to the one in oakland( oaksterdam university) look it up. Renewals every two years.

    2. Sales tax on product sold. (flowers, resin, cookies, etc)10-15%
    5% tax on textiles clothes, toilet paper, etc….

    Same laws apply for increased penalty zones.. Fines and removal of licence
    No licenses given to those with criminal records….
    Instead of letting tourist go Jamaica amsterdam and Canada they can come here and have a good time…

    You could even setup a district… I dunno ie the annex maybe???

    Time for government to stop being myopic in there approch policies…
    Everybody has had a toke at some point… Colledge anyone?? Let’s be different for once and think outside the box…
    Bermuda is I mean was another world.. Now we are followers..
    Peace n love bda

    • Come correct says:

      So im not the only one that sees this too…

  16. Nigel Spider says:

    Ok peoples….. put your thinking caps on.. It’s no coincidence that gaming is being brought up at the same time were supposed to have a new hotel built in Hamilton. Look at the players of the new Corporation of Hamilton team. Were not all stupid… Also these two referendums will most likely be options to select when were at the polls for the next election. The Cog knows there will be a low PLP turnout because of such a deplorable job this government has done and by having the referendum at the same time brings the people out – most likely PLP supporters – however don’t be fooled – but connect the dots! Still vote OBA and get rid of these flipfloppers!!!

  17. pepper says:

    Nigel, that will never happen…the majority of voters in Bermuda do not have a thinking cap….

  18. Hmmmmmm says:

    You all realise that this is simply a distraction tactiv that the PLP have wheeled out to take folks minds off BDLC, PHC effectively getting 10million for 3-4 million facility to be built, from the Education monies. There are too many of the same names cropping up in these dealings.

  19. Cox must Go says:

    Cox Must Go

    Cox Must Go

    Cox Must Go

    Cox Must Go

    Cox Must Go

    Cox Must Go

    Cox Must Go

    Cox Must Go

    Cox Must Go

    someone save us from Cox, PLP MPs, find some testicular fortitude and save the Island from desruction under Team Cox

    Cox Must Go