Opposition Immigration Bill Defeated In House
Following a debate which saw Opposition MPs speak in favour while Government MPs expressed concerns, the Opposition Bill seeking to amend the Bermuda Immigration and Protection Act 1957 was defeated in the House of Assembly this evening [June 6].
The vote on the Bill — which effectively sought to plug a “loophole” that allows Permanent Resident Certificate [PRC] holders to get status — did not go to a roll call vote so the exact votes of each MP are not available.
When asked to explain the Bill, Shadow Minister of Shadow Minister for Immigration & External Affairs Walton Brown said, “The Bill was designed to bring legislation in line with what has been Government policy since 1989. That is, that there will be no further discretionary grants of Bermuda status.
“There was a recent court ruling by Chief Justice Kawaley that created a new avenue for status, for we think up to 4,000 permanent resident certificate holders in Bermuda.
“We wanted to ensure that, while we called for a comprehensive set of immigration reforms, we at the same time put forth this Bill as a stop-gap measure to hold to the 1989 position while we reevaluate the immigration policy.”
“The Government have actually said that they intend to suspend or to hold all current applications for Bermuda status that have come in as a result of this interpretation by Chief Justice Kawaley – or judgment.
Mr. Brown speaking after the Bill was defeated this evening:
Mr. Brown continued, “They have also said they intend to await the opinion of a QC to assess whether or not they should appeal, and that they intend to look at also bringing about comprehensive immigration reform, but in the process they decided that they would not support the Bill that we brought forward because they believe they already have things under control.
“My general feeling is that if you really want to have a spirit of cooperation and collaboration, then you would hold to the position that was in place since 1989 and not grant further discretionary grants, support our amendment to the legislation and then at the same time, work on a comprehensive set of immigration reforms in conjunction with the Opposition party.
“Moving forward, I think we need to fully inform the public of what this means. We need to continue to lobby to show that in this country we cater to the interest of Bermudians, while recognising that there are rights also that must be attached to those who are long term residents,” added Mr. Brown.
The Bermuda Immigration and Protection Amendment Act 2014 is below [PDF here]
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Why is the clause — which has been in the Act for many years now — being referred to as a “loophole?” Anyone who reads 20B of the Bermuda Immigration & Protection Act 1956 should find its language pretty clear. I don’t see how any of this is a “loophole.”
PLP liars
Exactly. What loophole?
It is part of the PLP’s constant use of misleading words to cloud issues for their own benefit. You are correct, it is a straight forward section in the law that allow this right to PRC’s. It also does not involve even half the numbers that PLP have tried to claim, and it does not create a situation where a judge is setting the law. Contrary to their claims in the House, the judge was only enforcing the law, not setting it. This effects only people that have been here for over 25 years, and anybody who has been contributing to this country for as long as that should have the right to vote here, after all there are people here that get that right in less time and are a burden to society. True equality is something that is still so very far away here, and the PLP continue to miss represent it and fight against it.
What was the reason for not having a vote?
@hot button
The reason was common sense
There was a vote. There just wasn’t a division, i.e. an exact break down. All votes are taken by voice by default, that is, all the ‘Ayes’ and ‘Nays’ speak at once. If it’s not clear, any member has a right to ask for a division just to make sure of the exact vote, and no one from the PLP asked for it.
I heard this and only 115 are eligible not 4,000.
PLP liars again.
In any case, these people have worked hard for Bermuda and should be granted status. It is a disgrace to treat these folk as second class citizens.
I think 4000 is really pushing the limits on who is eligible, and has been used as an emotive tool.
The total number of people who fall in to this category is about 1300 POTENTIAL people; and it is highly doubtful that even 50% of them will get their applications in.
The reference to 4000 is fear mongering
Typical PLP move to close Immigration like they have not learned anything from previous failed policies. That’s right Bermuda for Bermudians and when there are no foriegners we can employ ourselves. PLP has no regards for peoples Human Rights. PRCs are part of our community and should be treated as such without draconian laws that make them want to leave and tell us to go pound salt.
Why is the PLP so opposed to human rights and committed to enforcing second class citizenship?
I don’t think it is the PRC-holders that live like “second class citizens” on this island.
That is what you call… A CASE CLOSED!!!! Common sense is starting to prevail again – hope it continues on a “Host” of other important topics!!
I think he’s exaggerating the number at 4000.
“.. while recognising that there are rights also that must be attached to those who are long term residents,”
And that’s the rub, because right now, LTR’s are second class citizens.
How do people that have thrived on corporate perks like housing allowances fall into the category of “second class citizens”??? PRC holders typically live much better lifestyles that the average Bermudian.
That’s a fundamentally ignorant comment based on a false assumption.
Can live here but can’t vote or enjoy other benefits of citizenship. They are the definition of a second class citizen.
Yeah I guess they should get that in addition to the heavily subsidized lives they live through the benefit of housing/tuition/utility/travel allowances and such. Try making the case PRC holders are second class citizens to the scores of real Bermudians struggling with mortgages, school fees etc…
Ian give it up your ignorance is evident for all to see. Your a narrow minded xenophobe, we get it. You can stop trying to convince us
Why don’t you take a break from the deflective, though nonetheless expected, name calling and actually address my comments with thoughts of your own. There is actually benefit in doing that, believe it or not.
The myth is that all PRC are wealthy white expats. That is not fact. Yes some are but there are many who never had all these trappings of expat life. They are also a cross section of races. As mentioned above the real number that could seek Status is probably under 200. There are many reasons for such a low number including, and this may seen strange, those that do not want to obtain BOTC status but keep there own nationality. There are also people who are married to Bermudians who have not sought status for the same reason.
Unfortunately the PLP see this merely as a matter to spread fear about how the vote base will be changed, prey on their own supporters natural fears and prefer to continue the lies about thousands of PRC/work permit holders being able to apply for status. Yet it was the PLP who created the PRC legislation and I don’t remember the outcry then.
Good points re the breakout of demographic PRC holders are comprised of. To the last bit however I am not convinced the PLP is driven by a desire to campaign on fear rather than experiences of the past, for instance the UBP’s practice of granting discretionary status. I think suspicions of the OBA as it relates to bolstering their support base is warranted. Why would anyone that understands the dynamics of this island completely remove all doubt of this???
Ian,
Regarding you comment relating to the old UBP days. I don’t disagree with you, but as you said, status then was discretionary. That is not the case here where granting of PRC is not discretionary. Unfortunately by the PLP continually saying they are against giving status and bashing PRC, they have almost certainly alienated those same PRC against ever voting PLP.
I am sure you all know what ” Feathering your own bed” means
The number that are being propagated by different PLPers are complete fictions. Walton Brown says 4,000. Derrick Burgess says 6,000. Chris Famous a few weeks ago said 12,000.
What these folks are doing is to take every single PRC holder in Bermuda, their spouses and children and assume that they all can qualify for Bermuda Status under this provision. In Chris Famous’ case, he also added work permit holders, which is a particularly egregious misuse of statistics.
Michael Scott also made the inane comment last night that any BOTC, such as those from Caymans or Gibraltar, could come to Bermuda and claim Bermuda Status. He claims that no connection to Bermuda is necessary. He also bemoaned that the Minister has lost his discretion to grant status, while Zane Desilva expressed concern that ministerial discretion had returned. (Truth: there is no discretion involved. There continues to be strict criteria which removes discretion; it’s just that under Kawaley’s interpretation, the net of who can qualify is cast a little bit wider.)
What everyone is forgetting is that section 20B requires ALL applicants to have been ordinarily resident in Bermuda on or before 31 July 1989. Clearly a residential requirement is there (25 years or so) but also a Bermuda connection.
Not all PRCs can meet this requirement – and certainly not work permit holders – since many would have arrived in Bermuda after 1989 (including many spouses and nearly all their children, who would have been born after).
The government thinks the number of people potentially affected is 1,300, but I feel that this number is also a bit of an exaggeration. However, they having access to records that I don’t have, I can’t really quibble here.
I think we can have a legitimate debate involving the sharing of opinions. But people are not entitled to their own facts.
Bermuda is truly doomed. Neither political party will do what they really know is right for the long term future of this tiny group of Atlantic Ocean Islands. No investor, Bermudian or foreign with half a brain is going to seriously consider putting money in these Islands while we have a bunch of pontificating wafflers in the HOA. Bermuda needs decisive action, not more studies and discussions.
Have you ever seen a group of kids fighting over a chocolate bar only to end up with it on the floor and ruined? Given our history this ‘slam the door shut forever’ attitude is understandable but destined to become regrettable. What once was up will surely be down and we will beg people to come and stay.
In other news, during the debate in The House, Opposition Leader Marc Bean referred to the OBA as prostitutes. This after the ganja tea debacle. The PLP look very weak and stupid to allow this man to continue as Leader, but I’m sure the OBA are happy with his continued presence in that position.
don’t give a dam what the oba think all they do is lie to the voters
Careful… Mr Beans stance on “ganja” might have more support than you realize…
What is a ‘Bermudian’?
Answer: a figment of our collective imaginations! LOLOLOLOLOL
The PRC people are already here, they are already staying – get a grip PLP. So they will have status so what. It means they are more likely to stay and keep the economy going – rather than replace them with more expats. Honestly PLP you just seem to moan about everything.
Drink some ganja tea then you won’t give a crap cos it’ll fry your brains. Oh, too late for that…..
You seriously expect the average Bermudian to share your simpleton perspective on granting Bermudian status to PRC holders, likes its some trivial not-a-big-deal matter?
If you’d like to see a true simpleton – you need look no further than the mirror.
Your daily comments are continued evidence of this.
Why is it that the Bermudian; but in particular the born Bermudian has such suspicion when it comes to the issue of the non-Bermudian and the would be immigrant?
Well the answer to that question is simple; because of the racial divide and the deliberate actions and policies of Bermuda’s privilege white population which without fail in their quest to keep Bermuda’s black population down used wave after wave of would be immigrants against the natural aspirations of Bermuda’s black population. Is it any wonder that the black Bermudian would look with suspicion to the influx of particular the white would be immigrant who would always join Bermuda’s privilege white population and enjoy the rights and privilege of a resident living in this country; which before the end of official segregation brought about by the civil rights struggle of black Bermudians; was denied to them. Isn’t it ironic that we hear speech after speech coming from the politicians of the UBP/oba claiming that they must examine the civil rights of the PRC holders and accusing the former PLP government of leaving a so-called loop-hole in Bermuda’s immigration policy; when it was the former PLP government that sort to bring forth a solution to this problem; a solution by the way which cause quite a bit of opposition from it’s own political support base which was made
How many of the PLP elite, let alone grass roots, were not born here, or are married to people who were not born here? How many have at least one parent who is not a born Bermudian? When you can answer none, then your comment has some validity.
Of course this situation is acceptable to you as long as the non born Bermudian is not white.
clear from the meetings held to discuss the problem; and it is not that the black Bermudian had a natural dislike of the would be immigrant to this country; despite what they experience as a consequence of Bermuda’s race base immigration policies which favoured the white would be immigrant.
When the Portuguese first came here they suffered discrimination; They were not allowed to go to white schools; Where did they sent their children; to black schools? who took up their cause in other areas of discrimination? Dame Lois Browne Evans took up their cause in the political realm and ironically despite having Portuguese members of parliament during the last time Bermuda had a bad recession and many Portuguese nationals were sent home; we did not see great political support coming from their fellow Portuguese compatriots. I point this out because the truth of Bermuda’s history is not yet taught in it’s full contexts,. If it was than there would be a greater understanding of why we are here when it comes to immigration policies in Bermuda.
Once again, your ramblings are nonsense Alvin. Now it is the foreign white man keeping your brothers down? How original…
Alvin’s own ignorance is keeping tne black man down.
Actually, as a local recruiter we viewed submitting black work permit applicants to have an advantage in Immigration…especially under the PLP. This may not have been true, but that was how we viewed it.
Yes don’t tell them documented facts that would mean they would actually have to aim their hate in the other direction you people are funny as hell SMDH hahahahaha
I have been here for 18 years, which my entire life. As for my father has been here as of yesterday, 28 years. I attempted to go to immigration with some questions, and the lady at the desk completely ignored me and was rude. As for she is a Portuguese woman, and only has Bermudian Status because she married a Bermudian, she looked at me and laughed. I have been here my entire life, with a Bermudian birth certificate, attending nursery, Harrington Sound Primary, The Whitney Institute Middle School and now graduating from the CedarBridge Academy and moving onto The Bermuda College here, my father is a PRC holder and has been for a very long time, later on passing it onto me with the correct age; my question is, shouldn’t I be allowed to be Bermudian? I was born here, I consider this island my home, where I come from, this island is pretty much all I know. I later on went to another woman at the counter and asked about all my opportunities and the only option I have is to apply for a B status of PRC which doesn’t really do much for me at all, meaning I would have to be on a contract to work in my own country, well I thought it was until I was turned down by the government and it’s laws/rules.
More smoke (ganja) and mirrors (programe).
Time for a BLT with a shot of PRC with a splash of LTR…….
Loopholes are like opinions…….everybodies got one….in my opinion Mr.Brown is a loophole waiting to happin…a mans’character may be learned from the adjectives which he habitually uses in conversation.
Samuel Clement.
@ Wandering. Yes, adjectives will always describe nouns and in reference to this “character” Walton Brown, another real joker! It’s one thing to be thought a Ras – hole, but when he opens his mouth well then, that eliminates all doubts.
All gerneralisations are false,including this one.
I just have one question , what relation is Commisong to dat bye robbed de bank at Southampton Princess?
Believe it or not, Rolfe is the same person that attempted to get away with robbing the bank,(Southampton Princess) at gun point many years ago. Today that is “water under the bridge” he has now turn a leaf and has pursued a life of “politics”. Here is whereby one can get paid more money for doing absolutely nothing! Sad yes, but true
Typo: “has now turned a new leaf” etc.
The majority of PRC holders are full time working parents such as police officers and health care workers. These PRC holders have paid social insurance and payroll tax for 25 years. They have struggled to pay bills like the ‘average Bermudian’. After their contributions to society, they are still treated like second class citizens.
I hope the ‘real number’(not the inflated number) of eligible PRC applicants for Bermudian status are heard!