Starling Releases “Right Of Recall” Act Draft
Former Independent candidate Jonathan Starling has released a draft of a “Right of Recall” legislation which empowers the Speaker to rule that an MP can be subject to a recall petition if the MP has been found guilty, by a committee chaired by the Speaker, of committing certain acts, or breaching certain codes of conduct.
Mr. Starling said, “Following on from my public consultation on Fixed Term Elections, of which I’ll release an updated version shortly for further consultation, I am pleased to submit for public consultation now a draft Right of Recall Act.
“The Right of Recall Act, along with the Fixed Term Elections, among other political reforms, were policies that both the OBA and I shared in our platforms. However, since coming to power the Government has not acted on these reforms to our political system – reforms which would enhance the accountability of our democracy.
“While this is unfortunate, I have taken the opportunity to develop the policies into draft legislation to save the Government time, and as part of that – and my commitment to enhancing our democracy – I would like to submit this draft Right of Recall Act to the people for their constructive criticism.
“While I am unfortunately not an MP or a Senator at the moment, it is my hope that in presenting this draft legislation, and encouraging public discussion on it, an MP or Senator might introduce the legislation on my, or rather ‘our’, behalf. At the very least, the constructive criticism of it can be used to inform the Government in designing their own legislation should they choose not to adopt the one I have drafted.
“Ultimately, if we, the voters, do not advocate for these reforms, then the politicians have no incentive to act on them,” continued Mr Starling.
“I’m sure many will recall the protests of university students during the 2012 election about the lack of absentee voting, and the then Government noting that it was too late to introduce such in time for the 2012 election, and generally encouraging students to advocate for it going forward, lest the issue be forgotten and, come the next election, the same protests arise, again far too late for practical change.
“In developing this draft legislation I have consulted existing Right of Recall legislation throughout the world, primarily that of British Columbia in Canada and the UK, as they share a common kinship with Bermuda’s legislature. I have sought to strike a balance between the interests of the electorate and the practical efficiency of parliament in the drafting of this legislation.
“Essentially, it empowers the Speaker to rule that an MP can be subject to a recall petition if the MP has been found guilty, by a committee chaired by the Speaker, of committing certain acts, or breaching certain codes of conduct. Such a ruling alone does not lead to a recall by-election, it only provides a pre-condition for it.
“It would then be up to the electorate to decide whether or not to proceed with a recall petition, and it is only if such a subsequent recall petition meets certain criteria [a certain percentage of the constituency voters in a set period of time] that a recall by-election is actually triggered and the MP vacates the seat – although the MP may of course contest such a subsequent by-election.
“I hope that this approach provides sufficient checks and balances to ensure that the process isn’t hijacked by pure political interests, but instead is focused on enhancing the accountability of our politicians.
“I look forward to the constructive criticism concerning it, and will see what I can do about encouraging an MP or Senator to submit it for consideration by Parliament.
“Shortly I will release an updated Fixed Terms Election Act, based on the feedback from its public consultation in June, and I will also release a draft Initiative Act [to allow for referenda to be triggered by petition] for similar public consultation, also with the hope of it being adopted by Parliament in the near future.
“Beyond these political reforms, I think it is time, especially after the Jet Gate scandal, to implement some sort of legislation on campaign financing. At the very least this should be the subject of a Green Paper in my opinion.”
The Draft Right of Recall Act 2014 follows below [PDF here]
“While I am unfortunately not an MP or a Senator at the moment”….you misspelled fortunately.
brilliant
Hello Mr. Starling. Why are you so hell bent on making the Speaker of the House the virtual King/Dictator of Bermuda? Bermudians already have the right to re-call. It’s called a general election. Once a person/party is elected, they should be given the time to get on with the job. After 14 years of a PLP govt, the people said “ya gone”. Now give the OBA time to clean up the mess and turn Bermuda around.
Is there a need for this abuse? He is tryng his best – not being paid to come up with these – and is pretty consistent with his views.
The negativity on this website is pretty unhealthy.
Easy to moan and whinge, harder to give constructive critisim. this is just trolling and its getting boring.
Agreed. That was an idiotic comment. ‘Unfortunately’ it is typical of the level of discourse on these blogs. It’s too bad that there is a general lack of maturity or perhaps educational attainment needed to elevate the conversation to a meaningful level. Not sure if stupid statements like this will stop.
Agreed.
I don’t always agree with Mr. Starling but his attitude and approach are rational, a desirable trait.
Noncents remark, while it is obviously widely regarded as hilarious, is in fact completely devoid of any argument, comment, or information that helps anyone understand the issues at hand. Possibly this reflects the content of the mind that created the remark in the first place.
Immediate thoughts. This seems overbearing.
By elections are not cheap. To have political games being played in such a tight and close elected governmental country would make us look like a laughing stock.
We need to get things done, not play Nani Nani Boo Boo games.
I agree on some points, but overall think that it is too draconian. Hav ing the speaker make subjective calls on whether someone has been updated sufficiently, that in their opion someone has become incapacitated, Speaker decided witch hunts
We know you have done this Starling, so who in the PLP over the last 10 years would have fallen foul of your “Big Brother” red tape?. State the truth.
Name them.
unpaid parking fines, speeding, drugs, etc etc.
Wow. This draft legislation certainly gives the “speaker” a great deal of power and latitude.
Of course a committee would be required to rubber tamp the decision of the speaker….given that the speaker appoints the committee.
Given Mr. Starling’s political leanings I suspect there is an end-game already in mind.
Agreed, but he should remember that this is a two-edged sword.
This is an important step to creating more accountability in our wayward “leaders.” I hope that this is moved forward.
and then name the OBA folks who would have fallen foul.
35% of registered voters can enact a recall?
So only a few hundred people in certain constituencies. And given the partisanship which is rife in BDA there will be a never ending amount of recalls.
Sorry Starling, but we are still a democracy where majority rules (i.e. 50+1%).
Didn’t the OBA say all of this in their platform? They should thank Mr Starling for this draft and then use it to pass the legislation.
Unless they are fearful of their own recall.
Hello, I wrote some changes to the law, please pass it, or are you scared.
Don’t be a fool, what makes Starling special, the guy is a nobody, just like me.
what it has done, is potentially waste precious time in the house as the MP’s debate it.
What is wrong with the existing right of recall ???? Please identify…as I’d like to know. why the changes, and what is driver and the motivation behind each one…they weren’t just pulled out of the air. There must be triggers.
There would be no politicians on both sides left if this was inacted Starling! They all run amok.
After further review, I think Starling accidently put an “R” in the documents watermark.
Bawahahaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
good and while your at it ,now the good guy bad guy two party system…”must”…go…what is called for is indeviduals and one govt. direct no nonsense through convoluted govt goings on….awl their trivial pursuit and mama drama…iswithout the enchantment of direct and positive setting a good example.
PLP started the party system in Bermuda…. another PLP epic fail.
Really?? I thought that the party system was already in place when PLP came into power. The UBP was the first in power and held for about 30 or so years didn’t they, until PLP came along?
So, if there is an epic fail, I’m pretty sure it did not come from the PLP.
i actually wrote include…..
Are such powers given to the Speaker of the House (or similar position) in other countries such as U.K.? Or is Bermuda indeed another world?