Brown: “Unacceptable In A Democratic Society”

October 8, 2015

[Updated] “The attack by Minister Fahy on the office of the Ombudsman is unacceptable in a democratic society” and we “stand with the Ombudsman Association and the International Ombudsman Institute in support” of the Bermuda Ombudsman, Shadow Immigration Minister Walton Brown said today.

Background

In releasing their annual report earlier this year, the Ombudsman’s office said, “The Annual Report includes a special report regarding a complaint where the Ministry of Home Affairs and the Department of Immigration failed to follow certain Ombudsman’s recommendations.”

The report [PDF] said that in December 2013 a Bermudian professional lodged a complaint with their office against the Department and the Minister of Home Affairs, and detailed what happened following the complaint. You can read the full extract from the the Ombudsman’s report here.

Following the Ombudsman’s Report, Minister of Home Affairs Michael Fahy said he found the report “disturbing,” and the two Departments did “absolutely nothing wrong and for the Ombudsman to portray anything other than that is utterly false and misleading.”

A letter [PDF] from the UK-based Ombudsman Association said they “viewed with some concern the dismissive language that has been used towards the Ombudsman for Bermuda by some members of the Government,” while a letter from the Vienna-based International Ombudsman Institute said they it is “with great concern that the IOI has learned about the difficulties faced by one of its members, the Ombudsman for Bermuda, due to the damaging remarks made by the Minister of Home Affairs…”

In response to the letters, the Ministry said they “believe in the freedom of the Ombudsman to conduct her investigations” and they “will continue to support the work of the Ombudsman but in this particular case she has overreached…”

““The Minister stands by this view, notwithstanding the apparent pressure being made by outside organizations of which the Ombudsman is a member,” the Ministry added.

Premier Michael Dunkley also responded, saying‎ that “Government has the utmost respect for Bermuda’s Office of the Ombudsman” and has already written to both the international Ombudsmans groups to “formally express Government’s support for the role of the Ombudsman.”

Walton Brown’s Comments

Mr Brown said, “The simple fact is the attack by Minister Fahy on the office of the Ombudsman is unacceptable in a democratic society. We stand with the Ombudsman Association and the International Ombudsman Institute in support of the Bermuda Office of the Ombudsman.

“Our concern is not that Minister Fahy disagreed with the findings but rather the contemptuous dismissal of the work of the Ombudsman as “a farce. We are further concerned that Premier Dunkley has endorsed this sentiment by stating the Minister has his full support.

“As an office enshrined in the Bermuda Constitution, the Ombudsman has a fundamentally important role in helping to maintain good governance and holding public authorities to account.

“Minister Fahy’s emotional dismissal not only lacks political maturity; it also sends the unfortunate message that the OBA government does not respect the role of the Ombudsman.

“To comment earlier this week on the details of the specific case that raised the Minister’s ire misses the point entirely. As a lawyer, Minister Fahy will certainly know that there will be rulings made by Supreme Court judges he will not agree with, even vehemently. But he would never publicly dismiss the Supreme Court as “a farce.” Why do it in this case?

“The appropriate next step for Minister Fahy is not retrenchment into an indefensible and intransigent position, but rather an unqualified apology for the tenor and tone of his comments.

“The appropriate step for Premier Dunkley is not a pat on the back for Minister Fahy; rather, he needs to demonstrate such conduct is not acceptable for any Minister in his Cabinet,” concluded Mr Brown.

Update 4.31pm: In response, the Ministry of Home Affairs said, “The Minister has no further comment to make. He has made his position clear.”

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Comments (68)

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  1. Franklin Jr says:

    Walton’s outraged, is anyone surprised? You could literally hand this guy $1m and he’d find it unacceptable you didn’t give him $2m.

    • Yahoo says:

      zzzzzz… go back to sleep Walton

      • Onion juice says:

        I knew the UBP paid bloggers would react.

        • Yahoo says:

          Where do I collect my paycheck? I’ve probably done more for government than half of the civil servants… pay me!!

        • Franklin Jr says:

          The sooner many people on this island realize that there is no room full of rich old white men twirling their absurdly large cartoon villain mustaches, the better off we’ll all be

        • Come Correct says:

          But he said attack. Didn’t Fahy respond to the initial claim? So that would make it a defense, right?

        • top down says:

          look up the word recommendation, if your able to as a paid plp [aid blogger?

        • Tim Buck Two says:

          @Onion Juice? Where was Walton and your comments when Dr. Brown had the AG arrested?

          • Build a Better Bermuda says:

            He’s not paid to put the PLP in a negative light

        • Inabermystylie says:

          Of course, because there are no paid PLP bloggers. What’s wrong with you bie?

    • Build a Better Bermuda says:

      It is quite laughable, another storm in a tea cup. While the role of the ombudsmen is critical to democratic transparency, all Minister Fahy did was counter the report with the details of the actual case, it was hardly an ‘attack’ on the office. But as per the PLP electioneering play book… the strongest negative wording should always be used when talking about the OBA and anything they do. ‘attack by Minister Fahy…’ certainly vilifies opponents better than ‘Minister Fahy countered the report…’ Course it might be easier to take the PLP more seriously on this subject if they actually had any concern at all about the office of the ombudsman. Their own history doesn’t support them.

  2. BDA says:

    When did we become a democratic society?? Didn’t King Fahy just unilaterally deny a man his freedom of speech on the island last week? Maybe i’m missing something.

    • Huh says:

      Huh? Haters gonna hate

    • Politricks says:

      Advocating for mass murder is not covered by freedom of speech.

      • BDA says:

        I sat through the entire speech at Liberty Theatre. Over 4 hours and never heard anything remotely condoning murder. Where you there? Or are you simply going off of hear say like most of the island?

        • hmmm says:

          He was banned for selling product not allowed per his permit.

          • Tolerate says:

            Well hmmm; that’s just it isn’t it? BDA goes on ONE specific event and uses it as a means of justification. He must be related to Mr. Famous who ALSO attempted to justify this event in a poorly written opinion piece. An opinion piece where it claims the Reporter only wrote on negatives? But he and BDA are only speaking on positives. Positives that ANYONE can Google on the internet.
            To put it in plain English, the speaker was outside his natural environment, and to play it on the safe side, spoke well on topics that he could have easily researched from past speakers/historians far GREATER than himself. I could research and put on the same lecture.
            But what he did was give just a morsel, a cryptic piece of what he really was all about. I would agree; it was not the full blown version that I found on his web-site; but it was effective for what he intended.
            Now lets research the individual as the person bringing him here and the audience should have. After all, your paying good money; would you not Google the speaker first? This now leaves two questions, 1. They did and saw nothing wrong with him (now that’s the sick part), or 2. Simply showed up, completely dumb to what was going to be presented, other than what was written on a flyer.
            Lastly while the same people insist on defending, I will leave this last query I have with you. As a black person I was proud when the first Black American was elected (and many shared my views). I don’t claim to know much about American politics and based my feeling on the advancement of Mr. Obama. I think if I had to make a decision on his politics, I may not agree with ALL he stands for.
            But at NO time, as another BLACK person, or person PERIOD, would I stoop to calling him “a treasonous mulatto scum dweller”.
            You see people, that’s who you are defending. I would not even try to include on here the other vile thing this person has said; but think for a minute when someone does a Google look up on him and find he has held lectures in Bermuda….
            I am ashamed and embarrassed.

        • Betty Boop says:

          I listened to the video and he said that whites have taught blacks to be homosexuals, he also said that we must attack whites, he also said that pedophiles are homosexuals, he also said that we, whoever we are, must cut out that homosexual activity like it is a cancer. So with all that being said, sounds to me like he hates whites and wants to kill them, is that murder? Well, yes it is! By the way when the USA found out what he was writing on his website, all his hate for the white man they fired his a–. I wonder why? he hates whites. Why would anyone want a person like that here?

          • Build a Better Bermuda says:

            The we he refers to is the only true black race, a black man who doesn’t engage in ‘white sex’ or interracial activities, and the only true black women are those who learn how to please their black man. According to him such race traitors and whites must be eliminated.

            It isn’t just about what he said at Liberty, it is about what he posts and preaches through his website, webcasts and blogs. He preaches racial purity and supremacy and tries to teach an Afrocentric history so warped, that any truths he embeds in it, is almost completely obscured by his own interpretations and BS to justify his hatred for those he see as less than his vision.

          • TFRYHU says:

            HE IS TRYING TO BALANCE OUT ALL THE HATRED WHITES HAVE FOR BLACKS HERE!!POOR GUY, HE HAS A LONG WAY TO GO!!!
            I dont support his crazy views of killing whites or anyone else but if we are to get rid of psychos like him,we must rid the island of all! I respect this man for having the balls to spew this stuff in public…The difference is white people do it behind closed doors then smile in your face in public! Try this experiment..When in public, stop a child from another race,and ask them a question or even say hello and watch the reaction you get!! I guarantee you that the reaction,interaction and feedback you get from black children is completely different from that of whites and others,if any at all.You can tell how one has been raised and can only imagine what has been embedded in their minds!!

        • Onion juice says:

          They got scared, just like when they banned Marcus and Louis.
          Their sins of the past are are getting them paranoid.

          • Come Correct says:

            Paranoid? I’d be the hardest person you ever tried to kill.

          • Ringmaster says:

            @Onion Juice. Have you forgotten that an expat doctor at the Hospital was summarily fired and deported when she spoke out against the closure of the Indigent Clinic by Dr. Brown? Proof by action that the PLP does not support freedom of speech, despite what they might say in public.

          • Tim Buck Two says:

            Onion Juice, most of us have chosen to ignore you. Most of us know , you can’t fix stupid!

    • Tim Buck Two says:

      Had that individual that you defend with Freedom of Speech been white and said something like, “Black People introduced _________ to the western world” you would be kick and screaming and demanding he be banned! Lets not forget that he was selling product here which he did not declare to customs or have permission to sell.

      He is a RACIST and ignorant individual that should not be given the opportunity to land on these shores again. His words were hateful, racist and divisive not to mention ignorant.

      I’m not sure what bothers me more, what he said or the fact that you support him!

      • Onion Juice says:

        Well we’ve been hearing about that for the last few centuries, and this western society is ingrained with White Supremacy.

  3. watching says:

    it is sad that some people will excuse any behavior from the OBA politicians simply because they are OBA. any objective person would admit that fahy’s comments were unacceptable. And it isn’t a matter of agreeing or disagreeing with the ombudsman; it is about how you agree or disagree.

    • jt says:

      The ombudsman got it wrong. The manner in which she investigated was irregular and questionable. Fahy criticized her findings and conduct with a point by point response.
      Is Walton Brown suggesting that, in a democratic society, the ombudsman should be beyond criticism?
      After all, it’s not like she was arrested, had her files seized and offices relocated.

      • CCCP says:

        Talk about the pot calling the kettle bluuu. The audacity to even make this bold statement of “UN ACCEPTABLE IN *****” Look in the rear view mirror Mr Brown, I refresh your memory auditor general as just one

    • Impressive says:

      Any Behavior!!! Its beyond immature and irrational. The opposition are not permitted to comment on anything the current Government does, whether right or wrong, without being ridiculed and mocked.. Yet some of the same people go on about Democracy and the presence of hate.. smdh..

      • hmmm says:

        the case she referred to was 2 years old !!!!!!!!!!!!!

    • The Truth shall set you free says:

      Don’t fool yourselves they are the UBP

  4. SANDGROWNAN says:

    Are these the same clowns that arrested the auditor general?

    • TSOL says:

      More than once I believe.

    • Impressive says:

      There you go again,, the clown police.. nice.. next you will be going on about hate from the PLP,, smdh

  5. Politricks says:

    Exactly Mr. Brown!

    Instead of using the word farce the Minister should have had the Ombudsman arrested like the PLP did a while back as thy did with the forms AG. Or at least they should’ve labelled all Ombudsman reports as being steeped in racism and nonsensical, just like the PLP did with the AG.

    So Mr. Brown, why did the PLP refuse to take up the same woman’s case when her claims were dismissed outright by the Human Rights Commission? And what do you think about the Ombudsman’s practice of copying in the complainant in all for correspondence regarding this matter?

    To me this was all a set up and only reinforces the requirement for watch dogs to be apolitical. The appointee should never have held in the past a particular party’s appointed and/or elected representative. In doing so the office is immediately tainted without even having to use the word farce.

    • Huh says:

      Isn’t this about the same woman that wanted a position but lacked the professional qualifications that failed her professional exams five or six times. Discrimination? Really?

      • Triangle Drifter says:

        Details, details, details. Never let details & facts override emotions & a good hypocritical rant.

        • huh says:

          Veterinarian Susann Smith maintains she was discriminated against when she was denied the post of Government vet in 1997.

          “I know what I experienced all those years ago,” Dr Smith told Supreme Court, asking why else she would have subjected herself to years of “public humiliation or shame” if it wasn’t true.

          Dr Smith is appealing the dismissal last year by a special board of the Human Rights Commission of her almost 16-year-old case.

          • huh says:

            She obtained a Jamaican licence after repeatedly failing the requisite US exams, only to be turned down for the job of Government vet

            • huh says:

              From some comments here there seems to be confusion about Dr. Smith’s qualifications. The article is not clear, but it appears that Dr. Smith failed, multiple times, to pass the Veterinary Boards administered by the U.S. National Board of Veterinary Medicine. Passing this test is required for U.S. vets to practice, unsupervised, just as passing the Medical Boards (given by the National Board of Medical Examiners) is required to practice human Medicine.

            • Betty Boop says:

              Oh, that answers it then, thanks Huh.

      • Betty Boop says:

        Yes, it is, she was not qualified, so why even the Ombudsman deal with this garbage? Probably more to the story though, just don’t know all the details. This woman complained to the Ombudsman because she wasn’t qualified? DUH.

  6. jt says:

    Having said nothing on the PLP treatment of the Auditor General your opinion is completely worthless.

  7. The Inconvenient Truth says:

    @ SANDGROWNAN—you dare to raise the inconvenient truth!!!! You will now get battered as an OBA puppet–even though your point is spot on!

    We all know that “what’s good for the goose here is certainly not good for the gander.”

    The beautiful hypocrisy of our beloved little paradise!!!

    As for Mr. Brown piece–I suppose he was obliged to write it or he ould appear hypocritical.

  8. BDAFriend says:

    Mr Fahy’s use of the word farce was uncalled for. An apology and more dialogue is
    certainly called for.

    But, his decision not to accept the Ombudsman’s recommendations are within his authority. 100 million more words about this subject are not going to make the complainant qualified for the position she sought.

    She hope she pursues those qualifications and I wish her well.

    • Huh says:

      Sorry but this charade was a complete farce and the Ombudsman had a dress down coming to her in how unprofessionally she handled this. You get what you reap and for the Minister to show any respect at this point is underserved based on her own actions.

      • BDAFriend says:

        Perhaps it was, but these people need to get back together and get to work. Mistakes happen on both sides. No reason the Ombudsman can’t extend an olive branch either.

        Lets acknowledge it and move on to more pressing issues. Public point making at the expense of either side may rev up the troops and blog mavens, but it won’t get real work done.

        • Ringmaster says:

          The Ombudsman was way out of line to copy in the complaint in correspondence. Further I believe the case involved a woman who had applied many times for similar posts, and turned down for her lack of qualifications/experience. In at least one occasion she was turned down, the proposed employer was the PLP Government.

  9. Unbelievable says:

    Honestly. Where was Walton Brown when the PLP was doing this?

  10. San George says:

    A civil society is governed by law. Law is enacted and should be enforced in order to govern behavior. The Ombudsman merely reviews disputes where individuals believe they have been wronged by the government. Unfortunately the Ombudsman assistance is not timely. However, polical parties should not be able to use taxpayer money to advance there own causes. Americans rely on there Second Amendment rights when no one will listen.

  11. Rhonnie aka BlueFamiliar says:

    “attack”
    “unacceptable”
    These are buzz words.

    I, personally, find the PLP Opposition’s constant “attacks” on the duly elected Government to be “unacceptable”.

    Anyway.

    The Ombudsman is not perfect. Mind, neither is Fahy. But going on about a minor disagreement is not helpful.

  12. Navin Johnson says:

    ask the previous Ombusman how her life was dealing with the PLP

  13. longbay trading says:

    Two words…….Auditor General

  14. The Truth and Nothing but the Truth says:

    Browns weekly sound bite,,,,yawn!!!!!!!1

  15. rodney smith says:

    Victoria Pearman is a great lawyer and a good person. I wish that more people would see the great job she is doing for Bermuda.

  16. Coffee says:

    The sooner Mr.Fayhe returns to ordinary citizen status , the better off Bermuda as a whole would be . Walton is only articulating what most people following this high powered OBA fiasco is saying .

    • Toodle-oo says:

      That ‘most people’ would be the grossly uninformed masses who wish to politicize every thing .

      As I said elsewhere yesterday , if those oh so venerable ombudsman groups overseas knew the complete details of this whole thing going back at least 12 years they would have at the very least kept their noses out of it or agreed with Min Fahy .

      Know the facts before jumping on the bandwagon . The uninformed masses have made that mistake , as they always do , and they’re sounding very foolish .

    • Unbelievable says:

      You’re delusional.

    • Build a Better Bermuda says:

      Estential what your are saying is that you want the OBA out of immigration so that we can go back to the PLP adminstration of it where they allow in large amounts of work permits for unskilled labour jobs and don’t crack down on work permit offenders.

  17. CCCP says:

    they have been very quite to now, back to the weekly mouthpiece spouting off about anything but not knowing js and certainly forgetting their numerou faux pas

  18. SANDGROWNAN says:

    Yup, just read through all of this, Walton needs to STFU.

  19. Just wondering says:

    The comments by Walton Brown would be far more creditworthy if someone could point me to where he made equal if not more veherment comments when the PLP slammed the Ombudsman during their “tenure” – the problem isn’t necessarily with the message – its with the messenger!!

  20. Pete says:

    Over the years since the PLP introduced this Ombudsman position, I`ve never seen any positive results from this office.
    It in essence is another one of these friend favour created positions that’s just a total waste of Pubic funds, a position that could be well be done away with, serving no useful purpose other than jus as it is now a rink for useless arguments about nothing.
    Show me over the years where it has done some good for a destitute working class person ?
    Disband it!!!

  21. CCCP says:

    Ok taking odds. Next useless mouthpiece with crap all to contribute to the real world Zane the Go;fear? Flip Flop Furburt? Fence jumper Swan guest mouth Rev Tweedle Dee, PaPa Bro Chris, Mr Marc B Hand Puppet to the Star in the background etc Would be a great team if they spoke the truth, didn’t twist and SPIN and were CREDITABLE.

  22. Sara says:

    This is always a hoot. Again , where was Walton’s outrage when the Ombudsman during his party’s reign was trying to account for monies missing? Just a tad more serious than an immigration issue, don’t ya think?