Bill Paves Way For Gambling Referendum

Mr. Speaker,

The Referendum Act 2012 establishes the framework for putting power in people’s hands.

Democracy is not a spectator sport. Democracy is not so much a form of government as it is a set of principles.

“Democracy is based upon the conclusion that there are extraordinary possibilities in ordinary people” Harry Emerson Fosdick

This is consistent with comments made by Franklin D. Roosevelt who said: “Let us never forget that government is ourselves and not an alien power over us. The ultimate rulers of our democracy are not a President and senators and Congressman and government officials, but the voters of this country.”

The Referendum Act 2012 is a forward-thinking piece of legislation. It anticipates the possibilities for referendums to be held. It sets out the general parameters under which individual referendums can be held. So there will be no need to customise and to construct separate legislation for each time a referendum is to be held.

With the framework for holding referendums as set out in this Bill, it means that only mini-bills will need to be created to identify the specifics of a referendum, including the wording of the referendum question.

The provisions for the holding of a referendum must be trusted and clear.

It is about giving power to the people when there is the determination to go to the people with a referendum question.

What is also important as a principle underpinning the referendum is that of informed choice. The Office of the Parliamentary Registrar will be instrumental in ensuring that voters have the information they need to participate in the referendum and in order to make an informed choice.

The referendum will be administered using the same arrangements as for general elections, bye-elections and municipal elections, as co-ordinated by the Parliamentary Registrar.

The poll and the count will be managed in the same way as for other elections, with returning officers. Returning officers and the election officials and the detailed rules of conduct of the poll will be based on those applying to the conduct of all elections in Bermuda. There is no mystery.

The referendum process is based on tried and true electoral processes. It is a process that is beyond reproach. The Government is committed to a referendum process that is conducted to the highest standards of fairness, transparency and propriety. We recognise that when you put power in the people’s hands it has to be clear and readily understood.

Given the similarities in operational methodology between conducting a general election and conducting a referendum, the Parliamentary Election Act 1978 was used as the basis for this Referendum Bill. However, not every section of the Parliamentary Election Act needed to be included.

In Bermuda’s recent past, only 2 referendums have been held, one on the matter of capital punishment and the other on the matter of independence. In both cases separate legislation was drafted specifically for the purpose of holding a referendum, that is to say, the Capital Punishment Referendum Act 1989 and the Independence Referendum Act 1995.

The process used for carrying out the referendums was similar to that of holding a general election and both Acts applied the provisions of the Parliamentary Election Act 1978 with modifications, to the holding of each referendum.
The Bill speaks to the process of holding a referendum, inclusive of the issuance of a Notice and the provision to postpone a referendum. Mr. Speaker the Bill provides for only registered voters to participate in a referendum.

Provision is also made, for advanced polls for the sick, infirm and absent voters. The duties of Returning Officers remain consistent with those duties in the general election process, which include inter alia, receiving parliamentary registers, the authority to appoint presiding officers and the authority to have persons removed from the area because of misconduct.

The procedures for voting in a referendum are laid out with specificity in order to avoid any confusion. The same standards of ethical behaviour and secrecy required during and after an election also apply to holding a referendum.

The criteria for determining the results of the referendum are also included. A referendum question shall be answered in the affirmative if 50% or more of all qualified voters have voted in the referendum and more than 50% of the ballots are of the same response.

Mr. Speaker, the Referendum Bill 2012 gives the Premier the ability to establish an ad hoc committee comprised of a chairperson, a lawyer and three members of the Legislature who will be responsible for advising the Premier, establishing best operational practices and ensuring public awareness of the question or questions for consideration.

This means that the Committee can make recommendations for educational campaigns prior to the referendum so that the public has a better understanding of how the referendum process works, how a ballot is to be marked and more importantly, what the referendum issues and implications are.

Mr. Speaker, in summary, the Referendum Bill 2012 provides a sound framework for holding any referendum including the referendum to be held on gaming as promised in the 2011 Throne speech. The Bill also provides that the Premier shall publish a referendum notice appointing the day for the referendum.

Mr. Speaker, this is a watershed moment that demonstrates that this Government is of the people and listens to the people.

Mr. Speaker, there are a number of issues where there are a number of diverse opinions and where Honourable Members will normally vote their conscience. While that is a good thing, there are some issues where our personal beliefs may not mirror that of our constituents.

Gambling is one such example where you can pick up the newspapers, read the blogs or listen to the talk shows and hear opinions from gambling being the panacea for Bermuda to gambling being the downfall of Bermudians.

These important issues normally represent seismic shifts in our culture and way of life and, therefore, these are the issues that we need to take directly to our people to hear what they have to say.

This is yet another step towards “Open Government”, something that my Government believes in and has demonstrated.

Mr. Speaker, I am sure that I do not need to remind you that this has been the mantra of the PLP Government ever since we became the Government. I do not need to remind Honourable Members that it was this Government that introduced single seat constituencies almost immediately when we became the Government.

It was this Government that introduced town hall meetings as a medium to hear what people had to say about such contentious issues as the fate of the Long-term residents.

It was this Government that introduced the Ombudsman and the Public Access to Information legislation.

It was my Government that introduced the Open Budget process with the “Taking it to the people” budget meetings both in 2011 and 2012 and distributed pamphlets that have made it easy for persons to understand Ministry budgets and provide input into how their Government spends its money.

So Mr. Speaker, you can see that the parliamentary referendum is the next logical step.

However, Mr. Speaker, I must exhort all Bermudian voters that this will only work if they avail themselves of the referendum, when it is announced, to make their voices heard.

As Louis L’Amour once stated: “To make democracy work, we must be a nation of participants, not simply observers. One who does not vote has no right to complain.”

Mr. Speaker, a date for the first referendum to be held under the provisions of this Bill will be determined and announced in the near future.

Thank you Mr. Speaker.

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