Opinion: Jonathan Starling On Right Of Recall

June 7, 2014

[Opinion column written by Jonathan Starling]

Time for the ‘Right of Recall’ Vote…

In the 2012 General Election the OBA promised a series of sweeping political reforms, including fixed-term elections, absentee voting and the right-of-recall.

Despite some mention last summer of a committee, headed by Minister Fahy, developing these proposals we’ve not seen any subsequent update on their development, expected introduction or outline of how they would work.

And in the mean time we’ve had Government fail to bring legislation to the House of Assembly for consecutive meetings, meaning parliamentarians have resorted to empty chatter rather than the ‘urgency of now’ of conducting the people’s business.

Why a ‘right of recall’?

Currently we can have MPs found guilty of breaching the Ministerial Code of Conduct with impunity or otherwise engage in actions unbecoming of their position, or neglecting their duties as parliamentarians and their constituents.

And due to the polarising nature of our politics, and the curiosities of our spatial development, we have clear safe seats where the actual local interests of constituents are all too often ignored as the sitting MPs feel no possible threat to their seat.

At the moment constituents have little recourse to hold their representatives accountable other than waiting until the next general election, which may be years away [and until the legislation for fixed-term elections is in place, we just don’t know when the next election will be].

The right of recall vote allows for power to go back to the voters, to empower them to hold their MPs – even in safe seats – to be held accountable.

A right of recall should operate on the basis of a petition – when a certain percentage of the voting population sign a petition it should automatically trigger a recall vote and people are asked if they want their representative to be recalled.

If the answer is yes, then a by-election should be held.

Right of recall legislation currently exists in the Canadian Province of British Columbia, at a Canton level in Switzerland, Venezuela and in various US States.

We don’t necessarily have to re-invent the wheel in order to introduce it to Bermuda.

A Draft Bill Outlined

In the hope of encouraging the Government to move forward on these political reforms [fixed-term elections, right-of-recall and absentee ballots], I propose the following:

  • A recall vote can be called after one full year [365 days] of holding office has occurred;
  • After a recall vote, no further recall vote of that MP can be held for another full year [365 days] in the event of the MP surviving the recall vote;
  • A recall vote will be triggered if 20% of voters in said constituency sign a petition calling for a recall vote [approximately 200 voters in our existing constituency system];
  • On a recall vote being triggered by recall petition, a by-election is to be held in that constituency no later than four weeks [28 days] from the Parliamentary Register confirming the validity of the recall petition;

By its very nature the call for a right of recall is likely to be emotive and there will be different views on how to proceed, along with the pros and cons of such a mechanism.

Ultimately, in my opinion, a right-of-recall mechanism helps empower voters and help keep MPs accountable, and as such is simply the right thing to do.

I hope that my draft bill, outlined above, will help contribute to the debate on what would be the best system of a recall mechanism.

- Jonathan Starling

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Comments (11)

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  1. Tolerate says:

    I must praise Mr. Starling for his comments and proposed DRAFT. I’m sure many (myself included) are thinking, where was this a few years ago?
    “Currently we can have MPs found guilty of breaching the Ministerial Code of Conduct with impunity or otherwise engage in actions unbecoming of their position, or neglecting their duties as parliamentarians and their constituents”.
    Any of the above quotes sound familiar? I will however support that even if such behavior was carried out in the past, we should not TOLERATE it today. As a country we have learned a harsh lesson over the last few years what the above actions can lead to. I’m not sure exactly how long Mr. Starling has been in politics; but to be taken serious you have to be seen as straight and non-biased to be respected by all. A respected Politician gains the ear of all voters, not just the ones who back their side. I personally believe everyone can have valuable ideas and not just your party representatives. Bermuda needs every-one coming together at this time be it OBA or PLP. Sadly I do not see it happening. Thank-you for your DRAFT.
    I often wonder why there seems to be nothing in place regarding the COH. Can we cut/paste your DRAFT Mr. Starling to address that fiasco? I’m sure rate payers would find it handy about now.

  2. sandman says:

    Recall has to be done right. Unfortunately your proposal would enable politically motivated recall eg if a party believes there has been a swing in their favour. Perfectly decent MPs could be recalled.

    I would favour the following:
    1) recall permissible only after an MP has crossed the floor, voted against manifesto commitments, guilty of serious breach of parliamentary conduct, extended absence from parliament or committed a crime.
    2) recall could be triggered by a petition,
    3)the next step would not be a by election but rather a constituency recall vote. If the MP is recalled he would not be allowed to stand in the subsequent by election. Or
    4) as an alternative to(3), the by election would be run under the Alternative Vote system to prevent the recalled MP from acting as a spoiler candidate.

  3. Huh says:

    The naïve OBA put this minor obscure item in their 2012 platform. Our economy is sinking like the Titanic and Mr. Starling wants to rearrange the deck chairs. Please Mr. Starling get a grip of what is really important here. In my humble opinion what is needed in Bermuda today is a complete attitude change to our way of life and recognition that we are a microscopic group of beautiful Islands in the Atlantic Ocean populated by a small diverse group of often arrogant, self-centred people unwilling to face change and recognize that we must change how we all think, behave, act, speak, write in order to have chance of thriving in an ever increasing competitive global world. Please, please apply your energy to things like character sports & art education, diversification, the environment, real health care (not our current sickness care system), etc..

    • PBanks says:

      Not to speak for him, but he has spoken to more than a few of the issues you mentioned already.

  4. Terry says:

    And how and by whom will this “DRAFT” bill be introduced.

    Speak up Comrade Starlin/g/ist.

    • Evie says:

      Not by the OBA when they said that they didn’t know there was so many d@@KS in their in own party SMDH hahahahaha

  5. Creme Brûlée says:

    Get a real job mate.

  6. Rick Rock says:

    So if 200 people vote against someone they could recall the MP at any time.

    It would cause chaos.

    Totally ridiculous idea.

  7. John Thorne says:

    At only 20% of the voters in a constituency just about every MP would be recalled by voters for the opposite party under your draft which is ludicrous. The percentage should be 50% minimum I.e. The majority of voters in a constituency.

  8. Paul Revere says:

    Mr. Starling, I am guessing that the few nitwits who are against what you wrote didn’t read either the headline or the subtitles.

    Opinion – is a belief or judgment that falls short of absolute conviction, certainty, or positive knowledge; it is a conclusion that certain facts, ideas, etc., are probably true or likely to prove so

    Draft – a first or preliminary form of any writing, subject to revision, copying, etc.

    Maybe next time they will submit their own draft and opinion. LMAO