UK MP: Intervened For Cannabis, Not Marriage
[Updated with video] The UK Government “did intervene to prevent Bermuda from legalising cannabis, so they have no problem with intervening, but they did not intervene on the human rights issue of same-sex marriage, which was such a disappointment,” British MP Lloyd Russell-Moyle said.
Speaking during a recent session in British Parliament, Labour/Co-operative MP Lloyd Russell-Moyle said, “I thank the hon. Gentleman for giving way again; he is being very generous to me. Does he note with disappointment Bermuda’s repealing of same-sex marriage legislation, and this Government’s failure to intervene to prevent it despite their ability to do so? They did intervene to prevent Bermuda from legalising cannabis, so they have no problem with intervening, but they did not intervene on the human rights issue of same-sex marriage, which was such a disappointment.
Conservative MP Elliot Colburn replied,, “I agree that that is a great disappointment. It also harks back to the point made by the hon. Member for Wallasey about not taking rights for granted, and the fact that the fight for LGBT+ rights does not always move in a linear, A to B direction. There is always a struggle. We have to remember that and always be conscious of it, and the hon. Gentleman has given one such example.”
Respectively, MP Lloyd Russell-Moyle (a socialist) obviously did not read the Privy Council’s final ruling. Two days after hearing arguments, the Privy Council, the Bermuda’s highest court of appeal, ruled 4 to 1 that legislation banning same-sex marriage in Bermuda was not unconstitutional. 4 to 1 – not even close.
Lord Hodge, Lady Arden, Lord Reed, and Dame Victoria Sharp agreed on three grounds but Lord Sales dissented and would have dismissed the appeal, based on one of those points.
The story does not explain how the British Parliament could have overturned the ruling. MP Lloyd Russell-Moyle does not explain how the British Parliament could have overturned the ruling.
Check out MP Lloyd Russell-Moyle’s colorful history on his Wiki page. WOW! Stuff that I cannot copy and paste here.
Basically what the Priviy Council said was that the Bermuda constitution is archaic..
Just as any act passed in the Bermuda parliament the one banning same-sex marriage needs the consent of the Queen/King, which means it needs to be approved in the Foreign office. One of the tings the Foreign Office does is compare the law to the British counterpart and determine if there are any other reasons not to approve.
As with BVI’s Cannabis Licensing Act, (https://mjbizdaily.com/britain-withholding-approval-of-british-virgin-islands-cannabis-law-over-treaty-obligations-upcoming-talks/) the Bermuda Act was in contravention of the 1961 Single Convention on Narcotic Drugs. The British Government has every right to refuse to approve or withhold approval of this regulation.
In the same vein Bermuda’s Act barring same-sex marriage is direct in contravention of the British act allowing same as well as the British Human Rights regulations.
So yes, the “Crown” could have simply said NO.
“consent of the Queen/King, which means it needs to be approved in the Foreign office”
Really? Have you any backup for that statement that our Governor cannot act on his or her own?
Joe.. Our Governor is a representative of the Crown, their ability to make any such decisions comes from that position.. So yes, in some cases the Governor can/may make some decisions on their own, but, that decision is still that of the Foreign Office and ultimately the Crown. I can assure you that any controversial law will be vetted before a decision is made. The power comes from
Section 35 (2) of the Bermuda Constitution.
https://www.gov.uk/government/news/governor-of-bermuda-update-on-cannabis-licensing-bill
“The Secretary of State for Foreign, Commonwealth and Development Affairs concluded that the Bill, as currently drafted, is not consistent with obligations held by the UK and Bermuda under the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances.”
As far as the power to deny laws there are a few.. 1 being “Laws Validity Act 1865″
” in some cases the Governor can/may make some decisions on their own, but, that decision is still that of the Foreign Office and ultimately the Crown.”
You obviously know more about the strings operating our puppet Governor than I do so I will defer to you
Actually, OutBermuda was attempting to circumnavigate our laws, by having our courts change the law. Courts are here for Enforcing the law, if you want to change the law take it to your MP and they will bring it up I the house for it to take its natural course. No cutting corners guys.
“OutBermuda was attempting to circumnavigate our laws, by having our courts change the law”
Courts have no power to “change the law”. As you say, courts can only interpret and apply (or “enforce”) the law.
As you say, “if you want to change the law take it to your MP and they will bring it up in the house for it to take its natural course.”
But if you believe a law passed by Parliament to be contrary to the rights guaranteed by our Constitution or Human Rights Act, the appropriate course is to apply the court for a declaration one way or the other. That is what OutBermuda did.