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Bermuda Flag

Bermuda Government today

Legislature, Constitution, Executive, Judiciary, Voters

line drawing

By Keith Archibald Forbes (see About Us) exclusively for Bermuda Online

To refer to this web file, use "bermuda-online.org/bdagovt.htm" as your Subject.

Bermuda's House of Assembly

Bermuda House of Assembly or Sessions House

Bermuda Government building

Basics

The UK's Foreign and Commonwealth Office ( FCO) administers Bermuda internationally but in all other matters Bermuda is a self-governing British Overseas Territory (BOT), one of the 14  BOTS worldwide. (The others are - see http://en.wikipedia.org/wiki/British_overseas_territories). Also see http://ukoverseasterritories.readandcomment.com/. 

UK Statutory Instruments Applicable to Bermuda as a BOT. See http://www.bermudalaws.bm/site_docs/ukstat.aspx 

Bermuda size & population 20.75 (Twenty point seven five) square miles in total. 64,268 residents
Resident population density per square mile 3,097 (Three thousand, zero nine seven).  Third highest in the world
Government Code of Conduct for legislators None. There is a voluntary code, with no legislative teeth. It is ignored by some. No equivalent at all of the UK's Ethical Standards in Public Life Act.
Number in Cabinet 13. Same number as USA, equivalent in Bermuda to 0.63 (Point six three) per square mile. They have "The Honorable" before their name. 
Number of elected legislators in House of Assembly and their salaries 36. Equivalent to 1.93 (One point nine three) per square mile. They have "MP" for Member of Parliament after their name. If they are also Cabinet Ministers, they earn well in excess of $100,000 a year, plus unlimited expenses.  
Average number of registered voters (electors) per member of parliament In November 2010 the average was one thousand one hundred and ninety four (1,194). Contrast this with no fewer than 72,810 and no more than 80,433 per member of parliament in the UK in 2011 and approximately the same in the USA per congressperson and Canada.
Number of appointed politicians in Senate 11. Equivalent to 0.53 (Point five three) per square mile. They have "Senator" before their name. If they are also Cabinet Ministers, they earn this plus what is shown above under "Number of elected legislators." 
Number of Government Boards About 108. All require the approval of the Premier who controls all Public Information. See Bermuda Government Boards separate website shown at the end of this file.
Number of Police About 460, over 20 per square mile. Plus, there are Reserve officers.
Number in Bermuda Regiment 600 members, mostly Bermudian men, mostly part time. Some non-Bermudian men and women from British Commonwealth countries and female Bermudians are serving but on a volunteer basis as conscription regulations do not require enrolment by Bermudian females and non-Bermudian males. Only male Bermudians under a certain age resident in Bermuda are liable to be conscripted, on a selective basis. 
Registered voters who can participate in a General Election Total number of registered voters in November 2010 was 42,987, about 59% of the entire resident population. 
The Bermuda Society  

General Election 18 December 2007

Between The Progressive Labour Party (PLP) - in Government since 1998 - and United Bermuda Party (UBP) - in Opposition. The PLP remained as the Government by winning 22 seats to the UBP's 14. The UBP lost several key seats.

In accordance with the Bermuda Constitution (Amendment) Order 2003 and its Second Schedule, electoral districts changed in March 2003 from 20 dual-seat (2 members of Parliament) constituencies with significant variations in size of each - in 9 Parishes of almost the same size of each Parish - to 36 single-member constituencies. It meant a reduction of 4 Members of Parliament. 

Bermuda Constitution

A written document 96 pages long, it went into effect on June 8, 1968. The Bermuda Constitution is not like other constitutions which cover all nationals and non-nationals. The Bermuda one covers Bermudians and their spouses only, not the 25 percent who are not and probably will never be unless they marry a Bermudian, or are born to parents one of whom must be a Bermudian.

In June 009, without the knowledge of Bermuda's Governor, or Foreign and Commonwealth Office in London, but arranged between Bermuda's Premier, The United States Consul General in Bermuda and the United States government - and in violation of Bermuda's Constitution -  four Uighur men were released from US custody at Guantanamo Bay and were flown secretly to Bermuda. Tensions between Bermuda and Whitehall reached fever pitch with Governor Richard Gozney calling the move 'invalid' and 'unacceptable.' As a British Overseas Territory, Bermuda is obliged to consult Britain on matters of foreign affairs and security. The Bermuda Government  - and the United States Consul General in Bermuda and its Government - failed to do this. Taking in the Uighur detainees thrust the tension between the two countries into the international media spotlight. The Uighurs are banned from ever going back to the USA for having accepted training from al Qaeda and taken part in terrorism.

The Bermuda Government has three main branches - Executive, Legislative and Judicial - in the British "Westminster" system. They are described below.

Bermuda Parliamentary Constituencies as amended in 2010

Each constituency is about 0.58 of a square mile on average, with between 1,031 and 1,143 voters; and has one paid legislator.

Bermuda Parliamentary Constituencies before 2010

Bermuda Government Boards

The over 108 boards of political appointments acceptable to the Premier include, at the top, a reference to the relevant Act of Parliament and all members of that Board. They advise their respective Ministers - who may use his or her discretion instead of accepting their recommendations.

Bermuda Laws 

Summarized in this Bermuda Government website.

Bermuda's biggest employer by far

The Bermuda Government employs more than 14% of Bermuda's entire adult working population and is also easily Bermuda's biggest real estate property owner. Many buildings house the legislators and civil service. The Government controls things which in many other countries are privatized. Typical examples are in airports, tourism, transport. All first world countries have privatized them wholly or partly, but not in Bermuda. Government has 38 quangos and public funds.

Bermuda Government revenue from taxes

Bermudians, other residents and visitors spend more per square mile in taxes than anywhere else in the world, both per capita and in total. The table below is in order of revenue by source. One direct consequence of the Budget is that its taxes impact so hugely on Bermuda that the overall cost of living in Bermuda is at least 380% more expensive than in the USA and 280% more expensive than in the UK and Canada.

Customs Duty Tax  payable by individuals, wholesalers and consumers Payroll Tax, payable in equal proportions by employers and employees Other Taxes combined International Companies Tax Land Tax payable by home owners and indirectly by renters
Stamp Duty Taxes payable by consumers on real estate, mortgage and death duties Motor Vehicle Licenses, payable by owners Passenger Taxes, payable by airline and cruise ship residents and visitors Hotel Occupancy Tax, payable by all airline visitors at all categories of guest premises Telecommunications Tax, (local and international  telephone companies, ISPs, cellphone (mobile) users, etc.

Bermuda and/or Municipal Government and social rank definitions and explanations, UK-style

Short form meaning
** Dame Dame of the Order of the British Empire, female equivalent of Knight (Sir). In the UK, there are various ranks of Dames
**Hon Honorable, solely for current and former Cabinet Ministers
** Sir Knight of the British Empire. In the UK, there are various ranks of Knights
JP Justice of the Peace, not a magisterial post. In Bermuda, they do not dispense summary justice but they can deal with local administrative applications. They can be called by the Bermuda Police to execute warrants. JPs are appointed solely by the Bermuda Government; are not required to have a formal legal education in order to qualify for the office (the vast majority of them do not); and are usually Cabinet officials
MP Member of Parliament (elected)
* OBE Officer (higher than Member) of the British Empire
* MBE  Member of the British Empire, after nomination by Premier
Senator Member of the Bermuda Senate, appointed by Party Leader
Wor. Worshipful, title of Mayors of  City of Hamilton and Town of St. George's

** On recommendation of the Bermuda Government (Premier's Office) to the UK. For government service. Unlike in the UK, in Bermuda there have never been any Bermuda Government-nominated recommendations for a Dame or Knight who is not in government but is instead in international or local private-sector business.

* Also on recommendation of the Bermuda Government ( Premier's Office) to the UK. For government or other service.

Unlike in the USA, UK, Canada, etc. there is no government way to contact MPs via email, nor are their email addresses, if they have them, published routinely.

Executive branch

Global HouseBermuda is externally a self-governing overseas territory of the United Kingdom. It makes all its own laws. UK and European Community laws do not apply in Bermuda. 

Newcomers from other countries can come here to work despite the island's small size and exceptionally high population per square mile but, unlike in Britain, are not allowed to gain citizenship or vote or acquire lower-priced real estate unless they they qualify for citizenship in ways no other Western country require. 

In the UK, USA, Canada and elsewhere, citizenship comes after 3 (if married to a national) or 5 years, tops. But not in Bermuda, not even if you stay longer than 5 years. 

In Bermuda, only with marriage to a Bermudian and living with a spouse for over 10 years can someone not Bermudian apply for citizenship. Even children born in Bermuda are not Bermudian under Bermuda law unless one parent is.  

More information about the role of Britain in Bermuda. Her Majesty the Queen is Bermuda's official Head of State. In London, the Foreign & Commonwealth Office, London, England, is responsible for Bermuda, other territories and agencies including UK visas, British Council and BBC World Service. The Governor and Commander-in-Chief of Bermuda is appointed by The Queen (on the advice of the British Government in London) after consultation with the Premier of Bermuda. 

Governor Sir Richard GozneyThe Governor of Bermuda from December 2007 is career diplomat Sir Richard Gozney. His 2011 salary is $231,800 paid by the Bermuda Government. His perks include the use of a BMW 750Li, the same make of car used by Premier of Bermuda. He was a former British High Commissioner in Nigeria and Her Majesty's Non-Resident Ambassador to the Republic of Benin and the Republic of Equatorial Guinea. Sir Richard has worked in Argentina, Indonesia and Swaziland and at the Foreign Commonwealth Office as Head of Section for NATO nuclear arms control, Principal Private Secretary to the Foreign Secretary and Head of Security Policy Department. He was awarded the Knight Commander of the Order of St Michael and St George in 2006. He graduated from St Edmund Hall at the University of Oxford in 1973 with a Bachelors in Geology. His wife is Lady Diana Gozney. They live at Government House, 11 Langton Hill, Pembroke HM 13 phone 441 292-1271, Governor's Office Fax 441 292 2256. 

His Excellency the Governor has his own Flag of Office. It is a Union Jack but in its center it has the Bermuda arms on a white disc encircled by a green garland. Uniforms for the Governor are made in London by Davies & Sons. They include a full dress blue and tropical cotton drill. It is based on old British military Field Marshals, with a white pith helmet with dyed scarlet swan's feathers plumage and Mameluke sword by Wilkinson Sword. The price of about $10,000 is met by the British Government. The official car used by the Governor  features a crown instead of a license plate, with extra large width, length and horsepower by Bermuda standards and the Governor's Flag.

The main challenge for a Bermuda Governor is to balance two sometimes contradictory functions. First, he is the primary source of information from Bermuda to the Foreign and Commonwealth Office on the state of affairs in Bermuda. Second, he is the voice of the United Kingdom and the Foreign and Commonwealth Office for advising Bermudians what they can and cannot do under British/United Kingdom laws. The salaries of the Governor, Deputy Governor and their staff are paid by Bermuda's taxpayers, NOT the British Government. Bermuda, despite its tiny size, is wealthy enough not to need the support from the United Kingdom some other overseas territories get.  

The Deputy Governor is David Arkley. A career diplomat, he last served at the British Embassy in Luanda, Angola, earlier in Moscow, San Paulo and Washington. His office is the Deputy Governor's Office. The duties of the Deputy Governor include being an ex-officio notary public who can perform or notarize anything on behalf of the Bermuda Government but may not receive a fee for this service. The office and contact details of the Deputy Governor are Government House, 11 Langton Hill, Pembroke, Hamilton. Phone 441 292-3600. Fax 441 295-3823.  

In July 2003, Bermuda formally joined the Caribbean Community, as an Associate Member (non-voting member), in certain areas but not in others. This specifically excludes the free movement of Caribbean nationals to Bermuda and any prospect of Bermuda joining CARIFTA or its newest free trade organization - the Free Trade Area of the Americas (FTAA) - and its hopes. Membership of the Caribbean Community will cost Bermuda about US$90,000 a year. Direct trade between Bermuda and Caribbean countries is also welcomed and encouraged, especially given the close or extended family links many Bermudians have with Caribbean islands or territories. Because of this, there is a Monday-Friday 10 am and 5:45 pm 5-minute Caribbean news feature on local radio (VSB) produced by the BBC of England and a lively Caribbean-produced feature on certain evenings. But the irony is that there are no scheduled air or sea services at all between Bermuda and the Caribbean, as there were in the 1930s, 1940s, 1950s and 1960s. Many visitors to Bermuda from the USA and Canada assume - wrongly - that there are air services connecting Bermuda with the Caribbean nearly 1,000 miles to the south. Presently, virtually all imports to Bermuda made in the Caribbean come via the USA or Canada. All visitors to Bermuda who are nationals of and resident in Caribbean islands must come via the USA or Canada or United Kingdom and must have appropriate visas to come via those countries. (Effective January 2003, all Jamaican nationals who are not Bermudian must also have a visa to enter Bermuda on business or vacation).

Cabinet

All Cabinet Ministers are Bermudian by birth or through their parents. They are appointed by and answer to the Premier. She can extend or reduce their Cabinet responsibilities, at her discretion. They must be either elected Members of Parliament or members of the Senate. They are referred to as Ministers in the British way because they control and administer and set the policy for their portfolios. They are paid a regular and pensionable salary - far more generous than in the private sector - as Members of Parliament or Senators with an additional sum if they are also a Cabinet Minister.

The benefits enjoyed by Cabinet Ministers on top of their six-figure salaries include use of a car, health insurance, a pension, a parking space at Sessions House and a credit card. All Cabinet Ministers and members of the Legislature are entitled to participate in the Government employment health insurance scheme, as well as the Ministers and Members of the Legislature pensions fund. Ministers are afforded cars. Ministers are issued credit cards that are governed according to Government’s Financial Instructions. They are subject to the standard audit process of the Government. 

Premier, Government Leader and continuing Minister of Finance

From October 29, 2010. She replaced Dr. the Hon Ewart Brown, JP, MP, who retired as Premier (but is still mentioned, wrongly, as Premier on many  overseas websites not updated as continuously as this one). The Premier of Bermuda is the political leader and head of government. The post of Premier in Bermuda is the equivalent to Chief Minister  in other British Overseas Territories or Prime Minister in politically independent British Commonwealth of Nations. It is the highest political level that can be attained within the British colonial system. The Premier and Cabinet (consisting of all the most senior ministers) are collectively accountable for their policies and actions to Her Majesty Queen Elizabeth II, to the Legislative Assembly, to their political party and ultimately to the electorate.

Hon Paula Cox, JP, MP, Premier

Hon Paula A. Cox, JP, MP. Devonshire South Central Constituency # 14. PLP photo

Phone (441) 295-4623. Email premier@gov.bm. Elected as Progressive Labour Party Leader at the PLP Annual Delegates Conference on October 28, 2010. Subsequently sworn in as Premier of Bermuda and Minister of Finance. Prior to that she was Deputy Premier and Minister of Finance. Recipient of 2011 Regional Woman of The Year Award presented during the Women's Empowerment Summit 2011. Married to Cameroon businessman Mr. Germain Nkeuleu. Highest paid Cabinet member, on an annual salary of $224,092 in 2011/2012. She has use of a Bermuda Government car, GP1, a BMW 750Li. She also gets health insurance, a pension, a parking space at Sessions House and a credit card.

Portfolio as Premier is (in alphabetical order):

Bermuda Budget 2011-2012

Presented on February 18, 2011 by Premier and Minister of Finance the Hon. Paula Cox, JP, MP. See newspaper report at http://www.royalgazette.com/article/20110218/NEWS/702189914 with a summary of it's implications to the entire Bermuda economy. 

Premier and husband at marriage of HRH Prince William and Catherine

Invited guests at  the April 29, 2011 marriage at Westminster Abbey, London, of their Royal Highnesses the Duke (Prince William) and Duchess of Cambridge included, (right), the Premier of Bermuda and her husband Germain Nkeuleu, seen in this official Foreign and Commonwealth Office (FCO) photograph with the UK's Foreign Secretary William Hague and (left), Premier of the Cayman Islands McKeeva Bush and his wife Kerry, at a reception at Lancaster House, London. 

Deputy Premier & Minister of Transport

Hon Derrick Burgess, JP, MP

Hon Derrick V. Burgess, JP, MP. Hamilton East Constituency # 5. PLP photo.

Phone (441) 293-2776.  Email dburgess@plp.bm. One of the highest paid Cabinet members, on an annual salary of $184,414 in 2011. He has use of a Bermuda Government car, GP2, a Toyota Camry. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. Ministry now includes Municipalities. Earlier had a long career in Bermuda’s hotel industry before he became full-time President of the Bermuda Industrial Union (BIU).

Minister of Education

Dame Jennifer Smith

Dame the Hon. Jennifer Smith, JP, DHumL, MP.  St. George's North Constituency # 1. PLP photo.

Phone 292-2264. Email jsmith@plp.bm. Appointed November 1, 2011. Earns $168,069 and has use of a Bermuda Government car. She also gets health insurance, a pension, a parking space at Sessions House and a credit card. Led the PLP to two general election victories on November 9, 1998 and July 24, 2003. In the June 2005 Queen’s Birthday Honours made a Dame Commander of the British Empire (DBE). The first Bermuda Progressive Labour Party Premier. The first elected female Premier of Bermuda. The first Progressive Labour Party Minister of Education. The first female Deputy Speaker of the House of Assembly. The first Bermudian Vice Chairman of the Commonwealth Parliamentary Association (CPA).

Minister of  Business Development and Tourism

Wayne Furbert

Hon. Wayne Furbert, MP, JP, Hamilton West, Constituency #6. 

Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Attorney General and Minister of Justice

Kim Wilson

Hon. Senator Kim N. Wilson. PLP photo

Earns $193,786. She has use of a Bermuda Government car and gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Minister of Youth Affairs and Families

Glenn Blakeney

Hon. Glenn A. Blakeney, JP, MP. Devonshire North, Constituency # 13. PLP photo.

Phone (441) 505-7057. Email gblakeney@plp.bm.  Appointed November 1, 2010. Ministry includes Sports. Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card.

Minister of Government Estates & Information Services

Michael J. Scott

Hon. Michael J. Scott, JP, MP. Sandys North Constituency # 36. PLP photo.

Phone 234-6940. Email mscott@plp.bm. Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Minister of the Environment, Planning and Infrastructure Strategy

Marc Bean

Marc Bean, MP, JP. MP, Warwick South Central. Constituency #26. 

Phone 538-3598. Email mbean@plp.bm.Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Minister of Health

Zane DeSilva

Hon. Zane DeSilva, JP. MP. Southampton East Central Constituency # 30. PLP photo

Phone (441) 236-3011. Email zdesilva@plp.bm. Elected an MP in December 2007. Was quickly appointed to Cabinet. Once a dishwasher at a pub in Hamilton, now owner, President and Chief Executive Officer of Island Construction, one of Bermuda's major diversified local companies, one quickly given major Government contracts. Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Minister of Economy, Trade and Industry and Community Development

Patrice Minors

Hon. Patrice K. Minors, JP, MP. Smith's North Constituency # 10. PLP photo. Phone 293-2181

Earns $168,069 and has use of a Bermuda Government car. She also gets health insurance, a pension, a parking space at Sessions House and a credit card. One of the first Progressive Labour Party (PLP) Government Senators. 

Minister of National Security

Wayne Perinchief

Hon. Wayne Perinchief, CPM, JP, MP.  Pembroke Central Constituency # 17. PLP photo.

Phone (441) 735-5795. wperinchief@plp.bm. On April 4, 2011 he replaced Colonel David Burch in this post. Ministry includes Bermuda Housing Corporation. Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. He is the Minister of Community and Cultural affairs with responsibility for Human Affairs, Consumer Rights, Race Relations and the Office of Seniors and Disabilities. A former career Police Officer, he retired as head of the Criminal Investigations Department in 1995, after attaining the rank of Assistant Commissioner. 

Minister of Public Works

Michael Weeks

Hon. Michael A. Weeks, JP, MP. Pembroke East Central Constituency # 16. PLP photo

Earns $168,069 and has use of a Bermuda Government car. He also gets health insurance, a pension, a parking space at Sessions House and a credit card. 

Other Members of Parliament (House of Assembly)

They include the Members of Cabinet mentioned above. There are a total of 36 Members of Parliament.  Excluding the Members of Cabinet already mentioned above they are: 

From the Progressive Labour Party (PLP)

From the One Bermuda Alliance (OBA)

From the United Bermuda Party

 

House of Assembly - about 1985

House of Assembly about 1985

Members of Parliament get $56,023. In contrast, in the UK, Members of Parliament have a basic salary of £65,738 sterling as at 1 April 2011.

Elected local legislators  are required by law to be both Bermudian and British men and women  who are Government or Opposition backbenchers. Their salaries are more than in many places far bigger than Bermuda. They are popularly elected to terms of up to five years by the registered voters of Bermuda - mostly Bermudian. (Some non-Bermudians who were Commonwealth citizens in 1979 were given the vote but are not Bermudian. Since 1979 there have not been any further voting concessions to non-Bermudians, nor have any non-Bermudians been allowed to become Bermudians unless they have qualified to do so by (a) marriage, (b) a wait of 10 years after marriage and (c) have remained both married and living/cohabiting with the same spouse at the time of their marriage at least 10 years earlier).

A Constituency Boundaries Commission, appointed in late 2001, recommended reduction of members from 40 to 36. It was approved and was in place for the July 2003 General Election. In the House, the Premier, as an elected member, represents all elected members of the Progressive Labor Party. The Opposition is the United Bermuda Party, with 14 elected members. Bermuda's third political party was formed after the last General Election

The House celebrated its 385th anniversary in 2005. It first convened on August 1, 1620, in the town of St. George, Bermuda's first capital. Only the legislative assemblies of the United Kingdom and Iceland pre date it.

The dress code for all Bermuda legislators was relaxed in July 2000. Now men may wear Bermuda Shorts or safari or Nehru suits and women trouser suits.

There is an Annual (except in 2007 due to an election) Speaker's Dinner, every November, hosted by the Speaker of the House of Assembly. 

Bermuda has more politicians per voter than anywhere else in the world, by a very wide margin. Here, we have 36 Members of Parliament  in 21 square miles for a total of 43,000 voters, or 1 legislator for every 1,194 voters. In comparison, in the European Union, there are 736 Members of the European Parliament (MEPs) for 350 million voters throughout the EU, equivalent to 1 MEP for every 470,000 voters. In the United Kingdom there are 647 MPs for 40 million voters, equivalent to 1 MP for every 64,000 voters. Other examples include St. Lucia, with 14 parliamentarians in its 240 square miles; Barbados, also in the Caribbean, with 28 elected members in its parliament and 12 senators, in its 166 square miles and with a population of 266,000.

The Bermuda Government has 9 appointed Parish Councils, 2 elected municipal Corporations each with their full slate of aldermen and councilors like much larger cities and towns abroad and 108 Government Boards in which there are 800 part time members (none of them full time civil servants, all reporting to a Member of Parliament).

Bermuda has the highest costs anywhere per square mile of airlines' fees and related taxes; alcohol taxes; arrival taxes for cruise ship visitors; customs (import) duties; departure taxes; huge annual automobile annual registration; licensing and related taxes averaging US$ 550 per vehicle; gasoline taxes which have not been reduced in the recent oil crisis and which have pushed local retail prices to over US $6 a gallon; returning residents import duties of 23% on all goods worth more than $100 per person (the allowance for returning residence used to be $400 per person); and hundreds of other indirect (consumption based) taxes alone. Plus, because the Bermuda Government levies a very significant import duty on fuel oil and natural gas, the highest anywhere per square mile, electricity and natural gas costs in Bermuda for businesses, homes, and all guest properties including hotels are vastly more expensive than they are in the USA, Canada, United Kingdom and Europe.

11 appointed members in the Upper House - Senate

Cabinet BuildingLike all Members of Parliament, all Senators are required by law to be Bermudian. Bermuda has a bicameral legislative body, an appointed Upper House (Senate) and an elected Lower House.  The Upper House, named the Senate since 1980, is appointed by the Governor. He also appoints three independent Senators. Officially, they represent neither the Progressive Labour Party (PLP) in government nor the United Bermuda Party (UBP) or any other political party in opposition.

Present Senators are, with their email addresses when known:

Hon. Kim N. Wilson, knwilson@gov.bm, PLP Senate Leader; E. David Burt, JP, dgburt@gov.bm; Jonathan Smith, jsmith@gov.bm; Cromwell M.A. Shakir JP, cmas@northrock.bm; Laverne Furbert JP, lavernef@northrock.bm; Jeanne J. Atherden, CA, JP, atherdjj@logic.bm; Hon. Michael Dunkley, JP, mdunkley@ibl.bm, Opposition Senate Leader; Susan Roberts Holshouser, JP, sholshouser@logic.bm; Joan E. Dillas-Wright, MBE, jdwright@ibl.bm ; Michael Fahy; Tony Daniels.

Cabinet Office, home of the Senate. Photograph by the author

 All 11 Senators are paid, but less than Members of Parliament.  Despite its name as the Senate, and its description as the Upper House,  it is a junior legislative forum.

Government fleet of cars

On February 22, 2010 it was reported Government has 101 GP cars in its fleet which has cost taxpayers $374,649 in repairs and maintenance and $83,838 in gas since July 2008. Minister of Works and Engineering Derrick Burgess confirmed this, with the fleet managed by the Ministry of Works and Engineering. He noted the Ministry of Works and Engineering assigns GP cars to the various ministries on as 'as needed' basis but the vehicles remain within the remit of the Ministry of Works and Engineering. Since July 2008, the Ministry has bought nine new GP cars with the total cost of $493,515. One car was a BMW which cost $188,000 and there were three Toyota Camry's which cost $69,500 each and five Kia's at $19,403 each.

Judicial branch

Judiciary Its members are appointed, not elected, and paid for by the Bermuda Government. Courts are the Supreme Court and Magistrates Courts. These are headed by the Chief Justice, appointed by the Governor. The Judiciary administers the Bermuda legal system which passes its own laws. For some matters, they are based on English law but are modified - sometimes hugely - by Bermuda laws endorsed and approved by the Legislative branch. See the Bermuda Government's Bermuda Laws.

Jurors Act Amendment 2010

In February 2010 Members of Parliament passed amendments widening the jury pool. Junior Minister of Justice Michael Scott said increasing the number of people eligible to serve on the jury would strengthen the judicial process. The amendments to the Jurors Act see the age of eligibility rise from 65 to 70. Justices of the Peace will also be eligible for jury. Bermuda currently has 523 JPs. Vets and dentists are no longer be exempt from jury service, nor are spouses of MPs, barristers and prison officers. Religious ministers and attorneys who do not actively engage in criminal law are now be eligible to be jurors. Former Police, reserve Police and prison officers are also eligible five years after they have completed their service. Minister Scott said it was necessary to widen the pool: "Recent challenges have arisen in the Supreme Court with respect to jury selection as a result of the disqualification and exemption of large numbers of persons from jury service. In particular, there appears to be a reduction in the number of persons who actually qualify for jury service. In these circumstances, trials have been delayed until sufficient persons are identified for jury selection, thereby compromising the effective administration of justice."

Justices of the Peace (JPs)

Including Cabinet Ministers who are automatically JPs, Bermuda has, in its 21 square miles, 523 JPs. 

Human Rights

See Bermuda Human Rights Act 1981.

Bermuda laws apply, not UK laws, even though Bermuda is a British Overseas Territory. Unlike in the UK, Canada, USA, etc. the local Human Rights Act and Amendment Act relate only to Bermudians, not non-Bermudian retirees or guest workers. For example, where the Constitution says no discrimination by way of race or country of origin, etc, in practice non-Bermudians are regulated heavily in Work Permits regulations, exclusions, number of jobs they can have; property they may and may not buy; becoming Bermudian only by marriage and living together with a spouse  - and eligible only after 10 years of such marriage. 

Public Access to Information (PATI) Act  2010

On August 1, 2011 Premier Paula Cox promised that Bermuda’s long-awaited public access to information (PATI) law would become operational “in the second half of 2012.” The legislation was passed in Parliament on July 23, 2010, when thenPremier Ewart Brown told the public to expect implementation within two to three years. He said an Information Commissioner would be appointed before the end of 2010 though the role has not yet been filled.

Ms Cox said: “The timing, as stated in the debate in the House at that time, was to allow for the necessary preparation and a proper rollout. This Act represents a seismic shift in the way that public authorities disseminate information. In order for this legislation to achieve its goal, much preparation is required to ensure that public authorities meet the requirements and stringent deadlines set out in this Act.”

The Premier noted an implementation taskforce, led by permanent secretary Wayne Carey, was formed as soon as the Public Access to Information Act 2010 was approved. “In August 2010, Mr Carey visited Cayman Islands to learn from the challenges that they experienced when implementing their legislation.” One of the lessons learned from their experiences highlighted for us early on that this would be a lengthy implementation process. The taskforce also undertook a comprehensive review of the record management systems already in place in Government to determine what was required to be in place before the enactment date. This core team produced a draft implementation plan in September 2010. All public authorities, other than those exempted, including government departments, quangos, statutory boards and committees and the Corporations of Hamilton and St George, are subject to the PATI Act.”

Finance Minister Ms Cox said each authority had to prepare for the Act to become operational by:

Other tasks to be completed before the enactment date are:

Ms Cox said public sessions to education citizens on how to make freedom of information requests would begin early next year. “While PATI is not as yet operational, this Government considers PATI as another key element that evidences this administration’s continuing commitment to transparency,” she said. The Premier said the legislation was part of a wider mission to improve accountability, adding that public meetings were held this year on the Budget, as well as on good governance and public treasury legislation and initiatives on the Mincy Report on young black males.

“There are more meetings to come. Very shortly, you will be hearing about the open budget process.”

Ms Cox said the public would soon be able to view new procurement regulations on the Government website, as well as the rules of engagement for tendering.

The Premier concluded: “Once PATI is fully operational, it will be reflective of the continuing transparency and accountability that I consider characteristic of this administration.”

Opposition leader John Barritt said as far as he was aware there had been “nothing but silence” from Government on PATI since it was passed.

He said the Island would do well to follow in Cayman’s footsteps and implement the law as soon as possible.

“Between promise, passage [through parliament] and action, was about a year in the Cayman Islands,” he said. “They moved smoothly and quickly on that. They did the same with their anti-corruption law.”

He said if Bermuda wanted to enhance its reputation and strength of governance it needed to act swiftly too.

Former Premier Alex Scott, who first promised PATI in 2003, said he didn’t know “how far along the machinery has moved” on implementing the Act, but added: “I would think that the Premier would be putting all of the energy necessary and possible into implementing it. Until I hear otherwise, I’m making the assumption that it’s going ahead expeditiously.”

The Act represents a monumental change in how information held by the Bermuda public authorities can be accessed and obtained. The purposes of the Act are to place more information in the public domain, to increase the transparency and accountability of public authorities, to keep the public informed of activities of public authorities, and to give a right of access to information held by public authorities. However, extensive carve outs and procedural requirements may make it difficult for the Act to effect its bold promise. The benefits of having this type of legislation in Bermuda outweigh the arguments against having it. The Act allows both Bermudian citizens and residents alike to ask prudent questions of their Government with the expectation that forthright and equally prudent answers will be given. In this vein I would encourage everyone to read the Act, to become familiar with it and to form an opinion of it. Although it is law the Act will not come into operation until a future date appointed by the Minister. The appointed date is not yet known, although recent press reports indicate that it might be up to three years before the law is in force. Under the Act a Bermudian or a resident of Bermuda, upon paying a fee, may request and be given access to any record held by a public authority. No reason is required for a request and the public authority should assist with any request completely, accurately and in a timely manner. In addition the identity of the person making the request should be kept confidential unless the requester agrees otherwise. A request must be in writing and addressed to the public authority most likely to be holding the relevant record. Accordingly, the request should clearly identify the record so as to enable the public authority to find it. Upon receiving a request, the public authority should decide within 28 days whether to grant or refuse the request in whole or in part and if granted, specify the manner in which the right of access to the record concerned is to be given. A public authority may decide to refuse a request if:

■ the record does not exist or cannot be found after reasonable steps have been taken to find it;

■ the request does not enable the public authority to identify the record;

■ the request would, due to the size and nature of the records involved, require an examination of such number of records as to cause substantial disruption to the other work of that authority;

■ law requires publication of the record within three months of the request;

■ the request is frivolous or vexatious (as determined by the head of the public authority);

■ the information is already in the public domain or is reasonably available to the public; or

■ the fee has not been paid.

Every record held by a public authority is to be available unless it is an "exempt record". Exempt records are those:

(a) which would adversely affect the health and safety of an individual;

(b) with personal information relating to someone other than the requester where that person has not given consent for the information to be disclosed;

(c) containing sensitive commercial information unrelated to the requester where the original information provider has not consented to disclosure;

(d) received in confidence;

(e) containing Cabinet documents;

(f) that undermine Ministerial responsibility;

(g) that undermine deliberations of public authorities;

(h) that undermine or affect operations of public authorities;

(i) reasonably expected to have a serious adverse effect on the financial interest of Bermuda or of Government to manage the national economy;

(j) prejudicing or undermining national security, defence and international relations;

(k) containing information relating to the Governor's responsibilities and communications with the United Kingdom;

(l) reasonably expected to prejudice law enforcement;

(m) subject to legal professional privilege; or

(n) prohibited from being disclosed by any other legislation

Although these are wide ranging carve outs there are two ways by which an exempt record can be accessed. First, with the exception of (b) and (n) above, a record will not be exempt after 30 years from the date of its creation. Second, the Act provides that certain records are subject to a "public interest test" which determines if on balance the public would be better served by the disclosure rather than the non-disclosure of that record.

If a request for access to a record is refused there is a right of appeal, in writing, to the Information Commissioner. The Commissioner may attempt to have the matter resolved through mediation or, alternatively, may make a decision to affirm or vary the decision of the public authority or make such an order as he deems appropriate.

The decision of the Commissioner is binding on all persons affected by it. Any person aggrieved by the Commissioner's decision may apply to the Supreme Court for a final review of that decision.

Despite the wide ranging and extensive carve outs and exemptions within the Act, it is hoped that officials and the Information Commissioner will embrace the bold aspirations of the Act and carefully consider in each case if the public would be better served by disclosure rather than the non-disclosure of the information requested in each instance.

Policing

Government House has direct responsibility for the operational side of Policing with the Police Commissioner reporting directly to the Governor, while costs,  budgeting and manpower are Government’s responsibility. There have been a number of disputes, with some members of parliament stating that as the Bermuda Government foots the entire bill, it - not the Governor, representing the UK but not Bermuda directly - should have final jurisdiction.

Political Parties

As of May, 2011 there are three, namely

New leader of the One Bermuda Alliance Craig Cannonier -  his shadow cabinet 

Useful Bermuda and Government links

Address Finder. How to find your real estate property on a Bermuda Government Geographical Information Technical Committee and Works and Engineering, Land and Survey Division mapping website.
Airport Operations. 
Attorney General
Auditor General
Bermuda Annual Exhibition, or e-mail agshow@ibl.bm. Held every April
Bermuda Aquarium & Museum
Bermuda Buses. Public Transportation Board. A Bermuda Government quango.  See Bermuda Government Boards.
Bermuda College
Bermuda Customs. Import duties
Bermuda elections. E-mail parreg@gov.bm. Bermudians can register electronically to vote.
Bermuda Ferry Service
Bermuda Fire Service. Phone 292-5555
Bermuda Government Geographical Information Technical Committee and Works and Engineering, Land and Survey Division mapping website.
Bermuda Government Portal
Bermuda Hospitals. Operated by the Bermuda Government owned and appointed by the Bermuda Hospital Board, a Bermuda Government quango.  See Bermuda Government Boards.
Bermuda Housing Corporation (BHC). Bermuda Housing Act 1980. A Bermuda Government quango.  See Bermuda Government Boards. Hotline since late 2002 is 295-HOME (295-4663). As at February 28, 2003 it manages a large portfolio of  rental, owned and private sector properties. It holds 310 mortgages valued at $19 million. It owns more than 100 properties with an estimated value of $65 million. Its Rentals Department has a clientele of about 600 households, of which 500 are housed in BHC properties. The remaining 100 households are housed in units rented from private sector landlords. Clients must be Bermudian.
Bermuda International Airport

Bermuda Judiciary
Bermuda Land Development Corporation. Formed by the Bermuda Government  to own and lease for the Bermuda Government the land or buildings used by US Military Forces in Bermuda until 1995.  See Bermuda Government Boards.
Bermuda Laws
Bermuda Monetary Authority. A Bermuda Government quango and regulatory agency. See Bermuda Government Boards. E-mail info@bma.bm. 
Bermuda National Library or e-mail bdanatlib@gov.bm 
BermudaNic.
Bermuda Police Service. Phone 295-0011.
Bermuda Prisons Service. Phone 295-4975.
Bermuda Small Business Development Corporation. A Bermuda Government quango.  See Bermuda Government Boards.
Bermuda Tourism
Bermuda Weather
Central Policy Unit
Civil Aviation
Commission on Racial Equality (CURE). See Bermuda Government Boards. Melbourne House, Suite 202. 11 Parliament Street, Hamilton HM KX. Telephone (441) 296-0613 or fax (441) 296-9142 or e-mail cure@ibl.bm. In other countries, these racial guidelines and regulations apply only in the public sector. But the Bermuda Government has made them apply in the private sector as well.
Community Education & Development Programme
Department of Communications & Information. Global House, 43 Church Street, Hamilton HM 12. Phone 292-5998. Fax 295-5267. Formerly Government Information Services.
Department of Community & Cultural Affairs
Department of Conservation Services. Ministry of the Environment. P. O. Box CR 52, Hamilton HM CX. Phone 293-1785. Fax 293-2716.  
Department of Consumer Affairs. Ingham and Wilkinson Building, 129 Front Street, Hamilton HM 12. Phone (441) 297-7627. Fax (441) 295-6892. Email consumers@gov.bm. Complaints ca_complaints@gov.bm. Consumer, landlord and tenant, cable TV, shopping and utilities complaints, mostly. The Consumer Protection Act 1999 is divided into six parts: Preliminary; Administration; Unfair Business Practices; Consumer Safety; Enforcement; Miscellaneous. Typically, consumers call the Department of Consumer Affairs with complaints about: Defective or poor quality products; Problems with warranties; Issues concerning  sales and return policies; Automotive sales and repair; Home improvement contract disputes; Landlord/tenant issues; Financial contracts and Deceptive advertising. Businesses also contact the Department when they require advice and guidance about customer complaints as it relates to  the Consumer Protection Act 1999.
Department of Cultural Affairs.
Department of Environmental Protection. Ministry of the Environment. P. O. Box HM 834, Crawl CR BX. Office of the Director, phone 236-4201, fax 236-7582. E-mail agfish@ibl.bm. For Environmental Protection offices see under Environment.
Department of Education

Department of Immigration. 

Bermuda Department of Immigration

Royal Gazette newspaper photo
Department of Marine & Ports Services
Department of Parks. Ministry of the Environment.
Department of Personnel Services. Phone 297-7643.
Department of Planning. See Ministry of the Environment.
Department of Social Insurance. 30 Parliament Street, Hamilton HM 12. Phone 295-5181 extension 1117. E-mail socialinsurance@gov.bm. To access your Social Insurance contributions online for the period August 6, 2000 to August 4, 2002, click on Contributions, then Contribution Records, then enter Social Insurance Number and Date of Birth.

Department of Telecommunications. 
Director of Public Prosecutions. E-mail dpp@gov.bm. Global House, 43 Church Street, Hamilton. Phone 296-1277.
Freedom of Information. See "Public Access" below.
Computer Systems & Services Department, Government of Bermuda
General Post Office
Government Training, Employment Services and Labour Office. Phone 297-7716.
Government Marketing Centre - for local fruits and vegetables, at e-mail govmkt@ibl.bm. 
Harbour Radio
Information Technology Office (formerly CSSD)
Land Valuation Office. See Ministry of the Environment.

Ministers and Parliamentarians Salary Review Board. Set up by legislation enacted in 2005 in an effort to end the recurring controversy that flares up every time MPs vote for a pay rise for themselves.
Ministry of Finance.
Ministry of Education
Ministry of the Environment. Government Administration Building, 30 Parliament Street, Hamilton. Phone 297-7590, fax 292-2349. Main departments are Department of Planning, Land Valuation Office, Department of Parks, Department of Conservation Services and Department of Environmental Protection (e-mail agfish@ibl.bm). 
Ministry of Telecommunications & E-Commerce. From September 17, 2001, it is at the F. B. Perry Building, 40 Church Street, Hamilton HM 12, P. O. Box HM 101, Hamilton HM AX. Telephone (441) 292-4595. Fax (441) 295-1462. E-mail gtelecom@gov.bm.
Office of the Tax Commissioner, F. B. Perry Building, 40 Church Street, Hamilton HM 12. Telephone (441) 297-7750 or 297-7751 or 297-7891 or fax (441) 296-5406. or e-mail taxenquiry@gov.bm. Payroll Taxes payable by Employers who usually pass 50% of the cost to their Employees. You can now pay Payroll Taxes online.  A wide range of other taxes can also be paid here. 
Parliamentary Registry
Progressive Labor Party
Registrar of Companies
Registrar General. For birth, marriage and death certificates, to patent a product or copyright material.
Road Safety Council.  See Bermuda Government Boards.
Transport Control Department. North Street, Hamilton.
Weather. See Bermuda Weather.

West End Development Corporation. On behalf Government, it owns the former Royal Naval Dockyard.

London and Washington DC Offices. 

  • London Office is at 6 Arlington Street, Westminster, London SW1A 1. 
  • Washington Office. Since September 2009  to coincide with Government's attendance at the Congressional Black Caucus Foundation Weekend in DC. Established to "immeasurably strengthen the links" between the Island and the USA, at a cost to Bermuda taxpayers of $58,328 to set up and renovate, almost $180,000-a-year to lease and allocated $321,000 in the Bermuda Government's 2010-2011 budget paid by taxpayers, with much more in the 2011-2012 Budget. It was intended that staff would be based there and would work with Congressional staffers to further Bermuda's interests in the States, particularly in relation to tax issues. The office, which is seven blocks from the US seat of government, is at third floor, Liberty Place, 325 Seventh Street NW, close to Capitol Hill.  It is for use by Government ministers and senior officials and will provide a localized source of information and key contact personnel at the disposal of Congressional staffers charged with briefing and preparing legislators. 

Voters of Bermuda and non-citizens who can never vote

March 9, 2007. Efforts by an Opposition Minister to persuade Government to provide absentee voting at the next general election - in the same way absentee voting is not only allowed but encouraged in the USA, Canada, United Kingdom and Europe has has been for some time - were defeated. Then-Shadow Minister for Legislative Reform and Justice John Barritt moved, without success, a motion in the House asking for the facility help the housebound, those on vacation, and also Bermudians studying and working abroad but with ownership or co-ownership of homes in Bermuda. Why? Because presently in Bermuda, strict voting laws bar people from voting if they have lived away for more than six months. Checks are made to see if Bermudian voters were still resident or just flying in. Many Bermudians want to come home and vote who live abroad but cannot, despite being Bermudian and having an ongoing Bermudian connection. Under Bermuda's archaic laws they are longer entitled to vote. 

Bermuda's strict laws barring votes from those who had spent a relatively short time away need to be changed. Especially as for Bermudians, irrespective of whether they live full-time or part-time abroad but own or part-own a home in Bermuda, they appear to be fully entitled to vote in Bermuda under both Bermuda's Human Rights Act and under UN law.  In the UK, British voters can be gone for up to 15 years before they lose the right to vote in UK national elections and European Union elections. Bermuda's six month limit is far too short and was one of several aspects of electoral law which needs to modernized. It means that Bermudians who are students abroad cannot vote if away from Bermuda for more than six months at a time. Presently, absentee ballots are not allowed to registered voters if they are off the Island at the time of an election or the day of the advance poll — which is just a week or so before the election - a democratic right common in other countries. In the United Kingdom every British citizen who has been registered to vote in the UK within the last 15 years is eligible to vote. If now living overseas,  for example in Bermuda, they can vote in General elections (for the UK Parliament) and European Parliamentary elections. They don’t have to go all the way back to Britain to do it, as when they register in the UK they have the choice of voting by proxy, post or in person if they happen to be in the UK on election day. In most British Commonwealth countries, to be eligible to vote there are only three conditions, namely you must be: a citizen; at least 18 years old, and ordinarily resident at a particular address or deemed to be sometime or full-time ordinarily resident at and/or an owner or co-owner of a property in a specific constituency.

Also see under Bermuda Citizenship.

Bermuda voters in general and other elections or referenda are at least 18 years old and are either Bermudian by birth or status, or non Bermudians, long term residents of Bermuda for decades, citizens of the (British) Commonwealth of Nations, who were otherwise registered and qualified to vote in 1979, have remained residents since then - and, like Bermudians - have registered to vote.

Most - about 78% - residents were born in Bermuda of Bermudian parents (or a Bermudian parent) and are Bermudian. Elsewhere, automatic citizenship applies to all children born there. But children born in Bermuda, without either parent being Bermudian by birth or status at the time, are not Bermudian. They are NOT allowed to register to vote in any election after they become 18 years old. All British Commonwealth of Nations nationals including Australians, Britons, Canadians, New Zealanders and West Indians and all other non Bermudians of good character and reputation who have been long term residents of Bermuda for 20 or more years but were refused Bermuda status if they applied for it and were not registered to vote in 1979, are NOT allowed to register to vote. There is no longer any mechanism providing for any other individuals who may be also be long term residents of Bermuda, but who do not have close family ties with Bermudians, to become local citizens. Without this designation, they can never vote. And because they cannot, nor can they ever own mid priced real estate by Bermuda's standards. They are limited to the top 5%  in price and Annual Rentable Value (ARV).

Under Bermuda law, the only people who are irrevocably Bermudian are those born here with at least one Bermudian parent. Those not born here from a Bermudian parent have conditional Bermuda status. They must have received it officially before 1991 (no longer issued except in the special 2002 cases mentioned below) to spouses and children of Bermudians) by virtue of residence.

Citizenship is not given to any non-national unless he or she marries a Bermudian and stays married to and lives with that Bermudian for at least 10 years and then applies for citizenship and receives it. 

Non-Bermudians not allowed to vote - even when they have been model residents in every way for years - are mostly from the USA, Britain, Canada,  Caribbean and Europe, but some are from Africa, Asia, Australia, New Zealand, Philippines and elsewhere. Without citizenship, persons also cannot buy any real estate as Bermudians can if they can afford it; are limited to the top 5 percent of property in assessed value and must pay a substantial purchase tax on top of other taxes; cannot obtain any local scholarships from any organization; and if of employable age are not allowed to take any employment but are limited to the kind of employment on a Work Permit approved by the Immigration authority of the Bermuda Government.

Minor concessions were granted in 2002 to some non-Bermudians with over 20 years of continuous residence and demonstrated good character and conduct. They were given Permanent Residents Certificates (PRCs). They took effect on October 31, 2002 with the enactment of the Bermuda Immigration and Protection Act 2002.  

Having a qualifying Bermudian connection, such as marriage to a Bermudian of the opposite sex, is key to getting Bermuda Status (citizenship) after 20 years. Otherwise, there is no  chance at all of getting it. All others can apply for Permanent Resident Certificate (PRC) if they qualify. So far, some 800 persons have done the latter. Application criteria include being ordinarily resident in Bermuda before 31 July 1989 and for a period of 20 years immediately before application; are at least 40 years of age; and are of good character and conduct. Their full names, addresses, parishes and postal codes are published in the Official Gazette. Those with a Working Resident Certificate (WRC) - introduced in 1998 - must still apply for a PLC as some years have passed since they proved their eligibility. Having a PRC will provide security of employment and residence to long term residents. But having either a PRC or WRC does not entitle any non-Bermudian to buy lower or mid-priced real estate. They continue to be limited to the top 5% in price and Annual Rentable Value (ARV). 

All other applicants for the PRC must also demonstrate good character and conduct and must prove that he or she was ordinarily resident in Bermuda before August 1, 1989 and be at least 40 years old on the date of application.

In most other countries, persons of good character who wish to become citizens can do so after 3-5 years, do not need a qualifying local connection; can buy any real estate they wish, at any price; and do not have to be a particular age.

Voter statistics

In November 2010 there were 42,987 registered voters, about 59 percent of Bermuda's total current population. As soon as local citizens become at least 18 years old they can register to vote.

125+ files on other aspects of Bermuda

Last Updated: February 1, 2012.
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