BROOKLYN, NY – Former Premier Michael Dunkley says the Progressive Labour Party (PLP) government has used controversial new cannabis legislation in this British Overseas Territory as part of a breakaway move from the United Kingdom.
Dunkley, now Shadow Minister of National Security, said that drug reform had been used to pick a fight with Britain in a bid “for ultimate power and control through independence.”
He was speaking after the Cannabis Licensing Act – the most far-reaching drug-liberalization law Bermuda has seen in decades – was passed in the House of Assembly last Friday.
The legislation, which will make it legal for license holders to grow, sell and smoke cannabis, was passed without a vote, which means constituents have no idea whether their Member of Parliament was for or against the bill.
The 11-strong Senate’s three independent members could hold the balance of power when a vote on the bill is taken next week in the Upper House.
Ben Smith, the opposition One Bermuda Alliance (OBA) leader in the Senate, insisted that his party, which was in power from 2012 until 2017, did not support the legislation.
However, he declined to comment on possible amendments proposed for the final debate until the OBA Senate team had done more research.
Premier David Burt announced last week that PLP backbench MPs would get a conscience vote on the House’s legislation.
Burt said the PLP typically did not impose a government whip on legislation “considered to offend the conscience of some of our members.”
Smith said he had been “disappointed” to see no rollcall for a vote at the end of the debate in the House, where the government holds a 24-seat majority.
He added: “It’s a major change for the country, and it would have been interesting to see the positions of some MPs. Not a lot of people spoke about it.”
Dunkley said that similar legislation in the British Virgin Islands – another British Overseas Territory – had been sidelined after the UK refused to ratify it.
“We all need to pay attention and observe the words and actions of the government,” he said.
“The concerns I have raised make me believe the issues of this bill are not about cannabis reform but the PLP’s desire for ultimate power and control through independence.
“I believe the government is trying to cause friction with the UK, and it is my belief the bill would not obtain royal assent,” Dunkley added.
Attorney-General Kathy Lynn Simmons said in the House that the bill contravened United Nations narcotics conventions and, as written, would not get royal assent from Governor Rena Lalgie.
She added: “The UK government, through Government House, has confirmed support for Bermuda’s policy and legislation, only so far as it does not contravene the UK’s international obligations.
“To be clear, the governor has indicated that she will be unable to give assent to any legislation that contravenes those international obligations.”
But Dunkley questioned why the government had tabled the bill if it knew it would not get signed into law.
“As a former premier, I am aware of the process taken for the passage of legislation and, at times, with contentious legislation, there could be concerns raised by the governor. This is when, through the drafting process, discussions at Cabinet and with Government House, there is a collaboration to work through any concerns,” he said.
“I am sure every premier has worked through issues like this, and that is why I am alarmed that upon debating this bill, my concerns of friction were confirmed and that it might not receive royal assent. Statements by Premier Burt, such as it will destroy the relationship that we have with the United Kingdom’, serve no purpose in a cannabis debate and demonstrate questionable leadership.
“In my view, there is an ulterior motive for this bombastic approach – independence.”
Dunkley added that it was outrageous for the government to criticize the UK after the British government had crucial support over the COVID-19 crisis.
“Let us not forget who provided, free of charge, the PCR tests and some associated supplies required for us to have an aggressive testing program. Let us not forget who provided us free of charge the vaccines, which have provided hope and a way forward during these tough times.
“I find it unconscionable that the PLP government would attack the UK in our Parliament, with comments such as ‘the illegality of cannabis is part of an unjust colonial legacy,’” he said.
The UK has sent two shipments of the Pfizer COVID-19 vaccine to the island, and a third is due to arrive early next month.
Government House has declined to comment on the cannabis legislation controversy.
In a 1995 referendum on independence, called by the then ruling but now-defunct United Bermuda Party, almost three-quarters of voters rejected cutting ties with Britain.
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