Bermuda: Enactment of Contentious Amendments to Current Gaming Legislation

The Casino Gaming Amendment Act 2017 was passed by Bermuda's Mps on Friday and came under strong criticism in recent weeks.

Opponents of the amendments to current legislation said the independence of the commission will be adversely affected by these changes.

Jamahl Simmons, who tabled the amendment Act, insisted that the approach in the new Bill was “not unusual, not unique and not unheard of”.

Mr Simmons said the Government had taken note of concerns about the Act and made the two changes to the original Amendment Act after consultation with the new gaming commissioner, Cheryl-Ann Mapp.

The first amendment said that the minister can “from time to time after consultation with the Commission give to the Commission in writing such general directions as appear to the minister to be necessary in the public interest and the commission shall act in accordance with such directions”.

The second amendment added: “The minister may at any time revoke the appointment of a member who is unable or unwilling to perform his duties as a member or in such other circumstances where the member’s conduct may amount to misconduct or breach of best regulatory practice or is likely to bring the commission or the Government into disrepute.” Mr Simmons told the House that the new provision for directions to be in writing ensured they would be clear, while the second amendment provided greater “specificity in terms of reasoning”.

But Opposition MPs said the new amendments only watered down the overall impact of the legislation and did little to address their main concern of government interference with an independent body.

Mr Simmons began the debate with a condemnation of a “calculated, malicious and divisive media campaign” designed to portray the PLP as “inherently corrupt, incompetent and dictatorial”.

He said: “This government rejects those stereotypes. The Government has been given a mandate and it is right that mutual trust and respect exists for Government to execute that mandate.”

Leah Scott, the deputy leader of the One Bermuda Alliance, told MPs it was vital that the Commission was seen to be independent and asked Government to reconsider the legislation.
She added: “I don’t think that internationally it gives a good perception that the minister can interfere in this way.”

OBA MP Grant Gibbons also told Mr Simmons that he should “let this legislation die on the order paper”. Mr Gibbons said the Act was “ill-advised and wrong”.

He added: “This will do a great deal of harm to our gaming industry and damage to our reputation.”

The legislation passed with a vote on party lines after a two-hour debate, with the Government side winning 17 to 12. Six PLP members were absent from the chamber at the time of the vote: education minister Diallo Rabain, junior finance minister Wayne Furbert, whip Michael Weeks and backbenchers Derrick Burgess, Renée Ming and Michael Scott. Only Mr Weeks had declared himself absent at the start of the day.