Monday, February 16, 2015
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
CONSTITUTIONAL Commission Chairman Sean McWeeney said it is doubtful the referendum on gender equality will be held in June and admitted yesterday that despite efforts of the commission, it is unlikely the bills will gain the unanimous support of parliamentarians.
Despite the pushback from some members of parliament on the wording of at least two of the bills, Mr McWeeney, QC, said he does not think there will be further amendments.
Speaking about the controversial fourth bill, Mr McWeeney revealed the government recently obtained the legal opinion of Michael Beloff, QC, – a former president of Oxford University in the United Kingdom and one of the world’s leading constitutional law attorneys – who dismissed as illegitimate concerns that the bill could open the door to same-sex marriage in the country.
A communication featuring Mr Beloff’s opinion could soon be tabled in the House of Assembly, Mr McWeeney said.
Following four delays of the proposed referendum, Prime Minister Perry Christie told a reporter earlier this month that he hopes to avoid further postponements and hold the referendum in June.
This, however, seems unlikely.
“The reason I say (it’s doubtful) is because this is already February,” Mr McWeeney told The Tribune. “There has to be a period of ramped up, sustained public education once the bills are in their final form. We are engaging in education now but it’s laid-back until the bills are passed. The other problem is May and June historically are given over to the budget (debate). That’s something that has to happen because it’s so consequential.”
Mr McWeeny said he “suspects” the House of Assembly will debate and pass the bills some time this spring.
“They could easily finish the debate before Easter,” he said, adding: “After that, it really depends on how much time the government and opposition wants to set aside for public dialogue. The whole objective is they would be out there trying to persuade their supporters to support the bills. That’s not the job of the Constitutional Commission, but the job of political parties in order to help ensure the success of the referendum.”
Mr Christie has said that the government only wants to hold the referendum if unanimous support for the bills exists among parliamentarians. In an effort to secure support, the government has delayed passing the bills so the commission could meet MPs who have concerns and make further amendments if necessary.
Concerns
For the first time this year, the commission met two members of the opposition FNM last Wednesday concerning the bills. The group plans to meet with them again to continue dialogue. The commission also has been in frequent dialogue with Marco City MP Greg Moss.
Mr Moss, a member of the PLP, has issues with bills two and four. Last month Mr Moss said he will publicly campaign against the bills if they are passed in their present form.
However, Mr McWeeney said while the commission will not “close the door on” amending the bills, it is now unlikely that additional changes will be made.
“I don’t think there will be any more amendments,” he said. “But I wouldn’t close the door on amendments because the purpose of meeting is to see whether amendments are superior to the ones we’ve put forward.”
Despite the expressed desires of Mr Christie, Mr McWeeney said he does not expect the bills to get unanimous support, adding that at least three MPs – including two from the PLP and one from the FNM - will likely oppose at least one of the bills.
He said: “It’s increasingly unlikely that we will have all the support for all the bills. We will probably end up with at least two members opposing bill number four on the government side. As for the opposition, of the two we have met with, I’m pretty sure one of them will get back on board. The other one I’m less sure of.”
However, the lack of unanimous support will not derail the process, he said.
“We certainly have enough numbers to proceed now but that misses the point. It was never a question of whether we have enough but whether we would go with a united parliamentary front. Both leaders have stressed the importance of having unity.”
As for Mr Beloff, his services were retained in an effort to address the concerns of Mr Moss, who has insisted that the fourth bill could lead to gay marriage.
Mr Beloff has dismissed this concern, however.
“(Mr Beloff) is a very distinguished constitutional scholar with numerous books and has represented governments around the world,” said Mr McWeeney. “He was retained by the attorney general to look at the legal arguments advanced by Mr Moss. (He has concluded that there is) absolutely no basis about the law leading to gay marriage. I should also say that he has been among the foremost lawyers in the commonwealth on sex related cases so he’s very familiar with the English common law and written constitutional systems and what they have to say about equality based on sex and sexual orientation.”
Mr McWeeney said Mr Moss received a copy of Mr Beloff’s opinion in December.
Mr McWeeney did not say when he thinks the referendum should take place, but noted that the commission will be ready to focus its attention on education efforts in New Providence and Grand Bahama, to a lesser extent.
Comments
realfreethinker says...
You cant be surprised by this. You dealing with Perry and his band of merry men.
Posted 16 February 2015, 1:20 p.m. Suggest removal
Well_mudda_take_sic says...
The Bahamian people do not want or need legal opinions Mr. McWeeney. We all know lawyers are very capable of rendering written opinions to suit the wishes of whomever is paying their bill. What we really want and need Mr. McWeeney is for you to take the 10 minutes required to redraft the bills to unequivocally state in plain simple English that the Bahamas shall not recognize same sex marriages or marriages of any kind except the traditional Christian and morally acceptable marriage of a man and a woman. We really don't want or need any slickly worded proposed constitutional amendments such as those you have currently drafted and would wish to have us support to the detriment of the sanctity of the institution of marriage that the vast majority of Bahamians hold so dear to the Christian way of life. Find another donkey to ride Mr. McWeeney.....the Bahamian people are wise to your ways and the ways of the current government that you so blindly and unquestioningly serve.
Posted 16 February 2015, 1:33 p.m. Suggest removal
Economist says...
The fact is that Bahamian women are treated like second class citizens and this needs to be corrected. The Bahamas is being watched by the United Nations over this point.
It may be that there is a slim chance that the amendment could lead to same sex marriage. Even if we were to take a worst case scenario, and say that it did. In reality how many such marriages would take place, and why should those of us who are heterosexuals be so concerned?
We should be very concerned that our mothers, our daughters, our wives, our sisters, our aunts are all treated as second class. This is a disgrace. My mother, my daughter and my wife deserve to be treated with more respect.
How can we let homophobia get in the way of our mothers, wives and daughters. Keep focused on what really counts.
Posted 16 February 2015, 1:58 p.m. Suggest removal
Reality_Check says...
Like his brother Paul McWeeney, who is now the outgoing managing director of Bank of The Bahamas due to his role played in granting loans to friends of the Christie lead PLP government that will never be repaid and will therefore be borne by the Bahamian taxpayers, Sean McWeeney could not care less about right from wrong and certainly has no respect whatsoever for the Bahamian people and their desired way of life. The poison espoused by Sean McWeeney's misguided intellect over the last three decades even has poor wordy Perry Christie now coming across to the public as a baffling looney tune whenever he tries to wax eloquence of any kind. Too late though for Christie to find any principled advisers....the damage done to him by Sean McWeeney and others like him is irreparable. Those who think they can so easily and deviously manipulate the masses for their own benefit typically end up getting what they deserve in life and after.....
Posted 16 February 2015, 2:08 p.m. Suggest removal
birdiestrachan says...
Mr: McWeeney it is a good idea to put this off and off again. Because I am voting NO and I know many others who will be voting no. Immigration has enough problems, and this will only add to the problems, they already have. The Immigration Department is far from efficient. But you sir and your team did a great job.
Posted 16 February 2015, 2:57 p.m. Suggest removal
Economist says...
So, what you are saying, is that you believe that your Mother should remain a second class citizen. That she is not as good as a man. Interesting.
Posted 16 February 2015, 3:39 p.m. Suggest removal
ispeakthetruth says...
It is worth putting it off if certain politicians feel that tying in the rights of a relativity new minority when compared to the much longer fight of women for equality, is acceptable. The government procrastinated on Women's rights (like everything else) long before the acronym "LGBT" or the organization was introduced to the Bahamas, or Parliament for that matter. To further postpone some of the long and hard fought rights of women by wrapping it in a carefully worded bill is deceptive and wrong. Oppressing one group, for the benefit of another, is wrong.
While I am all for gay rights, I believe it should stand on its own. Otherwise, it will not stand for long. Legal challenges, if passed, to same sex marriage could hamper, more than progress, the movement. Not to mention that the LGBT movement could possibly lose its greatest ally: women.
Opposers to gay rights, align with age according to most US polls, and I believe that the Bahamas is no different. Bahamians are not homophobic, simply stubborn. A lifetime of being taught what is "right" and "acceptable" even if secretly engaged in said lifestyle, cannot be undone overnight or by passing a bill. It will take time. Therefore, the crafters of this bill should accept that gay marriage may not happen during their tenure, or lifetime, but IT WILL HAPPEN!
Posted 16 February 2015, 11:07 p.m. Suggest removal
duppyVAT says...
There will be NO more referenda under the PLP this term .................... PERIOD
Posted 16 February 2015, 3:26 p.m. Suggest removal
Greentea says...
sometimes I wonder whether McWeeny is really the prime minister and Perry is the puppet. I be,I've that he is in fact the most powerful man in this country. whatever he says goes. sad.
Posted 17 February 2015, 9:24 a.m. Suggest removal
duppyVAT says...
Two McWeeneys = 1 Perry?????? Thats not a fair equation
Posted 17 February 2015, 3:56 p.m. Suggest removal
asiseeit says...
I would not vote, the government will do as it pleases no matter the outcome. This is a fact, look at the Numbers vote. The democratic process has been destroyed by Perry them to satisfy their special interests and pay back their investors ( election bank rollers). This has been proven by the legislation they have brought forward and passed. Also by the court orders they have refused to enforce. How a government can hold it's head up and not obey a legal court order is beyond corrupt. There is no democracy in the Bahamas, the only law is the law of money, who can pay to play. That is why The Bahamas is no longer a democracy, we are now a kleptocracy, one vote means nothing, but a bank account or a dollar means everything. Jail time is warranted but that will not happen, YET!
Posted 17 February 2015, 9:55 a.m. Suggest removal
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