The ruling was handed down today, seemingly marking the end of the Corporation’s litigation against the Government’s Municipalities Reform Act 2018
The Bermuda Government today welcomed a court decision in London that went against the Corporation of Hamilton, in what is seen by some as a power struggle between city and central government.
The Privy Council dismissed an appeal by the Corporation that aimed to prevent reforms that would end municipal elections.
Expressing disappointment with today’s decision, the City said it would respect the decision of the court and “carefully review the judgment before determining our next course of action.”
Mayor Charles Gosling stressed that the ruling does not itself abolish the municipal corporations and he will meet with Minister of Housing and Municipalities, Zane DeSilva and City staff on Friday morning.
The Corporation of Hamilton’s full statement:
The City of Hamilton acknowledges receiving today’s ruling by the Judicial Committee of the Privy Council. While we are disappointed by the outcome, we respect the decision of the court and will carefully review the judgment before determining our next course of action.
“For more than two centuries, the Corporation of Hamilton has served this community with accountability, transparency, and fiscal prudence,” said Mayor Charles Gosling. “We have delivered services that directly and positively impact the daily lives of our residents, businesses, and visitors. That legacy is something we remain deeply proud of and always will.
“We are still studying today’s judgment. However, it does not itself abolish the municipal corporations. What it determines is that certain pre-existing legislation is lawful and constitutional; and that the provisions of the proposed Bill do not amount to a breach of electors’ freedom of political expression or a deprivation of property. The Bill may therefore proceed without being in breach of those rights. Importantly, the Privy Council appears to have confirmed that the right to the protection of the law remains enforceable, and does not appear to have made any ruling which would permit the Government (without compensation) to directly take possession of or acquire Corporation property, whether buildings, vehicles, or other City-owned assets. Any improperly compelled movement of title or transfer of assets would remain a constitutional matter. It is also significant to note that the status quo remains unchanged for now. The only effect of the ruling is to permit the Government’s proposed legislation to move forward through the legislative process.”
Public sentiment has consistently underscored the value of local democracy. A Government-commissioned consultation in 2019 found that 98 percent of respondents opposed interference in the management of Hamilton and St. George’s. That same year, the Senate rejected a proposed Bill to convert the municipalities into unelected bodies, highlighting the community’s belief in the importance of local representation.
Mayor Gosling continued: “Our commitment to Hamilton and its people has not changed. We remain dedicated to serving our stakeholders and to ensuring the City continues to thrive as Bermuda’s economic and cultural heart. Our aim is to do whatever is best for the City, the island, and our staff.
“We are actively seeking constructive dialogue and will be meeting with our union partners to ensure that the best interests of their members, and of the wider community, are protected. The previous Minister, The Hon. Walter Roban, under his former remit as Municipalities Minister has stated that no one’s job is at risk, and we will continue working collaboratively to safeguard the services and employment that the City provides.
“Local government has always played a vital role in the life of our community, often more responsive, more accountable, and more closely connected to the people it serves than any national body. That spirit of service will continue to guide us.”
As part of the next steps, the City notes that Minister of Housing and Municipalities, The Hon. Zane DeSilva JP MP will meet with City staff on Friday morning. We welcome the opportunity for him to address staff directly and to answer their questions in the spirit of open dialogue and constructive engagement.
The City of Hamilton extends its sincere thanks to the ratepayers, residents, businesses, and partners who have supported us. Together, we look forward to building on that legacy and continuing to shape a vibrant, safe, and prosperous future for Bermuda’s capital.
