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Mr. Walton Brown:
Thank you, Mr. Speaker.
Mr.
Speaker, during my first speech to this Honourable House I commended the Government
for taking the initiative to clearly express an intention of bringing forth the
amendment to the Human Rights Act.
I commend
the Government for bringing forth this amendment today. It is an important step
forward for a more just society, and I recognise the challenges in terms of
different views in the community.
When the
Honourable Minister made his statement, he was strong and bold, Mr. Speaker.
What I was concerned about, though, was that given the tremendous debate that
has taken place in our country, given the nature and extent of differing views
on this issue, the Minister had a responsibility to clearly articulate the
rationale for this amendment to help to explain to the public, those elements
within the public who are not yet on this path toward what I see as a more just
society. The Minister chose not to do so and that is regrettable, Mr. Speaker.
The
Honourable Minister who just sat down, Mr. Crockwell, gave a powerful, even at
times eloquent, speech about the importance of us moving toward a more just
society. The Honourable Member spoke about the importance of this legislation
in taking us along that pathway. And, as I say, we can all embrace the change.
But the carveouts that the Minister responsible for this Bill made at the very
beginning cause me at least pause for concern. Because if we are truly
concerned with bringing about a more just society and bringing about a society
in which we are all equal before the law, then it is inconsistent for the Government
to bring forth a Bill which limits the rights and freedoms that are going to be
extended to people of differing sexual orientations.
So part of
what I would do today, Mr. Speaker, is provide some of that context for the
community, because our role as legislators is not simply to pass laws. We
should try to explain to the public the rationale for such laws. That is our
constitutional duty. So I will try to fill in some of the blanks and then I
will also encourage the Minister to step back from his restriction on any
future aggressive steps with regard to a full extension of human rights,
because this amendment, while an important step forward, will not bring about
equality before the law. We are still a ways away from that, Mr. Speaker. So if
Government is serious, they will back away from the carveouts that the Minister
made in his opening remarks.
Mr.
Speaker, the quest of justice has been a long one in this country. We had some
first steps during emancipation in 1834. The valiant battle of Gladys Misick
Morrell for the right for women to get the vote in the 1920s and 1930s was part
of that struggle, the struggle for racial desegregation, the struggle for the
right to vote—all part and parcel. But as we got into the age of democracy, we
saw further extensions of what we now take for granted as basic and fundamental
human rights, the right to organise in collective bargaining units.
Members who
served in this House, Mr. Speaker, were champions of a more just society. The
single individual who was an inspiration for this colonial territory—Lois
Browne-Evans, our leader—for decades championed a more just society. And
Members have already spoken about her support for an initial move toward a more
just society with respect to this issue with support for the Stubbs Bill back
in the 1990s.
But then
there is also our friend Julian Hall who, too, spoke about the importance of
extending this society and its rights with respect to all people. It was the
official case of the 1970s, Mr. Speaker, in which the rights of children born
of foreign parents were clearly examined and embraced by the court system. So
that is all part and parcel of this long struggle for a more just society. And
we cannot forget Margaret Carter and her struggle, her campaign to bring about
more and better rights for those who are physically challenged.
So this
piece of legislation, this amendment, is part and parcel of our long quest for
a more democratic and a more just society. So for those in the public who have
reservations about this particular amendment, look at it in the context of
trying to make Bermuda better for more of its citizens. We do not have justice.
We do not have real genuine equality of opportunity. And there is rampant discrimination
in this country on so many levels. So it is important that this Bill pass—this
amendment pass—in my view. Despite its limitations, we need to pass it in its
present form. And I am prepared to work and encourage the Government to extend
its remit, to extend the rights to people, irrespective of sexual orientation.
It is our duty to do so, Mr. Speaker.
The issue
is contentious, but that does not take away from the responsibility we have to
clearly examine issues, to reflect on them, and to make a decision. I expect
every Member of this House to get up and clearly express their view. It is our
responsibility. Now is not the time to run to the bathroom, Mr. Speaker.
[Laughter]
Mr. Walton Brown:
So, Mr. Speaker, in examining my position on this issue, it is a very simple
matter. I believe in a more just Bermuda. I say it and I act on it. One’s
principles do not require qualification. You have your principles and you act
on them. One has to act on them.
[Crosstalk]
Mr. Walton Brown:
Now, Mr. Speaker, I was elected to Parliament by my constituents. My
constituency is a diverse constituency, Mr. Speaker. And in looking at how I
would deal with this issue—
[Gavel]
The Speaker:
Members, Members, we have a good speech going on right now and I think we need
to listen to it—all of us—every one of us . . . every one of us
. . . every one of us.
Mr. Walton Brown:
Thank you, Mr. Speaker. You truly are an insightful Speaker.
[Laughter]
The Speaker: You
will get a long way with that.
[Laughter]
The Speaker: You
will always be asked to speak.
[Laughter]
Mr. Walton Brown:
Thank you, Mr. Speaker. I will continue to act accordingly.
So, I was
elected to represent constituency 17, but it forced me to consider a question:
What is my role here as a Member of Parliament? Am I a delegate of the people’s
will or am I a representative obliged to examine issues and try to help shape
legislation and lead on issues that reflect the best interests of the country
as I see it?
Mr.
Speaker, one can do opinion polls (and I have done a lot of them), one can ask
questions of people and they can render their opinion. But one thing that does
not get conveyed in an opinion poll, Mr. Speaker, is the reason why people hold
certain views, the sentiment that is attached to it. And so I went around my
constituency, Mr. Speaker, and spoke to a number of people. I did not do a
poll; I went door to door and spoke to a few people. For those who were opposed
to this amendment, their immediate response was, I cannot support it. I do not support it. And I would always ask
why. And after about five to ten minutes of discussion almost everyone accepted
that they believed Bermuda should be a place in which people are not
discriminated against based purely on their sexual orientation. They all
accepted that. They did not understand what the legislation was meant to
accomplish.
So part of the responsibility of Government
[is] to help to try to convey to people [that] it is a just amendment to make,
it is the right amendment to make. We will all be, I think, on the right side
of history. But the understanding of what this legislation is meant to
accomplish was not readily discerned by many of my constituents. And so after
speaking to them about what it was meant to accomplish, they would support it.
They would support. So I think not all support it, Mr. Speaker. I should say,
not all. But the majority I spoke to expressed support for it once they
understood it.
Now when it comes to the
legislation itself, this Human Rights Act 1981 represented a step forward when
it was first introduced. But then and now, Mr. Speaker, it still represents a
flawed instrument, because if you really believe in a just society you would
not have all these carveouts that allow people to still discriminate based on
where people live and who you allow into your apartment. So I believe we need
to have a rethink if we are truly committed to creating a more just society,
Mr. Speaker.
I know that there is division
within the Christian community in this country. We have had two differing views
coming out of the AME Church. The AME Churches in many countries have been a
beacon of progress, a beacon of hope. They have helped to break down what I
call the edifice of oppression. They have worked very hard in many areas. They
worked alongside the Civil Rights Movement, Mr. Speaker. On this issue there
has not yet been a clear position taken by the churches.
But I decided, Mr. Speaker (and my
friend, Mr. Burgess, will appreciate this), to go and talk to members of the
clergy to get some insight into their thinking on this matter because it is a
very serious matter and the church is a very important institution and an
institution which needs to be respected in this country. I was first guided by
the words of someone who I have admired for decades, Nobel Peace Prize
laureate, Desmond Tutu. And he opined years ago that one cannot take everything
from the Bible in a literal way. The Bible used to once support slavery. The
Bible says women should not speak in church. And some have used that to argue
against women being ordained. And so, according to the insight of Desmond Tutu,
we need to be careful about how we utilise what is contained in the Bible and
ensure that it reflects 21st century sensibilities.
Mr. Speaker, I spoke to members in
the Christian community here as well, and I was guided to Mark 28 in the Bible.
[Inaudible
interjections]
Mr. Walton Brown:
Mr. Speaker, as my Christian friends tell me . . . and I am familiar
with elements of Christianity, Islam and Buddhism. I truly do believe in a more
diverse Bermuda. And the first two commandments I have been told are the ones
that are most relevant—to love one’s God and to love one’s neighbour and to
treat them as you would treat yourself.
[Inaudible
interjections]
Mr. Walton Brown:
Those are meant to be the two most salient aspects of the Ten Commandments. And
so to those who wish to use the Bible to buttress their position, Mr. Speaker,
I would say, use the Bible as a way of making our society more just, as it was
done during the Civil Rights Movement. I see equal rights for people,
irrespective of sexual orientation, unequivocally as part and parcel of that
overall Human Rights Movement. And Christianity has played a positive role in
many aspects of that struggle.
So, Mr.
Speaker, we have before us an opportunity to step forward. It is contentious, I
understand. My party, a party which has long been a beacon of progress, has
differing views on this matter. We have remained fundamentally committed to a
more positive agenda and an agenda rooted in social justice. This has been a
challenge for us.
My position is very clear. I will
support this amendment despite its limitations. And I do want to see other
legislation brought forward that genuinely realises the dream of a more just
Bermuda.
Mr.
Speaker, as I take my seat all I will say is, Government, you have taken the
bold step. You should be commended. It is not without its flaws, but as we move
forward let us use this as an understanding that while this represents progress,
there is more to be done.
Thank you,
Mr. Speaker.
[Desk thumping]
Delivered 14 June 2013
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