26 February 2010 | Attorney General Kim Wilson

Good Afternoon,

At a time in our history when the fair and proper administration of justice is a primary concern for our community, it is imperative that the Ministry of Justice Departments namely, Justice Headquarters, the Judiciary, the Department of Public Prosecutions and the Attorney-General’s Chambers, are afforded the tools to effectively discharge their respective mandates.

During the examination of existing and proposed expenditure, it was essential to strike the appropriate balance between maintaining operational efficiency, prioritizing programs and accommodating new initiatives designed to respond to the social change which has impacted the justice system. To that end, a critical analysis of Ministry expenditure was undertaken for the fiscal 2010/11 period with the aim of reducing the Ministry operational budget whilst preserving the efficient delivery of services.

The Ministry of Justice Departments have been collectively allocated a budget of $19.7 million for the 2010/11 fiscal period in order to discharge their collective mandate of upholding the Constitution and legal system of Bermuda. The allocation of funding will permit the Ministry to continue existing initiatives with enhancements, where necessary, rigorously implement initiatives which were successfully developed during the previous fiscal period and to implement Throne Speech initiatives.

Under the supervision of the Permanent Secretary, Justice Headquarters will continue to fulfill its primary objective of directing policy implementation in accordance with the Government’s legislative agenda and overseeing departmental operations within the Ministry. Justice Headquarters monitors the implementation and maintenance of the justice mandate in an effort to inspire public confidence and increase knowledge and access to justice for members of the community and will continue to do so.

The Legal Aid Office will continue to ensure that all members of society are afforded access to justice. Justice Headquarters will continue to provide management oversight of the budget allocation to the Legal Aid Office which will facilitate the provision of legal representation and services to members of the public who are legally aided.

In discharging the Ministry mandate, I am pleased to inform the public that every effort has been and continues to be made to ensure the preparedness of Ministry employees to discharge their responsibilities which, in many instances, may determine both the fortunes and the safety of our community.

Members of the Judiciary and the Department of Public Prosecutions remain in the forefront of the ongoing fight against the increased number of incidents of violent crime in our community. In particular, the Judiciary has as its mandate the task of adjudicating charges of criminal conduct, resolving disputes, upholding the rights and freedoms of the individual and preserving the rule of law. These tasks must be carried out fairly, justly and expeditiously. Thus, the responsibility of our judges and magistrates necessitates that they must be equipped with immediate access to the current law and legal reports and that they are kept abreast of international best practices. In this regard, funding has been allocated for judicial conferences and training in order to aid the professional development of our Judges and Magistrates.

As a result of the recent increase in violent and serious crime, the Witness Care Unit will continue to provide information and support to witnesses in an effort to reduce feelings of intimidation and to encourage greater participation in the prosecution process. The Department of Public Prosecutions, under the supervision of the Director and Crown Counsel, will continue to successfully manage the operations of the Witness Care Unit.

As a compliment to enhance witness participation in the prosecution process, funding will continue to be provided to effect the implementation of a Judicial Videoconferencing System in the courts during this fiscal period. This initiative provides an additional tool aimed at reducing witness intimidation; increasing public safety and facilitating the safe participation of expert and vulnerable witnesses during court proceedings.

The Ministry's primary objectives for 2010/2011, will also focus on upgrading the current administrative and technological infrastructure to facilitate the efficient delivery of services to client Ministries and the general public. As it pertains to the Attorney-General's Chambers, this will be accomplished through the continued funding and implementation of the Legislative Information Management System (LIMS). LIMS will arm the Legislative Drafting section of Chambers with advanced technology that will permit high quality internet-based access to the law. Additionally, LIMS will equip Parliamentary Counsel with a modern drafting tool which will standardize drafting conventions and also enable the discharge of the statutory requirement imposed on the Attorney-General to publish current legislation.
With regard to current law, the Law Reform Commission, which is charged with responsibility for the systematic and continuing reform of the law, will become fully operational during the fiscal year.

The Judicial Department will continue to perform its tasks judiciously, fairly and expeditiously. Funding will be provided to maintain the administrative framework of the court system to ensure its efficient operation. Further, additional funding has been secured to facilitate the ongoing operation of the Criminal Justice Information System, which stores records of all court proceedings and matters.

With regard to our human resources, the professional development of Bermudian counsel remains a priority for the Ministry and is an integral part of effective and organized succession planning.

Thus, funding will continue to be provided for the development of Bermudian legislative drafters. Simultaneously, the Pupil Barrister program will continue, as a vehicle to provide professional development opportunities for Bermudians who possess a law degree to obtain their professional qualification and join the legal fraternity as public sector lawyers.

Funding will also be identified for the implementation of electronic monitoring of persons who are eligible to be released on bail. This is a Throne Speech initiative which will result in savings for the Government and will permit more effective monitoring of persons on bail.

On a further note, in keeping with Government’s drive towards transparency, the Legislature will be a fully independent body in the new fiscal year and will not form part of the Minister of Justice’s mandate.

This will enable total transparency and governance on both sides of the House of Assembly.

As evidenced by its core programs and initiatives, the Ministry of Justice continues to demonstrate its commitment to the advancement and implementation of policies and initiatives designed to progress the Ministry mandate of the fair and proper administration of justice. Exercising financial restraint and prudence, the Ministry will fulfill its primary mandates, meet public expectations and advance Throne Speech initiatives with its budgetary allocation of $19.7 million in the 2010/2011 fiscal period whilst remaining responsive to the ever-changing needs of our community.