This was a statement-heavy session with no debates or votes. The Premier reported on productive meetings with UK officials about beneficial ownership, cannabis legislation, and treaty extensions. The Deputy Premier announced criminal charges will be filed against a private club that illegally cut down 20 mature protected mangroves during bird nesting season. The government presented several positive economic updates, including 405% growth in tourism visitors and continued GDP expansion.
Premier's report on the Joint Ministerial Council meeting in London with UK officialsDeputy Premier's statement on protecting mangroves after illegal cutting at a private clubAttorney General's update on financial sanctions against Russia and implementation effortsMinister of Works' proposal for new water utility regulations to improve quality and pricingTourism and economic performance updates showing strong growth in first quarter 2023
Bills & Motions
No bills were presented, read, or voted on in this session. This was a statements-only sitting with nine ministerial updates presented to parliament.
Notable Moments
Deputy Premier promised to "publicly name and shame" the private club that destroyed protected mangroves, calling it "absolutely unacceptable"
Attorney General reported Bermuda has frozen over $219 million in Russian assets as part of international sanctions
Government announced plans for new water utility regulations to prevent price gouging and ensure water quality standards
Debate Transcript
527 speeches from 21 speakers
The SpeakerThe SpeakerGood morning, Members. The Acting Clerk will lead us in prayer. PRAYERS [Prayers read by Mr. Clark Somner , Acting Clerk ]
The SpeakerThe SpeakerGood morning, Members . The House is now in session. [Gavel] CONFIRMATION OF MINUTES [Minutes of 5 May 2023]
The SpeakerThe SpeakerMembers, the Minutes of May 5 have been circulated. Are there any amendments or corrections? There are none. The Minutes will be confirmed as printed. [Minutes of 5 May confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNO UNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerMembers, we have been not ified by the following Members of their absence today: the Opposi-tion Leader will be absent; MP Crystal Caesar; MP Wayne Caines; and MP Anthony Richardson. We ap-preciate the acknowledgement that they sent to make us aware of their absences. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerThis morning, Members, we have nine Statements on the Order Paper. The first is in the name of the Premier. Premier, would you like to present your Statement at this time? Hon. E. David Burt: Good morning to you, Mr. Speaker.
The SpeakerThe SpeakerGood morning. JOINT MINISTERIAL COUNCIL MAY 2023 Hon. E. David Burt: Mr. Speaker, Honourable Members will be aware that the Overseas Territories Heads of Government make an annual trek to London to convene in a political council setting to discuss various matters with United Kingdom Government Ministers in-cluding the Foreign …
Good morning.
JOINT MINISTERIAL COUNCIL MAY 2023 Hon. E. David Burt: Mr. Speaker, Honourable Members will be aware that the Overseas Territories Heads of Government make an annual trek to London to convene in a political council setting to discuss various matters with United Kingdom Government Ministers in-cluding the Foreign Secretary the Rt. Hon. James Clev-erly. Mr. Speaker, this Joint Ministerial Council (or JMC), as the highest political forum between the United Kingdom Government and Governments of the Overseas Territories, is usually preceded by a meeting of the leaders only under the auspices of the United King-dom Overseas Territories Association [the UKOT A], a body with a r otated political chairmanship and supported by the United Kingdom Representatives of the Territories. Uniquely, this year’s meetings took place in the wake of the coronation of Their Majesties the King and Queen at which I, with the Governor, was present. Mr. Speaker, the spectacle was witnessed by millions through the various media now available 70 years after the last such occasion, and His Majesty is to be congratulated for overt efforts at making the ancient ceremony more reflective of the United Kingdom of today. Mr. Speaker, the United Kingd om Overseas Territories Association Political Council meeting afforded the Territories’ l eaders the opportunity to consolidate the remaining positions to be taken in the JMC the following day and likewise provided an update on the work of the association d uring the previous year. 1350 19 May 2023 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, Honourable Members will be aware that the Rt. Hon. Lord Zac Goldsmith has been appointed as the U nited Kingdom’s Minister for the Overseas Territories, and prior to the formal start of the JMC we engaged in a bilateral with him and his officials in the company of the Governor. Honourable Members will have seen the media coverage of that meeting, and I am pleased to advise this Honourable House that the session was useful. The bilateral provides a leader the opportunity to canvass those issues unique to the re-spective Territory. I can confirm that the principal issues raised included the following: • The U nited Kingdom ’s position on the ongoing issue of beneficial ownership; • The U nited Kingdom’s position on Bermuda’s cannabis legislation ; and • The extension of international treaties to Bermuda, including the U nited Nations Convention on the Rights of Persons with Disabilities , as well as treaties and pr otocols related to intellectual property, trademarks and patents. The Minister was keen to emphasise his commitment to working with the Overseas Territories as part of the “United Kingdom Family ” and, at the direction of the Prime Minister, had agreed the designation of a lead Minister on O verseas Territories matters within each U nited Kingdom Government Department across Whitehall to ensure a coordinated cross -departmental approach to the U nited Kingdom ’s relationship with the Overseas Territories [OTs] mirroring the efficient response of the F oreign Commonwealth and Development Office to Overseas Territories’ issues . Mr. Speaker, a genuine and leading interest in the Overseas Territories has been taken by the Speaker of the U nited Kingdom House of Commons , the Rt. Hon. Sir Lindsey Hoyle, who is a fea rless advocate for the rights of Members in the Commons . And he has brought that same energy to a relationship with the Overseas Territorie s, evidenced in establishing an office for the Overseas Territories in Parliament including the gesture of installing a pair of stained- glass windows at the entrance of the Speaker’s official residence bearing the crests of the Overseas Territories and Crown Dependencies . Mr. Speaker, beyond the gracious hospitality of the U nited Kingdom House of Commons Speaker, his office kindly facilitated a United Kingdom Overseas Territories Association Parliamentary Conference of two panel sessions entitled Overseas Territories —Environmental Superpower , and Overseas Territories — Our People, Our Future. The environmental panel featured compelling accounts of the impact of climate change on all O verseas Territories and magnified the importance of a clear strategy to mitigate these issues and aid the preservation of the diverse, delicate ecosystems found in the O verseas Territories . It should be no surprise that around 90 per cent of the United Kingdom’s biodiversity resides in the United Kingdom ’s Overseas Territories and are home to 94 per cent of British endemic species. Mr. Speaker, I was pleased to participate on the second panel , and with ot her panel lists canvassed the nature of the functional relationship between the United Kingdom and the Overseas Territories and the interest of some OTs in structuring a different arrangement leading to full Commonwealth status. Mr. Speaker, prior to the formal JMC commencement and in the interests of maximising the time in London, I was pleased to attend a Bermuda Society Breakfast Briefing with Gold Members represented by friends of Bermuda and Bermudians based in the United Kingdom and work ing with local law firms or insurance companies. This intimate setting provided for an engaging and informative exchange, confirming the ongoing success of these industries owing to their Ber-muda presence and the conducive atmosphere for the growth of industry. We highlighted the valued engagement with the Bermuda Society to provide Bermudian students with opportunities. Mr. Speaker, on Thursday, the 11 th of May, the Joint Ministerial Council formally commenced, and over the next two days the Council was favoured with ad-dresses from the Prime Minister via video message, the Rt. Hon. James Cleverly, the Foreign Secretary in per-son and a visit from His Royal Highness the D uke of Edinburgh, all of whom spoke to the importance of the Overseas Territories to the United Kingdom. As the final communiqué notes , the issues covered were broad and reflect the serious matters with which Overseas Territories are consumed with the governing of a unique set of small jurisdictions with diverse populations and diverse constitutional structures. Mr. Speaker, perhaps the highlight of this time in London for me was the annual London Office student dinner which is hosted by premiers to engage Bermudians studying in the UK or those who have recently graduated. This event was well attended and featured a brisk Q&A followed by an informal dinner. It was immensely inspiring to be in the company of Bermuda’s bright future represented by t he diverse and vibrant young people at the dinner. Mr. Speaker, their courses of study ranged from public health to law, finance, po-litical science, fashion and engineering. It was a pleasure to host them and hear of their plans for the future, which thank fully do include Bermuda. Mr. Speaker, the J oint Ministerial Council is a paradox which sees a clash of two worlds. In the well - appointed and historic confines of the Foreign Office, in rooms where world history was made in the name of the British Empire, now sit the leaders of what remains of that institution—small islands debating modern issues like climate change, economic resilience, the migration of peoples and sustainable development. There was a constant reference to the Overseas Territories as a d efinitive part of the United Kingdom Family perhaps in recognition of the fact that there have been occasions when that has demonstrably not been the
Bermuda House of Assembly case. There appears to be an openness to engage in genuine dialogue with elected governments of the Overse as Territories, and that openness should be and will be met with genuine engagement on our part. The nature of our existing constitutional relationship makes it necessary for us to work together and on behalf of the Government and people of Bermuda, and in the best interests of those whom we serve. This is a necessary commitment reiterated to the UK Government as part of this annual Joint Ministerial Council. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. The next Statement this morning is in the name of the Deputy Premier. Deputy. Hon. Walter H. Roban: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. Hon. Walter H. Roban: Good morning to the Legislature and the listening public. THE IMPORTANCE OF MANGROVES TO OUR BIODIVERSITY Hon. Walter H. Roban: Mr. Speaker, I rise today to in-form the Honourable House of the importance and continuing need to protect Bermuda’s mangroves. I will start with …
Good morning. Hon. Walter H. Roban: Good morning to the Legislature and the listening public.
THE IMPORTANCE OF MANGROVES TO OUR BIODIVERSITY Hon. Walter H. Roban: Mr. Speaker, I rise today to in-form the Honourable House of the importance and continuing need to protect Bermuda’s mangroves. I will start with an interesting fact : Bermuda is the most northerly point on earth where mangroves grow, thanks to the proximity of the warming waters of the Gulf Stream. These unique trees have and will play a critical role in Bermuda’s past, its present and its future. Along with our endemi c Bermuda cedars and palmettos, the I sland’s mangroves were the I sland’s primary forests. These trees form dense coastal or pond- edge thickets and groves in low -lying, salty coastal and marshy areas of the I sland, where their unique adaptions allow them to thrive. There are two types of mangroves in Bermuda , Mr. Speaker, the black and the red mangrove. Both types of mangroves grow in association with one another. The r ed mangrove tends to grow closer to and in the water with their characteristic prop roots, while the black mangrove grow s more to the landward side of their habitat. Mangrove forests have been described as the richest wetland resource in Bermuda, having high levels of biodiversity second only to coral reefs. Furthermore, the terrestrial and aquatic components of the mangrove community support complex food webs and provide a unique habitat for a variety of rare animals. In Bermuda’s ponds these include giant land crabs, green herons, killifishes and diamondback terrapins , all of which are either native or endemic to Bermuda and protected under the Protected Species Act 2003. In Bermuda’s waters, they act as a criti cal nursery for a whole host of Bermuda’s fish species. Mr. Speaker, mangroves also act as an important line of protection against coastal erosion. As I have stated in the past in this Honourable House, climate change, particularly rising sea levels, poses an outsized threat to Bermuda. This is due in part to the location, size and topography of our islands. It is also due to the recognition that the ocean which surrounds us is being disproportionately impacted by greenhouse gas emissions. The impact of this will include higher mean sea level and tides. Additionally, Bermuda faces the threat of major changes to the marine ecosystem. The effects of climate change are a major threat to Bermuda, particularly the land we live on, especially low -lying areas in the west and east ends. Many of these low -lying areas are where the remains of Bermuda’s historical mangrove swamps were and are located. Looking to the future, m angroves are going to continue to play an important role as a critical buffer to some of our most vulnerable low -lying areas , which will play an important part in our future climate change adaption strategy. I look forward to updating this Hon-ourable House on this in the near future. Mr. Speaker , just turning back to mangroves , I am pleased to report that the Department of Environment and Natural Resources has recently completed an Island- wide mangrove mapping project 2022, thanks to our GIS Mapping Specialist, Mr. Daniel Dickinson, using a combination of satellite, aerial photography, drones and on- site ground truthing. The geographical -based survey estimates that Bermuda has 50.8 acres of mangroves of which 21.4 acres are located on g overnment -owned land and 29.4 acres on privately owned land. The dominant species comprises the red ma ngrove making up 64 per cent; black mangrove, 12 per cent; and the remaining 24 per cent were mixed [stands ] of the two species. While mangroves only make up [ an estimated] 0.004 percentage of the Island land mass , their value for biodiversity and buffers for climate change far exceeds their size. In other words, mangroves punch way above their weight. With this in mind we need to take every action to ensure that we protect this important natural asset. Mr. Speaker , while we have limited means to counteract the damage caused by nature’s wrath, we can and should do our best to address human- related threats, particularly over -zealous pruning or outright wanton destruction for short -sighted human- centred desires including views, convenience, and aesthetics. In fact, the Department of Environment and Natural Resources is currently investigating a major incident on the property of an exclusive private club which has significantly impacted a large stand of protected mangroves. Mr. Speaker, in the incident I just mentioned, a group of healthy mature red mangroves, about 20 very mature specimens which were 30 to 40 foot high, were cut to four -foot stumps. Unfortunately this was one area that the Department of Environment and Natural Resources [DENR] noted as being one of the I sland’s 1352 19 May 2023 Official Hansard Report
Bermuda House of Assembly healthiest mangrove areas and even increasing in size in contrast to many coastal areas. This to me in no way, shape or form [ can be] considered routine maintenance. Unfortunately the DENR estimates perhaps 90 per cent of these mangroves ’ ecological value is now gone. It could not have been undertaken at a worse time for the protected g reen heron right in the middle of its nesting season. It will realistically take dec-ades , Mr. Speaker , decades for the se mangroves to grow back if at all. Mr. Speaker, this is unacceptable! Absolutely unacceptable! I can assure you that we will be pursuing charges and penalties against the offending entity, which will also include publicly naming and shaming them —publicly naming and shaming. Mr. Speaker, I want to take this opportunity to re-emphasi se to the public that red [and black ] mangroves are level two protected species under the Protected Species Act 2003 and are afforded protection from wilful damage, destruction or felling under section 9(1)(b) of the Act. Under the A ct a moderate level of routine maintenance is allowed without a permit. This involves minor action which does not jeopardi se the health of a protected species. Property owners are strongly advised to reach out to the Department of Environment and Natural Resources for an assessment to clarify what level of maintenance they can undertake without a permit and/or how to request a permit if major works are needed. This advice also goes to landscapers and marine contractors. Persons who do not have the approved authori sation may commit an offence— may commit an offence which is liable on summary convic-tion to a fine of $15,000 or one year of imprisonment. Officers of the d epartment will be happy to assist and can be reached at the telephone number of 236- 4201 or via email environment@gov.bm . Mr. Speaker , in closing , there are those in our community who may think for the sake of development, profit or so- called progress a lax approach should be taken to these matters. This is not the case for this Governme nt. I will repeat it again: This is not the case for this Government. We as a country have lost considerable acreage and parts of our biodiversity to numerous factors over the last century. Preserving and protecting biodiversity is now a global priority —not just a local one. Balance is necessary even as we protect what we have. What will not be tolerated, Mr. Speaker, is unwonted, inconsiderate, unlawful desecration of our natural environment that is protected under the Protected Species Act, or any other aspect of it. The G overnment is prepared to take the strongest —I repeat the strongest—legal action necessary to protect every aspect of Bermuda’s land, sea or air. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy. The next Statement this morning is in the name of the Attorney General . Attorney General, would you like to present your Statement? Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker, and good morning.
The SpeakerThe SpeakerThank you. FINANCIAL SANCTIONS IMPLEMENTATION UNIT UPDATE Hon. Kathy Lynn Simmons: I am happy to rise this morning to provide an update on the Financial Sanctions Implementation Unit . Mr. Spe ak er, the Financial Sanctions Implementation Unit, which we call the FSIU, plays an integral role in our economy. …
Thank you.
FINANCIAL SANCTIONS IMPLEMENTATION UNIT UPDATE Hon. Kathy Lynn Simmons: I am happy to rise this morning to provide an update on the Financial Sanctions Implementation Unit . Mr. Spe ak er, the Financial Sanctions Implementation Unit, which we call the FSIU, plays an integral role in our economy. It ensures that Bermuda maintains its reputation as a cooperative jurisdiction with a robust sanctions framework to combat the circumvention of financial sanctions. I am pleased to state, Mr. Speaker, that in supporting the team’s mandate, the FSIU Team attended the Sanctions Forum 2023 for the UK, Overseas Territories [OTs] and Crown Dependencies [CDs]. The Sanctions Forum 2023 provided an excellent opportunity for the participants to discuss the various components of sanctions implementation and ways to strengthen effectiveness. Key presentations and discussions included the following topics: • financial sanctions circumvention; • asset seizure, general licensing; • specific licences; • information sharing and legal gateways; • financial sanctions monitoring and reporting; and • financial sanctions engagement. Mr. Speaker, let me expand on a few key areas covered.
Financial Sanctions Circumvention Hon. Kathy Lynn Simmons: The strategies used to circumvent financial sanctions tend to be the same as those employed to launder illicit finance and other forms of serious crime. The forum explored how CDs and OTs can better understand how circumvention may be taking place by looking at how licences are being used and understanding the various legal structures. This is critical for Bermuda as it is important to have a strong and robust enforcement regime to buttress the formal implementation of the sanctions’ framework.
General Licences Hon. Kathy Lynn Simmons: With regard to general licences , Mr. Speaker, the UK’s Office of Financial Sanctions Implementation (OFSI) has issued general licences (GLs) in addition to specific licences in order to protect business needs where necessary. To that end, the Sanctions Forum focused on this area and examined the various components of GLs, including: • the GL powers; • operational framework;
Bermuda House of Assembly • the GLs issued by OFSI; • considerations for the issuance of a GL; • features of a GL; and • [OFSI’s GL ] work programme. Mr. Speaker, general licences are proving to be a key component in a sanctions regime. They allow multiple parties to undertake specified activities which would otherwise be proh ibited by sanctions legislation without the need to apply for a specific licence. This has been particularly important under the Russia sanctions regime. Bermuda has the distinction of being the first Overseas Territory to be issued a general licence in October 2022. Pre- 2022 there had been no general licences issued to the O verseas Territorie s as general licences were used in the UK , primarily : • to ensure entities implementing sanctions were not adversely impacted by the implementation of financial sanctions legislation; • to deal with imminent or existing issues with sanctions implementation or compliance; • in response to a formal policy recommendation from relevant government departments ; or • to assist in the staged implementation of new sanctions regimes or listings or the staged reduction in a scope of existing sanctions regimes and listings. However, as matters and the overall situation evolved, in March 2022 general licences were used more extensively in the following ways: • to enable the financial sector t o exit financial relationships with Russian banks and companies in a systematic fashion; • to limit the impact on UK individuals and supply chains where possible without cutting across the purpose of the financial sanctions; and • where possible, to align the UK’s approach closely with the approach of its allies. The Sanctions Forum also provided participants information regarding potential general licences that may be considered by Financial Sanctions Implementation in the future.
Financial Sanctions Monitoring and Reporting
Hon. Kathy Lynn Simmons: Mr. Speaker, lastly let me highlight the topic of financial sanctions monitoring and reporting. This topic highlighted the importance of monitoring the value of frozen assets on an annual basis. This in turn provides the opportunity to provide any fluctuations in value which may be legitimate. Fluctuations may also be the result of a sanctions breach which would require further investigation. Furthermore, capturing such information also allows for transparency in a sanctions regime. The Sanctions Forum was an excellent opportunity for OTs and C rown Dependencies to network. It also worked to unify processes and protocols where applicable, particularly regarding licensing, enforcement and engagement. Mr. Speaker, I wish to also take this opportunity to provide an update on the Russia sanctions regime in Bermuda overall and our efforts to ensure effective implementation. The FSIU has been at the forefront of Bermuda’s financial sanctions response to Russia’s unprovoked attack on the Ukraine. This has involved a coordinated effort with the UK authorities and at times our OT counterparts in order to ensure the most stringent financial sanctions measures in history put in place by the UK are implemented effectively in Bermuda. By way of background, Mr. Speaker, the Russia (Sanctions) (EU Exit) Regulations 2019, as extended by the Russia (Sanctions) (Overseas Territories) Order 2020, via the International Sanctions Regu-lations 2013, include the following sanctions : • financial • trade • aircraft • shipping • immigration These all support the purposes of discouraging Russian actions which undermine and threaten the territorial integrity, sovereignty or independence of Ukraine. As a result of the amendments to the regime, in the last year the UK’s Russia sanctions regime comprise d the most severe sanctions measures ever imposed on any major economy. I will now provide details on the prohibitions contained in the Russia Sanctions Regime.
Financial Prohibiti ons Hon. Kathy Lynn Simmons: Mr. Speaker, financial provisions under the regime impose asset freezes on designated persons , prevent dealing with or the making available of assets owned or controlled by designated persons as well as other financial and investment restrictions. This includes the recent prohibition on the provision of trust services to or for the benefit of certain designated persons or for the benefit of persons connected with Russia.
Trade Prohibitions Hon. Kathy Lynn Simmons: Under the t rade provisions , Mr. Speaker, a number of prohibitions are in force. These include import, export, supply and transfer bans on military, aviation, space, oil refining, dual -use, energy -related and infrastructure- related goods and technology, as well as che mical and biological weapons. This also includes technical assistance, financial services, funds, brokering services and other services in relation to any of these goods and related technology. Mr. Speaker, I note that in particular the trade provisions i nclude expanded prohibitions in relation to the provision of services which enable or facilitate military activities. These span the extensive range of insur1354 19 May 2023 Official Hansard Report
Bermuda House of Assembly ance and reinsurance services; energy -related services; infrastructure- related services; tourism- related services; Internet services; and certain professional and business services which include accounting, advertising, architectural, auditing, business and manage-ment consulting, engineering, IT consultancy and design, and public relations services. Mor eover, there are also prohibitions on the export, making available supply or delivery of luxury goods.
Immigration Prohibitions
Hon. Kathy Lynn Simmons: Certain designated officials/individuals are subject to travel bans and as such will be refused leave to enter or remain in Bermuda.
Transport P rohibitions
Hon. Kathy Lynn Simmons: Russian aircraft and ships are prohibited from entering territory airspace and ports, and the registration of designated vessels in Ber-muda is also banned. Mr. Speaker, the Russia Regulations as extended contain licensing powers enabling legal persons to carry out certain prohibited activities under certain grounds. Since the invasion of Ukraine in February 2022, I am pleased to note that I have issued 11 licenc es under the Russia regime. These amount to four general licences, five individual financial sanctions licences and two individual trade licences. A summary of the general licences issued under the Russia sanc-tions regime include the following: • Vessels general licences. This general licence was issued on 20 October 2022, which provides regulation of the provision of technical assistance, financial services and funds, and brokering services, related to vessels; • Legal fees general licences. This general licence was issued on 20 December 2022, which allows for payment for the provision of legal services to a designated person under the Russia or Belarus regimes. Firms did not have to wait for a specific licence before they can receive payment from these designa ted persons, provided that the terms of the general licence are met; • Russian oil price cap. This general licence was issued on 17 March [2023], which permits the supply or delivery of Russian oil and oil products by ship, as well as provision of associated services, subject to the price cap terms being met; and • Wind -down of trust services provided to designated persons general licence. This general licence was issued on 21 March 2023, which permits persons to undertake activity necessary to terminate an arr angement to provide trust services between them and a designated person, provided that the terms of the general licence are met. Mr. Speaker, but for the extension of general licences to Bermuda, local entities that would otherwise be prevented from carr ying on business activities which their UK counterparts have been permitted to conduct same by reason of UK general licences. The FSIU continues to advocate for the extension of these permissions as needed, taking the policy position that Bermuda entities should have the same permissions as those in the UK. The regime also provides for reporting obligations in respect of asset freezes. These obligations require all relevant firms, natural and legal persons, entities and bodies to supply the FSIU as soon as practicable with any relevant information. The precondition is that they know or reasonably suspect a per-son is designated or has committed offences under the regulations, where such information is received in the course of carrying on their business. Sinc e February 2022, the FSIU has logged 139 compliance reporting forms, including notification of frozen assets totalling over $219.5 million. Mr. Speaker, the FSIU has embraced the important role in ensuring sanctions obligations are complied with in Bermuda. Thus, it is crucial for both the public and private sectors to understand their sanctions obligations. The FSIU intends to expand its engage-ment with various sectors in order to ensure sanctions measures are implemented in an effective manner, thus inc reasing compliance and combating circumvention of sanctions obligations. Mr. Speaker, I take this opportunity to commend the Sanctions Unit, led by Ms. Renee Foggo and Ms. Jaleesa Simons, for their untiring work to date. They have steadied Bermuda’s role in the regime and will continue their vigilance using all tools at their disposal. Thank you, Mr. Speaker, as this ends my update.
The SpeakerThe SpeakerThank you, Madam Attorney General. Members, the next Statement this morning is in the name of the Minister of Works. Minister.
The SpeakerThe SpeakerGood morning. SUSTAINABLE WATER MANAGEMENT FOR BERMUDA’S FUTURE
Lt. Col. Hon. David A. BurchMr. Speaker, outlined in the Government’s platform of 2017 were a number of commitments made that were designed to enhance the lives of our citizens. Specific to the Ministry of Public Works, the Government committed to reviewing the approaches to public water supply and wastewater disposal systems. To that end, …
Mr. Speaker, outlined in the Government’s platform of 2017 were a number of commitments made that were designed to enhance the lives of our citizens. Specific to the Ministry of Public Works, the Government committed to reviewing the approaches to public water supply and wastewater disposal systems. To that end, I wish to provide an update on the status of one of the initiatives of the Water and
Bermuda House of Assembly Wastewater Master Plan implementation—the establishment of regulatory oversight for the Water Utility Sector. Mr. Speaker, a study was commissioned using the award- winning engineering consulting firm, Associated Engineering (International) Ltd., to determine a long-term strategy for the St. George’s Parish water and wastewater systems. The necessity of such a study was noted in the document “Charting Our Course: Sustaining Bermuda,” which was developed by the Sustainable Development Unit within the Cabinet Office. One of the action points specifically states that a 20- year strategy was needed to ensure that the Island’s future water needs were adequately met. The study report entitled “Strategy for Sustainable Water and Wastewater Servicing for St. George’s Parish” was completed in February of 2018 and provided conclu-sions and recommendations on the governance, poli cy and servicing strategies of the public water supply and wastewater disposal sectors. Number one, Mr. Speaker, the wastewater treatment plants discharge into the ocean. Our local wastewater treatment plants are discharging minimally treated sewage throu gh two outfalls operated by the two respective municipalities. While one is currently being decommissioned through the Bermuda Land Development Company’s (BLDC) Water and Wastewater Infrastructure Project, about which I last updated this Honourable House on December 2, 2022, Mr. Speaker, the larger, second outfall located off of Hungry Bay and fed from the Front Street wastewater treatment plant remains in operation by the Corporation of Hamilton. This site discharges wastewater and occasionally grease int o the Atlantic Ocean. When easterly winds blow, grease balls can form and wash up on south shore beaches. In addition to impacting the aes-thetic value of the beaches, grease balls are also a po-tential public health risk. While the Corporation of Hamilton h as attempted to mitigate this issue by implementing a fats, oils and grease policy in 2015, replaced its wastewater filtering screens and hired a retired health inspector to work with restaurants to enforce the use and regular cleaning of grease traps, mor e investments are needed for equipment improvements. Number two, Mr. Speaker, Bermudians do not get as much water as they would like when rainfall is low. As we all are aware, Bermuda gets most of its water from rain harvesting, with piped and trucked water supplementing demand. Though rainwater harvesting has functioned well for over 400 years, the current method has been and will continue to be impacted by climate change. Climate change is expected to lead to more severe storms and longer dry spells in Bermuda. Though total rainfall is likely to increase, it will be in the form of more severe storms and hurricanes, which can contaminate household tanks with saltwater. During dry spells, household tanks are depleted and the demand for trucked water spikes , which has led to rationing in some cases. Number three, Mr. Speaker, the risk of consuming unsafe water by customers and tenants. The monitoring of piped and trucked water quality is not consistent across all providers. Some are very conscientious and f ollow best practices while others are not so reliable. The Department of Health does what it can with the resources available with regard to a drinking water quality monitoring programme. However, currently water testing is usually done on a voluntary basi s or in response to specific complaints from customers. This creates a risk that customers could consume un-safe water, as it is difficult for them to evaluate the quality of the drinking water by themselves. Additionally, Mr. Speaker, if residents drink tank water that is unfiltered, it exposes the individual to potential health risks. Homeowners are ultimately responsible for the quality of the water in their tanks. To measure their drinking water quality, they can have their water tested by the Department of Health and private labs for bacterial and salt content, although no labs in Bermuda offer chemical testing. However, it is more difficult for tenants in rental housing to assess the safety of the water they drink. And number four, Mr. Speaker, possibl e price gouging and lack of incentives to keep costs low. In any free market, competition between sellers helps keep costs low. When there is little or no competition, businesses are less likely to provide efficient services at the lowest cost possible, justifying the use of regulation to determine a price that is fair to both buyers and sellers. Unlike water utilities in other countries, large public and private service providers in Bermuda are not subject to economic regulation. Mr. Speaker, locally, pr ivate providers set their own prices. Since these companies are selling a basic daily need in a market without competitors, there is the risk that private service providers could charge prices far above their cost of service. Just to be clear, the Governme nt is not accusing any company in the current market of price gouging; it is just a possibility that may occur in the future resulting from climate change and drought periods. In addition, without competition service providers are less likely to provide hi gh-quality service and expand coverage to less -profitable areas. For example, if public providers cannot charge what it costs to provide services, there is a risk that they may postpone maintenance or infrastructure investments, reducing the quality of ser vice and limiting their ability to connect new customers. Mr. Speaker, these four amongst other problems in Bermuda’s water sector, as well as potential future risks, could lead to negative public health and environmental outcomes. These problems and ris ks may also contribute to higher costs for Bermudian households and businesses. In addition, they could jeopardise the country’s reputation as a premier vacation destination and an attractive location for global business. Therefore, Mr. Speaker, in 2018 the Cabinet authorised 1356 19 May 2023 Official Hansard Report
Bermuda House of Assembly the establishment of a working steering committee under the responsibility of the Ministry of Public Works with the objective of implementing the aforementioned recommendation to establish a regulatory oversight body for the water sect or. Mr. Speaker, to assist in this initiative, in 2021 the Ministry of Public Works retained the international water consulting firm Castalia LLC to contribute in the development of a regulatory framework to address Ber-muda’s water needs for the foreseeable future. This ex-ercise also included a review of similar countries and how their water sectors are organised and regulated. Mr. Speaker, in September and October 2022 public consultation began for the possible establish-ment of regulatory oversight for the water sector to ensure sustainable water management for Bermuda’s future. Through workshops with key stakeholders, online posts on the Bermuda Citizens Forum, social media events, radio interviews and other outreach channels to determine their view of the state of the industry to help guide regulation moving forward—arising out of this the Government has identified certain current and future risks concerning the industry. Mr. Speaker, these risks were then analysed by Castalia and technical officers who then incorpo-rated the results to form the basis for a second round of consultation which commenced on January 23, 2023, and is ongoing. Currently, outreach for this sec-ond round of consultation includes the following: 1. in-depth one- on-one consultations with key stakeholders; 2. an information booth that was located at the Agricultural Exhibition between the 27 th and the 29th of April 2023; 3. another Facebook Live event scheduled for May 30; and 4. a post on the Citizen’s Forum at forum.gov.bm which is open until May 31, which includes the public consultation documents for feedback and comments by the public. This second round of consultation ends on the 31st of May, and we welcome all feedback on this important initiative. The results from both consultation pe-riods will be taken into consideration when designing the recommended regulatory framework for Bermuda. The recommendation will address each of the risk s identified through the consultation process. Mr. Speaker, this Government believes in protecting our residents and Bermuda’s international rep-utation by reducing the health risks associated with a basic need. Without appropriate regulation, oversight and anticipating future needs, we could not ensure a healthy population nor a healthy environment. Mr. Speaker, as always, I will keep this Honourable House and the people of Bermuda informed as we progress. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Tourism and Cabinet Office. Minister, would you like to present your Statement now? Hon. Vance Campbell: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. FIRST QUARTER TOURISM MEASURES 2023 Hon. Vance Campbell: Mr. Speaker, I rise this morning to share the first quarter tourism measures with this Honourable House. Mr. Speaker and Honourable Members will be aware that the Bermuda Tourism Au-thority has reported incremental growth in visitor num-bers for the first …
Thank you.
FIRST QUARTER TOURISM MEASURES 2023 Hon. Vance Campbell: Mr. Speaker, I rise this morning to share the first quarter tourism measures with this Honourable House. Mr. Speaker and Honourable Members will be aware that the Bermuda Tourism Au-thority has reported incremental growth in visitor num-bers for the first quarter of 2023, signalling continued recovery in the industry. Our air leisure visitors were up 88 per cent over the same period in 2022 with the arri-val of 13,507 visitors. There were no cruise arrivals in 2021 or during the first quarter period in 2022; however, there were 13 calls in Q1 of 2023, and those 13 calls generat ed 22,784 visitors. Therefore, Mr. Speaker, total leisure visitors (cruise and air) totalled 36,291, an increase of 405 per cent. What is more, Mr. Speaker, estimated total expenditure by air visitors was $36.2 million and by cruise visitors was $5.3 million, leading to a combined total of more than $41 million, a year -over-year increase of almost $20 million, or 92 per cent. Mr. Speaker, as expected, vacation and leisure visitors remained the biggest component of total air ar-rivals contributing 55 per cent, followed by business visitors contributing 28 per cent. There was also growth in the visiting friends and relatives category, contributing 13 per cent of the arrivals during the period. Mr. Speaker, data continue to show the strength of the US as our primary visitor source. Sixty - two per cent of our total air visitors came from the US during the period. Canada contributed 15 per cent, and the UK contributed 12 per cent of our air arrivals. The remaining 11 per cent was split between Europe, the Carib bean, Asia and the rest of the world. Mr. Speaker, the average length of stay for business and leisure air visitors was five and six days, respectively, and thirteen days for those visiting friends and relatives. Mr. Speaker, our air capacity during the period was 73,175 seats, which was up 9.9 per cent over the same period in 2022. Our airline partners sold 54,288 of those seats to arriving passengers (which is inclusive of residents), representing a total load factor of 74.2 per cent. Mr. Speaker, the vast majority of the air arrivals, or 68 per cent, stayed in our hotels, while 7 per cent stayed in vacation rental properties and others stayed in a combination of boats/yachts, private homes or with friends and relatives. Hotel occupancy was 45.6 per cent, while vacation rental occupancy was recorded at 57.5 per cent.
Bermuda House of Assembly Mr. Speaker, Honourable Members will recall the tracking of the economic impact from superyachts expanded in 2022 to include all yachts. During the pe-riod, yacht arrivals increased by 13. 6 per cent, a total of 25 arrivals versus 22 in the previous year. The eco-nomic impact from yachts was recorded as $1.72 million, a 164.0 per cent increase compared to last year. Mr. Speaker, the first quarter measures bode well for the revival of our tourism sector. In the first quarter of the year, the Bermuda Tourism Authority has been actively focused on igniting new relationships and implementing creative advertising strategies to promote the Island. Notably, they became the first destination marketing organisation [DMO] to utilise 3D bill-boards, situated in New York’s bustling Times Square, effectively capturing the attention of the passer -by. Mr. Speaker, their successful Lost Yet Found campaign has garnered widespread recognition, showcasing the authenticity of the Island and its unique offerings. Mr. Speaker, to further engage visitors, the Authority hosted a range of captivating events, including Restaurant Weeks, the Celebrity Golf Invitational and Spa Month, providing unforgettable experiences for travellers. Furthermore, the sales team has been dedi-catedly working to re- establish business connections and attract new opportunities. Mr. Speaker, the Government looks forward to the renewed growth and development in the sector as we work with the BTA, BHA [Bermuda Hotel Association] and other key industry partners to stimulate hotel development, secure increased airlift, maintain cruise ship partnerships and implement programmes to en-sure an exceptional visitor experience for all. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Economy and Labour. Minister, would you like to put your Statement now? Hon. Jason Hayward: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. BERMUDA’S FOURTH QUARTER ECONOMIC PERFORMANCE Hon. Jason Hayward: Mr. Speaker, I am pleased to rise today to share with the Members of this Honoura-ble House the fourth quarter economic results . Mr. Speaker, the quarterly GDP and economic performance for Bermuda's economy continues to expand and show resilience. …
Good morning.
BERMUDA’S FOURTH QUARTER ECONOMIC PERFORMANCE Hon. Jason Hayward: Mr. Speaker, I am pleased to rise today to share with the Members of this Honoura-ble House the fourth quarter economic results . Mr. Speaker, the quarterly GDP and economic performance for Bermuda's economy continues to expand and show resilience. The Ministry of Finance estimated that the economy in 2022 would have grown by 3.4 per cent to 3.9 per cent in 2022. Quarterly GDP figures reflect a strong trend in that direction. The quarterly GDP estimates indicate that the economy has expanded by at least 5.9 per cent in nominal terms in 2022. In real terms, the inflation- adjusted economy is estimated to have grown by at least 2.9 per cent in 2022. Real GDP in the first quarter of 2022 has been revised upward from a 5.2 per cent increase to a 5.7 per cent increase, second quarter GDP has been revise d upward from a reported 3.9 per cent increase to a 6.8 per cent increase and the 5.0 per cent contraction in the third quarter has been revised to a 2.9 per cent contraction in quarterly GDP. In the fourth quarter of 2022 the economy returned to positive quarterly growth. After adjusting for inflation, the GDP in constant prices increased by 2.4 per cent in the fourth quarter of 2022. The level of economic expansion was a direct re-sult of increased household expenditure and growth in the export of goods and services. GDP in current prices increased by 5.6 per cent during the fourth quarter. Mr. Speaker, consumer spending in the fourth quarter increased 4.5 per cent year -over-year to $795.2 million. Consumption of services increased 6.1 per cent year -over-year, reflected in higher expenditure for accommodation services, air transport and catering services. Spending on durable goods rose by 4.8 per cent due largely to increased expenditure on furniture and furnishings, information processing equip-ment and mo torcycles. Mr. Speaker, employment income in the fourth quarter was 7.3 per cent above 2021 levels. Industries such as hotels, restaurants, international business, transport and communication reported strong growth in employee remuneration. The results for government expenditure showed that consumption declined 2.6 per cent during the fourth quarter with lower expenditure on equipment, rentals and salaries. Mr. Speaker, with respect to business investment, we report that gross capital formation declined 3.5 per cent to $208.9 million. Investment related to construction fell 1.4 per cent, while investment in machinery and equipment decreased by 5.5 per cent due to lower imports of agricultural machinery, office furni-ture and equipment, and industrial machine parts. Mr. Speaker, the fourth quarter balance of payments indicates that Bermuda’s trade with non- residents resulted in a $161 million surplus for the fourth quarter of 2022, down $64 million from a year ago. Ser-vices transactions realised a surplus of $45 milli on, narrowing $43 million year -over-year. The decrease in the surplus balance reflected decreases in the business services account and transportation account balance. The surplus on Bermuda’s primary income account rose by $12 million to $494 million due mainly to an in-crease in net employee compensation. Further, Mr. Speaker, reports show that the fourth quarter international investment position [IIP] for the stock of foreign assets held by Bermuda residents registered above its stock of foreign liabilities by an in-crease estimated at $4.3 billion. The net IIP increased by $569 million from the third quarter of 2022. Mr. Speaker, total business registrations increased by 0.8 per cent year -over-year, bringing the 1358 19 May 2023 Official Hansard Report
Bermuda House of Assembly complete business register to 16,103. There were 132 new businesses registered in Bermuda during the fourth quarter of 2022. Mr. Speaker, in conclusion, the Government continues to facilitate the expansion and sustainability of Bermuda’s economy by creating a business environment which allows businesses to thrive. Within the coming weeks the Government will be releasing an economic development strategy for Bermuda. The eco-nomic development strategy will provide a strategic framework that will guide Bermuda to sustainable eco-nomic growth and devel opment. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, I believe the next Statement is also in the name of the same Minister. Minister, would you like to continue? EXPANSION OF SUMMER EMPLOYMENT PROGRAMMES Hon. Jason Hayward: Mr. Speaker, I rise today to share the Government’s continued efforts to provide in-valuable opportunities for the next …
Thank you, Minister. Members, I believe the next Statement is also in the name of the same Minister. Minister, would you like to continue?
EXPANSION OF SUMMER EMPLOYMENT PROGRAMMES Hon. Jason Hayward: Mr. Speaker, I rise today to share the Government’s continued efforts to provide in-valuable opportunities for the next generation of work-ers. I am pleased to inform this Honourable House that the Workforce Development Department’s Summer Employment Programme h as increased the number of summer student placements available from 130 to 180 spaces for the 2023 programme. This increase is in direct alignment with goals 1 and 2 of the Government’s Youth Employment Strategy, which speaks to increas-ing opportunities for local training and expanding ca-reer support for young people from high school through to early employment. Mr. Speaker, summer student placements provide an excellent opportunity for young Bermudians to gain practical experience in a range of fields while also contributing to the work of our government and the community. These placements are an investment in our future workforce, and I am thrilled that we are able to offer these opportunities to even more young Bermudi-ans. We recognise the importance of these placements not only for the students who participate but also for the departments and agencies who benefit from the fresh perspectives and innovative ideas these students bring to the workplace. By expanding the number of summer student placements, we are creating more opportuni-ties for collaboration and growth. Mr. Speaker, the Department of Workforce Development offers two distinct programmes designed for students at varying levels in their academic careers. The university and college student Summer Employment Programme [SEP] provides college students with 10 weeks of work experience with a weekly stipend of $600. The programme’s objectives are to provide meaningful work experience, offer exposure to careers and employment opportunities within the government, create opportunities to gain leadership and decision-making skills, and encourage citizenship and service. Additionally, the programme aims to introduce participants to career and employment competency stand-ards and to foster the development of career goals by connecting work experience to academic learning. In 2022 the programme received a budget allocation of $450,000 and accommodated 80 students. This year the department has re- allocated $134,000 to support an additional 20 placements, making it possible for up to 100 college and university students to participate. For the high school student summer internship programme, the number of placements has been increased by 60 per cent, from 50 to 80, increasing the budget from $80,000 to $116,000. This programme provides young people aged 15 to 18 with practical and meaningful experiences in a safe, structured and pro-fessional environment, mentored while being coached by proprietors and business managers in both the private and public sectors. Students will be afforded a work shadow experience in their career interests for four weeks during the month of July and will be paid a stipend of $1,600 upon completion of the work experi-ence. Mr. Speaker, the aims and objectives of these two programmes vary, as the distinction between the two programmes is important given the age demo-graphic unique to the two groups. It is important to note that the Department of Workforce Development intends to re- allocate $170,000 to accommodate the increase in student placements for the 2023 Summer Employ-ment Programmes. Mr. Speaker, I am grateful to the government departments, private sector partners and personnel who have provided our young people with such rich and meaningful summer experiences. I would like to express my sincere gratitude and appreciation to all of our industry partners who continue to work with us in sup-port of our you ng people. Mr. Speaker, I would like to encourage the business community to consider extending summer employment and internships to our young people this year. It is crucial to provide our young people with op-portunities for meaningful work experience so that they in turn will become productive citizens within our com-munity. In closing, Mr. Speaker, I look forward to seeing the positive impact these programmes will have on the lives and careers of the young Bermudians who will participate. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister for Social Development and Seniors. Minister. FOSTER CARE MONTH ACTIVITIES Hon. Tinee Furbert: Good morning, Mr. Speaker. Bermuda House of Assembly Mr. Speaker, this morning I rise to inform this Honourable House that the …
Thank you, Minister. Members, the next Statement this morning is in the name of the Minister for Social Development and Seniors. Minister.
FOSTER CARE MONTH ACTIVITIES
Hon. Tinee Furbert: Good morning, Mr. Speaker.
Bermuda House of Assembly Mr. Speaker, this morning I rise to inform this Honourable House that the month of May is recognised as Foster Care Month , not just in Bermuda but throughout the United States. Each year the Department of Child and Family Services has taken the opportunity to publicly recognise the important role that foster parents, kinship parents and foster care workers play in supporting our children and their families. This year’s theme for the Foster Care awareness campaign is “Foster Bermuda’s Future .” Mr. Speaker, with this in mind, a number of activities have been scheduled during the month of May to both celebrate and enhance the Government’s Foster Care Programme. First, I will focus on the profes-sional training that was held during the first week of May in which the Department of Child and Family Ser-vices hosted a three- day kinship care training initiative and invited facilitator Mrs. Zelma Smith- Pressley from the United States to conduct customised training for the Bermuda foster care team specifically geared to the sensitive, delicate intricacies of kinship care. Mrs. Smith- Pressley is a child welfare consultant and trainer with over 45 years of experience in the field of child welfare. Mrs. Smith- Pressley delivered the Caring for our Own programme that centres around the full dynamics of what it means to become responsible for looking after one’s relatives with the added support of the Department of Child and Family Services which is referred to as kinship caregiving. She delivered two sets of training first to staff and then to the kinship care-givers. Mr. Speaker, let me explain what a kinship caregiver is. The word “kin” refers to any relative by blood, by marriage or by adoption with close family ties. In turn, a kinship caregiver reflects the full -time nurturing and protection of children who must be separated from their parents by relatives, godparents, step- parents or other adults who have a kinship bond with the children. In essence, kinship care is defined as out -ofhome foster care provided by a relative. Kinship placement of children enables them to live with persons they know and trust. The kinship placement reduces the trauma associated with living with persons who initially are unknown. Such placement supports the transmis-sion of a child’s family identity, culture and ethnicity, and strengthens the ability of families to give children the support they need. Mr. Speaker, as of December 2022, the Foster Care Programme in the Department of Child and Family Services had 26 children in kinship placement. Therefore, Mr. Speaker, I was very intentional to attend the first day of the three- day k inship professional training held on Wednesday, May 3. The overseas facilitator Mrs. Smith- Pressley engaged the full Foster Care Team of 10 officers in knowing and understanding the various best -practice methods for managing kinship care cases while making professional considerations for the ongoing intra- family dynamics. The training provided staff with greater insight into the curriculum that they will later use to facilitate training for future kinship caregivers. Key specific out-comes for staff who participated in this first day of pro-fessional training included the following: 1. being able to effectively support kinship families who have children placed in their homes; 2. identifying the benefits and challenges of using kinship placements from the perspecti ve of children, the birth parents and caregivers; and 3. identifying some of the emotions and life changes that kinship families experience in caring for children placed in their homes. Mr. Speaker, for a variety of reasons some of our children cannot remain with their families, and with assistance from the Department of Child and Family Services, foster parents provide a trusting connection for Bermuda’s foster children. As such, it is critical that foster kinship caregivers are provided with support and encouragement so that the immediate and longer -term needs of the children are met. Mr. Speaker, the next two full days of training on May 4 and 5 were dedicated to our kinship care families. They received training using a curriculum tailored for Bermuda including specially designed workbooks and journals. Of the 15 kinship families, 9 kinship par-ents participated. We appreciate the sacrifice of those kinship parents who took time from their jobs to attend the training. We thank their employers who allowed them the time off from work. The kinship caregivers had an opportunity to share their common experiences in caring for their relatives. Some of the key outcomes for the kinship caregivers were knowing: 1. how to meet the children’s emotional, physical, developmental and safety needs; 2. how to describe the impact of trauma and ad-verse life experiences of children placed in their care; 3. how to access both formal and informal ser-vices on behalf of the children; and 4. how to have an ongoing informal social support network with other kinship caregivers. Mr. Speaker, all three days of training were informative, interactive, purposeful and practical. The de-partment has received overwhelmingly positive feed-back from the kinship caregiver attendees at this training. I certainly commend the Foster Care Team under the leadership of Mrs. Selena Simons, the Foster Care Coordinator, for the vision to hold this training and fur-ther equip staff and our kinship caregivers to be the best. Mr. Speaker, other foster care promotional activities that have been implemented or are upcoming during the remainder of the month of May include inter-views about foster care on the government CITV sta-tion and advertising through electronic media and so-cial media informatics promoting foster care and foster parenting. 1360 19 May 2023 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, CITV interviews are with the Department’s Foster Care Coordinator, Mrs. Selena Simons who will be sharing information in three key ar-eas: (1) What is Foster Care? (2) Why do we need more foster care parents? and (3) How d oes one become a foster parent? Also, the Department’s Foster Care Social Worker, Ms Simone Romaine appears in part of the “What’s Happening in Government” series and on the Daily Hour show. The interviews with Ms. Romaine emphasise the importance and need for more foster parents. Bermuda has close to 60 foster families on the Island, and some of them are caring for more than one foster child at a time. However, the Department of Child and Family Services is currently looking for foster parents who can get involved and be on standby for pending emergencies. Mr. Speaker, on Thursday, May 11, I held a press conference to announce Foster Care Month. For those who watched, they would have seen in front of the Cabinet Building a PTB bus donning a specially de-signed foster parent recruitment banner across its rear windshield. These bus banners will be on display for the entire month of May encouraging persons to Be a Foster Parent and Foster Bermuda’s Future. Lastly, Mr. Speaker, this week Sunday, May 21, the Department of Child and Family Services will be hosting its annual Appreciation Tea for Foster Parents. This event will be held at the Royal Hamilton Amateur Dinghy Club. Foster parents will be individually recognised for the sacrifice, support and commitment that they have extended to the children placed in their homes. We truly appreciate our foster parents for the role that they play in Bermuda’s foster care system. The keynote speaker for the Appreciation Tea will be a young lady who spent time in foster care and now has graduated from university, qualifying as a special needs educator. Mr. Speaker, under the authority of the Children Act 1998, the Department of Child and Family Ser-vices is responsible for all child protection matters pertaining to young people ranging from newborns up to 18 years. As the department continues to make progressive steps to ensure the safeguarding of our chil-dren, I want to thank our foster parents, our kinship par-ents and the Foster Care Team at the Department of Child and Family Services for the valuable role that they all play in supporting Bermuda’s vulnerable children and families. Also, I encourage anyone who is inter-ested in becoming a foster parent to contact our Foster Care Coordinator, Mrs. Selena Simons at the Depart-ment of Child and Family Services at 294- 5871 or email smsimons@gov.bm. Please help us Foster Bermuda’s Future. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement is also in the name of the same Minister. Minister, would you like to present that Statement? Hon. Tinee Furbert: Thank you, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. NATIONAL CHILD SAFEGUARDING POLICY — WORKING TOGETHER TO SAFEGUARD CHILDREN Hon. Tinee Furbert: Mr. Speaker, this morning I rise to inform my honourable colleagues and the public about the development of a National Child Safeguarding Policy entitled Working Together to Safeguard Children which is a guidance document …
Go right ahead.
NATIONAL CHILD SAFEGUARDING POLICY — WORKING TOGETHER TO SAFEGUARD CHILDREN Hon. Tinee Furbert: Mr. Speaker, this morning I rise to inform my honourable colleagues and the public about the development of a National Child Safeguarding Policy entitled Working Together to Safeguard Children which is a guidance document for the Bermuda Na-tional Child Safeguarding Committee and sets direction for their mandate and work. Mr. Speaker, let me first provide a brief historical backdrop on the origin of developing this policy. During the Joint Ministerial Council held in 2015 it was agreed that Overseas Territories should lead a national response to child safeguarding to reiterate the commit-ment to delivering a zero- tolerance approach to child abuse in all of its forms and do everything that can be done to prevent harm, support victims and bring offenders to justice. It was also agreed that the UK Government and the Overseas Territories would work together and prioritise the safeguarding of children. Mr. Speaker , to ensure children’s needs are at the heart of the safeguarding system and environments are created in which all children have an equal opportunity to thrive, a child- centred and coordinated approach to safeguarding children needed to be adopted. This ap proach requires the collaboration of multi- agencies through the sharing of information and the under-taking of robust risk assessments. Mr. Speaker, in 2017 the formulation of a National Child Safeguarding Committee was approved. [The committee] later, in 2019, in alignment with section 11A of the Children Act 1998 and under the lead-ership of the Honourable Kathy Lynn Simmons JP, MP, and the Ministry of Legal Affairs, established a National Child Safeguarding Committee which demonstrated Bermuda’s commitment to guaranteeing a collaborative approach toward child safeguarding. Mr. Speaker, the National Child Safeguarding Committee comprises the following members: • Solicitor General; • Director of Child and Family Services; • Director of Court Services; • Commissio ner of Police; • Director of Public Prosecutions; • Permanent Secretary of the Ministry responsible for Child and Family Services; • Commissioner of Prisons; • Commissioner of Education; and • the Chief Medical Officer. Recently I appointed a representative from the Bermuda Hospitals Board, the Clinical Director of the Intellectual Disabilities Programme to join the Commit-tee, Mrs. Morrisa Rogers.
Bermuda House of Assembly Mr. Speaker, the National Child Safeguarding Committee has three broad aims, as follows: 1. to coordinate the Bermuda Government’s response to child safeguarding by drawing on cross- department knowledge, skills and expertise through a collaborative approach and align with constitutional and legislative responsibilities; 2. to develop effective multi -agency work to sa feguard children from all forms of abuse through comprehensive policies established from best practice; and 3. to foster collaboration with community partners and strengthen safeguarding, protection and prevention systems through a zero- tolerance approach to child abuse. However, Mr. Speaker, the overall purpose of the Child Safeguarding Committee is to develop a national plan of action. This plan of action includes making recommendations on effective mechanisms that will cause the authorities in Bermuda such as government ministries, departments, quangos and child- focused agencies to function in unison and develop the needed legislation, policies, procedures and activities to safeguard and promote the welfare of children in Bermuda. Mr. Speaker, in 2017 the UK Foreign Commonwealth Office [FCO] supported the visit of two FCO con-sultants to the Island to share with the National Safe-guarding Committee the work undertaken in the UK for child safeguarding. A mini -conference for all agencies represented on the com mittee was held at the Bermuda Underwater Exploration Institute where the consultants made several presentations. It was the information shared at this mini -conference that steered the subsequent development of a National Child Safeguarding Policy. Mr. Speaker, the Deputy Solicitor General who was Acting Chair of the National Child Safeguarding Committee at the time held a series of subsequent meetings with the committee members to strategically develop a policy gathering input from all agency representativ es. The Director of Public Prosecutions who was then acting as legal advisor to the Attorney General collated all the information from committee members and structured what is now the first -ever National Child Safeguarding Committee Policy for Bermuda, entitled “Working Together to Safeguard Children.” Mr. Speaker, the policy is structured around three broad objectives: 1. to strengthen the legislative framework; 2. to strengthen the collaborative framework; and 3. to strengthen the community protection frame-work . Each of these frameworks comprises specific recommendations to amend legislation or for the com-mittee to implement and/or execute activities collaboratively to safeguard and promote the well -being of our children in Bermuda. Mr. Speaker, the implement ation of the National Child Safeguarding Policy will place Bermuda in a better position when we have to report on compliance with the UN Convention on the Rights of the Child. Mr. Speaker, the Child Safeguarding Policy will be placed on the Ministry’s website at www.gov.bm . As such, I encourage my honourable colleagues, the general public and the community at large to read the policy “Working Together to Safeguard Children.” We must all be agents of change and be proactive in preventing our children from all forms of abuse. Mr. Speaker, in closing I extend my sincere thanks to Child Safeguarding Committee members for their diligence in working collaboratively to bring this policy to fruition. The Government of Bermuda remains steadfast in providing our c hildren with the protections that are necessary to safeguard them so that they feel safe and can flourish to become productive members of our community. The future of our Island is dependent on our children, so let us work together to safeguard them now for their future destinies. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, this brings us to a close of the Ministerial Statements this morning. We will now move on to the next item. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerThis morning, Members, along with the questions that have been created from the Statements that were given this morning, we have a series of written questions as well. And we will start with the written questions and then m ove on to the questions from the Statements. The first written …
This morning, Members, along with the questions that have been created from the Statements that were given this morning, we have a series of written questions as well. And we will start with the written questions and then m ove on to the questions from the Statements. The first written question this morning is from MP Dunkley to the Premier. He has two written ques-tions. I have already acknowledged to him and the Premier that the first written question is subject to Standing Order 17(5)(g)(ix), which indicates that the information has already been available to this House in a prior sitting. So we will not have that question this morning. But, MP Dunkley, you are quite welcome to put your second question. And the clock starts now.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker, and good morning to colleagues. Mr. Speaker, I believe you said written questions. Just for clarifications, it is oral.
The SpeakerThe SpeakerYes. It is a written question, but [with] oral responses. 1362 19 May 2023 Official Hansard Report Bermuda House of Assembly QUESTION 1: FINTECH ADVISORY ROLE —UNPAID POSITION Hon. Michael H. Dunkley: Okay. Thank you, Mr. Speaker. Mr. Speaker, the question to the Honourable Premier: Will the Honourable Minister please …
Yes. It is a written question, but [with] oral responses.
1362 19 May 2023 Official Hansard Report
Bermuda House of Assembly QUESTION 1: FINTECH ADVISORY ROLE —UNPAID POSITION
Hon. Michael H. Dunkley: Okay. Thank you, Mr. Speaker. Mr. Speaker, the question to the Honourable Premier: Will the Honourable Minister please provide this Honourable House the rationale for making the advisor role an unpaid position? And that refers to the FinTech advisory role, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, the particular advisor in question asked for the contract to be amended to an unpaid arrangement.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARIES Hon. Michael H. Dunkley: Mr. Speaker, while I appreciate the answer, it really is not a full answer in itself. There must be some reason w hy the Honourable Minister can provide why the contracted person asked it to be put to an unpaid position. So supplementary, Mr. …
Supplementary?
SUPPLEMENTARIES
Hon. Michael H. Dunkley: Mr. Speaker, while I appreciate the answer, it really is not a full answer in itself. There must be some reason w hy the Honourable Minister can provide why the contracted person asked it to be put to an unpaid position. So supplementary, Mr. Speaker: Was there any other arrangement with Government that could have resulted in remuneration going to the individual, personally to himself or through a company, impacting that decision to make it an unpaid advisor position?
The SpeakerThe SpeakerResponse, Minister. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, the Honourable Member keeps referring to a decision made by the Government. And I will repeat the answer to the question which I gave be-fore, that the particular advisor in question asked for the contract to be amended …
Response, Minister.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, the Honourable Member keeps referring to a decision made by the Government. And I will repeat the answer to the question which I gave be-fore, that the particular advisor in question asked for the contract to be amended to an unpaid arrangement. It is important to note, Mr. Speaker, that there are technical officers who work in the Economic Development Department advancing matters related to FinTech. The advisor in question is not the only person who works on these particular matters. But as he is referring to a decision that was made, the request came from t he person to turn it to an unpaid position.
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARIES
Mr. Scott PearmanYes. Thank you. What was the date of that request? When was the rationale put into effect? Thank you.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I will seek to get that information. It was not part of the question, so I do not have an answer to that.
Mr. Scott PearmanSecond supplementary. Can the Pr emier assist? Roughly, I mean, what year are we talking about?
The SpeakerThe SpeakerHe has made a commitment to provide the information.
Mr. Scott PearmanGrateful for the commitment. Thank you, Mr. Speaker.
The SpeakerThe SpeakerOkay. Anyone with a second supplementary? MP Dunkley, your second supplementary. SUPPLEMENTARY Hon. Michael H. Dunkley: Yes, Mr. Speaker. Can the Honourable Premier assure this Honourable House and the people of Bermuda that this de-cision had nothing to do with the implementation of the travel authorisation form? Hon. E. David …
Okay. Anyone with a second supplementary? MP Dunkley, your second supplementary.
SUPPLEMENTARY Hon. Michael H. Dunkley: Yes, Mr. Speaker. Can the Honourable Premier assure this Honourable House and the people of Bermuda that this de-cision had nothing to do with the implementation of the travel authorisation form? Hon. E. David Burt: Mr. Speaker, I know that the Honourable Member wants to engage in speculation. And I will only repeat the answer to the question: The request came from the specific advisor to the techni cal officer responsible for administering and overseeing the contract, that the contract be amended to an unpaid ar-rangement.
The SpeakerThe SpeakerMP Jackson, supplementary? SUPPLEMENTARIES
Ms. Susan E. JacksonGood morning, Mr. Speaker. Yes. I am just curious. Are there any other unpaid advisors working with the government right now? [Inaudible interjections ] Hon. E. David Burt: Mr. Speaker, I can refer to the first question and the answer given that this i nformation is already in the public …
Good morning, Mr. Speaker. Yes. I am just curious. Are there any other unpaid advisors working with the government right now?
[Inaudible interjections ]
Hon. E. David Burt: Mr. Speaker, I can refer to the first question and the answer given that this i nformation is already in the public domain as they have already asked questions on that and have the answers. And all of those matters are in the Hansard.
The SpeakerThe SpeakerOkay. The Premier has indicated that a similar question that would have provided an answer has been Bermuda House of Assembly asked previously in the Question Period, which means it is in our Hansard. And as Standing Order 17 [indicates], which I quoted earlier, once the information has been provided …
Okay. The Premier has indicated that a similar question that would have provided an answer has been
Bermuda House of Assembly asked previously in the Question Period, which means it is in our Hansard. And as Standing Order 17 [indicates], which I quoted earlier, once the information has been provided here, there is no need to put the question a second time.
The SpeakerThe SpeakerSure. You have got a second supp.
Ms. Susan E. JacksonI am just curious. Are any of those unpaid advisors who have been publicly listed, still working for government?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I am uncertain, Mr. Speaker, as to the status. I do know that Dr. Weldon was an unpaid scientific advisor in that particular role. I know that this is a matter of public record, but that is no longer the case. I do need to …
Premier.
Hon. E. David Burt: I am uncertain, Mr. Speaker, as to the status. I do know that Dr. Weldon was an unpaid scientific advisor in that particular role. I know that this is a matter of public record, but that is no longer the case. I do need to . . . the now -Ambassador to the UAE [United Arab Emirates] from the Government of Barbados was an unpaid FinTech advisor for the Government of Bermuda, and he did resign that role upon his ap-pointment as ambassador to the United Arab Emirates. At thi s time I do not believe there is any other, but I do not want to misspeak. And [the Honourable Member] said that I am misleading the House. But that is not a question that was answered, but that is to the best recollection that I can give.
The SpeakerThe SpeakerOkay. All right. No further supplementaries from anyone?
The SpeakerThe SpeakerThank you. Premier, that is the first of your written questions from MP Dunkley. Premier, I also believe you have written questions from MP Jackson, who has three questions in her series of questions to you this morning. MP Jackson, would you like to put your first question? And each …
Ms. Susan E. JacksonYes. Mr. Speaker, I did receive correspondence from t he Permanent Secretary, or Acting Permanent Secretary, to say that question 1 may be received in a written statement, a written answer.
The SpeakerThe SpeakerWell, the explanation is that under the first assessment, I told you it was going to be quite long and they were going to give you a written, but I believe the Premier has been able to tailor it so that he can do it as an oral response. Ms. …
The SpeakerThe SpeakerSo you will get an oral response. QUESTION 1: LIST OF CONTRACTS AND/OR CONSULTING POSITIONS APPROVED BY THE HEAD OF THE PUBLIC SERVICE FROM 1 JANUARY 2022 TO PRESENT
Ms. Susan E. JacksonThank you, Mr. Premier. My first question is to the Honourable Premier and Minister of Finance: May he please provide to this Honourable House a list of contracts and/or consulting positions that have been approved by the Head of the Public Service from the 1 st of January 2022 to …
Thank you, Mr. Premier. My first question is to the Honourable Premier and Minister of Finance: May he please provide to this Honourable House a list of contracts and/or consulting positions that have been approved by the Head of the Public Service from the 1 st of January 2022 to today ? This would be inclusive of the contract amount and the company or individual the contract is with .
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, in answer and response to this question, though the question did not ask the term of the consultancy arrangements, I will also provide that as a part of my answer for context so persons do not take things out of context. I will begin. Richard James, Public Sector Negotiation Team, $5,000 a month, 1 February 2022 to 31 December 2022. Josephine Harmon, Public Sector Negotiation Team, $5,000 per month, 1 February 2022 —ongoing. Stephen Todd, Public Sector Negotiation Team, $5,000 per month, 1 February 2022 —ongoing. Anthony Howell, Washington, DC, Office Representative, $95,000, term 2 May 2022 to 30 April 2023. Kevin Dacosta, IT Support, $26.25/hour, term 1 January 2023 to 31 December 2023. Wayne Dill, IT Systems Analyst, $100 per hour, term 1 April 2022 to 31 May 2022. That contract has been extended. Patrick Grant, Teacher Training, $4,823.96, from the 24th to the 30th of October 2022. KPMG, Education Reform Unit, $150,000, term 1 April 2022 to 29 July 2022. Sandtech, Education Reform Unit, $250,000, term 1 April 2022 to 29 July 2022. Dennis Pimentel, Education Reform Unit, $2,000, term 1 January 2023 to 31 December 2023. Oronde Walker, Policy Analyst, $9,534 a month, 1 February 2022 to 30 April 2022. Ryan Robertson- Perinchief, Policy Analyst, $8,750 a month, 1 June 2022 to 31 October 2022. Derrick Burgess, Cost of Living Commission, $1,062 per month, 1 April 2022 to 31 December 2022. Stack Solutions, Payroll Tax Rebate, contract amount approved by the Head of the Public Service, $97,000, term 1 October 2022 to 28 February 2023. Infolytics, Econometric Analytics, $5,000 per month, term 19 December 2022 to 30 April 2023. Chardonnai Hughes, Legal Policy Advisor, $8,580 a month, 19 December 2022 to 30 June 2023. 1364 19 May 2023 Official Hansard Report
Bermuda House of Assembly Deborah Blakeney, Stamp Duty, $200 an hour, 1 February 2022 to 31 July 2022. Nicole Hartman, Administrative Support, Official Receiver, $36.50 an hour, 2 May 2022 to 31 December 2022. Aymori Duncan, Compliance , $58 an hour, 1 August 2022 to 31 January 2023. Kevin Swan, Compliance, $58 an hour, 2 May 2022 to 31 October 2022. Savelle Thomas, Compliance, $40 an hour, 2 May 2022 to 31 October 2022. Peter Sousa, IT Support, $87 per hour, 2 May 2022 to 1 May 2023. Claire Fitzpatrick, C ompliance, $101 an hour, 1 July 2022 to 30 June 2023. Camille Walker, Legal Policy Advisor, $79 an hour, 1 July 2022 to 30 June 2023. Jeanne Norville, Support Officer of the Official Receiver, $60 per hour, 21 June 2022 to 20 June 2023. Jo Ann Furbert, Licensing Enforcement, $71.42 per hour, 1 August 2022 to 31 October 2022. Suzanne Mayo, Licensing Enforcement, $64.28 per hour, 1 August 2022 to 31 July 2023. Lisa Mayo, Enforcement , $88.24 per hour, 1 October 2022 to 30 September 2023. Pradeep Ambrose, COVID -19 Testing Analysis, $65 an hour, 1 February 2022 to 28 February 2022. To Be Confirmed. That means that no position or consultant has been decided, but permission has been granted by the Head of the Public Service. And as the question asked approvals that were given, this is for an agronomist, $10,000 a month, January 20, 2023, to December 2026. Ian Seymour, Independent Planning Inspector, $123.75 per hour, 1 June 2022 to 31 May 2025. Danielle Wood, Environmental Vulnerability, $50,000, term 21 March 2022 to 31 March 2023. Ianthia Simmons -Wade, Office of the Public Guardian, $5,000 per month, 1 April 2022 to 31 March 2023. Kyla Corbin, Constitutional Reforms, $50,000, term 1 July 2022 to 1 October 2022. Brian Eaton, Legislative Draftsper son, $100 per hour, 1 September 2022 to 31 August 2023. Maxine Bean, Binns Legislative Analyst, $150 an hour, 21 November 2022 to 20 December 2022. Steven Hass, Staff Training, $6,750, term 9 February 2022 to 25 February 2022. Takiyah Burgess, Acting Magistrate, $88.61 per hour, 6 October 2022 to 31 March 2023. Maria Sofianos, Acting Magistrate, $86.61 per hour, 6 October 2022 to 31 March 2023. Mark Pettingill, Acting Magistrate, $754.39 per week, 1 August 2022 to 31 July 2023. Kenlyn Swan, Acting Magistrate, $86.61 per hour, 28 April 2022 to 31 March 2023. Hugh Southey, Assistant Justice, $1,000 per day, duration of case. Ashley Fubler, Junior Legal Aide Counsel, $6,170.80 per month, 23 May 2022 to 22 July 2022. Russan Francis, Special Projects in the Ministry of National Security, $9,534.06 per month, 28 No-vember 2022 to 28 November 2023. Tanisha Figgin, Forensic Scenes of Crime Unit, $7,639 per month, 1 October 2022 to 30 September 2023. Andrew Jones, Intelligence Analyst, $7,639 per month, 1 April 2022 to 31 March 2023. Malachi Symonds, Horticulturalist, $7,461.37 per month, from 2 October 2022 to 31 December 2022. Mark Fields, Mechanical Engineer, $75.90 an hour, 1 May 2022 to 31 October 2022. Michael Murphy, Project Manager, $175 an hour, 1 February 2022 through to 31 January 2025. Clarkson Trott, Solid Waste, $75 per hour, 14 November 2022 to 1 April 2023. Cyberdyne, Network Security, $95,000, term 16 February 2023 to 15 June 2023. Alexia Hefti, Advisor of a Lease, $20,000 a month, 1 Apr il 2023 to 31 March 2024. Andrew Parsons, Public Sector Negotiation Team, $5,000 per month, February 2023 to December 2023. JLN Franklin, Concierge Engagement Services, $17.02 per hour, 1 April 2023 to 30 June 2023. Dana Selassie, Education Reform Communications, $125,000, 31 January 2023 to 31 December 2023. Michael Bond, Strategic Advisor Southampton Princess, $1,875 per hour, 1 January 2023 through 30 April 2023. Pat Phillip -Fairn, Strategic Communications, $175 an hour, 3 January 2023 to 31 March 2023. Michael Regan, Global Tax Advisor, $450 an hour, 6 January 2023 to 30 June 2 023. Duana and Witty Burrows , Licensing Enforcement, $60 per hour, 22 March 2023 to 31 March 2024. Terwan Lister, Compliance, $70 an hour, 10 April 2023 to 31 March 2024. Richelene Woolridge, Licensing Enforcement, $60 an hour, 27 March 2023 to 31 Marc h 2024. Brett Lefkowitz, Health Disaster Mentor Trainee, $86.60 per hour, 1 April 2023 to 31 December 2023. KPMG, Universal Health Care, $2,480 per day, 1 January 2023 to 30 June 2023. Laure Marshall, Universal Health Care, $83.72 per hour, 1 January 2023 to 30 June 2023. Cathryn Balfour Swain, Legislative Draftsperson, $100 per hour, 12 February 2023 to 30 April 2023. Myron Simmons, Counsel, $13,721.96 per month, 1 April 2023 to 30 June 2023. Laura Robinson, Psychologist, Great British Pounds of £ 160 per hour, 1 April 2023 to 31 July 2023. National Security Contract Firefighters 2028, $5,850.30 per month, 3 July 2022 to 31 March 2023.
Bermuda House of Assembly And the note from the Head of Public Service says the term has been extended. National Security Renee Rock, Investigator, $7,639, term 1 April 2023 to 31 March 2024. Nikita Trott, Agricultural Exhibition, $5,000 for 1 March 2023 to 30 April 2023. Thomas R. Green e, Operations Controller, $52.91 per hour, 8 March 2023 to 7 June 2023.
The SpeakerThe SpeakerThank you, Premier. Supplementaries? No supplementary? Second question? Would you like to do your second question now?
Ms. Susan E. JacksonAm I allowed to sort of abbreviate? Because the list could be three times as long. But my second question is, Wondering whether the Honourable Premier/the Minister of Finance could just give us an indication of whether each one of those suppliers and contractors was part of a full request …
Am I allowed to sort of abbreviate? Because the list could be three times as long. But my second question is, Wondering whether the Honourable Premier/the Minister of Finance could just give us an indication of whether each one of those suppliers and contractors was part of a full request for pro-posal for the consulting positions and the contracts that were listed?
[Inaudible interjections] Hon. E David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, could I possibly with your indulgence, for the information —
[Inaudible interjections]
The SpeakerThe SpeakerMembers, Members, Members, I need to hear the Premier. Hon. E David Burt: For the information of persons who are listening and just as a matter for a point of order, could I ask that you ask the Honourable Member to put the question that was actually submitted so that …
The SpeakerThe SpeakerOh, yes. MP, you were not do ing a supplementary, right? You were doing your second question?
The SpeakerThe SpeakerOkay. Can you read the second question as it is printed, yes? QUESTION 2: LIST SUPPLIER/CONTRACTORS INVITED TO PARTICIPATE IN EACH OF THE RE-QUESTS FOR PROPOSAL (RFPS) FOR CO NSULTING POSITIONS AND CONTRACTS LISTED IN QUESTION 1
Ms. Susan E. JacksonSure. Will the Honourable Premier and Minister of Finance please provide this Honourable House a list of each supplier/contractor invited to participate in each of the requests for proposal (RFPs) for the con sulting positions and contracts listed in question 1?
The SpeakerThe SpeakerThank you. Premier. Hon. E David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, from the Head of the Public Service, question 2 cannot be answered. Consultants are not engaged following a request for proposal process. Consultants are engaged under Financial Instructions section 10.5, Procurement of goods and services, …
Thank you. Premier. Hon. E David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, from the Head of the Public Service, question 2 cannot be answered. Consultants are not engaged following a request for proposal process. Consultants are engaged under Financial Instructions section 10.5, Procurement of goods and services, and works are governed by the code of practi ce for project management procurement to code. Such procurement may include a request for proposal. The coding refers to consultants at section 36 where it s tates that the requirements of Financial Instructions prevail. Financial Instructions section 10.5 clearly set out the require-ments for the engagement of consultants. Many consultants are engaged by public officers to fill roles temporarily. It sets out what a consultant is as defined in Financial Instructions . And I am happy to refer the Honourable Mem ber to page 38 of Financial Instructions in section 2.5. I have a hard copy if the Honourable Member would like to view it afterwards .
The SpeakerThe SpeakerOkay. Would you like to move on to your third question? QUESTION 3: SUPPLIER/CONTRACTORS —REASONS WHY UNSUCCESSFUL APPLICATIONS WERE NOT SELECTED
Ms. Susan E. JacksonYes, please. Thank you. I am wondering whether the Honourable Premier/Minister of Finance will please provide this Honour-able House the reasons why any unsuccessful applications were not selected for the positions or contracts listed in the answer to question 1? Hon. E David Burt: Thank you, Mr. Speaker. From the …
Yes, please. Thank you. I am wondering whether the Honourable Premier/Minister of Finance will please provide this Honour-able House the reasons why any unsuccessful applications were not selected for the positions or contracts listed in the answer to question 1? Hon. E David Burt: Thank you, Mr. Speaker. From the Head of the Public Service, question 3 follows from question 2. And given the answer that I gave in question 2, the question cannot be answered. 1366 19 May 2023 Official Hansard Report
Bermuda House of Assembly Ms. Susan E. Jackson: Thank you.
The SpeakerThe SpeakerNone? Okay. Thank you. Members, that concludes the written questions from MP Jackson to the Premier. We now have the third set of written questions, but they had sought written responses. And they were from the Deputy Opposition Leader. I named it in that I would like to acknowledge today …
None? Okay. Thank you. Members, that concludes the written questions from MP Jackson to the Premier. We now have the third set of written questions, but they had sought written responses. And they were from the Deputy Opposition Leader. I named it in that I would like to acknowledge today that there was a re-quest that as he is acting as Leader today in the ab-sence of the Opposition Leader, could he sit in the seat that he is sitting in right now? And that was granted for him (on behalf of those wondering why he is sitting there). But my question then of the Deputy Opposition Leader is, Do you have your responses for all three questions?
Mr. Jarion RichardsonYes. Good morning, Mr. Speaker. And I have received the answers as re-quested. QUESTIONS ANSWERED IN WRITING : 31 PRIORITY INITIATIVES IN THE ECONOMIC RECOVERY PLAN
Mr. Jarion RichardsonWill the Honourable Minister please confirm for this Honourable House that the Ministry owners in the 31 prior-ity initiatives are still ident ical to these in the March 2021 Economic Recovery Plan Report, or provide the House with an updated Report?
Mr. Jarion RichardsonWill the Honourable Minister please provide this Honourable House with a listing of the Programme Names, Business Units and Heads from the Approved Estimates of Revenue and Expenditure for the Year 2023/24 for each of the 31 thematic initi-atives outlined in the Economic Recovery Plan?
Mr. Jarion RichardsonWill the Honourable Minister please provide this Honourable House with the timeline for the underlying activities and completion of the 31 priority initiatives in the Economic Recovery Plan?
The SpeakerThe SpeakerOkay. Thank you. Thank you, Members. That brings us to a close of the written question period this morning. We will no w move on to the questions from Statements that were given today. And the first Statement that Members have questions on is the Statement by Madam Attorney General. …
Okay. Thank you. Thank you, Members. That brings us to a close of the written question period this morning. We will no w move on to the questions from Statements that were given today. And the first Statement that Members have questions on is the Statement by Madam Attorney General. Deputy Opposition Leader, would you like to put your question?
QUESTION 1: FINANCIAL SANCTIONS IMPLEMENTATION UNIT UPDATE
Mr. Jarion RichardsonThank you, Mr. Speaker. Would Madam Attorney General please inform this Honourable House as it relates to the engagement question or as it relates to industry engagement men-tioned on page 11 of her Statement, could she describe the nature, type and anticipated dates of engagement with industry?
The SpeakerThe SpeakerMadam Attorney General. Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. The industry engagement is ongoing. As a part of the industry the Member will have received the noti-fication from the Sanctions Unit on an ongoing basis. And I remain steadfast in my commitment to this unit. And they will …
Madam Attorney General. Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. The industry engagement is ongoing. As a part of the industry the Member will have received the noti-fication from the Sanctions Unit on an ongoing basis. And I remain steadfast in my commitment to this unit. And they will provide the updates as they go along with the engagement. These are public notifications that all indus try stakeholders receive.
Mr. Jarion RichardsonWould the Honourable Attorney General be able to clarify if any further people or further stakeholders will be involved in the engage-ments going forward beyond the current industry group?
The SpeakerThe SpeakerMadam Attorney General. Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. That will be determined by the unit. And if further stakeholders need to be engaged, they will be no-tified accordingly.
The SpeakerThe SpeakerNo other supps? Bermuda House of Assembly Madam Attorney General, you also have questions from MP Pearman. MP Pearman, would you like to put your question? QUESTION 1: FINANCIAL SANCTION S IMPLEMENTATION UNIT UPDATE
Mr. Scott PearmanThank you, Mr. Speaker. And I thank the Honourable and Learned Minister for her presentation today and her Statement to this House on Bermuda’s financial sanctions response to Russia’s unprovoked attack on t he Ukraine. My first question arises from page 4 of her Statement. She identified that there would …
Thank you, Mr. Speaker. And I thank the Honourable and Learned Minister for her presentation today and her Statement to this House on Bermuda’s financial sanctions response to Russia’s unprovoked attack on t he Ukraine. My first question arises from page 4 of her Statement. She identified that there would be general licences issued in the UK and set out a number of criteria there at page 4 of her Statement. So she also con-firmed elsewhere in her Statement that four general licences have been issued by her. I think that is at page 9. My question is, What was the general nature of the general licenses that have been issued from Ber-muda or in respect to Bermuda?
The SpeakerThe SpeakerMadam Attorney General. Hon. Kathy Lynn Simmons: I have just lost my email. One second, Mr. Speaker.
The SpeakerThe SpeakerOkay. One moment for technical matters. [Pause]
The SpeakerThe SpeakerTicking slow. There we go. Hon. Kathy Lynn Simmons: Apologies. I just wan t to highlight the one that is of note and importance to this country. The Member will have noticed that I made mention in my Statement of the first one that was issued to Bermuda, and that …
Ticking slow. There we go. Hon. Kathy Lynn Simmons: Apologies. I just wan t to highlight the one that is of note and importance to this country. The Member will have noticed that I made mention in my Statement of the first one that was issued to Bermuda, and that was over a notable occasion. And that was in relation to my . . . and I highlight this one in particular because it was a ves-sel’s general licence that was issued in October of 2022. And this was issued providing regulation on the provision of technical assistance, financial services and funds and brokering services related to vessels. That was key in Bermuda because it enables reinsurance industry to provide where applicable reinsurance services and/or coverage to UK -based insurance companies in respect of Russia vessels. It would take me all morning to highlight the details of the licences. What I can do for the Member is to have my team provide that information. It is quite fulsome, and I am happy to provide that if he wishes. Thank you, Mr. Speaker.
Mr. Scott PearmanThank you, Mr. Speaker. Supplementary? The Spe aker: Yes, supplementary. SUPPLEMENTARIES
Mr. Scott PearmanYes. When the Honourable and Learned Minister was identifying the various grounds for the granting of general licences at the top of page 5, one of the reasons given was to align the UK’s approach closely with the approach of its allies. My supplementary is, Is the harmonisation by the …
Yes. When the Honourable and Learned Minister was identifying the various grounds for the granting of general licences at the top of page 5, one of the reasons given was to align the UK’s approach closely with the approach of its allies. My supplementary is, Is the harmonisation by the UK a softening of the UK’s position or a hardening of the UK’s position to align with its allies? Thank you. Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. The position is fluctuating depending on the circumstances of, I would say, the sanctions environment. And it is not a static exercise.
Mr. Scott PearmanThank you. Also, right there at the top of page 5 of the Statement, the Minister said the sanction forum also provided participants information regarding potential general licences that may be considered in future. Keeping it at a ver y high level, Minister, what sort of general licences might potentially …
Thank you. Also, right there at the top of page 5 of the Statement, the Minister said the sanction forum also provided participants information regarding potential general licences that may be considered in future. Keeping it at a ver y high level, Minister, what sort of general licences might potentially be granted in the fu-ture that differ from the ones you have identified?
The SpeakerThe SpeakerAttorney General. Hon. Kathy Lynn Simmons: Once again, Mr. Speaker, they are particular to the cir cumstances that arise. And as they are put in the public domain, the Member will be notified accordingly. So without going into granular detail, I think that is the best I can provide him …
The SpeakerThe SpeakerYes. QUESTION 2: FINANCIAL SANCTIONS IMPLEMENTATION UNIT UPDATE
Mr. Scott PearmanAnd this arises at page 2 of your Statement where you indicated that the forum was looking into how licences are being used and understanding the various legal structures. Are you aware of 1368 19 May 2023 Official Hansard Report Bermuda House of Assembly any misuse of licences or occurrences …
And this arises at page 2 of your Statement where you indicated that the forum was looking into how licences are being used and understanding the various legal structures. Are you aware of 1368 19 May 2023 Official Hansard Report
Bermuda House of Assembly any misuse of licences or occurrences of misuse of licences that have been granted for Bermuda? Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. I am not aware of any misuse at this time.
Mr. Scott PearmanNo supplementary. My third question, please, Mr. Speaker.
The SpeakerThe SpeakerThird question. Yes. QUESTION 3: FINANCIAL SANCTIONS IMPLEMENTATION UNIT UPDATE
Mr. Scott PearmanYes. And this is at page 11 of your Statement, please, Honourable and Learned Minister, where you refer to the frozen assets totalling . . . and I believe these to be Bermuda frozen assets totalling over $219 million of frozen assets. Again, keeping the question at a very high …
Yes. And this is at page 11 of your Statement, please, Honourable and Learned Minister, where you refer to the frozen assets totalling . . . and I believe these to be Bermuda frozen assets totalling over $219 million of frozen assets. Again, keeping the question at a very high level, I do not need specifics, but could you give us a flavour of where those freezings have occurred? Are those bank accounts held or are those ships frozen, et cetera? Again, keeping it generic and at a high level.
The SpeakerThe SpeakerYes. Hon. Kathy Lynn Simmons: Yes, that is a very difficult question to answer without the detail that is associated with that particular question. It is actually quite multi - faceted and it is related to the different sanctions that are issued in relatio n to different designated persons. So …
Yes. Hon. Kathy Lynn Simmons: Yes, that is a very difficult question to answer without the detail that is associated with that particular question. It is actually quite multi - faceted and it is related to the different sanctions that are issued in relatio n to different designated persons. So it is almost impossible for me to answer that ques-tion without getting detailed information from both Gov-ernment House UK and my Sanctions Team. But I am happy to provide that information if I can to the Member.
The S peaker: Supplementary?
SUPPLEMENTARY
Mr. Scott PearmanYes, supplementary. Given the considerable sum that has been frozen, and my compliments on $219 million of Russian assets being frozen, does the Honourable Minister figure that that really is the l ump of it that would be present or related to Bermuda? Or does the Honourable Minister feel that …
Yes, supplementary. Given the considerable sum that has been frozen, and my compliments on $219 million of Russian assets being frozen, does the Honourable Minister figure that that really is the l ump of it that would be present or related to Bermuda? Or does the Honourable Minister feel that there are more assets out there that might still be frozen?
Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. This is an ongoing exercise. And I can guarantee that if I was back in this House in six months that figure would actually likely to be increased.
Mr. Scott PearmanNo supplementaries. Thank you, Mr. Speaker, and thanks to the Honourable Minister.
The SpeakerThe SpeakerThank you. Attorney General, that is the end of the questions for you from your Statement this morning. We now move on. Minister of Works, there are Member s who wish to put questions to you in regard to your Statement this morning. The first is MP Cannonier.
The SpeakerThe SpeakerThe Shadow Minister, yes. QUESTION 1: SUSTAINABLE WATER MANAGEMENT FOR BERMUDA’S F UTURE
Mr. L. Craig CannonierYes, two quick questions. On page 2, the Honourable Minister speaks of the Front Street wastewater treatment plant and how . . . I do not know if it is new filters or more filters or the likes to help with the situation we are having on South Shore with …
Yes, two quick questions. On page 2, the Honourable Minister speaks of the Front Street wastewater treatment plant and how . . . I do not know if it is new filters or more filters or the likes to help with the situation we are having on South Shore with the grease balls. Just curious: Are we doing better there? Have we gotten more reports of grease balls on South Shore, or less? Is the filtration system with the filters working any better for us?
Lt. Col. Hon. David A. BurchMr. Speaker, I think we are doing better in terms of grease balls. But there still is a level of concern that the work that is carried out at the waste . . . it is not really a waste treatment plant. It is a waste pumping station on Front …
Lt. Col. Hon. David A. BurchIt does not actually treat the waste. And so we are still pumping raw waste into the ocean, which is the biggest challenge.
Mr. Scott PearmanIs the Honourable Minister considering an extension of the pipe off the South Shore?
Lt. Col. Hon. David A. BurchMr. Speaker, that is a matter for the Corporation of Hamilton. And to be per-fectly honest, they have not been cooperative in terms of joining with us to address the water and wastewater Bermuda House of Assembly situation in the country. They have an opposite view to ours in terms …
Mr. Speaker, that is a matter for the Corporation of Hamilton. And to be per-fectly honest, they have not been cooperative in terms of joining with us to address the water and wastewater
Bermuda House of Assembly situation in the country. They have an opposite view to ours in terms of our ability to address it and have expressed it. I did at one stage refuse to allow the expan-sion of the works at the pumping station based on the advice of our own water and wastewater engineer, that there were other steps that they could have taken at a bit more cost. But it would have at least contributed some effort to treating the waste as opposed to just pumping it. I have since approved some improvements there. But it still does not meet the standard that would be acceptable internationally.
Mr. Scott PearmanThank you for that answer, Honourable Minister. Has the potential extension of the pipe . . . is that something that has been costed? And if it has, do you know the cost?
Lt. Col. Hon. David A. BurchI do not think it has been costed. I am not aware. And I have not seen any of those indications in those resolutions that have been presented to me for approval.
The SpeakerThe SpeakerSecond question, yes. QUESTION 2: SUSTAINABLE WATER MANAGEMENT FOR BERMUDA’S FUTURE
Mr. L. Craig CannonierYes. Thank you. Second question. On page 3, the Minister speaks of a localised project tank water and being able to ensure that not just private owners, but restaurants and the likes are providing good potable water to residents. I was just curious. I know back some time ago there …
Yes. Thank you. Second question. On page 3, the Minister speaks of a localised project tank water and being able to ensure that not just private owners, but restaurants and the likes are providing good potable water to residents. I was just curious. I know back some time ago there was talk about having home test kits, because on page 3 the Minister speaks of the only way really that we are getting it tested is you have got to bring it in to the department to have your water tested. Have t here been any looks, especially with the consultant involved, at potentially getting a home test kit that one could purchase for the water? The Speaker: Minister.
Lt. Col. Hon. David A. BurchMr. Speaker, there have been some conversations amongst the c onsultant and our technical officers in the first public consultation. So it will be considered when we get to the end of the second consultation.
The SpeakerThe SpeakerAny further questions? Supplementary? SUPPLEMENTARY Hon. Michael H. Dunkley: Supplementary, yes, Mr. Speaker. Can the Minister please provide an update on the operational capability and storage as we head into the dry summer months of all the government water - producing sites? Thank you.
Lt. Col. Hon. David A. BurchMr. Speaker, that is a wide question. But I will say this. Certainly the ability to produce and store water has improved significantly, particularly at Southside. One of the challenges there was that the tanks had not been all serviced and were in good order. That has been corrected in …
Mr. Speaker, that is a wide question. But I will say this. Certainly the ability to produce and store water has improved significantly, particularly at Southside. One of the challenges there was that the tanks had not been all serviced and were in good order. That has been corrected in anticipation of bringing on a new reverse osmosis plant at Southside, which the new plant is currently being commissioned. So the ability to provide additional water in the country has improved. There should also shortly be an installation of a new water truckers’ outlet from Southside. So I think we are in very good shape. I will say that the deliberations and consultation with the private truckers, as well as the other pipe water supplier, had been very productive and not adversarial in any way, shape or form. And so I expect that we will get out of this exercise a real clear steer of where we need to go in order to be able to make improvements to our water system. For anybody who has served in this role as the Minister of Public Works, they would hav e met the one person on the planet who I think gets the most excited about water and its treatment, and that is the Principal Water Engineer, Mr. J. Tarik Christopher. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Supplementary? There are none? Thank you, Minister. Those are the only questions for you this morning. We now move on to the next Statement with questions, and that is for the Minister of Tourism. Minister of Tourism, MP Cannonier would like to put questions to you. QUESTION 1: …
Thank you. Supplementary? There are none? Thank you, Minister. Those are the only questions for you this morning. We now move on to the next Statement with questions, and that is for the Minister of Tourism. Minister of Tourism, MP Cannonier would like to put questions to you.
QUESTION 1: FIRST QUARTER TOURISM MEASURES 2023
1370 19 May 2023 Official Hansard Report
Bermuda House of Assembly Mr. L. Craig Cannonier: Yes. Thank you again, Mr. Speaker. Considering that tourism can sometimes be a bit of a football and I know it is difficult as we are trying to look at getting our tourism product off the ground, as I went through the Statement, especially on the first opening page, I was curious as to how can we give Bermuda a better idea. It starts on the first sentence. It says that we have reported incremental growth, which does not make it sound like it is substa ntive. But then when you look at the percentages, they are substantive. So I was wondering if maybe the Minister at some point in time, maybe what he could do is present, if it is just to myself, more realistic apples -to-apples figures. So the first quart er of 2023 and compare it to the first quarter of 2019, and both of those quarters repre-sent without having COVID -19 restrictions. And so we will have a better idea, and we can give advice and listen to some of the ideas more critically as to what we are doing going forward with tourism.
The SpeakerThe SpeakerMinister. Hon. Vance Campbell: Mr. Speaker, we understand that coming out of years of this pandemic that are af-fected by a pandemic, you are going to have some strange- looking percentages when you compare year over year. But they are reflecting improvement, and the public should know about that. I …
Minister.
Hon. Vance Campbell: Mr. Speaker, we understand that coming out of years of this pandemic that are af-fected by a pandemic, you are going to have some strange- looking percentages when you compare year over year. But they are reflecting improvement, and the public should know about that. I do agree with the Shadow Minister that they do distort things. And we will endeavour to provide and have that discussion that he requested to compare. And I will say that a lot of the measures when compared to 2019 are closing the gap and in some instances when you talk about length of stay have surpassed what we were experiencing in 2019 for the comparative period. So I would commit to meet with the Shadow from the Opposition and have that discussion that he requested.
The SpeakerThe SpeakerSecond question. Go right ahead. QUESTION 2: FIRST QUARTER TOURISM MEASURES 2023
Mr. L. Craig CannonierThank you. Thank you, Minister. Yes. On the bottom of (let me make sure I get the page right) the second page, considering that the Honourable Member mentions tracking of economic impact from superyachts, and I was looking at some of the islands. And one of t hem that really …
Thank you. Thank you, Minister. Yes. On the bottom of (let me make sure I get the page right) the second page, considering that the Honourable Member mentions tracking of economic impact from superyachts, and I was looking at some of the islands. And one of t hem that really stood out was the Cayman Islands. In their first quarter they had a surplus of $231 million. And part of that was tourism, superyachts, included in there they are seeing a vast increase. So I am appreciative of the fact that we have changed or expanded . . . on the very last paragraph we have expanded our tracking of yachts and said that we would include all yachts. Could the Minister give us an idea, when he says “all yachts,” what that encompasses?
The SpeakerThe SpeakerMinister. Hon. Vance Campbell: Just give me one second. I think I do have those data available as far as the size of yachts that we are talking about. We are talking about yachts from 24 metres up to 148 feet and about.
Mr. L. Craig CannonierYes. The reason I was asking the question is because if you follow onto the next page, comparing the quarters we increased it by thr ee yachts. And what I was trying to understand was the expansion. Maybe we would have seen more arrivals in the first quarter. So can …
Yes. The reason I was asking the question is because if you follow onto the next page, comparing the quarters we increased it by thr ee yachts. And what I was trying to understand was the expansion. Maybe we would have seen more arrivals in the first quarter. So can the Minister attest to, on top of the following page he mentions that it was a recorded value of $1.72 million of money t hat was received in a 164 per cent increase. And I do not recall what it was for the 22 or even if he ever gave those figures. Do you know the figures by any chance for the 22 yachts as opposed to the 25?
The SpeakerThe SpeakerMinister. Hon. Vance Campbell: Mr. S peaker, that figure is $651,370.
The SpeakerThe SpeakerOkay. Second question? You have had both of your supplementaries. Do you want to put a second ques-tion? No? Okay. Minister, you also have another MP who would like to put questions to you. MP Jackson, would you still wish to put questions? QUESTION 1: FIRST QUARTER TOURISM MEASURES 2023
Ms. Susan E. JacksonThank you, Mr. Speaker. B ermuda House of Assembly I just have one question. On page 1 the Minister was just listing the biggest contributors to our air arrivals and listed that the leisure visitor was the largest. Then secondly was the business visitor. And I am just curious: Is …
Thank you, Mr. Speaker.
B ermuda House of Assembly I just have one question. On page 1 the Minister was just listing the biggest contributors to our air arrivals and listed that the leisure visitor was the largest. Then secondly was the business visitor. And I am just curious: Is that visitor number increasing, or has it decreased from previous years?
The SpeakerThe SpeakerMinister. Hon. Vance Campbell: I am not sure what she means by visitor number increasing. Can she be more specific?
The SpeakerThe SpeakerJust clarify your questio n for the Minister.
Ms. Susan E. JacksonYes. So, the Minister had quoted on page 1 that 28 per cent of the total air arrivals were business travellers. And I am just curious whether that 28 per cent is that we are seeing business air arrivals rising? Or are we seeing business air arrivals falling?
The SpeakerThe SpeakerIs i t a decrease or an increase ov er previous? Hon. Vance Campbell: We are talking specifical ly about business arrivals. Just give me one second. We are talking about the business component of air arrivals. Just give me one second, Mr. Speaker.
The SpeakerThe SpeakerSure. N o problem. [Pause] Hon. Vance Campbell: Okay. I do not have it broken down as percentage. I just have it as the raw numbers.
The SpeakerThe SpeakerOkay. Hon. Van ce Campbell: I will endeavour t o get it as a percentage for t he H onourabl e Member.
The SpeakerThe SpeakerAre you satisfied w ith that? Th e Minister said he will s eek t o get a clarification for y ou.
The SpeakerThe SpeakerAnd your clarific ation was basically, is the 25 per cent . . . not 25 per cent—
The SpeakerThe SpeakerOkay. Minister, that is the end of questions for you on your matter this morning on that Statement. Hon. Vance Campbell: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThe next Statement that has questions this morning is from the Minister of Economy and Labour. Minister, the Deputy Opposition Leader would like to put questions to you. QUESTION 1: BERMUDA’S FOURTH QUARTER ECONOMIC PERFORMANCE
Mr. Speaker.
To the Honourable MinisterI note that in his Ministerial Statement on page 2 that the employment income in the fourth quarter was 7.3 per cent above 2021. However, in the balance of his Statement referring to economic statistics, he compared them to 2022. My question is, Why is this one statistic compared to …
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, the fourth quarter is the fourth quarter of 2022. So in order to compare it to the fourth quarter of the previous year, it must be compared to 2021.
Mr. Jarion RichardsonThank you. I note in the Minister’s Statement on page 3, he refers to total business registrations increased 0.8 per cent year -over-year, bringing the complete business register to 16,103. He further notes 132 new businesses registered. What is the source of this information? Is he referring to the Registrar …
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, all data that were reported were reported from the Bermuda Government 1372 19 May 2023 Official Hansard Report Bermuda House of Assembly Department of Statistics. If [the Honourable Member] was asking where the primary data was obtained from, it would be the Registrar of …
The SpeakerThe SpeakerThank you. Suppleme ntary? SUPPLEMENTARIES
Mr. Jarion RichardsonThank you, Mr. Speaker, and thank the Honourable Minister. Obviously, the Registrar of Companies registers incorporated bodies. So not all incorporated bodies in that number 16,000 . . . would it in fact be businesses? Is the Honourable Minister able to clarify what of these 16,000 or 132 are actual …
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, the breakdown of the total new regist rations is as follows: 46 would be local; 72 would be exempt; 14 are exempt partnership.
The SpeakerThe SpeakerOkay. Supplementary or a third question?
Mr. Jarion RichardsonIf the Honourable Minister could repeat the third number that he said?
The SpeakerThe SpeakerThat is just a clarification.
Mr. Jarion RichardsonSorry. A clarification, Mr. Speaker. He said 46 local, 72 exempt . . .
The SpeakerThe SpeakerAnd the third grouping was wh at you are asking, you did not hear it? Hon. Jason Hayward: Exempt partnership was 14, Mr. Speaker.
The SpeakerThe SpeakerOkay, okay. Now, do you have a second supplementary or your third question?
Mr. Jarion RichardsonA supplemental. So for example, local c ompanies can be used to house assets like houses and things like. Exempt companies, the same thing. So my question is a repeat: Of the 132, how many of these are actual businesses? Hon. Jason Hayward: Mr. Speaker, they are all actual businesses …
The SpeakerThe SpeakerThat is your second supplementary. Do you want to do your third question?
Mr. Jarion RichardsonNo, that is fine. That is fantastic. Thank you, Mr. Speaker. My third question?
The SpeakerThe SpeakerYes. QUESTION 3: BERMUDA’S FOURTH QUARTER ECONOMIC PERFORMANCE
Mr. Jarion RichardsonIn the Minister’s Statement on page 4, he refers to the economic development strategy. Could he explain the difference between the economic development strategy and the currently published and in- operation economic recovery plan?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, it is the aim to table the economic development strategy in this Honourable House on June 16. The economic development strategy will contain five priority areas: 1. local business retention and expansion; 2. marketing and attrac tion of Bermuda as a business jurisdiction, as …
Minister.
Hon. Jason Hayward: Mr. Speaker, it is the aim to table the economic development strategy in this Honourable House on June 16. The economic development strategy will contain five priority areas: 1. local business retention and expansion; 2. marketing and attrac tion of Bermuda as a business jurisdiction, as well as attracting foreign investment; 3. entrepreneurship and small business develop-ment; 4. continued execution of economic recovery plan items; and 5. focus on people. So the economic development strategy is broad er than just the economic recovery plan, but will contain the continued execution of the economic recov-ery plan.
The SpeakerThe SpeakerOkay. All righ t. Minister, that brings a close to questions of your Statement this morning. Thank you, Members. The next Statement that has questions this morning is for the Minister of Social Development and Seniors. Minister, MP Cannonier would like to put a questi on to you this morning.
The SpeakerThe SpeakerThe foster care. QUESTION 1: FOSTER CARE MONTH ACTIVITIES
Mr. L. Craig CannonierAh, foster care. Bermuda House of Assembly Have we seen, Honourable Minister . . . and thank you for this information. It tends to be very emotive, quite frankly, for some of us when we look at this, having also myself had a foster child many, many moons ago. Have …
Ah, foster care.
Bermuda House of Assembly Have we seen, Honourable Minister . . . and thank you for this information. It tends to be very emotive, quite frankly, for some of us when we look at this, having also myself had a foster child many, many moons ago. Have we seen a decline in folks wiling to take on this (what I would say) honourable move of taking in foster care [children]? And how is that impacting the department in and of itself if it has declined?
The SpeakerThe SpeakerMinister. Hon. Tinee Furbert: Thank you, Mr. Speaker, and colleague for asking that question. There has not been a decline. How ever, currently we are in need of foster families particularly in the cases of emergencies. So we are just wanting to in-crease our repertoire of foster families who can …
Minister.
Hon. Tinee Furbert: Thank you, Mr. Speaker, and colleague for asking that question. There has not been a decline. How ever, currently we are in need of foster families particularly in the cases of emergencies. So we are just wanting to in-crease our repertoire of foster families who can help particularly when we do have emergencies. Ms. Selena Simons had mentioned that there were about 10 children currently who are still receiving services through Family Preservation but could potentially have foster parents utilised. But they are still being followed by the Department of Child and Family Services through Family Preservatio n.
The SpeakerThe SpeakerSupplementary? Yes. SUPPLEMENTARY
Mr. L. Craig CannonierSupplemental. So as far as financially it is not a burden, and human resource really, that is not . . . okay. Thank you very much. [Inaudible interjections]
The SpeakerThe SpeakerOh. Okay. All right. No further questions? Okay. MP Jackson, would you still wish to put your question?
The SpeakerThe SpeakerGo right ahead. QUESTION 1: FOSTER CARE MONTH ACTIVITIES
Ms. Susan E. JacksonI would like to thank the Minister. This is kinship training. It sounds to be a very good thing for our community and certainly healthy for the young people. But I just had a question about the training. Can the Minister just give us an indication of whet her there …
I would like to thank the Minister. This is kinship training. It sounds to be a very good thing for our community and certainly healthy for the young people. But I just had a question about the training. Can the Minister just give us an indication of whet her there is any specific training or support for kinship parents who may be older siblings or who may be senior citizens who are at the grandparent stage who are fostering family members? The Speaker: Minister.
Hon. Tinee Furbert: Thank you, Mr. Speaker . So the kinship training was for anyone who would foster a child who is a relative. And that would include a senior as well as an older sibling. So it did not discriminate on who that was; it was inclusive of all kinship relationships. But there is also further training. Mr. Speaker, all foster parents can also engage in a foster care college training that we offer to any foster parent at any time. They can engage with that particular train-ing.
The SpeakerThe SpeakerGo ahead. QUESTION 2: FOSTER CARE MONTH ACTIVITIES
Ms. Susan E. JacksonI would like to ask the Minister: Are we seeing growth in the kinship parenting sector of foster parenting?
The SpeakerThe SpeakerMinister. Hon. Tinee Furbert: Mr. Speaker, we did report this information and data in our PQIs. The kinship placements, depending on the year, I will give an example. So for end of year 2022 we had kinship placements of 26. And to date, January –March 2023 we have kinship placements …
The SpeakerThe SpeakerThird question. Go right ahead. QUESTION 3: FOSTER CARE MONTH ACTIVITIES
Ms. Susan E. JacksonJust a simple [one] because I am not sure. But even with kinship placements, do they still fall under the formal foster parenting framework? And that would include whether they receive the financial support and access to services, et cetera, the same as foster parents would. And also whether there …
Just a simple [one] because I am not sure. But even with kinship placements, do they still fall under the formal foster parenting framework? And that would include whether they receive the financial support and access to services, et cetera, the same as foster parents would. And also whether there is oversight similar to any oversights that may exist with foster parents who are not related.
The SpeakerThe SpeakerMinister. Hon. Tinee Furbert: Thank you, Mr. Speaker. 1374 19 May 2023 Official Hansard Report Bermuda House of Assembly Absolutely. It does not matter whether or not the foster placement is traditional kinship or therapeutic. There is still the same level of oversight. Oversight and financial; it does not change.
The SpeakerThe SpeakerOkay. Supplementary? No. Okay. Minister, that is the end of questions for that Statement. However, your second Statement also has questions. MP Cannonier, would you like to put your question? QUESTION 1: NATIONAL CHILD SAFEGUARDING POLICY —WORKING TOGETHER TO SAFEGUARD CHILDREN
Mr. L. Craig CannonierYes. Thank you, Mr. Speaker. I just first of all would like to t hank the Minister because I believe that she is doing some good work here. I was on a committee with the Honourable Zane De Silva especially in this particular area where we had SCARS training and …
Yes. Thank you, Mr. Speaker. I just first of all would like to t hank the Minister because I believe that she is doing some good work here. I was on a committee with the Honourable Zane De Silva especially in this particular area where we had SCARS training and the likes. And this has become a rather emotive topic over the last couple of months as you can see what is happening with young kids being taken advantage of. So on page 2, the Honourable Minister speaks of this committee and group, and she speaks of also the support. And I recognise that the Attorney General has been very supportive in this area, having had conversations with her as well. But she mentions the National Child Safeguarding Committee and who it comprises. And it is great to see this. But one of the areas that was identified many years ago as a loophole was the reporting with early childhood education and picking up on cues that this committee should be culling information from. But at the same time, if we look in the paper and look at many of the atrocities toward kids, we notice that churches . . . and I feel that maybe we should be requiring churches to be involved in this because many times people go to churches, are seeking out assistance and help but not really getting the full help that they should. So in these conversations, has it been d iscussed with some of these ancillary organisations, churches and the like, that we are getting out to them as well to help safeguard against this? Because some of these predators are lurking in these places, freely.
The SpeakerThe SpeakerMinister. Hon. Tinee Fur bert: Thank you, Mr. Speaker. In the policy, if Honourable Members do take the time to read it, there is an area which is noted in Aims and Objectives, which is on page 5, which speaks to strengthening the community protection forward, point 2.23. And the …
Minister.
Hon. Tinee Fur bert: Thank you, Mr. Speaker. In the policy, if Honourable Members do take the time to read it, there is an area which is noted in Aims and Objectives, which is on page 5, which speaks to strengthening the community protection forward, point 2.23. And the area which my honourable colleague speaks of is definitely addressed in C, D and E. The Speaker: Supplementary?
SUPPLEMENTARY
Mr. L. Craig CannonierYes, a supplemental. Has there been any consideration— and I have not read it; maybe it is there—to requiring that pastors of churches have SCARS training?
The SpeakerThe SpeakerMinister. Hon. Tinee Furbert: Mr. Speaker, no, not to date. There has not been a requirement or mandate. But we would encourage parents, if you have your children in programmes that you are making sure that persons are properly training in SCARS.
The SpeakerThe SpeakerFurther questions? No. Thank you. Members, that brings us to a close of the Question Period for this morning almost right on the 60 minutes of the clock. And we thank all Members for their participation, and now we will move on. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerLet me just adjust the clock here. Would any Member wish — Premier, you have your three minutes. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I rise this morning, and I will ask that all Members of this Honourable House be associ-ated, and I will ask this …
Let me just adjust the clock here. Would any Member wish — Premier, you have your three minutes.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I rise this morning, and I will ask that all Members of this Honourable House be associ-ated, and I will ask this Honourable House to please send a letter of condolences to the family of the late Marco Warren.
The Spe aker: Yes.
Hon. E. David Burt: To his family, to the Pembroke Hamilton Club [PHC] family, to the Bermuda Football Association family, to the Youth, Sport and Recreation family and to the Paget Primary family in memory and thought of all of those in our community who are mourning his tragic death. Marco was a stellar athlete. He was also a stellar person. He was a father, he was a family man, he loved his community. And anyone who knew him knew how and the fact that he did put his family first. Certainly, Mr. Speaker, as a father I cannot fathom what his parents are feeling during this incredible time of loss. The outpouring of grief has been wide. And I want them to know that they are certainly in the thoughts of the Members of this House and the country. Mr. Speaker, the last time I had an opportunity to speak to Marco was when I had gone to see your exhibit actually at the Paget Primary School. Marco ran
Bermuda House of Assembly the after school programme at Paget Primary. And I of course had gotten to know Marco through his wor k with football. And I remember having a conversation, was about to leave, did see him just getting off of his bike. I had not seen him for a little bit. I went over and talked to him and asked how he is doing. He told me he had just become a father. I kno w that he was talking about how he could advance. I know that he was speaking to entering the next round of fire service recruits and other things. He was an amazingly talented Bermudian, a king Bermudian, a soft -spoken Bermudian and a wonderful Bermudian, Mr. Speaker. His loss is being felt. Of course, I am sure that in the later portions of our session today there will be more discussion over the need for persons to do what is right and to make sure that they say something about this. But this time I jus t want to make sure that his family—all of the families who are mourning regarding this situation know that their thoughts are with the Honourable Members of this House and that this House will send a letter of condolence to his family on their loss of a truly stellar and wonderful, caring young Bermudian. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premier. Does any other Member? MP Ming, you have your three minutes.
Mrs. Renee MingGood morning, Mr. Speaker and listening audience. I start my c omments today on a very sad note. In St. George’s we lost a legend of a babysitter, Ms. Angelia Minors, to the rest of us is known as “Aunt Angie.” I am going to associate MP Foggo and MP …
Good morning, Mr. Speaker and listening audience. I start my c omments today on a very sad note. In St. George’s we lost a legend of a babysitter, Ms. Angelia Minors, to the rest of us is known as “Aunt Angie.” I am going to associate MP Foggo and MP Can-nonier with the comment. There were probably about five babysitters back in the day, Mr. Speaker, and if you came from up in St. George’s you went to one of them. I did not go to Aunt Angie. I got Ms. Hall. But Aunt Angie’s babysitting place was near where my granny used to watch us after school. So we often went up there to her and her Aunt Arlene as one of the non- paying children. But it did not matter to her. She included us in everything. She knew we would be there in the afternoon for snacks. And she had up until probably I think about one year ago she was still tak ing on children and doing her part within the community of the village. She was married to her husband for 54 years. That is more years than I have actually been here, Mr. Speaker. And we know that she will be missed in our community, not just for what she gave in terms of child care, but what she gave to the community as well. No event could happen where she would not bake something for you, just bring something. She would not even sign up to do it. She would just come by and say, Hey, I made you a ginger bread, or Dropping off some cookies or whatever. And at this time I can tell you that St. George’s is truly reeling and trying to grapple with the understanding of her death and the many others that we have actually had for this year. And I just want her family to know that they are in our thoughts and prayers at this time. On a happier note, Mr. Speaker, first I would like to congratulate a young lady by the name of Andira Critchlow. And for those of you who have seen the movie Queen Cleopatra, she was t he very young lady who played Cleopatra’s sister. She is a Bermudian and a proud one at that. And as a woman, I am extremely proud to acknowledge her accomplishments. And I associate MP Foggo with my comments,
[Inaudible interjections]
Mrs. Renee Ming—associate the women in the House of Assembly, Mr. Speaker.
Mrs. Renee MingAnd we hope that this is just the start of a great and wonderful career in film for this young lady. I just want to say that her family does hail from St. George’s. And in my last thing I would like to—
Mrs. Renee Ming—congratulate the new administration within the Corporation of St. George’s. We have Mayor Quinell Francis. You have under the residential voters Jari Ming, Garon Dowling, Elizabeth Christopher, Tianny Butterfield, Allen Van Putten and [Lynwood] “Clarkie” Trott. And under business ratepayers we have Amne Osseyran and Alfonso Harris. We wish them …
The SpeakerThe SpeakerThank you. Right on your three- minute clock. Minister Furbert, I see you rising to your feet. Would you like your three minutes? Hon. Tinee Furbert: Yes, thank you, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. Hon. Tinee Furbert: I do want to take the opportunity to give congratulatory remarks to all of the primary and middle school students, public and private, who would have participated in Spring into the Arts. I believe it is still ongoing. And I had the opportunity to …
Go right ahead. Hon. Tinee Furbert: I do want to take the opportunity to give congratulatory remarks to all of the primary and middle school students, public and private, who would have participated in Spring into the Arts. I believe it is still ongoing. And I had the opportunity to attend. It was 1376 19 May 2023 Official Hansard Report
Bermuda House of Assembly actually great to see our children be able to come together in their forum to display their talents and have such great joy to be able to come together post -COVID - 19 to be able to share this artistic talent that they have with the community. And it has been very well received through our community with no seats! You could not find any seats. So I just want to say thank you to all of the community, the parents who continue to support our children. And congratulations to all of the children who partici pated and the Ministry of Education, Department of Education who also helped to put Spring into the Arts on. Well done! From what I saw it was an amazing event. I also want to take this time to congratulate all of the graduates of Bermuda College. And I c an associate the whole House with that. They had their graduation ceremony yesterday. I did not have the oppor-tunity to attend the daytime graduation ceremony. But I did have the opportunity to attend the PACE Division annual awards ceremony. And what is great about the PACE programme is that it gives the opportunity for mature students, but not just mature students —but the opportunity for them to develop and improve upon, you know, skill and education. So I want to say congratulatory remarks to all of the persons who received awards and certifications yesterday. Congratulations to you! And I want to particularly identify a new programme that was put on by PACE, which had the largest cohort, and that is all of the students who participated in the Certificate for Intellectual Disability. I just want to say special congratulations to you in putting your foot forward, in understanding and wanting to make improvements and work in the field of intellectual disability. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank y ou, Minister. MP Foggo.
Ms. Lovitta F. FoggoMr. Speaker, it would be remiss of me if I did not stand and provide condolences to the Minors family, the Minors/Carlington fami ly. And I have already been associated with the remarks for Angelia Minors, but I still needed to stand to my feet to speak. Ms. Minors did …
Mr. Speaker, it would be remiss of me if I did not stand and provide condolences to the Minors family, the Minors/Carlington fami ly. And I have already been associated with the remarks for Angelia Minors, but I still needed to stand to my feet to speak. Ms. Minors did fill a very needed niche in the community of St. George’s with her care services for very young ones up to the age of three and four before they entered preschool or elementary school. I can tell you it has been decades that she indeed has been in that service taking care of most of my family members including some of my younger grandchildren. She was a care provider f or them, and indeed her last few children whom she did care for for the last three or four years have all been family members. Angie will be greatly missed in the community of St. George’s and even more so in the Salvation Army community of St. George’s where she spent many, many years. Mr. Speaker, I do need to provide congratulatory remarks to the new Corporation of St. George’s to the new councillors. And of course I have an extreme bias given Dr. Osseyran is my daughter, and I want to say specifically of her: I know she is very much an ideas person. She is always coming up with all sorts of novel ideas. And the ratepayers in St. George’s will greatly benefit from her input on their behalf. But indeed, anyone who is in public service knows what a daunti ng task that is. And so to all of the new councillors under the Mayor Quinell Francis, I do say Congratulations! And on that note, Mr. Speaker, I will take my seat.
The SpeakerThe SpeakerThank you. Mr. Whip, I see you rise. Would you like your three minutes?
Mr. Neville S. TyrellThank you very much, Mr. Speaker, and good afternoon, colleagues. Mr. Speaker, first of all I would like to be associated with the condolences already asked for for the family of Marco Warren. But I specifically wanted to say condolenc es myself. I did not personally get to know Marco, …
Thank you very much, Mr. Speaker, and good afternoon, colleagues. Mr. Speaker, first of all I would like to be associated with the condolences already asked for for the family of Marco Warren. But I specifically wanted to say condolenc es myself. I did not personally get to know Marco, but I did actually meet him the last league game that PHC played Boulevard this season. And I found him to be a very, very pleasant young man. I more associate myself with his father, who during my footbal l administration years I had a lot of time with him. And I know him best basically as] “Payback” Warren. I never even remembered his first name, and I did not know Marco was his son. But I certainly want to send condolences to the family. Mr. Speaker, on a more pleasant note, despite the cloud surrounding the PHC at this time, I do want to send congratulations to the youth coaches of PHC be-cause they have had a fairly successful season especially with the under -7s, the under -7 Blacks who went undefeated this whole season. They actually won the BFA tournament and the annual Kappa Classic. And they were coached by Mr. Eddy Dowling. Another one of their youth teams, the PHC under -9 Blacks, won the pre-Kappa tournament, which was held in September of last year, but came second runners -up in the BFA tournament and won the Kappa tournament in April this year. That team was coached by Stephen Trott. So I certainly feel that there is some promise amongst the PHC in the future. And I certainly want to congratulate them. I am just reminded that Marco Warren’s father is actually named Dwight Warren.
B ermuda House of Assembly The Speaker: Yes, yes. Mr . Neville S. Tyrell: So thank you very much, Mr. Speaker. Thank you.
The SpeakerThe SpeakerOkay. Mr. Premier, or Deputy? Mr. Premier, would you do the honours? Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn for lunch, to come back at 2:00 pm.
The SpeakerThe SpeakerThank you. Members, are there any objections to that? There are none. The House now stands adjourned until 2:00pm. [ Gavel] Proceedings suspended at 12:3 0 pm Proceedings resumed at 2: 02 pm [ Hon. Dennis P. Lister, Jr., Speaker, in the Chair] CONGRATULATORY AND/OR OBITUARY SPEECHES [Continuation thereof] [No …
Mr. Hubert (Kim) E. SwanMr. Speaker, I on a very sad note would like to associate myself with the condolences to the family of [Angelia] “Angie” Minors from Wellington, St. George’s. Mr. Speaker, I can say that Ms. Minors’ Carlington family was one of the f irst families I really got to know some …
Mr. Speaker, I on a very sad note would like to associate myself with the condolences to the family of [Angelia] “Angie” Minors from Wellington, St. George’s. Mr. Speaker, I can say that Ms. Minors’ Carlington family was one of the f irst families I really got to know some 40- odd years ago when I first started working in St. George’s. Her late mother, Maude, was amongst those persons I would consider one of my darlings. She was a delightful person and that spirit has passed on to all of her daughters. Mr. Speaker, Ms. Angie Minors will be sorely missed in the immediate community where she lived because apart from being one who cared for most of the young children who were raised in the East End community, she was a shining example of being your brother’s keeper, and I know her next door neighbours, the Trott family will sorely miss her as she would look out for them on a regular basis as they would look out for her as well as her other neighbours in her immediate community. And to Brent and her children, I offer my sincere condolences. Mr. Speaker, I would like to be associated with the condolences to the Warren family on that tragic loss this weekend. And I would like [to extend] condolences to the family of Ms. Maria DeSilva, whose son, Dan, and daughter -in-law Deanne, I know very well. I offer my condolences to t hem. On a happier note, I would like to extend congratulations to all the graduates of Bermuda. Those who went through the Bermuda College graduation yesterday, but closer to home, my niece, Danzelle, over in the UK has laboured and now counts herself amongst those who are in the field of law. Having passed her masters she can now be considered for a pupillage. And to my brother, Darron, who went over to the UK (who doesn’t travel much, but went over t o the UK) to be with his daughter, I extend my heartfelt congratulations to them, Mr. Speaker. And also, Mr. Speaker, I wish young Nicholas Jones well as he progressed to the final stages of the US Open and in early June will contest that great championshi p at the final stage of the US Open. And I believe that this young man is well poised to ascend to play in that event. I will be praying for him. I happen to have been coached by his grandfather, Leonard Jones, and played against his father, Eardley Jones. But this young man, who works at the Bermuda Government’s Port Royal Golf Course, works nights. [He] works multiple jobs but he keeps his game raised at a high level having spent many years in Europe learning the trade. We are praying for his success when he steps on Canoe Brook [Country Club] in Summit, New Jersey, the first week of June to play in the final qualifying of the United States Open [Golf] Championship. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Swan. [ Crosstalk]
The SpeakerThe SpeakerDoes any other Member wish to make a contribution at this time? Deputy Speaker? Hon. Derrick V. Burgess, Sr.: Yes, thank you, Mr. Speaker.
The SpeakerThe SpeakerYou have your three minutes. Let me just clear this for us and reset. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I would like to send to the family of Mr. [Edmund] Prinsen Bai-ley.
The SpeakerThe SpeakerYes. Hon. Derrick V. Burgess, Sr.: It is down there near the holy Parish of Hamilton. I would like to associate Kim Swan and Thomas Famous with those remarks and the two Ministers . . . [Kim] Wilson and Tinee Furbert. Mr. Speaker, Mr. Bailey was a character, a very …
Yes. Hon. Derrick V. Burgess, Sr.: It is down there near the holy Parish of Hamilton. I would like to associate Kim Swan and Thomas Famous with those remarks and the two Ministers . . . [Kim] Wilson and Tinee Furbert. Mr. Speaker, Mr. Bailey was a character, a very friendly, 1378 19 May 2023 Official Hansard Report
Bermuda House of Assembly lively fellow. But he is no longer with us and I am sure he will be sorely missed by his entire family and friends. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy. Does any other Member wish to make a contribution? MP Cannonier.
Mr. L. Craig CannonierYes, thank you, Mr. Speaker. I would like to add my condolences to the Minors family. Many may not know, but I am extended of the M inors and Cannonier family. And Angelia having passed, her sister, Glenda . . . well, all of them, all of the girls there …
Yes, thank you, Mr. Speaker. I would like to add my condolences to the Minors family. Many may not know, but I am extended of the M inors and Cannonier family. And Angelia having passed, her sister, Glenda . . . well, all of them, all of the girls there were all very, very good friends. And so it is sad to see. Unfortunately this thing called cancer is taking way too many of us out, sometimes easily and sometimes very tough. So when getting the news that she was very ill, it did sadden [us]. And you can hear that from the East End Members who know her well. Of course, she did not babysit me. I had another one just like her who babysat me. But her baked goods will continue to go on. Everyone will continue to talk about her huge heart and unfortunately the passing of a very, very outstanding member in the East End of the Island. So, to the Minors family over in St. David’s and to the Carlington family in St. George’s, our deepest condolences go out. And I know, Mr. Speaker, you would be aware also of the young Marco Warren, his father, we know him as a great singer in the Adventist Church. Having taken a loss like this has affected all of us, quite frankly, and brought up many, many questions about our existence and where we are today. So our condolences go out to the Warren family. We wish them well. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? Minister Burch.
Lt. Col. Hon. David A. BurchThank you. I would like to be associated with the condolences [regarding] Marc o Warren. I did not know him, but his father served in the Army with me and works at Parks now. So I know that it has been quite a time for the family with this sudden …
Thank you. I would like to be associated with the condolences [regarding] Marc o Warren. I did not know him, but his father served in the Army with me and works at Parks now. So I know that it has been quite a time for the family with this sudden loss of what is becoming widely known now as an outstanding young man. So I extend my condolences to them. I would also like to be associated with the congratulations to the new members of the Corporation of St. George’s, and particularly the returning new mayor, Mayor Francis, who I spoke to on the day after the election and congratulated her and indicated that I looked forward to working with her and her team. I give them my sincere congratulations. And we do look forward to doing some things in St. George’s that will be acceptable to the people of St. George’s and will take St. George’s t o a new level in terms of its demonstration and participation in our tourist economy. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member . . . MP Famous.
Mr. Christopher FamousGood afternoon, Mr. Speaker. I would just like to give condolences to the families of Mr. Willard Burch, who was from Devonshire. For those who would know, he used to run Universal Barber Shop, which is about a two- minute walk to the north of here. I associate the Deputy. …
Good afternoon, Mr. Speaker. I would just like to give condolences to the families of Mr. Willard Burch, who was from Devonshire. For those who would know, he used to run Universal Barber Shop, which is about a two- minute walk to the north of here. I associate the Deputy. He lived on North Shore, Devonshire. I associate the other gentlemen, MP Swan and Whip Tyrrell. Also, Mr. Speaker, another gentleman had a shop on Court Street, Mr. Buford Paul Smith. Many may not know the name Bonmarché , but it was a store that . . . let’s just say, a variety st ore. Mr. Buford Smith used to run that. And also I want to give condolences to the family of one of my BELCO colleagues of 40 years, Mr. Mi-chael Cassidy, also known as Mouse. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Deputy Premier, you have your three minutes. Hon. Walter H. Roban: Yes, just briefly, Mr. Speaker. I did signal my association with the comments of MP Famous, the Member from constituency 11, on the passing of Mr. Burch. His departed sister was a long constituent of mine. …
Thank you, Member. Deputy Premier, you have your three minutes. Hon. Walter H. Roban: Yes, just briefly, Mr. Speaker. I did signal my association with the comments of MP Famous, the Member from constituency 11, on the passing of Mr. Burch. His departed sister was a long constituent of mine. But also I know his son, Carlos, who is an employee of government. Also, [he] was quite an accomplished —
The SpeakerThe SpeakerSinger. Hon. Walter H. Roban: —I would say auto mechanic. And many people have had the benefit of his work. But I know he has been dealing with having to take care of elderly parents over recent years. And his mother passed last year. So, you know, it is clearly …
Singer. Hon. Walter H. Roban: —I would say auto mechanic. And many people have had the benefit of his work. But I know he has been dealing with having to take care of elderly parents over recent years. And his mother passed last year. So, you know, it is clearly a tough time for that family. So, I definitely just wanted to mention . . . and also I perhaps should mention that Member Scott Simmons [and I] are clients of his establishment, the Universal Barber Shop. So I am just mentioning for the Honourable Member Scott Simmons. He isn’t here today but I know he would probably want to be associated with those remarks as w ell—
The SpeakerThe SpeakerSure. Bermuda House of Assembly Hon. Walter H. Roban: —[regarding] Mr. Burch. And certainly to the Universal Barber Shop family and the many clients of the Universal Barber Shop who would have had the benefit of that work for many years. And I continue to be a h appy client …
Sure.
Bermuda House of Assembly Hon. Walter H. Roban: —[regarding] Mr. Burch. And certainly to the Universal Barber Shop family and the many clients of the Universal Barber Shop who would have had the benefit of that work for many years. And I continue to be a h appy client of the Universal Barber Shop. Thank you, very much, Mr. Speaker, for allowing me to add to those condolences.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? None other? Before we move on I would just like to add my remarks to a couple that have been done this morning. I would first like to join the Deputy Speaker in his remarks just now to the …
Thank you. Does any other Member wish to make a contribution? None other? Before we move on I would just like to add my remarks to a couple that have been done this morning. I would first like to join the Deputy Speaker in his remarks just now to the Bailey family on the passing of Mr. Bailey. I have been associated with the Bailey family for a long time. And as the Deputy said, Mr. Bailey was a character, full of conversation, full of deep thought whenever you were in conversation with him. I know his family will miss him dearly. And I just want to express my condolences to them. Also, with the many words that have been expressed already to the Warren family, I would just like to go on record as also including my condolences there as well. I know both of his parents. I have known Marco from a little fellow from around our church and from the Bermuda Institute where my family has been associated for many years. We were shocked when we learned of his passing and the circumstances under which . . . and we just call on people to do the right thing at this time. But our deepest sympathies go out with those that have been expressed already to the family at this time. Thank you. We will now move on.
MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerThere are two Government Bills to be introduced today. The first is in the name of the Minister of Economy and Labour. Minister of Health, are you going to introduce it? Hon. Kim N. Wilson: That is correct. Thank you.
The SpeakerThe SpeakerGo ahead. FINANCIAL ASSISTANCE AMENDMENT ACT 2023 Hon. Kim N. Wilson: Mr. Speaker, I am introducing the following Bill for its reading so that it may be placed on the Order Paper for the next day of meeting, namely, the Financial Assistance Amendment Act 2023.
The SpeakerThe SpeakerThank you. And Members, it may not be on the original Order Paper that you have, but the correction was made and the Minister of Tourism has a . . . he will introduce it this time. TOURISM INVESTMENT AMENDMENT ACT 2023 Hon. Vance Campbell: Thank you, Mr. Speaker, and …
Thank you. And Members, it may not be on the original Order Paper that you have, but the correction was made and the Minister of Tourism has a . . . he will introduce it this time.
TOURISM INVESTMENT AMENDMENT ACT 2023
Hon. Vance Campbell: Thank you, Mr. Speaker, and thank you Members of the House for allowing this. Mr. Speaker, I am introducing the following Bill so that it may be placed on the Order Paper for the next day of meeting: Tourism Investment Amendment Act 2023.
The SpeakerThe SpeakerOkay. And Minister, that is the only one? The other is done or . . . Hon. Vance Campbell: That’s correct. That’s the only one.
The SpeakerThe SpeakerOkay. Hon. Vance Campbell: Thank you.
The SpeakerThe SpeakerThere are none. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY 1380 19 May 2023 Official Hansard Report Bermuda House of Assembly The Speaker: Members, the Orders of the Day has the second reading of the Digital Asset Business Amendment Act [2023] as our first Order. The Minister has asked for indulgence to actually …
There are none.
ORDERS OF THE DAY
1380 19 May 2023 Official Hansard Report
Bermuda House of Assembly The Speaker: Members, the Orders of the Day has the second reading of the Digital Asset Business Amendment Act [2023] as our first Order. The Minister has asked for indulgence to actually do the second matter f irst which is the Insurance Amendment Act [2023]. Are there any objections? There are no objections so we will do the Insurance Amendment Act first, and it is in the name of the Minister of Finance and Premier. Premier.
Hon. E. David Burt: Thank you, very much, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Insurance Amendment Act 2023 be now read the second time.
The SpeakerThe SpeakerAny objections? There are none; continue. BILL SECOND READING INSURANCE AMENDMENT ACT 2023 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I am pleased to present the Bill entitled the Insurance Amendment Act 2023 which I will refer to hereafter as “the Bill.” The purpose of this Bill …
Any objections? There are none; continue.
BILL
SECOND READING
INSURANCE AMENDMENT ACT 2023
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I am pleased to present the Bill entitled the Insurance Amendment Act 2023 which I will refer to hereafter as “the Bill.” The purpose of this Bill is to amend the Insurance Act 1978 which I will refer to as “the Act” in the rest of the time that I am providing this brief to this Honourable House today. And the purpose of this Bill is to provide for the following: To amend the Act to grant the Authority a power to make rules for recovery planning for the co mmercial insurance sector representing those insurers registered in Classes 3A, 3B, 4, C, D, and E whose nature, scale and complexity leaves them to pose greater risk to policyholders, the insurance sector and the fi-nancial system. Also, to amend the Act to provide for the manner in which the Authority may designate which Mem-ber of an internationally active insurance group shall be its head. Mr. Speaker, Bermuda’s financial sector is subject to the regulation and supervision of the Bermuda Monetary Authority (which I will refer to as “the Authority” going forward), which has a well -deserved reputation as a strong and an effective regulator. This Government recognises that a key strength of Bermuda’s reputation as a quality jurisdiction to conduct quality business is its robust regulatory regime. In keeping with that, the Authority in conjunction with the Ministry of Finance, continuously reviews, amends, and updates its legislative framework as appropriate to ensure protection of consumers and other relev ant stake-holders to address financial stability matters and to promote compliance with international standards. This Bill is yet another fine example of the positive work that is being done in this area. Mr. Speaker, the Authority was established in 1969 under the Bermuda Monetary Authority Act 1969. The Insurance Act 1978 provides the Authority with substantive licensing supervision and intervention powers to regulate the insurance industry in Bermuda. The licensing and supervision process is prescribed by law and supplemented by subsidiary legislation and guidance notes. These detail the classes of licence based on the nature of the business and related risk, reporting requirements, statutory financial statement filings, and vetting controlling shareholder s, amongst other aspects. Mr. Speaker, the Authority is authorised to act as an advisor to the Minister of Finance on policy matters related to any financial institution. Accordingly, the Authority proposes laws, where it can do so, to appropriately and consistently function under the Bermuda Monetary Act 1969. It can also respond to an invitation to do so from international standard- setting bod ies as well as from other countries. Mr. Speaker, the House will be aware that the Authority is a long- standi ng member of the International Association of Insurance Supervisors, hereinafter re-ferred to IAIS. Presently, the Chief Executive Officer of the Authority serves as a member of the IAIS Executive Committee while other senior members of the Authority serve as Chairs and are Vice Chairs of several subcommittees. More recently the Authority has been actively engaged in discussions and development of the recovery and resolution standards for the insurance sector as a member of the IAIS Resolution Working Group [ReWG ]. Mr. Speaker, by way of background, the House is advised that the IAIS is a voluntary membership or-ganisation of insurance supervisors and regulators from around the globe. Established in 1994, the IAIS is the primary international standard- setting body responsible for developing and assisting in the implementation of supervisory material for insurance supervision. The mission of the IAIS is to promote effective and globally consistent supervision of the insurance market for the benefit of and protection of policyholders to contribute to global financial stability. The IAIS has issued insurance core principles, ICPs, as a globally accepted framework for insurance supervision. Mr. Speaker, the common framework for supervision of internationally active insurance groups was incorporated into the insurance core principles with effect from November 2019. Mr. Speaker, the insurance core principles set out a globally accepted framework for insurance supervision while the common framework is designed to ad-dress group- wide risk and reduce supervisory gaps by
Bermuda House of Assembly coordinating the activities of and exchange of information by different regulators of companies within an internationally active insurance group. Mr. Speaker, the IAIS has comprehensively revised the insurance core principle 16.5 which sets standards for supervisory requirements in relation to recovery planning. Insurance core principle 16.15.1 further specifies that a supervisor may require an insurer to produce a recovery plan that identifies in advance options to restore the financial position and viability if the insurer comes under severe stress. Mr. Speaker, the recovery planning framework is intended to achieve the following objectives: • to aid the relevant insurer in understanding its own risks from severe stress scenarios; and also • to help strengthen Bermuda’s insurance regulatory framework by ensuring that the relevant insurer has a plan to act in an orderly and timely manner when dealing with the situation where an insurer is under severe stress. Mr. Speaker, in support of the above, it is proposed to amend the Act to grant the Authority a power to make rules for recovery planning for the commercial insurance sector, covering those insurers registered in Classes 3A, 3B, 4, C, D and E due to their nature, scale and complexity. The recovery planning framework will be applied to those registrants using the Authority’s risk-based approach to supervision to provide additional protections for policyholders and Bermuda’s insurance sector. The relevant insurers will be required to maintain electronic copies and keep hard copies of the recovery plans at their head offices in Bermuda. The requirements of the recovery plan should be pre-scribed by the Authority in prudential or technical rules. The Authority has advised the Ministry that rules be drafted in the near future, taking into consideration feedback received from consultation related to the Bill. As per the Authority’s normal custom and practice, the rules will also be subject to public consultation. Mr. Speaker, moving on to the designation of the “Head of an internationally active insurance group [IAIG].” Mr. Speaker, insurance core principle 23 covers matters related to group- wide supervision. Core principle 23 provides that a group- wide supervisor in cooperation and coordination with other involved su-pervisors is required to identify an insurance group and determine the scope of insurance group supervision. Members will recall that the Act was amended in 2021 to provide a framework for internationally active insur-ance groups accordingly. Mr. Speaker, in addition to the above, insurance core principle 23 provides that involved supervisors should seek agreement amongst themselves on the head of an internationally active insurance group. ComFram e23 requires g roup- wide supervisors to identify the head of an internationally active insurance group on a control- and risk -basis as follows: First, the legal entity which controls all of the insurance legal en-tities within the group; and second, the non-insurance legal entities which pose a risk to the insurance opera-tions. Mr. Speaker, consideration of these factors will be made on a case- by-case basis by considering the internationally active insurance group structure, in par-ticular where there may be different entities exerting shareholder and operational control to ensure that the entity designated will allow the Authority to exercise its supervisory powers most effectively. Mr. Speaker, in support of the aforementioned it is proposed to amend the Act to provide for the man-ner in which the Authority may designate which mem-ber of an internationally active insurance group shall be its head. Once the Authority has made a determination, the Authority will be required to notify the relevant mem-ber of the IAIG of its intention to make such designation. The Authority will also be required to take written representation from the group into account when mak-ing its final determination. Mr. Speaker, such a designation will allow the Authority to exercise its supervisory powers over the internationally active insurance group most effectively. Members were advised that the Authority is not cur-rently the group supervisor of any internationally active insurance group. However, the common framework re-quirements for the internationally active insurance groups are being integrated into Bermuda’s insurance supervisory framework as it will allow the Authority to take on such a role in the future if circumstances war-rant it. Moving on to consultation. Mr. Speaker, in accordance with the Authority’s normal custom and prac-tice, the relevant consultation papers and stakeholder’s response letters were published on the Authority’s website www.bma.bm as follo ws: • Recovery planning. Consultation paper proposed the introduction of a recovery planning regime for the insurance sector. And this paper was dated June of 2022. • Stakeholder response letter. The recovery planning regime for the insurance sector, the stakeholder responses were posted on the 11 th of October 2022. • Internationally active insurance groups. The consultation papers for internationally active insurance groups was dated on May 2022 and the stakeholder response letter for internation-ally active insurance groups was dated on the 12 th of October 2022 and can be found on the website. • Guidance. Mr. Speaker, M embers were advised that guidance will be issued in the near future to assist with the implementation of both of the frameworks of which we are revising by legislation today. Mr. Speaker, in conclusion, I wish to express my sincere thanks to the Authority, the Regulatory Unit 1382 19 May 2023 Official Hansard Report
Bermuda House of Assembly within the Ministry of Finance, the Ministry of Legal Affairs, and various insurance stakeholder groups, in particular, the Association of Bermuda Insurers and Reinsurers [ABIR], the Bermuda International Long Term Insurers and Reinsur ers [BILTIR], for their assistance with the development of this Bill. The strong collaboration that exists in Bermuda between industry, the Government and the regulator, forged out of a shared commitment to compliance, quality and transparency, is a key fa ctor that has been a significant contributor to Bermuda’s success. This Government will certainly continue its work to ensure that our economy continues to strengthen and grow to create a better quality of life for our residents. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premier. Does any other Member wish to make a contribution at this time? Deputy Opposition Leader, you have the floor.
Mr. Jarion RichardsonThank you, Mr. Speaker. And we equally thank everyone who has worked on this Bill and bringing it to this Honourable House. Mr. Speaker, this Bill actually plays a key role in maintaining our high levels of compliance with international norms as well as maintaining a first -in-class regulatory profile …
Thank you, Mr. Speaker. And we equally thank everyone who has worked on this Bill and bringing it to this Honourable House. Mr. Speaker, this Bill actually plays a key role in maintaining our high levels of compliance with international norms as well as maintaining a first -in-class regulatory profile globally. It does not escape anyone’s notice that insurance is breathing life into Bermuda as it stands right now and quite a number of Bermudians work within the insurance sector. Also, a number of ser-vice providers provide services to the various insurers and reinsurers in Bermuda. It is absolutely vital that we maintain high levels of compliance with international norms, in this case the International Association of Insurance Supervisors. But this is not an easy thing to do. So the folks at the Bermuda Monetary Authority [BMA], as well as the Minister of Finance, who work on how to reach these levels of compliance, are to be com-mended. I also note, Mr. Speaker, that recovery plans are really derived from obviously the financial calamities that we have seen in the last decade. It has been since the 2008 crises and similar banking crisis and similarly insurance crisis we have noticed and have been able to respond to systematically important financial services companies. It is vital that those companies are able to recover from any kind of calamity within their book of business and within the wider macroeconomic impacts. Therefore, it is crucial that what is otherwise called a “living will,” or in this case “recovery plan,” is built into the wider enterprise risk management framework of every ins urer of substance in Bermuda, in which case we are actually quite lucky because most of our reinsurers are certainly, again, reinsurers of note, and would have already have had to come up with a recovery plan by way of their enterprise risk management structures. They are cross border structures, cross border businesses and they have to deal with a number of regulators and best practice in global industry. So we are very lucky that a number of our regulated entities again have already undertaken this step. But it is just as important that Bermuda codify this prudent requirement into law. So to that end, this is a very good idea. It is a step in the right direction. And we are confident that this will again ensure that Bermuda’s reputation maintains its high level. With that being said, Mr. Speaker, I will only ask one question as it relates to the Bill and the Minis-ter’s Statement, the Premier’s Statement, wherein he said that group supervisors will be designated on a case -by-case basis. My question to him is, Will there be a right of appeal or an appeals process, relating to that? Further, the Honourable Premier spoke to the rules being issued based on feedback coming from consultation as well as guidance being issued in the near future. Mr. Speaker, I hav e spoken about this before. It is not just the legislation that forms out the regulatory framework. In fact, the legislation is quite often the part that empowers a number of requirements. But how the requirements are complied with is actually determined f rom supporting documentation. In which case, the supporting documentation will be the rules and guidance issued. The Premier spoke to in the near future, I was hoping he would [offer] a little bit more guidance as it relates to the near future. I had occas ion to deal with some regulators quite recently and I did make a point of saying, You know, you can’t leave it open- ended. You have got to tell us when something is going to hap-pen because people make plans, people make budg-ets. So I would ask the Honourab le Premier if there are any further guidelines as it relates to the near future. And again, my second question, Is there an appeal as it relates to the designation of group- wide supervisor?
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? Any other? There are none. Minister, Premier. Hon. E. David Burt: Thank you, Mr. Speaker. I thank the Acting Opposition Leader, and I am guessing, Acting Shadow Minister of Finance for his contribution. Mr. Speaker, before I respo nd …
Thank you. Does any other Member wish to make a contribution? Any other? There are none. Minister, Premier.
Hon. E. David Burt: Thank you, Mr. Speaker. I thank the Acting Opposition Leader, and I am guessing, Acting Shadow Minister of Finance for his contribution. Mr. Speaker, before I respo nd to his questions, I am grateful for the support. I know that one of the things that stands Bermuda apart is the fact that we are often united across the aisle in our support of our international business sector, well, most parts of it. We will see what happens in the next Bill. But particularly our international business sector and our insurance sector. One thing, Mr. Speaker, that I would like to just revise and reflect for the record. When I was doing my brief, I did say that in support of the aforem entioned, that is proposed to amend the Act to provide for the
Bermuda House of Assembly manner in which the Authority may designate which member of an internationally active insurance group shall be its head. And it went on to say that once the Authority has made the determination, the Authority will be required to notify the relevant member of the inter-nationally active insurance group of its intention to make such a designation. I went on to say that the Authority will also be required to take written representa-tions from the group into account when making its final determination. Mr. Speaker, I should have said, and I want to make sure that it is reflected in the record, that the Authority will be required to take written representations from the member i n account of making its final determination. So I just want to make sure that this is clear and that it is consistent with the legislation, of course, which we will be discussing in Committee. In regard to the questions that have been asked by the Honourable Shadow Minister, the an-swers to the questions are as follows: The question around appeal, there is no appeal. The question about the timing for the rules for recovery planning, they will be forthcoming later this month for consultation. Okay. I think that answers the quest ions.
The SpeakerThe SpeakerOkay. Would you like to go to Committee now? Hon. E. David Burt: Absolutely, Mr. Speaker. Mr. Speaker, I move that the Bill be now committed.
The SpeakerThe SpeakerThank you. Deputy [Speaker]. House in Committee at 2: 36 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL INSURANCE AMENDMENT ACT 2023
The ChairmanChairmanHonourable Members, we are now in Committee [of the whole House] to discuss the Bill the Insurance Amendment Act 2023 . Finance Minister, Premier Burt, you have the floor. Hon. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I would like to move all six clauses, if possible.
The ChairmanChairmanContinue, Minister. Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, clause 1 provides the citation for the Bill. Clause 2 of the Bill amends section 1 of the Insurance Act 1978, the principal Act, to insert a definition of “recovery plan.” Clause 3 amends section 6A …
Continue, Minister. Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, clause 1 provides the citation for the Bill. Clause 2 of the Bill amends section 1 of the Insurance Act 1978, the principal Act, to insert a definition of “recovery plan.” Clause 3 amends section 6A of the Act to enable the Authority to make technical or prudential rules with respect to recovery plans. Clause 4 inserts new section 6G into the Act to provide a framework under which commercial insurers and insurance groups may be required to prepare re-cover y plans where the Authority has determined, based on the nature, scale, complexity and risk profile of the insurer or insurance group, that it would be prudent for such a plan to be prepared. The scope and requirements of the plan shall be prescribed by the Au-thority in prudential or technical rules and maintained at the head office of the commercial insurer in question or at the head office of the designated insurer in the case of an insurance group. Clause 5 amends section 27[A] of the Act to insert a definition of “Head of the IAIG [internationally active insurance group].” Clause 6 inserts new section 27I into the Act. This section empowers the Authority to designate, for the purposes of supervision, a member of an internationally active insurance group as its “Head of the IAIG.” This clause also requires the Authority to notify the rel-evant member of the internationally active insurance group in writing of its intention to designate such mem-ber and to take into account any written representations made by such member prior to the Authority issuing to that member its designation in writing.
The ChairmanChairmanAre there any further speakers? There appear to be no speakers. Premier. Hon. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I move that clauses 1 through 6 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 6 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 6 passed.] Hon. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I move that the Bill be reported to the House …
The ChairmanChairmanPreamble. You have to do the preamble. Hon. E. David Burt: My sincere apologies. Mr. Chairman, I move that the preamble be approved. 1384 19 May 2023 Official Hansard Report Bermuda House of Assembly The Chairman: It has been moved that the preamble be approved. Are there any objections to …
Preamble. You have to do the preamble.
Hon. E. David Burt: My sincere apologies. Mr. Chairman, I move that the preamble be approved.
1384 19 May 2023 Official Hansard Report
Bermuda House of Assembly The Chairman: It has been moved that the preamble be approved. Are there any objections to that? There appear to be none. The preamble is approved.
Hon. E. David Burt: Thank you, very much, Mr. Chairman. I now move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. [Motion carried: The Insurance Amendment Act 20 23 was considered by a Committee of the …
The ChairmanChairmanMr. Speaker. House resumed at 2:40 pm [Hon. Dennis P. Lister, Jr., Spea ker, in the Chair] REPORT OF COMMITTEE INSURANCE AMENDMENT ACT 2023
The SpeakerThe SpeakerMembers, are there any objections to the Bill entitled the Insurance Amendment Act 2023 being reported to the House as printed? There are none. The Bill has been reported. This brings us to a conclusion of that matter. We will now move on. The second item on the Order Paper …
Members, are there any objections to the Bill entitled the Insurance Amendment Act 2023 being reported to the House as printed? There are none. The Bill has been reported. This brings us to a conclusion of that matter. We will now move on. The second item on the Order Paper for today is the second reading of the Digital Asset Business Amendment Act 2023, again, in the name of the Premier/Minister of Finance.
Hon. E. David Burt: Thank you, Mr. Speaker. The Spe aker: Yes.
Hon. E. David Burt: Mr. Speaker, I move that the Bill entitled the Digital Asset Business Amendment Act 2023 be now read for the second time.
The SpeakerThe SpeakerAny objections? None; continue. BILL SECOND READING DIGITAL ASSET BUSINESS AMENDMENT ACT 2023 Hon. E. David Burt: Thank you, very much, Mr. Speaker. Mr. Speaker, I am pleased to present the Bill entitled the Digital Asset Business Amendment Act 2023 to the House of Assembly. The purpose of the Bill …
Any objections? None; continue.
BILL
SECOND READING DIGITAL ASSET BUSINESS AMENDMENT ACT 2023
Hon. E. David Burt: Thank you, very much, Mr. Speaker. Mr. Speaker, I am pleased to present the Bill entitled the Digital Asset Business Amendment Act 2023 to the House of Assembly. The purpose of the Bill is to amend the Digital Asset Business Act 2018, herein referred to as “the Act” to provide for the following. First, to provide a framework for a consolidated exemptions regime to provide that rules be made in relation to cyber risk instead of cybersecurity to include the new digital asset business activities of digital asset lending or digital asset repurchase transactions, service provider as activities for which the Bermuda Monetary Authority, hereinafter referred to as “the Author-ity,” may grant a licence and to clarify that the supervisory powers imposed by the Authority include power to impose and vary conditions of the grant of a licence. Mr. Speaker, additional amendments wi ll also be made to other provisions of the Act to address reporting requirements, record -keeping and publication of information on the Authority’s website. Mr. Speaker, Bermuda’s financial services sector is subject to the regulation and supervision of the BMA. The Authority was established in 1969 under the Bermuda Monetary Authority Act, and the Act provides the Authority with the substantive licensing, supervision and intervention powers to, inter alia, regulate the digital asset business sector in Bermuda. Mr. Speaker, the licensing and supervisory process is prescribed by la w and supplemented by subsidiary legislation and guidance notes. These detail the classes of licence based on the nature of business and related risk , reporting requirements: statutory financial statement filings and vetting of controller shareholders amon g other aspects. Also, Mr. Speaker, as said before, the Authority is authorised to act as advisor to the Minister of Finance on policy matters related to any financial institution. Ac-cordingly, the Authority proposes laws where it can do so appropriat ely and consistently with its functions under the Bermuda Monetary [Authority] Act 1969. And it can also respond to an invitation to do so from international standard- setting bodies as well as other countries. Mr. Speaker, Honourable Members should be aware that the Authority actively engages with its international regulatory peers, ensuring that it remains abreast of international development and best practices. One such example of international engagement and collaboration is the Authority joining the Global Financial Innovation Network [GFIN] in January 2019. The Global Financial Innovation Network is a group of regulators committed to advancing financial integrity, consumer well -being and protection, financial inclusion, and financial stability through innovation in financial
Bermuda House of Assembly services. It is comprised of 10 coordination group members (including the Authority); 66 regular members; and nine observers. Mr. Speaker, the Act sets down a supervisory framework for the oversight of digital asset business providers. Unless exempted under the Act, before engaging in digital asset business a person must submit an application to the Authority and obtain either a Full digital asset licence (Class F), a Modified licence (Class M), or a Test licence (Class T). Now, Mr. Speaker, here is how fast the digital asset landscape is changing because in my remarks that were printed yesterday there were 18 digital asset companies registered in Bermuda; however, today there are now 20. The House is advised that there are currently 10 Class F licence undertakings, six Class M undertakings, and four Class T licence undertakings with the Authority. Mr. Speaker, the digital asset ecosystem in Bermuda has significantly expanded since the enactment of the original Digital Asset Busi ness Act back in 2018, just about a year ago . . . five years ago I think, five years ago to the very week that we passed the Dig-ital Asset Business Act in this Honourable House. It should also be emphasised that Bermuda keeps attracting global players in the digital asset sector. The likes of Coinbase, Cash App World and Block, Circle Before, and Bittrex, continuing to work. And Mr. Speaker, it should not be lost that not only are we ex-celing in digital asset businesses, we are also excelling in digital as set insurance. And all of these companies in the growth are a testament to the robustness of the jurisdiction digital framework, but also Mr. Speaker, toward the vision and determination of this Government to persevere despite the criticisms that were given to this Government. [Desk thumping]
Some Hon. Members Some Hon. MembersYes! Yes! Hon. E. David Burt: When it comes to digital lending and borrowing, or digital asset repurchase transactions, Mr. Speaker, digital asset lending and repurchase transactions have grown s ignificantly over the last few years. This market, regulated in the appropriate manner, can provide increased market liquidity, flexibility and …
Yes! Yes!
Hon. E. David Burt: When it comes to digital lending and borrowing, or digital asset repurchase transactions, Mr. Speaker, digital asset lending and repurchase transactions have grown s ignificantly over the last few years. This market, regulated in the appropriate manner, can provide increased market liquidity, flexibility and funding as well as trading efficiencies. Mr. Speaker, digital asset lending is facilitated through intermediari es who connect borrowers and lenders of digital assets. They facilitate loans by matching borrowers demands with lenders supplies. Borrowers typically use these loans for making markets, margin trading, short -selling, or other purposes, while lenders can earn a yield or return on their digital assets. Mr. Speaker, the importance of regulations in maintaining stability for digital asset lending and repurchase transactions cannot be overstated. And as such, licensed persons will be required to adhere to the Act. Mr. Speaker, it is noted that these activities already fall within the legislative and regulatory perimeter of the Act as the digital asset services vendor activity captures any type of intermediation in relation to digital assets thus including lending and repurchased transac-tions. And therefore entities conducting such activities already require a licence. This notwithstanding, by incorporating a specific classification for these activities within the framework of the Act, the Authority will be better equipped to establish bespoke guidelines. Furthermore, this approach ensures a clear regulatory en-vironment for all stakeholders involved. Entities licensed to perform this activity will also be subject to frequent inspections by the Authority and wil l have an array of prudential conduct anti -money laundering, antiterrorist financing obligations to fulfil. Mr. Speaker, and if I may just before I move on, I think that everyone will know and understand why it is important for these matters to be regulated.
The SpeakerThe SpeakerMm-hmm. Hon. E. David Burt: If persons will cast their mind back to about last year, 10 months ago, in the month (I want to call it) maybe June or July, there were significant challenges inside of the digital asset sector due to certain things that were inside of this …
Mm-hmm. Hon. E. David Burt: If persons will cast their mind back to about last year, 10 months ago, in the month (I want to call it) maybe June or July, there were significant challenges inside of the digital asset sector due to certain things that were inside of this lending and staking matter which caused severe disruption to the digital as-set markets. So I think it is important, Mr. Speaker, that we understand that we are providing not only regulatory clarity but continuing to update our role so that we can continue to demonstrate the leadership in digital asset regulation that Bermuda is now known for globally. Moving on to compliance with Financial Action Task Force [FATF] standards. Mr. Speaker, the House would be aware that the Financial Action Task Force, I will refer to it as FATF, sets down additional risk assessments and risk management requirements related to new technologies and other matters. Recommendation 15 of the FATF standards, which is also applicable to designated non- financial businesses and professions, by virtue of Recommendation 22, requires countries and financial institutions to identify and assess the money laundering or terrorist financing risks that may arise in relation to the following: First, the development of new products and new business practices including new delivery mechanisms. And second, the use of new or developing technologi es for both new and pre-existing products. Mr. Speaker, in the case of financial institutions, FATF requires that such a risk assessment should take place prior to the launch of the new products, business practices or use of new or developing technologies . They are also required to take appropriate measures to manage or mitigate the risk. Mr. Speaker, in furtherance of the aforementioned, the House is advised that a copy of the Author-ity’s anti- money laundering risk assessment has been provided to the Mi nistry of Finance in accordance with 1386 19 May 2023 Official Hansard Report
Bermuda House of Assembly the Ministry’s policy development process. Given the fact that the proposal modifies an existing framework which has previously been subject to a comprehensive risk assessment, the Ministry of Finance is satisfied with the Authority’s assessment that no additional risk arises in connection with this proposal. Moving on to the analysis of trends. Mr. Speaker, the digital asset sector, including cryptocur-rencies and other blockchain- base assets, whether they be NFTs [ non-fungible tokens] or other types of assets which are mirroring hard assets have grown significantly in recent years , fuelled by increasing adoption, and interest from both retail and institutional investors. While this growth has not been without its challenges, such as regulatory uncertainties and market volatility, Bermuda has been able to establish itself as a credi ble international hub for digital asset businesses. Mr. Speaker, by way of background, it was determined from the outset that Bermuda would develop and implement a regulatory framework for the digital asset sector and even before the Financial Action Tas k Force or other standard- setting bodies had established any requirements in that area. Over time Bermuda has taken active steps to review and update the regulatory requirements as part of its work to ensure that its su-pervision is robust and appropriately addresses the identified risk. Through this process Bermuda is now favourably regarded as a jurisdiction with a demon-strated commitment to developing this sector in a prudent and considered manner. Now, Mr. Speaker, I did speak briefly about the fact th at we developed this industry before there were international standards that were set out by the Financial Action Task Force. I want to share two stories for Honourable Members on that because it might be helpful. The first of which I will state, which Honourable Members may have heard before, but those persons listening may not know. When we did set about this in 2018, of course we were running up to our mutual evaluation from the Caribbean Financial Action Task Force [CFATF] which is something that was cr itically important. And there were concerns about whether or not we could advance this matter and still maintain good ratings. While some persons would automatically as-sume–– and clearly if not properly regulated there would be additional anti -money launder ing risks that would come toward the jurisdiction. So I think it is important to know, Mr. Speaker, that though FTAF did not come out with rules until 2019, when we launched this industry in 2018, we did go for a risk assessment and we did produce anti - money laundering rules for this sector. What is important to note, Mr. Speaker, is that when the rules came out in 2019 from the Financial Action Task Force, the rules that Bermuda had developed and put in place in 2018 were in excess of those rules, which demon-strates the ability of Bermuda to manage risk in new and emerging areas. But I think it is also important, Mr. Speaker, to recognise that this exercise in and of itself of the risk assessment for the digital asset business sector was a key part of what earned Bermuda in a very high- ranking . . . I think one of only two countries that had a ranking on a particular immediate outcome, which stated that we know how to assess risk. And so it is interesting to note that despite the criticism, despite in some c ases I would say from industry and others where there was a fear that this particular advancement from the Government of Bermuda could cause risk, it was demonstrated that not only do we know how to manage that risk [because] when FATF released their stand ards our standards were in excess of what FATF standards were, but also to note that the development of this sector and our appropriate management of risk was a key point in our mutual evaluation for achieving a high immediate out-come in one of the categor ies. So I think it is an important story to learn, Mr. Speaker, or for persons to understand because it demonstrates that what we have works. Between the regulator and the Government and industry, we can get it right. And that is the reason why we are abl e to continue to innovate in these spaces and do things like what we are doing today —setting out regulatory clarity for digital asset lending and borrowing which is not something that we have seen in other jurisdictions, Mr. Speaker. As I move on, it is c rucial to acknowledge the significance of appropriate regulation in the digital as-set industry, especially given recent events such as FTX’s collapse last November. These events emphasise the need for stability, which is increasingly sought after by consumers, investors and business. Mr. Speaker, it should be stressed once again that the incorporation of a specific classification within the framework of the Act for a person engaging in digital asset lending, and repurchased transactions will both provide greater legal and regulatory certainly for all stakeholders involved and better equip the Authority to establish bespoke guidelines for these types of activities. This will allow Bermuda to embrace opportunities, balanced by robust regulation. As always, M r. Speaker, anything that comes from the Bermuda Monetary Authority in regard to changes to laws is subject to consultation. And a consultation was put together with a draft Bill and was published on the Authority’s website from November 2021 through January 2022. Mr. Speaker, I certainly welcome the finalisation of this Bill. In all this process the Authority, together with the Ministry, has displayed a strong commitment to transparency as to the standards that are expected and the requirements that are i mposed on the financial services sector broadly but also the digital asset sector locally. Mr. Speaker, as is the Authority’s normal custom and practice, the House advise that these amendments appropriately take into the account the feedback
Bermuda House of Assembly produced by various industry stakeholders. And I would like to thank all persons within the Authority, the Attorney General’s Chambers, the Ministry of Finance and the private sector who have assisted in the development of this Bill which once again reflects our commit-ment to a strong and robust regulation sector but also demonstrate the fact that Bermuda continues to lead. Before I close, Mr. Speaker, as this is the general debate, and speaking on general principles of the Bill, this Bill is the amendment to the Digital Asset Business Act. Because I had said earlier in my Statement, Mr. Speaker, it is five years to the week that we passed the original Act inside of this House.
[Desk thumping]
Hon. E. David Burt: Absolutely! And I think what is important, Mr. Speaker, to note and to remember, is that this is not without its challenges. And as we said in this House many times, no Government is perfect. But it is important to note, be-cause I am sure I know it will come in the debate from Members opposite, there will be ni t-picking and views to history. But what I would ask Honourable Members to do while they go through that debate, is that they look at the companies that have been licensed by the Bermuda Monetary Authority inside of our licensing regime. Because here is th e thing, Mr. Speaker, in 2018 when we started this strategy, we had to adjust our strategy in 2019 because what Bermuda was trying to be at that time was all things to all people. And you know, I have to give thanks and credit to the former Minister, and Member from constituency 14, MP Wayne Caines, who was a driving force early on in this. And also to the MP from constituency 21, Curtis Dickinson, who served as the Minister of Fi-nance who also continues to advance this regime as well. But here is what is important to note, Mr. Speaker, during 2019 MP Caines and I said that we have to make a shift. We have to make a shift because what we were finding was that there were a number of companies where we were trying to be all things to all people, who were s howing up on our doorstep, coming up with grand plans saying this, this, this and all the rest. And the challenge was, Mr. Speaker, they could not ever get past the Bermuda Monetary Authority. And so the Government adjusted its position, adjusted its marketing, adjusted its external relations where, instead of attending all of the conferences, of attending and saying, you know, Bermuda is open for business and all of this, and having numbers of persons coming to our shores who could not actually make it thr ough the process, we adjusted our focus to focus on high - quality companies, work with law firms making sure that companies that we were actually attracting to Bermuda could get through the BMA. And we also adjusted our public relations in that we would not be taking pictures or videos or images or attending events or anything with companies that were not licensed by the Bermuda Monetary Authority. So, yes, Mr. Speaker, there were missteps. But I think it is important to note that if those missteps and criticisms stopped our progress, we would not be where we are today. We were convinced that the vision was correct. I could not be more thankful for the work and support that I have received from Members on this side, for the work and support that we have received from the Bermuda Monetary Authority, for the work and support that we have received by the broad sector, whether they be FinTech advisors past or present, whether they be persons who were working in the industry, whether it be the law firms, whether i t be the industry associations, persons who are committed—committed —to ensuring that we develop and grow this industry in Bermuda, Mr. Speaker. The fact is that due to our work over the last five years Bermuda is amongst the top—many would say the top. We are winning the race to be the jurisdiction of choice for the regulation of digital assets, for in-ternationally active (I would call them) cryptocurrency, digital asset, whatever business you want to call them, Mr. Speaker. We are winning. We are succeedi ng. Bermudians are being employed. Our sector is expanding. More companies are being added to our register on a regular basis and it is because of the work and dedication that we have committed to in this House. So, as I commit this Bill to the House, Mr. Speaker, I want to thank all of those persons, as I com-mend this statement at the introduction of this Bill, I want to thank all those persons who stood by us, who had confidence that we had the right vision, who sup-ported us along this journey because we were correct in setting this stand, and I commend this statement to the House. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? Deputy Opposition Leader, you have the floor.
Mr. Jarion RichardsonYes, thank you, Mr. Speaker. And I thank the Honourable Premier for bringing this legislation to the House and of course the work of the Bermuda Monetary Authority and other technical officers in ensuring that we have robust regulation. Mr. Speaker, it goes really without saying that we in the …
Yes, thank you, Mr. Speaker. And I thank the Honourable Premier for bringing this legislation to the House and of course the work of the Bermuda Monetary Authority and other technical officers in ensuring that we have robust regulation. Mr. Speaker, it goes really without saying that we in the Opposition support regulation, regulators, and regulations in this specific way . One of the things that we have to constantly adapt to in Bermuda is the ne-cessity to be forward- thinking and engage in processes whilst at the same time preserving our reputation and preserving the businesses that have already made Bermuda their home, and the benefits that this has accrued into our society. 1388 19 May 2023 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, one of the reasons that we specifically need to regulate this space with a great deal of attention to detail and acuity is because crypto assets are volatile in their valuations. And that is to say that their price changes quite quickly. When it changes quickly, it can change substantially as well. We have seen in the digital asset business or otherwise called virtual assets, cryptocurrency space globally countries racing to adopt standar ds to provide some form of regularity and regulation in standards, standardisation of operation for these areas, especially as it relates to consumer protections. It is not hard to go on to a digital asset exchange, put in all your fiat, that is real currencies that we are . . . traditional currencies, and to promptly lose the entirety of that money, much like other securities, Mr. Speaker, although other securities are far more regulated and have a lot more time devel-oping as products and services and ther efore the legislation is much more secure. So, as I said, we have to be quite careful because crypto assets are, by their nature, actually quite volatile. One of the areas we especially want to be sure of is that we provide sufficient solvency and a back stop relating to digital asset businesses. In other words, if something goes wrong, what do we do about it? Just today we were just talking about living wills and recovery plans.
Mr. Jar ion RichardsonThank you. I was just waiting for the air conditioner to finish its protest. Yes, so . . . sorry, Mr. Speaker. Living wills and recovery plans, I mean, these are things that we need to do to protect not just Bermuda and Bermuda’s reputation, but also the consumers of …
Thank you. I was just waiting for the air conditioner to finish its protest. Yes, so . . . sorry, Mr. Speaker. Living wills and recovery plans, I mean, these are things that we need to do to protect not just Bermuda and Bermuda’s reputation, but also the consumers of these digital services. Bermuda is a very consistent business to business service provider. That is, our insurance and reinsurance sector typically deals with, yes, large volumes of money but it deals with them in a business to business scenario. Our financial services industries in Bermuda have not had volume- based consumer facing businesses in quite some time. Now, I will give an example, Mr. Speaker, our banks only bank [with a limited number] of people and only have so many accounts open, et cetera. But when you get into the digital asset space, Mr. Speaker, you can quickly scale up these businesses into the millions of account holders. And at that point you are looking at a very different kind of risk. And what we do not want to happen is something like an FTX or a Signature Bank or Silicon Valley Bank where [their] collapse brings ob-viously a detriment to the consumers, the ultimate account owners, but even worse it brings . . . well, not even worse, but certainly equall y so, it brings damage to the reputation of Bermuda. And again, given the amount of pre- existing business we have in Bermuda, we have to be very deliberate and clear again with this regulation. So this is a good idea that we regulate this space. One of the things that it is going to do is that it is going to break up some of the definitions that we have contained. The Honourable Premier did mention . . . oh, I should probably disclose, Mr. Speaker, I have some familiarity with this space. I work on applications as it relates to these and many —
Hon. E. David Burt: Ahh!
Mr. Jarion Richardson—other financial services companies. So to that end, we are breaking it up because some of these definitions for digital asset businesses, need to be very clearly defined. In fact, the Honourable Premier mentioned that we will then be able to develop very specific guidelines, specific to each type of …
—other financial services companies. So to that end, we are breaking it up because some of these definitions for digital asset businesses, need to be very clearly defined. In fact, the Honourable Premier mentioned that we will then be able to develop very specific guidelines, specific to each type of digital asset business in Bermuda. I think that this is actually incredibly important. And so my first question to the Honourable Premier is, When will we see these guidelines being issued as it relates to the new categories of digital asset business as defined in this Bill? As I said, Mr. Speaker, we also have to culturally adapt to having these kinds of companies in Bermuda. Again, we are used to a business -to-business scenario, but this business -toconsumer, again, scaling into the millions of users, that is a whole different kind of animal of regulation. To that end, Mr. Speaker, I will speak a little bit to the money laundering because the Honourable Premier did bring it up and I think it is worth doing. As it stands right now, and Mr. Speaker, the Honourable Premier mentioned the Financial Action Task F orce. This is the global standard body, the global body for setting standards in anti -money laundering and anti -terrorist financing and the proliferation of mass destruction as well as dealing with targeted financial sanctions globally. So these are people who we want to constantly score well with. Our most recent assess-ment was conducted by a subsidiary (as it will; that is not technically correct, but a component of the [CFATF], which is the Caribbean Financial Action Task Force) and we were recently assessed for compliance with these international standards. But what is noteworthy, at the time of the assessment we did not have any licensed digital asset businesses, and as it stands right now, our national risk assessment into money laundering does not inc lude a section that assesses digital asset businesses. Now, that is a lot of technicality. But what that boils down to mean is that we still have some work to do in this space. Most especially what I really want to point out is getting clarity on this mak es it also easier for digital asset businesses to do business in Bermuda, and it makes it easier for people to advise digital asset
Bermuda House of Assembly businesses in Bermuda. We really need to make sure that we get the risk indicators from the various policy components to mak e sure that we are able to successfully mitigate money laundering and terrorist financing through the digital asset business industry. To that end, Mr. Speaker, my question to the Honourable Premier is, When does he anticipate the national risk assessment , that is, money laundering risk assessment covering digital asset business? When will that assessment be made public? Another question to the Honourable Premier, Has the Government as-sessed the risks that digital asset business poses to the reputation of Bermuda? This one is actually a little different from the other ones. When we assess risk, we assess it based on . . . we are trying to reach conclusion that says whether a risk will . . . what the probability is that a risk will take place and the damage that this would cause should that risk take place. So that is what we talk about when we say risk assessment. And one of the things that we do not . . . I have never seen anything that cl early outlines the value in Bermuda’s reputation. You see, anything that takes place in Bermuda obviously poses a threat to our reputation. And so my question to the Honourable Premier is, Has the Government of Bermuda or any other body that he is aware of assessed the risk that DABA poses to the reputation of Bermuda? A further question, Mr. Speaker, well, actually, it is just a reiteration. Digital asset businesses deem to be an increased risk of money laundering and terrorist financing internationally. And as I said, the NRA (or national risk assessment) does not currently include an assessment of it. So when we will see that document being updated so that we can get industry to be better equipped and informed to detect, deter and prevent money launderin g and again, causing further damages to our reputation? The next question [I] have, Mr. Speaker, is, the Honourable Premier brought up digital asset insurance. As a point of inquiry, how many of those are currently licensed? Then the next question, of cour se, When will the bespoke guidance be issued for these new service lines? To that end, Mr. Speaker, again, we are in support of making sure that regulation is appropriate and fitting and covers all of the risk areas that we need to identify. This is an ar ea where we are . . . since the Honourable Premier mentioned . . . since we are leading the way, then we have to make sure we are doing so in as prudent and deliberate a manner as possible and to that end I think we may have some other speakers to this, but we look forward to getting into the detail of this legislation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? MP Caines. Mr. Wayne Caines: If it pleases you, Mr. Speaker.
Mr. Wayne CainesMr. Speaker, first I would like to thank the previous speaker for his balanced review. I think it was quite helpful to hear him articulate salient points devoid of anything to make people nervous, but to clearly highlight some intelligent and thought -through responses. And I just want to thank …
Mr. Speaker, first I would like to thank the previous speaker for his balanced review. I think it was quite helpful to hear him articulate salient points devoid of anything to make people nervous, but to clearly highlight some intelligent and thought -through responses. And I just want to thank him for that in ad-vance. Mr. Speaker, the Premier had a vision for the country in this space and I was privileged to be a part of our journey. As you heard from the Premier, five years ago to the day, we passed a Digital Asset Business Act, or the DABA Act, and it is serendipitous for us to be here five years later. If the world was perfect, if business was perfect, if our economy was perfect there would be no need for amendments. This area is evolving so quickly that we have realised that we have to put the new guardrails in place, continue to look the evolution in this space and continue to make sure that Bermuda is doing everything that we can to protect our biosphere. I am always buoyed to see and to read and to note the involvement of the Bermuda Monetary Authority. Mr. Speaker, you know that this is an independent body with a plethora of experts, people who specialise now in this area. Five years ago when this was a nascent space we were all growing in this regard together. Since Solvency II and since—the grey, the black, the white —the list, we have realised and have always done so, that we must do everything in our power to make sure that Bermuda is kept in the world as a premier financial jurisdiction. This Bill is an evolution to evidence of prudence, our responsibility, keeping in the forefront of all of our business partner’s minds that we understand that we are going to be in a developing place, but we will never sacrifice the integrit y, the acumen, or the safety of our financial space. The Act does a few things in the main to provide a framework for consolidating the exemption re-gime, to provide rules that are made in relation to cyber risk, instead of cybersecurity, to include the new digital asset business activities of the digital asset lending or digital asset repurchase or transaction service providers as activities for which the Bermuda Monetary Authority may grant a licence and to clarify the supervisory powers imposed by the Aut hority to include the power to impose various conditions to grant a licence, all of those things, Mr. Speaker, that we can see as a part of the exercise in prudence. We are not only doing this by ourselves or in absentia, we are doing such things the Berm uda Monetary Authority with GFIN. GFIN is the Global Financial Innovation Network . This is a group of global regulators. The role of GFIN, they are watchdogs (if you please) in this space. Every time you make a decision it is not done in a vacuum. This is done with global best 1390 19 May 2023 Official Hansard Report
Bermuda House of Assembly practice. That is something that we have to understand, that we have to consider and that we have to put in the matrix when we are looking at what is done for the best interest of Bermuda in the digital asset business space. Now, the pundit, the naysayer will always go to the far right or to the exception to any rule and highlight bad actors or people who are nefarious dark actors or light actors in these spaces. We realise that we have to always make sure that our legislation is robust, is prudent and (as a lawyer I have that affliction, Mr. Speaker) how you understand legislation is when you look at the ease in which it is amended, at the ease in which it can be amended. And so if there is something that needs to be amended, that needs to be tweaked, if this space evolves, we have to be able to come back to the House and say, for a double portion of prudence, we need to be able to manage this with legislation to put specific things in place as this is a space that morphs quite rapidly. We have to look at what the long- term prognostications are in this space. It centres around not on hype, hyperbole; it centres around solid, disciplined regulation, making sure that our jurisdiction’s banner, our flag, our reputations are not impacted in any way by bad actors. This legislation is sound. It is prudent. It is globally leading. Mr. Speaker, I had the privilege to travel on business and one man that I did not know came over to me to shake my hand. And I said, Talk to me. Tell me. He said, Our country used the Bermuda Digital Asset Business Act as the framework, as the bulwark, as a guiding piece of legislation for [my] country. In other words, they did not have to go into a dark cellar like we did, sit around a table, like we did, bounce our heads for hours, like we did. They simply could use solid, prudent legislation, [from] the country of Bermuda to build the framework of their country. This is an example. I would like to give the Premier and his team credit for foresight, and to the Bermuda Monetary Authority for making a strong, necessary, balanced amendment to the Digital Asset Business Act. I think this Act is fit for purpose. It represents a step in the right direction. My colleague who spoke from the Opposition spoke a few minutes ago a nd he spoke about what we need to do to make sure that our country is protected. Very strong words. Very appropriate words. And something that is constantly in the forefront of the Ministry of Finance and of the Bermuda Monetary Authority. It is something that we must keep our eye on. And it is our commitment to continue to do so. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution at this time? None. Premier. [Crosstalk] Hon. E. David Burt: Mr. Speaker, I am happy to close out. I hear that the new six -year-old was trying to be a part of the debate but he decided that, …
Thank you, MP. Does any other Member wish to make a contribution at this time? None. Premier. [Crosstalk] Hon. E. David Burt: Mr. Speaker, I am happy to close out. I hear that the new six -year-old was trying to be a part of the debate but he decided that, you know, he is still nursing whatever he is nursing from his birthday.
[Laughter]
Hon. E. David Burt: So he is not ready, but that is okay. I am grateful, Mr. Speaker, for the contributions from the Honourable Member who just took his seat. Because, as MP Caines knows, that this was not easy - going at the beginning. And we have taken our fair share of slings and arrows. But when you are pioneer s, Mr. Speaker, you are going to make a few mistakes. But we are setting the standard and there is no question that we are continuing to advance. I will try to address some of the questions that were posed by the Acting Opposition Leader and Acting Shadow Minister of Finance. One question that he asked was in regard to the risk of the Digital Asset Business Amendment Act to the reputation of the country and whether or not it is assessed. I am happy to answer the question. Yes, it was. In 2017 and 2018, pr ior to us bringing the matters to this House, by the Financial Policy Council of which I chair —or the Minister of Finance chairs —and Vice Chaired by Sir Andrew Large with a number of persons from industry . . . or sorry, leaders and movers in the industry including the late Michael Butt who sit on the Financial Policy Council. So, yes, those things were addressed. And that is the forum where we deal with all matters related to financial stability, including from the Bermuda perspective. Reputation is somet hing that is very key insofar as financial stability because if you have a tarnished reputation you begin to lose the leadership space of which you have. Then in that case and instance you will have a financial stability issue domestically inside of your economy. So the answer to the question is yes. And there were discussions at that time on the approach of which would be prudent for the Governor of Bermuda to take. And the Government of Bermuda and the Minister of Finance, at the time, who was the same Minister of Finance now, myself, took the advice and made sure that we brought forward legislation which has served us well. So the answer to the question is yes. When moving to the other matter of which the Honourable Member spoke about [regarding] the national risk assessment, when will we expect digital assets to be included in the national risk assessment? I can advise the Honourable Member that I know that an update in national risk assessment has been done. And from that perspective I have reviewed it and it does include those particular sections and it will be published in the near future. So, I have reviewed the draft and all the rest. I think there was even a parliamentary question earlier about communications and different things
Bermuda House of Assembly like that for the person who is reviewing the said publication for the national risk assessment. And so that particular matter will be published shortly. I am happy to get back to the Honourable Member on digital asset insurers, but I can also advise the Honourable Member that he can always go to the Bermuda Monetary Authority website, as we deal with the BMA all the time. Go under licence entities and then you know there are the innovative insurers that are in-side of the IIGB framework. So they will be able to see the number of licensed companies in IIGB, or now we have IILT, innovative insurers long term. In regard to the questions of which were asked in regard to establishing the bespoke guidelines, [Is it] the aim of the Authority to issue them by the end of the year, working in conjunction with industry and the local industry association called Next? So the aim is to final-ise and publish by the end of 2023. So, Mr. Speaker, I think those are the answers to the questions. As I said, I am grateful for the support from the Acting Leader of the Opposition and also for the support of the Honourable Member from constitu-ency 14. He played such an integral part in getting ourselves where we are today. Mr. Speaker, as I say be-fore I close to commit this Bill to Committee, we have done good thus far, but it is important to note, as the Honourable Deputy Premier was sharing with me, the Honourable Member from constituency 14, MP Caines said he went away and someone came up to him and shook his hand and talked about how [they] were able to take what we had done and copy it and take that to their own jurisdiction. The fact is, Mr. Speaker, that we are leading in a number of spaces when it comes to innovation. The Honourable Deputy Premier was just reminding me that this is the exact same thing of which we are seeing with our energy regulatory sandbox, and things along those lines, where we continue to push the boundaries, we do things that are happening before other countries are doing them, and then noticing other countries replicating what it is that we are doing. So while there is always space for improvement in what we should do, Mr. Speaker, I think it is also important that Honourable Members and the country recognise that Bermuda is leading on a number of fronts. We continue to lead in a number of fronts. And we are going to continue to advance leading in a number of fronts when we look at what the future does hold. There will be, Mr. Speaker, as part of the Bermuda Monetary Authority’s work plan, additional amendments not only to the Digital Asset Business Act but looking forward to a Digital Identity Service Provider Act which will be coming in the future, making sure that we deal with the work to clarify things around digital identity as well. We are going to continue to progress, Mr. Speaker, because what we have to do is to main-tain our position as an innovative jurisdiction for the fu-ture of digital finance. Something that is broadly blessed by the advisors to the Ministry of Finance be-cause [this is] the way that we got to where we are right now in insurance, and other spaces where we are ahead of other countries, ahead of the trends and learned how to regulate these matters properly and that, Mr. Speaker, is what this Bill will do. So with that I move that the Bill be commit ted.
The SpeakerThe SpeakerThank you. Deputy. House in Committee at 3:25 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL DIGITAL ASSET BUSINESS AMENDMENT ACT 2023
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further considera-tion of the Bill entitled the Digital Asset Business Amendment Act 2023 . Minister, Premier Burt, you have the floor. Hon. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, if I may, could I move all …
The ChairmanChairmanYes, you may. Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, clause 1 provides the title of the Bill. Clause 2 amends section 2 of the principal Act by inserting definitions of “digital asset lending transac-tion,” “digital asset repurchase transaction” and “digita l asset lending or …
Yes, you may. Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, clause 1 provides the title of the Bill. Clause 2 amends section 2 of the principal Act by inserting definitions of “digital asset lending transac-tion,” “digital asset repurchase transaction” and “digita l asset lending or digital asset repurchase transactions service provider,” and by inserting definitions with respect to the activities of “digital asset lending” and “dig-ital asset repurchase transactions service provider.” This clause also refines the definition of “cyber report-ing event” to provide further clarity with respect to such events. Clause 3 repeals section 4(5) of the Act as the intention is that this matter will henceforth be set forth in an Exemption Order. Clause 4 amends section [7](1)(d) of the Act to provide that rules will be made in relation to cyber risk, instead of cybersecurity. Clause 5 amends section 10 of the Act to include the new digital asset business activities of digital asset lending or digital asset repurchase transactions service provider, as activities for which the Authority may grant a licence to an undertaking under the Act. 1392 19 May 2023 Official Hansard Report
Bermuda House of Assembly Clause 6 amends section 11 of the Act as the intention is that exemptions and exclusions will henceforth be [embedded] in an Exemption Order. Claus e 7 amends section 13 of the Act to clarify that the supervisory powers exercised by the Authority include the power to impose and vary conditions on the grant of a licence. Clause 8 amends section 15(2)(b) of the principal Act to set forth the requirement for the Authority to publish certain information on its website. Clause 9 amends section 20 of the Act to impose an obligation on senior representatives of a li-censed undertaking which has been exempted from licensing requirements under the Investment Bus iness Act 2003 due to carrying on investment business in an ancillary manner to its digital asset business, to submit a report to the Authority where the licensed undertaking ceases to carry on such business in an ancillary manner. Clause 10 amends section 71 of the Act to impose the obligation for a Class T [licensee] to maintain client transaction records at its principal place of business, as the head office requirement does not apply to such licensees. (It only applies to Class M or Class F.) Clause 11 and the Schedule effect consequential amendments to the Fourth Schedule of the Bermuda Monetary Authority Act 1969 under the heading “Digital Asset Business Act 2018” to introduce new fee payments in respect of the new licensing class. Clause 12 provides for commencement of the Bill. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Premier Burt. Any further speakers? The Chair recognises the Honourable Member [Jarion] Richardson.
Mr. Jarion RichardsonThank you, Mr. Chairman. I would thank t he Honourable Premier. I have a question relating to clause 2[(c)], amending section 2(1) by deleting . . . and repealing [paragraphs] (e) and (f) in the primary Act. [Inaudible interjections]
Mr. Jarion RichardsonThis is clause 2[(c)], amending sect ion 2(1). [Inaudible interjections]
Mr. Jarion RichardsonThis is the paragraph starting “in the definition of “digital asset” by deleting . . . . I believe the intention here is to delete these references and, Mr. Chairman, just for the record, thes e are exemptions (as it were) from what is digital asset business and includes steward …
This is the paragraph starting “in the definition of “digital asset” by deleting . . . . I believe the intention here is to delete these references and, Mr. Chairman, just for the record, thes e are exemptions (as it were) from what is digital asset business and includes steward value cards (for example) and end game credits, things like that. And I note that equally there is a new provision under clause 6, creating an exemption order. My questi on to the Honourable Premier is, Is that an accurate reading that we will delete those definitions and put them under an exemption order? And if that is the case, when will the exemption be issued? Thank you, Mr. Chairman.
The ChairmanChairmanThank you. Any f urther speakers?
Mr. Premier.
Hon. E. David BurtpremierThank you for the question. The Honourable Member is correct. As is mirrored in other financial services legislation where exemptions are done, the order, we are now just updating the Digital Asset Business Amendment Act to mirror those items. The question is what is the timing of the exemption order? …
Thank you for the question. The Honourable Member is correct. As is mirrored in other financial services legislation where exemptions are done, the order, we are now just updating the Digital Asset Business Amendment Act to mirror those items. The question is what is the timing of the exemption order? I am pleased to inform the Honourable Member that the exemption order is ready and following the passage of this Bill in the other place, and the bringing into force of this Bill, the exemption order will be able to be brought into force. So it is ready. And of course, any order will come here if it is negative or affirmative, either way, for the Honourable Member to view. But it is ready and those matters will be done, but [it will be done] when th e Bill is brought into force. We can’t have the order of course until there is actually provision in law that enables us publish the par-ticular order. But I am grateful for the question because it helps provide that clarity. Because it was a question that I had when I first saw this, it was like, Why are we taking these things out, et cetera? And the view was to make sure that those get put into an exemption regime which is similar to other financial services legislation.
The ChairmanChairmanThank you, Premier . Are there any further . . . Mr. Richardson, you have the floor.
Mr. Jarion RichardsonYes, thank you, Mr. Chairman. I would further ask the Honourable Premier as it relates to the Bill in clause 3, which would be amend-ing section 4 of the principal Act by repealing subsection (5), and I will just read that out. Section 4(5) says: “This Act shall not apply …
Yes, thank you, Mr. Chairman. I would further ask the Honourable Premier as it relates to the Bill in clause 3, which would be amend-ing section 4 of the principal Act by repealing subsection (5), and I will just read that out. Section 4(5) says: “This Act shall not apply to any entity owned by the Bermuda Government.” So, since we are repealing that section from the legislation, my question to the Premier is, Why are we repealing that and is there an intention for the Bermuda Government to own a digital asset business? Thank you. [Crosstalk] Hon. E. David Burt: Mr. Chairman, I am happy to respond to the question on clause 3, specifically the amendment of [section] 4 and the repealing of subsection (5) of section 4 in the principal Act, and to advise
Bermuda House of Assembly the Honourable Member that this will also be dealt with in the exemption order.
The ChairmanChairmanAre there any further speakers? The Chair recognises the Honourable Mem ber Scott Pearman. Mr. Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Chairman, and thanks to the Honourable Minister of Finance for his presentation today on this Bill. The thing that I am focused in on here with this Bill is the elem ent of enhancing the oversight by the Bermuda Monetary Authority on digital asset service providers and …
Thank you, Mr. Chairman, and thanks to the Honourable Minister of Finance for his presentation today on this Bill. The thing that I am focused in on here with this Bill is the elem ent of enhancing the oversight by the Bermuda Monetary Authority on digital asset service providers and businesses, and specifically, clause 7. It is page 3 of the Bill, Mr. Chairman.
Mr. Scott PearmanClause 7. And clause 7 is where we see the addition of conditions. And if you refer back to the principal Act, which is the 2018 Act, those are the powers of the BMA, the regulatory powers. Now, we know from this amending Act that there is going to be …
Clause 7. And clause 7 is where we see the addition of conditions. And if you refer back to the principal Act, which is the 2018 Act, those are the powers of the BMA, the regulatory powers. Now, we know from this amending Act that there is going to be an additional power from the BMA to impose conditions. That may always have been there but this is clarifying that the BMA has that power to impose conditions. And the question that I have more specifically is, Are there specific conditions that are envisaged be-ing imposed on digital asset businesses in Bermuda? Thank you.
The ChairmanChairmanAny further speakers? Mr. Premier, you have the floor. Hon. E. David Burt: Mr. Chairman, while I wait for the technical officers to provide me with the answers, I will speak from the knowledge of which I have. Absolutely, there are restrictions that are given at any point in time. …
Any further speakers? Mr. Premier, you have the floor. Hon. E. David Burt: Mr. Chairman, while I wait for the technical officers to provide me with the answers, I will speak from the knowledge of which I have. Absolutely, there are restrictions that are given at any point in time. They are for Modified licences. There are rest rictions and conditions given the number of customers of which they may wish to serve. For other licences, there may be the categories, whether they be fully retail or institutional clients, et cetera, all those types of things are things that are already done and specified inside of legislation as well . . . not legislation, but the conditions that the Authority does issue in the granting of licences. You know, I will just say this broadly, Mr. Chairman, . . . that you know the Authority is striking the r ight balance when the complaint from industry is that Oh, the Authority is too tough. But the fact is that in the places where the Authority is not tough, they have problems. So they have done an amazing job. I am incredibly appreciative for them to contin ue to protect our reputation. But the answer to the question [is on a] caseby-case basis, such as the number of customers and the nature of customers that companies may service as a condition of their licence.
Mr. Pearman.
Mr. Scott PearmanThank you, and thanks to the Shadow Minister for allowing me a further quick question and ahead of his. Just staying on that point on conditions, is it envisaged? It is clause 7, it is the same question as before in relation to the same clauses before. I am just …
Thank you, and thanks to the Shadow Minister for allowing me a further quick question and ahead of his. Just staying on that point on conditions, is it envisaged? It is clause 7, it is the same question as before in relation to the same clauses before. I am just following up. And that is, Are there any anticipated conditions in respect of the solvency of particular businesses? Thank you.
Mr. Jarion RichardsonYes, thank you, Mr. Chairman. I rise to speak to the same clause, clause 7, as it relates to conditions. This Honourable House might not be aware but oftentimes as the application makes its way through the various departments and professionals with the Bermuda Monetary Authority, i t can be …
Yes, thank you, Mr. Chairman. I rise to speak to the same clause, clause 7, as it relates to conditions. This Honourable House might not be aware but oftentimes as the application makes its way through the various departments and professionals with the Bermuda Monetary Authority, i t can be quite an involving and lengthy process which is good, because we are obviously trying to protect Bermuda. But the conditions, they typically come at the end of the application process. So they in might in fact appear to be a surprise to the applic ant. To that point, the Bermuda Monetary Authority obviously as a professional regulator is always striving for fairness and transparency in its processes, espe-cially applications. So to that end, Mr. Chairman, I wonder if the Honourable Premier could speak to how the Bermuda Monetary Authority will ensure that we do not have surprise conditions in the application process. Thank you.
The ChairmanChairmanMr. Premier. Hon. E. David Burt: Mr. Chairman, this gives me the opportunity to say something that I meant to say in the general debate. I will say, o f course, that the Honourable Member is well skilled and aware of what is taking place because it seems the Member …
Mr. Premier. Hon. E. David Burt: Mr. Chairman, this gives me the opportunity to say something that I meant to say in the general debate. I will say, o f course, that the Honourable Member is well skilled and aware of what is taking place because it seems the Member of the Opposition will have the Opposition Leader criticise digital assets inside of the budget speech, and then we know we have plenty of Members of the Opposition who are working inside of the digital asset industry just as the Honourable Member who just took his seat. That much being said, Mr. Chairman, it is continual work and improvement of this process. It is hard. It is really difficult because the Bermuda Monetary Authority is striking a delicate balance. It is striking a balance because there is inherent risk that does exist inside of this industry as it is new, as it is nascent, as there are challenges. And so to make sure to avoid those things some of those conditions which I have 1394 19 May 2023 Official Hansard Report
Bermuda House of Assembly heard from industry may come as a surprise. They are continuing to work on that to make s ure that they are more . . . I don’t want to say business -friendly because they are right where they are supposed to be, but making sure to handle those situations in a better way be-cause it some cases and instances it does provide a challenge. And the last thing that you want to do is to have things that are a surprise when what we are trading on is actual certainty. What we are trading on is understanding and regulatory clarity. So that can kind of mud-dle the message, so I understand the perspective of which the Shadow Minister has and I am happy to invite the Shadow Minister or the Acting Shadow Minister to the Ministry of Finance as we discuss these particular matters on a regular basis. So I am happy for him, if he has not yet done so, to meet with the industry association at Next to talk about all the things and the feedback, et cetera, because there are a number of persons who are continuing to work and advance this particular regime. And feedback that they may be hearing, whether it is from the Oppos ition, generally, or the Honourable Member specifically, can always be taken into account. Because this is about ensuring that we continue to advance this industry and make it work better. So I don’t know how to say Can we stop the BMA from putting [in] surprises? But what I can say is that the point of which he does raise is something that has been raised to myself and has been elevated, that is discussed, and we are trying to make sure that we develop a better process to reduce that particular chal-lenge. Insofar as the question that was posed by the Honourable Member from constituency 22, I am surprised he didn’t declare his interest because I know that CD&P does some digital asset work as well, is that one of the requirements certainly has and always does relate to minimum net assets and working capital ratios. So that is just a given. That is standard prudential regulation of which every financial services regulator does. Insofar as . . . just to go further on that point, certainly we do know that the Bermuda Monetary Authority . . . and this is back to the Honourable Member for constituency 23, the Acting Shadow Minister, MP Richardson, that applicants during the application pro-cess are met with by the Bermuda Monetary Authority and they are certainl y given candid feedback, and [the BMA] tries to make sure that they communicate the conditions which may be proposed prior to the final licence decision and the meeting. So, you know, it is not after, but it is during the process and those things are a challenge. But as I said, we are balancing . . . the BMA is doing a great job of balancing that risk. And so we are trying to make sure that we minimise that process as best as possible.
The ChairmanChairmanThank you. Any further questions? There appear to be none. Premier, you want to move. Hon. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I move that clauses 1 through 12 be approved to stand part of the Bill.
The ChairmanChairmanIt has been moved that claus es 1 through 12 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 12 passed.] Hon. E. David Burt: Thank you, very much, Mr. Chairman. I move that the preamble be approved. The Chair …
It has been moved that claus es 1 through 12 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 12 passed.]
Hon. E. David Burt: Thank you, very much, Mr. Chairman. I move that the preamble be approved.
The Chair man: It has been moved that preamble be approved. Are there any objections to that? There appear to be none. Approved.
Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, I move that the Bill entitled the Digital Asset Business Amendment Act 2023 be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. [Motion carried: The Digital Asset Business Amendment Act 2023 was considered by a Committee of …
The ChairmanChairmanMr. Speaker . House resumed at 3:42 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE DIGITAL ASSET BUSINESS AMENDMENT ACT 2023
The SpeakerThe SpeakerGood afternoon, Members. Are there any objections to the Bill being reported to the House as printed? There are none. Thank you, Members, that concludes that one. I should have said the Digital Asset Business Amendment Act 2023, sorry. Bermuda House of Assembly The next item is Order No. 3 …
Good afternoon, Members. Are there any objections to the Bill being reported to the House as printed? There are none. Thank you, Members, that concludes that one. I should have said the Digital Asset Business Amendment Act 2023, sorry.
Bermuda House of Assembly The next item is Order No. 3 on the Order Paper which is the consideration of the Government Fees Amendment (No. 2) Regulations 2023, again in the name of the Minister of Finance, but the Minister of Tourism is going to deliver this one for him. Minister Campbell, you have the floor. Hon. Vance Campbell: Thank you, Mr. Speaker. Mr. Speaker, with the Governor’s recommendation and in accordance with section 36(3) of the Ber-muda Constitution, I move that consideration be given to the draft Regulations entitled the Government Fees Amendment (No. 2) Regulations 2023 proposed to be made by the Minister of Finance in exercise of the power conferred by section 2 of the Government Fees Act 1965.
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Minister. DRAFT REGULATIONS GOVERNMENT FEES AMENDMENT (NO. 2) REGULATIONS 2023 Hon. Vance Campbell: Mr. Speaker, today I present to this Honourable House the Government Fees Amendment (No. 2) Regulations 2023 . These amendments pertain to Head 6 of the Government Fees Reg-ulations …
Are there any objections? There are none. Continue, Minister.
DRAFT REGULATIONS
GOVERNMENT FEES AMENDMENT (NO. 2) REGULATIONS 2023 Hon. Vance Campbell: Mr. Speaker, today I present to this Honourable House the Government Fees Amendment (No. 2) Regulations 2023 . These amendments pertain to Head 6 of the Government Fees Reg-ulations 1976 and represent fee rates pertaining to the alien land licence process. Mr. Speaker, Part VI of the Bermuda Immigration and Protection Act 1956 outlines the alien land licence process. This process requires (1) a restricted person to have a licence to hold or acquire land in Bermuda and prevents them from appropriating it; (2) obtain a licence to hold or acquire land in Bermuda for the benefit of restricted persons; and (3) prevents corporations from acquiring or holding land in Bermuda unless they do so in accordance with Part VI of the Bermuda Immigration and Protection Act 1956. Mr. Speaker, in the 2022/23 budget year, the alien land licence process received over 120 applica-tions, pursuant to Part VI of the Bermuda Immigration and Protection Act 1956. These applications included land licence applications, permission to let applications, deferral certificate applications and applications under section 80 of the Act. These applications resulted in a total revenue of over $280,000. Mr. Speaker, the Government Fees Amendment Regulations 2023 were recently approved by this House on the 13 th of March 2023 as part of the 2023 budget legislation. The alien land licence fees were inadvertently omitted from the amendment regulations under Head 6 of the Schedule. Mr. Speaker, to ensure that the alien land licence process continues to operate efficiently and ef-fectively, this amendment regulation will correct the Schedule to the Government Fees Regulations 1976 to include the missing fees under Head 6. The fees will be reinserted into the Government Fees Regulations 1976 with no change. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister Campbell, for presenting that. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Cannonier, you have the floor.
Mr. L. Craig CannonierThank you, Mr. Speaker. Yes, actually, I am glad that the Honourable Member gave his brief. It pretty much set the lightbulb off because I was trying to figure what in the world was going on here. What was the impetus to this here? And I could not find any …
Thank you, Mr. Speaker. Yes, actually, I am glad that the Honourable Member gave his brief. It pretty much set the lightbulb off because I was trying to figure what in the world was going on here. What was the impetus to this here? And I could not find any information. I kept going back into the regulation and I couldn’t find any information at all. So I was going through it and my questions at the very beginning were, What was the impetus? What was prompting this here? But if I am correct in hearing what the Minister just said, this already existed but was omit-ted for whatever reasons, and we are just now reinstat-ing it. Is that correct? Am I correct in that? Can you . . . can I oblige the Minister to just clear it up for me?
The SpeakerThe SpeakerAre you asking for clarification?
Mr. L. Craig CannonierHe can clear it up . . . I want to be sure that I am understanding it clearly. In addition to that, I am assuming that this here does not stipulate whether or not this is a one- time fee, if this an annual fee. Certainly as I look …
He can clear it up . . . I want to be sure that I am understanding it clearly. In addition to that, I am assuming that this here does not stipulate whether or not this is a one- time fee, if this an annual fee. Certainly as I look down at the very bottom, [paragraph] (26A), Permission to let, this is probably an area that could withstand an annual fee. And what was this in relation to? The Honourable Member also mentioned that there were approximately 120 applications to the tune of about $280,000. That is a substantial amount. I was curious also whether or not . . . what was the Honourable Member anticipating coming up with this fiscal year? Because I do understand that there are many people out there who fall into this restricted persons category, that many of these trustees and companies seek to get licence for properties. Is he seeing a rise in that? And potentially this could be an area because the fees actually look very, very low. When you think about it, they are extremely low. 1396 19 May 2023 Official Hansard Report
Bermuda House of Assembly Are these particular fees increased by any way at all from the previous fiscal year? So, I would like to understand a little more about that. After having done some homework I understand that the deferral certificate . . . I wasn’t quite sure exactly what that was referring to but I now have a good assessment after having listened to the Minister. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Any further comments? There are none. Minister. Hon. Vance Campbell: Thank you, Mr. Speaker. First of all, these are a per application fee. So for every application the appropriate fees are reflected here. And as was first asked, these fees existed before and they were inadvertently omitted from …
Thank you. Any further comments? There are none. Minister. Hon. Vance Campbell: Thank you, Mr. Speaker. First of all, these are a per application fee. So for every application the appropriate fees are reflected here. And as was first asked, these fees existed before and they were inadvertently omitted from the Schedule and we are just putting them back on the Schedule. They are . . . they have not been increased. So they are as they existed before they were dropped off the Schedule. And there is steady activity in this area. I don’t have any information as we are early in the year to tell you how many we have done so far . . . or what we project, sorry, for the activity for the year. We are hopeful that it at least matches the activity that we experienced last year and we look forward to any increase in activity because of the revenue that it brings and these individ-uals are in and out of Bermuda. They are living here and they are spending money. I believe I have answered all the questions.
The SpeakerThe SpeakerOkay. [Crosstalk] Hon. Vance Campbell: So, yes, these are regulations, so I was just waiting— [Inaudible interjections] Hon. Vance Campbell: Yes. Yes, I understand that. [Inaudible interjections] Hon. Vance Campbell: Yes, I know that.
The SpeakerThe SpeakerYes, okay. No problem. Hon. Vance Campbell: Mr. Speaker, I move that the said draft Regulations be approved and that a suitable message be sent to Her Excellency the Governor.
The SpeakerThe SpeakerAre there any objections? There are none. The necessary acknowledgment will be sent to the Governor. [Motion carried: Draft Regulation entitled the Government Fees Amendment (No. 2) Regulations 2023 was approved.] Hon. Vance Campbell: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Members, for your contribution. We will now move on to the last item on the Order Paper for today and that is the consideration of the Rules of the Supreme Court Amendment Rules 2023 in the name of the Minister of Legal Affairs and the Attorney General. Honourable …
Thank you, Members, for your contribution. We will now move on to the last item on the Order Paper for today and that is the consideration of the Rules of the Supreme Court Amendment Rules 2023 in the name of the Minister of Legal Affairs and the Attorney General. Honourable Minister.
Hon. Ka thy Lynn Simmons : Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Hon. Kathy Lynn Simmons : Mr. Speaker, with the Governor’s recommendation and in accordance with section 36(3) of the Bermuda Constitution, I move that consideration be given to the draft Regulation entitled the Rules of the Supreme Court Amendment Rules 2023 in exercise of the power conferred by …
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Minister. DRAFT REGULATIONS RULES OF THE SUPREME COURT AMENDMENT RULES 2023 Hon. Kathy Lynn Simmons : Thank you, Mr. Speaker. I am pleased to present to this Honourable House the Rules of the Supreme Court Amendment Rules 2023 . The Chief Justice …
Are there any objections? There are none. Continue, Minister.
DRAFT REGULATIONS
RULES OF THE SUPREME COURT AMENDMENT RULES 2023 Hon. Kathy Lynn Simmons : Thank you, Mr. Speaker. I am pleased to present to this Honourable House the Rules of the Supreme Court Amendment Rules 2023 . The Chief Justice in exercise of the power conferred by section 62 of the Supreme Court Act 1905 makes the amendment Rules. This presentation is therefore undertaken in collaboration with the Chief Justice and in accordance with his power to make these Rules. The amendment Rules amend Order 62 of the Rules of the Supreme Court 1985 to include a provision which provides that the Schedule to Order 62 shall apply to scales of cost, fees payable and taxation of all cost incurred in relation to matters heard in the Su-preme Court. In addition, it revokes and replaces the Schedule to Order 62 which provides for the court fees payable into the Registry of the Supreme Court. We are all starkly aware of the need to increase the Island’s revenue stream to assist in stabilising our economy as shared by the Honourable Premier in his Budget Speech for 2023/24. And I quote, “[A]n assessment has been completed comparing Bermuda court fees to those in other jurisdictions and Bermuda’s fees
Bermuda House of Assembly were found to be considerably lower than competitor jurisdictions.” He continued on to disclose, and I quote, “As Bermuda’s international business sector has developed and grown, the number and compl exity of court matters have increased significantly. A new scale of fees, which will impact matters being conducted in the Magistrates Court, Supreme Court and the Court of Appeal has been developed. It is anticipated that these changes will yield an addit ional $750,000” in revenue. Mr. Speaker, for explanatory purposes, I underscore that when documents are filed in the Magis-trates’ Court, Supreme Court or Court of Appeal litigants are required to pay court fees. These fees are payable to commence a new act ion where at certain intervals when seeking to continue an action already underway. Mr. Speaker, these amendments are long overdue. These fees exist in the first instance as indeed they do in other jurisdictions to support the considerable cost of facilita ting the justice system that litigants rely upon to resolve disputes. Remarkably, there has not been any increase in any of our domestic court fees in almost 60 years. It should therefore come as no surprise that research has shown that Bermuda’s current fee schedule for the payment of court fees is manifestly low especially when compared to other British Overseas Territories such as the Cayman Islands. Mr. Speaker, the overall aim of the amendment Rules is to correct this lagging oversight to ensure the sustainability and quality of our justice sy stem. Sustainability in turn warrants that consideration is also given to ensuring that the new fees accurately represent our present day economy. Mr. Speaker, the Judicial Department took into consideration many factors, including the anticipated impact and access to justice before increasing the rates. Accordingly, consultation was undertaken at the Registrar for the courts, the Senior Magistrate, the Chief Justice and the President of the Court of Appeal. In ad dition, input was sought from stakeholders such as the Bermuda Bar Association. I reiterate that these overdue increases bring the fees outlined in line with other similar jurisdictions. In particular, the Chief Justice considers that the fee increases in commercial cases are reflective of the increased judicial resources required to deal with these cases on a timely basis. Mr. Speaker, measures in the amendment Rules will not result in any additional cost to govern-ment. Rather, the increase in fees will lead to a welcome significant increase in the overall revenue collected by the courts. It is noteworthy that the new fees, in some instances, will be significantly higher than the fees presently prescribed in the Schedule. Again, this speaks not only to current economic reality, but also approximately six decades of successive governments not having undertaken this exercise. Mr. Speaker, please permit me to add noteworthy context and important technical clarification to these measures. In 2005, there were amendments to the Rules of the Supreme Court 1985 which repealed and replaced provisions of Order 62, one of which referred to the Schedule to Order 62. The 2005 amendment Rules also included the transitional provision by way of Rule 15, paragraph (4), wh ich says “ Part 1 ( Fees Payable into the Registry of the Supreme Court ) of the Schedule to Order 62” and by doing so reiterated for the avoidance of doubt that Part I of the Schedule was not affected by the 2005 amendments which in turn has been interpreted as Part 1 being valid. (A mouthful, I know.) Therefore, the applicability of Part 1 awkwardly remain despite the provision referencing the Schedule to Order 62 being omitted. These amendments therefore make provision as follows: 1. To remove any lingering doubts as to Part 1, the provisions of these amendment Rules to reinsert into the Rules of the Supreme Court 1985 language clearly giving effect to Part 1 of the Schedule for legal clarity and for public knowledge of the court fees. 2. To update the title of the Schedule to reflect the correct reference for the new provision being inserted by the amendments. Also, to allocate different fees for commercial litigants, i.e., trade or commerce matters, and non- commercial litigants. 3. To provide generally higher fees for commercial litigants consistent with other jurisdictions. The demarcation takes into consideration not only the means of litigants but the fact that commercial litigation often has a greater financial outcome and is more demanding upon the justice s ystem. When the Rules have proceeded through both Houses of the Legislature the Chief Justice can sign the Rules. The Rules will have effect once they have been officially published. A breakdown of total revenue received through the courts in recent years reveals just how lagging these reforms are, especially when compared to the cost of justice administration. It is discernible that the very limited existing revenue stream is particular vulnerable to systemic shocks such as the COVID -19 pandemic which beg an in early 2020 which undoubtedly reflected in that year’s notable decrease in revenue collected. Year over year annual revenue collected by the court is as follows: • in the 2019/20 fiscal year, $177,048; • in the 2020/21 fiscal year, $17,027; • in the 2021/22 fiscal year, $12,649; • in the 2022/23 fiscal year, $24,622. The amendment Rules seize the opportunity to rectify this decade’s overdue modernisation of court fees as well as a noted revenue shortfall. Updating the court fee schedule as presented in these amendment Rules will also provide the opportunity for more me asured incremental increases as required in the future. 1398 19 May 2023 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, these amendment Rules will support an avenue for the Supreme Court of Bermuda to continue to properly administer justice for the foreseeable future. I thank the Honourable Chief Justic e, the Registrar of the Supreme Court and all public officers and stakeholders who contributed to the implementation of this milestone. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution? MP Pearman.
Mr. Scott PearmanAnd good afternoon to the Honourable and Learned Minister, Madam Attorney General who is in the Chambers today to present these Rules. I suppose I should welcome this. It is cause for celebration because, to be fair, I have been banging on about this since I joined this House in …
And good afternoon to the Honourable and Learned Minister, Madam Attorney General who is in the Chambers today to present these Rules. I suppose I should welcome this. It is cause for celebration because, to be fair, I have been banging on about this since I joined this House in 2018. By “this,” I mean the fact that our increases in our commercial court fees were the best way to t ry to generate greater revenue in order to support our much needing family court and criminal court. And so I do indicate the support of the Opposition to the change in the Rules, and I do have also two missed opportunities which I will come to in a minute. As the Learned Attorney General has said, these reforms have been lagging and it is said that it has not been done for some six decades. This is true. Of course, this Government has been in power for the last two decades. It is right that other jurisdic tions charge fees well above the fees that are charged here in Bermuda — [Inaudible interjections]
Mr. Scott PearmanAnd I am glad for the intervention by the Honourable Deputy Premier. Perhaps he will speak to these Rules when the opportunity is afford ed to him. It is right that other jurisdictions have fees that exceed the fees here. And it is right that there was a common consensus …
And I am glad for the intervention by the Honourable Deputy Premier. Perhaps he will speak to these Rules when the opportunity is afford ed to him. It is right that other jurisdictions have fees that exceed the fees here. And it is right that there was a common consensus that this amount could be in-creased after consultation with judges, with Bar Council. And what is interesting also, jus t to pause and take note about the Bill that is in front of us, is the deferential between the fee that is charged for non- commercial actions versus the fees that are charged for commercial actions. And the differential is not consistent through-out, but by and large the fees are at least four times more for the commercial courts. And as I have said, that is as it should be. You know, it is right that our excellent commercial courts with these businesses often bringing multi -million dollar, if not billion -dollar claims, and taking a great deal of time away from the court and using a great deal of the court’s resources and energy, [so these businesses] should properly pay for the use of the court and to assist its sister courts or brother courts in the family court and in the criminal court. So, yes, we think that this is a good change and we are pleased to see it. I did mention two missed op-portunities. One is macro and the other is more micro. The macro- opportunity is that this would have been an opportunit y really to streamline and simplify the fee system. And that was recommended from some corners and indeed from the Bar Council. And I am afraid that doesn’t appear to have been taken up. But perhaps that is an improvement for another day that the Attorney General can sink her teeth into together with the Chief Justice, if and when this is revisited. The second missed opportunity in my view, and again, I do recognise that it is something that I have been banging on about, [is that] we could have charged fees in our commercial courts which were linked to the values of the claim. That is how the UK has done it for almost two decades and it is something that I have called on consistently, year after year, in every Budget Debate for Legal Affairs. We could have recognised that when there is a billion dollar claim, that [claim] should pay a higher fee then when there is a claim for $50,000. That is perfectly fair, perfectly proper, and would have brought greater resources into our commercial courts which could th en support our family court and our criminal court. And so it is a missed op-portunity. So I hope that this will be given further consideration and that eventually we will see that very real solution come into effect here. As I say, it has been in effect, I think, in the UK for at least 20 years if not more. And it does make sense that when you have a multi - billion dollar case going through the courts that the fees that it pays for the summons or for the particular hearing fee, should be linked to the size of the claim. Obviously it is capped. And it is capped in the UK. I think the highest fee for issuing is £ 10,000 on large commercial cases. But there is a gradation there that recognises that some things just suck up the air in the courtroom and require a ll of the court staff to drop things and do things to make sure these cases move forward. And I think it is perfectly fair and proper for the users of the court in that way to bear a proportionate burden of the time that they are taking away from other users of the court. So again, I do say that it is a missed opportunity. Other than that, [I am] pleased to see that we are setting the bar where other jurisdictions have already set it. [I am] pleased to see that this is being done and I think it was the Atto rney General who mentioned that it has been some 60 years since this was visited previ-ously. So we in the Opposition support the Chief Justice in promulgating the change to section 62 of the
Bermuda House of Assembly Court Rules which relates to Supreme Court costs. And indeed, we understand that there are reconsiderations of Magistrates in the Court of Appeal costs in addition. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? None other? Madam Attorney General, you have the floor again. Hon. Kathy Lynn Simmons : Thank you, Mr. Speaker. I have listened carefully to the representations by the Member opposite and I would …
Thank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? None other? Madam Attorney General, you have the floor again.
Hon. Kathy Lynn Simmons : Thank you, Mr. Speaker. I have listened carefully to the representations by the Member opposite and I would encourage him to put action behind his words and to submit to the Hon-ourable Chief Justice any further reforms that he would like to see. It does not serve us well when it comes to these bipartisan measures to sit silent. And I will rem ind the Member —
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Scott PearmanI am afraid that the Honourable Attorney General is misleading the House. I do not sit silent. I have said this repeatedly in each and every Budget Debate in Parliament and I have called repeat-edly, indeed, in the media as well for this change. In-deed, submissions were also made in …
The SpeakerThe SpeakerMadam Attorney General. Hon. Kathy Lyn n Simmons : Thank you, Mr. Speaker. I look forward to the Member putting action behind his words, as I said. And with that being said, all change is positive and I look forward to further reforms in this regard and his suggestions have …
Madam Attorney General. Hon. Kathy Lyn n Simmons : Thank you, Mr. Speaker. I look forward to the Member putting action behind his words, as I said. And with that being said, all change is positive and I look forward to further reforms in this regard and his suggestions have been noted. And I look forward to receiving them from the Chief Justice once the policy is further developed. With that being said, Mr. Speaker, I move that the said draft Rules be approved and that a suitable message be sent to Her Excellency the Governor.
The SpeakerThe SpeakerAre there any objections? There are none. The necessary correspondence will be sent to the Governor. [Motion carried: The Rules of the Supreme Court Amendment Rules 2023 was approved.]
The SpeakerThe SpeakerMembers, that brings to a close all the matters on the Order Paper for today. We will now do the third readings for the first and second items that were done today. Deputy [Premier]. Hon. Walter H. Roban: [ Microphone off ] . . . matters, Mr. Speaker, one was …
Members, that brings to a close all the matters on the Order Paper for today. We will now do the third readings for the first and second items that were done today. Deputy [Premier].
Hon. Walter H. Roban: [ Microphone off ] . . . matters, Mr. Speaker, one was the insurance . . . remember that? That was the first matter done today.
The SpeakerThe SpeakerYes. SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: I move on behalf of the Minister of Finance that Standing Order 21 be suspended to en-able me to move the Bill entitled the Insurance Amendment Act 2023 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections? There are none. Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INSURANCE AMENDMENT ACT 2023 Hon. Walter H. Roban: Thank you, Mr. Speaker. I move that the Bill be now a read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried : The Insurance Amendment Act 2023 was read a third time and passed.]
The SpeakerThe SpeakerWould you like to do the second item? Hon. Walter H. Roban: Yes, Mr. Speaker.
The SpeakerThe SpeakerThank you. SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: On behalf of the Honourable Minister of Finance I move that Standing Order 21 be suspended to enable me to move the Bill entitled Digital Asset Business Am endment Act 2023 be now a read a third time by …
The SpeakerThe SpeakerAny objections? There are none. Continue. 1400 19 May 2023 Official Hansard Report Bermuda House of Assembly [Motion carried: Standing Order 21 suspended.] BILL THIRD READING DIGITAL ASSET BUSINESS AMENDMENT ACT 2023 Hon. Walter H. Roban: Mr. Speaker, I move that the Bill be now a read a third time …
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Digital Asset Business Amendment Act 2023 was read a third time and passed.]
The SpeakerThe SpeakerMembers, that brings us to one other item on the Order Paper at this point and that is the Premier, or Deputy Premier, would you like to move us to that point? ADJOURNMENT Hon. Walter H. Roban: Yes, Mr. Speaker. I do now move that we adjourn until June 2 …
The SpeakerThe SpeakerAre there any objections? There are none. Would any one like to speak to that? Deputy Speaker, you have your 20 minutes on the clock. FAIRMONT SOUTHAMPTON SDO OBJECTIONS Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, there has been much talk about the Southampton Princess Special …
Are there any objections? There are none. Would any one like to speak to that? Deputy Speaker, you have your 20 minutes on the clock.
FAIRMONT SOUTHAMPTON SDO OBJECTIONS
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, there has been much talk about the Southampton Princess Special Development Order. Much of it has to do with six storeys, Mr. Speaker. Mr. Speaker, there are many other buildings in this country that are six storeys with no problem. In fact, the latest was St. Regis in St. George’s. They built a first - class facility. I have been in and out there. In fact, I was touring one last week, the one they just completed. And it is firs t class. And it is on the roadway and it bears no negative connotations to this country. It is an asset to the country. St. Regis. And Southampton Princess will do the same thing. If people think that the investors for the Southampton Princess are going to put up anything that looks like a concrete jungle and try to sell them, they really are not with us today, Mr. Speaker. Mr. Speaker, I think Hamilton Princess is over six storeys. Elbow [Beach] is over six storeys. Perimeter Lane is six storeys. There have been no deliberations as far as going against that, Mr. Speaker. In fact, when I think of the National Trust, Mr. Speaker, and then every time Zane De Silva, Island Construction, puts in an application they object. In fact, a couple of years ago—I am saying a couple; it could be longer than that —when he put in to build some buildings down on the property, they objected. Not only that, Mr. Speaker, they increased his rent by 666 per cent. And then on top of that they put a building on the side of the road, which is . . . when I go across there, it does not look like the normal 25 feet or 50 feet from the road, as many of the other ordinances on the Island require. But they put a building there, Mr. Speaker. So it seems to me that it depends on whose development [it is if] they will make an objection. Mr. Speaker, we have the international business, they have endorsed the plans. The Hotel Association has endorsed the plans. And I certainly endorse the plans. And this Government . . . in fact, what M inister Burch said some weeks ago, I endorse every word he said. We need that investment, Mr. Speaker. I am so glad that Gencom is still here, because if any investors had to go through what they are going through, they would have taken their money and lef t. People think that we have investors lined up at the door, ready to come in and invest in Bermuda. Well, Elbow [Beach] has been closed I think for about four or five years. We don’t have any concrete investors —concrete, meaning that somebody is willing to come down and put their money here. This group is putting $450 million into this country. One of the largest investments by an overseas company in the history of this country. And we are up here objecting, when our airlift is threatened? In fact, it has been, probably for the last, maybe the last 10 or 20 years, that we have not had an all year round flight to Boston. Well, those of us in this industry know why. There are not enough rooms in this country. In order to secure airlift you have got to have s ome rooms. We are a tourist industry. That is our main industry, other than the exempt company business. In fact, tourism was the number one [industry] many years ago, and then international business took over. But one does not go without the other because if we did not have any hotels, our exempt company business would be in jeopardy also. So they go hand in hand, Mr. Speaker. And, Mr. Speaker, the spin- off . . . and I am repeating a lot of things that Colonel Burch said. The spin-off from Southampton Princess . . . once Southampton Princess gets going, as far as construction, there are 700 jobs there. And when they open, there will be 700 jobs then, and more. And we are up here turning our nose up —not us, but some are turning their nose up—and saying, Oh, I guess it is like the fellow on the desert needing water, has no water, somebody
Bermuda House of Assembly brought water, and he says , ‘I don’t want no water unless it has got lemon in it. ’ Mr. Speaker, we have to be very careful because we have got people who in my opinion really don’t care about Bermuda. They don’t care about the workers of this country. Some of them can continue like this. Bermuda [can] continue to get worse and they will be okay because they have enough funds to sustain them. But ask Ms. Smith. Ms. Smith needs her job every day in order to sustain herself. Mr. Speaker, those same people never objected to the airport. Mr. Speaker, up until March gone, 27 months, the taxpayer, via the Bermuda Government, has paid Aecon $50 million in guarantees. Mr. Speaker, that is $1.85 million per month, or $427,000 and some more a week. And if we want to get out of those type of payments, we need some rooms and we need them immediately. And [the airport] was something that was promised that was not going to cost this country a dime, Mr. Speaker. But as you see, it has cost $50 million. And to add insult to injury, the Government paid I think it was over $4 million for lawyers to draw up a contract that has no protection for the people of this country, because during the pandemic when we had no flights coming in, we still had to pay them when we were not earning any foreign exchange for anybody coming into this country. No protection! That is what should have had an investigation. Those lawyers should have been investigated for writing a contract like that. It is irresponsible for any law firm to write a contract and have no protection for [their] clients, Mr. Speaker. That is what they should be concerned about. But they never . . . none of that cr owd ever showed up to protest that. It was okay. And it always seems to be that it depends on who is calling the shots, Mr. Speaker. Which is sad, Mr. Speaker. I live in a country that I think I want it to be one for all people, regardless of who is leading the Government. That is how we should be operating in this country. But it appears not to be. And then when folks like us get out and talk about it, they label us as being racist and everything else, everything negative. That is how they label us. But that’s okay; I’m used to it. You know, maybe I am a bit sensitive, but I am used to it. I understand it, Mr. Speaker.
COVID -19 VACCINE REPERCUSSIONS
Hon. Derrick V. Burgess, Sr.: Now, Mr. Speaker, I want to switch [gears] and turn to something else. This country came through the COVID -19 pandemic pretty good, in a sense, when you compare it to other parts of the world. And the people in the country had to sign a waiver before they got their shot which freed the manufacturers of these shots from liability. They do not have any liability. Now that in itself scared me. And I am not criticising anybody who took the shot because I have family members who took the shot. So I am not criticising that. And as one says, the benefits were greater than the risk. Well, that may be so, Mr. Speaker. My concern is for the people who were injured taking those shots, Mr. Speaker. My concern is that governments around the world should be offering these people some assistance. I do know of two people, one went blind in one eye. And one is near blind. I know people who have heart problems as a result of [the vaccine]. Blood clots. And the list goes on. But we don’t hear about that because . . . one thing in the local and international press, [is that] they have suppressed the information on people who got injured taking these shots. Taking these shots was a trial. Trial and error. And it worked good for some people and not so good for some. I think when I inquired maybe about a month ago of how many [died], it was about 156 deaths. And I asked, How many of those people who had died had the shots? And I was told 21 per cent. That’s roughly about 32 people—32 people didn’t really have to die in my opinion. I am not the doctor. But we had the medical society, some of them, telling us that if you take this shot it won’t spread. Or you couldn’t give it to anybody else. And you wouldn’t catch it. But all that turned out to be false, Mr. Speaker. The shot did not protect you from spreading it to the next person. It did not protect you from getting COVID -19, because I know people who got the shot, they not only caught COVID -19 once, they caught it twice, and more times. And I am not criticising anybody for taking the shot. They took the shot because they thought it was the best thing for them at the time. Again, my concern is for those who got injured. What are we offering to those people who were injured as a result of taking the shots? That is always going to be my concern because I think that we—we —should be offering them some sort of assistance to help them out. I know one of my friends who cannot work since he took the shots. He is near blind. He has to be guided around. And Mr. Speaker, he went to a public f orum and he spoke about this here. The point I am trying to get at is that even though he went to this forum, if he was criticising something it would have appeared in the newspaper. If he was criticising not taking the shot, it would have appeared in the newspaper. But because he said what he said, you know, he was blind and he should not have taken it. He was advised not to take it and he took it and he was near blind. Obviously, he regrets it. That did not appear in the paper. So the press have done their best to suppress those who are injured. Another concern I have, Mr. Speaker. The insurance companies, without any regulations, any legislation, stopped paying for prescription drugs. In fact, insurance companies were telling your doctor how to treat you and what to treat you with. And if [the doctors] prescribed ivermectin, they would not pay for it. And they never reduced the premium that one was paying. Mr. Speaker, I am going to continue to speak about that 1402 19 May 2023 Official Hansard Report
Bermuda House of Assembly because I was one of those who had to pay f or my ivermectin . And they refused to honour what they were paid to do. They denied me and others a benefit, Mr. Speaker. And I am entitled to that. And some things that I regret that happened because those who did not take the shots were discriminated against. Mr. Speaker, I can remember coming back from London. I did not have COVID -19 or anything else, but I had to go and quarantine. In fact, it was so bad that the Army came around the next day to check on me. I said, Oh, man, what’s this here! But they checked on me. But those who had the shot and tested positive, they did not have to quarantine like me. I said, What’s going on here? So I resented being discriminated against. And I know that some were probably thinking they were doing the best thing. But whatever it is, I was certainly discriminated against. Mr. Speaker, you know, since people have taken those shots, the death rate in Bermuda has increased. In fact, in 2018, we had 530 births and 535 deaths. Let me go to 2021. In 2021, we had 727 deaths and 494 births. A difference of 233 more deaths than births. That is the latest figures that were supplied by the Statistics Department. And I would imagine that it would increase for 2022. Hopefully that will turn the other way very shortly.
ACCUSATIONS BY THE ROYAL GAZETTE
Hon. Derrick V. Burgess, Sr.: One other thing I want to talk about, Mr. Speaker, is the press. They took out a page ad and the editor, Mr. Dexter Smith, criticised [MP] Derrick Burgess, [MP] Jason Hayward and [MP] Zane De Silva. And, Mr. Speaker, they even had the gall to say that their newspaper cares about the community. And then they insulted me when they start to quote from the Bible. They talked about Ezekiel 36:25. It is almost like the Devil quoting from the Bible. And I don’t mean to label them as devils, but the nerve of them! Because they said Derrick Burgess got up and made these off - the-cuff comments and he said these stories and the suspicious do not exist or sprout legs. Mr. Speaker, let me say this to you and everyone. When I get up in this House and I make a statement, I have the stuff to back it up, whether they like it or not. But what they do not like is when I said two Premiers and others were kicked out of the bank (those are my words) . . . right? What they didn’t like about it . . . because they had called me. Now they know better than to call me because I don’t speak to the press. And they got the proper comments that I would give them. They didn’t like it because I did not give them the information they wanted. Because they were not concerned about anybody being concerned about anybody being kicked out of the bank, they were concerned about the personalities. And they wanted to make a character assassination on the personalities. And then one that . . . because I don’t have much time now. They even criticised the statement I made about my granddaughter.
[Inaudible interjections]
Hon. Derrick V. Burgess, Sr.: My granddaughter! They were not concerned about the threatening letter that she received from a civil servant in the name of the Government; they were not concerned about that threat. They were concerned, Oh, Derrick Burgess didn’t give full disclosure. Well, Mr. Speaker, I know the rules very well. And if I don’t, you would tell me because when we are doing the motion to adjourn, I can go from the Constitution, section 9, freedom of speech [to] the Standing Orders 76, and if we were voting, yes, I would have to declare my interest. But there is no vote in the motion to adjourn. So, I don’t have to declare any interest. If I was voting, yes, I agree. When it comes to rules, I believe in the rules. I study them. So what the press is saying, [We] don’t care if [someone] is attacking Zane’s children, Derrick’s children, or Lovitta’s children. [We] aren’t concerned about that. [We] are more concerned that someday [we] don’t even know that [you] didn’t do full disclosure. They aren’t concerned about why somebody was kicked out of the bank or anything. They just wanted to do a character assassination because the Royal Gazette, Editor Dexter Smith, continues to be the oppressor of all those in the Progressive Labour Party. They have done that for years. And they put him there . . . you know, somebody said, I think it was Maynard Jackson who said if you don’t know your history, you are going to be ignorant to your cultural existence. And it is quite clear that the editor, it really doesn’t . . . it must be . . . I am sure he is nice like me. But obviously he is not too up to date on his history.
[Timer chimes]
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Any other Member? MP De Silva. Hon. Zane J. S. De Silva: I yield to the Deputy [Premier] because I saw the Deputy getting up.
The SpeakerThe SpeakerMP De Silva, you are on your feet. Hon. Zane J. S. De Silva: Okay.
An Hon. Member An Hon. MemberHe made the motion. Another Hon. Member: Yes, he did. Bermuda House of Assembly Hon. Zane J. S. De Silva: Okay. But the only reason I said that is because the Deputy [Premier] is there and my Premier was here just a second ago. [Crosstalk ] Hon. Zane J. S. …
He made the motion.
Another Hon. Member: Yes, he did.
Bermuda House of Assembly Hon. Zane J. S. De Silva: Okay. But the only reason I said that is because the Deputy [Premier] is there and my Premier was here just a second ago.
[Crosstalk ]
Hon. Zane J. S. De Silva: Well, I think I have . . . the Opposition —
[Inaudible interjections]
The SpeakerThe SpeakerAh! Ah! Ah! Ah! The Speaker — [Crosstalk] Hon. Zane J. S. De Silva: I will leave it. I will leave —
The SpeakerThe SpeakerDo not address that. Do not address a Speaker’s ruling. Hon. Zane J. S. De Silva: Well, I would not do that, Mr. Speaker.
The SpeakerThe SpeakerThe Speaker clarified that this morning why that was there. I do not expect any conversation around that. Hon. Zane J. S. De Silva: Okay. I . . . I can . . . Now, you know, Mr. Speaker, you know I got your back. You know that.
The SpeakerThe SpeakerLet’s go. Continue on. I don’t want you to lose your time, you know. Hon. Zane J. S. De Silva: No, no, I won’t. Because I got 19 minutes and 16 seconds left.
The SpeakerThe SpeakerOkay. FAIRMONT SOUTHAMPTON—GENCOM’S PROVEN TRACK RECORD Hon. Zane J. S. De Silva: Now, Mr. Speaker, we have heard in this House since the pandemic started where is our Economic Recovery Plan? We have heard that over and over. In fact, we have heard it more in the Royal Gazette from …
Okay.
FAIRMONT SOUTHAMPTON—GENCOM’S PROVEN TRACK RECORD
Hon. Zane J. S. De Silva: Now, Mr. Speaker, we have heard in this House since the pandemic started where is our Economic Recovery Plan? We have heard that over and over. In fact, we have heard it more in the Royal Gazette from the Opposition than we have in this House. Where is the PLP’s Economic [Recovery] Plan? Where is the PLP’s plan to deal with our debt? Where are jobs for our Bermudian people? Now, Mr. Speaker, you have been here long enough. You experienced the OBA from 2012 to 2017. And we heard under the OBA Government, of which my learned friend over there, Mr. Cannonier, was Premier for a little while. You will know that we heard many times in this House from the former Finance Minister Bob Richards, What do we need to get this country going?
An Hon. Member An Hon. MemberCrystal ball talk. [Laughter] Hon. Zane J. S. De Silva: Crystal ball talk. [Laughter] Hon. Zane J. S. De Silva: Yes, we did. Many times! We need foreign exchange. We need foreign investment. So here we are, 2023. What do we have? We have a company by the name of …
Crystal ball talk.
[Laughter]
Hon. Zane J. S. De Silva: Crystal ball talk.
[Laughter]
Hon. Zane J. S. De Silva: Yes, we did. Many times! We need foreign exchange. We need foreign investment. So here we are, 2023. What do we have? We have a company by the name of Gencom that has a proven track record in this country of hotel investment and foreign exchange. We have a company that is in Bermuda. Has the confidence in Bermuda to invest further foreign exchange in Bermuda. But we have the very same people—some of them, there are only six left—who said we need foreign exchange. We need foreign investment in this country. We need population. We need jobs for Bermudians.
[Inaudible interjections]
Hon. Zane J. S. De Silva: We need heads in beds. Come on! This is from my colleagues around me giving me a little assistance. Yes, sir, and I will take it. We have got a strong backbench. Don’t we, Mr. Famous?
[Inaudible interjections]
Hon. Zane J. S. De Silva: Yes, siree. Yes, we do. We need all these things to make this country work to get a handle on our debt, to increase investment in this country for who? Our people! Got you, Bob, got you. So here we are. We are supporting a company that wants to invest almost half a billion dollars in this country. But we have those same people when they were in power (for a short time) —
[Inaudible interjections]
Hon. Zane J. S. De Silva: —some of them. Those same people would say, Listen, we don’t want that. [They don’t want] 600 to 700 jobs for our people. Long and short term. And we won’t get into that because I only got 15 minutes and 8 seconds left. How can we have the current Members of the OBA slamming these investors who have confidence in this country week in and week out, Mr. Speaker? And Mr. Speaker, I have clips from my favourite paper, the rag, the Royal Gazette. I have clippings, Mr. Speaker, and I will table them. And I could quote them—I got one, two, three, four, five, six, seven, Mr. Speaker, eight clippings from the Royal Gazette that I could read out word for word from the Opposition and my friend over there. He gave me a little prop earlier because [we] are involved in SCARS together, Mr. Cannonier. I was very disappointed [when he said] ––and I must say [Gencom] has business interest in this country, that provides 1404 19 May 2023 Official Hansard Report
Bermuda House of Assembly jobs for Bermudians, that will provide even more jobs for Bermudians if we are successful ––saying things like This is a bad deal for Bermuda. Now, Mr. Speaker, I will sit down if he wants to do a point of order. If Mr. Cannonier wishes to do a point of order, but I am reading.
[Inaudible interjections]
Hon. Zane J. S. De Silva: Now, I know that the Royal Gazette—
Mr. L. Craig CannonierRead the whole article. Read it all. I want you to— Hon. Zane J. S. De Silva: I’ve got the whole article with your picture, sir.
Mr. L. Craig CannonierYes, read it all. Hon. Zane J. S . De Silva: I will be happy to sit down and take a point of order at any time. But I will quote from the Royal Gazette—
The SpeakerThe SpeakerLet the Member talk. Hon. Zane J. S. De Silva: Right? I will quote from the Royal Gazette because we all know that they pick and choose how they want to report things. But Mr. Cole Simons, the Opposition Leader said that this is a bad deal for Bermuda. Really? …
Let the Member talk. Hon. Zane J. S. De Silva: Right? I will quote from the Royal Gazette because we all know that they pick and choose how they want to report things. But Mr. Cole Simons, the Opposition Leader said that this is a bad deal for Bermuda. Really? A bad deal for Bermuda? From the Leader of the Opposition. From a man who served un-der former Finance Minister Bob Richards? Who said that, Listen, we need foreign investment. We need foreign exchange in this country. But hang on! We got someone who wants to invest a half a billion dollars, but we are going to tell them, No! It's not ha ppening. And they say the hotel has got to go. We just agreed to 261 homes. Really? Mr. Speaker, let’s put things in perspective. [With] 261 homes over 20 years, let’s do a little math for me. Help me out. Look! My brother Famous over there. Isn’t it 13 homes a year?
An Hon. Member An Hon. MemberBerkeley math. Hon. Zane J. S. De Silva: Berkeley math. [Laughter] Hon. Zane J. S. De Silva: Thirteen homes a year! Now, wait a minute. [Inaudible interjections] Hon. Zane J. S. De Silva: It is a caveat. It is a caveat to the 13 homes. Because the developers have said …
Berkeley math.
Hon. Zane J. S. De Silva: Berkeley math.
[Laughter] Hon. Zane J. S. De Silva: Thirteen homes a year! Now, wait a minute. [Inaudible interjections] Hon. Zane J. S. De Silva: It is a caveat. It is a caveat to the 13 homes. Because the developers have said only if required. Hang on! Because you know what we failed to do in the public arena, and do you know what the Royal Gazette forgets to tell you? It is only if required. Only if the enthusiasm, only if the interest is there.
An Hon. Member An Hon. MemberThe demand. Hon. Zane J. S. De Silva: The demand! That is . . . look. Hey look. Look! Look! Look! Mr. Speaker, you will know. I have said on the floor of this House for 20 years that I wi ll take a job over a tree any time …
The demand.
Hon. Zane J. S. De Silva: The demand! That is . . . look. Hey look. Look! Look! Look! Mr. Speaker, you will know. I have said on the floor of this House for 20 years that I wi ll take a job over a tree any time for our people. You give me a job for our people, and I will plant three trees. I will take a job over our people anytime! Any tree!
[Inaudible interjection] Hon. Zane J. S. De Silva: No. Except for those. That is another conversation for another time. Okay? But Mr. Speaker, let’s not be fooled. Let’s stop all the . . . let me pick a word, Mr. Speaker. Let me count to 10.
An Hon. Member An Hon. MemberGrandstanding. [Inaudible interjections]
The SpeakerThe SpeakerYou got it. You can handle it. You can handle it. Hon. Zane J. S. De Silva: I know that. Political grandstanding. Let’s stop that, Mr. Speaker. We are talking about our people and our country. This hotel . . . everyone but no one has agreed that this hotel …
You got it. You can handle it. You can handle it.
Hon. Zane J. S. De Silva: I know that. Political grandstanding. Let’s stop that, Mr. Speaker. We are talking about our people and our country. This hotel . . . everyone but no one has agreed that this hotel must move forward. If the developer says, Listen, for us to get the financial backing, and confidence of our fellow investors, this is what we re-quire. But listen! Don’t be fooled guys. These guys are committed. I think the Opposition has seen the re-vamped and renovated rooms. They have seen the plans for the future. Those tennis courts down on Whale Land Beach have got to be the most expensive tennis courts in the world. Get rid of those tennis courts. Put them up in the back. My daughter was a number -one tennis player for 15 years. She doesn’t need a tennis court on a beach. They plan to make that an iconic —and I repeat, iconic —facility to try to get people to come to this country. And when people come to that hotel, and they go down on the beach, they say, Listen. They have Bermudians performing. Performing! Our Bermudian people performing for them on that beach when they come to visit. Listen! Wait a minute! Are there opportunities for me to come here more often? Yes, there are. You have homes that are going to be built on this property. How many times have we said, our Premier has said, we need . . . if we could get 8,000 people . . . the Opposition! If we could get 8,000 to 10,000 people
Bermuda House of Assembly tomorrow, we would take them as long as our Ber mudians are working. Okay? Yes, we all need warm bodies, people, in this country. What are we doing? The Opposition, if . . . look. Mr. Speaker, I told you, I have eight articles here. Right?
[Inaudible interjections]
Hon. Zane J. S. De Silva: I could go on and on and on. And look, look, look! The Honourable former Premier of this country, Craig Cannonier, said it, actually, and I will quote. It’s criminal! Seriously? Craig, I love you to death, bye, but look, I’s criminal? It’s not criminal! Stop that! I will call for a point of order.
Mr. L. Craig CannonierWhat for? Hon. Zane J. S. De Silva: But don’t say it’s criminal. [Inaudible interjection] Hon. Zane J. S. De Silva: You said it’s criminal! And that is wrong! You need to apologise for that.
An Hon. Member An Hon. MemberApologise.
Mr. L. Craig CannonierIt will never happen. Hon. Zane J. S. De Silva: It’s criminal —your words. It’s criminal, right here, with your picture. Mr. Speaker, we have to stop that! Criminal? Bob R ichards said we want foreign investment in this country. We want foreign exchange. Criminal? Are you serious? Here we …
It will never happen. Hon. Zane J. S. De Silva: It’s criminal —your words. It’s criminal, right here, with your picture. Mr. Speaker, we have to stop that! Criminal? Bob R ichards said we want foreign investment in this country. We want foreign exchange. Criminal? Are you serious? Here we are trying . . . and they tried for five years. Because look, I could bring out Hansard on you. They said it a hundred times over. We ne ed foreign exchange in this country. We want foreign investment in this country. And they were right! And we are right! We want jobs. We want prosperity in this country for everyone! To say publicly that this is criminal, is absolute wrong, Mr. Speaker. An apology is needed to Gencom and any other investment company that wants to develop in this country. It is wrong, Mr. Speaker. But maybe . . . maybe the Opposition needs to stop quoting from their advisors. They need to speak from their heart. Because I know that some of those over there, Mr. Speaker, and I say only some feel the heartbeat and pulse that we in the Progressive Labour Party feel. I know they feel it. So they cannot continue to put their names to what a consultant writes. Go with your heart, guys. Stop that! The UBP is dead! Don’t let them rope you guys into putting your names to articles that put you in that position. Not when our people are at stake, our country is at stake. Stop it!
[Pause] Hon. Zane J. S. De Silva: I’ll have a little water, Mr. Speaker.
[Laughter]
The SpeakerThe SpeakerYes, yes, go ahead. Go ahead. Hon. Zane J. S. De Silva: Mr. Speaker, I have five minutes and seven seconds left. Let’s talk about the positives. Let’s talk about the positives! I have given you a few curve balls that the OBA and the UBP and whoever their advisors …
Yes, yes, go ahead. Go ahead.
Hon. Zane J. S. De Silva: Mr. Speaker, I have five minutes and seven seconds left. Let’s talk about the positives. Let’s talk about the positives! I have given you a few curve balls that the OBA and the UBP and whoever their advisors are, let’s talk—
[Inaudible interjections] Hon. Zane J. S. De Silva: Yes, I am disappointed in them. But look, I’ll tell you what. Let’s close that chapter. Let’s talk about the Progressive Labour Party. Mr. Speaker, we all have had some challenges during this period. One way or the other we have had some challenges. But I will tell you what. With regard to this hotel, I have another article here, Mr. Speaker, . . . in fact, I will table it. “Construction: Battling back” . . . From the Royal Gazette, they do these things every couple of months to make money, but it’s okay. But in this article, Mr. Speaker, you have the chairman of the construction industry. You have all sorts of other people, industry leaders, that look a little bit like me, Mr. Speaker. You know the funny thing is, if I was to read all these out . . . I have only got 3 [minutes] and 50 [seconds] left, but they talk about the projects that are on the horizon for this country. Now, I am going to move away from Fairmont Southampton for just a moment. But this fellow by the name of Al ex DeCouto, who I think is the Chairman of the construction industry in the Chamber of Commerce . . . and Mr. Speaker, if I could read off real quickly, and I don’t . . . you know, I have to . . . I get a little . . . my glasses . . . but you have Azura, you have Southampton, Fairmont Southampton. He talks about Nautilus Hotel. He talks about . . . hang on, Mr. Speaker, hold with me now.
The SpeakerThe SpeakerGo ahead. Hon. Zane J. S. De Silva: The Bermudiana, Colonel Burch. Let’s keep going. Let’s not forget, up by Port Royal , Munro’s Guest Houses . They have applications in. I’m going to try to squeeze all these things in real quick. Now let’s talk about John Bush over …
Go ahead.
Hon. Zane J. S. De Silva: The Bermudiana, Colonel Burch. Let’s keep going. Let’s not forget, up by Port Royal , Munro’s Guest Houses . They have applications in. I’m going to try to squeeze all these things in real quick. Now let’s talk about John Bush over on South Shore, and I dec lare my interest, my company has been working over there. I declare that, but you know, you guys have a thing about declaring your interests, so I try to do all I can. Okay? And we are talking about Longbird Bridge, the other bridge, and the other bridge and the other bridge.
[Laughter] 1406 19 May 2023 Official Hansard Report
Bermuda House of Assembly Hon. Zane J. S. De Silva: Okay. All these things that are coming up . . . and why? Why? We have a lot of things on the horizon. But let’s switch back to Princess real quick, because that is important. Right? These guys . . . look. The BIU have come out in support. Okay? Cousin Derrick, former President. Your current president and members have come out in support. Why is that? Because it is a great project. Look, Mr. Speaker, we have got to change the rules of this House. We have to get 40 minutes for the motion to adjourn. Mr. Speaker, let me try . . . I’ve got a dollar . . . a buck 41 left. This hotel, Mr. Speaker . . . wait a minute. I am looking across the way. We only got two Opposition Members here, because they like to call it when we aren’t here. [Inaudible interjections] Hon. Zane J. S. De Silva: No, no. We have got two Opposition Members in their seats.
The SpeakerThe SpeakerYour time is ticking. Hon. Zane J. S. De Silva: In the Chamber. Two! So all I am going to say is this. Right? You guys can object to Fairmont Southampton, and I’m looking at the Opposi-tion Deputy, [MP] Jarion Richardson. And one thing I like about that fellow. Right? …
Your time is ticking. Hon. Zane J. S. De Silva: In the Chamber. Two! So all I am going to say is this. Right? You guys can object to Fairmont Southampton, and I’m looking at the Opposi-tion Deputy, [MP] Jarion Richardson. And one thing I like about that fellow. Right?
[Inaudible interjections] Hon. Zane J. S. De Silva: That Honourable Member. One thing I like about the Honourable Member, he looks at you when you are speaking— not like he wants to take your head off, like he is really listening. And all I am going to say to you is: MP Richardson— [Inaudible interjections ]
Hon. Zane J. S. De Silva: I’m starting to come home. Because I know your family too. All I am going to say is this. Right. That hotel is for our people. I don’t care if they do 260, 360, 460 homes over 20 years. Do the math, people! Do the math! It is not that many homes; but it is for you, our people. It is to add hotel stock to our inventory. It’s long- term jobs for our people. Let’s get there together. The Opposition always talks about together. Let’s do it! Look, guys, stop this newspaper stuff. May be this is false. Look! Let’s go together and look after our people.
[Timer chimes]
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Before I could ask, I see MP Caines has jumped to the floor. So I assume you want your 20 minutes now.
The SpeakerThe SpeakerGo right ahead. FAIRMONT SOUTHAMPTON—ALL VOICES SHOULD BE HEARD
Mr. Wayne CainesMr. Speaker, I do not have a note written. There was nothing in my bailiwick. There was nothing on my mind to speak to this. I listened to my brother, my friend, my comrade, Zane De Silva, speak and I feel compelled to make my contribution to this debate.
Mr. Wayne CainesAs you know, Mr. Speaker, I am privileged and honoured to server as the chairman of the Bermuda Tourism Authority. When we talk about where we are as a country with reference to tourism there are some significant challenges, headwinds, that we are facing as a tourist destination. We are …
As you know, Mr. Speaker, I am privileged and honoured to server as the chairman of the Bermuda Tourism Authority. When we talk about where we are as a country with reference to tourism there are some significant challenges, headwinds, that we are facing as a tourist destination. We are looking at the Dominican Republic. In the last five years they have seen over 20 hotel developments. If we look at what is happening in Jamaica on the north coast and in Montego Bay, they are building at an exponentially fast rate. If we are looking at the amount of people in Bermuda who will benefit positively from the hotel being built, that is not to be debated. There is something that I must highlight today and there will be many in this Chamber who will disagree with me. I think the discussion is healthy. I think people taking their positions for and against this issue is healthy. I think that this development must stand on its merits. So when people come and they have an issue . . . I can tell you that people from Gencom, from the start, have been held accountable and they must be held accountable for the development, for the financing, and it must stand up to t he public. It must stand up to banking. And that is what has happened. They must make their case. Sometimes in Bermuda because of how we argue, we tend to give less credence to those who are showing their consternation. Let me explain by what I mean by that. If the only time you become an activist is when it affects your neighbourhood, your activism is put in a box by people who fight for things that are right. So, when I look at people who are looking about something wrong in our community —you are quiet! Gang violence —you are quiet! Road traffic accidents —you are quiet! When it comes to homelessness issues —you are quiet! When it comes to the downtrodden, people on social assistance . . . and when something affects your financial interests, you all of a sudden become people
Bermuda House of Assembly who march, that stand around our community and fight for that which is important to you.
[Desk thumping]
Mr. Wayne CainesNow, here is the challenge. People who are used to fighting see this and they see their struggle. They understand what they have gone through, and they do not feel for you. Now, I have to look at this thing clinically, as a Member of Parliament. I have that ability …
Now, here is the challenge. People who are used to fighting see this and they see their struggle. They understand what they have gone through, and they do not feel for you. Now, I have to look at this thing clinically, as a Member of Parliament. I have that ability to put myself and go through all the pros and the cons and make an intelligent decision that is not based on supposition, what people are saying, or based on what is best for this country. And that is what I want everyone to do. Do you think that this is a party that does not want to protect the environment? There are times when you have to make a diff icult decision. This decision must be weighed so that when people write, and I see them march, I think it is good. I want to hear your thoughts. I think they should write in and say, I am disquieted by this. I want to make sure the Minister . . . Don’t get mad at people for marching.
An Hon. Member An Hon. MemberNever! Never!
Mr. Wayne CainesI stood up and I marched for things that I believed in this country. What would I sound like? Who would I be when somebody disagrees about a decision that I make and I am down crying and mad at the people for marching? March! I actually have a different …
Mr. Wayne CainesI have a different position, though. Because, remember, I just can’t look at this. I also have to look at this; I live in Southampton. I live in that neighbourhood. I travel that road every day. When I am going through my neighbourhood and we go to our neighbourhood meetings, …
I have a different position, though. Because, remember, I just can’t look at this. I also have to look at this; I live in Southampton. I live in that neighbourhood. I travel that road every day. When I am going through my neighbourhood and we go to our neighbourhood meetings, the neighbours are legitimately concerned. But here is what I have faith in. Here is what I have faith in.
An Hon. Member An Hon. MemberWhat is that?
Mr. Wayne CainesI just cannot have faith in the Government arms, the planning benefits, the discretion of the Minister when it benefits me. I have seen a number of different projects take place. We have to understand, guess what? Gencom, these are the things that you are going to do for our …
I just cannot have faith in the Government arms, the planning benefits, the discretion of the Minister when it benefits me. I have seen a number of different projects take place. We have to understand, guess what? Gencom, these are the things that you are going to do for our community, this is what you are going to do for . . . that is without question. There are concerns about the environment. Tackle those! Deal with those! Answer for those! And guess what? Gencom has said that the plan that we had used, it was not the plan that was for public consumption. Guess what? I get th at. Do not discount those who are arguing and fighting because I believe that is the bulwark, the hallmark of a good democracy. What makes us strong are those amongst us who disagree with us, and us finding in that nuance that this is how you tweak it. This is how you make it different for the betterment of all Bermuda. And to what my brother said, when you take the element of the flamethrowers that are using that which divides us, for whatever political, for whatever news point, it conflates and has everyone playing to the worst of who we are. We must play to the best of who we are. I read some comments in today’s paper from Rolfe Commissiong. I think anything to do with Southampton Princess he should never comment on.
An Hon. Member An Hon. MemberNo, never! Never!
Mr. Wayne CainesDon’t ever comment, Rolfe. When you hear anything about Southampton Princess, don’t comment. [Laughter]
An Hon. Member An Hon. MemberHe should be the last person.
Mr. Wayne CainesThe last person. Lord, I have slipped again. The reality of this is that as a country we have an opportunity to make some progress with this. I do not want to see this bifurcate or separate us because we have an opportunity to do something great in our community. …
The last person. Lord, I have slipped again. The reality of this is that as a country we have an opportunity to make some progress with this. I do not want to see this bifurcate or separate us because we have an opportunity to do something great in our community. The reason why I have never spoken about this is because I have a family and they have a view of some concerns, because that is where our mortgage is, our property value is. We come right in it. That is my breadbasket. So, when somebody says to me, this is in the best interest of our country, I have a mortgage. I have a future in this neighbourhood. We walk up and down those hills. So, when I am talking to people about the project, I have a keen interest. I have a responsibility and many of us have to think differently. Do I believe that Bermuda needs more hotel beds? Yes! Do I believe that Bermuda needs more planes coming into Bermuda? The answer is yes! Do I believe we need more investment in Bermuda? Yes! Do I believe that the people from Elbow Beach are waiting in abeyance to see what we do with this to see if they are going to invest in Bermuda? The answer is yes! But guess what? Here I am again, going back to the unpopular part. We still have to listen to those who do not agree with us. And this is the hard part (and I will go back to why it is the hard part), because the history we have in this country is that our voices have 1408 19 May 2023 Official Hansard Report
Bermuda House of Assembly never mattered and there are so many people in Bermuda who only come out when it is to their economic benefit. So everyone puts everyone who complains in the box of those who are doing NIMBY —not in my backyard. I urge our community, Mr. Speaker, at large. We need to have this discussion. We need to allow each other to honestly put cases forward. We cannot use the fire starter —the gasoline of the Royal Gazette . Why would those opinion pieces be running so feverishly in the newspaper? Why? Because they make their living off of discord. They sell papers based on discord. We have a policy and a plan that is in place. Let the plan and the policy take its natural course. The people at Gencom, they are responsible for making sure that they tell their story in a right and appropriate fashion. Do that! Do that! And when the appropriate time comes, everyone in this room can say with their hands [over heart] that they stood and they gave us the best deal possible. When we live in that community of which we are answerable to, Black, White, rich or poor, what they expect for us is to s ay, I stood and I looked out for their interest. I made sure their homes were protected. I made sure that the environment was protected. That is our responsibility. We [should] not abdicate that! So anybody thinking that this is not in forefront of our mind is not right! The Minister cannot and will not speak on this. Everyone knows why he has not spoken on this publicly or privately. You know that he cannot speak on it. So do not think because he is not up in front of the cameras doing that, that he does not get that. He makes those decisions when they are popular and when they are unpopular. But those of us who have a voice, we know what it takes in this country. We have to hold those people accountable for that which they must be held accountable for. Don’t forget why people are upset. And keep that line and length. To those who will self -aggrandise, to those who will sell newspapers, to those who will use this to divide our community, call them on it. Call them on it , because that is what it is. To be a leader, at times you are between the devil and the deep blue sea. We must always continue to do what is right in this country to make it a better country, listening to those who are broken hearted, downtrodden, who do not have their voice, who want to protect the environment, who need some-body to keep the property of the . . . who want a job, who need a job, who need us. That is why they need us to come together and to work on this issue. [These are] hard conversations to have based on our history — necessary conversations to have because that is who we are. And sometimes you have to stand up when it is uncomfortable, unpopular and say what you believe needs to be said because that is why you were placed here. Thank you, Mr. Speaker. [Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? MP Swan, are you on your feet to make a contribution?
The SpeakerThe SpeakerYou have the floor. TOURISM AND COTTAGE COLONIES
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. I am very appreciative of the comments that have been made thus far. And, Mr. Speaker, I just want to weigh in on this subject matter that means a great deal to me, that being tourism, because I owe my life to tourism. And tourism is …
Thank you, Mr. Speaker. I am very appreciative of the comments that have been made thus far. And, Mr. Speaker, I just want to weigh in on this subject matter that means a great deal to me, that being tourism, because I owe my life to tourism. And tourism is about hotels. It is about c ottage colonies. It is about jobs that relate to the tourism industr y of which I got my introduction. I got my introduction to tourism waiting for mother to come home from working at Ledgelets, cook-ing breakfast for tourists in the morning, cooking poached eggs and doing all types of things —cleaning rooms, getting to know visitors. I had an aunty that did that at Lantana and down at Marley Beach and the like. Mr. Speaker, I grew up in a community where a golf course that was built in 1970 introduced us children in that community to a major product called golf when a public course was built to service all the hotels and all the people of Bermuda. It was the public golf course, a world -class golf course which coincided, Mr. Speaker, with the building of the Southampton Princess in 1970. Ironically, Mr. Speaker, in 1970, or thereabouts, you had the opening of the Holiday Inn hotel in St. George’s where my cousin told me, when he was a young man in his teens, he used to leave Scaur and go to work in St. George’ s. And sometimes he would spend the night working down at one of my cousins’ houses in St. George’s. [Inaudible interjection]
Mr. Hubert (Kim) E. SwanNo, he did not go there. It may have been one of his aunts ; but it was not like that. Mr. Speaker, there were hotels built in this country to meet the needs of a growing tourism economy and the relationship between the water through sailing, through boating and …
No, he did not go there. It may have been one of his aunts ; but it was not like that. Mr. Speaker, there were hotels built in this country to meet the needs of a growing tourism economy and the relationship between the water through sailing, through boating and sports like golf and tennis and through reading and writing and relaxation. [They] were very much a part of the development of Bermuda as a tourism economy. And there was a golf course that opened simultaneously to Port Royal (which was the Southampton Princess) in 1970. Mr. Speaker, during that period of time when I was growing up in the hotel industry, up and down this
Bermuda House of Assembly country the hotels that existed in this count ry were supported by guesthouses. Bermudians had multiple apartments in their houses to accommodate their children so that their children would not have to rent. And as Bermuda became more affluent, empty nesters sometimes turned those apartments into tour ism accommodations up and down the country, a lot of them were in Warwick, in Paget, a lot in Southampton along the Gold C oast along the South Shore. International company business came to Bermuda, Mr. Speaker. And during that period of time, Bermudians —and especially Black Bermudians, Mr. Speaker —were not getting mortgages in this country. They were getting five-year loans, building houses up to the wall plate at that particular time, [having housebuilding] rallies. I participated as a young boy, passing the buckets of mortar to my uncles as they helped other relatives build houses. Even to the point when the best you could get was a five -year loan, maybe a three- year balloon payment of eight years, persons were paying off their houses. But when internatio nal company business came to this country, Mr. Speaker, a lot of families opted to get longer leases with companies and started very gradually moving away from the hotel industry for good economic reasons. Mr. Speaker, we had in this country Bermudiana Hot el converted into office space. My cousin, Honourable Reginald Burrows led a Bill that, I believe, helped to transform that much- needed redevelopment of international company business. Mr. Speaker, you had White Sands Hotel in recent years trying to get permission to reinvent itself into the hotel industry which is facing objections. Mr. Speaker, I remember Palmetto Bay. I used to go down there. I used to do golf events with Mr. Amaral. And so, he ran a nice little family hotel business down there, a lovely place to get a nice little lunch and a nice little drink. With the promise of being redeveloped into a hotel, it ended up just being condominiums today. Many would remember that Coral Island had a hotel there, and it got converted into condominiums. There was a golf course there in Jennings Land as well, Mr. Speaker, where the Honourable Opposition Leader lives today, called Frascati. Bermuda has always had golf courses to serve as the tourism product that existed. Mr. Speaker, every day I see where the Belmont Hotel once was , it now houses many people. I had people that came up to me, What about this development? I said, What about that hotel where you now live was promised to be a hotel as well. Okay? Glencoe . . . I used to go for lunch a lot of times right there. Nice, great hoteliers. You mentioned his name was Mr. Reggie Cooper. It reminds me of another hotel that was down on Pitts Bay Road. Sherwood used to have a hotel down there. Right? We had some iconic hote liers, as well. You know? Belmont . . . I remember Belmont when Peter Rosorea was the general manager. I remember when John Jefferis came to Bermuda as an assistant manager at Belmont Hotel when I worked in the hotel during the 1976 election. Mr. Speaker, I remember Mermaid Beach. There are now condominiums along there. My friend, Gosey Francis and those byes opened up the Jolly Lobster restaurant down there. Hot spot. The Lightfoot stopped me down in the street today. I said I had a baptism by fire as a young boy growing up in the hotel with Gosey and Lifefoot and Nolan Walker. And rest in peace, Carneal ‘Chocolate’, who just passed away. (I did not get to do a little congrats and obits. I will do that again.) He used to mentor the young fellows in the hote l industry at the Belmont Manor Hotel. In this country, Mr. Speaker, we had the iconic Elbow Beach hotel. Mr. Jefferis left the Belmont and went over to run Elbow Beach. It has been closed for some time. Iconic property there. Waterloo g uest house which w as part of the Smith collection. Right? Right there with Coral Beach and Horizons, also closed. And Waterloo and Newstead [were] all part of that family connection, yes. Mr. Wharton came here, a great golfer from the United States, married into that well -established Bermudian family who also has connections with Tucker’s Town. Yes, you know that , Brother Derrick. You caddied down there, and I went down to that Mid Ocean to caddy as a young boy. Those boys said, My buddy, you have to wait a long time before you can become a Mid Ocean caddy. You better go back up there on Belmont and Port Royal with Walter. [Inaudible interjections]
Mr. Hubert (Kim) E. SwanWharton was an outstanding golfer. He was one of the best ever. I played with him in 1976. I was ver y honoured to have done so. Hamiltonian Hotel, right up there on the hillside, was one of the early timeshare clubs. Now it is a condominium. Inverurie both on …
Wharton was an outstanding golfer. He was one of the best ever. I played with him in 1976. I was ver y honoured to have done so. Hamiltonian Hotel, right up there on the hillside, was one of the early timeshare clubs. Now it is a condominium. Inverurie both on the waterside and across the street, which are now condominiums, used to be a hotel property. C oral Island I mentioned. Clearview Guesthouse, Marley Beach, Flamingo Beach Club, Somerset Bridge apartments, once owned by the former Opposition Leader who was elected in 1963, Cousin Walter Roberts. Sonesta Beach, which is now part of the Hamilton Princess Beach Club, housed a very large establishment down there below Henry VIII. Munro Beach Cottages right there. Lantana. Horizons. Those are 21 properties, Mr. Speaker. And what is needed today are hotel beds. And for what we need in this country . . . I am going to ask my colleague to please turn off her phone because I can hear her talking there, and it would help me, you know. I only have nine minutes to go. I know you are getting plays called in from the side there.
[Inaudible interjections]
1410 19 May 2023 Official Hansard Report
Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: That’s all right. The point is this, Mr. Speaker, unless we get hotel beds in this country, we will not get the airlift in the future. And with the Southampton Princess property, which is coming under great scrut iny, there is one point that is being missed. And the Honourable Zane De Silva did a good job in his presentation. There was one thing that my good friend missed out on is that the villas that will form part of that . . . in order to get concessions to bui ld those, they have to have a hotel component connected with it. The opportunity —
[Inaudible interjection]
Mr. Hubert (Kim) E. SwanAnd Brother Derrick says it has to be done first. And the opportunity to grow hotel beds to help counter the amount of hotel beds that have been lost is in that component right there. And what I would encourage those persons out there who may be sitting on the …
And Brother Derrick says it has to be done first. And the opportunity to grow hotel beds to help counter the amount of hotel beds that have been lost is in that component right there. And what I would encourage those persons out there who may be sitting on the fence or who may not be minded to lend suppor t . . . and there have been many who have offered support to this project thus far. I would encourage them to find ways to offer solutions to help bring about this economic resurgence, because the tide that will come with this development will make Bermuda a better place for those looking for jobs. And nothing will create greater success, Mr. Speaker, than to have a successful start to the construction of this project. And with that will come other investors looking at Bermuda. The plans will create nu-merous restaurants, will create jobs to build them, but it will also will create jobs to help run that property, Mr. Speaker. And I am here to tell you that there are other projects that we can see taking shape in this country just like the building of the Southampton Princess in 1970 took place along with the Holiday Inn, and coincidentally we now have a hotel in St. George’s in that particular area and we also have the St. George’s Club that has recently been renovated. And the good thing is that when there are politics at play, when you are the Government, you make the decisions that are in the best interest of the people. And we have had to do that on any number of fronts —carry forward when we came into Government initiatives that were well in train. And we have an opportunity on this account to help and participate in taking this project forward for the betterment of Bermuda. I will close with this, Mr. Speaker, there are persons out there who will try to cast a cloud over anything PLP. And political maturi ty is necessary for us to move past that. I will say this: when you look at projects in our country, when you look at fast ferries . . . fast ferries were very political. But as I teach golf, overlooking Granaway Deep, down number 17—beautiful area—you see fast ferries dashing down from Dockyard into Hamilton and you will see them going to St. George’s. That is a great initiative. And we need to make sure that we have even more so that we can [transport] greater numbers of people. Because with them came a dock up in Dockyard—two docks actually —that WEDCO presides over today. But there has been great criticism. But where would we be without those megaships up there in the West End? Where would we be? It is helping us to stem the tide whilst we get more heads on beds and more beds to put the heads on. And that is where we are today. Mr. Speaker, in order for us to get the airlift, we need to get the hotel beds, and we have an investor who is ready to go. And we are looking for . . . and there is an SDO, and we are looking to get this pas t the line. And we are looking to make . . . not only that, but we are looking to make other investors looking at Bermuda feel comfortable coming in here, because there are other opportunities. If you look at Morgan’s Point up t here, which the precious Government would know more about, then we do, because they put that deal together that left us holding that bag and we have been trying to find a solution for it. But I am here to tell you. You know, I have had a vision just like my uncle had a vision 70 years ago that there would be a golf course at Port Royal. I have a vision that from the western side of Pompano to Morgan’s Point, there could very well be a world -class, modern facility that compl ements the one that sits to the ea st of Pompano called Port Royal.
[Inaudible interjections]
Mr. Hubert (Kim) E. SwanThat’s right. Yes. Because the people with money —they like yachting. They can facilitate it. They love golf. They love beaching. And we have to encourage persons here, make them feel welcome now. Make [them] your friends before you need them. And you can make them [friends] by making them …
That’s right. Yes. Because the people with money —they like yachting. They can facilitate it. They love golf. They love beaching. And we have to encourage persons here, make them feel welcome now. Make [them] your friends before you need them. And you can make them [friends] by making them feel welcome. Because do not think that the persons out there are not looking and reading what is being said about people who already have a vested interest. Other investors are looking at how Mr. Maybury is being referred to in the news and in the blogs every day. And if you were writing about certain people, their comments would get blocked on some of these sites today. What I am tryi ng to say is the time has come— today with this project. Make some suggestions that will help that project. I already said, as I close, Mr. Speaker, that the opportunity for the development of villas comes with concessions attached to hotel beds. Imagine if every one of those units had a hotel component to it. You would get back to the . . . I listed from the very start the 21 properties and I probably missed a lot of others in accordance with the number of properties that went to private accommodations. We have an opportunity now to get our hotels stock up. I am calling for persons to come with solutions. That is what the Progressive Labour Party did for 30 years in the wilderness —came with solutions that the then Government took.
Bermuda House of Assembly And I am asking the Opposi tion to lead the charge because a lot of those people are making nasty comments about the PLP are their supporters. And it is wrong and they know it. And they know we care about the country. And we know they care about the country. We just have different w ays of going about it. But you have to get some political maturity in order to bring it about. Thank you.
[Timer chimes]
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? MP Dunkley. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I intend to speak on two subjects tonight unless I get caught in midstream.
The SpeakerThe SpeakerGo right ahead. CARNAGE ON BERMUDA’S ROADS Hon. Michael H. Dunkley: Mr. Speaker, the first subject I would like to speak on is the issue of road safety. And I want to join colleagues in sending condolences to the family of the young man who so tragically perished on our …
Go right ahead.
CARNAGE ON BERMUDA’S ROADS Hon. Michael H. Dunkley: Mr. Speaker, the first subject I would like to speak on is the issue of road safety. And I want to join colleagues in sending condolences to the family of the young man who so tragically perished on our roads last Saturday night. When I woke on Sunday and I heard the news, I was devastated and I actually felt sick to my stomach, Mr. Speaker. And why, Mr. Speaker? Two main reasons are that such a good person was gone too soon, and secondly, Mr. Speaker, we have talked about this subject for decades. Decades, Mr. Speaker. And all political parties . . . so this is not directed at the current Government. All political parties have to have a shoe in the challenge of fixing this, Mr. Speaker, because we have been too slow. And we have seen these challenges. I do not want to list them because I do not want to bring the scars back of some of the accidents that have troubled families throughout the years. But I can remember so many, Mr. Speaker, because as somebody, like all people, who are on the roads a lot, you see the driving and but for the grace of God, it could be you. Because we have tolerated, we have allowed it so much so, Mr. Speaker, people now say that it is our culture, that we cannot change it. And I do not agree. I do not agr ee. We have allowed it to retard slowly over a period of time so that now we just accept it. And when something happens on the road, then we are all upset and we talk about it for a few days, and then we move on to the next challenge that faces us, Mr. Spe aker. And I am sick and tired of it as I am sure all my colleagues are. So why can we not get together and do something about it, Mr. Speaker? Because the solutions are not that difficult. The solutions are there but we keep making excuses about it. We do not devote enough attention to it, Mr. Speaker. One, it is a privilege to drive. You need to earn your licenc e and you need to obey the rules of the road. But if the rules that we set in this Honourable Chamber are not adhered to, then they just become mere fantasy in people. So we need to enforce the rules of the road and we need to get the Bermuda Police Service the ability to enforce the rules of the road. Operation Vega is a good programme. But because the Roads Policing Unit is understaffed, they can come out, they can crack down, then they have to move on to other areas, whether it be investigations or the call to other areas of important policing. This is not good, Mr. Speaker , because you know Bermudians. They flash a light at you when you are on t he road if there is a police officer ahead, to give you a little warning with a toot or something like that, Mr. Speaker. I do not want to be warned. If I am breaking the law and get caught, it is my problem. I can only blame myself. But we do that and the n in a week’s time, the police have gone somewhere else because they have something else to do, Mr. Speaker. So, we need to support the police in what they do, Mr. Speaker, and stop making excuses about it. And I do not think they have enough support at th e present time. Mr. Speaker, secondly , what we need to do is . . . we talked about a CCTV system. We had over $1 million in the budget last year. It is pushed now to this year. We understand from what the Minister said in his Statement a couple of weeks ago that they have not moved it forward, Mr. Speaker. And a lot of the cameras are not operating. And I assume that many that they say are operating, are operating at less than full capacity, Mr. Speaker. So, basically the system is probably (my words) ineff ective, Mr. Speaker. If it is ineffective, it is not going to provide the information you need. You know, Mr. Speaker, like all of us, we can get really aggravated in this House. But I am aggravated that last Saturday night a young man was tragically take n from us and only a few people know what happened and they are not coming forward yet. But trust me, Mr. Speaker, I believe in God and there is a statement that I say all the time, and sometimes my wife pushes back, and I say, God does not like ugly. And that simply means that there is a turn to every season. That individual or those individuals —they will have to meet justice at some time, Mr. Speaker. But if we had better tools for it, it would not be so difficult, Mr. Speaker. So why do we not push this CCTV system that is so important in fighting not only crime but can also help in road safety. Why do we not push it forward? And is $1 million enough for the system, Mr. Speaker? I do not want to get embroiled in that at the present time. We talk about speed cameras and people make excuses that they cannot work. But they work very effectively in many other parts of the world. I think the vehicle licence plate recognition system is not even working. I 1412 19 May 2023 Official Hansard Report
Bermuda House of Assembly will take a point of order if it is. But if it is not, w hy do we pay for it? Why don’t we fix it, Mr. Speaker? Fixed penalties have not been changed in decades, Mr. Speaker. That is a problem for all political parties. Why don’t we fix it, Mr. Speaker? And last, but not least, Mr. Speaker . . . and I said this during the debate. I said it during the Budget Debate too. I said it during the debate of the legislation. I said it during the Budget Debate, Mr. Speaker. We need to change our legislation surrounding drink driv-ing. I call it “drunk driving.” Mr. Speaker, I think it is a farce that the police have to go to magistrate, and they have to get permission to say where they are going to have their stops and then we have to put it in the paper, Mr. Speaker. Why are we telling people where we are going to check for drunk driving to protect our community? When a drunk person will get in the car and they will not tell you that they are drunk. They do not even know that they are drunk. And people let them get in the vehicle drunk. And we have to broadcast that it is going to be next weekend, Mr. Speaker. Mr. Speaker, it is good to be woke, but sometimes you are too awake. We can do better than this. I am sick and tired of the situations on our road and losing young people. More young people die on our roads than any ot her cause of deaths for young people, Mr. Speaker.
An Hon. Member An Hon. MemberNot just young people. Hon. Michael H. Dunkley: I heard somebody say, not just young. But too many young people are dying, Mr. Speaker. Those people have not had the opportunity to live a life and enjoy life and face the challenges of life too, Mr. Speaker. We can do …
Not just young people. Hon. Michael H. Dunkley: I heard somebody say, not just young. But too many young people are dying, Mr. Speaker. Those people have not had the opportunity to live a life and enjoy life and face the challenges of life too, Mr. Speaker. We can do better than that.
FAIRMONT SOUTHAMPTON SDO —LACK OF INFORMATION Hon. Michael H. Dunkley: Now, Mr. Speaker, the second thing that I wish to speak about tonight is the topic that started off as the hot topic of tonight —the development of the Fairmont Southampton Princess hotel. Mr. Speaker, I spoke on this two weeks ago and I intend to speak again because it is an important and critical project for our community. I do not disagree in any way with colleagues on the other side of the House, and my colleagues on this side of the House support 100 per cent that we need economic investment in our community. It is critical that we get the project rolling because of airlift, because of beds, because of all of that. We do not argue that in any way, Mr. Speaker.
[Inaudible interjection]
Hon. Michael H. Dunkley: And here the Chief “inchirpolator ,” [sic] Mr. Speaker . . . [Laughter]
An Hon. Member An Hon. MemberInchirpolator? Hon. Michael H. Dunkley: The Chief Inchirpolator , Mr. Speaker. [Inaudible interjections] Hon. Michael H. Dunkley: I had to think about it because I did not want to mispronounce it. It was a word that I invented myself so the next time I say it I will pr obably …
Inchirpolator? Hon. Michael H. Dunkley: The Chief Inchirpolator , Mr. Speaker.
[Inaudible interjections] Hon. Michael H. Dunkley: I had to think about it because I did not want to mispronounce it. It was a word that I invented myself so the next time I say it I will pr obably get it wrong. Chief I nchirpolator . Don’t ask me how to spell it, Mr. Speaker. But it is parliamentary lan-guage.
The SpeakerThe SpeakerCome this way. Come this way. Hon. Michael H. Dunkley: Chief Inchirpolator . And I thank you for that. I’m on a good wicket and I will stay on a wicket, Mr. Speaker. Mr. Speaker, I was disappointed, but I understand it from that Honourable Member for attacking my colleague …
Come this way. Come this way.
Hon. Michael H. Dunkley: Chief Inchirpolator . And I thank you for that. I’m on a good wicket and I will stay on a wicket, Mr. Speaker. Mr. Speaker, I was disappointed, but I understand it from that Honourable Member for attacking my colleague so much so. Because right after he attacked my colleague and want ed an apology —
Hon. Zane J. S. De Silv a: Point of order, Mr. Speaker. Point of order.
The SpeakerThe SpeakerPoint of order. Hon. Zane J. S. De Silva: Point of order, Mr. Speaker. Hon. Michael H. Dunkley: That is Mr. Chief Inchirpolator. [Laughter ]
The SpeakerThe SpeakerMember, that — Hon. Zane J. S. De Silva: I am going to accept that because that is okay. It is unparliamentary language, but it is okay.
The SpeakerThe SpeakerDirect it here. Direct it here. Hon. Zane J. S. De Silva: I’ll take that. No. No. It’s okay. I will take that. The Spe aker: Direct it here. Hon. Zane J. S. De Silva: The Honourable Member is certainly misleading the House. I cannot even remem-ber why I [raised …
Direct it here. Direct it here.
Hon. Zane J. S. De Silva: I’ll take that. No. No. It’s okay. I will take that.
The Spe aker: Direct it here. Hon. Zane J. S. De Silva: The Honourable Member is certainly misleading the House. I cannot even remem-ber why I [raised a] point of order. [Laughter]
Bermuda House of Assembly Hon. Zane J. S. De Silva: After he put that “ inchirpolator” on me. Mr. Speaker, af ter he put the “ inchirpolator ” on me. But look. No, I —
The SpeakerThe SpeakerYou can take your seat and make your point of order later. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: No. I think what he said, Mr. Speaker, was maybe unintentionally mislead ing the House when he said that I chastised. Hon. Michael H. Dunkley: I didn’t say …
You can take your seat and make your point of order later.
POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: No. I think what he said, Mr. Speaker, was maybe unintentionally mislead ing the House when he said that I chastised. Hon. Michael H. Dunkley: I didn’t say that. Hon. Zane J. S. De Silva: What did you say? “ Attacked. ” Mr. Speaker, that is the point of order. Thank you for that “inchirpolator” too. Right? I did not attack the Honourable Member. I stated facts. And facts, Mr. Speaker, I will put them up again. You know. If you want to me to pull those eight articles out, I will pull them out. But, Mr. Speaker, I stated as factual information, factual statements from the Honourable Member Cannonier.
The SpeakerThe SpeakerFinish your point of order. Hon. Zane J. S. De Silva: It was not an attack.
The SpeakerThe SpeakerThank you. Hon. Mich ael H. Dunkley: Mr. Speaker, in the spirit of compromise, I will accept that point of order and I will put it a different way, Mr. Speaker. He came harshly at my colleague, Mr. Speaker. Hon. Zane J. S. De Silva: Deservedly so. Hon. Michael H. …
Thank you.
Hon. Mich ael H. Dunkley: Mr. Speaker, in the spirit of compromise, I will accept that point of order and I will put it a different way, Mr. Speaker. He came harshly at my colleague, Mr. Speaker. Hon. Zane J. S. De Silva: Deservedly so. Hon. Michael H. Dunkley: No t deservedly so, Mr. Speaker. Because his own honourable colleague from constituency 14— Hon. Zane J. S. De Silva: I’m sorry, Mr. Speaker. I have to do a point of order. I have to.
Hon. Michael H. Dunkley: Let him make his point of order, Mr. Speaker.
Hon. Zane J. S. De Silva: Mr. Speaker, when the Honourable Member Cannonier says —
An Hon. Member An Hon. MemberWhat is the point of order? POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The point of order is misleading the House. When the Honourable Member Cannonier says that it is criminal, Mr. Speaker, I’m sorry, how does he . . . I want to sit down and …
What is the point of order?
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: The point of order is misleading the House. When the Honourable Member Cannonier says that it is criminal, Mr. Speaker, I’m sorry, how does he . . . I want to sit down and listen to the Honourable Member Dunkley explain when he says it is criminal. Explain that.
The SpeakerThe SpeakerOkay. Let him have the opportunity. Go ahead. Hon. Michael H. Dunkley: Mr. Speaker, the last I looked, Craig Cannonier was a grown man and he can speak for himself. I am here, Mr. Speaker — [Inaudible interjection] Hon. Michael H. Dunkley: Of course, the Chief Inchirpolator will not like …
Okay. Let him have the opportunity. Go ahead. Hon. Michael H. Dunkley: Mr. Speaker, the last I looked, Craig Cannonier was a grown man and he can speak for himself. I am here, Mr. Speaker —
[Inaudible interjection]
Hon. Michael H. Dunkley: Of course, the Chief Inchirpolator will not like my explanation, Mr. Speaker. I do not expect that, Mr. Speaker, because love does not last forever. Certainly, in politics it can be short and it can be fleeting. Mr. Speaker, but his colleague from constituency 14 came right back and talked about democracy and the need to hear those who have a different view. So, what I find striking about this , Mr. Speaker, is that when the PLP was the Opposition in 2012 –2017 — Hon. Zane J. S. De Silva: Short time, wasn’t it?
Hon. Michael H. Dunkley: It was a long good five years for Bermuda, Mr. Speaker. Mr. Speaker, it was interesting that they criticised everything. In fact, they wrote the playbook on it, Mr. Speaker. So much so that at times, we do not need a consultant; we just read that playbook. Mr. Speaker, they cri ticised America’s Cup. They called it a rich White man’s boat race. Hon. Zane J. S. De Silva: Point of order, Mr. Speaker. Point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: I cannot allow this Honour-able Member to say that we criticised the America’s Cup. That is misleading this House and the people of this country. Mr. Speaker, we are on record as saying we supported the America’s …
Point of order.
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: I cannot allow this Honour-able Member to say that we criticised the America’s Cup. That is misleading this House and the people of this country. Mr. Speaker, we are on record as saying we supported the America’s Cup. What we are on record for, Mr. Speaker, is disagreeing to the $100 million for it. That is what we disagreed on. We will take America’s Cup every two years if you want, every year, every six months. But it is the money that was spent, Mr. Speaker. Thank you.
The SpeakerThe SpeakerOkay. 1414 19 May 2023 Official Hansard Report Bermuda House of Assembly Hon. Michael H. Dunkley: Well, Mr. Speaker, last I checked, if you have to get an investment in Bermuda, it costs you something to bring the investment here, Mr. Speaker. So for $100 million, Bermuda got $360 million. …
Okay.
1414 19 May 2023 Official Hansard Report
Bermuda House of Assembly Hon. Michael H. Dunkley: Well, Mr. Speaker, last I checked, if you have to get an investment in Bermuda, it costs you something to bring the investment here, Mr. Speaker. So for $100 million, Bermuda got $360 million.
[Inaudible interjections]
The Speak er: Okay. Okay. Okay. Hon. Michael H. Dunkley: And the Honourable Member is talking about what Beyoncé costs. Right? There were a lot of hidden costs with that, Mr. Speaker.
[Inaudible interjections] Hon. Michael H. Dunkley: Mr. Speaker, the Honourable Member chirps so much because he realises that I am on a good wicket here, Mr. Speaker. Look at St. Regis, Mr. Speaker. We had to go through pushback for that because of the beach issues down there, Mr. Speaker. And look, I do not have any problems with that, Mr. Speaker, because I believe that people should always be heard. And any criticism by people should be listened to, just like Brother Caines from constituency 14, Mr. Speaker — [Inaudible interjections]
Hon. Michael H. Dunkley: Oh, I will get to that Honourable Member. The same was with Loren, Mr. Speaker. I remember a current Minister standing up in the House and talking about it was only a small boutique hotel so what difference did it make . Mr. Speaker, the Loren has quickly settled in to be a valued property for Bermuda, and well respected, not only in Bermuda but also outside the country. Now, Mr. King was a difficult man to deal with because he had so many change orders all through, but we dealt with it. We got it done. And now he is building [in] nother jurisdictions —some in the islands, some in Texas. What about the airport, Mr. Speaker? Mr. Speaker, they complained about the airport, which is a stellar gateway to Bermuda and a stellar gateway to the world.
Mr. L. Craig CannonierAward- winning. Hon. Michael H. Dunkley: Award -winning, yes. And when I walk through the airport on occasion, people stop me , and for a lot of people, Mr. Speaker, it is their first time travelling because they have been locked up through COVID -19 and have not moved around …
Award- winning.
Hon. Michael H. Dunkley: Award -winning, yes. And when I walk through the airport on occasion, people stop me , and for a lot of people, Mr. Speaker, it is their first time travelling because they have been locked up through COVID -19 and have not moved around much. [Inaudible interjection] Hon. Michael H. Dunkley: The Honourable Premier talks about something that he can get up and talk about in the motion to adjourn, Mr. Speaker. But, Mr. Speaker, they talk about how good the airport is from all the —
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
Hon. Michael H. Dunkley: These points of order really—
Hon. Zane J. S. De Silva: I have to make a point of order, Mr. Speaker.
The SpeakerThe SpeakerWhat is your point of order? POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: Mr. Speaker, the Honourable Member is misleading the House. Because who is he talking to who says the airport was a good deal? Because, Mr. Speaker, I travel more than most.
The SpeakerThe SpeakerMember, take your seat because you do not know who speaks to him and I do not know who speaks to you. But if somebody speaks to him and says, My tie is yellow, and they speak to you and say, My tie is red, that is that person’s view …
Member, take your seat because you do not know who speaks to him and I do not know who speaks to you. But if somebody speaks to him and says, My tie is yellow, and they speak to you and say, My tie is red, that is that person’s view and this person’s view. But you were not there when the person said the tie was yellow. So, he — Hon. Zane J. S. De Silva: I’ll tell you what, Mr. Speaker, I agree with you. It might be two people, but we listen to 2 ,000.
The S peaker: Okay. All right. Let him go. Hon. Zane J. S. De Silva: So that’s okay. I agree with you. Thank you, Mr. Speaker.
Hon. Michael H. Dunkley: Mr. Speaker, you know, it is getting quite —
[Inaudible interjections ]
The SpeakerThe SpeakerAll right. Member. Member. Hon. Michael H. Dunkley: It is getting obnoxious, Mr. Speaker. It is quite obnoxious now because for five minutes he has vacillated. I have four minutes left, Mr. Speaker.
The SpeakerThe Speaker[Addressing MP De Silva] Member, I believe when you w ere on your feet, you had a clear run without any interruptions. There was some stuff that were controversial that people could have chastised you on, and everyone let you speak. We ask for you to do the same when …
[Addressing MP De Silva] Member, I believe when you w ere on your feet, you had a clear run without any interruptions. There was some stuff that were controversial that people could have chastised you on, and everyone let you speak. We ask for you to do the same when other people are speaking even if
Bermuda House of Assembly you do not agree. They did not chastise you. So, remain in your seat and let the Member finish, please. Hon. Michael H. Dunkley: It is a tactic that they employ, Mr. Speaker.
The SpeakerThe SpeakerJust speak to me. Hon. Michael H. Dunkley: I will speak to you. I am speaking to you, Mr. Speaker. You know what ? In the little time that I have left— [Inaudible interjections] Hon. Michael H. Dunkley: Mr. Speaker, in the little time that I have left, the PLP …
Just speak to me.
Hon. Michael H. Dunkley: I will speak to you. I am speaking to you, Mr. Speaker. You know what ? In the little time that I have left—
[Inaudible interjections]
Hon. Michael H. Dunkley: Mr. Speaker, in the little time that I have left, the PLP can only blame them-selves for the challenge we are in now with Fai rmont Southampton and the SDO.
[Inaudible interjection]
The SpeakerThe SpeakerMember. Member. Hon. Michael H. Dunkley: Mr. Speaker, the h onourable Chief Inchirpolator who continues . . . I remember when he announced the sale and purchase of that hotel back in 2019/20. With great pride he came in late one afternoon during a session. Well, in four years, how …
Member. Member.
Hon. Michael H. Dunkley: Mr. Speaker, the h onourable Chief Inchirpolator who continues . . . I remember when he announced the sale and purchase of that hotel back in 2019/20. With great pride he came in late one afternoon during a session. Well, in four years, how much have we progressed? The PLP can only blame themselves, Mr. Speaker. And yes, CO VID-19 did get in the way, but it did not mean that life stopped. You could still negotiate. Mr. Speaker, the Honourable Premier, as I said two weeks ago, has come to this House with so many announcements, so many commitments, and many of them have not be en met, Mr. Speaker. They can only blame themselves, Mr. Speaker. The challenge with the Fairmont Southampton and the SDO is that the people do not know enough. Simply put, Mr. Speaker. Hon. Zane J. S. De Silva: Like the airport. Hon. Michael H. Dunkley: There was an SDO for a certain thing, and then later it had changed and they see the scope of the project changing. And then all of a sudden there is an article put out there with a picture of the project that, Mr. Speaker, to me did really look in bad taste. And we hear a short time afterwards that this is not an accurate portrayal. Well, Mr. Speaker, what does —
[Inaudible interjections ]
Hon. Michael H. Dunkley: And you know, the Chief Inchirpolator , Mr. Speaker, is saying it is not true.
The SpeakerThe SpeakerLet him speak. Let him speak. Hon. Michael H. Dunkley: And I am not disagreeing that it is not true. But if you are running a professional organisation to try to get something done, how in God’s name would you allow an incorrect picture to get out there, Mr. Speaker? …
Let him speak. Let him speak. Hon. Michael H. Dunkley: And I am not disagreeing that it is not true. But if you are running a professional organisation to try to get something done, how in God’s name would you allow an incorrect picture to get out there, Mr. Speaker?
Hon. Zane J. S. De Silva: Stop it. Stop it.
Hon. Michael H. Dunkley: So that built a level of mistrust in people who lived around the area. Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
Hon. Michael H. Dunkley: And Mr . Speaker, at some point you have to say enough is enough.
Hon. Zane J. S. De Silva: Point of order. Mr. Speaker, you cannot allow this man to do that. Mr. Speaker —
The SpeakerThe SpeakerDo what? Do what? Give me a— Hon. Zane J. S. De Silva: Mr. Speaker, the Hon ourable Member —
The SpeakerThe SpeakerWait! Wait! Wait! When you rise to your feet, state your point of order first or sit down. Hon. Zane J. S. De Silva: Point of order Mr. Speaker.
The SpeakerThe SpeakerWhat is your point of order? POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The Honourable Member is misleading the House.
The SpeakerThe SpeakerHow? Hon. Zane J. S. De Silva: The Honourable Member just talked about what that project, what the developer said and it is not true.
The SpeakerThe SpeakerOkay. Take your seat. He talked about a picture that was in the newspaper and he gave his interpretation of the picture. Hon. Zane J. S. De Silva: Mr. Speaker, but the—
The SpeakerThe Speaker—He talked about the picture— Hon. Zane J. S. De Silva: —picture was — The Sp eaker: Member. Member, just take your seat. We have one and half minutes left for this Member’s speech. Let him finish. And be quiet. I do not want to hear from you at all …
—He talked about the picture— Hon. Zane J. S. De Silva: —picture was — The Sp eaker: Member. Member, just take your seat. We have one and half minutes left for this Member’s speech. Let him finish. And be quiet. I do not want to hear from you at all during this one minute that is left.
Hon. Zane J. S. De Silva: I can handle that. 1416 19 May 2023 Official Hansard Report B ermuda House of Assembly Hon. Michael H. Dunkley: You just heard from him. Mr. Speaker, I thank you for that interjection. Mr. Speaker, obviously the Member is getting worked up because the truth hurts. Mr. Speaker — Hon. Zane J. S. De Silva: No.
The SpeakerThe SpeakerI do not want to hear from you. Hon. Michael H. Dunkley: So, Mr. Speaker — Hon. Zane J. S. De Silva: So wrong. Hon. Michael H. Dunkley: —my colleagues are willing to work with the Government to find a resolution for this. We do not like what is going …
I do not want to hear from you. Hon. Michael H. Dunkley: So, Mr. Speaker — Hon. Zane J. S. De Silva: So wrong. Hon. Michael H. Dunkley: —my colleagues are willing to work with the Government to find a resolution for this. We do not like what is going on. We do not like i nvestment dollars to be curious about what Bermudians are doing and get upset that we cannot move forward. This project has dragged on too long. We want it to happen. But it is not just the Opposition that is complaining about it. It is not just the Oppos ition who is writing in about it, Mr. Speaker. There are many people who are concerned that Government has a responsibility to listen and to act. And we are happy to find a medium that can work, Mr. Speaker, if they want to be genuine about it because just like them, we circulate in this community. We care, Mr. Speaker. And we know how badly Bermuda needs economic development. It is not about politics. It is about people, and it is about our future. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? [Inaudible interjections]
The SpeakerThe SpeakerMP Foggo, you have your 20 minutes.
Ms. Lovitta F. FoggoThank you, Mr. Speaker. Hon. Michael H. Dunkley: Mr. Speaker. Mr. Speaker. I hate to interject but the Honourable Member still chirps and is chucking derogatory things at me.
Ms. Lovitta F. FoggoI have the floor, Mr. Speaker. I did not hear a point of order, Mr. Speaker. I did not hear a point of order. SPEAKER’S COMMENTS [Standing Order 19]
The SpeakerThe SpeakerMembers. Members. Thank you. I missed what was said because I was speaking to the next speaker to speak, so I cannot comment on it. But I am going to say to everybody in a minute, if this goes on we are all going home because I am going to …
Members. Members. Thank you. I missed what was said because I was speaking to the next speaker to speak, so I cannot comment on it. But I am going to say to everybody in a minute, if this goes on we are all going home because I am going to clo se the House. I am going to close the House. If you Members are not mature enough, old enough, big enough to stop acting like children, it is time to go home! It is time to go home. The people who voted for us to be in this House did not vote for us to come over here and carry on like this. They expect us to come up here and act like adults and discuss the matters that are important —not to each of you but to them. That is what you are here for. And if you do not understand that, tell me now and I will hi t the gavel and we are all going home! There is too much of this ! We had a decent day of business until . . . what was it four o’clock?, and w e came to the motion to adjourn and everybody is acting like they forgot their senses ! Be mature. That is what we are here to do. That is how people expect us to carry out and conduct ourselves in this House. The next person who is out of line, just pick your bags up and walk out , because if I have to address you, you are going to be thrown out. Clearly understood? Hon. Zane J. S. De Silva: Yes, sir.
The SpeakerThe SpeakerMadam Foggo, let me reset the clock for you. FAIRMONT SOUTHAMPTON—ALL VOICES SHOULD BE HEARD
Ms. Lovitta F. FoggoThank you, Mr. Speaker. Mr. Speaker, some very cogent arguments have been made by colleagues today on the floor of the House. We have heard one person speak to matters regarding democracy and how democracy has advanced when we are here speaking on the floor of the House for those …
Thank you, Mr. Speaker. Mr. Speaker, some very cogent arguments have been made by colleagues today on the floor of the House. We have heard one person speak to matters regarding democracy and how democracy has advanced when we are here speaking on the floor of the House for those who put us here, when we are here as the voice of the people. We have heard the importance of a government having to instil measures that would allow us to see more and better economic success. We have heard why it is incumbent upon governments to engage in measures that they believe will address the needs of the people, and in particular , I am speaking about ensuring that the people get jobs. And I do not think that there is anybody in this House who can really advance a better argument that would allow a government to put in measures that best serve the needs of the people. Mr. Speaker, I think the Member from constituency 14 very eloquently pointed out that a government is tasked with what is sometimes the very tricky business of advancing measures to answer the clarion call of our people. It is a prudent government that will also listen to the cries, the outcries of the people and try and, I guess if you will, deal with all of those issues at the same time. Indeed, any of us who are real politicians know the importance of having to do that. The Member from constituency 5 pointed out when the Government was tasked . . . and I do not think that anybody could
Bermuda House of Assembly argue that when COVID -19 first hit our shores, that this Government operated in a way that it believed was in the best interests of the people. I do not think that anybody could [argue that] . However, measures took place, and they took place worldwide, that gave cause for many to believe that their rights were being infringed upon. And it is everyone’s own personal right, in terms of their health, [to decide] what choices they make. And in enacting cer-tain measures there we re people who felt compelled . . . even though the ultimate choice lay in their hands, they felt compelled and duty -bound to partake in measures that did result in them being hurt. And I think a listening Government (and I do believe that we have a listening Government) will look at that. I will not speak to what the outcomes will be. But they can look at that, open up that book and look at how some people find themselves in a situation where they are constantly paying out medical bills as a direct result of suffering injuries when they elected to take the COVID -19 shots. And so, to me this is a great day in Parliament because we have heard Members who support the Government but at the same time recognise that it is incumbent upon them to also be the voice of their peo-ple and remind their Government that while we engage in meeting the needs of this community and in meeting the needs of our people, we hear their concerns, we listen to their concerns and look for ways in which, whi le considering their concerns, we still do the difficult job of ensuring that we land Bermuda in a state that is in the best interest of its people and in a state that helps pro-mote its people and meet the needs of its people. That is what we do as those who took the oath to serve our people. And yes, governments find themselves sometimes being confronted with decisions that do not nec-essarily curry the favour of the people but at the same time find themselves in that same position where they must do something to ensure that they meet the needs of its people. No government wants to see the economic demise of its own country . Not this Government either. In fact, we just heard recently on the news that we have maintained our A+ ratings. And so, I would say international monetary and financial authorities have confidence in the fact that we are doing things, I would say, in the right way. So I would say, Mr. Speaker, as a Government we need to continue to do those things which are going to put Bermuda in good s tead, but at the same time as a caring Government and as a Government that listens , we need to ensure that in moving forward, in trying to take our people forward and in trying to put them in a better state, in trying to ensure that the infrastructure of this country, both economically, physically and otherwise, is made whole and advance in trying to do that, that we ensure that we likewise continue to hear the cries of our people. Because guess what. When we do demonstrate that we consider what some would call the dissenters or those who are not aligned with certain positions . . . and that happens both in the broader public domain as well as within political institutions. It is part and parcel of what goes on. But when we ensure that we give due and proper consideration to those concerns and we can demonstrate that we are giving due and proper considerations, it invites confidence from the public domain. So, I want to thank the Honourable Members who stood and reminded us that as a caring Govern-ment, while we engage in the measures that we must engage in to put our country in good stead, we [must] never forget the voice of our people in doing so because that is the right thing to do. After all, Mr. Speaker, we put up our hands and ask ed them to put their confidence in us while we serve their interests. And on that note . . . and let me just say this. I for one believe as a politician that this is my job . And I have no doubt that those of us who sit in this Honourable House think and feel the same way. And so again I say thank you to the colleagues who felt duty -bound to remind us of how we advance democracy, of how we best serve our people while at the same time making it clear that, yes, Government’s main job is to ensure the interests of its people. And when it is being done in a way that does not necessarily garner the support of people, then we as a group are challenged to figure out how we do that, because enjoying the support of our people and the confidence of our people allows us to go forward in confidence in all of the measures that we put in place for our beloved Bermuda to ensure that we have a stable environment in every front so our people can prosper. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? MP Cannonier, you have your 20 minutes. FAIRMONT SOUTHAMPTON—ALL VOICES SHOULD BE HEARD
Mr. L. Craig CannonierYes. Thank you, Mr. Speaker. I would like to note that [where] the Honourable Member from constituency 3, the Honourable Member Foggo, left off, she mentioned in what she was saying that we must honour the voice of the people, because many times as Government . . . having been …
Yes. Thank you, Mr. Speaker. I would like to note that [where] the Honourable Member from constituency 3, the Honourable Member Foggo, left off, she mentioned in what she was saying that we must honour the voice of the people, because many times as Government . . . having been Government, we recognise that we may have a mandate to do certain things and have been voted under certain man-dates . But that does not go without challenges as a Government. In other words, there will be times where we believe, as a Government, we have got it right when we have not . And so then will ensue your hear ing from the people as to their concerns. I happen to believe that if folks do not have a platform to be able to voice their concerns in this modern world, it will then come in all kinds of ways —blogs, 1418 19 May 2023 Official Hansard Report B ermuda House of Assembly you name it. They may not have the opportunity, they believe, to be eloquent in their writing to get it in the RG. And so they will put their opinions online. And these things are important. You know, there was a time when I did not pay attention to the blogs. However, it would be remiss of me to not feel and t o not take a look at the tone of what people have to say about a particu-lar subject. So, when the Honourable Member says that we should listen to the voice of people, I agree. I 100 per cent agree with that sentiment. But we must recognise that even as a Government fulfilling the mandate of trying to get up, get work and all the likes, we may not always get it correct by the populace of the country —our people whom we represent here on a regular basis. And that is why we have the system that we do have so that we can go back and forth. Now, the Honourable Member Zane De Silva mentioned that . . . he talked about . . . he said criminal . And just like him, I do keep records of articles and the like. And he is always very good; he will go back several years and take a look at what you have said. Well, had the Honourable Member gone back a year ago to May 7, he would have understood the reason why I said that. On May [6], a year ago, the Honourable Vance Campbell, the Minister of Tourism, in his statement when we were debating the 1Southampton Princess hotel —just the hotel (not the SDO, the hotel itself and the concessions )—his words were, Mr. Speaker, that if he did not support this it was being criminal and tone-deaf. Now, everyone is entitled to their opinio n. And my opinion at the time was, 2Listen, I am trying to understand why we are giving 15 years of concessions for a renovation when we gave 10 years for a brand- new hotel to be built ? And I was trying to reconcile the two as to where we were going with this. And in my discussions and in my understanding and even in my discussion with Gencom, it became clear that we did not have enough information. And to be frank, at that time, with the conversations that were had, they were unwilling to give more information to substantiate why [they] needed 15 years. Well, we were not going to go to the public with that information. We needed to understand because we wanted to get on with getting the hotel renovated. And so ensued . . . we thought we were going to get more information. It did not happen. It did not happen. And two days before, Senate was to meet on the same sub-ject in another place. It was thought that this might get turned down. And two days before Senate met, all of a sudden now , because there was so much being said on the blogs and so much being said about , Hold on a 1 Fairmont Southampton Hotel Act 2022, second reading debate, Official Hansard Report 6 May 2022, page 1262 second; why are we doing 15 years so me pieces of the information were made av ailable. Hon. Zane J. S. De Silva: Point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: Mr. Speaker, the Honourable Member might be unintentionally misleading the House. You cannot come to this House and quote what is said on the blogs. You really c annot. And that is unfair to everyone in this …
The SpeakerThe SpeakerYou made your point. Clarify where y ou were. POINT OF ORDER Hon. Vance Campbell: Point of order, Mr. Speaker. The information that the Honourable Member speaks of was provided as a result of the Minis ter meeting with the Senate and that information was requested by Senators and was …
Mr. L. Craig CannonierThank you, Mr. Speaker. I appreciate their interpolation into what they believe happened. But I spoke directly with Gencom themselves. I am not talking about blogs— Hon. Vance Campbell: Mr. Speaker—
Mr. L. Craig CannonierLet me finish. I am not talking about blogs. Hon. Vance Campbell: Point of order.
The SpeakerThe SpeakerLet me help you. I think the firs t Member who got up referred to blogs , that you should not listen to them. The s econd Member got up, the Minister got up and he said it took plac e in the Senate; it was not the blog. Is …
Let me help you. I think the firs t Member who got up referred to blogs , that you should not listen to them. The s econd Member got up, the Minister got up and he said it took plac e in the Senate; it was not the blog. Is that what you are trying to clarify? Hon. Vance Campbell: No. What I said was we had a meeting with the Senate and the information that was provided that he is talking about . . . it was not interpolation. We provided it after having a meeting with the Senate in which it was requested to assist them with their deliberations in the Senate. 2 Ibid, page 1273
Bermuda House of Assembly The Speaker: What I am trying to clarify . . . the information came out of the Senate and not from a blog.
Hon. Vance Campbell: No. I am saying the information, that he said suddenly appeared in the Senat e, was a result of Senators requesting that information after we met with them.
The SpeakerThe SpeakerOkay Hon. Vance Campbell: Not interpolation ; it was facts.
Mr. L. Craig CannonierThank you, Mr. Speaker. So, I will correct the Honourable Minister of Tourism. I met with one of the investors from Gencom about the infor-mation that we requested long before [the] Senate was to debate it —long before [the] Senate was to debate it. He promised to bring information. He …
Thank you, Mr. Speaker. So, I will correct the Honourable Minister of Tourism. I met with one of the investors from Gencom about the infor-mation that we requested long before [the] Senate was to debate it —long before [the] Senate was to debate it. He promised to bring information. He never brought it, and then we pressed the issue. Yes, we did press the issue as far as [the] Senate was concerned. But the Honourable Tourism Minister was not a part of the meetings that we had with Gencom and those interested in Gencom, and we stated clearly to them, You are just now coming with the information because there is a fear that it might not go through. Those were private conversations that were had. And I am letting those conversations be known to the Minister. Now I know the Minister may be a little concerned about the fact that he was the one that initiated the word “criminal” from the very beginning —
POINT OF ORDER
Hon. Vance Campbell: Point of order. Point of order, Mr. Speaker. I used those words. I did. But I am not concerned that he is raising them now. I used those words, and I will live with using those words.
The SpeakerThe SpeakerI think what he is trying to do is use it as part of his rebut —my word, rebut —to what — Hon. Vance Campbell: No, he is not, Mr. Speaker. He is trying to say I am upset because he is saying I used the words. That is not …
I think what he is trying to do is use it as part of his rebut —my word, rebut —to what — Hon. Vance Campbell: No, he is not, Mr. Speaker. He is trying to say I am upset because he is saying I used the words. That is not . . . He cannot . . . he does not know how I feel about that.
The SpeakerThe SpeakerTrue. Go ahead and try and clarify what you were —
Mr. L. Craig CannonierYes. No need. I know what I said, Mr. Speaker. Thank you very much. I appreciate that. So, I understand that when we are going through these things and when we were discussing the whole issue, the SDO with the Southampton Princess was completely separate. And I was very clear …
Yes. No need. I know what I said, Mr. Speaker. Thank you very much. I appreciate that. So, I understand that when we are going through these things and when we were discussing the whole issue, the SDO with the Southampton Princess was completely separate. And I was very clear when I got up and ma de my comments because I had made them directly to Gencom themselves that I did not agree with the 15 years of concessions and that they needed to substantiate that. And so, a year later here we are now. We have gotten clarity on the SDO, and we understand that this is a completely separate subject. No one is protesting the renovations of the hotel in and of itself. Everyone wants to see that happen. I think the concern that has been coming about is there has been a lack of information and understanding t o substantiate why the number has to be at 261. And I think that is where people became concerned. I have not heard anyone say that they did not want to hear that the hotel would . . . or speak against the hotel being renovated. I think it is important to clarify that 99 per cent of the people that I talk to, actually 100 per cent of the people I have talked to thus far, want to see this thing happen. But there will be differences of opinion on the matter going forward. And so, when we see people protestin g . . . and I will use [this] as an example. Sometimes we have to make an about face and take a little longer than what was anticipated. But I can remember when we were Government and there was a protest against the Lamb Foggo [Urgent Care Centre] being closed down. After taking a look at all of the variables involved and listening to the people, it was very clear that that was a mistake that the OBA was making. And I corrected that mistake and said that we would not go forward with that proposal of closing down the Lamb Foggo clinic for many reasons. Sometimes when we are speaking to an issue, speculation can sometimes creep in. And when I mentioned about the blogs —and maybe I was not clear, and that happens sometimes when you are speaking to an issue —I r ecognised that maybe we were not being clear enough about the fact that the beach in St. George’s was not going to be private. And maybe we needed to do better at our argument as to saying, Listen, this was going to be available to the public in gen-eral. But I do appreciate the fact that there were many who felt like this was going to be a beach that was going to be blocked off and private, [unavailable] to the public. And so, you know . . . In fact, I think I remember at the time, the beach is not private. I heard an interpolation [that] it is not private. Anyone can go down to that beach even now. If we all decide to go down there and have a picnic, we can. We certainly can. It is important for us to be able to take on whatever is being commented on as t o whether or not we are for or against it. But I do not want the public to in any way believe that just because someone says, Well, look. I do not agree with that there, that it is not founded in some sound debate or argument and that there are reasons for that. We have gotten so cynical in this House that every time someone gets up to say some-thing it is viewed as being so- called “ political. ” And it is 1420 19 May 2023 Official Hansard Report B ermuda House of Assembly also being viewed as if, O h you know th e ‘Royal Gazette’ is part of the Combined Opposition. and that, you know, we have— Hon. Zane J. S. De Silva: I couldn’t have said that any better.
Mr. L. Craig Cannonierwe, we, . . . that somehow we have some say in that. Well, I c an assure you, Mr. Speaker, the Royal Gazette has never been a friend of mine. Hon. Zane J. S. De Silva: What?
Mr. L. Craig CannonierSo you know I do not s tand here knowing or hav ing some inside track to the Royal Gazette because I believe that they also have participated in speculation. [Inaudible interjection]
Mr. L. Craig CannonierExtremely, extremely deep. Now one of the things also that is confusing about this SDO when it comes to Southampton Princess is the fact that, and I heard an Honourable Member speak before from constituency 2, Kim Swan, the Honourable Member, that these condos will be a part of the …
Extremely, extremely deep. Now one of the things also that is confusing about this SDO when it comes to Southampton Princess is the fact that, and I heard an Honourable Member speak before from constituency 2, Kim Swan, the Honourable Member, that these condos will be a part of the hotel rooms . Well, I am not sure what meeting he has been in with the organisers of this or [had] any meetings with Gencom, but [in] my meeting and others of the OBA and others, independents, sitting in listening to a presentation, it was made very clear to us that they cannot mandate anyone who buys these condos to be a part of the tourism hotel beds . Hon. Zane J. S. De Silva: Point of order, Mr. Speak er. That is really untrue.
An Hon. Member An Hon. MemberThat is false. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The Honourable Member is certainly misleading the House. Mr. Speaker, it has been stated very clearly by the developer that there are a number of units that will be built that will be part of the hotel …
That is false. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The Honourable Member is certainly misleading the House. Mr. Speaker, it has been stated very clearly by the developer that there are a number of units that will be built that will be part of the hotel stock. The Honourable Member cannot say that and get away with it. He cannot. That is untrue. It is false. It is really unbelievable that he made that statement.
The SpeakerThe SpeakerAll right. Here is what . . . We are not going to get into a back and forth. What the Member said was that in a meeting that he had. I was not in that meeting. You were not in that meeting. What has been said in the public …
All right. Here is what . . . We are not going to get into a back and forth. What the Member said was that in a meeting that he had. I was not in that meeting. You were not in that meeting. What has been said in the public . . . We all know what has been said in the public. So, we are not going to get into a dispute going he- said and she- said. That is what was said to him in his meeting, or his interpretation of what was said. We will let him present his interpretation. There are other opinions that have been said elsewhere that I think we have heard elsewhere. And we will leave it at that. Continue.
Mr. L. Craig CannonierYes. Thank you, Mr. Speaker. Yes, I think if I were to clarify or to be very specific, they cannot mandate a certain number of rooms to be a part of the hotel. And that is what I said. And it was very clear from the Honourable Member s in …
Yes. Thank you, Mr. Speaker. Yes, I think if I were to clarify or to be very specific, they cannot mandate a certain number of rooms to be a part of the hotel. And that is what I said. And it was very clear from the Honourable Member s in the presentation and my colleagues. All of my colleagues that were there in the meeting can back it up. We asked a specific question as to the percentage of that. And they could not tell us because it was not mandatory for anyone who buys these $2- plus million —or maybe a little less than that —condos to be a part of the — Hon. E. David Burt: Point of order, Mr. Speaker. Hon. Zane J. S. De Silva: People are listening, Craig. Come on!
Mr. L. Craig CannonierTell me what happened in the meeting. [ Crosstalk] Hon. E. David Burt: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. Yes. POINT OF ORDER [Misleading] Hon. E. David Burt: This is a legislature. We pass laws. Laws state very clearly what tourism residences are and what private residences are. And tourism resi-dences have requirements just like at Bermudiana Beach [Resort], just like at other places, for inventory …
Point of order. Yes. POINT OF ORDER [Misleading] Hon. E. David Burt: This is a legislature. We pass laws. Laws state very clearly what tourism residences are and what private residences are. And tourism resi-dences have requirements just like at Bermudiana Beach [Resort], just like at other places, for inventory to be put back into use for hotel stock. That is a matter of law. And if we are going to speak, we should speak on matters of law and fact and not speculation.
The SpeakerThe SpeakerYes. B ermuda House of Assembly Mr. L. Craig Cannonier: Thank you. I appreciate the Premier stepping in. I would like f or him to provide that in relation to this SDO. That information— [ Inaudible interjection]
Mr. L. Craig Cannonier—because I can state very clearly what was said. And I am sure that Honourable Member s will, if they need to—they do not need to— [state] what was discussed and what was said at that particular time. And so here we are. I am sure that most of us …
—because I can state very clearly what was said. And I am sure that Honourable Member s will, if they need to—they do not need to— [state] what was discussed and what was said at that particular time. And so here we are. I am sure that most of us would like to see this happen as soon as possible. The challenge with this particular SDO —not the hotel in and of itself —is the fact that people are still very much concerned and do not have enough information about substantiating why it needs to be 261 units. If I saw information that substantiated that, I have no issues with it happening at all. But what the public has seen is that it used to be 131 units, and then when it came to present-ing to the Government this SDO, it then was 261. And yes, we were told also that this 261 was the number that had come down from what they originally wanted. And so, I made it known to those Members. Well then, substantiate to us exactly why that is to be the case because if we do a quick measure-ment of the number of units that they want —261 units — and we do an average of about $2 million, which is what they said would probably be the average amount, you know, we are now talking about somewhere in the range of $700 million. And so— POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: Sorry. Point of order, Mr. Speaker. That is factually wrong—261 times $2 million . . . and you said $700,000? Come on. Anybody can do that arithmetic, Mr. Speaker. Come on.
The SpeakerThe SpeakerOkay. Okay. Hon. Zane J. S. De Silva: Come on—261 times 2? Come on. It is not 750, Mr. Speaker. Come on.
Mr. L. Craig CannonierI am sure the Hansard will show that I said $700 million. Hon. Zane J. S. De Silva: He did, Mr. Speaker !
The SpeakerThe Speaker[He said] $700 million. Hon. Zane J. S. De Silva: Mr. Speaker, 261 times $2 million. The Speaker: Okay. Hon. Zane J. S. De Silva: Come on, Craig. You know that math.
The SpeakerThe SpeakerAh! Ah! Ah! Hon. Zane J. S. De Silva: It is $520 million, not $750 million.
The SpeakerThe SpeakerMP! You go on too long. State your point and sit down. [If] you keep going on, you lose yours. Okay? I was clear on that earlier. [Inaudible interjections]
The SpeakerThe SpeakerI was clear earlier! [Inaudible interjections]
The SpeakerThe SpeakerI was clear earlier! [Inaudible interjection]
The SpeakerThe SpeakerMember! I was clear. Hon. Zane J. S. De Silva: All right. Jeez!
Mr. L. Craig CannonierYes, Mr. Speaker. And he is right. It is about that amount. What I did not . . . I did not average what . . . What we did do, and what he is not aware of, is that we actually did do a breakdown of the units. Some …
Yes, Mr. Speaker. And he is right. It is about that amount. What I did not . . . I did not average what . . . What we did do, and what he is not aware of, is that we actually did do a breakdown of the units. Some would be in the $3 million range. And maybe I should present that paper that shows where it will be about in the range of that $700 million. Maybe not. I do not know. Regardless of the fact, if we even take it at $500 million, Mr. Speaker, the question is to be able to substantiate that. And I take the Honourable Member ’s getting up to say that. And [it] probably was based on the 300 that they wanted instead of the 261. So, I will accept that as a point of order. The point at the end of the day is that I believe that everyone is looking for consensus in getting this hotel built. And the concern is that it appears —based on public conversation—that if we do not get the 261 units, then the hotel will not get renovated. And so many people are going to ask the question then, Well, why? You know? Is it not the priority to get this hotel up and running? If it was going to be contingent on 261 condos, then maybe someone should have said that in the first place. And so now the surprise is, okay, well we got all of these units that people want. It is a fair concern, [a] completely fair concern. I recognise that it is up to the Government now to ensure that this thing goes through, and it is up to the Government to ensure that people understand all of the variables that are involved. That is important. That is 1422 19 May 2023 Official Hansard Report
Bermuda House of Assembly important because the public needs to know and understand those neighbours who are there, those people who are going to be working there. Everyone needs to understand the numbers behind why this has to be. So, I am hearing the Government and they are saying this and that , and this is not true. But I have stated what has actually been said to myself and other members in the OBA and have spoken to those in a factual manner.
The SpeakerThe SpeakerThank you. Does any other Member wish to speak? MP Min g, you jumped pretty quick that time. So, like, 20 minutes?
Mrs. Renee MingI will take what time I need, Mr. Speaker. I am sure I will be less than 20 minutes, then.
The SpeakerThe SpeakerGo right ahead. MPs NEED TO ADVOCATE FOR THE PEOPLE THEY REPRESENT
Mrs. Renee MingSure. Mr. Speaker, when we rise to our feet in the House— or when I do anyhow —it is not for likes or popularity or anything like that. I do not think anyone here would ever doubt my advocacy for my people because actually if they do, then they just …
Sure. Mr. Speaker, when we rise to our feet in the House— or when I do anyhow —it is not for likes or popularity or anything like that. I do not think anyone here would ever doubt my advocacy for my people because actually if they do, then they just do not know me. So, what I want to talk about today then, Mr. Speaker, is a piece that was in the Royal Gazette this week. And to be truthful, somebody had to call me to tell me about it because I generally do not read it. And it would be from my fellow St. Georgian, Mr. Tommy Harvey, who happens to be the candidate for constituency 2. Mr. Speaker, I believe that Mr. Harvey was (and I will have to say) trained to call out the East End MPs for our advocacy in terms of the school reform. I did not take great offence to it because I could walk around my constituency and they know exactly what they will share with me. I have been to the virtual meetings as they related to the East End schools, and I have been to the physical meetings at East End Primary at the cathedral. And wherever my constituents ask for me to be present then I have been there. So, when I hear Mr. Harvey say that we are silent, the first thing I will say is that Mr. Harvey does not know me. Okay? So, I kind of have to take a breath here because I do not know if I saw Mr. Harvey at every meeting.
Hon. E. David Burt: Ah!
Mrs. Renee MingBut going to one meeting does not mean that you do not think. These are our children, Mr. Speaker. Okay? And so, when we start to talk about our children, you will not find me jumping up and down having to run to the newspaper every five minutes, because validation …
But going to one meeting does not mean that you do not think. These are our children, Mr. Speaker. Okay? And so, when we start to talk about our children, you will not find me jumping up and down having to run to the newspaper every five minutes, because validation for me does not come through the Royal Gazette or any other media. I just need to knock on the doors, and my constituents let me know exactly what they think, what they would like for me to speak on, what they would like for me to research, and what they would like for me to advocate on. And when you hear my voice, it is normally a reflection of the people who put me in this seat. I think I made that clear a few weeks ago. So, Mr. Harvey (who I happen to know very well, who I believe is starting out in his political career), do not get off on the wrong foot. Do not get off on the wrong foot. Do not allow your name to be put to articles that can bring you shame because you might, —might , big might —sit in this place one day, and you will have to make some decisions, whether they be sensible, reasonable, about the people that you represent. And o ne of the reasons that you will find that I do not very much typically speak to our children things [is] because our children have to read this stuff. And I do not know, you know, what the psychological side of that looks like. And when I walk around my constituency every child knows that Aunt Renee ( Ms. Ming, Ming, as they typically say) absolutely loves them. And so, to hear this type of nonsense about we are being silent . . . silence does not mean that nothing is being done. Does anybody in this room t hink that I would not have shared my comments on the East End plan with the Minister? [I] think you all know me better than that. So Mr. Speaker, I would encourage the young, but not -so-young, politician, do not be afraid to do the right thing. That is pr obably what I would say to anybody that sits in this space. It could never be wrong to do what is right by the people that you represent. So that could be my takeaway on that, Mr. Speaker. That is what it is. I do want to speak on something else, and I was not prepared to, but I think that the Honourable Member brought it up earlier . And that was with regard to the St. George’s hotel development effort s. Let me be clear which one I am actually talking about. Okay?
[Inaudible interjections]
ST. GEORGE’S HOTEL DEVELOPMENT
Mrs. Renee MingAnd I think you guys know that for years I stomped on that beach matter. I live in constituency 1. I have all of my life. No, sorry. I lived in Wellington, which is [constituency] 2, for a few years. But I have lived in St. George’s all my life, …
And I think you guys know that for years I stomped on that beach matter. I live in constituency 1. I have all of my life. No, sorry. I lived in Wellington, which is [constituency] 2, for a few years. But I have lived in St. George’s all my life, Mr. Speaker. And that beach discussion went on for years. One of the questions that I always had was what is “reasonable access .” And that was something that we could never get [an answer] to.
Bermuda House of Assembly As a family and a person and a Member who uses the beach all the time, that was a fair question, I felt, and it should have been answered because the people of constituency 1 wanted to know. B ut Bermuda on the whole wanted to know because it is not just St. George’s people who use that particular beach. The reasonable access was [section] 3 (in case the Members are looking at me puzzled) in that particular Act.
[Inaudible interjection]
Mrs. Renee MingYes. [It] was a serious question because: What defines “ reasonable” ? Reasonable to Mr. Pearman could be one thing. Reasonable to Minister Burch could be one thing. [To] Minister Weeks [it] could be one thing, right? So, a clearly defined “ reasonable” would have answered many of the questions …
Yes. [It] was a serious question because: What defines “ reasonable” ? Reasonable to Mr. Pearman could be one thing. Reasonable to Minister Burch could be one thing. [To] Minister Weeks [it] could be one thing, right? So, a clearly defined “ reasonable” would have answered many of the questions that we had. And that was actually never given. And I can say that in 2018 the word “ reasonable” was actually removed from the legislation. And I think that had that been . . . that was an opportunity, I think, at that time for the OBA to listen as well and have the word “ reasonable” removed because it did not in any way impact the beach because we know it is a pub-lic beach, although it does have chairs on it that you cannot go sit on now. And it is a public beach. But the word “access” was there. So, the public has access to the beach. It is a big difference, [the] removal of one word. One word. Mr. Speaker , often times we sit in the House of Assembly and we are listening. I do. I listen intently, whether I am here or I am listening in another space. But I am always minded of the people who put me here. And they have been in essence superb constituents. And I just hope that I can continue to be what it is that they want in a representative, that I do not ever lose any of my focus on why it is I sit here, that I continue to advocate on their behalf and always care and listen to the things that they bring to me, Mr. Speaker. Mr. Speaker, Governments have to listen. And Members of Parliament have to listen as w ell. And sometimes the Members of Parliament have to make the Government listen. And [I] will not tell you that that process does not work because [there are] some things we do not have to talk about in this space. But each and every one of us has a right, and we have an obligation to be the voices of the people that put us here. Mr. Speaker, I have 11 minutes left, but I do not even need that much time. I think that my message has been received. As for Mr. Harvey, his colleagues could even take it back to him in case he did not get a chance to listen: Do not get started on the wrong foot. Yes. And do not get me wrong, because I have a lot of love for Mr. Harvey. He is another fellow St. Georgian like me. But tell him I do not want to see these types of art icles because he knows for sure that my silence does not mean that I have not listened or that I have not done the work. And [he should] not get started on the wrong foot because I do not want him to be on the other side of my foot either.
An Hon. Member An Hon. MemberOh-oh!
Mrs. Renee MingWe have a lot of respect for each other. We keep going down that path. And thank you for that time, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to make a contribution? Minister Furbert. FAIRMONT SOUTHAMPTON—PROVIDING EMPLOYMENT AND HOUSING FOR BERMUDIANS Hon. Tinee Furbert: Thank you, Mr. Speaker. I also feel compelled to talk this evening, Mr. Speaker, on two matters. The first matter was in 2020 …
Thank you, Honourable Member . Does any other Honourable Member wish to make a contribution? Minister Furbert.
FAIRMONT SOUTHAMPTON—PROVIDING EMPLOYMENT AND HOUSING FOR BERMUDIANS
Hon. Tinee Furbert: Thank you, Mr. Speaker. I also feel compelled to talk this evening, Mr. Speaker, on two matters. The first matter was in 2020 when we all had to go through the facts of COVID -19. We were all in lock down, and many people were dis-placed from employment, did not know whether they had a job or not —and particularly [in] the hotel industry. There were many people who were displaced, and, you know, just did not have an income. And it was this Government that had to come and pull through with the supplemental unemployment benefit to help people. I speak to that, Mr. Speaker, because I remember just walking to the office one day, and a parent stopped me one day and she said, Oh, you know, I am just very disheartened in regard to COVID -19- because this was the first time that my daughter (her daughter has Downs Syndrome) had been offered a job at Southampton Princess. And you know it was very hurtful that she could not take up this opportunity because there are not many —let’s be honest, Mr. Speaker —employers who take on persons who have intellectual disabili-ties and take them into the workplace and provide occupations or employ ment for them. And I have to bring to the public’s attention the fact that Southampton Princess is an employer who employs many people. And you know it is quite important to our community. We are all talking about economic development and opportunities for work for our people. I do not have to go down that road. We know that it is very important to our community. Having employment opportunities is important to our people, but the other thing that is very important, which we all have to recognise, is that every time, Mr. Speaker, I get a message about someone, you know, being evicted or someone being displaced from a home or finding themselves in a homeless position or someone needing an apartment, it makes me cringe, Mr. Speaker, because I just wish we had enough housing inventory that we could say, Go there! —
An Hon. Member An Hon. MemberYes, we do. 1424 19 May 2023 Official Hansard Report Bermuda House of Assembly Hon. Tinee Furbert: —It is right there! —
An Hon. Member An Hon. MemberThat is right. Hon. Tinee Furbert: It is available! And so, when we talk about what the Southampton Princess is doing by providing for more residence[s] for people in our country, we cannot look down on that, Mr. Speaker. Now, you know, we may say maybe there the residence[s] or …
That is right. Hon. Tinee Furbert: It is available! And so, when we talk about what the Southampton Princess is doing by providing for more residence[s] for people in our country, we cannot look down on that, Mr. Speaker. Now, you know, we may say maybe there the residence[s] or the housing will be for hi gher income persons, and that may be so. But think about our housing inventory now where we have people who can afford higher ranks taking up affordable rentals for persons in our community. And the only way we can address that issue, Mr. Speaker, is by in creasing our housing inventory whether it be affordable housing [or] whether it be high- cost housing. We have to open up that pool of residence[s] for people. We have to. We have to be, you know, civil and good citizens where we would want that for many of our people, Mr. Speaker. I just wanted to point that out. I want us to recognise the fact that our people are in dire need of hous-ing, in dire need of housing . [For] anyone who lives in Bermuda, the number one thing we need is shelter. Okay? In order to provide for stability.
NEED TO STRENGTH EN SENIOR ABUSE LEGISLATION
Hon. Tinee Furbert: I do want to move on to another topic, Mr. Speaker. And the reason I need to speak to this topic is because I do not know if everyone is familiar with Kirsten Badenduck. The late Kirsten Badenduck. She passed in 2019. She was an insurance executive who became a champion for the disabled. And I have to speak to what Kirsten went through be-cause we may have read in the paper [about] a lawyer who stole more than $86,000 from her quadriplegic client [and] was imprisoned this time for five years. And I am standing up on my feet today, Mr. Speaker, because Kirsten was a huge advocate for persons with disabilities. Kirsten was involved in a serious road traffic accident in 2002 where she suffered injuries and she became a quadriplegic. But she remained positive, and she remained a campaigner for others who faced s imilar challenges. She was also part of the National Accessibility Advisory Council in 2007 to push for rights and treatment for the disabled. So, I am standing here today in honour of Kirsten [and] in regard to vulnerable persons being taken advantage of. Now when we listen to the headline of, you know, someone who would have stolen $86,000 from a quadriplegic, and they received five years in prison, it makes me think whether or not justice was served because I could imagine how Kirsten felt , someone who was a wheelchair user , who relied heavily on the help of other people. Kirsten had a huge support system of caregivers who would help her everyday with her activities of daily living, with her feeding, her bathing, her dressing, her turning, her mobility, being able to get around in her powerchair. And she relied on to pay her bills, people to manage her caregivers. She relied on these people and you have to have a level of trust to be able to accept all this help in your life. Right? And so having to rely on others, particularly when at one point you didn’t have to rely on others, can be very challeng-ing for anyone —for anyone! So, you know, the message today here, Mr. Speaker, is people. People out there, if you are listening, we have to be able to trust one another and you have to do the right thing. You have to do the moral thing. Sometimes when you have access to people’s funds, if nobody knows, if nobody catches the crime, then it is not a crime; that is what people seem to think. Right? But I hope that if there are people out there still doing this to vulnerable people, our seniors or others, I hope your conscience is eating you up, because it is not right, Mr. Speaker. It is not right to even think that you can pay it back and everything is going to b e okay. It is not right in the first instance, Mr. Speaker. You know that some-one would have worked hard for their funds, to have access to their pension and that someone is asking you to take their ATM card to get money to go and buy a supply or a product for them and then you go and take their money for another use? Mr. Speaker, it is just not right. And to compound it, on top of that someone who may not have their faculties. Now Kristen had her faculties. She had her cognition. But there are seniors or persons out there who have no idea that people are swindling their monies from right underneath them, even [those with] power of attorney or persons who have high responsibility for other persons’ assets. And you know, it can be very easy to do, but if you are listening out there, please, find people in your lives who you can trust. Find people in your lives who show examples of being truthful, honest and just trustful. You know? I go on to say, because this Government is working on strengthening its senior abuse legislation, particularly in the area of financial exploitation, we don’t . . . and I think of people . . . now, Kristen’s family supported her to be able to take this case to trial. But there are many people, Mr. Speaker, who cannot afford the assistance of legal personnel to be able to support them through these types of trials. And so I could not imagine the amount of criminal activity that could be potentially happening out there because people do not have the support or the legal framework to be able to support them to minimise the abuse of financial exploitation. So I am even reaching out to persons in our community, if you know of someone out there who is not doing the right thing, make sure you check [on] them. And make sure that you . . . we have the Ageing
Bermuda House of Assembly and Disabilities [Services] office where you can report this as well. I read further in this article, Mr. Speaker, where it says . . . in this particular case the court heard of multiple cash withdrawals, purchases and money transfers made from Mrs. Badenduc k’s account to another account. When we speak of financial literacy as well, this is also very important because sometimes we just also just make the assumption that everything is okay with our accounts or with other people’s accounts. S o you have to remain vigilant and check and do your checks and balances to make sure that you are not being swindled. Mr. Speaker, again, I just want to get the message out to our listening audience, and particularly in the honour of Kristen, who was a huge advocate of vulnerable persons and a really good friend in that she . . . I don’t know if she would say justice was served. I mean, I am sure those who went through that trial, there was lots of hurt and confusion because there were people in each other ’s lives who potentially were friends, and I am sure friendships were destroyed. But Kristen would say, Continue to look out for one another. Continue to do the right thing. Continue to do the moral thing, Mr. Speaker, you know, so that we can increase our protections on our vulnerable people. And also, increase our protections and for persons not to be afraid to speak up with they see incidences such as is hap-pening. It creates a lot of devastation and mistrust in our community. Particularly when you are dealing with finances and people’s money, it is hurtful. Again, I just want to let the listening audience [know] that there is a resource out there. There is the Ageing and Disability [Services] office, particularly for our seniors and persons with disabilities should you re-quire or need support when there is abuse, neglect or exploitation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Minister Weeks, b efore I can even press the button you are on your feet. You got your 20 minutes, sir. CARNAGE ON BERMUDA’S ROADS Hon. Michael A. Weeks: Thank you, Mr. Speaker. Mr. Speaker, I rise today to talk about two things in particular. One of …
Thank you, Minister. Minister Weeks, b efore I can even press the button you are on your feet. You got your 20 minutes, sir.
CARNAGE ON BERMUDA’S ROADS Hon. Michael A. Weeks: Thank you, Mr. Speaker. Mr. Speaker, I rise today to talk about two things in particular. One of my colleagues on the other side from constituency 10 spoke about two things that are very important, I believe. One is the carnage on our roads that we are suffering. I wholeheartedly agree with him that this is not a political thing. This is not only for some people. This is a community thing that we have to address together. And I will start by saying, Mr. Speaker, that we cannot police ourselves out of this issue. About six weeks ago I came to this Honourable House during our motion to adjourn and I talked about some stati stics that our country has faced over the last 10 years. Mr. Speaker, I remember saying that there are more young people, young fathers, more young Black men dying on our streets than in any other situation on this Island. This is not a new phenomenon, Mr. Speaker, and we have to get on it and address it. Mr. Speaker, over the last three years, I think if my memory serves me right, since 2019 there have been 49 road traffic deaths. Also, Mr. Speaker, during the same period, there were more than 400 life- altering injuries. And that too seems to get lost when we talk about the carnage on our roads. I think we stop only when we hear of someone losing their life. But imagine, there are more than 400 life- altering injuries. My colleague who just took her seat t alked about one of those persons who became a paraplegic. When we look around with people losing their arms, their legs, some having developed mental illness as a result, there is stuff that needs to be done and I am here to say, Mr. Speaker, that this Gov ernment is cognisant of what we are facing. The Ministry of National Security with the blessing of the Premier and the Government and in conjunction with Transport, is working on some things that we could address what is happening. We have to look at this in a holistic way and make it a community event, a community challenge, because as I said, six weeks ago, I say now. We are facing a national crisis, Mr. Speaker. When we look at the number of deaths on our roads over the last three or four years, it aver ages out to just about one a month. So what we are going to do we are going to do as a community. So again, I agree with the Member from constituency 10 and others. The way we are destroying our families, our bodies on these roads, we should be up on our feet, Mr. Speaker, practically every session talking about what is happening on our streets. This carnage has to stop. And it has to start here because we are the voice of the people, Mr. Speaker. Every week somebody should be up on their feet talking about what we are doing. But what I can say, Mr. Speaker, is that the Government is not blind or deaf to what is happening, and we are in the midst of putting some programmes, putting some measures together to try stem this national crisis that we are in the midst of. And before I go on to my next point I have to stress that this is not a police issue. Not police alone. We have to come together. And if you see something, say something. We are right now on our last road fatality, Mr. Marco Warren, we have talked about him at length today in obits and congrats, . . . well, in obits. And it is important that his life cannot go in vain. You know, it is a serious thing when the police are looking for witnesses and nobody is coming forward. We cannot become immune to what is happening on our streets. S o if you see something, say something. If you know who 1426 19 May 2023 Official Hansard Report
Bermuda House of Assembly did it, speak it, because at the end of the day, we all are in this together.
CCTV TENDERING PROCESS
Hon. Michael A. Weeks: Mr. Speaker, the second thing I want to talk about is the CCTV, also, a point that the Member from constituency 10 brought up. Mr. Speaker, he said to the House that the Minister (meaning myself) had talked about CCTV and there were monies in the budget last year but nothing got done and he was wondering where we are on this. Mr. Speaker, I am here to remind yourself and the listening public that I made it clear that we will have put the CCTV project out to tender. And we are very near to having a contract signed. As I said then, I say again, that I will not say who won the cont ract until a contract is signed. I promise that I will bring that to this Honourable House. So in the next couple of [sittings] I pledge to bring to the House who won the contract, what the terms of the contract are because I definitely agree that CCTV is very much needed. And it needs to be upgraded. We made it clear that the reason we had the new CCTV tendering process is because the system as it stands now is old and outdated. So we will have the contract terms and reference in this Honourable House in the very near future. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Mr. Premier, would you like . . . no, no, he didn’t start. So the House isn’t finished when he sits. Others can still speak afterwards. [Laughter]
The SpeakerThe SpeakerYour Members look like they were going to lose out that time. Mr. Premier, you have your 20 minutes. Hon. E. David Burt: Thank you, very much, Mr. Speaker. Mr. Speaker, I promise you I won’t take 20. I am grateful for the Deputy Premier moving the motion to adjourn …
Your Members look like they were going to lose out that time. Mr. Premier, you have your 20 minutes. Hon. E. David Burt: Thank you, very much, Mr. Speaker. Mr. Speaker, I promise you I won’t take 20. I am grateful for the Deputy Premier moving the motion to adjourn while I was not here, and doing the third reading so I am grateful. And as you said, Mr. Speaker, I am a, I guess I will call it a moment of uncharacteristic excitement from you. You reminded all of us that we have had a productive day.
The SpeakerThe SpeakerYes. FAIRMONT SOUTHAMPTON SDO —A COUNTRY OF YES AND PROGRESS Hon. E. David Burt: We have covered a lot of things. And so we absolutely have, Mr. Speaker. There has been some commentary today on this matter of a Special Development Order [SDO] and the Fairmont Southampton Hotel project. I …
Yes.
FAIRMONT SOUTHAMPTON SDO —A COUNTRY OF YES AND PROGRESS Hon. E. David Burt: We have covered a lot of things. And so we absolutely have, Mr. Speaker. There has been some commentary today on this matter of a Special Development Order [SDO] and the Fairmont Southampton Hotel project. I am going to say this, Mr. Speaker. And it reminds me of a question that came to me when I was in London, asked by a mature student who said something that was a little bit pejorative actually. I almost had to bite my tongue, be-cause he said something about, Can you please get Colonel Burch to put his bulldozer away?
[Inaudible interjections] Hon. E. David Burt: Yes, you heard it correctly. That is what he s aid. He was about your age. Seriously. No lie. He was a mature student. [Inaudible interjections] Hon. E. David Burt: Hey, you are 60. Congratulations. I wish you a happy birthday. You didn’t tell everybody.
[Inaudible interjections] Hon. E. David Burt: That is what you tell yourself. And as I said, I had to bite my tongue for a little bit because I wanted to be respectful of the question. But also to make sure that I relayed the position of the Government. And the position of the Government is that we must make progress. There is something that I always say, Mr. Speaker. And it is difficult governing because let us imagine that a Government had to make 100 decisions. And let us imagine that 99 per cent of the population agreed with every decision that the Government made. After 100 decisions, everyone would have been mad at your once. That is democracy. No one is ever going to agree with everything that is done and [with] all the decisions that the Government, the Cabinet, individual Ministers hav e to make on a day -to-day basis, absolutely! That is just the nature of governance. But we have to be about progress. And one of the challenges of which we have is that we seem to enjoy being a culture of no and then look at what other people have who dec ide to say yes, and then wonder and complain about what other people have or other countries have when they said yes, and say, Why don’t we have that? when we always want to say no. That is our challenge. But here is the thing, Mr. Speaker. That is not the challenge with this Government, because we are determined to make progress on a number of issues. Just as we had a debate earlier today when talking about a digital asset industry, just like we had a debate earlier when we were talking about making progress on the economy and other things, and just as we are having discussions, they are making progress on tours and other matters. These things are not easy. But it is important that Members opposite remember that the Special Development Order process is set out in law by this Legislature in laws that we have passed. And to say
B ermuda House of Assembly that it is not a transparent process is an absolute nonsense. We have a daily running commentary of all the submissions that get submitted, that get sent back, the letters which are sent in between, back and forth. All of it, Mr. Speaker, free for people to go and see on the website. That is the reason why we are seeing all this stuff. And the Minister, as other Members have said, is doing what he needs to do. He is not going to speak publicly. He is going to let the process follow what the process is set out under law because that is what we set up. People said that there was not enough time to comment. The Minister doubles the time. This is about doing what is right for the future. But listen to what the Honourable Minister of Social Development and Seniors said. We all know that there is a critical need in housing. The Minister of Public Works opened new and affordable housing the other day. We see housing construction happening, new buildings and all the rest. Mr. Speaker, let me just give you a statistic . . . No, I am going to save that for next time I come. So I am not going to . . . I am not going to give that out. Here is what I will say. The Minister of Economy and Labour spoke earlier. Our economy is moving in the right direc-tion, Mr. Speaker. It is moving in the right direction. We are continuing to do what we can to tackle and reduce inflation as we understand the difficulties of which these matters pose. But our economy is moving in the right direction. More and more persons, whether young, whether old are getting jobs and getting back to work, Mr. Speaker. Our economy continues to grow. And we must continue to press ahead. But Mr. Speaker, you cannot have a growing economy if you do not have con-tinuous development for people and places to live, to operate and all the rest. And the fact is, Mr. Speaker, that we have an acute housing crisis right now and there are developments that are still on the table that have not even started yet. So our future is bright; but it is incumbent upon us to move from being a country of no to a country of yes and progress. CARNAG E ON BERMUDA’S ROADS Hon. E. David Burt: Now, Mr. Speaker, earlier in today’s session I spoke during congrats and obits about the untimely and tragic death of Mr. Marco Warren. And I said that Honourable Members may return back to that topic during motion to adjourn. Mr. Speaker, all of us, some more closely than others, especially in this House, have been touched and affected by road traffic deaths. And it is unquestionably that one death on our roads is too many. But Mr. Speaker, there are far too many. And as other Members have said, it is not just the deaths, it is the disabilities; the severe disabilities. And I know that my family is personally impacted by that, Mr. Speaker, and have had to live through the difficulties of what has occurred. A member of my family was in a coma for a very long time. And you know, he has been affected. His mental functioning has been affected severely from it. So those are the things that affect us all, Mr. Speaker. And we also recognise, Mr. Speaker, that there is a culture in Bermuda of drinking and driving. But here is the other thing, Mr. Speaker, and this is what is so painful about this particular situation. We must also ac-cept that people are challenged to do what is right when it is time to do what is right. And that, Mr. Speaker, is what is so hard in this case, because the t ruth is . . . and here is the thing, Mr. Speaker. I am the leader of the Government. Persons have heard me say it in pri-vate quarters, in Cabinet, and I will say it here. We have not made the progress which is necessary that we need to make on transport issues in this country. End of story. And it is a fact that it is really hard to get from place to place safely if you are not fit to drive. It is a problem, Mr. Speaker. It is a problem that we have not managed to address. But let me be clear, Mr. Speaker. Just as the Minister of National Security said, and the Minister of Transport (who is not here), we will fix it because we cannot be in a space where people who may want to make the right decision cannot get home if they want to. There is no one who needs to know, Mr. Speaker, that if you try and call a taxi at two o’clock tonight you are not going to get one. You are not! These are the facts. And what I have told the Minister of Transport is very simple. If the taxis won’t pick them up, then we need to make it available for others to do so. We have to, because we cannot continue to go through this cycle. It is not okay. And so when we speak about acting, the Government must act and the Government will act. And I know that the Minister of Transport will close this. Also, I am grateful for the Honourable Minister who just took his seat who spoke about CCTV so I don’t have to speak about that, except to remind the Members of the Opposition and the public that we do have a procurement process. We are no longer in a national emergency. Those are not things that get to be by-passed. And so we don’t get to snap our fingers and make it happen. But the Minister has assured me; I asked him for an update earlier this week. He provided an update to this House. And he said he is intending on the contract being done. As soon as somebody is (probably the next time he comes to the House) he might be able to make an announcement on the progress there. And yes, after we get our new system we will have speed cameras, because we can use technology to fix some of the issues which has worked very well in other places, Mr. Speaker. And we will do that because the cost of road deaths emotionally, but also the cost of serious road collisions financially, insurance- wise, for all of our insurance costs, is significant. 1428 19 May 2023 Official Hansard Report Bermuda House of Assembly Let me go to the last point that I wish to make before I close, Mr. Speaker. We are speaking about a tragedy. Here we are, five days later. Somebody knows what has happened. Somebody knew they ran over someone in the road.
The SpeakerThe SpeakerMm-hmm. Hon. E. David Burt: Somebody knows. And the silence is disturbing. And the challenge is, Mr. Speaker, is that . . . and this is just to be honest, because it is something that always bothered and burned me up, especially during the time of gang violence and different …
Mm-hmm. Hon. E. David Burt: Somebody knows. And the silence is disturbing. And the challenge is, Mr. Speaker, is that . . . and this is just to be honest, because it is something that always bothered and burned me up, especially during the time of gang violence and different things, and all the rest, challenges that we face. We have a culture of trying to get past. Just like the Honourable Member from constituency 10 said, when there is a roadblock we send out the notes to tell the roadblock is happening. We let people know. Oh, there is a speed trap there; there are police here, and all the rest. You know, when something happens someone will say, Well, I am not going to snitch. And the same per-sons who are affected by that attitude and behaviour say, Okay. Now is the time to snitch. We need to choose which side we are on, Mr. Speaker.
The SpeakerThe SpeakerMm-hmm. Hon. E. David Burt: We need to choose the side of law and order. Let me be clear, Mr. Speaker. I do not believe that our Bermuda Police Service is perfect. I do not. And you would have heard me speak on many occasions about that, Mr. Speaker, in …
Mm-hmm. Hon. E. David Burt: We need to choose the side of law and order. Let me be clear, Mr. Speaker. I do not believe that our Bermuda Police Service is perfect. I do not. And you would have heard me speak on many occasions about that, Mr. Speaker, in public and private. But the fact is, Mr. Speaker, that they are the authorities. They are the ones who are empowered to investigate. They are the ones who can bring closure to this particular matter to get justice for the families, to get justice for the friends, to hold persons to account. And just think about this. It could be your family member. And you would want persons to speak up as well. So I urge and remind persons that they can contribute anonymously and they can call the confidential crime stoppers hotline at 800-8477. There are people in this country who are hurting, who want closure to an unimaginable tragedy for an unquestionably beautiful soul, Mr. Speaker—a beautiful soul who has a child that is not even one, who will never celebrate a birthday with his father.
The SpeakerThe SpeakerMm-hmm. Hon. E. David Burt: That, Mr. Speaker, is what we must remember in this country. And we have to ensure that we hold each other to account. Just like we hold the Government to account, hold each other to ac-count to ensure that we do not descend into a …
Mm-hmm. Hon. E. David Burt: That, Mr. Speaker, is what we must remember in this country. And we have to ensure that we hold each other to account. Just like we hold the Government to account, hold each other to ac-count to ensure that we do not descend into a place where persons can kill persons, lame persons— not intentionally in this case—and not be held to account.Mr. Speaker, I will close here. We will not be in this Chamber next Friday. And next Friday at the behest of the Minister who took his seat, the Honourable Minister Mich ael Weeks, the Minister of National Security, next Friday will be Bermuda Day. It will be a day of celebration. It will be a day to celebrate our heritage and our culture. I know that the Minister of Youth, Culture and Sport and his team at the Department of Culture are hard at work to ensure that the Bermuda Day celebrations are successful. And what I wanted to do, Mr. Speaker, is just to make sure before I have to de-part to wish all persons a safe and happy holiday. Best wishes to our athletes, both junior and senior who will cycle and run. Best wishes to our pa-rade participants, the organisers, the persons who will need to work, and I wish best wishes to all of us, Mr. Speaker. We have been dealing with a lot of tragedy. And as the events happen, I ask persons not only to be mindful themselves, but to to remind their friends and family to be mindful themselves. Let’s do a better job of making sure that we can keep each other safe so that we can get through a holiday without tragedy. Thank you, Mr. Speaker. Th e Speaker: Thank you, Mr. Premier. MP Simmons, I think you would like your 20 minutes now. Mr . Scott Simmons: Thank you, Mr. Speaker. I would, thank you. Th e Speaker: Let me reset the clock and you have your 20 minutes. Mr . Scott Simmons: Mr. Speaker, I rise in this Honourable House following the Premier, and before I get to the meat of what I wanted to speak on this evening, I would like to join the Premier in his pr oviding both good wishes on Bermuda Day (which is going to be on Friday coming). And also, Mr. Speaker, I wanted to offer my condolences and join the Premier and this whole entire House in making sure that we covered [condo-lences to] the mother and father of the deceased. He certainly was a school member, part of the school that I as well as other Members in this Honourable House attended. So I just wanted to send out certainly my best wishes to them. That our hearts go out to them of this whole Honourable House. And I want them to feel that they are loved and appreciated by each and every one of us. GOVERNMENT NEEDS TO PAUSE AND LISTEN TO THE ELECTORATE Mr . Scott Simmons: Mr. Speaker, this afternoon in this House has been quite energetic. And it has been filled with Members of this Honourable House stating their
B ermuda House of Assembly opinions and stressing the fact that they appreciate being given an opportunity in this House to (how shall we say?) express how they feel. Mr. Speaker, democracy states that we have, when the opportunity presents for us, to be able to feel comfortable enough to be in our different environments and speak to the issues of our constituencies in a way that represents what they represent. We leave our-selves, we set ourselves aside and we speak for o ur constituents. Mr. Speaker, that is the refresh of being a Member of Parliament; representing the people, repre-senting their interests. Tonight, Mr. Speaker, I just wanted to touch on what Minister Furbert touched on as it related to trust, what former Minister Caines, a Member of this Honour-able House, spoke on and started the ball rolling. And simultaneously, Ministers have continued on this even-ing that we have an opportunity to connect and reconnect with our constituencies starting today. It is not uncommon for Governments to take comfort in the decisions that they make. These decisions are made after consultation and also made as a result of meeting together and deciding the way forward. I am happy to say, Mr. Speaker, that the former Whip told me one time that it would be the toughest job. The current Whip would say that this is the toughest job. And I would join them in saying that [it is a tough job] keeping this group, this political group in caucus together. The good part that I have to say, Mr. Speaker, is that in the face of criticism there has not been suffi-cient information given in that we need to know more, we need to be included in more. It would appear, Mr. Speaker, over time that this part of it, as it relates to our relationships, is beginning to take shape. It is not there yet. But with such a large backbench, it is taking shape. Mr. Speaker, what I saw today in this Honourable House speaks to the fact that we are beginning to mature in understanding, that because someone disa-grees does not necessarily mean that they are against you. We have learned over time in our caucus system and having been some (and others in this room) [of those] who have been [members of our] party for dec-ades, we have found that you have to develop some tough skin. You have to be able to absorb a lot of criticism from every side. And we have to pick the bones out of it and give everybody an opportunity to have their say and to be able to express themselves in this what we call a democracy and in our political and parliamen-tary and in our democracy system. Mr. Speaker, the responsibility of this Government, this Progressive Labour Party Government is for us to recognise what our people say, listen to them and to make the adjustments accordingly. It means listen ing and it will mean, Mr. Speaker, that we are going to have to develop some trust. We are going to have to regain some trust. The people of this country are redemptive. I have lived here a long time, all my life. And I have grown to appreciate service, but I have also grown to appreciate that there are those in our community who really absolutely must have our responsible assistance, our responsible governance. What I heard tonight was refreshing in that individuals who normally would not speak so candidl y, have gotten up and said we need to listen more, that we need to connect more. And I do believe that my honourable colleagues in this House realise the seriousness of how our electorate feels. We will feel it eventu-ally. We have to listen. We have to understand them. And we must —we must —act. If a position is taken that we feel, or that the country feels, or that an electorate feels in numbers is not the decision to make, [then] we need to consider other options. Then I am encouraging individuals in our decision -making processes not to be too big that we cannot revisit, that we cannot pivot and that we cannot consider making adjustments to the decisions that we are making. And there is nothing wrong with second guessing those decisions that we have made. N othing wrong with it. I am encouraged every single day when I sit in this House, when I listen to my Government, and my Government tells me that we are consulting with the industry. We have learned that you got to take it to them. We are not the best at it; but we have learned that this is the course to take. We realise that there are many things that happen during negotiations. There are hon-est brokers and there are not -so-honest brokers. We have to pick the bones out of it. Err on the side of caution and move forward in a way that our electorate, the people in this country, feel we should govern. Mr. Speaker, we are in a precarious position ras it relates to voting, and as it relates to putting people in power and putting people into positions, that this comes around and election time comes around. This Government has a unique opportunity to develop a relationship or redevelop that relationship with individuals who have been pretty vocal. Everybody in this House has gone into the grocery stores. Everybody in this House has sat and listened in the houses, has canvassed, all of us have been in houses of late because all of us want to hear what our voters have to say. And we have heard the discontent. We have made the case. We have explained our way through and still there is a constant drumbeat, a constant drumbeat that some of the decisions that we are making need to be revisited. I remain confident in this Government, in my Government, that we will listen and that we will act in the best interest of Bermudi ans. Because I am making it clear —not for that reason, but I am making it clear — that there will be consequences. Our electorate are not entirely wrong. What they have asked us to reconsider is reasonable. When communities that absolutely support us are struggling to understand us, our policies and the things that we are doing, then we must do a better job of explaining it. I speak to Ministers often. I leave satisfied that what I got was good. It made sense. I got it. We have got to do a better job of reac hing everyone, at every 1430 19 May 2023 Official Hansard Report
Bermuda House of Assembly academic level, of every level and getting them to understand that which we want to do. We have exercised as a Government a very ambitious, very ambitious — very ambitious —strategy and plan for our country. We have launched a lot of big initiatives all at the same time. It is bold! It is progressive. The question is that we have a responsibility to make sure that our electorate come along with us. That means we have to spend a bit more time explaining it. A lot more time explaining it. But at the end of the day, we have to pause for a mi-nute. And if we look behind and the distance that they were following us on is a little wider, then we need to pause, stop, take a break, and let them catch us up. I do believe that what we are looking at and what we are trying to achieve is progressive and moving in the right direction. However, if there are individuals in our constituencies who in numbers have made it clear that they are not happy, have made it clear that we need to revisit these subjects . . . and Honourable Members, in this very Honourable House, do not need me to start naming what those issues are. It is all quite clear. We know what they are. We have to pause. We have to take a slight break and we have to look at what we are doing as a Government. I have every confidence in this room and in the room on Front Street that we realise the significance of what is happening in our country and that we will pivot, and that we will say, Okay. Now this Government has a responsibility to be bo ld and to be strong and to do and say and be the things that our people have asked us to be. And that means sometimes making the difficult decisions and taking them and going with them. There was a housing crisis. The Bermuda Housing Corporation, Works and Engineering they have jumped in there and they said, This is what we need to address. One significant issue that has been addressed —fine. There was a recognition that other things had to be dealt with. These outstanding issues that have captured the imagination of our electorate, we must recapture their focus on understanding that big governments make big decisions and those decisions are for their benefit. But they must see the value of it. If they cannot see the value of it, then we shouldn’t be doing i t. If they are struggling with what we are doing, we have got to be careful. Mr. Speaker, I have every confidence as we move forward as a country. I am not interested in our majority in this House. It is clear that we can pass whatever we like. We have not gone out of our way as a Government to run [roughshod] over this Parliament. I confess that from time to time it is difficult to listen to those who oppose because you feel that what you are doing and what you are moving as a Government [is right], [so] it is difficult to listen to it. But we must. Every single Member of this House represents 1,200, 1,300, 1,400, 1,500 constituents in this country. So, we must listen, and listen to the Opposition. I take that back. Listen to our Honourable Members in this House who are not the Government, because I do not believe that we just oppose for the sake of opposing. I realise there are those of my colleagues and we gloss over and we say, You byes are just a combined Opposition, and you are moving forward. I appreciate that. It certainly feels that way, as they often say, when you are feeling the sharp end of the sword. Mr. Speaker, we must advance Bermuda today. It will require everybody in this House. It will require everybody pulling, but we also— and I will fin ish with this, Mr. Speaker, we have to pause and recognise when people, our fellow Bermudians are asking for something to be reconsidered. It is my hope that this Government, my Government, will look at the issues that are causing consternation in our community from the East End, the Central and the West End, that we reconsider where we are going with this and that we understand that while we are . . . and I say this with the greatest respect [to] all of my fellow Bermudians. We are 60,000. These decisions that we need to make are big decisions to us. As we often say, a leaf in a very large pond. We feel we can pause. We can have a long hard look at it, and we can consider the benefit and we can also consider the reverse and what can happen to us as a Govern ment. We want to bring progress. We want to bring opportunity. We want to make sure that every single Bermudian is looked out for. And the more we focus in on what they want us to do, I believe the better off we will be. I will continue to encourage my colleagues in this House, certainly my colleagues that sit in the ministerial positions. They have a tough job to do. It is not easy, not easy. They have been bold. We have been bold in this House. We have to continue progressing for the people of Bermuda. But ther e comes a time when we have to just pause for a minute and have a long hard look at what we are doing. The people of this country are valuable. They have an innate ability of stopping us everywhere and telling us. We have to move with them and the only way for this country to progress is to do just that. We have to be big. We have to be mature. And we have to be adults. Pause for a minute, have a hard look, give some consideration. Mr. Speaker, I will end on this in that I believe that every voter realises the challenges because they have had to deal with [it] themselves at home. They know how tough it is . . . they know what we need to do on a regular . . . they feel and understand where we are as a Government. There are some who are with us and there are some who are not. Our ability to survive depends on the number who are with us, who understand us and who support us, is higher than the number that do not. We have to revisit the things that we are doing that our constituencies disagree with. And make t he bold decisions, negotiate our way through but to re- establish the trust. The trust that the people put in us to do what they ask and to connect with them and to be
Bermuda House of Assembly conscientious enough to explain when we feel that what we are doing will benefit them. And then make the decision based on that relationship. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Simmons. Does any other Member wish to make a contribution?
The SpeakerThe SpeakerMP Lister, you have your 20 minutes on the clock. CARNAGE ON BERMUDA’S ROADS
Mr. Dennis Lister IIIGood evening to the listening audience and to my fellow colleagues. Mr. Speaker, I would first like to start off by also adding my condolences to the family of Marco Warren. Mr. Speaker, nothing I can say, nothing any Members here can say, nothing anyone can say can console or …
Good evening to the listening audience and to my fellow colleagues. Mr. Speaker, I would first like to start off by also adding my condolences to the family of Marco Warren. Mr. Speaker, nothing I can say, nothing any Members here can say, nothing anyone can say can console or bring ease to that family in their loss. But what I will say, Mr. Speaker, is that if justice can be served, that can be one step in easing their pain. So, I reiterate the calls made today and throughout this week for the person or even persons involved to come forward and do the right thing. If you know something, say something. And it is asked, Mr. Speaker, what if that was your family member? How would you feel? But I want to put a twist on that, Mr. Speaker. What if that driver would have hit their family member and left them in the road and drove off? And then only to wake up in the morning and find out that this was their family member that they left lying on the road. What would they then want to do? So, whether it is their family member, whether it is my family member, or anyone’s family member, do the right thing and come forward. Now, Mr. Speaker, enough is enough. We have to send a message. No more. We have to take back our roads. It is a three -pronged effort. The Road Safety Council with awareness and education, the BPS [Bermuda Police Service] with enforcement. And we heard the Minister of National Security speak earlier that they are close to bringing in CCTV cameras to assist the BPS in enforcing our rules on the roads. They do their job now, but they can always use extra assistance to help them do their jobs more effectively. And then the punishment side, Mr. Speaker. The courts. The Road Saf ety Council asks that penalties or punishments equal the offence that is [committed]. Those who read the Royal Gazette have seen and heard of cases where persons commit an offence, a tragic offence, a serious offence, but then they receive a slap on the wr ist. Or they get a penalty or a fine that does not equal or match up to the offence that was done. Now, Mr. Speaker, while there is a threepronged effort, we must not also forget the road users in our community. We heard the National Security Minister s ay it earlier. We cannot police ourselves out of this problem. It takes the community. Accountability and responsibility. If you are accountable and hold yourself to account, this will reduce the hazards, the dangers, the recklessness on our roads. So I wi ll go back and say it is a four -pronged effort, Mr. Speaker. The Road Safety Council, the BPS, our courts and the community. We all have to do our part. Now, Mr. Speaker, [let us consider] the Road Safety Council. Under my term as the Chairman, we have br ought some initiatives. You have seen introductions of roadside sobriety checkpoints. The Road Safety Council has implemented or brought transportation plans to encourage event organisers, if [they] are going to put on an event, to incorporate a transportation plan into that event on how to get your event -goers home safely. We have also brought about the designated driver programme. While it is something that we highlight at certain times of the year (Christmas, holiday periods), it is something that we enc ourage all year round. And I say it too often in this House, Mr. Speaker, that if a person plans to go out and consume alcohol, plan how to get home safely —minibus, taxi. We heard about the taxis, if you cannot get a taxi, everyone knows someone who at any hour of the night or early morning, you can call that person. They would rather have that call to come pick you up because you are too drunk to drive or ride, than have to get a call from the Emergency Services to attend the hospital. So, Mr. Speaker, t he Road Safety Council supports the comments made earlier by the Minister of National Security. And we will work along with him, the Minister of Transport, and even the Attorney General’s Chambers to help bring change. We have to take our roads back. Now, Mr. Speaker, we can always do more. And as I said, we will work. And under our remit of the Road Safety Council we will do all that we can working with those ministries that I mentioned to help bring change. I want to take a few minutes, Mr. Speaker, just to recount a story that was told to me earlier this week by a member of the Road Safety Council. The member went to TCD [ Transport Control Department ] on Tuesday to take his taxi licence [test]. And he was given a booklet, maybe 20 pages. (You read it and then you can take your test.) He took the time, maybe a half an hour to read through those pages. Not just to read what was in the book but to unders tand what was in the book before he took his test. He went on to take the test and in the testing area there were some other people taking the test. And he said, one of the people near to him reached over [and asked], Hey, what’s the answer to this question? And he was taken aback. He was shocked. But I guess being nice, he helped her. But then he got asked again, two and three more times. So, he said, Hold on. I can’t help you. You have to read that booklet 1432 19 May 2023 Official Hansard Report
Bermuda House of Assembly for yourself to understand what is in the booklet to answer those questions. So, fast forward, Mr. Speaker, the member did his test. And then he went to the test overseer and asked the person . . . You know, p eople come in. They take the test. And what he got from it, the person did not understand what was in the booklet, because the person did not take the time to read the booklet. They came in, sat down, took the test, and the person admitted to him, I know I failed. It doesn’t matter. I will be back again. So [the question] the Council member asked the overseer was, How often does this happen? And what the overseer actually said is, It is a very common thing. People come in to take the written part of the test. They fail but know that they can come back. They memorise the questions they get right or wrong, to know next time to put the other answer. So what we are seeing is that people are not actually reading to understand the rules of the road, the legislation of the road. They are just going to take a test to get a licence to drive. So, Mr. Speaker, this is where I say the roads reflect our society, because people are not taking the time to even understand what is in the booklet, not just for the safety of others, but their own safety, trying to understand how to properly drive. To understand road signs. And I go back to the story because what the member told me that blew my mind wa s the person, the first question that the person asked him, the question was a picture of a sign of a U -Turn. The person actually asked him, What is this sign? It blew my mind. So, Mr. Speaker, if we are not taking the time to read and understand somethi ng as simple as a 20page book with . . . yes, some paragraphs in it, but pictures. If you cannot even understand the pictures, when you get your licence how do we even expect for you to act or drive on our roads? So that is the reflection that we are seei ng with people not taking the time to actually understand what is in the booklet, the TCD traffic booklet for the test to actually understand the questions. So, Mr. Speaker, that is why the Road Safety Council chose for our theme for Road Safety Week: Changing Minds, Changing Behaviours, because we have to change that mind- set. If the mind -set is I am going to take the test. If I fail, I will memorise the ones that I got wrong so I can note to put a different answer the next time. If that is the mind -set, that is why we are seeing, as the Minister said, the carnage on our roads. So we have to go back to basics, and I dare go even further to say, Mr. Speaker, that what that Member told me is that what he gathered and garnered from that short, brief interact ion with that person was that this person was not reading, or was not able to read at an acceptable level. So Mr. Speaker, that even goes to further [to say] that a person, and I am not sure of the age of the person, but a person can get to an adult age an d not have basic understanding of reading and writing. That is a wider bigger problem than just on our roads, Mr. Speaker. But we see that play out on our roads. So, again, Mr. Speaker, we have to get down and it is about, as I said, enough is enough. We have to come down harder on traffic offenders. Making the penalties fit the offence, and it is not only just because that person created the offence, it is to deter others from doing it. Or even to deter that person from doing that offence again. And that goes back to changing behaviours. Hard penalties for hard crimes. Mr. Speaker, I am not going to be long. As was mentioned by the Premier, next week Friday we will not be in this House, but it is Bermuda Day. A time for all Bermudians to come together, t o celebrate, to remember, to have fun, but for us all as a community to do our part. It is Heritage Day. Bermuda’s heritage is about community. Family looking out for each other. And we have to get back to that, Mr. Speaker. We are a family. These are dif ferent times, but I have heard stories from older generations how if you got in trouble, before you got home your mother knew. The whole community knew. And that is what kept people on track. We have to get back to that, Mr. Speaker, as a community looking out for everyone. Looking out for the most vulnerable; those who can’t protect themselves. We need to just get back to the basics of . . . and Mr. Speaker, it is funny. I was at a seminar earlier today and the speaker mentioned the golden rule. Treat others as you would have them do unto you. When we are on our roads, drive how you would want others to drive [when] interacting with you. When you are doing anything in our communities treat it . . . when interacting with other people, treat them as how you w ould want to be treated. So I will take my seat on that, Mr. Speaker. And again to all, not just this weekend, next weekend for the holiday, and as we enter into the month of June, Mr. Speaker, we have Heroes Weekend. We have the carnivals. And then it is right along to Cup Match, these are holiday festive, joyous times. As I said, people . . . I am under no illusion to say “if” people consume alcohol—I say “when” people consume alcohol —choose how you will get home safely. We want you to enjoy the holiday. Have fun. But be responsible when you do it. And as I said, plan how you will get home safely. Thank you, Mr. Speaker. And to the listening audience, be safe. Drive with care and caution. Don’t drink and drive. And slow down your speed. Thank you, Mr. S peaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? MP Famous, you have your 20 minutes. PASSING OF JAMES BROWN, US ATHLETE AND CIVIL RIGHTS ADVOCATE Bermuda House of Assembly Mr. Christopher Famous: Good evening, Mr. Speaker, and the listening audience and fellow colleagues. Mr. Speaker, I …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? MP Famous, you have your 20 minutes.
PASSING OF JAMES BROWN, US ATHLETE AND CIVIL RIGHTS ADVOCATE
Bermuda House of Assembly Mr. Christopher Famous: Good evening, Mr. Speaker, and the listening audience and fellow colleagues. Mr. Speaker, I was told that being as we stayed late we were going to get supper.
[Laughter and c rosstalk]
Mr. Christopher FamousMr. Speaker, I want to start off to give condolences to . . . especially the older ones here would know the American football player, Jim Brown.
Mr. Christopher FamousNot only was he a great football player, but more importantly he was a civil rights activist.
Mr. Christopher FamousMr. Speaker, I just want to . . . because often now . . . a lot of athletes nowadays are doing things for the likes or are definitely doing it fo r the money. But you don’t see many of them go in hard for civil rights. And Jim …
Mr. Speaker, I just want to . . . because often now . . . a lot of athletes nowadays are doing things for the likes or are definitely doing it fo r the money. But you don’t see many of them go in hard for civil rights. And Jim Brown, I forgot, he was also an actor. But more importantly, he devoted his life to civil rights. During the 1992 riots in LA, he went out on the front line and brought the Bl oods and the Crips together and said, Listen. Stop it. And they had a summit. It worked somewhat. But the point I am getting at is that often when we are in these positions of influence, whether you are athlete or whatever you may be, we don’t use that to advocate for things. We just use that to prop ourselves up. So I think the whole House, the whole world, really, should be grateful for the work of Mr. Jim Brown.
UK PARLIAMENT’S DEBATE ON THE OVERSEAS TERRITORIES
Mr. Christopher FamousMr. Speaker, over the last couple of weeks we have heard a lot of people complaining about trees, SDOs, trees up at Fairmont, trees along South Shore. Okay. People have a right to be environmentalist. As we said earlier, people have a right to give their opinions. But today I …
Mr. Speaker, over the last couple of weeks we have heard a lot of people complaining about trees, SDOs, trees up at Fairmont, trees along South Shore. Okay. People have a right to be environmentalist. As we said earlier, people have a right to give their opinions. But today I was reading in the newspaper, the one that nobody buys, that our Deputy Premier, in a passionate way had to speak about mangroves being cut down. Mr. Speaker, for those who don’t know, mangroves are an important part of our ecosystem. If you had to compare trees they are actually more important than a Casuarina tree. So I asked myself, all those people who were complaining about trees up at Fairmont, trees along . . . by the Bermudiana, where were the complaints about the mangroves getting cut down? Why no protests about that? Why no protests about a private club that cut down mangroves? Not the Government —a private club. Mr. Speaker, that is where we talk about the word hypocrisy. Mr. Speaker, we are all here talking about issues tha t are important to us as a country. And what we also have to remember is that while we are talking about these issues, whether it be drunk driving, whether it be the rights of people to protest, us listening to our valuable voters, whether it be how we int eract with the OBA. That’s fine. But we all have to understand that there is a bigger threat. Mr. Speaker, last week sometime someone sent me a WhatsApp. And the WhatsApp said, Debate on the future of the OTs to be held in the House of Parliament in England. So I contacted a few folks in different OTs and said, Do you know anything about this? And they said, No, we don’t know anything about this. These are Parliamentarians, mind you. We don’t know anything about this. So how is it that the United Kingdom Parliament could have a debate on the Overseas Territories and they haven’t even talked to anybody in the Over-seas Territories?
An Hon. Member An Hon. MemberAre you surprised?
Mr. Christopher FamousNo, I’m not surprised but it speaks to a mind- set that they can discuss us, our future—the headline was The Future of the Overseas Territories —without talking to the people in the Overseas Territories. Mr. Speaker, we had no knowledge of it. We, collectively, in the Overseas Territories had …
No, I’m not surprised but it speaks to a mind- set that they can discuss us, our future—the headline was The Future of the Overseas Territories —without talking to the people in the Overseas Territories. Mr. Speaker, we had no knowledge of it. We, collectively, in the Overseas Territories had no knowledge about it. So, one by one, I listened to the two-hour debate. I listened to it and one by one they got and up and said, Oh, the Overseas Territories have the 1434 19 May 2023 Official Hansard Report Ber muda House of Assembly right to self -determination. They didn’t use the “I” word; they just kept saying “self -determination.” There was even one particular MP, Lloyd Russell -Moyle. (I may have pronounced that incorrectly.) He said it was wrong for Britain to intervene on the basis of international trea-ties when it came to Bermuda’s case about cannabis. (Where is Dennis at? Oh, he’s gone.) The point is, he said it was wrong for Britain to intervene without us be-ing involved. Okay? Then again, they kept on saying, We need to remember that the Overseas Territories have the right to self -determination. That must be like the talking point they gave each other. Everybody go out and say selfdetermination. One even got up and said, you know, Blah. Blah. Blah. And he talked about the Chagos Island and the UK should not let the US take over. Blah. Blah. Blah. Blah. Then, true to form, this is where the hypocrisy came in. There was an MP, actually, the MP who brought the motion, Alicia Kearns, Conservative, Tory. [She] said that the UK should legislate same- sex marriage in the Overseas Territories . Okay. Where is the hypocrisy? You ask, where is the hypocrisy? You cannot on one hand say that we have a right to self -determination and then on the other hand say that the UK should legislate something that we collectively as the Overseas Territories do not agree with. What is that? That is what you call cultural imperialism. Is that the right term, MP Scott Pearman? Cultural imperialism? (Guess he didn’t hear me.) [Inaudible interjections and laughter ] Mr . Christopher Famous: He is looking it up. The point I am saying, Mr. Speaker, is that from the get -go they are discussing our future without even talking to us. That is number one. Then they go out there and try to put on the niceties and say, Yes, we have the right to self -determination. But the underlying fact is that they still want to legislate, not only same- sex marriage, but they want to legislate that we have to beneficial . . . what is that called? You might know this, Scott, MP Scott Pearman? What’s that? Registers of beneficial ownership? They still want to force us to do that. [Inaudible interjections] Mr . Christopher Famous: Even after the European Court of Human Rights says that this is not even human rights. So, Mr. Speaker, I say to everybody. Yes, we all have our constitutional concerns, because these are the people who are voting for us. We have our national concerns. We have our environmental concerns. But let us not take our eye off the ball with what the UK Parlia-ment, irrespective of which party is in charge, is going to attempt to do to us. Because they still see us no more than just another colony. No matter what term they say, Overseas Territory or . . . what do they call it? British family. To them we are just a colony. We do not trust them. Thank you, Mr . Speaker.
The SpeakerThe SpeakerYou caught me that t ime, M P. I a m used to you going on a little longer. [Laughter]
The SpeakerThe SpeakerMP, thank you for your contribution. Deputy Premier, you have the floor. Hon. Walter H. Roban: Thank you.
The SpeakerThe SpeakerI was just getting comfortable that time. CARNAGE ON BERMUDA’S ROADS Hon. Walter H. Roban: Yes, the Honourable Member usually gives us a lot more substantive treatment in his submissions in the motion to adjourn. Mr. Speak er, it has been an interesting day. Perhaps one can sum up the …
I was just getting comfortable that time. CARNAGE ON BERMUDA’S ROADS Hon. Walter H. Roban: Yes, the Honourable Member usually gives us a lot more substantive treatment in his submissions in the motion to adjourn. Mr. Speak er, it has been an interesting day. Perhaps one can sum up the day in three key ways. The rec ognition of tragedy ; the sort of understanding that we must always remember who we are in heritage and culture; but also there is opportunity remaining for what we are here to do and the work we have to do for our country . The tragedy is clearly the reminder of the terrible inc ident of which many Members have pas sed their condolence on to the family of the young man who we are still waiting to have answers as to why and how it happened, as another symptom of some of the recklessness on our roads. I myself personally can attest to having had an experience on our roads whic h is symptomatic of what sometimes happen. I still personally hav e to deal with a road accident that had me in the hospital for two months as a young man. I am still having to live with the damage from that incident, a traffic incident on our roads. And the loss of life, it certainly does not compare to what I went through, but we have a long history on this Island of having challenges with safety on our roads. And there are people liv ing with life-l ong experiences, whether it is the loss of a family member or their own injuries or being impacted by and dealing with people with injuries, mental, physical and otherwise.
The SpeakerThe SpeakerMm-h mm. Hon. Walter H. Roban: And we are still challenged. And perhaps this is symptomatic of previous areas where we found a period where there were excessive tragedies on our roads . We have seen this before in Bermuda. It is no less painful for the country. And we …
Mm-h mm. Hon. Walter H. Roban: And we are still challenged. And perhaps this is symptomatic of previous areas where we found a period where there were excessive tragedies on our roads . We have seen this before in Bermuda. It is no less painful for the country. And we must find a way to deal with it. It is going to take the community, as in the past, with taking steps to deal with the authorities, with other interests in the community
Bermuda House of Assembly with families and others. That will be part of how we get ourselves out of this. As the Minister of National Security said, this is not and has never been a sit uation where we could enforce ourselves out of. It is going to take some other measures to challenge and bring an ease to this situation. And of course, next week will be Heritage Day, next Friday, and it is a time for us to remember who we are and what i t means to be Bermudian and celebrate what that is. And the optimism that pretty much brings to the summer period for all of us. So that is important that we remember that today, and that we all take time next week as people who work in this Legislature to do that with all the rest of community. And of course, there is the work that we do in this House —Bills that were passed today, which show that there is promise and opportunity for the country in some areas that we are looking to develop, that we certainly are seeing levels of success. But we must be vigilant. And [this is] why we come to the House to do these things because we have to be vigilant on how we manage, how we shape the country’s economic welfare. That is why we are here. So when we come and have to amend laws and that, that is all a part of what we must do to play our role in managing the economic welfare of the country with others. We do not do it alone. But it is certainly a principal job of this Legisla-ture to do that. So let us remember all that we have had to deal with here today. We certainly have had a rich motion to adjourn with a lot of passionate speeches about certain issues, some of which I am not going to discuss at all. But we know what they were. And we are a country on a journ ey, a constant journey of shaping what Bermuda is and how it will ultimately benefit the people who we are. And I say “we are” because all of us, whether we are on this side or that side, we are all the same people seeking to ensure that the ideas and issues that are important to our people of this country are dealt with in the proper manner. So, I conclude my comments by wishing everyone in the Legislature and in our community a peaceful and safe period going forward, being mindful of some of the challenges we face, some of the pain that people are suffering out there. But do not see this as being all that who we are. There is great opportunity even as we challenge ourselves to be better. And with that, Mr. Speaker, everyone, have a blessed weekend and a happy Bermuda Day next week before we return to the House in June. Thank you, Mr. Speaker.
CARNAGE ON BERMUDA’S ROADS
The SpeakerThe SpeakerThank you, Deputy. Thank you, Members, who kept it brief in the end. As has been said, next week will be a major holiday for us. And I would just like to add my comments that it be a safe holiday for each and every one of us. We were …
Thank you, Deputy. Thank you, Members, who kept it brief in the end. As has been said, next week will be a major holiday for us. And I would just like to add my comments that it be a safe holiday for each and every one of us. We were devastated by the shocking news of the loss of the young man who in his short time on earth has had a major impact. And it has been felt by the comments and the expressions that have been shared of his life and expressions of condolences to his family. Let that just resonate with all who are li stening to us today in that we do not wake up again and have to experience more tragedy on our roads whether it just be from a straight -out accident, the loss of life, every life has an impact —every life. And we need to . . . it is up to us all to be accou ntable. How we conduct ourselves up and down on our highways so that some other family will not have to share in that type of loss. So let us all who are in the sound of our voices today practice that safety. The uses of our roads. Be more accountable and be sincere in trying to address the issue of practicing better road usage because it has gotten terribly out of hand. We can accept that. But it is up to us to correct it. Not “us” in this room singularly, but us who are listening to this up and down the country, because each and every one of us share on our roads. Be safe and enjoy the holiday. The House now stands adjourned.
[Gavel]
[At 7:51 pm, the House stood adjourned until 10:00 am, Friday, 2 June 2023.]
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