February 27, 2023

Yes, third question, Mr. Speak er.
You spoke of food security and the integrated
agricultural strategy. If, perish the thought, we face some other catastrophic event or pandemic which
prevents the importation of food or the diminishment
in the importation of food, does the Minister have a view of how long Bermuda can last without arrivals?
Are we in weeks, are we in months? What would the
situation be there?

Minister.
Hon. Walter H. Roban: Mr. Speaker, I am not trying
to be evasive on this, but that i s likely to never ha ppen. And I say that because during the pandemic
time, one thing this Government did was build a very strong relationship with our importers and our grocers
and others. And quite detailed plans were discussed
and were discussed over a l ot of time about what we
would do if the big pandemic got worse and if certain
ports became inaccessible. As we know, no one knew
where it was going to go. There are very detailed
strategies that would ensure that Bermuda would not have that situation aris e.
And I can assure Members of this House, and
the public, that the Government and our private sector in this space have very detailed strategies. We continue to meet under the auspices of the Ministry of
National Security to discuss these issues and ther e
are . . . with our shippers, with our wholesalers, with
our grocers, with all suppliers and there are conti ngencies for every possibility that could be imagined so that Bermuda would not find ourselves in that situ ation.
So, I don’t believe I am being overly confident
here. I am certain, Mr. Speaker, that this would not
happen because [there are] plans that have been exhaustively put together in cooperation with a number
of entities in Bermuda to ensure that would not happen.

First supplementary. Thank you.
Still on food security and integrated agricultural strat-egy.
You spoke, Minister, of night farming. And
thank you for your encouragement to the general public. My ques tion on that is, What are the police doing
in relation to your policy? Has there been liaison?
The reason I ask is that I was informed, and I
cannot vouch for the accuracy of what I was informed,
that a member of the public reported night farming to
the police and the police did not do anything. Is there
a liaison going on between your Ministry and the police as to what their policy should be?

Minister.

Hon. Walter H. Roban: I was just referencing an init iative that we are going to actually bring about. I cannot speak to any penalty or fines. This is merely a
scheme to ensure that every member of the public
can properly identify a farmer who is allowed to sell by the roadside, that they are actually a commercial
farmer. It is no different from what we do with our fis hermen. And they participated annually or regularly
with getting their identification cards so that they can
be properly identified. So, it will be just a reflection of
the same system as I stated in my Statement as what we do with our commercial fishermen.

Put your supplementary on that.

SUPPLEMENTARY

Hon. Michael H. Dunkley: Thank you, Mr. Speaker.
Let me declare my interest. I am a part of a
food importing business, but I fully support the Stat ement by the Minister today [regarding] the initiative by
the Government. In regard to the in- field camera
moni toring system, can the Honourable Minister
please provide some background of the b udget for the
system and if the onus is shared between the farmer and the Government as well, on the payment of it?

Minister.

Hon. Walter H. Roban: Any budgetary matters on this
I will happily answer during the Budget, Mr. Speaker.
But this expenditure would have been on our previous year, not in the upcoming year. And future expend iture I will happily give more detail during the Budget. But it is an initiative that we decided we would do to
help our farmers. We are bringing in the cameras.
They will be provided to the farmers at cost, with no
profit for the Government. We have already begun to
experiment with the cameras to see if they are effec-tive so that we can ensure that we have the right
cameras. So we are working with the farmers on this.
They will be provided the cameras at cost if they wish
to acquire them.

My question is: The use of
the cameras, will those just be for the farmers who are
leasing government arable land and growing crops on
land that is government’s or will those cameras be made available at cost for the [farmers] of the privately
owned land?
462 27 February 2023 Official Hansard Report

Bermuda House of Assembly The Speaker: Minister.

Hon. Walter H. Roban: The answer is yes. Any
commercial farmer, irrespective of where they are
farming, will have access to those cameras.

Yes, sorry, Mr. Speaker, just
a quick one. The actual monitoring of the cameras,
will that be something that the farmers will be respo nsible for monitoring the footage or will that be som ething that the police will be involved with?

Hon. Walter H. Roban: The cameras wil l be monitored by the farmers. I think everybody knows how
these remote cameras work. The person who operates it can go and check in on a regular basis. But as I
said, we understand the police are actively working
with us on this initiative to ensure that this sort of activity is dealt with, [and] so the police know what we
are doing and we are working with them at every step, as well as with our farmers.

Okay.
Opposition Leader, you have a supplementary?

SUPPLEMENTARY
Hon. N. H. Cole Simo ns: Yes, does this programme
provide the same privilege to the protections of private
farmers, [or backyard farmers], and not commercial
farmers? Because private farmers may also have the
same challenge. They may have a large garden in
their backyard. [These backyard farmers] may not sell
[their produce], but the thieves or the night farmers
come along and do what they do, [stealing the] citrus
or otherwise. So, will they have the same protection?

Minister.

Hon. Walter H. Roban: This programm e is for co mmercial farmers. I think everybody knows those cameras are quite affordable for anyone. Anybody can acquire them so it is no special need that anybody
needs to go through to acquire one of these cameras.
In fact, one of the examples that I saw prior to our
purchase was, there was a local farmer who purchased their own camera. And they operated on their
own. But this [programme] is for commercial farmers. Those who are plying the trade, those who are experiencing the worst of this actual circumst ance of night
farming, it is to help them.

No further supplementaries on that
one? Okay. Minister, the next Member who has a
question for you is MP Dunkley.

QUESTION 1: INTRODUCING THE INTEGRATED
AGRICULTURE STRATEGY

Hon. Michael H. Dunkle y: Thank you, Mr. Speaker.
To the Honourable Minister, as previously
said, [I give] full support to this programme. But to the
Honourable Minister, in light of some of the current
challenges we certainly have within farming in Berm uda, what are we doing to rectify those? For example, I
have been aware that for some time our potato pr oduction will be cut in half. Actually, it is in the paper
today. This is because, as farmers have said, the D epartment of Environment and Natural Resources has been very slow to approve the permits. So let me put
it in a different way. There is a flawed permitting pr ocess. So the farmers have missed the deadline to actually get the seed in the field. And obviously, I think
most of us know, potatoes are a staple food and we
have a great deal of storage available so this year
there is going to be a larger importation of potatoes
because our production is going to be down.
So, the question to the Honourable Minister,
what is being done to deal with the challenges be-tween the farm ers and the Department of Enviro nment and Natural Resources?

Mm-mm.
Hon. Walter H. Roban: I knew this would come up,
Mr. Speaker. So, I am happy to answer the question.
I actually refute the assertions in the actual article. I only just saw it myself. Seed potato was acquired this past season, late November, early December of last year. That seed potato was brought in. The
majority of farmers bought all the seed potato and that
seed potato has been planted.
I do not know how anyone could ac tually say
that there is not going to be enough potato when
those potatoes haven’t even been reaped yet. So,
how could anyone know now that there isn’t going to
be enough potato when those potatoes haven’t even
been reaped? It is almost like trying to pred ict the f uture.
But I reject that as well on the basis of the
amount of seed potato that was brought in late in 2022 was the same amount that was brought in the
previous year. So, all of that seed potato, which was
actually purchased by virtually every commercial farmer, has been purchased, has been prepared, has
been put in the ground. So, until such time as they
begin reaping that, it is impossible to say that there is
going to be a shortage.
There were a few farmers who chose not to
purchase that potat o, a very small group who chose
not to buy it from a certain farmer because they did
not want to buy it from that farmer. I can’t get into all


Bermuda House of Assembly the interactions within the farming community, but I
am certain that the amount of seed potato that was
acquired late last year was put in the ground around
the exact same time, a similar time as it is put in an-nually, and it was the same amount as had been ac-quired in previous years.
So, we will see if there has been a shortage. I
certainly reject the assertion that has been published in the paper today. They are from certain farmers and
I would not at this point say it is representative of all
the farming community. Thank you, Mr. Speaker.

Thank you.
Supplementary?

SUPPLEMENTARY
Hon. Michael H. Du nkley: Supplementary, Mr.
Speaker, yes. I thank the Honourable Minister for the explanation.
Mr. Speaker, my comments were clear that I
was informed by certain farmers who have been in the
industry for a period of time and have a lot of arable
land to fill that the supply will be about half. And only
time will tell. So, the supplementary, Mr. Speaker, is,
Can the Minister inform this Honourable House what
is being done to deal with some of the issues between the farmers and the Department of Environment and
Natural Resources?

Hon. Walter H. Roban: Mr. Speaker, there is ongoing
dialogue and work being done with our local farmers.
In fact, there is a particular officer who, on a daily ba-sis, deals with the farmers, deals with their issues,
supports them and assists them in whatever ways that
the Government can. So this is an ongoing process.
As we know with many industries, having
concerns and issues that have to be addressed is not unique to the farming industry in Bermuda. So, you
work out those issues but you continue dialogue, you
continue to discuss, you work on solutions. And the
role of the Department of Environment and Natural
Resources, perhaps particularly the plant protection area, is to protect Bermuda and to ensure that we
have a safe, healthy, n atural environment with nothing
that comes in that brings risk to our delicate biodiversity, in particular farming. Because as we have seen
in the past, I am sure the Honourable Member is f amiliar with this, in that if you bring in certain things that
perhaps have certain disease or have not gone
through the proper examinations, you could destroy
farming (snaps finger) like that. And we have many examples of where this could potentially have happened.
The reason why we can do what we do is because we have a very robust protection system. And I
can tell you this, Mr. Speaker, there are other islands
in the region that wish they had Bermuda’s system.
So, yes, there is sometimes a friction between farmers and the department, but that is to the best interests of
the country.

Yes, thank you, Mr. Speaker.
Given and accepting what the Minister has
just provided the House, I would like to ask the question again around the actual procedures. Given the
fact that this is a timely matter, would the Minister be
willing at any time to even revisit the procedures that
are put in place, the timeliness of it, and the urgency
in some cases to even get seed into the ground wit hout missing the planting timeline? But I am asking
specifically around the actual procedure and the ti ming, given that sometimes we do have to work overtime, or long hours to get things done.

Minister.
Hon. Walter H. Roban: Mr. Speaker, we are always
looking to review and refine any procedures or pr ocess that might actually be problematic or provide
challenges, and I have tasked every department in my
Ministry to do that, whether it be Planning, whether it be in the Department of Environment, all department s,
to look at ways that they can do things better, partic ularly as they are interacting with stakeholders. That they be mindful of the sensitivities and be understand-ing and be flexible where they can. So, yes, we will do
that and I will continuously look to see where we can
improve if we have to improve.

Okay.
Supplementary? No. Second question? Okay.
Minister, this brings to a close the questions on your
Statement this morning. We will now move on.
Madam Attorney General, there are Members
who would like to put questions for your Statement.
MP Pearman.

QUESTION 1: UPDATE ON THE SUCCESSFUL
USE OF SPECIAL MEASURES, PER PART 5 OF
THE CHILD SAFEGUARDING (MISCELLANEOUS
AMENDMENTS) ACT 2019

Thank you, Mr. Speaker. And
thank you to the Honourable and Learned Minister for
her Statement.
Minister, you had brought in these changes to
child witness evidence in, I think, 2019. At that time you had our support for the amendments and indeed
our commendation. And I too would like to take the
opportunity to thank the people you did, namely, the Justice . . . the Judge, the DPP, the Child Safety
teams, et cetera, and their teams.
464 27 February 2023 Official Hansard Report

Bermuda House of Assembly My question is in terms of your fulfilment of
the Lanzarote Convention, which you referenced in
your St atement. What other steps are being taken to
implement that convention? Thank you.

Madam Attorney General.

Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker.
The convention is under review by the Social
Development Ministry. They have the C hild Safeguard
Committee that was established under the Children
Act 1998 and in practical terms, they keep it under
review and recommendations are made to the respective Ministries for any amendments or policy changes that are necessary to strengthen and uphold the pr ovisions of that convention. So, at this time it lies with that committee, and we await recommendations accordingly.

Thank you, yes, first supplementary.
Do you antic ipate that recommendations will
be forthcoming, and if so, what sort of timeframe?
Thank you.

Hon. Kathy Lynn Simmons: The recommendations
have been drafted and there is an underlying policy
document that accompanies them. When the Minister
puts them before the Cabinet , and I am not going to
steal her thunder, but they are in draft form at this time
so I would expect that they will be received by the
Cabinet and considered very shortly.

You mentioned how the process
will work and you discussed how the questions by D efence Counsel in Chambers will be pre-vetted by the
intermediary, I think you said to be age appropriate.
My question is this: What happens if there is a dis agreement, and I am not sharing that there has been, but if there were a disagreement between Defence Counsel and the intermediary about the appropriat eness of the question, is that then adjudicated by the Judge?

Hon. Kathy Lynn Simmons: That is correct.

Yes. Still on the process, you
also mentioned in your Statement the Bar Association
has invited members of the Bar to have training pr ogrammes to understand how this process will work.
Are there any other sugge stions emanating from the
Bar Association or the Bar Council in relation to this
process?

Hon. Kathy Lynn Simmons: I have not been briefed
in that regard. And the Member will know that once
. . . if there is anything forthcoming from the Bar it will
be circulated to all members and he would have n otice accordingly as a member.

Yes. Thank you, Mr. Speaker.
This is all quite new to me. But I am just cur ious, given the populati on, the members who would be
within Chambers during this interview process. I could
imagine it being just as intimidating for a seven- yearold to be around judges and lawyers, et cetera, and so I just didn’t know whether a family member or som ebody who is really close to the child or an environment
that makes the child comfortable or more comfortable
would be something that would benefit the process or
do they feel that it would be just fine with lawyers and
judges in the room?

Attorney General.

Hon. Kathy Lynn Simmons: The child is able to have
a person who they feel close to, a family member or
otherwise, present at the time. Every accommodation,
Mr. Speaker, is made to ensure that the child is comfortable and able to give witness evidence in these circumstances. I will say that although the Act came
into operation in 2019, Part 5, as I mentioned, did not.
There was a substantial amount of training and pr eparedness that was necessary to make sure that pr otocols and everything was in place. A nd as in my
Statement, I outlined some of the activity around ensuring that our child witnesses are prepared, comfor tBermuda House of Assembly able and able to give evidence. So, we are pleased
with the advances in that regard which will continue.

Yes, thank you, Honourable Mi nister for your Statement regarding the EIC, which is the attempt to get people from abroad to invest into
Bermuda in exchange for residency or eligibility for
residency certificates. My question is in regard to the
suggestion that the existing situation is going to be
amended. I understood your Statement to mean that it
is no longer necessary for the applicant to resi de here
for five years before becoming eligible for a Section 5
residential certificate. Have I correctly understood that
this is what is happening? That eligibility is being
brought forward? It doesn’t have to wait five years. Is
that correct?

The Speake r: Minister.

Hon. Jason Hayward: Mr. Speaker, the policy has
been amended so that it is not two separate stages.
So, under the current policy, before the revisions, you
got presented with an Economic Investment Certif icate (EIC) which is a residential cer tificate policy which is valid for five years, after which time persons
can obtain a residential certificate for an indefinite
state. How we have amended the policy is so that
persons who apply for the residential certificate no
longer get the residential certificate underneath the EIC policy, but they automatically get the residential
certificate for an indefinite state. The residency r equirement is still valid. One must be resident in Bermuda for at least 90 days to take advantage of the
residential certi ficate policy. As well as hold their i nvestment for five years to remain eligible.

Yes, thank you. Thank you for
that very clear answer, Minister.
So as I understand it, in order to first cross the
threshold of the EIC, you have the $2.5 million as you
have stated and it used to be that you had a five- year
residency requirement before you could seek indef initely to remain. That is now being merged. My ques-tion is this: When someone is moving from the EIC
payment to the indefinite leave to remain, is there a
further eligibility test and, if so, what is it? And if not
. . . thank you.

Yes, thank you, Mr. Speaker.
I am just curious whether once these holders
of this residency certificate for an extended period of
time, indefinitely, will be then counted as a member of
the population. If they chose to leave Bermuda at any
time, will that be reflected in population numbers? And
I am asking this especially if the population grows si gnificantly under this scheme.

Thank you, Minister. You talked
about how this new change would be retrospective to
certain categories of residential certificate holders, but
not to certain other categories of residential certificate
holders, drawing a distinction between those who o btained a residential certifi cate under the 2021 policy,
who would fall within this new approach against those
who applied, I believe under the 2015 . . . is it the
2003 . . . I may have my dates wrong, but the 2015
and the 2003 pool of people who will not be able to
take advantage of this new approach. Can you explain
why you are drawing a distinction between two pools of residents?
Thank you.

Minister.
Hon. Jason Hayward: I am not drawing a distinction
between two pools of residents, but what I do want to say is that those persons who came in under the 2021
policy, all invested $2.5 million. Those persons who
received residential certificates under the 2003 and
2015 policies, received residential certificates simply
by being wealthy. They did not demonstrate any i nvestm ent in the community. And so that is why those
persons who have received residential certificates
under the 2021 policy . . . it makes no practical sense
to make those individuals wait five years to receive a
residential certificate when somebody who inves ted
$2.5 million now gets automatic residency.

Okay. Put your supplementary.

Hon. Zane J. S. De Silva: Thank you, Mr. Speaker.

SUPPLEMENTARY

Hon. Zane J. S. De Silva: Minister, will this policy
change create greater economic activity and additional contributions toward our tax system and the muchneeded additional revenue to Bermuda and Bermudians?

Hon. Jason Hayward: Mr. Speaker, we do believe
that this change will make the EIC policy more attractive to potential investors as well as open up the areas
of investment that one can make.

Minister.

Hon. Jason Hayward: Mr. Speaker, underneath the
. . . in the Bermuda Immigration and Protection Act
condominiums purchases are restricted to PRC hol ders and residential certificate holders. However, the
residential certificate holders issued under [section]
32(5) . . . the old policy was not issued under section
32(5). As a result, those who were under the old res idential certificate policy of 2021 were not able to purchase condominiums. With this change, individuals
will be able to purchase condominiums.

I assume there will be Members who
would like to make a contribution here. And if you can
just give me one second to reset this . . .
Premier, you jum ped up rather quickly this
morning. Would you like to make a contribution?

Hon. E. David Burt: Yes, Mr. Speaker, and thank
you.
Mr. Speaker, I would like to certainly lead the
condolences which will come in the Honourable
House today for the former Minis ter, parliamentarian,
magistrate, educator and former chairman of the Bermuda Progressive Labour Party who was laid to rest
this weekend, Mr. Arthur Hodgson.
Certainly, I will associate all Members. We
know that he was a leader of the great generation of
social champions in Bermuda who bravely submitted
his name for the first election under Universal Adult
Suffrage in 1968 under the banner of the Bermuda
Progressive Labour Party. Certainly there were many accolades that were given to him at his celebratio n of
life service and we are certainly grateful for his lea dership and service to our country, and certainly proud
that his legacy lives on with his granddaughter, Senator Arianna Hodgson.
I will ask that the Honourable House send a
letter of condolence t o his family, to his wife, Liris
Hodgson, and his children, Maria, Odinga and Jelani ,
Mr. Speaker. Mr. Speaker, I would also like to ask this Honourable House to send a letter of condolences to the
family of the late Mr. George Donald Scott. I would
like to associate all Members. He recently passed
away in his 91
st year. Of course, Mr. Scott was a ded icated civil servant who worked in the post office for 40 years, serving as post master general for eight years
468 27 February 2023 Official Hansard Report

Bermuda House of Assembly and retiring as . . . sorry, serving under ei ght different
post master generals. Certainly, his legacy of dedic ation and public service live on with his children such
as former Cabinet Secretary, Donald Scott, a former
Registrar of the Supreme Court, and then PLP and
BIU Executive, Mr. George Scott, and his daughter,
Charmaine Scott, who still is at the post office. So certainly, Mr. Speaker, I would ask the Honourable
House to send a letter of condolence to that family.
Mr. Speaker, I would also like to ask that a
letter of condolence be sent to the family of former
PLP candidate for Devonshire South, devoted trade
unionist, and well -known Bermudian fisherman, Mr.
Danny Harris, and ask that the entire House be ass ociated with those particular remarks.

Yes.
Hon. E. David Burt: It is a possibility, sir. I was off
Island so if done, I would like to associate myself.

The Sp eaker: Yes.

Hon. E. David Burt: And given that these things took
place while I was off Island, I would also certainly like
to associate myself with the condolences that may have given on February 3 to the late Brian Morris who
was a constituent of mine who passed away as well —

Yes, that was done.

Hon. E. David Burt: —and I would certainly like to
ensure that my condolences are associated with that.
He was a larger -than- life personality, a constituent of
mine, Mr. Speaker, in Pembroke West Central and
certainly someone who I enjoyed visiting. Even throughout his illness he always had a wonderful spirit
at all times, Mr. Speaker.
And, finally, I wish to extend the condolences
to the family of my late constituent, Mr. Harold Smith,
who died in his 103
rd year.

[Timer chimes]
Hon. E. David Burt: Everyone will remember that he
was famous for going around in his pink, at all points in time.
And if I may, Mr . Speaker, I know my time is
up, but if I may give just a quick example of the dedication of the public service. The Budget Books of
which we see printed were designed by Mr. Keno
Simmons. He works in the Department of Communi-cations. Keno was Mr. Harold Smith’s grandson. And
despite the fact that he buried his grandfather that
day, he still returned back to the Department of Co mmunications to finish off the Budget Statements and
other items so they could be shared with this Honourable House. So it is just a recognition of the dedication
of public servants and the wide range of experiences
of wh ich they have and what they do to make sure
that this Government works. Thank you, Mr. Speaker.

Thank you.
Does any other Member wish to make a contribution?
Deputy Speaker.

Hon. Derrick V. Burgess, Sr.: Thank you, Mr.
Speaker.
Mr. Speak er, I would like to give condolences
to the family of the late parliamentarian, businessman, teacher, lawyer, and judge, Arthur Hodgson, a well -
known figure in Hamilton Parish, a god- fearing man,
one who studied the Bible. In fact, you can remember
even in caucus, Wednesday nights, Arthur Hodgson
had to leave at a certain time because he took Bible
study very seriously. One of the guys —I say “guys”
respectfully —that is responsible for the Gospel Hall as
it is today. It doesn’t look very big from the roadsid e,
but Gospel Hall can hold at least 300 people there, a
very good edifice there, Mr. Speaker.
Arthur worked hard. He worked hard trying to
save people so that they can realise the hope that we all have one day to end up in heaven. I can recall going to a Bible study he started about 21 years ago in
Hamilton Parish, and he invited me. So, after many
months of trying to get me to come, I did go. And
when you go there you have to read a couple verses
from the Bible that they pick for you, and then explain
it. And when it came to my turn, I read it, and I said,
Arthur, I’m trying to understand what I read. Because
you know [it was] the King James Version of the Bible.
So what he did, unbeknown to me, he went out and
bought me a Bible in the (what I would call ) street la nguage. So I didn’t have that excuse any more.
That was Arthur Hodgson. That is the type of
guy he was. And he gave freely of himself and his
time. He would give you a legal opinion and didn’t
charge you a dime. But Arthur will be sorely missed in
Hamilton Parish, particularly, the Gospel Hall family
and his entire family and everyone who knew him will
certainly miss Arthur Hodgson, particularly Ottie (Ott iwell] Simmons who was his best friend. Thank you, Mr. Speaker.

I wanted to chime in and ass ociate myself with the condolences with respect to for-mer MP Arthur Hodgson. He indeed was a teacher
and in fact did teach me at the Berkeley Institute. I
would say that he was a very challenging teacher because his styl e was very different from all of the [ot her] teachers that I know. He challenged us to teach
ourselves. And I think in doing that I was able to benefit in terms of developing some very excellent study
skills. So I am thankful for that. I had cause to appear before him in Magistrates Court and I did fight my own
case and I won my case. And I . . . I will call him A rthur now. Arthur called me into his office and I was
like, Well, what did I do? I was wondering what I had
done, and in his office he did congrat ulate me and he
did say, You presented your case better than many of
the lawyers who appear in Magistrates Court.
[Inaudible interjections]

But that is in fact true. I did win
my case and he did try and convince me to go to law
school but I wasn’t having any of that.
I just want to say that one of his pet peeves
was education. It really was. Arthur approached me many times regarding education because in more r ecent years he was working with a particular group to
try and introduce reforms. I will s ay, though I was not
a part of that group, from time to time he did update
me and he had fervently hoped that he would see
some of those reforms come to fruition. So I hope that even though he is no longer with us, this does happen.
So, Mr. Speaker, I wou ld just also like to mention condolences for the Thompson family in St.
George’s from constituency 1. I would like to assoc iate Member Swan with these remarks.
Ann Brangman Thompson, a matriarch of the
Cut [Road] area in St. George’s. And mother to . . .

[Inaudible interjection]

Yes, Mr. Speaker, I am
grateful that the Honourable Member is going to let
me speak.
Mr. Speaker, I would like to be associated
with the condolences to the family of the late Arthur
Hodgson, [Arthur] David Outerbridge Hodgson, in fact,
who was the brother -in-law to my late father, Hubert.
So, deepest condolences go to his sister, my . . . step
mom down there in Cottage Hill.
Mr. Speaker, I just had the most wonderful
experience in 1999 with Mr. Hodgson and the Hon-ourable Member from Hamilton East, Mr. Derrick Burgess, when we represented Bermuda at the CPA Pl enary. We started each day and ended each day in prayer as a group. We became kindred spirits and I
want to say we even represented the West Indian parliamentarians in cric ket, all of us. Mr. Hodgson was
manager because when he went to Oxford he had to
prove that he had some sport and Mr. Randy Horton
organised a cricket match for him in Wooster so that
he could have some sport. He said he wasn’t quite the
sports person, but he could put on his r ésumé that he
played in a major cricket match with a top world- class
cricketer. And we got a good chuckle out of that one, Mr. Speaker.
I would like condolences to be sent to the
family of John Thomas Paynter from Mullet Bay. Honourable Member Ms. Foggo would like to be associated. My dear friend, a long- time employee of Works
and Engineering, who looked out for his community.
And across from his house was a lay-by, just co mpleted, of which he supervised. My dear friend. I will
surel y, sorely miss John Thomas Paynter, indeed.
And time does not permit me to really go into the
depth on these past two condolences I offered.
And finally, Mr. Speaker, I would like to say
congratulations to Mrs. Winifred Jones who celebrated her birthday t his weekend, her 93
rd birthday. A long470 27 February 2023 Official Hansard Report

Bermuda House of Assembly time wife of Mr. Erwin Jones who is about 95. And
mother of Michael Jones, former mayor of St.
George’s. And Ms. Foggo, her niece, the Honourable
Member from constituency 1, would like to be assoc iated with this as we ll. Mrs. Jones spends a lot of time
in the church and there is a Prayer for Women and we appreciate the prayers that go up for many people,
including my family on a daily basis from her. She is a
delightful lady who owned a florist shop and one day I
hope that she can be recognised for such and all her
contributions in the community. Thank you, Mr.
Speaker.

Thank you, MP Swan.
Opposition Leader, would you like to make
your contribution at this time?

Hon. N. H. Cole Simons: Thank you, Mr. Spe aker.
Mr. Speaker, I would like to associate myself
with the comments made in regard to Arthur Hodgson.
I first met him as a student at Sandys. He was one of the many Black male teachers at the time. There was
Solomon Kawaley. There was Kenneth Richar dson.
There was James Pearman and Dick Dane. They
were role models for us young students, and they r eally made an indelible mark on us.
He was not only there by himself. His wife
was there at the same time. And I said to her at the
funeral, I said, Do you r emember me?
And she said, Of course I do, Cole. I see your
picture in the papers and I remember you as a student
at Sandys.
And so he has influenced me as a former
teacher and I can say that he is a worldly man, a gi ving man. I was very moved by his service in that I
have a special place for people who do missionary
work in Africa. I was surprised at the skill of the work
that he did. And also the work that he did locally, how
it was mentioned a number of times, he did not i nvoice people for his legal s ervices.
Mr. Speaker, I would also like to send condolences to the family of Elsie Rance. She is the mother
former Colonel Allan Rance, and her family. She died recently at a respectful age.
I would also like to send condolences to the
family of Shirle y Tuzo. She is survived by her sons,
Shaun and Shannon. She was a school mate of mine.
In fact, she was at Sandys with me at the same time.
And we had a passion for art and we went throughout
school in the art classes together.
Mr. Speaker, I would like to also send congratulatory remarks to Paget Primary School for their Black History Month celebrations. As you know, they
identified and honoured Merle Brock Swan [Williams],
yourself, Dr. Eve De Rosa, Wendell Smith, Earl Cameron, the late Honourable Arnol d Francis, Maxine
Esdaille, Shaun Goater, Alfred Place, and Warwick
Workmen’s Club. Mr. Speaker, I learned so much from the m useum, because they had a museum for each honouree. What was most fascinating to me, Mr. Speaker,
was the museum that they had in honour of Alfred
Brownlow Place. And the young students were actua lly showing how they printed newspapers.

Thank you, Honourable Member.
Deputy Premier, would you like to make a
contribution?

Hon. Walter H. Roban: Yes, thank you, Mr. S peaker,
ever so briefly.
I wish to be associated with the accolades to
Paget Primary. I went there more on a personal c apacity than official. And I can certainly let you know,
as you are familiar with the exhibit, and others have
been, that the Francis fa mily was very moved by the
quality of the presentation on their father, Mr. Arnold
Francis. So they were very moved and they were very
pleased with the enthusiasm of the students around
the presentation. And all of the persons presented,
Mr. Speaker, were so well done. And I was particularly
impressed with what they also did with Earl Cameron because the students were very good with how they
presented him. And ironically, there is a family rel ationship between Earl Cameron and Mr. Francis, so
that is also a bit ironic.
Also, I would like, Mr. Speaker, to be assoc iated with the condolences [to the family] of former Minister and MP Mr. Arthur Hodgson, a gentleman
who I knew my whole life, associated with the PLP. One thing about him he was always very interested in
the development of young people. And certainly I had
the benefit of his advice and counsel and support as
he appreciated any young person who became ser ious about politics in any way.
But I would also like, Mr. Speaker, if it hasn’t
already been done to just note a few very interesting
anniversaries as we close out February, one being the
anniversary of Minister Diallo Rabain who was elected
seven years ago to join this House. We cannot miss
also the anniversary of one Derrick Burgess who on
February 24 . . . on Friday, but we didn’t speak on Fr iday. He has his 25
th anniversary being in this House
and he came to the House 25 years ago on that date.


Bermuda House of Assembly And we can’t miss, of course, to mention, Mr. Speaker, yourself, February 9, 1989, you joined this House
as well with . . . a few other people. Julian Hall, Dame
Jennifer Smith, David Allen, and Nelson Bascome,
whom ironically I served in Pembroke East now with
the constituency with his former name. So just to give
accolades to all those persons. Hi story clearly was
made with all three of those persons who came to the House. Thank you, very much, Mr. Speaker.

Thank you, Mr.
Speaker.
I wou ld like to associate myself with Paget
Primary. This of course was their fifth Bermuda [Black]
History Museum. They have covered many people
who have contributed to Bermuda and it has made,
not just the students of the school, but everyone who visited, ver y, very proud of their accomplishments.
I would also like to associate myself with A rthur Hodgson and all the comments that were made.
He was a very good friend of my husband. And he
contributed significantly, not just to this country but
also to the PLP .
I would also like to express my condolences
to Sharon Washington—

On behalf of the pas sing of her late mother, Millicent Washington. She was
from the east, but she contributed significantly to the
area of nursing. I met her actually 48 years ago at
what is now MWI, but at St. Brendan Hospital. She
was one of the first Black nurses in this country. She trained at the Cottage Hospital because at that time
King Edward [VII Memorial] Hospital did not allow
Black nurses to work there. It was actually in 1958 when they first started to let Black nurses work at the
hospital. She was a trailblazer for many, many nurses.
She encouraged nurse’s aides as wel l as nurses to
get further education. She moved actually in 1972 to St. Brendan’s where she worked for the rest of her life. She actually died at 98, just a week or so short of
her 99
th birthday. She delivered many, many, many
babies. She was a midwife as well in St. George’s. So
thank you very much, Mrs. Washington for your contributions.

[Inaudible interjection]

Thank you, Mr. Speaker.
I would like to add my sentiments to the
Hodgson family on the passing of Arthur. What a lot of
people didn’t know was that he was very close to our
family. Coming out of Bailey’s Bay, m y mother is a
Bailey’s Bay girl, and they grew up together. I was
hauled into his office, in this particular building . . . we
owe thanks to him for this building that we are in. So, I
have been in the office several times to get a history lesson, for sure.

[Laughter]

So, again, a great man and I
appreciate the fact that he was proactive in calling me
out and saying, Listen, come in. I want to have a chat
with you. Which I felt was commendable, knowing that
. . . not realising ho w close my mother and him and
the family were. So, again, condolences there.
I did not hear from Brother Swan. He knows
the whole constituency 2, and the passing of Esther
Harvey.
[Inaudible interjections]

472 27 February 2023 Official Hansard Report

Bermuda House of Assembly Mr. L. Craig Cannonier: Yes, yes. I figured y ou w ould
know I was going to say it , a staple. I mean, anyone
from St. George’s and not from St. George’s knows
the Harvey family. They live right next to the St.
George’s Cricket Club. Esther and I grew up together. Although she was in St. George’s, she w as always in
St. David’s. We were all related and . . . and associate
MP Foggo for this here. But you know, it’s sad, a young woman, the same age as myself who unfort unately succumbed to cancer. I just pray that we come up with a solution to that. It is just taking far too many people at a young age. And so, condolences to the
Harvey family. Her brother, Tommy, you would also
know has run in constituency 2, as well, on behalf of
the One Bermuda Alliance. And so it is a sad time for
St. George’s to see the p assing of such a staple person. She was not of small stature and to see how the cancer removed that away was pretty sad. To her kids
as well, our condolences.
Thank you, Mr. Speaker.

Thank you, Mr. Speaker. And
good morning, colleagues.
Mr. Speaker, I also wish to be associated with
the condolences to the Hodgson family. And certai nly
thank them for lending him to us. Arthur was actually a
family friend. And I can certainly say that in my early
days of meeting him I would have limited convers ations with him because I thought his intellect . . . he
had a sixth sense and I thought he was reading my
mind, so I was really afraid of him. So, I really didn’t
have a lot of conversations during that period. But
when I joined the party and I moved up the ranks and
became the chairman of the party, he himself, having
been a chairman, was giving me lots of advice. And
he always said to me, Don’t pick sides. Just be true to yourself. So, that was something that I certainly r emembered him for.
Let me also say that Arthur always tried to
invite me to his Bible studies. But the thing is, they
were on Saturdays. I golf on Saturday. That was the
only day I could play. And so, I always had to come up
with an excuse to tell him that I couldn’t make the B ible study today. But what he would do was, he would
send me the lesson so that I would know what the
lesson was, and he always had the habit of calling me
up and saying, Oh, did you see the second part of the
lesson? What was your answer to that? And I was so
embarrassed because I hadn’t even read it anyway.
But I do apologise for that. But he was that s ort of
person. Very jovial and friendly and as I said, I only
wish that I had had some earlier conversations with
him before, but as I said, his intellect was way above mine. And so I just sort of stayed away from him. But
he will be missed. Thank you, Mr. Speaker.

Thank you, Honourable Member.
Does any other Member . . . MP De Silva. You
have your three minutes.

Hon. Zane J. S. De Silva: Thank you, Mr. Speaker.
Mr. Speaker, I too would like to be associated
with the condolences to the f amily of our beloved
brother, Arthur Hodgson. And Mr. Speaker, not only
do I want to give his family, but I would also like to
give them thanks. Because as we know, when we sit
in this House and do this job, Mr. Speaker, we spend
a lot of time away from our family. And he spent not
only much time in this House, but also in the party
itself. And you will know, Mr. Speaker, that he was part of the team that actually formed our constitution.
And I mean our Progressive Labour Party constitution.
And I guess the proudest part about our constitution
and him being a part of that is that the OBA has since
mirrored, changed their constitution to mirror most of ours, Mr. Speaker. And I think that Arthur deserves a
lot of credit for that. And maybe the Honourable Member Cole Simons, the Opposition Leader, deserves
some credit for that too. Because as he consulted and
spent time with Arthur, I am sure that he got some of
that drift and sort of pushed his party to mirror our constitution.

[Laughter]

Hon. Zane J. S. De Si lva: Whilst I am at congratul ations, Mr. Speaker, I would like to congratulate the Opposition Leader, Mr. Cole Simons, once again, b ecause I just received some breaking news that he
withdrew his position on the travel authorisation fee
and also the position of them imposing a VAT [v alueadded tax] on the healthcare services. So, I would like
to congratulate him on withdrawing that and sort of stepping away from it. So, congratulations to him.
Mr. Speaker, whilst I am on my feet, and I
declare my interest, I will congratulate my son- in-law,
Collie Buddz. Now, Mr. Speaker, I admit, I do not
know much about that entertainment business what-soever. I do know that —

Just don’t try to sing a few lyrics.
Hon. Zane J. S. De Silva: No, no, no! You won’t . . .
Mind you, the last time I sang some of his lyrics, Mr.
Speaker, I ended up in court, as you know.

[Laughter]


Bermuda House of Assembly Hon. Zane J. S. De Silva: So Mr. Speak er, I will stay
away from those lyrics.
But Mr. Speaker, I would like to congratulate
him and his team for receiving what they call an RIAA
Gold plaque. And that is for a record that has sold over 500,000 copies, Mr. Speaker.

[Desk thumping]

Hon. Za ne J. S. De Silva: So, I would like to congratulate him for that.
And, Mr. Speaker, not only that, he is booked
this year for over 76 shows/concerts which he will be involved in and he will be performing in front of over
325,000 people this year. Maybe o ne day the Berm uda Tourism Authority might recognise this and do a
deal with him to promote Bermuda as they should.
Thank you, Mr. Speaker.

Mr. Speaker, thank
you.
I would like to be associated with the condolences for Mr. Arthur Hodgson, who also taught me at
Sandys along with his wife. And I concur with the
comments of the Opposition Leader about the number
of Black male teachers who we had at Sandys at that
time. The only one he left out was L. Frederick Wade,
who also taught at Sandys.

Mr. Speaker, I would
also like to be associated with the condolences [to the
family] of Ms. Elsie Rance. I, of course, served for a
number of years in the Regiment with her son, Allan.
And I wish that family sincere condolences.
And finally, Mr. Speaker, I would like to be
associated with the condolences [to t he family] of Ms.
Shirley Tuzo, who was a constituent of mine, both her and her husband. I enjoyed many visits with them, in
hearing how we could do things better in this country, particularly for people who were wheelchair bound, as
her husband was for a number of his latter years. So I
ask that condolences be sent to her family as well.
Thank you, Mr. Speaker.

Thank you, Minister.
Does any other Member wish to make a contribution?
Any other? No?
Before we move on, I would just like to add
mine to some of the remarks this morning. Of course,
the remarks that are expressed to the Paget Primary
for their 5
th celebration of Black History Month. As one of those who was recognised this year, I was pleasantly surprised with the depth of the information and
the creativity that went into the display that they did on
their museum for P4 under Ms. Monica Smith. And I
would publicly thank her and her class for the recogn ition that they gave to myself as well as all the other
teachers and students who did museums on other
members of our community. All of them were outstanding and all need to be recognised for what they
have done.
The remarks or condolences on the passing
of Brother Arthur, I naturally am associated with those as well. And we have ment ioned already how when
you sat with Brother Arthur you always got a history
lesson. Well, what many may not know is that the Li ster family are rooted in the Gospel Hall church as well . . . generations before me. He would always som ehow bring that into a c onversation when we sat
around and he started talking about yesteryears. He
would beam when he would start to talk about the
back history or the early history days of his beginnings
in the Gospel Hall with my relatives. So it was a regular occurrence that I knew would come up when we were sitting and having those conversations.
But I want to recognise two other pieces that I
remember. And much has been said, so I won’t repeat what has been said. But Minister Hodgson had an impact on the sustainability of t he vision that came to
the PLP Government back then when I was around the Cabinet table. He did much to promote that. When
we look at the Parliament grounds, as I sit here
speak ing . . . I think of the Parliament grounds every
day when I drive in. All the cedar trees that are gro wing up around, they were a part of his vision too. Get rid of the casuarinas, which he saw as an invasive
species to our community and replace them with c edar as much as he could. And to set that example he
had the cedar trees planted around Parliament. And
just in recent years the last of the casuarinas were taken down by Minister Burch’s Ministry. But that was
Arthur Hodgson who started that.
And my last comment will come from remarks
that were actually expressed at his funeral o n Saturday by his granddaughter, Senator Hodgson, who in her remarks made reference to a challenge that he
put to her, in her preparing herself for public present ation. She said, It is not above raising your voice, it is
about raising your argument. The im pact he has had
on the grounds of Parliament will always stand when
we see the cedar trees there. I would like to see that
comment stand as a tribute to Arthur. That when we
are in these Chambers, that it is our argument that we
raise and not our voice.
Thank you, Members.

[Inaudible interjection]

474 27 February 2023 Official Hansard Report

Bermuda House of Assembly The Speaker: Our debate be raised —not our argument. Thank you. We raise our debate, our discussion, our tone, and not our voices.
We can move on.

MATTERS OF PRIVILEGE

Members, we are now starting the purpose for this season. The individual debates on the
Estimates of Revenues from the respective ministries. And today is day one of that.
And for the listening audience, once we go
into Committee on the debates of the respective
Heads for today, there are eight hours allotted each
day, and once we are in the Committee of Supply the
practice is that the Speaker, as you know for any time we are in Committee, the Speaker is out of the Chamber. So when we move to that stage today, we will be
in the hands of a chairperson.
I believe the first chairman this morning will be
MP Scott. And we will be in Committee for the next
eight hours at that point. So, I will be out of the Chair and I will return at the end of the evening to close us
out with the order of business that remains at that
point.
At this point, Deputy Premier, would you like
to move us?

Hon. Walter H. Roban: Yes, Mr. Speaker.
Mr. Speaker, I move that the House do now
resume in the Committee of Supply to consider the
Estimates of Revenue and Expenditure for [ 2023/2 4].

Good morning Honourable Members,
we are now in the Committee of Supply for further
consideration of the Estimates of Revenue and E xpenditure for the year 2023/24.
We are going to be debating Heads 36, 53,
68, 81 and 82. It is currently 11:49 am, and those five
heads come to a total of $75,291,000.
I call on the Minister in charge to proceed.
Minister, you have the floor.

Mr. Chairman, the
Ministry of Public Works is responsible for maintai ning Bermuda’s critical assets and infrastructure in
addition to delivering the many services this Island
depends on.
A few of the assets and infrastructure areas
that the Ministry is responsible for maintaining include
the following:
• over 2,000 acres of land and over 750
buildings maintained by Public Lands and
Buildings with an insured value of over $1.5 billion;


Bermuda House of Assembly • over 600 roads amounting to approx imately 225 kilom etres of road surface;
• over 80 public docks and purpose- built
berths servicing cruise ships, cargo ships
and hundreds of private vessels and yachts each year;
• multiple reservoirs with a capacity of over
2 million gallons of Bermuda’s precious
and very li mited freshwater resource;
• 75 amenity parks, beaches and school
grounds and the Ocean View and Port
Royal Golf Courses
Mr. Chairman, it cannot be overstated how
critical this vast and diverse Ministry is, not only to our nation’s economy by generating job opportunities
within the construction sector but to everyday citizens as well.
Not a day goes by that an individual on Island
does not interact with any assets or infrastructure
maintained by the Ministry of Public Works. To that
end, the maintenance and enhancement of our infr astructure and facilities must remain a priority because
infrastructure development is a vital component in
encouraging any country’s economic growth and e nsuring a basic standard of life. For example, infr astructure development will help provide the adequate
capacity for the future growth Bermuda so desperat ely needs; help enhance the visitors’ experience when
they come to Bermuda; and, more importantly, it will help provide a key source of job creation and ec onomic empowerment going forward.
Mr. Chairman, with this brief introduction in
mind, I am now pleased to present the budget alloc ation to the Ministry of Public Works for 2023/24 fiscal year.
Mr. Chairman, the 2023/24 budget allocation
to the Ministry as found on page B -213 is $75,
291,000. This represents an increase of $6,032,000
or 9 per cent from the original 2022/23 budget.
Mr. Chairman, the anticipated revenue for
the Ministry is $14,499,000. This revenue is derived
primarily from the following areas: Public Works Headquarters, $16,000; the Department of Parks, $142,000; the Department of Public Lands and Buil dings, $2,423,000; and the Department of Works and Engineering, $11,918,000.
This is an increase of $1,488,000 over the
current 2022/23 budget. Ninety per cent of t his increase can be attributed to small fee increases in waste and water services in the Works and Engineering Department. A further 8 per cent is due to i ncreases in the rental income generated by a small
number of renegotiated lease contracts. The appr eciable amount in the remaining 2 per cent is due to
anticipated increased revenues from Park Services.
The Ministry’s total Capital Budget for
2023/24 is $48,012,000. Although this is an increase
of $8,378,000 over the current year’s original budget,
it act ually is a decrease of $4,859,000 from the r e-vised budget. Which accounts for the $13,100,000 of
Cabinet -approved revisions for the Tynes [Bay]
Waste Stabilisation Works and the Bermuda Housing
Corporation’s additional residential housing grant.
Programmes that will be highlighted further in my
presentation.
This capital budget includes capital development of $44,637,000 and capital acquisitions of $3,375,000.
The Ministry’s established number of e mployees which are referred to as full -time equivalents,
FTEs, for the fiscal year 2023/24 is 685, an increase
of 1 from the established number for the current fiscal
year as seen on page B -213. It should be noted that
the forecast for the current year has a headcount of
only 528 posts.
Mr. Chairman, this puts a spotlight on the
level of work that is being performed by the current workforce. And I thank the hard- working staff at the
Ministry for their service in ensuring that Bermuda’s infrastructure is maintained.
Mr. Chairman, I now direct Honourable Mini ster to Head 36.

HEAD 36 —MINISTRY OF PUBLIC WORKS
HEADQUARTERS

Mr. Chairman, the
overarching objective of the Ministry Headquarters (Finance and Administration), is to provide centralised
support to the departments within the Mi nistry, which
include the Department of Public Lands and Buil dings, the Department of Works and Engineering, and
the Department of Parks and, by extension, the var ious quangos in the Ministry to ensure delivery of their
varied services and operating programmes.
The services provided by the Ministry of Public Works Headquarters are organised into the follo wing five programmes, which are found on page B -215:
1. Programme 3601—Head Office Administr ation;
2. Programme 3610— Accounts;
3. Programme 3611— Purchasing;
4. Programme 3612—Telecommunications;
5. Programme 3613—Central Office Administr ation.

Head Office Administration —Programme 3601

Mr. Chairman, the
Head Office Administration, Programme 3601, is
comprised of the Executive Offices; Headquarters
Administration; and Safety and Health.
Head Office Administration, under the direction of the Permanent Secretary, provides oversight
and management support to the entire Ministry of
Public Works. It also ensures that the Ministry’s policy
objectives are met and specifically is responsible for
the implementation of the Ministry’s Throne Speech
476 27 February 2023 Official Hansard Report

Bermuda House of Assembly initiatives, yearly business plan, management of saf ety and health matters, compliance, and numerous
special administrative projects.
Mr. Chairman, duri ng 2022/23, the Safety
and Health Office offered 12 trainings sessions to staff, totalling of 68 hours of safety training, which
was attended by 92 employees.
The Ministry also conducted various safety
and health assessments not only to protect its em-ploye es when undertaking activities, but to also mit igate any risks the public may be exposed to as a r esult of Ministry activities. The Safety and Health as-sessments have resulted in new safety procedures
being developed and implemented.
Mr. Chairman, the operational budget for the
Head Office Administration Programme, 3601, is
$2,408,000 for fiscal year 2023/24, an increase of
$293,000 over the current year. This increase is a lmost entirely staff related. While only one new post
has been created, a Cabinet -approved policy analyst
position, there have also been increases in pay rates
for several posts resulting from reviews by the Ma nagement Consulting Services section of the depar tment of Employee and Organisational Development.

Public Works Accounts —Programm e 3610

The Accounts Pr ogramme provides accounts payable, accounts recei vable, payroll, capital asset recording, and nonfinancial
and financial reporting functions for the operating departments within the Ministry. This sect ion also pr epares and distributes weekly payroll, vendor cheques
and invoices for services provided by the Ministry’s operational areas; as well as the collection and r ecording of online bank payments, credit card, cash and cheque receipts.
Through the us e of the centralised accounting
system, this section manages the yearly budget
preparation and provides monthly management r eports to the Budget Office, a process that enables the
effective and efficient monitoring and control of the
Ministry’s current acc ount budget along with the Mi nistry’s capital development and capital acquisition
budgets.
Mr. Chairman, the Accounts Section’s focus
for the fiscal year 2023/24 will be the ongoing collabo-ration with the Accountant General’s Department to
improve on its b usiness processes relating to the E1
system. This includes inventory, job costing and fixed
assets with particular effort will be placed on the fixed
asset listings.
The operational budget for the Accounts Pr ogramme 3610 is an amount of $1,197,000 for fis cal
year 2023/24, an increase of $131,000 from the origi-nal fiscal year 2022/23 budget. This increase is also
staff related, attributed to the filling of two vacant
posts, one of them being a trainee post.
Purchasing— Programme 3611

Mr. Chairman, the
Purchasing Programme provides centralised purchas-ing support, inventory management, warehousing and
disposal functions to the other departments and pr ogrammes within the Ministry and to other external
departments from time to ti me.
Mr. Chairman, the Purchasing section’s focus
for the fiscal year 2023/24 will be reviewing and en-hancing the controls, procedures and policies for the
Ministry, specifically undertaken for the recently com-pleted centralised operations facility. The cr eating and
improving of supply chain- related policies and the
updating of procedures and end- user instructions. In
addition, this section will see the establishing of supply contracts through competitive bidding as well as
working with the Accountant Gener al to maximise the
use of section- specific functions and capabilities of
the E1 system, with a focus on inventory control, co ntract pricing and key performance indicators reporting.
Mr. Chairman, the Purchasing Programme
3611 operational budget is $1,421, 000 for 2023/24,
an increase of $54,000 over the current year. Once
again, this is staff related as the Ministry is filling a
critical management post that has been vacant for
several years. Additionally, the section is realising
salary scale increases res ulting from the previously
mentioned MCS [Management Consulting Section]
review process.

Telecommunications —Programme 3612

The Telecommunic ations programme provides a suite of services such as replacement of telephones and related equipment,
and the management of mobile service contracts for the Ministry.
Mr. Chairman, the Government owns and o perates a portfolio of seven telecommunication tower sites across the Island, with the towers located at the
Somerset Police Station, Alton Hill in Southampton,
Warwick Camp, two towers at the police Com -ops
area in Prospect, the Quarry and at Fort George in St. George’s.
Mr. Chairman, during the past year the structural surveys undertaken highlighted a lack of regular
maintenance of the telecom towers, which has resul ted in every tower displaying various stages of corr osion. As these sites and infrastructure are critical to
operations and are of national importance, the Mini stry has implemented a maintenance programme to ensure adequate landscaping for safe site access, tower safety, air conditioning and power. The tel ecommunications team will continue its remediation
works over the next fiscal year for the issues ident ified. The Ministry will also carry out planned maint enance and ma ke necessary adjustments to minimise
the risk of failure in the future.


Bermuda House of Assembly Some major upgrades have been completed
during the past few years. For example, Mr. Chai rman, the new Prospect Tower was commissioned,
and major refurbishments were completed to the Fort
George Communications Building in 2021 and 2022, respectively. However, security of the system remains
a concern. Upgrades to the security and site access
will continue to be a focus during 2023/24 fiscal year.
Our operational budget will additionally provide for
camera monitoring and digital access. As these sites
are shared with telecommunication tenants, manag-ing access has become more vital as government
now manages its own emergency radio station
through the Ministry of National Security.
Mr. Chair man, the Telecommunications pr ogramme 3612 has been allocated an operational
budget of $777,000 for fiscal year 2023/24, a decrease of $22,000 when compared to the current
budget. The reduction is a lower cost to provide the
phone services through contract renegotiation.

Central Office Administration—Programme 3613

Mr. Chairman, this
programme was previously called the Human R esource programme due to its emphasis on employee
services. Although most of these services have now
been centralised under the Department of Employee
and Organizational Development, the Ministry is still
required to assist with recruitment and employee rel ations, in addition to training and development services
for the various departments and staff.
Mr. Chairman, the second area of support
under Central Office Administration is Central Filing,
which provides records management for all human
resource records, Cabinet documents, capital projects
and contracts, as well as maintains records for the Minist ry’s legislative functions.
Mr. Chairman, the Central Office Administr ation programme 3613 has been allocated an oper ational budget of $336,000 for fiscal year 2023/24, an increase of $58,000 when compared to the current budget. This increase is attributed to additional trai ning opportunities for staff in this section as well as
beneficiaries of, again, the aforementioned MCS review process.

Full-Time Equivalents (FTE )

Mr. Chairman, during
2023/24 the Public Works Headquarters will aim to
conduct four safety and health assessments with corrective actions, and conduct 12 safety and health training ses sions for Ministry employees. In addition,
the Ministry will continue to expand the Medical Services programme for employees who have the potential to be exposed to a variety of hazardous enviro nments and substances while at work. The Ministry has identifi ed approximately 120 employees who will
benefit from the Medical Services programme in the
next fiscal year. More importantly, these safety and
health initiatives continue to allow the Ministry to be in
compliance with the requirements of the Occupational
Safety and Health Act 1982 and the Occupational
Safety and Health Regulations 2009.
Mr. Chairman, additional performance
measures will see Public Works Headquarters aim to:
(1) improve the procurement cycle time from requis ition to the creation of purchas e orders in two days
95 per cent of the time; (2) produce detailed reports
on all operational and capital actual versus budgeted
expenditures each month by the 10
th day of the following month 100 per cent of the time.

Capital Development

Mr. Chairman, with
regard to the major capital projects being managed by the Ministry of Public Works Headquarters, the
overall 2023/24 capital expenditure plan for the Public Works Headquarters is $7,027,000. This represents
$3,152,000 less than the amount allocated for the
fiscal year 2022/23. These savings are due to the
consolidated and refinancing of several capital loans
managed by the West End Development Corporation
[WEDCO]. Details are found on pages C -5 through C -
7 of the Capital Accounts Estimates. The capital developments also include:
• Cost centre 75050, Minor Works, nil;
• Cost centre 75053, Miscellaneous Small Pr ojects, $100,000;
• Cost centre 75054, WEDCO Capital Grant,
$1,112,000;
• Cost centre 75099, Office Relocations and
Alterations, $2 million;
• Cost centre 75306, Golf Courses Improv ement, $600,000;
• Cost centre 75334, WEDCO South Basin Land Reclamation, $2,715,000;
• Cost centre 75003, Corporation of St. George’s Grant, $500,000;
• Cost centre 75358, Roadside Fencing, nil;
and
• Cost centre 75359, Landscape Works, nil.
478 27 February 2023 Official Hansard Report

Bermuda House of Assembly Mr. Chairman, the Ministry of Public Works
will provide capital grants of $10,100,000 to the Bermuda Housing Corporation. This is found on page C -
6 of the Capital Accounts Estimates. Further details will be p rovided in my presentation on Head 53.

Capital Acquisitions

Mr. Chairman, the
overall 2023/24 capital acquisitions plan for the Public Works Headquarters is $172,000. This is an increase
of $34,000 from the 2022/23 budget allocation. D etails are found on page C -14 under Schedule C of the
Capital Accounts Estimates. And the capital acquis itions include cost centre 76868—Communications
Equipment, $172,000 towards capital maintenance of
the communication towers.

Quangos

Mr. Chairman, in add ition to the Ministry’s direct management over its departments, we also provide oversight and the occ asional financial support to the quangos; namely,
WEDCO, the Bermuda Land Development Company
[BLDC], the go lf courses and the Bermuda Housing
Corporation [BHC].
Mr. Chairman, the BHC will be discussed in
greater detail directly following this presentation on Public Works Headquarters. WEDCO and the BLDC
are in the process of a merger for which we anticipate
will allow for greater efficiencies of both physical assets as well as human talent. We are expecting this
new single entity to emerge on or before January 2024. Since my announcement of the merger
some months ago, the companies have already made operational changes within similar departments, along
with their merged accounting functions. The Ministry
projects that in 2023/24 we will experience a savings
of up to $700,000 as a result of these realised eff iciencies and renegotiated supplier contracts.
Mr. Chairman, I am pleased to report that
after two consecutive years of operating shortfalls
due to the COVID -19 pandemic, 2022/23 has seen a
return to near self -reliant financial operations for
WEDCO.
Mr. Chairman, although capital grants from
Government are still required, WEDCO continues to
maintain and improve on its existing infrastructure. The short -term rental of Star of India and Moresby
House are prime examples . We are also pleased with
the continued residential upgrades at Princess Louise Terrace as well as several other units at Boaz Island. Mr. Chairman, WEDCO is working with the
Ministry of Public Works and the Ministry of Transport to deliver the relocation of the Marine and Ports
Workshop to the former Oracle Building located in the
South Basin. T his team is advancing the completion
of the bid process and works are intended to com-mence during the first quarter of the 2023/24 fiscal
year. The expected completion schedule is for six to
eight months thereafter.
Mr. Chairman, although largely under the
BLDC mandate and not normally reported in this f orum, due to the enormity of the impact in the East
End of the Island, I am pleased to give an update on
the East End Water and Wastewater project. This has
been a massive undertaking with so many facets to
the project, coupled with countless contractors carr ying out different aspects of the infrastructure upgrade works. To that end, I am pleased to report that the
project is scheduled to be completed within the second quarter of 2023, barring any unforeseen circu mstances.
Despite various delays, it is expected to be
completed within the original budget of $30 million.
When completed, the upgrades will supply the East
End with ample potable water for generations to
come. This will also usher in the new wast e collection
system and a new waste treatment system that can
accommodate hotels in the East End as well as the Corporation of St. George’s and Southside. Finally,
and most impactful to the natural environment of the
entire Island, we get to see the closur e of the current
St. George’s waste outfall at Tobacco Bay.
Mr. Chairman, I would like to thank the r espective boards, management and staff for both
BLDC and WEDCO for continuing to deliver their
normal day -to-day operation and capital projects
while stil l effecting this strategic merger.
Moving quickly to another quango, Mr.
Chairman, the Port Royal and Ocean View golf
courses are public courses that provide an affordable
opportunity for residents to hone their golfing skills.
Particular mention must be given to the Port Royal
Golf Course who has management and staff work diligently year -round to prepare the site for the PGA’s
annual Bermuda Championship tournament. Since
the inaugural tournament in 2019, the PGA continues
to contribute to the tourism sec tor by drawing intern ational attention to Bermuda.
Mr. Chairman, as seen on page C -6, the Mi nistry remains steadfast in its approach to support any
improvements to these recreational facilities by allocating an operational grant of $900,000 and a capital
grant of $600,000 for the 2023/24 fiscal year. No
change from the previous fiscal year. Capital funding
will replace sub- standard tee boxes at Ocean View,
repair the fire system at Port Royal, replace club house shutters at Ocean View, and purchase various
equipment for both courses.
Mr. Chairman, I would like to thank the board
of trustees, management and staff at the Port Royal and Ocean View golf courses for their commitment
and dedication in providing this outstanding service.
Mr. Chairman, this conclu des my present ation for the Ministry of Public Works Headquarters —
Head 36. I will now turn to Head 53.


Bermuda House of Assembly I probably won’t get through all of this in the
next 12 minutes, but we will break whenever you say.

Mr. Chairman, the
mission statement of the Bermuda Housing Corpor ation [BHC] is To provide accessibility to adequate,
affordable housing and promote independent living to
enhance the quality of life in Bermuda. The vision
statement of the Bermuda Housing Corporation is,
Every Bermudian will reside in an adequate and safe
environment .
Mr. Chairman, the Bermuda Housing Corp oration will be receiving three grant allocations for this
fiscal year to support both its operational and capital
requirements.
Firstly, Mr. Chairman, the Ministry of Public
Works allocates an operational grant that is utilised to subsidise the annual cost of repairs, normal maint enance of properties, support services for families and individuals, and rental assistance via the Rent Geared to Income to clients of the corporation, and
for the continuation of the H.U.S.T.L.E Truck Pr ogramme, a programme that I will go into more detail
in a few m inutes.
Mr. Chairman, for years this annual oper ational grant has remained the same in the amount of $6,050,000, found on page B -219. However, this year
an additional $500,000 will be allocated bringing the
total amount of this grant to $6,550,000. The reaso ning for this increase is primarily owed to the rise in maintenance costs for the units, i.e., construction and
minor repair works.
The second grant that the BHC is budgeted
to receive is a capital grant of $5,800,000, found on
page C -6 for 2023/24, whi ch represents a decrease
of $500,000 from the previous year. The capital grant
will be used to pay for the interest and principal
amounts due on the Corporation’s outstanding bank
loans.
The third grant the BHC is budgeted to r eceive is a capital grant of $4,300,000 found on page
C-6 and will be allocated for phase 2 of the previously
announced Residential Building programme.
Mr. Chairman, I invite Honourable Members
to recall in October 2022 that the Government an-nounced the Residential Building programme. As mentioned previously, over the three- and-a-half-year
project, that is 2022/23 to 2025/26, the BHC will com-plete the refurbishing of 137 units, inclusive of i ncreasing the available, affordable rentals stock by 77
units at an estimated sum of $20,605,000. There are
no other changes between the 2022/23 and the 2023/24 grant allocation. As a reminder, Mr. Chairman, the primary
functions of the Bermuda Housing Corporation are to provide housing in Bermuda, to promote home ow nership, to undertake and carry out housing schemes,
and to undertake such other functions in connection with housing as the Minister responsible for housing
may require.
The Corporation entered into a public/private
partnership known as the HomeStart programme with Clarien Bank to assis t hard- working Bermudians to
obtain their first home. To date, the HomeStart pr ogramme has assisted 34 Bermudian families in their quest to become first -time homeowners. The initiative
has been very successful in providing properties
available for sale at affordable levels for purchase.
The sale prices of these properties have been signif icantly reduced in return for sweat equity to bring the
properties back to a healthy, habitable state.
The Corporation, in partnership with Age
Concern and the Government of Bermuda, continues
to assist our valued seniors and the disabled with a
programme designed to assist their families to help the vulnerable to remain in their own homes with di gnity, by providing interest -free loans of up to $15,000.
This funding is for the purchasing of furniture, fixtures and fittings and/or to make modifications or renov ations to their home which would make it easier for them to remain in their home rather than be housed in an asisted seniors facility. As a reminder, the purchase of the fixtures and fittings under this pr ogramme are duty free.
Since the inception of the programme, BHC
has provided loans for 32 seniors in a total amount of $411,626. Applications for this programme remain
available through the Bermuda Housing Corporatio n
website at www.bhc.bm or can be collected in person
at the Corporation’s reception desk at the Seven
Arches Building, 44 Church Street, in Hamilton.
Mr. Chairman, the Bermuda Housing Corp oration on behalf of the Government of Bermuda agreed to work wit h the Salvation Army on the r eplacement of two residential buildings located at the
North Street Shelter. This work commenced September 2021 and we are pleased to report was completed on December 15, 2022. The Salvation Army have
now taken over the operati ons of these two new
buildings, each suitable of housing 14 persons. The
total available new beds is 28.
Mr. Chairman, the Bermuda Housing Corp oration administers a number of programmes in pursuit of its mission, including the managing and leasing a large inventory of properties comprising houses,
apartments and building blocks . Some of these properties are owned by the Corporation, and others are
leased from the private sector. The BHC manages
approximately 500 government and private sector
residential uni ts Island -wide, and eight transitional
homes comprising 180 rooms.
480 27 February 2023 Official Hansard Report

Bermuda House of Assembly As mentioned previously, the BHC also manages and controls the H.U.S.T.L.E. Truck pr ogramme, an acronym for Helping the Unemployed
Sustain Themselves with Limited Employment, which
has bee n in successful operation since 2007. This
year marks the 16th anniversary of the programme.
The Corporation, through the H.U.S.T.L.E. Truck pr ogramme, has helped over 1,950 unemployed Berm udians in need with short -term temporary employment
and assisted them with finding full -time jobs. In addition, the programme has provided much- valued assi stance to our seniors, community groups, churches,
schools, and neighbourhoods.
Mr. Chairman, I am pleased to give an update on the work completed and ongoing as it rel ates
to the $1,664,000 as part of the Government’s ec onomic stimulus grant in 2021/22. There is a total of seven properties included in this programme of which
four have been completed. The properties are
• Rock Oven Lane, St. David’s, four bedrooms,
two baths, $105,000;
• 5 Captain Fox Road, St. David’s, three be drooms, two baths, $88,000;
• 15 Tommy Fox Road, St. David’s, four bedrooms, two baths, $43,000;
• Ripon Cottage, St. George’s, three bedrooms, two baths, $89,000;
The remaining three projects are under co nstruction with the following estimated completion
dates.
• Regent House, St. George’s, four bedrooms,
two baths, $95,000 worth of renovations, and
the estimated completion is August 2023;
• 2 Battery Road Lofts, phase 1 in St. David’s,
one two-bedroom and three studio units at
$444,000, estimated completion is June 2023 ; and
• Harmony Club Block B, Paget, eight studios
at $800,000 , estimated completion is May
2023 .
Mr. Chairman, the Bermuda Housing Corp oration received a grant of $4,250,000 for phase 1 of
the Residential Building programme. This phase consists of nine projects for a total of 45 units of which 40
will be additional units to BHC rental stock and five
are refurbishing occupied units. Four of the projects have received planning permission, have been tendered and construction is underway. Those four units
are:
• 3 Rock Oven Lane, St. David’s, three bedrooms, two baths, $305,000, estimated completion is July 2023;
• 18 North Shore Road, Smith’s, a two apar tment house; $175,000, estimated completion
is March 2023;
• 5 Aunt Jinny’s Lane, St. David’s, four bedrooms, two baths, $43,000; —

Yes. So, the remaining
five projects are in tendering phase, tendering or planning stages. One is Batter y Road Lofts, phase 2.
This is 11 units at $925,000 that is out to tender.
Number 2 is Alexander Duplex, two units, $400,000.
That is also out to tender. Chelsea Apartments in St. George’s. That is nine units at $695,000, in for pla nning approval. Four and five are Harmony Clubs,
Blocks D and E. Sixteen units at $1.2 million is in for planning approval as well.
Mr. Chairman, the Bermuda Housing Corpor ation continues to work on transforming the former Grand Atlantic condos into the Bermudiana Beach
Resort. As Bermuda’s first internationally branded
condo hotel, the Bermudiana Beach Resort is a property which is legally a condominium complex, but which is operated as a hotel. The condos have assessment numbers and can be purchased by Berm udian and non- Bermudi an owners, as well as companies in Bermuda. However, when the condo owners are not in residence, the property provides mid- market
tourist accommodation at nightly room rates with full
resort facilities and services.
The Bermudiana Beach Resort is a conversion project of the Grand Atlantic development wher eby 78 residential units will be converted to 94 condo
units with 110 keys available. The condominiums
ranging from studios to three bedrooms are pur-chased on a 100 per cent ownership outright sale basis. But as the development benefits from all the conventional hotel and tax duty -free government incentives, owners can only occupy the condos for up to 90 days, 90 nights per year. For the rest of the year, the
development represents a fresh new hotel offering
value for money, rooms and suits, restaurants, bars,
pools, spa, indoor and outdoor gym for visitors to
Bermuda.
Offering the best in Bermudian style and trad itions, the condo units will be set amidst lush lan dscape gardens that feature a variety of loc al flora,
trees and palms. Some of the units offer panoramic
views of the water, while others will enjoy a tranquil
view of the gardens.

Condominium Residences

The 94 condominium
units are in eight condo buildings throughout the
property, comprising 16 three- bedroom, threebathroom units; 28 two- bedroom, two- bathroom units;
25 one- bedroom, one- bathroom units; and 25 studio
units, one- bathroom units. The prices range from st udio, $412,500 to $698,250; for one bedroom,
$459,000 to $771,750; two bedrooms, $614,000 to $1,002,400; and three bedrooms, $825,000 to
$1,301,300. Owners when staying in residence have
access to all hotel amenities and services.

The Condominium Hotel

These 94 condominium units convert into 110 key hotel suites called the Bermudiana Beach Resort, a tapestry collection by
Hilton Hotel, a 3.5- star hotel resort. The resort co nsists of the following: eight condominium hotel buil dings comprising 110 hotel keys; two- storey receptio n
building; four -storey amenity building consisting of full -
service restaurant, recreation area, three meeting
rooms, indoor gym and spa, and support offi ces; i ndoor gym and spa and support offices; a single- storey
support kitchen and bathroom building for an events
lawn; pool, deck including cabanas, pool bar and grill;
firepit seating; outdoor fitness area; and direct access
by stairs and elevator to the beach.
The resort has a wastewater treatment sy stem and backup generators. The full property consists
of 1.792 hectares, or 4.43 acres and includes onsite
parking for 65 bikes, 70 rental cars and 24 cars.
Construction is underway on all eight condo
hotel buildings: the reception building, events support
building, sewage treatment plant, restaurant and bar,
spa, gym and back -of-house building. We await the
final building permit for the pool, pool bar and grill,
elevator and stairs for the beach access.
The construction budget for the hotel is
$29,240,027, of which $11,221,303 has been spent to
January 31, 2023, or 38 per cent.
Hilton representatives are scheduled to be onIsland within the next couple of months to review the
progress of the project. There have been some delays
with materials, as well as some site conditions. A decision will be made on ope ning dates during that visit.
We have received three deposits, of which
sales and purchase agreements are being finalised. And as the showrooms are now complete, the sales
team are arranging for 25 additional site visits from
overseas parties. The interes t remains very strong in
the project, with January being our strongest month to date with 158 contacts generated.
Mr. Chairman, all indications are that the success of this hotel property over time will provide full
reimbursement to the Bermudian taxpayer of funds
expended.

Transitional Housing

Mr. Chairman, the
BHC operates eight rooming or transitional houses
that contain approximately 180 beds. The various
houses are located throughout the Island and provide
a safe habita t for BHC clients. The rooming houses
cater to households that need immediate, safe or
emergency accommodation. The Support Services
482 27 February 2023 Official Hansard Report

Bermuda House of Assembly Department holds regular rooming- house meetings to
listen to concerns and address complaints from the
residents of the faci lities.
Mr. Chairman, the satellite offices at the lar gest rooming houses at Southside are charged with regular meetings with clients who have fallen on hard
times. The support given includes economic, social
and psychological guidance to occupants to as sist
them in graduating out of the facility into more trad itional Bermuda living.

Gulfstream Multi -Unit Rooming Housing
Southside, St. David’s

Mr. Chairman, the
Gulfstream multi -unit rooming house comprises 79
rooms and curr ently houses 49 families from various
backgrounds. Some families have adjoining rooms to
ensure adequate privacy for parents and children. The
Gulfstream residents are appreciative of the opportunity, and regular house meetings are held to listen to and al lay concerns before they become problematic.
Mr. Chairman, refurbishing work is underway
at Gulfstream to improve the overall condition of the
rooms and the infrastructure of the building. The r efurbishing will be done in phases as we work on six
rooms per phase and move clients once each phase is complete. Once complete, each room will have its
own washroom, which will allow for greater privacy
and security. At this point, we are pleased to report 12
rooms have been completed and tenants have been
or wil l be moving into these refurbished units shortly.

Langley House Multi -Unit Rooming Housing
Southside, St. David’s

Mr. Chairman, Building
632, better known as Langley House, is a 63- bedroom
rooming house facility located at S outhside, St. D avid’s. The rooming house is used specifically to house
men in need of affordable, safe accommodation.
There are currently 55 men residing in the rooming
house. The Corporation has qualified social workers working out of the satellite offices, including a former
police officer, to monitor and correct any antisocial
behaviours.
Similar to the work at Gulfstream, we are in
the process of carrying out refurbishing work at Lan gley House. Work has begun on the plumbing, which will include new was hrooms and showers, followed by
kitchens and laundry, and then to refurbishment of the individual rooms.

Beacon Hill in Somerset

The Corporation is in
the proces s of transforming the Harmony Club property into studio, one- bedroom and two- bedroom units
which will include intergenerational living for those 50
years and older who are mobile and can live independently. As previously stated, construction is un-derway on Block B, with Blocks D and E to commence
within a few short weeks.
Harmony Club property is also used as the
Hustle Truck offices, warehouse storage for BHC m aterials and the Bonnie- Jean Tweed House used to
provide emergency accommodation for persons in immediate distress or in need of immediate rehousing.
The construction complete on the lower floor, we are
now able to help two additional families with the two
new two -bedroom units.
The Board of the Bermuda Housing Corpor ation approved the renaming of t he emergency accommodations at Harmony to be known as the Bonnie-Jean Tweed House in honour of Ms. Tweed, who
passed in 2021, to recognise her incredible 38 years
of outstanding service and commitment to the Berm uda Housing Corporation, its clients and fel low emplo yees. Her calm demeanour, positive attitude, patience and passion to help others served as an example to
all of us. A dedication service is planned to take place
in the coming months.

BHC Staff

The Bermuda Housing
Corporation’s Head Office is located at the Seven
Arches Building (East Entrance), 44 Church Street in
the City of Hamilton and presently consists of 43 per-sonnel. Of that total, four H.U.S.T.L.E. Truck members
operate from office space at the Harmony Club. And
four staff members, under the Support Services and
Property Operations direction, operate off site at a
satellite office in the Southside complex.
The current structure of BHC consists of seven departments:
1. Project Management;
2. Property Operations;
3. Finance, Collections and Home Ownership
Services;
4. Support Services;
5. Administration;
6. Human Resources; and
7. H.U.S.T.L.E. Truck

Project Management

Mr. Chairman, the Pr oject Management Department consisting of three emBermuda House of Assembly ployees assis ts with advice regarding major repair
work necessary on existing buildings owned by the
Corporation to ensure longevity of the Corporation’s
assets. The department has recently been restructured with the project managers overseeing the mult iple dwellings t hat come under the BHC remit to ensure that effective and cost -conscious maintenance
programmes keep the units in safe and healthy states.
They also are responsible for initial drawings
of projected capital projects as well as the project management of the properties through to completion. As mentioned previously, with the economic stimulus
grant, residential building programme, repairs and
renovations of the rooming houses, day -to-day work
on our rental units including make- readies, this team
performs to the highest standards.

Property Operations

Mr. Chairman, the
Property Operations Department is responsible for the
maintenance of BHC’s housing stock of approximately
700 units including the rooming houses Island- wide.
The department’s responsibilities include the regular
maintenance of buildings under the control of BHC
and providing advice and assistance to clients of BHC
on housing- related matters.
The department comprises three property officers, five maintenance officers and one administr ative assistant. The department conducts regular
maintenance checks of buildings under the management of the Corporation and is responsible for small
maintenance works along with coordinating more diff icult tasks with trusted and able c ontractors.
Last year the Property Operations Department
completed approximately 2,438 maintenance r equests. The requests for maintenance that this cap able department handles are wide ranging. They tackle
everything from simple plumbing, electrical, water,
sewage and roof repairs, to landscaping, painting,
flooring and major renovations.

Finance Department

The Finance Depar tment has a total staff of nine employees, consisting of
one finance manager and two assistant finance managers, one responsible for reporting and the other for
IT; one accounts supervisor; three finance officers;
one IT assistant; and one cashier.
The Finance Department carefully monitors
the Corporation’s spending and compliance, ensuring that policies and procedures are adhered to and that
clients act responsibly in paying their bills in a timely
manner. The Finance Department fields questions of
a financial nature, provides mortgage advice and as-sists clients with understanding their financial oblig ations to the Corporation.
Support Services Department

The Support Services
Department is the department responsible for ensu ring that adequate housing is found for BHC clients.
The department conducts regular inspections of B HC
housing inventory to ensure clients are compliant with
their rental contracts. The department consists of 10
persons, one manager, two rental case workers, two
transitional house case workers, one junior transitional
house case worker, three rental inspectors and one intake officer.
There is a current wait list for BHC accomm odation of 125 clients. This number is steadily increasing year over year. The Support Services Department
offers a myriad of services to clients that include money management, housekeeping, social and behav-ioural problem eradication, child care, and health and
safety guidance. In addition, the department offers
advice on support from other agencies that stand
ready to assist clients who are in need of professional
counselling.

Administration

The H.U.S.T.L.E.
Truck programme has proven itself over the years,
assisting unemployed persons who actively seek
work. The H.U.S.T.L.E. Truck Headquarters operates
out of the Harmony Club and caters to 20 temporary
employees per week. The H.U.S.T.L.E. Truck conti nues to be of valuable as sistance to Bermuda with the
ability to adjust to the needs of the community as they arise.
The H.U.S.T.L.E. Truck programme allows 20
people per week through the year, with persons able to remain in the programme for up to three months per
year, taking one week off each month to seek regular employment. At this level the Corporation is able to
rotate through approximately 260 different people per
484 27 February 2023 Official Hansard Report

Bermuda House of Assembly year. The programme is available for any unemployed
Bermudian.
The H.U.S.T.L.E. Truck Office keeps a dat abase of information on the unemployed and their skill
sets for the specific purpose of making a good fit
when partnering with employers. The H.U.S.T.L.E.
Truck office regularly receives requests from emplo yers for qualified and suitable potential employees. U pon receipt of requests, the database is checked, and those persons who have the required qualifications
are sent on interviews in the hopes of achieving full -
time traditional employment.
The H.U.S.T.L.E. Truck has fundamentally
replaced the bulk waste pi ck-up section that was
closed in the Ministry of Public Works, by collecting and cleaning neighbourhoods of illegally dumped bulk
waste items such as mattresses, sofas, furniture and
appliances on a weekly basis.
Mr. Chairman, the Bermuda Housing Corpor ation continues to play a very important role in Berm udian society, assisting vulnerable people including
seniors, mental health patients, inmates, young people and those who have fallen on hard [financial]
times. That is exactly what the team at the Corpor ation did and will continue to do as we move through
these times of economic uncertainty, supply chain
shortages and increases in world prices. There is a direct relationship in that the more difficulties Bermuda
encounters, the more there is a need for the services
provided by the Bermuda Housing Corporation.
In closing, I would like to thank the board of
directors, management and staff of the Bermuda Housing Corporation for the tremendous work they do. Mr. Chairman, with those comments, I will
now mov e to Head 68, the Department of Parks.

Mr. Chairman, the D epartment of Parks is responsible for the administration
of protected areas listed under the Bermuda National
Parks Act 1986 [the Act ], specifically Class B Amenity
Parks which catalogues 76 different parks and railway
trails. The department’s mission statement is to see
the management and preservation of environmental,
cultural and recreational r esources for education,
health and enjoyment by patrons.
Mr. Chairman, parks, beaches, nature r eserves and Railway Trails can be a conduit for phys ical and mental well -being. The women and men of the
Department of Parks who are involved in the care, maint enance and development of Bermuda’s National
Parks are an integral part of the support system that
ensures a healthy lifestyle for residents and visitors alike.
To protect these areas, the d epartment enforces the Bermuda National Parks Regulations 1988 through the Park Ranger Service ultimately to protect,
conserve and preserve open spaces for present and future generations. Additionally , as some of the Amenity Parks listed in the Act have accompanying beac hes, in the peak spring and summer season the d epartment provides highly trained and professional lif eguard services at four public beaches , those being
Horseshoe Bay, John Smith’s Bay, Clearwater Beach and Turtle Bay.
Mr. Chairman, t he department also has the
responsibility of landscape and horticultur e maint enance of roadside verges, school grounds, clinics, rest
homes, post offices and other g overnment properties
such as Clifton, The Laurels, Montpelier, and Go vernment House. The d epartment has the added r esponsibility for propagating, planting and caring of
plants at government -owned properties.
Furthermore, Mr. Chairman, the d epartment
provides vital support assistance to the Emergency
Measures Organi sation and other government mini stries following the passage of hurricanes and storms
to ensure that Bermuda returns to normal business as quickly as possible [ in a safe manner ].
Mr. Chairman, the value of this department to
protection of our environment, natural resources, open spaces and cultural resources cannot be [over stated ].
With that in mind, I am pleased to state that the Current Account Expenditure estimate allotted to the D epartment of Parks for the 2023/24 fiscal year, as seen
on page B -221, is $9,726,000, which represents a
$268,000 increase (or 3 per cent ) over the prior year’s
original bu dget of $9,458,000. The increase is primar ily reflective of wages for posts that were previously unfunded. In addition, Mr. Chairman, as seen on page
B-223, the Department of Parks has 134 full -time
equivalent established posts within its remit for
2023/24. This is the same as the current 2022/23 year. The actual number of filled posts is 104.
Mr. Chairman, estimated revenues for the
department of $142,000, as listed on p age B -222, lists
the sources which include the following:
1. special permit fees ;
2. campin g permit fees ;
3. concession fees for small businesses operating at designated parks and beaches ;
4. voucher payments for native and endemic
plants from the stock at Tulo Valley Nursery ;
and
5. admissions to Fort St. Catherine.
Mr. Chairman, the d epartment’s estimated
revenues for 2023/ 24 are projected, as I said, at
$142,000 from the current fiscal year.
The department experienced a significant i ncrease in the booking of special permits during the 2022 /23 period, as residents and tourists took advantage of t he protected areas for functions during the
peak spring and summer months . The department
anticipates maintaining these levels in 2023/ 24 with
the 220- plus cruise ship visits scheduled for 2023.


Bermuda House of Assembly Mr. Chairman, I now report on the operations
of the Parks D epartment for the upcoming 2023/24
fiscal year as found on page B -221. Mr. Chairman, the
department budget is divided into the following pr ogrammes:
1. Park Service —6801;
2. Lifeguard Service—6802;
3. Park Maintenance—6803 ;
4. Administration— 6804; and
5. Forts —6805.

Programme 6801— Park Services

Mr. Chairman, as
aforementioned, the Park Ranger Service (p rogramme 78000) holds the responsibility for enforcing
the regulations associated with the National Parks.
The section continues to have a good working
relationship with the Bermuda Police Service [BPS],
primarily the Community Action Team which has pr ovided valuable assistance when any Regulations are
infringed upon. However , it should be noted that
abandoned vehicles and boats in parks r emain a
problem. The d epartment continues to work diligently
in addressing these issues.
Mr. Chairman, the Park Ranger Service also
works closely with the Friends of the Bermuda Rai lway Trail, KBB, the Association of International Com-panies [ABIC ], the B ermuda Bicycle Association and
the Fat Tire Massive Mountain bike groups who, year -
round, have provided assistance in maintaining wal king trails for the community in designated protected
areas such as the Railway Trail, Hog Bay Park, Southlands Park, Admir alty House Park, Coney Island
and Ferry Point Park.
Mr. Chairman, the budget allocation for the
2023/24 fiscal year is $487,000, a reduction of
$10,000 from the current fiscal year. Regarding performance measures for this section, seen on page B -
224, the Government continues to move beyond the
pandemic ; therefore, it is anticipated that the number
of camping and special permits will increase.

Programme 6802— Lifeguard Service

Mr. Chairman, the

Lifeguard Service (programme 78010) on page B -221
continues to provide the lifeguard and water safety
support to not only residents and visitors at local
beaches but also the swim portion of the Bermuda
Triathlon Association. As the Government is expecting
an increase in visitation, especially in cruise line calls ,
and the expansion of the season into November, the
department is anticipating an increased need for lif eguard services. Therefore, the budget allocation of
$708,000 represents a $246,000 boost in funding pr imarily to meet the s taffing demands of the season.
Mr. Chairman, if Honourable Members were
to turn back to page B -224 (Performance Measures), they would notice that the target outcomes for this
business unit are not listed. This is because due to the
nature of the unit, it is difficult to predict. For example,
item 5 lists that the predicted number of preventive
actions taken was estimated at 2,900 for the 2022/23
fiscal year. However , in actuality, this number was
16,964— almost six times greater than the target ou tcome.
Additionally , Mr. Chairman, with regard to
items 2 to 7 as listed , it is unrealistic to target saving
or applying medical aid to a certain number of people.
Now this is not saying we cannot predict or prepare
for the number of people who may need assistance,
because in fact this already occurs —as mentioned in
the rationale for increasing funding. Specifically , we
are not making it a target goal to save “X” number of
people in a fiscal year. We will save them all, Mr.
Chairman! Or at least try to. Simply put , Mr. Chairman
with this current method, in order to see if the service
is performing it relies entirely on the fact that people
(be they residents or visitor) are placed in danger first.

Programme 6803— Parks Maintenance

Mr. C hairman, now
moving to the Parks Maintenance section. As reflec ted on page B -221, this section comprises nine different programmes and holds the responsibility of day -
to-day maintenance of the national parks. The co mbined budget will be $6,659,000. This is a decrease of
$275,000, or 4 per cent, from the current 2022/23
budget. The reasoning for this decrease is wholly a ttributed to the partial funding for vacant positions.
Mr. Chairman, Government House and Camden programme ( 78015) has been allocated
$255 ,000, a decrease of $57,000.
The Maintenance & Development programme
(78020) has been allocated $902,000, a decrease of
$53,000.
Mr. Chairman, the Eastern Parks programme
(78030) has been budgeted for $936,000, a slight uptick of $23,000 to account for i ncreases in overtime
and acting pay , as again there are vacancies which
cause the need for overtime work.
Tree Service programme (78035) has been
allocated $571,000 , a decrease of $11,000.
The Western Parks programme (78040) has
been allocated $1,407,000 , a decrease of $18,000.
Mr. Chairman, the School Grounds pr ogramme (78045) has been budgeted for $515,000 , a
decrease of $94,000.
Tulo Valley Nursery programme (78055) has
been budgeted for $399,000, reflecting an increase of
$1,000.
The Botanical G ardens & Arboretum pr ogramme (78065) has been allocated $1,359,000 , a
decrease of $66,000.
486 27 February 2023 Official Hansard Report

Bermuda House of Assembly And finally , Mr. Chairman, the Railway Trail
programme (78100) has been allocated $320,000, the
same amount as the prior year.
Mr. Chairman, as a reminder , these changes
are wholly staffing related. The d epartment is in the
recruitment process to fill vacancies within; however , it
is expected that individuals would not be able to be
hired until the latter stages of the year as it takes time
for government’s interv iewing and vetting processes.
So, the positions have been partially funded for six
months.
In relation to p erformance measures for this
section, as seen on pages B -225 and B -226, there is
an increase on a whole attributed to the soon- coming
increase in s taffing levels.

Programme 6804— Administration

The Administration
and Planning programme ( 78050) is the hub of the
department and encompasses the Park Planning section. This includes the drafting of park management
plans , licenses, and leases for concession operations ,
in addition to capital project oversight, parks assets
analysis and other key operational activities. Mr.
Chairman, the budget allocation for this section is
$1,395,044, an increase of $286,000, or 26 per cent .
This increase is due to funding for three vacant posts.
The target outcomes for this section remain
the same overall , as seen on page B -225; however ,
attention is drawn to line item 8. Similar to the lif eguard rationale, the department cannot predict th e
number of applications received by another d epartment who hold ultimate responsibility. Therefore, this
metric will turn into a reporting function rather than a
goal for the d epartment to aspire to.

Programme 6805—Forts

Mr. Chairman, the
primary function of the Forts and Historical Sites pr ogramme (78080) is to manage the historical forts
across the Island including Fort St. Catherine , which
forms a part of the UNESCO World Heritage Site. The
department will continue to wor k with industry partners
such as the Bermuda Tourism Authority and other
local agencies to maintain, promote and market Fort
St. Catherine. To support the protection of these i mportant cultural assets, the allocation of $477,000 will
be granted for the 2023/24 fiscal year. This represents
an increase of $21,000, or 5 per cent, for additional
staff training and additional maintenance for the f orts.
Before I move on, Mr. Chairman, it would be
remiss of me not to mention the partnership formed between the d epartment and the St. George’s Fou ndation who have provided volunteers who assisted in
the repairing of resources such as the Magazine at Ferry Point Park , and culling invasive plant species at
Ferry Island Fort, Fort Cunningham and Fort Albert. I thank thos e individuals for their support , and the d epartment looks forward to growing this relationship in
the near future.

[Desk thumping]

Capital Developments

Mr. Chairman, for the
2022 /23 fiscal year , there were significant improv ements relating to the upgrading of the wooden and
chain link fencing in parks to ensure the safety and
health of those utili sing these facilities, and the refurbishment of the park gat es. Adding to this , the department supported the Pigs Field Family Connection
with a replacement playground for Pig’s Field Park
after the structure was destroyed by arson. These on-going improvements will be completed in the 2023/ 24
fiscal year . In addition , Mr. Chairman, for the 2023/ 24
fiscal year again through both its operational and capi-tal allocations the d epartment will see major capital
projects including but not limited to:
1. completion of repairs to the boat ramp at
Stone Crusher Corner in Kindley F ield Park;
2. installation of a dog park in the Happy Va lley
Park;
3. commencement of the redesign for the main
parking lot at the Arboretum;
4. installation of high -tech security cameras to
enhance safety at Horseshoe Bay and South
Shore Park; and
5. improv ements to the Botanical Gardens infr astructure inclusive of the upgrading of the co llections, benches and picnic tables being r eplaced, and fencing installed to control traffic
and parking.
To accomplish this , Mr. Chairman, the d epartment has been allocated $450,000 to its Park I mprovements line ( 75101), as seen on page C -6.
Mr. Chairman, since 2016 the Department’s
Headquarters has been temporarily located to the first
floor of the Global House in Hamilton after the former
building fell into disrepair. This temporary location in
the Global House is not conducive or practical to the
needs of the department . Therefore, Government has
allocated $800,000, as seen on page C -6, to the department for the advancement of design works for a
new purpose- built head quarters and maintenance f acility at the Marsh Folly site.
Mr. Chairman, I take this opportunity to thank
the staff of the Department of Parks, who have nav igated through a variety of professional challenges inclusive of reduced resources necessary to function
to the highest industry standards.


Bermuda House of Assembly As I close on the Department of Parks , Mr.
Chairman, I must mention the Skills Development
Programm e [SDP]. A lthough not a designated budget
programme within the department, it has proven quite
successful in devel oping persons with the passion for
landscaping, which has successfully garnered the
support of industry partners. The programme has
been immensely beneficial to the Ministry and the department. The Skills Development Team has been
involved in the following : landscape maintenance of
the Railway Trails, l andscape maintenance of major
and minor roads, as well as Tribe Roads.
At present, members in the p rogramme are
supporting department units who are short -staffed and
are gaining practical experience in placements at B otanical Gardens, Woodlands Management, Tree Service and West Maintenance where the group has pr ovided works at Watch Hill Park, Spittal Pond Nature Reserve and Mary Prince Park. Out of the last cohort ,
Mr. Chairman, five graduates were hired as full- time
staff within the Department of Parks while the remai nder are being assisted to find jobs in the private sec-tor.
Mr. Chairman, since preparing this brief I have
had a further update on the Skills Development Pr ogramme that I would like to share. This is really exci ting and good news.

Mr. Parris advised he
now has a waiting list since the programme has be-come so popular. And further, both senior schools
have contacted the SDP team and asked if some of their students can come on Fridays as part of their
day release programme. SDP also has a waiting list
for the schools. In addition, several students, parents and teachers have expressed an interest in a summer
programme with the SDP. The new SDP participants
will be doing health and safety seminars in landscape
with the Ministry’s Safety and Health Officer, Mr. Derrick Simmons, this week. These courses will be held
at the Ministry Headquarters.
This year the participants will train in Botanical
Gardens, Tulo Valley, Government House, Arboretum,
Port Royal, Mid Ocean, Marsh Folly, Gibbons Gardens, Coral Beach, St. George’s Corporation and Park Rangers. The five newly employ ed SDP partic ipants are doing quite well in their permanent roles, and the feedback received has been positive from the foremen and workers, which proves this programme
works.
Mr. Chairman, this now concludes my presentation for the Department of Parks Head 68, and I will
now turn to Head 81, the Department of Public Lands and Buildings.

Mr. Chairman, the
mission statement of the Departm ent of Public Lands
and Buildings states it is their responsibility To effe ctively manage government property and provide national mapping to enable the delivery of effective public services.
Mr. Chairman, the Department of Public
Lands and Buildings is r esponsible for managing the
Government estate of over 2,000 acres and some 750
buildings. The land and buildings used are diverse
and include key public buildings ; primary, middle and
senior schools ; police stations and post offices to
government -owned res idential properties ; the two
lighthouses ; farms ; beaches ; and various islands. In
addition, in 2023/24 the department will be managing
75 leases held from the private sector and the go vernment quangos to provide public services at approximately $9,651,000 per annum in rent payments by
the government as a tenant as noted on pages C -5
and C -7.
The department has a critical support role to
all ministries and departments to ensure that their
property resources are met in order for them to pr ovide services to t he public.
Mr. Chairman, I will highlight through my
presentation the four p rogrammes or sections within
the department, as well as the plans for the upcoming
fiscal year that are designed to meet those respons ibilities.
Mr. Chairman, on page B -227 you will note
that there are four main p rogrammes for the Depar tment of Public Lands and Buildings , which are as follows:
• 8100 —Administration ;
• 8101 —Buildings ;
• 8102 —Estates ; and
• 8103 —Land Surveys .

The total budget allocated to the Department of Public Lands and Buildings is $21,762,000 for fiscal year
2023/24, as compared with $20,410,000 that was originally budgeted for the fiscal year 2022/23. This
represents an increase of $1,352,000. The increase of
approximately 6.68 per cent is due to additional costs
for filling vacant core posts that were unfunded in
2022/23, and for the additional expenses of materials
488 27 February 2023 Official Hansard Report

Bermuda House of Assembly and works for maintaining the ageing inventory of
government buildings.
The total established full -time equivalent
[FTE] in 2023/24 as shown on page B -228 stands at
167, which is the same as the current year ; however ,
the actual number of employees is 135.
Mr. Chairman, the budget in 2023/24 for the
Programmes Department is as follows:
• 8100 —Administration , $542,000;
• 8101 —Building s, $9,399,000;
• 8102 —Est ates, $11,492,000; and
• 8103 —Land Surveys Management , $329,000.

This compares with the revised budget for the
same programmes for fiscal year 2022/ 23 of the following :
• 8100 —Administration , $667,000;
• 8101 —Buildings , $8,774,000;
• 8102 —Estate s, $10,645,000; an d
• 8103 —Land Surveys Management , $324,000.

Program me 8100— Administration and Training

Mr. Chairman, p rogram me 8100, Administration and Training , has a total
budget of $542,000. Its objective is to provide senior
management l eadership and administrative support
for the Estates and Buildings Sections . This program me is split between two cost centres, namely ,
91000, which is Administration at $247,000; and
91001, Training and Apprenticeship at $295,000.
Mr. Chairman, the Admini stration cost centre
91000 has a specific budget allocation of $247,000 ,
the same as 2022/23. T he Training and Apprentic eship cost centre 91001 has a specific budget alloc ation of $295,000 for fiscal year 2023/ 24, This repr esents a decrease of $125,000 fro m $420,000 in
2022 /23. I am pleased to note that in 2021/ 22 the department filled the two vacant estates surveyor trainee
posts. Since then , one of the trainees has successfully
become a locally Registered Chartered Estates Sur-veyor and destined to fill a substantial post after their
three- year post -qualification requirement. The other
trainee has completed their first year of studies and is
steadily progressing.

Program me 8102— Buildings Section

Mr. Chairman, the
Buildings S ection, 8101 has a total budget of
$9,399,000. The Buildings Programme is split between two cost centr es, namely , 91002 —Services
Management at $1,097,000; and 91003—
Maintenanc e at $8,302,000. T he Buildings Pr ogramme as seen on page B -227 has a mandate to
effectively manage the maintenance, repair and ren ovation of all Government buildings . This program has
a total budget of $9,39 9,000, an increase of $625,000
from the $8,774,000 [allocation ] during fiscal year 2022 /23. This increase is due to the realignment of
work units and levelling- up of inequalities in salaries of
facilities maintenance manager positions.

Achievements 2022/ 23

Mr. Chairman, I would
like to highlight some of the achievements of the D epartment of Public Lands and Buildings during the
2022 /23 fiscal year and the plans for the 2023/ 24 fiscal year. The Buildings Section attended to over 3,502
help desk building maintenance calls in the last financial year together with planned service works and capital works of all of its facilities. In addition, the depar tment ’s building surveyors and architectural staff managed works under the budgets for Public Works and
other ministries and department s including Heath,
Corrections, Child and Family Services, Police and
the Ro yal Bermuda Regiment , amongst others.

Programme 8102— Estates Section

Mr. Chairman, the E states Section under programme 8102 provides property- and land- related management service to all government ministries and departments, as well as the
general public. This service includes insurance, acquisition, leasing, rental and disposal of land and
property across the Island. The section is the custod ian of the I sland ’s foreshore and seabed and is r esponsible for licenses and leasing of the same. The
Estates Program me is split between two cost centr es,
namely , 91004—Property Asset Management at
$5,617,000; and 91005 —Insuranc e at $5,875,000 .
Mr. Chairman, the Estates Section has a total
allocation of $11,492,000 for fiscal year 2023 /24 as
compared with $10,645,000 for fiscal 2022 /23, as
seen on page B -227. This represents an increase of
8 per cent, or $847,000. The increase reflects the rise
in electricity costs and the anticipated increase in i nsurance coverage.

Programme 8103— Land Survey Management

Mr. Chairman, I now
move to p rogramme 8103, Land Surveys, with cost
centre 91007 as found on page B -227. This pr ogramme has a budget allocation of $329,000 for fiscal year 2023/ 24, as compared to a 2022/23 budget of
$324,000. The nominal increase of $5,000 is for specialist equipment and mapping software.
This section provides traditional and specialised land and hydro- geographical surveying expertise
for the Bermuda Government; for example, the s ection es tablishes, maintains and updates a national
control monument network across Bermuda, ensuring
that private land survey companies have a standar dised and internationally compatible coordinate system
to utili se. The s ection is responsible for the national


Bermuda House of Assembly mapping and geographical information support services for all public services. This section has also taken on a role to collect and process hydrographic data,
which was previously contracted out to international
companies.
The Land Survey Section also provi des in -
house land survey services for Public Works engineering and building projects.

Capital Works Plans

Mr. Chairman, for
2023 there are several planned capital works that will take place across the various capital cost centres . The
capital budget for 2023/24 has $2,750,000 under cost
centre 75309, as found on page C -6, for All Schools
Maintenance and will be spent on annual scheduled
improvements, repairs and painting works to our
schools.
Mr. Chairman, s chool facility ma intenance
continues to be a top priority for the department . The
Buildings and Estates Sections are working closely with the Education Department on aligning school
buildings with the longer -term strategic plan for the
Bermuda Public School System. Whilst the Education
Plan calls for some schools to be closed, the infr astructure must still be maintained as part of the government estate so that it is available for future altern ative uses outside of education. The first options to be
considered will be for public services.
The works planned for 2023/24 include the
following :
1. interior painting to one school ;
2. both interior and exterior painting to six
schools ;
3. HVAC improvements to all schools during the
summer vacation; and
4. improvements to site works and boundary
walls.
Mr Chairman, the 2023/24 allocation for cap ital cost centre 75112 for Major Buildings Upgrade Projects is $3 million . This account enables the department to carry out major works to improve and r edevelop facilities to moderni se and to make them fit
for purpose and meet statutory compliance. Whilst
there may be times when the demand for work over-shadows the budget, the department strives to prior itise these works for the most effective use of the capital funds available.
The works under this acc ount for 2023/ 24 include
1. replacement of the elevator at Global House;
2. improvements to bathrooms at Warwick
Camp;
3. replacement and upgrade of the air -
conditioning system for offices in the Gover nment Administration Building; 4. improvements to lobbies and comm unal areas
at Global House and Government Administr ation Building;
5. improvements for accessibility at the K . Margaret Carter Centre;
6. various improvements to buildings in the B otanical Gardens ;
7. completion of the rebuilding of the Carpentry
Shop at the Public Works Quarry ;
8. Refurbishment of Gibbs Hill and St . David’s
Lighthouses ; and
9. completion of the design, permit and tender
stage for the redevelopment of the north yard
of Marsh Folly for a new Parks maintenance
facility.
Mr. Chairman, a new capital budget has been
introduced for 2023/24 in the amount of $140,000 for
the installation of the charging infrastructure required
to support the Government ’s initiative to move t owards electric vehicles for the government fleet. A
central location in Hamilton has been selected at the
car park just off of Dundonald Street adjacent to Hamilton Hea lth Centre, which will be the central location
for charging government vehicles.
Mr. Chairman, in 2022/23 the department continued work under capital code 75357 for the instal lation of roof -mounted solar photovoltaic panels to four
key government properties : the Government Admi nistration Building, the General Post Office Building in
Hamilton and the Department of Public Transportation
Depot in Devonshire which is nearing completion. The
fourth and final stage in 2023/24 of the project will be
the completion of rooftop s olar panels on the
Transport Control Department Building in North Hami lton. An allocation of $400,000 has been included to
complete the project in 2023/24 with al lowance for
design fees for the next phase of the rooftop solar
programme.
Mr. Chairman, continuing the Government’s
strategy to transition the Island to renewable energy, the Department of Public Lands and Buildings issued
a request for a proposal for r ooftop solar PV systems
for an additional 32 government buildings. The pr ocurement will be financed through an equipment lease
arrangement and as such will not place additional demand on the g overnment’s capital budgets in
2023 /24.
Being a large capacity , six-megawatt aggr egated solar development project, the g overnment will
benefit from the associated savings due to the r educed cost of electricity. In addition, this project will be a driver for employment and training in the renewable
energy sector. The department worked with RMI (formerly known as Rocky Mountain Institute) for their inkind technical support for this project. It is expected
that a contract on an equipment lease basis will be
awarded by August 2023 requiring no capital expendi-ture from the government. The cost of the lease of
490 27 February 2023 Official Hansard Report

Bermuda House of Assembly equipment will be covered by the savings in the electricity costs.
Mr. Chairman, c apital budget 75327 has been
allocated a sum of $138,000 for the completion of a
project for the installation of sewage pumps and sept ic
tanks and borehole for the Horseshoe Bay Beach
House and public bathrooms. This infrastructure will
support Horseshoe Bay as it is the Island’s premier
public beach facility.
Mr. Chairman, for 2023/24 capital budget account 75180, Indoor Air Quality/Environment , has
been allocated a sum of $300,000. This fund enables
the department to carry out testing and abatement of
hazardous materials such as the removal of asbestos
cement roofing sheet and vinyl asbestos floor tile di scovered in buildings during al terations. Mo uld abat ement and remediation of other hazardous materials are also carried out under this account.
Mr. Chairman, Office Relocations Capital , cost
centre 75099, for 2023/ 24 has a sum allocated in the
amount of $2 million and is unchanged from 2022/ 23.
This capital budget account allows for the planning
and fit -out costs for moving and improving g overnment offices. For 2023/24 this budget account will e nable the completion of the relocation of the Planning Department from Level 5 at Dame Lois B rowne- Evans
Building to the Bermuda Housing Corporation’s office
building at 44 Church St reet [in Hamilton ].
This move will assist in the consolidation of
the courts at Dame Lois Browne- Evans Building and
enable the plan for the Supreme Court to move out of
its current location. In addition, there are planned i mprovements to offices at Global House and the Go vernment A dministration Building.

Public Lands and Buildings Performance Measures

The key points on the
performance measures for the Department of Public
Lands and Buildings are as follows: The department
continues with its programme to find uses for vacant
properties in the g overnment estate. It is expected
that at least five reports on vacant buildings will be
presented with options for future use this next fina ncial year. The buildings at Southlands Park have been
put out to tender for expressions of interest and pr oposals that will be agreed later this year. The timely
renewal of agreements for leases -out with the government as landlord and leases -in for accommodation
from the private sector with the government as tenant
is a priority for the department for 2023/24.
The department is proud of its record for i nspecting and reporting on all properties after a hurr icane wi th the assistance of the mobile reporting app
which enables all buildings to be inspected within 48 hours of a hurricane. The same mobile app also ex-pedites the annual inspections of all properties across
the estate. Mr. Chairman, as I conclude the budget brief
for Head 81, the Department of Public Lands and
Buildings, I would like to take this opportunity to rec-ognise all of the staff in the department and thank
them for their hard work of maintaining the support
facilities that enable the delivery of public services.
I will now move to the final head, Head 82,
Works and Engineering, Mr. Chairman.

[Pause]

HEAD 82 —WORKS AND ENGINEERING

Mr. Chairman, the
mission of the Department of Works and Engineering
is, To ensure the effective and prudent management
of all engineering services relating to the construction,
erection, improvement, maintenance and repairs of
Government infrastructure and the operation of essential water and waste treatment services .
The Department of Work s and Engineering is
responsible for the provision of essential services to
the Bermuda public and the maintenance of highly
visible major elements of the government infrastructure. The range of varied and unique activities co vered by the department includ es garbage collection
and disposal, road maintenance and repairs, bridge
maintenance, government vehicle maintenance, as
well as safe water extraction, treatment and distrib ution.
Services such as safe disposal of hazardous
substances, disposal of vehicles and construction m aterials, recycling, composting, the maintenance and
repairs of the government’s infrastructure, which i ncludes roads, bridges, docks and street lighting, are
also carried out by this department .
Mr. Chairman, there are seven operational
sections of the department : Highways, Structures,
Electrical/Mechanical, Solid Waste, Water/
Wastewater, Tynes Bay Waste- to-Energy Facility and
the Quarry Facility . All of them are critical to the effective operation and maintenance of the g overnment’s
infrastructure. It is within this framework that I present
the Works and Engineering Department’s Budget Brief
for fiscal year 2023/24.
Mr. Chairman, I will now present the seven
programme areas, each with a number of subprogrammes , or cost centres, as shown on pages B -
231 and B -232 of the Estimates of Revenue and E xpenditure, namely:
1. Programme 8200— Administration;
2. Programme 8201— Engineering;
3. Programme 8202—Highways ;
4. Programme 8203— Waste Management ;
5. Programme 8204—Quarry Transport ;
6. Programme 8205—Quarry Pr oducts ; and
7. Programme 8206— Water and Sewage .




Bermuda House of Assembly 2022/23 Operational Budget

Mr. Chairman, the estimated budget for the Department of Works and E ngineering for the 2023/24 fiscal year is $31,114,000,
which represents an increase of $3,398,000 from the
2022/23 original budget level. This increase is owed to
the funding of previously unfunded posts in key departments such as Highways, the Government Quarry
and Tynes Bay. For clarity, these are the funding of
existing posts and not t he addition of new post s,
meaning there is no increase in the number FTEs (or
full-time equivalents ).

Programme 8200— Administration

Programme 8200,
Administration, on page B -231, provides for the sal aried senior management team of the department . The
mandate of the senior management team is the eff icient management of the seven sections of the Mini stry. Mr. Chairman, a $376,000 budget has been all ocated for fiscal year 2023/24. This represents no change from 2022/23. Referr ing to the performance
measure under business unit 92000, Administration ,
(page B -234) for fiscal 2022/23, the total Occupational
Safety and Health Administration [ OSHA] accident
frequency rate for the department is currently 4.1. The
average number of training days per managerial staff member is forecast to be two. Mr. Chairman, the full -
time equivalents for the c ost centre 92000 , Admi nistration , is one. This is no change from the revised
2022/23 budget.

Programme 8201— Engineering

Mr. Chairman, the
mandate of the Engineering Services Programme
(page B -231) is to provide quality electrical, mechanical and structural engineering services. A budget of
$1,370,000 has been allocated for this p rogramme,
representing no change compared to the 2022/23
budget.
The programme includes cost centres 92001,
Electrical and Mechanical Management ; cost centre
92002, Electrical Support ; and cost centre 92003,
Structures. The Electrical/Mechanical Management
and Electrical Support (92001 and 92002) manage the
provision of planning, design, construction, installation and maintenance services for electrical and mechanical systems associated with the g overnment's facil ities.
Mr. Chairman, c ost centre 92001, Electrical
and Mechanical Management , is estimated at
$582,000, representing an increase of $6,000 from
the original 2022/23 budget. The increase is a result of additional PC hardware for the year. This section
provides support on electrical and mechanical issues to other sections and departments throughout gov-ernment. The full -time equivalents for these two c ost
centres is eight, no change from 2022/23.
Mr. Chairman, cost centre 92002, Electrical
Support , is mainly used to provide the budget for
streetlights. Cost centre 92002 , Electrical , has been
allocated $605,000, which is $54,000 more than last
year, to reflect the increase in electricity cost s.
Mr. Chairman, referring to the performance
measure on page B -234 for cost centre 92002 , Electrical Support , the number of new streetlights to be
installed in fiscal 2022/23 is forecast to be 10. The
performance measure for the average number of
streetlights out of service is forecast to be only 4 per
cent, which is under the desired target of less than
5 per cent per year.
The Structural Engineering Services section,
92003, manage the provision of structural inspections,
design, construction, maintenance, project and co ntract management services , as well as acting as the
government’s functional authority on structural and
related civil engineering matters. The budget for c ost
centre 92003, Structures , is $183,000, which repr esents a decrease of $59,000 against the original 2022/23 budget. The decrease is a result of a reduction in the consultant services budget in anticipation of
hiring new full- time employees. Mr. Chairman, with
regard to the performance measures within business unit 92003, eight inspections have been carried out on bridges and 21 on docks during the year to date. The
full-time equivalent for cost centre 92003, Structures ,
is five, representing no change from fiscal 2022/23.

Programme 8202—Highways

Mr. Chairman, the
mandate of the Highways Programme is to develop and maintain the public road infrastructure to ensure
the safe passage of motorists and pedestrians. This
entails all work associated with the planning, design and construction of road schemes and includes activ ities such as resurfacing, drainage, signage, road
markings, retaining walls and bus shelters. They are
also mandated
• to provide technical advice to other gover nment ministries and agencies on highway -
related matters;
• to manage the improvement of public roads ;
• to assist citizens with their private road i mprovement needs under the Private Roads
(Improvement ) Act 1969; and
• to act as the government ’s functional authority
on highways engineering- related matters.
Mr. Chairman, a $5,141,000 budget has been
allocated to this programme, representing an increase
of $398,000 as compared to the 2022/23 original
budget. This increase is primar ily due to the re -
establishing of a third road cleaning crew to tackle
roadside vegetation clearing.
492 27 February 2023 Official Hansard Report

Bermuda House of Assembly Mr. Chairman, cost centre 92004, Highways
Management , has a budget of $812,000 , which repr esents an increase of $87,000 compared to the original
2022/23 budget. This increase can be attributed to the
addition of one engineering post. Mr. Chairman, the
full-time equivalents for the cost centre 92004, Highways Management , is nine, no change from last year.
Cost centre 92005, Road Asphalt and Signs ,
budget is $1,172,000, which represents a decrease of
$75,000. Mr. Chairman, the performance measure for
business unit 92005 , Road Asphalt and Signs , shows
that the amount of road cent re line marked out during
fiscal 2022/23 is likely to reach 20 kilometres .
The budget for cost centre 92006, Public
Roads Maintenance , is $1,781,000, which represents
an increase of $65,000 when compared to the original
2022/23 budget. This unit is responsible for the
maintenance of retaining walls, sidewalks and other
masonry works , as well as the highways ’ drainage
systems. This increase is a result of additional
maintenance materials being budgeted for the year.
Mr. Chairman, the full -time equivalents for the cost
centre 92006 , Road Maintenance , is 25, the same as
last year.
The budget for cost centre 92007, Public
Road Cleaning, is $1,376,000. This represents an i ncrease of $321,000 compared to the previous budget year. This increase is from funding for vacant posts
and contractors for additional road cleaning r esources. Mr. Chairman, the performance measure for
business unit 92007, Public Road Cleaning , indicates
that the target for fiscal 2022/23 is 25 k ilometres of
public road cleaned by mechanical means. The full -
time equivalent for the cost centre 92007, Public Road
Cleaning , is 25, the same as last year.
Mr. Chairman, the budget for cost centre
92008, Private Roads , remains unfunded due to
budget constraints.

Programme 8203— Waste Management

Mr. Chairman, the
mandate of the Waste Managem ent Programme,
page B -231, is to arrange for the collection and safe
disposal of Bermuda’ s solid wastes. The aim of the
Waste Management Section is to serve the people of
Bermuda by providing a comprehensive waste management programme, utili sing the best t echnologies
for disposal, recovery of materials and energy r esources, protecting public health and safeguarding the
environment. This includes the following:
• education regarding waste reduction, reuse
and recycling;
• waste recycling;
• waste collection;
• compo sting ;
• land creation;
• high-temperature mass -burn incineration with
energy recovery (Waste to Energy) ; • special and hazardous waste disposal ;
• the management and maintenance of the
Tynes Bay Waste- to-Energy Facility in a reli able, safe and cost -effective manner; and
to act as the g overnment functional authority
on all matters relating to solid waste, env ironmental engineering, waste- to-energy and
process engineering.
Mr. Chairman, a budget of $18,001,000 has
been allocated to this p rogramme for fiscal 2023/24 .
This represents an increase of $1,348,000 as compared to the 2022/23 original budget. This increase
represents additional staffing and maintenance costs
for the Tynes Bay facility , as well as the Waste Management Collections Section.
Mr. Chairman, the budget for cost centre
92009, Management, Education and Enforcement , is
$356,000, which represents a decrease of $15,000.
The full -time equivalent for the cost centre 92009, Solid Waste Management , is three.
Mr. Chairman, the budget for cost centre
9201 1, Recycling, is $1,123,000, which is a decrease
of $1,000 when compared to the original fiscal
2022/23 budget. The full -time equivalents for the R ecycling programme are five, the same as fiscal year
2022/23.
Mr. Chairman, the budget for cost centre
9201 2, Airport Disposal Facility , is $1,153,000, which
is a decrease of $71,000 from last year’s original budget. The full -time equivalents for the cost centre
92012, Airport Disposal Facility , are six, no change
from 2022/23.
Mr. Chairman, the budget for co st centre
92013, Composting Operations , is $1,643,000, which
represents an increase of $52,000 when compared to the original fiscal year 2022/23. The full -time equiv alents for the cost centre remain at 10, no change from
last year. This increase represents the hiring of an
equipment operator post .
Mr. Chairman, cost centre 92014, Special and
Hazardous Waste, has a budget of $1,288,000, which
represents a decrease of $10,000. The full -time
equivalents for the Hazardous Waste section are six,
which is the sa me as the estimate for fiscal 2022/23.
Mr. Chairman, the budget for cost centre
92029, Collections, is $3,459,000, which is an i ncrease of $134,000 when compared to the original
fiscal 2022/23. The performance measure for cost
centre 92029, Collections , indicates that on average
315 t onnes of domestic waste continues to be collec ted during the week. The average number of trucks
available was eight. The full -time equivalent for the
cost centre 92029, Collections , is 59, the same as
previous years.
Mr. Chairman, the Tynes Bay Waste- toEnergy Facility provides refuse disposal and renew able energy for the country. The budget for cost centre
92016, [Tynes Bay Administration,] is $599,000 and
represents an increase of $17,000 from the 2022/23


Bermuda House of Assembly budget. The ful l-time equivalents for the Tynes Bay
Administration section is six, no change from last
year.
Mr. Chairman, the budget for cost centre
92017, Tynes Bay Operations , is $5,852,000, repr esenting an increase of $887,000 from the original fiscal 2022/23 [budg et]. This additional funding supports
a full operation and maintenance team , as well as i ncreased costs of materials and spare parts to ensure
the facility remains in safe operation while large- scale
capital refurbishment works take place. The performance measure for 92017, Tynes Bay Operations ,
anticipates that 47,000 tonnes worth of solid waste will
be processed at the Tynes Bay Waste- to-Energy F acility during fiscal 2022/23.
The amount of electricity generated and sold
to BELCO is forecasted to be 16, 000 megawatt -hours
in 2022/23. At the current power purchase price of
$185 per megawatt -hour, this represents a revenue of
approximately $3 million for the fiscal year. The r evised forecast for the amount of ash concrete the faci lity produced is 3, 200 cubi c yards. Putting this figure
into perspective, this would be the equivalent of 1, 600
heavy truckloads. The full -time equivalents for Tynes
Bay Operations are 31, the same as fiscal 2022/23.

[Ms. Susan E. Jackson in the Chair]

Madam Chairman, the
budget for cost centre 92018 , Tynes Bay Maint enance, is $2,435,000, an increase of $355,000 from
the original fiscal 2022/23. This is a result of increased
parts, contractors and maintenance materials budget.
The performance measure f or cost centre 92018,
Tynes Bay Maintenance, indicates that the availability
of the plant is forecast to be 69 per cent for stream
one, 77 per cent for stream two and 86 per cent for
the turbine , respectively , for fiscal 2022/23. The full -
time equivalent for Tynes Bay Maintenance is 14, the
same as last year.
Page B -231. Madam Chairman, the mandate
of the two Quarry Programmes is, collectively , To
manage the fleet and equipment leasing, mechanical maintenance, quarry operations, and To act as the
Governmen t functional authority on all matters related
to fleet management, vehicle and other mechanical engineering and maintenance activities .

[Pause]

[Ms. Susan E. Jackson, Chairman]

A $2,337,000 budget
has been allocated for this programme for 2023/24,
representing an increase of $1,201,000 as compared
to the original 2022/23 Budget. T his increase is the
result of filling vacant posts and increases in maint enance and parts budgets across the section.
The budget for cost centre 92019, Quarry
Administration, is $653,000, representing an increase
of $137,000 from the original fiscal 2022/ 23 budget .
The full -time equivalent for the Quarry Administration
is three, an increase of two from last year which r eflects a shifting of personnel from [cost centre] t 92021.
Mr. Chairman, the budget for cost centre
92020, Quarry Vehicles and Equipment Operation, is
$2,483,000, which is an increase of $363,000 from the
original 2022/23 figure. This increase is for the greatly
increased parts and maintenance materials budgets.
The full -time equivalent for the cost centre 92020 ,
Quarry Vehicle Equipment O peration, is 32.
Mr. Chairman, the budget for cost centre
92021, Quarry Vehicles and Equipment Maintenance,
is $4,701,000, which is an increase of $701,000 compared to the previous year. The increases are a result of funding vacant posts to supply more m echanics
and technicians.
Again, this increase is for greatly i ncreased
parts and maintenance materials budgets as well as the hire of four additional mechanics. The full -time
equivalent for the cost centre 92021, Quarry V ehicle
Equipment Maintenance, is 48, which repr esents a
decrease of two personnel to balance the pr eviously
mentioned staffing shift.
Mr. Chairman, the budget for cost centre
92034, Quarry Receipts (an internal recharge budget
with a negative value) , is set for $5. 5 million and is the
same as for fiscal 2022/23.
Programme 8205—Quarry Products

Madam Chairman, a
$2,073,000 budget has been allocated for cost centre
92023, Asphalt Plant, which is an increase of
$267,000 compared to the previous year. Additi onally,
a $3,140,000 rechargeable budget for quarry products
has been allocated to this p rogramme for fiscal
2023/24.
The full -time equivalent for the Asphalt Plant
remains unchanged at seven. This recharge amount
is ba lanced by the Highways Capital Budget (CEP
75042) which is charged every time asphalt is pr oduced.



494 27 February 2023 Official Hansard Report

Bermuda House of Assembly Programme 8206— Water and Sewage

Page B -232, Madam
Chairman. The mandate of the Water and Sewage
Programme is
• to provide planning, design, construction, o peration and maintenance of the g overnment
water extraction, treatment and distribution
systems and the wastewater collection and
distribution systems;
• to produce potable water on a cost recovery
basis to meet demand;
• to provide septage receiving facilities for private sanitation truckers and for limited public facilities; and
• to act as the g overnment functional authority
on all matters related to water and wastewater
engineering.
Madam Chairman, a $4,956,000 budget has
been allocated to this programme. This re presents an
increase of $109,000 as compared to the original
2022/23 budget.
The budget for cost centre 92025, Water and
Sewage Administration, is $1,017,000, which repr esents a decrease of $43,000 as compared to the ori ginal 2022/23 Budget. Madam Chairman , the full -time
equivalents for the cost centre 92025, Water and
Sewage Administration , is five.
The budget for cost centre 92026, Water
Supply and Treatment , is $2,776,000 which is an i ncrease of $111,000. This budget ensures that there
are sufficient f unds allocation to pay for contractors
who supply supplementary bulk water, remote monitoring and control systems support, and to pay for the
electricity charges associated with pump stations and
treatment plants within the infrastructure. Madam
Chairman, the performance measure for cost centre
92026, Water Supply and Treatment , forecasts that
360 million gallons of potable water will be produced during this fiscal 2022/23. This increase of some
16 per cent over norms can be contributed to the particularly dry summer we encountered during this fiscal
year. The full -time equivalents for the cost centre
92026, Water Supply and Treatment , is nine.
The budget for cost centre 92027, Water
Storage and Distribution , is $635,000, which repr esents an increase of $60,000. The Performance
Measure for cost centre 92027 , Water Storage and
Distribution , is forecasting for fiscal 2022/23 that the
average lost service hours due to a main’s break is
120 hours. The number of mains repairs made for the
year was 26. Madam Chairman, the full -time equiv alents for the cost centre 92027, Water Storage and
Distribution , is nine.
The budget for the cost centre 92028, Sewage Collection, is $528,000, which is a decrease of
$19,000 over fiscal 2022/23. The Performance Measure for cost centre 92028 gives the amount of time as
a percentage that the Tynes Bay Septage receiving facility is operational. For 2022/23 this figure was
98 per cent of the time. The performance measure
also tracks the number of blockages experienced in
sewer mains across the Island, and that number was
10. The full -time equivalent for the cost centre 92028,
Sewage Collection, is one.

Staffing

Madam Chairman ,
total staffing levels within the Department of Works
and Engineering are shown on page B -233. Established employee number estimates for the 2023/24
budget are 344. This year a number of the vacant
posts that make up this number are being restored in
order to provide improved service levels to the pu blic,
particularly in the areas of roadside maintenance and vehicle repairs which impact many sectors of the go vernment.

Review of Major Capital Projects

Madam Chairman, I
will now provide Members of this Honou rable House
with a summary of the status of the major capital pr ojects being managed by the Department of Works and
Engineering. The overall 2023/24 Capital Expenditure
Plan for the Department of Works and Engineering is
$19,732,000. Details are found on pages C -6 and C -7
of the Estimates of Revenue and Expenditure
2023/24.

ANNOUNCEMENT BY THE CHAIRMAN

HOUSE VISITOR

Estimate for this cost
centre is $2,027,000. This budget comprises major
maint enance work to the road network which includes
road resurfacing, as well as road improvement
schemes such as junction improvements, road widening and new sidewalks. With the majority of the
BELCO trenching works now completed, next year’s


Bermuda House of Assembly budget will focus on the permanent reinstatement of
the roads affected by the project, with Harrington
Sound Road well underway.

Water Projects
(CEP cost centre 75044)

Madam Chairman, this
programme is for planned and unforeseen small to
medium water and sewage projects, including a r equirement every year to provide equipment and ge neral facility upgrading to meet ongoing treatment -, environmental - and safety -related issues. The 2023/24
estimate for this cost centre is $150,000. The funding
will be used for continuing an advanced met ering sy stem to reduce non- revenue water through early leak
detection.

Water/Sewage Capital Maintenance
(CEP cost centre 75345)

Madam Chairman, this
cost centre is used to carry out repairs and mitigating measures to the foreshore. The 2023/24 estimate for
496 27 February 2023 Official Hansard Report

Bermuda House of Assembly this budget is $275,000. This funding will be used for
engineering design works to tackle various areas
around the I sland impacted by erosion, particularly the
South Shore.

Causeway Refur bishment
(CEP cost centre 75207)

Madam Chairman ,
capital funding for fiscal 2023/24 is $6,640,000. These
funds will be used for the replacement of critical components of the Tynes Bay plant , which I have spoken
of numerous times previously , and represents a portion of the $22,000,000 that this Government has
pledged to ensure the plant continues to operate until major refurbishments can commence.
Specific projects under this programme i nclude replacement of the refuse cranes, the high vol tage electrical equipment, and refurbishment of the
stack. These projects form part of the larger refurbishment scope, and thus this capital will not be lost
once the full refurbishment occurs.

Dangerous Walls and Rock Cuts (Structures)
(CEP cost centre 75258)

Madam Chairman, the
2023/24 estimate for this cost centre is $250,000. This
cost centre is used to carry out repairs to collapsed
walls and rock cuts. Additionally, as most cases of this
damage occur due to vehicle accidents, the Gover nment wil l increasingly be seeking reimbursement from
insurance coverage from the vehicle owners to pay for
the damage.

Quarry Refurbishment
(CEP cost centre 75264)

Madam Chairman, the
2023/24 estimate for this cost centre is $500,000 which will be used to fund upgrades at the Quarry D epot, including repairs to the age ing asphalt production
plant. Plans for a fully refurbished plant unfortunately
had to be pushed back to next year due to competing
projects such as the Tynes Bay cr itical upgrades.
However, this funding will be used to address the
most critical components to keep the plant in reaso nable operation.

Pembroke Canal Upgrade
(CEP cost centre 75293)

Madam Chairman, this
programme is for the upgrade of the Pembroke Canal.
The 2023/24 estimate for this cost centre is $240,000.
This funding will be used to advance initiatives to a ddress flooding issues associated with the canal, i ncluding the cleaning of culverts, and the removal of
canal vegetation and debris.

Reverse Osmosis Plants Electrical Systems
(CEP cost centre 75294)

Madam Chairman, the
2023/24 estimated total cost of this cost centre is
$4,562,000 and will be used for continuation of the plant stabili sation project now taking place at the
Tynes Bay facility, which in total will be around $13
million . This project replaces critical internal components of the boiler system to provide reliability of the
boilers while the four-year refurbishment project takes
place.

Morgan’s Point Works
(CEP cost centre 75324)

Madam Chairman, the
2023/24 estimate for this cost centre is $100,000. This
budget is used to address any further contamination
discovered during the Morgan’s Point site development. The funds for this year will be used for conti nued monitoring of the site for any further spreading of contaminates on the government -owned land.

Solid Waste Capital Maintenance
(CEP cost centre 75043)

Madam Chairman, the
2023/24 estimate for this cost centre is $544,000 and will primarily be used to replace ag eing equipment
and infrastructure at four sites: the s pecial waste site
in Sallyport ; the recycli ng plant at the Government
Quarry ; the c omposting depot at Marsh Folly ; and the
land reclamation at the Airport Waste Management Facility. Additionally, the funds will be used to replace smaller capital equipment such as compactor bins to
service school and condominium complexes.

Swing Bridge Refurbishment
(CEP cost centre 75096)

Madam Chairman, the
2023/24 estimate for this cost centre is $1 million . This


Bermuda House of Assembly budget will be used to effect repairs to Swing Bridge
as required, as current budget constraints cannot effect the needed replacement of the full bridge in the
short term. A bridge assessment, which is now underway, will give us a better idea of the costs of these temporary repairs in the interim.

Review of Major Capital Acquisitions

Madam Chairman, the
vehicles and equipment to be replaced under the
2023/24 budget are those that have surpassed their
useful economic life and are in poor and/ or dangerous
condition. This year’s budget will include further r eplacement of the refuse vehicle fleet, with four new
trucks and 10 new replacement GP cars to replace
the ag eing ministerial fleet , which averages 17 years
old; and new replacement equipment for highways
and various other sections across government. The
2023/24 estimate for this annual allocation is
$2,417,000.

Electric Vehicles
(CEP cost centre 76917)

Madam Chairman, this
new capital programme is aimed to have government
lead by example with the replacement of combustion
vehicles with electrical vehicles [EVs] . Using the data
from our pilot study, we have identified areas within
government that provide the best opportunity for
adop tion based upon the upgradability of locations to
provide the necessary charging infrastructure. This
budget will supply the vehicles for those identified l ocations and represents the purchase of some 10 EVs to replace the current fleet. It is envisioned that as our charging infrastructure is established, this budget will
grow to accelerate the transition to EVs. The 2023/24
estimate for this annual allocation is $451,000.
Madam Chairman, before I move the heads, I
would like to pay tribute to all of those who make this
Ministry work, beginning with the Permanent Secr etary, Mr. Randy Rochester; the Chief Financial Officer,
Mr. Leslie Holder; the Comptroller, Ms. Joanne Smith;
the Chief Engineer, Mr. Kirk Outerbridge; the Chief
Surveyor, Mr. Ste ven Conway; the acting Parks Director, Mr. [Oluremi] Remi Subair; Mr. Paul Martin, the
General Manager of the Bermuda Housing Corpor ation; Mr. Andrew Dias, the General Manager of WE D-CO and CEO of BLDC [Bermuda Land Development
Company]; and Ms. Thomasina H assell, the Director
of Finance, Admin and HR of the Consolidated Golf
Courses. I would also like to thank the BHC [Bermuda
Housing Corporation] board, ably led by MP Chris Famous; the BLDC board, ably led by MP Lovitta
Foggo; the WEDCO board, ably led by MP Neville
Tyrrell; and the Consolidated Golf Courses Board,
ably led by MP Kim Swan; the 528 staff of the Ministry
of Public Works; and the 119 staff of the quangos.
A big thank -you for all of the hard work that
you engage in to support the work of the Ministry of Public Works and the wider government!
Madam Chairman, I am happy to move these
heads and give other Members the opportunity to con-tribute to this debate. We stand ready to answer all
questions that the Opposition may have.
Thank you, Madam Chairman.

Okay. Thank you very much.
An hour and 30 minutes? Okay. Thank y ou very
much.
Let me first off start by saying that the Minister
continues to give an exhaustive and thorough review
of this particular Ministry, which has several heads in
it. And I think what I want to really say is that I do not
think we necessarily gr asp the breadth and what it
takes to run this Ministry and how important it is to the
rest of Bermuda and our visitors. I think the Minister
did a fairly good job. He mentioned that this is i mportant also to our visitors. When you first come to the
country , it is always known that it is pristine and clean.
And I know that we as locals, we can be pretty tough
on our civil servants when we start driving around and
everyone is complaining about potholes and the like.
And I would like to get an update, that is the
first part of the question, get an update on where we are with potholes because I do see that they are racing around, repairing them. But they seem to be popping up faster than they can fill them in.
So I just want to thank everyone, the emplo yees wi thin the Ministry of Public Works; the office staff
and those who are out on the streets on a daily basis.
It is not easy putting up with us. You know, I complain
498 27 February 2023 Official Hansard Report

Bermuda House of Assembly every day when I travel on the Harrington Sound
Road because I have to. And the Minister has been
very clear that he has been traveling on it as well and
sending in complaints, I guess.

[Laughter]

So I also noticed that he
received $6 million more in his budgeting, which is a
good thing, Madam Chairman. As we look at the
heads of Public Works, Head 36 and its mandate, I think this particular Ministry needs more access to
funding because we have a challenge. We have a
massive, massive challenge right now. And one of the
pristine things for locals is they love good roads. T he
Minister is hearing about it on a day -to-day basis. So
we need to fast -track this. It was pleasant to see that
there is more money allocated to road works and the
like.
And the theme that I got from the Minister
thus far is, every time I looked at some of these i ncreased funds, it pretty much was the same thing over and over and over —staffing, staffing, staffing. And I
am assuming that this means that we are ramping up
to have more work done because of the complaints
that we are hearing about the parks and overgrown
grass from our constituents and the like. So, I am hop-ing that the Minister is successful this year, especially
when it comes to tourism because we have got pe ople—hoping that we have more people coming here.
And we need to be as pristine as possible.
So, I want to [express thanks for] the brief, the
exhaustive brief. My Budget Book always looks like it
has been beat up because he does give so much i nformation. And please forgive me if I ask a question
that you have already answered; it is a lot of information. And I would have, and I know that I have missed certain things. So, I just wanted to bring that to
mind.
As everyone knows, I am looking across the
table here in the support —I know them all. I see you
have got a young man. I recognise that young man. I
hope he is taking his time on his bike on the roads.
Last time I saw him, I think he broke his arm or som ething like that.

[Laughter]

He is grinning.
So welcome. I am glad the Minister is taking
you on. You are amongst good people over there,
okay? All right.
So, if I can go to page B -213 as we get into
the debate here, and just getting clarification on certain matters. We can see very clearly that there has
been an increase in the budgeting as you can see. For current expenditure you see $6 million there,
$6.32 million. For revenue, now this was quite inter-esting for me, the revenue, to see that revenue is go-ing to be up. And they are forecasting an increase of
revenue of $1.488 million. And I am hoping that thi s
comes to fruition. I have always felt that the Ministry
has opportunity, more opportunity than even some of
the other areas of government, to raise revenue. And we will get into some of those areas as we go through.
I do not believe the Minister ever sa id that
they increased fees, but they did raise more fees by more people coming out. I just want to make sure, if
we can clarify. Did any fees at all within the Ministry of
Public Works or any of the five heads that we go through here, did any of those fees actually increase?
So if they were $10, did we put it up to $12, that type
of thing? To also assist in raising of revenue.
I will come back to page B -213. There is an
anomaly that I picked up, and I wanted to just get
some more briefing from the Minister. Recognising the exhaustive 80 docks and 2,000 acres, that was interesting to hear, 600 roads. Even I as the Minister, I do
not remember that statistic. But it was interesting to
hear that particular one.

And I am replying to the in itial statement that the Minister mentioned, many of
these things, that Public Works is a major job creator
and in charge of infrastructure development. And it is
all about empowering entrepreneurial opportunities as
well, because what happens is on our beaches and
the like we have people who are entrepreneurial and they are looking to have their goods sold there. So it is
a great opportunity. And I believe that as we go
through this here, there is opportunity to expand even
more with this kind of opportunity on our beaches.
Because Bermuda has got to be the only place I know
where you go to a beach and you cannot even buy
water! You can swallow some salt water, but you cannot buy any fresh water. So we can do better there, I believe.
I am going to go on over to page B -215 under
the general statement there. And the Minister m entioned under 3601, Head Office Administration, and
under that, 46111, Administration. We see an i ncrease there of $293,000. And he mentioned that
there was a safety emphasis in this particular area.
And what I did miss was, he was explaining a little
more, but I did miss, what is that all about, the safety
emphasis? Was it health and safety particularly that
you are looking at? And I wanted to hear a little more
as to exactly what that was about there.
If we go next down to 3610, Accounts, and to
the par ticular finance management, which is (and we


Bermuda House of Assembly are still on page B -215) 46030, Finance Management.
And it is an increase of $131,000. I wrote down trucking fees. And what I wanted to find out from the A ccounts Department, I know that in the past there were
people who owed monies to government. If in fact, are
we working with some of these guys in trucking and
the like, are we working with any of them to award
them work so that we can get those fees that they
owe back? What we do not want to do is be in a pos ition whereby if someone owes money to government, we are not awarding contracts to them, which is what they are relying to help pay their bills, and they cannot
get work.
And one of the great ways of being able to do
that is if the Accounting Department establishes a r elationship in being able to award contracts to some of those who may be sectioned out there (and we are
still on page B -215), sectioned out where we allow a
certain number of these men and women, if they have
a bill, award them contracts so that you can retrieve
that money back. And I know that they used to do something like that. But whether or not it is esta blished is another story. Maybe legally —I do not know
if legally it can be done, but it would be interesting to
see if we could establi sh a relationship with people
who are challenged. You know, they are trying to
work. It is a tough time right now —to see if we can do
that.
The Honourable Minister under 3612, Tel ecommunications, he gave an exhaustive example of
what is going on there wi th telecommunications and
the lack of maintenance. That has been going on for
some time now. I guess I would like to know, is there any end to this here? Because the maintenance on
these poles has been an ongoing thing, where they
are just in particularly really bad shape. At what point
are we going to see ourselves get to where it is light
maintenance and we are not having to do and be exhaustive with what we have to do for those?
Now, under 3613, Central Office, last year I
brought up this question as we ll. And I was going
through my notes looking for the answer. But under
[line item] 46116, Human Resources Admin, it is a very small amount. But I thought that we had moved
all of Human Resources out. Are we still maintai ning—is this a result of our still m aintaining maybe one
person who is already there doing some work? Like I
said, it is a small amount. We are looking at $10,000
for Admin. I do not really know (I am thinking that we
moved Human Resources out) what that could poss ibly be for.
If I go over to again page B -216 under the
Subject Analysis of Head 36, Public Works, it is very
evident once again as we look at the salaries and
wages where we see there is in the first line for sal aries, we are estimating $2.3 million and an increase of
$353,000. The Minister did explain what that had to do
with. What I would like, just for the edification of the
public, is that we could explain the difference between the salaries and wages and whom that goes to. B ecause I know that the public sometimes are not quite
sure what that means. So that they could have a better understanding of how you are disbursing funds to
staff and employees.
I am going to skip down because I know I do
not have much time. But under Professional Services.
I will leave some of these other things. And maybe
what I will do is just send in some of these other questions because I know I am just not going to have
enough time. There under Professional Services, we are increasing it by $41,000. If we can get maybe an
understanding of what are som e of those professional
services that we have taken on or looked to take on at
the tune of $845,000? In that same line, if you look at
the revised amount you will see that the revised
amount is about $319,000.
So I guess I am not sure if there is a whole lot
more invoicing that needs to come in so you have to
pay someone or the like. But it is rather low compared
to what you are forecasting for the next year. If we can
have a better understanding of what is happening there. Maybe you already know that it i s going to
come in to around $800,000. But if we can get an explanation of what that is, to be clearer.
And I will leave the Grants and Contributions
for later as I go through here. I will leave the Grants
and Contributions for later as I go through here. Under
the employee numbers, again, nothing really substantial there. Unfortunately, the way that we do gover nment budgeting is if someone were just looking at this
here they would say, Well, they only added one e mployee. But we know that is not the fact. We are trying
to fill funded positions and unfunded positions. So,
there is nothing really there for me to say much
[about]. The Minister did a good job at explaining exactly what is going on. And again, I am pleased to see
that in this particular head staffing, staffing, staffing is
happening because work needs to get done. And I know it is frustrating for him.
If I go over to page B -216 [sic] under the performance measures, the Minister mentioned—

Sorry. Page B -218, the performance measures.
If I go over to the performance measures
there, the Minister mentioned that the Ministry had identified 120 people for safety and health, which I
brought up before. What I wasn’t clear on was [if] that
[was] just within the Ministry, because I note that health and safety could be across the board. But was that for other areas as well within government, or just
for the Head 36?
500 27 February 2023 Official Hansard Report

Bermuda House of Assembly This one stood out to me. Ensure employee
files are completed within three weeks. If you would
have had the opportunity to take a look at the old
Budget Book you would have seen that it was at six
weeks.

Again, on page B -218. E nsure employee files are completed within three weeks
of start date. This does not reflect here, but if you take
a look at last year’s book, it is an improvement from
six weeks. I don’t know if that was intentional or not, but it is a sign of efficiency that is taking place there. I
don’t know if six weeks was the problem or not; I have
no clue. But to see that it is at three weeks, I am sure that the public would like to know that we are on our
game here.
Also, originally signed contracts for projects,
$50,000 or greater are entered into the access dat abase and hard copy. I do want to highlight this here
and the reason I want to highlight [it] is because I
know some of the challenges that the Minister might
be facing because you have people who grew up with
an XL spreadsheet and when you bring some fancy
new software and it is supposed to be all sexy and
help you do all ki nds of wonderful things, they are not
going to do it and it is tough to get them to transfer
over onto a new system that is going to allow the Mi nister, the PS and all the staff to be more efficient. It is
hard to get some of us . . . you know, look, to this day,
I don’t . . . I prefer to read a book rather than read it on
a . . . like a tablet. I just can’t do it. So I am still trying
to transfer to that. And I know it is difficult.
I also take note that the human resource . . . I
guess the next Budget B ook will have that whole
complete area taken out so that it is not printed on there. On the bottom page of B -218, the business unit
of human resource admin. I assume that they will get
busy with doing away with that.
I am just going to move over to Head . . . I am
going to try to go as fast as I can over to B -219, Bermuda Housing. I can’t say enough about Bermuda Housing. It is always refreshing to hear what the Mi nister has to say as to what is going on in that particular area. There is always a lot of w ork going on. And the
beauty of it is, and I think people don’t understand (as
we go to Head 53 on page B -219) . . . I don’t think that
people actually appreciate the fact that they are very
comprehensive. Meaning, that they are dealing with
real, as they would say, grassroot challenges, that
people are having. And they are meeting people
where they are. And for us to know that the Housing
Corporation is not just trying to house them but if there are any challenges psychologically, they provide the
assistan ce . . . and the H.U.S.T.L.E. truck comes in,
all these kinds of things that we are looking at.
It is important for our people to understand
how much work is going into this. So, it plays a massive role for our struggling community as we listen. I
mean, t he mission statement is not written in there,
but the Minister did read it off and so it was good to
hear what he had to say.
He mentioned that there is an increase. If you
look under [business unit] 5301, page B -219, 63010
Rental Assistance Grant, and i t has increased to
$500,000. The Minister did say a whole lot of what
they are doing, but it wasn’t quite clear as to specif ically what they were att empting to do with the
$500,000, maybe just a slight breakdown of that. But
what I would like to do is understand a little more.
If we go over to page C -30, and we look under
Bermuda Government Debt and Loan Guarantees, the Minister did go into explaining some of what was
going on at the Bermudiana Beach. I don’t know if you
call it a resort or what the term w ould be, but the Bermudiana Company Limited received a guarantee of $10 million. And then the Minister did break down the
units that are there. What I was confused about was
the difference between the actual units that are there
and the hotel. There were a lot of different prices being given, and I got confused, actually, as to whether
he was talking about the hotel or the 94 units that had
been converted from the 78 that were there. So if you
could help me out there. Or are they one and the
same? I was a bit confused.

One and the same. Okay.
Great. Great.
So, what I would like to hear is exactly where
we are today. The Minister has given several press
conferences in the pas t, speaking of different mil estones. At this particular time, do we have a deadline
for the completion of these units? I know that there is
a contractor there. I don’t know what they were contracted for. If you guys have an idea of the cost of what we cont racted them to complete the project, it
would be good to know what that value is. And based
on where they are today, which sounds like they have
gotten quite a ways, do we have an idea of a compl etion date? Is it 2024 or 2025? I am sure that they are still having to get Planning permissions for some of
the different works that has to go into the project
there.
The other part that I would like to know is,
exclusive of the $10 million guarantee that we have given, how much monies have we as a Ministry put
into this resort? So, over the years we have seen a lot
of work going on and I know that the Ministry probably
has put some monies into the development of this.


Bermuda House of Assembly How much money has the Ministry paid out to ensure
that work is getting done out there, exclusiv e of the
resort and the investment that is there?
I would also like to know from the resort there
how much investment the actual investors are putting
into the project. So, to get it to where it needs to be,
are they putting in 40 per cent, 50 per cent, w hatever
the case may be? What was required of them to get
this project up and going? For instance, like St. Regis,
we required that they put 40 per cent of that money of
their own into the investment upfront before a guarantee was even concerned. And I don’t know for sure
whether or not that has happened at this particular
resort. Can we find out about that ?
Outside of that, really, I just can’t say enough.
Because of time now I am just going to move through.
The Minister . . . again, he is always very thorough. So
I thank him and his team for the thoroughness of his approach and letting us know exactly what is going
on. The additional housing, the investment into that is
important. We heard pretty much from one end of the Island to the other. I did hear a lot of emphasis on the
East End which is really good to hear. Coming from
the east, work is being put out there which is hiring
Bermudians to do all of this refurbishment and the
likes.
Also, with the Bermudiana, I would also like to
know, outside of the major contractor, what other contractors do we have up there doing any other partic ular works?
I would like to move over to Head 68, Parks,
B-221. On page B -220, obviously, you have the mi ssion statement and the department objectives, nature
reser ves and parks. And I mentioned earlier, just in a
general emphasis, this is not just for locals. This is for
our visitors as well, so it is imperative. And again, I am
happy to see that most of these increases are for
staffing and maintenance. It is needed. If we are going
to get back to where we were before, we need to be-come that jewel again. The jewel of Bermuda has
been tarnished for a number of reasons and so we
have to get back that pristine look. So I am hoping
that these monies are going to go back to polishing us up and not driving into any potholes. (Just making a
joke there.)
Now, under the General Summary, the Mini ster went through, and I want to go through a few questions on page B -221 from the General Summary for
Head 68, Parks. [Business unit ] 6802, where there is
Lifeguard Service. When I looked over at the staf fing—

I’m sorry. Staffing is on page
B-223.
And it says 12. For some reason I thought we
had 20- something lifeguards. Did we reduce it to 12?
Or has it always been there? I don’t know why I thought it was much higher than that. But, anyhow,
suffice it to say, are we at looking at broadening the
number of lifeguards at some of the other beaches
that we do have as well? He did mention the four main
ones. But I am just curious as to whether or not you are considering in the future of broadening that range
when it comes to staffing. Again, it is a great opportunity for young Bermudians to take on a job like that
which helps with summ er employment and the likes.
If we go down further to 6803, Park Maint enance, I noticed that 78015, Government House in Camden, has taken a reduction.

[Business unit] 6803, [cost
centre] 78015.
I am curious as to what conditio n that place is
in. I mean, that place is falling apart every time I go up
there. And I don’t know who is responsible for the m ajor part of the maintenance there. But the number continues to go down as far as support and keeping that building up. I would l ike for us to keep it as pristine as
possible because at some point in time I would like to see a Bermudian as Governor of the country as o pposed to the UK. So we need to figure out how we are
going to keep it as pristine as possible because that
should be our goal, quite frankly, at the end of the
day. Not to get too political here, but I think that has
always been a pet peeve of mine.
I also would like to go down a little further on
[cost centre] 78030. We are still under [business unit] 6803. Madam Chai rman, page B -221, Eastern Parks.
I see that I have over the years heckled the Minister over the fact that the Western Parks have gotten more money over the years and all of a sudden something
happened. He must be a St. George’s fan now. So
Eastern Parks has got more money. It is $23,000, but
I will take it for the parks. So that is good to see. Not
to the worsening of Western Parks, but I am glad to
see that we are spending a little more money in that particular area.
I am going to . . . the Minister gave several
answers on some of these other heads here so I won’t go into them. But I would like to go down to Tulo Va lley, 78055, Botanical Gardens and the Railway Trail. I thought we had a separate section for the Railway Trail and it was private consultants who were mai ntaining it. And it sounded as if we are back to doing
502 27 February 2023 Official Hansard Report

Bermuda House of Assembly the work. Did that change at all? I would like to hear
about that. And why did we go back to maintaining it
ourselves as opposed to private contractors?
The Botanical Gardens and Tulo Valley, B otanical Gardens has taken a hit here, over $66,000. Again, I would like to emphasise that Botanical Gardens is something that both locals and tourists enjoy.
And so I am assuming that the $66,000 really is not
affecting the maintenance of it at all and that it probably is just a staffing allotment there that you are r emoving. That probably was funded and you really didn’t have someone in there. Hopefully it is that and it
is not affecting maintenance. Just to hear about that.
If we go down further to 6804, Administration,
you will see there that the Minister mentioned under
Administration that we have a difference of $286,000 under Administration and Planning, [cost centre]
78050. And this had to do with three posts . . . hang
on. Don’t worry about that. I see my answer down further. I got so much stuff here from him. I thought that . . .
If we go down further to [business unit] 6805,
Forts, this has been also another one of my, I guess, areas that I have always felt that we needed to put a
little more time in and that is the forts because for
some reason, especially Americans, they like to come
to Bermuda and see all that English stuff. Right? And they like to see the forts and the likes and I know that
it has been a challenge to keep some of these histor ical sites up. Can we get an update as to where we are
with some of these historical sites? Are we getting
better at maintaining them and keeping them pristine?
I know that that fake crown that used to be down at St. George’s at the fort, I am sure that the mould is eating
right through that thing. So, anyhow, it used to look
good when I was a kid in school. What are we doing
there? I think we can do a much better job out there.
I am going to flip over then from there. No
questions really. The salar ies were all explained on
that particular page.
Now, as far as the rentals are concerned. I am
on page B -222, under the Subjective Analysis. I was
just curious here. We have got allocated $150,000
under rentals more. On page B -222 under Subjective
Analysi s Rentals, midway through. Got it?

Okay. What are we renting
to the tune of that? Or is it shared amongst several
things? What exactly does Parks rent out? Outside of
the land, is this due to camping type of thing? Can we
get a little more information there?
Now, it may be that because if you go down to
revenue, under page B -222, the Minister did say that
he anticipated $25,000 more in revenue because of increased bookings. And maybe that is why we are
allocating more monies to rentals. I don’t know. Are we renting . . . I just don’t know what that is. Can we
get a little more information on that ?
The Minister did explain about the salaries in
that we were at an actual post of 104 as opposed to
134, which we were looking to, which was the original
amount on page B -223 under Employee Numbers.
The total being in the revised amount of 2022/23, the
actual amount is 104. So we are quite a ways away
from where we want to be. But the Minister has explained exactly what he is doing there to try and get
us back to where we need to be.
I will go over to the Head 66, page B -224 u nder Parks, to the performance measures. I was pleasantly surprised when the Minister, if we go to . . . Lifeguard Service, the second one down, 78010, because
I recall, I don’t know if it was last year or the year b efore, or maybe it was even a year before that, where I
mentioned that these are some odd numbers that we
are trying to fill here for the Lifeguard Service. It was a
waste of time, so I was pleasantly surprised. I am not
saying it was due to myself at all, but [I was] pleasantly surprised that the acknowledgement here was . . .
this doesn’t really make any sense. We need to r ethink about what we have here. But it is good to know
the numbers that are happening and some of the incidents that do occur so that we are aware of some of
the challenges on our beaches and how effective that
we are actually being.
If we go down to the next business unit, which
is Government House, 78015, number 2, Total number of bedding plants installed. In the past we have
done much more than that. Are we just cutting back on that particular number that we have there as a target outcome? Or is it because of a lack of equipment?
I don’t know. But tradi tionally we have . . . those guys
do a fairly good job. It has cut back quite a bit. We
haven’t had any real hurricanes of sorts.
If we go over to page B -225 (and we are still
on performance measures for Parks), I go back to the Tree Service Unit, which i s 78035, the total number of
trees felled. You can see . . . I think this is an anomaly
(right?), the 1,200 original forecast, because our tar-geted amount is 45, unless there has been a breakdown in machinery or something like that. But that is a
massive d ifference between the original forecast of
2022/23 and this year’s outcome. I am sure there is
an explanation for that.
And also . . . well, I spoke about Botanical
Gardens already so I will leave that alone. I am going to move on to Head 81, Public Lands and Buildings.

Head 81, Public Lands and
Buildings on page B -227. Now, the Minister did not
say a whole lot in general. I am just speaking to the
mission statement here and policy procedures and the likes, our philosophy toward some of our buildings.
We know that we have an excessive, well, 750 buil dBermuda House of Assembly ings, if not more, and 75 leases that are being managed as we listen to the Minister.
I have been asking on occasion when we
were the Administration, we sold one building and the
intent was to move forward with raising revenue
through selling a few other buildings that government
owned. Quite frankly because not only were the f inances available to maintain them, but long term it
was difficult to see how we would utilise them as well.
Now, if we are looking at it as an investment
opportunity, I understand that the Minister has taken . . . and he can clarify this if he will, that he has taken
a stance that he will lease out the properties as opposed to selli ng the properties. So what I would like to
hear from the Minister, if that is the policy and the ph ilosophy going forward, how are we doing with leasing
some of these properties out? Have we made any
headway with some of these abandoned buildings that
we have and leased them out?
I do recall when we did the Harrington Sound
Post Office, I want to say we raised like $700,000- plus
for that particular building, which was a great windfall.
And of course the then Minister was like Okay, what
else can we sell to raise revenue? That type of thing.
So, if there are opportunities that you are looking at,
what buildings are we looking to lease out and for
what reasons? Or has there been something gone out
to the public to say Look, these are the buildings that
we hav e. We want to lease them out. Come back with
any ideas that you do have because we would like to have a joint venture with you in these particular buil dings. If I could hear a little more about the philosophy
there.
We go down to the General Summary, sti ll on
page B -227. I am going to skip from the Administr ation. The Minister spoke of 8100, on page B -227. I am
going to skip down to Buildings, 8101, [cost centre]
91002 and 91003, where we talk about service, management and maintenance. And if you take a l ook
across at the difference, a total of $625,000, the Mi nister mentioned a post, of course, but he included in
that post materials and the likes. What I was not quite
sure [about] was when you take that total amount, are
we just using that to fill posts and buy materials, or
does this also include actual more maintenance in this
particular area as opposed to just filling vacant posts and materials? If we could hear more about that.
If we go to Estates, 8102, I actually missed
the answer that he gave. I quickly made a note be-cause I was writing down some other things that he
had said and I missed the answer about property asset management. Under Estates, 8102, [cost centre] 91004, Property Asset Management, you can see
$722,000 increase. I just missed that . If the Minister
could just oblige and maybe give me a better answer
once again.
I know that it is a massive increase. Last year
when I saw an increase in this particular area it had to do with actual relocations and I don’t know if it is that. I am assu ming it is that based on what I saw last year.
So, if this is due to relocation, what departments have relocated? I know that we had some changes in the
heads of ministries and the like. But what relocations,
if that is the case, are we looking at? What depar tments moved there to amount for $722,000 increase?
I am going to flip over to page B -228, under
Subjective Analysis Expenditure. If you go down from the top there to Energy, and we see that we have a
$1 million increase. Now, again, I might have missed
this here. Funny, because by that time the Minister
was reading really fast toward the end, So I might
have missed the answer to that $1 million in Energy.
Is that because the electricity went up so high? If so,
you know, we know somebody in this House of A ssembly and we need to talk to him. We need to have a chat with this brother. That is a massive increase, but I assume that if you do it across the board it could
amount to $1 million. It is a substantive increase. So,
if I could hear what that was due to.
Under Revenue, the next section, again, we
see increases. This is fantastic to see. Hopefully, next
year these numbers look even better than that with
the actual figures. But we do see under [business unit]
8795, estimates on property rentals an increase of
$115,000. Is it due to any particular . . . because the
estimate amount is huge, $2.4 million and $115,000 is not a whole lot in comparison, so it must be something specific there that you are looking at when it comes to
rentals and it increasing. I have nothing to say about
the employee numbers. That continues on. The Mini ster has been very clear there.
Under performance measures, under bus iness units 91000 and 91001 on page B -229. (Sorry
about that [Madam] Chairman.) The second outlined item ther e, Number of vacant of Government -owned
buildings inspected and reports presented to the Mi nister on the options for the properties. So, I would be
very interested in the outcomes for where it said “op-tions for those properties” and hear what those o ptions might be. Because, again, I know that the Mini ster has said that he is seeking to lease and maybe that is not entirely across the board. I am still of the
mind that we probably have some buildings that we
could rid ourselves of very quickly and raise revenue.
Also, if you go down further under business
unit 91002 to 91003, the Minister mentioned a number
of sites to have completed asbestos reports in the
year. How many sites do we have where we have asbestos stored? I know at the quarry and down at the
base. So, if there are any others it would be interes ting to hear about. How often do we ship them off? Is it
once a year, twice a year? I don’t know. Are we doing
that work ourselves or are we contracting that work
out? Because I know it is a specialised w ork that
needs to be done.
I am going to go over to our last head, which
is Head 82, Works and Engineering. I want to highlight
one particular area. And again, it goes back to rev e504 27 February 2023 Official Hansard Report

Bermuda House of Assembly nue because I continue to speak about the opportunities to raise revenue. And we are in a holding pattern
where we are trying to cut back our expenses and
also to give more to those who are in need. But that
has to be matched. If you are saving one dollar, you really need to raise revenues by five dollars in order
for you to mak e some headway to get back to zero
and then improve. So, every time I see an opportunity
for raising revenue . . . and one of those under Head
82, Works and Engineering is the water services. So, what I would like to know is are we planning to extend the offer of potable water outside of the jurisdictions
that we are already in? It might be nice to let the pu blic know exactly where you are when it comes to supplying potable water to homes.

Okay. I’m getting beat up
here. So, under the mission statement where it talks
about water services, and we may go into some detail
as we go through the analysis here. If we look on page B -231 under General Services for Head 82,
Works and Engineering, there is a whole lot going on
here. And Works and Engineering is a pretty fascinating department because it has a lot of expertise in it.
If I go down to 8201 on page B -231, where we
go to Electrical Support, 92002, and the Minister spent
some time speaking to some of this stuff here. But the
electrical support, he mentioned for street lights . . .
and I don’t know if we are contracting someone out for this here, I wasn’t quite sure when we say “electrical
support” if it is maintenance of the poles there. It is
increased by $54,000. We have been doing a fantastic job with our streetlights, so what are we anticipat-ing for more support? Maybe it is just a maintenance
issue. I don’t know.
If we go down to 82022, Highways, you will
see at the very bottom there 92007, Roads cleaning. I
just want to give accolades to the Minister here. I am
very, very, very glad to see this, where we are going
to be removing grass and the likes. A large part of that
work is manual. And I am curious as to whether or not
we don’t have some machines that can do some of that work, as opposed to guys out there with a hoe
just chewing up some of that curb with a hoe and the
grass, if we have any machinery that could do a lot of
that work and move a lot faster. Under Quarry Transport, 8204, on the same
page B -231. I believe it was 92020, Vehicles and
Equipment, where we are looking at $363,000. And I have always known that the parks are real problems
with storing stuff and having to buy it ahead of time.
Have we improved on the process? I go back to
where people were using E xcel spreadsheets to keep
track of parts that we had in the ministries. Have we
improved on that process? Because I recall we had
parts up the yin- yang just sitting there going to waste,
never been used. A lot of them mis -ordered, quite
frankly, because we weren’t using up- to-date equi pment.
Have we gotten a better system in place when
it comes to ordering parts? Because typically in the Works and Engineering area these are expensive si ngle items. And it is important to make sure that we
save as much as possible. So are we using a better
system today than what was . . . and to be frank with
you, I remember systems being introduced. And the
team members just refused to use it because it was
new. They didn’t want to learn something new. We
had some overages w hen it came to parts, and it is a
liability sheet, you know. It is costing government and
every taxpayer. It would be interesting to hear a little bit more about that.
I understand with the massive amount of
92021, Vehicles Equipment and Maintenance, und er
the Quarry Transport again, 8204, it is a whopping
$701,000 increase. The Minister did say that this was
due to four mechanics. I am not sure what type of m echanics that they might be. But it was due to mechanics and parts and maintenance. So, again, just rolled
into the other question, are we using a better system
to track this stuff because I know it is a concern of yours.
We are almost done with the heads . . . so I
am going to go to Head 82. Again, Works and Eng ineering on page B -232. The only thing that stood out
to me in the first part was 8206 under Water and
Sewage. The very last sewage collection, 92028 . . . it
may not mean anything. It was a bit odd. The $19,000
reduction for sewage collection. I don’t understand
why it would be a reduction. B ut I don’t know, maybe
we are using less gloves or something like that. I have
no clue. But it did jump out as odd.
I commend that work that has been done in
the water area and the sewage area. We are getting better and better at delivering to the public t hese w aters, so I would like to hear a little more about if we
are going to expand our reach. Essentially, it means
more revenue, quite frankly. And I think that this is a
goal of all of ours, expanding our reach when it comes
to water.
I mean, St. George ’s to this day still doesn’t
have piped water to homes. And there is opportunity
now with the work that is being done down there that
potentially we can start getting potable water to the
residents. Now, what I would like to know a little more
about is whether or not that new work that the Minister has been talking about also means sewage collection
as well from the homes. I know the piping was put in


Bermuda House of Assembly for potable water. But are we also talking about r eceiving sewage from the homes as well? Because one
of the challenges I have, you know, is the old Berm uda way. You did a limestone pit. It is not lined. It is just
limestone, and the waste goes from your house into this hole. And that eventually does get into your well
water. Right? Hopefully it has been sifted out enough
that there aren’t too many toxins. Right? And we have
not transferred over to a system whereby we use PVC
tanks and the likes. Maybe some people are starting
to do it, but as a whole—

[Inaudible interjections]

So, I don’t know if the Mini ster may be considering . . . maybe we need to pass a
new law, health and safety, that . . . we are digging
the hole anyhow. Maybe we put in a septic tank that is
lined and can be easily piped through a system that
received it that can then be regenerating more potable
water. So, I don’t know if that is something that you
guys are looking at. Hopefully you will consider that
because, again, it goes back to more revenue for government.
I have said enough about the employee section of each head. We are on Head 82. I am still on page B -232, Madam Chairman. What I didn’t get from
this particular one, and I don’t think he addressed it
necessarily, under the subjective analysis of current
account estimates, where we look at the salaries.
Again, we have an increased amount there of $1.5
[million] if you add salaries and wages together, ma ybe a little more than $1.5 million.
I do recognise that if you flip over to the next
page, B -233, under the employee numbers, if you go
to the very bottom at the total and you look at the r evised amount at 254 . . . I didn’t necess arily hear the
Minister say that this was an actual amount. I took note that he was clear on some areas that it wasn’t an actual amount, but under that revised amount I didn’t
hear him say it. And if you look at the difference, it is
zero. And if you do a quick calculation of the 2023/24
estimate of 344 and the revised amount of 254, again, we are looking at maybe just a little less than 100. So, I am not sure if it correlates to these particular two
areas, salaries and wages, maybe you can let us
know.
The one other area on page B -232 that I will
just highlight . . . we spoke about energy. I am assu ming that under the subjective analysis, energy there,
the increased amount of $217,000, I am assuming
that probably goes back just to increased cost of current power, or whatever you want to call it. But if you
go down further, two sections under Materials and
Supplies, in this area, Materials and Supplies . . . and
there is an increase of $991,000. If we could get a
better idea, that is just shy of a million dol lars for m aterials and supplies. I am assuming that this goes to
the parts and things like that that they are buying for
equipment. And I know that because we are getting
new vehicles and the likes that maybe that has to do with it. I don’t know. But it wo uld be nice to gain a little
better understanding of what that is.
If I move over now to page B -233 under the
Revenue. This is great, quite frankly. When I saw the
total of revenue sourced there of $1.345 million . . . it
would be interesting to hear a li ttle more as to why we
believe it is going to be increased to that amount. I
mean, did we go to a new neighbourhood for that type
of increase? Water is pretty cheap, so I don’t know if
we expanded into a new area or we repaired some piping that was broken and so now an area that was
down is now back up and running to account for that
increase. But it is good to see that there is an increase
there. And in particular, if you dissect it, if you look at
8659, Water Sales, it has increased by $500,000. And
Waste Collection and Disposal at $567[,000]. So good
numbers to see there. If you could share with us a
little more.
I am going to go over to the Performance
Measures, on page B -234. If we go midway down to
business unit 92003, Structures, item 2, number of
public docks that have been inspected during the
year, it is good to see that we are having these i nspections. I recognise that we are going to move our emphasis onto the Swing Bridge which quite frankly
we see the scaffolding up. Interesting . . . I don’t kn ow
if work has started or not, but every time I drive by
there the scaffolding is there, but I don’t see anyone.
Obviously during the day they are there. I did see some work being done I must admit where I noticed
on the driveway where asphalt had been fil led into a
hole.
Can you tell us a little more about what we are
doing with Swing Bridge exactly? We know that it has
had its challenges. And have we given up on the v ision of potentially putting something else there? I
mean, it has been going on for quit e some time now,
506 27 February 2023 Official Hansard Report

Bermuda House of Assembly over a decade plus that there has been plans laid out
as to the different kinds of approaches that can be
had.
What do we do in the meantime with Stokes
Point there? And by the way, Minister, Stokes Point had a hurricane and the sign went down. They put up
their own makeshift sign. So just heads up. It has
been up for about two years now. They just made the
sign themselves. It would be nice to get a decent
street sign there that says Stokes Point, there in particular , so that the neighbours took it upon them selves
to put a street sign there. East End, see, East End.
So, I have asked about that and the next one
down under business unit Highways, Management 92004 on page B -234. Number of communications
received by members of the public during the year.
What is the nature of those communications? What is that? Is that complaints? Number of communications
received by members of the public. The Minister a lready said that he is driving up and down the Island
taking note of the potholes. So what ex actly is this
here? The nature of those communications?
As of note as well, down on business unit
92008, Private Roads, the very first item on page B -
234, Number of private roads on waiting list. Typically,
we have not paid out for private roads so I take note
that 10 private roads have either been notified . . . or
taken note of, I should say, and so are we going to move into a different phase that we are going to be
assisting with the private roads since the performance
measure is there?
I asked a questi on about the asbestos already
so that is fine. And he did tell us about the number of
working garbage trucks as well. So what I would like
to be able to do . . . I am on page B -236, the last item
under Performance Measures under Head 82, Works,
Average num ber of working garbage trucks available
at work each week are eight. Oh, a question about the
garbage trucks. Are we using a subcontractor? B ecause I know at one particular time, I think we used Hunts one particular time. Are we doing that now as
well or are preparing them ourselves?

[Inaudible interjections]

No, no, no. I appreciate the
Minister does a thorough job, so I do like to hear what
he has to say so . . . on page C -5, under Capital D evelopment. There wasn’t much said about unit 75003, Corporation of St. George’s Grant. We were well over
that in the past and I know the last couple of years we
have been down to $500,000. I just guess I am wondering, now that we are moving into a new phase. I
certainly see new revenue coming in and increasing
. . . as to whether or not we are going to continue to
assist in it in whatever way we can with the Corpor ation, especially St. George’s, in assisting them with getting . . . maintaining the infrastructure there and the
likes. So, obviously it is not going to happen this year, but I am sure they have probably asked for more. Is there any intent of becoming more involved with St.
George’s? I know that there is a case going on and
we are trying to decide on what is going to happen in
the future, but . . .
Under 75053, we are on the same page C -5,
Miscellaneous Small Projects. It is a small amount of $108,000 that was anticipated there. If you look at the
numbers under the Ac tuals of 2021/22, we were up to
456. That is after the actual numbers come in. Do we
anticipate the revised amount coming up from
$108,000, maybe closer to the 400 that we see under
2021/22? And what small projects might we have
done? In particular, these areas here. These can be
small projects that we are doing for . . . just so the
public knows. It is classified as new, but it could be small projects that we are doing for a quango or
something like that, just assisting. They could be for the Corporation. What works did we do there?
If you go over to page C -6, turn over the page,
and the Minister was quite exhaustive here. I am just going to highlight one or two areas because I know we only have a half an hour left. Let me pick them out.
Just give me a sec ond.
The Minister spoke exhaustively on the Res idential Programme under Bermuda Housing Corpor ation. But under Public Works, at the head there, under 75099, Office Relocation and Alterations, I believe
that the Minister said that this was Marine Headquar-ters. I believe that he said [that]. If you could just confirm that for me because that was one of those areas
that I missed as he was speaking. I think he mentioned . . . yes, headquarters there.
We are on page C -6, Madam Chairman, under Public Works at the top, 75099, Office Relocations
and Alterations. That is where we are.

I am going to skip down
here. He mentioned about the housing grant. That’s
new. Okay. I am going to go down to Public Lands
and Buildings, 75356, Molecular Diagnostics Lab. I
noticed that we had a TAF of $1.2 million, but if you
add up what we actually did there, there is an alloc ation of $1.065 million and then $771 [million]. I know this was during COVID -19. It looks like w e had some
added costs as to what we thought it might be. If the
Minister can confirm that. And also, under 75357, he


Bermuda House of Assembly did speak of the Solar PV on government buildings.
He mentioned TCD. Just a question in mind with
some of the community clubs, and senior homes. Is
there any intent of maybe also including them? B ecause we know the non- profit organisations and the
likes, assistance, if we are looking at maybe putting solar panels there as well, it is a fantastic idea that we
are doing that.
The Minister did speak about the electrical
vehicles. So what I would like to be able to do . . . ah!
Still under that section, Madam Chairman, just up a
little further, 75330. The old police station, Allenhurst.
Could the Minister give us an idea. I noticed that some
lumb er was just dropped there the other day. Where
are we with that particular project? Are we in a holding
pattern right now? Still seeking out opportunity? If we
can get an update as to what is going on with the old
Allenhurst building.
I thought we renamed that; we need to
change that, don’t we? Yes, we need to change that name in the Budget Book. So, just take note Madam Chairman, if we could change that, because it is not
the Allenhurst building anymore. If we could change
that. If we renamed it, let’s rename it and make sure it
is in the book.
If we go down further to Works and Engineering, the very first head, which everyone wants to know
about, Road Works. Everybody wants to know what’s
happening with the roads. Blah, blah, blah. The Mini ster did lay o ut a schedule to us as to what was going
on. It is progress. I have to declare my interest. My daughter is senior counsel there at BELCO. I know
that a lot of work is going on. So, under Works and Engineering, for the Road Works, 75042, we see that
it is a n allocation of $2- and-a-bit million for road
works. I remember hearing the Minister say that, and
it was a roundabout figure, He said, I don’t know.
Maybe about $200,000 per mile. Do we have an idea
of how much road works we are going to be able to
cover with that $2 million? I know he was taking a
guesstimate so I am not holding him to that number,
per se.
And do we believe that we are going to be
able to get in . . . aggregate is so . . . everything is
getting difficult. Everything is getting more expens ive,
as we already know. So, if we are going to be bringing
in asphalt, have we looked at our options in trying to
find out where we are going to be getting that from? I
know that we probably bring in, I don’t know if we still
do, one of the highest valued asphalt in the world.
Bermuda’s got the best of the roads. It is like the gas; we have premium gas. We don’t get all that other type. We get the high value gas here. So, it would be
interesting to see how much road are we anticipating
for the year with that $2 million. That we could . . . if it
is at $200,000 per mile then it is about 10 miles, right?
Maybe it is more. I don’t know.
He answered about Water Projects. Under 75046, Improvements in street lighting.
I found the answer to this one really inter esting. It said
it is for LED lights and they are working with BELCO
on this one. So, that amount is a $560,000 allocation
for LED lighting. And I thought we were doing a fan-tastic job with our lighting so what exactly is that for?
That amount? Because I k now that we had a real
push going on, in listening to the Minister over the
years. Even when we were there as Administration a
lot of work was done on LED lighting. Is there more
that needs to be done, or what?
The Minister did talk about the St. George’ s
sewage plant. It is good to see that we are going to be
doing away with dumping waste down in St. George’s.
It would be interesting to know whether or not any
communication has been had with the Corporation of
Hamilton. Because they are dumping truckloads off of
the South Shore there as well. Are we making any
headway there as well ?
We talked about asbestos. Swing Bridge. The
Minister did mention King’s Wharf. So I will go over to page C -7. Under 75324, there has been an allotment
for the Morgan’s Point remediation of $100,000. I am
just curious about that land because Bermuda was left
with, quite frankly, tons of oil in some of those caves
out there. It would be interesting to hear where we are
as far as remediation is concerned. Are we still finding any issues? I am sure we probably will on that partic ular land when it comes to remediation.
Can we go over to page C -28? Under Head
81, Public Lands and Buildings, the second section there, Heavy Equipment Shop, Unit 20 Southside. We had a revised amount of $66,516 and it is now at zero.
Have we moved the heavy equipment shop som ewhere else? It would be interesting to know where they are. Or has it been done away with completely?
Where have we moved it? It looks as if it is no longer
at 20 Southside.
Maybe I will send the rest of the questions d irectly to the Minister or the PS. I will bring a close to my questionings. I know that the Minister doesn’t have
much time. Thank you for the review that he gave.

Yes, thank you, Madam Chai rman.
Minister, I have just one question and I will
take a stab at the right line item and I may be wrong
on the line item and indeed I may be wrong entirely on this. But I just wanted t o know. I think it is page B -232,
line item 9025, Water and Sewage Administration. MP
Cannonier had asked about BELCO earlier. I am cur ious, Minister, is there any contemplation of running
water piping to the houses around BELCO so they
didn’t have to take the water supply from the roofs?
And if so, what sort of cost would you put that at?
That’s my final question. Thank you.
508 27 February 2023 Official Hansard Report

Bermuda House of Assembly The Chairman: Thank you, Member.
Minister, you have the floor.

Thank you.
Okay. So, I have answers on every device
known to man, including paper. It is slightly out of order, but we will do the WhatsApp ones first.
There was a question in relation to potholes.
We are employing a new saw cutting method to create
better and long- lasting temporary patches. (Don’t ask
me what that is.) And they are using additional staff to
create two teams to address areas faster. The real
fixes will come at the permanent reinstatement which
is currently taking place on Harrington Sound Road
and will continue to the other roads impacted by the
BELCO trenching, starting with Middle Road and
Flatts, following Harrington Sound Road. Let me also
state that a number of the areas that I have indicated
across the country as well as our own drivers that are
the worst in the countr y are going to patch them whilst
we are waiting for full remediation so that the drive is a little smoother than it currently is.
The next question was Public Lands and
Buildings in relation to vacant buildings. The emphasis
has been to invite proposals for long lease with the
tenant investing in the refurbishment. This has been
successful at Admiralty House where we signed
agreements with the Portuguese Association who took
over the former Sea Cadet building. Also with house
property at Hog Bay Park in S omerset, at Dubloon
Cottage, and a building at Coney Island are currently
out for RFP, and other buildings at Southlands. I can
also indicate that we are about to sign an agreement with Masterworks Foundation who are going to take
over the building that us ed to be the Parks Headquarters at the Botanical Gardens for refurbishment and
turn it into an education centre. (I think those are the
WhatsApp questions.)
I am going to go in the order in which they
came, hopefully. So, the potholes question I just answered. There was a question on page B -215, Admin
safety emphasis. This would be the Ministry’s Safety
and Health Officer, Derrick Simmons, who has pr ogrammes as well as health screening for employees.
Were there any increases in fees? This is
across the Ministry. Yes, there was a 5 per cent i ncrease in Public Works fees and 5 per cent in Water.
Trucker’s fees, a question in relation to those
people who owe government money. Do they still get government work? The short answer is yes. Part of
the awarding of the contract process is to give a report
on what is outstanding in fees to the government. Public Works, Accountant General, Office of the Tax
Commissioner, and Social Insurance. Those who
have fees outstanding can still be awarded gover nment contracts as long as they have a payment plan
in place that they are honouring with those agencies
so that we stand a chance at getting money back. And
there is provision made in the award of the contract that some of those funds go directly toward paying
their indebtedness.
Maintenance on the poles. Yes, it is ongoing
maintenance. Every two years we have a structural
review of the towers which will let us know what needs to be repaired. These are the Communication’s to wers. Emphasis is on security and changing acces s
points.
Are the 120 questions for Health and Safety
just for HD 36? No. This programme is for all persons within the Ministry.
The differences between salaries and wages.
Salaries are BPSU staff and wages are BIU staff.
There are only nine BIU staff in Head 36 versus 31
BPSU staff.
Bermudiana Beach Resort. Based on the current projections . . . the construction budget for the
hotel is up to $29,240,027. Up to January 31, we have
spent $11,221,303, which is about 38 per cent of the
total cost . The funding for this is coming from the Mi nistry via the loans that have been guaranteed by the
Government to complete this project. So, when I talk about the 94 condo units with 110 hotel keys, the reason why they are separated out is because you can
buy a condo unit that is studio, one, two or three bedrooms. But if you . . . that will be the 94 condo units.
But that same three- bedroom condo unit that belongs
to one owner could easily be separated out into four
different units. And so that is how we get the increase
in keys.
So, you would rent it out as a hotel room as a
studio or as a one- bedroom apartment. And so, ther efore, obviously the prices of those varies based on the water views that you have. The water views would be
more expensive for a studio, one bedroom, two bedrooms or three bedrooms.
In relation to the renovations, I did indicate
that there have been some delays. And if at the 27
th of
February we are 38 per cent completed in the works,
that is a significant distance to go for completion. So
the original date was a June date for opening. We expect Hilton, who have been visiting periodically
throughout this process, to have input in the quality of
the work that is being done and the plans going forward. They are due in the next few months and at tha t
stage a decision will be made on the likely opening
date.
On page B -221, in relation to Lifeguards. The
FTE is shown as 12, but there really is only one full -
time person who works in the Parks Department. The
lifeguards are seasonal workers and so at the end of
the day this year we expect to have 22, but they would not be carried as full -time employees.
Regarding Camden, the answer is the repairs
. . . this has been a long project of renovations and
repairs. I believe the entire front porch was replaced.
But those repairs are going apace and we are hoping
to have the facility finished and opened by the second quarter of this year.


Bermuda House of Assembly Are we taking over the maintenance of the
railways from the private contractors? Yes, we have. It
has proven cheaper to use Parks staff over the weekends, thus bring . . . [something] ] contractors ? But
there also is a plan with ABIC, I think, one of the inter-national company groups, that have adopted just
about the entire railway trail throughout the Island and
are doing maint enance on it on a regular basis. So we
will continue to work with them.
Maintaining of the forts. There are several
things going on in that regard. In relation to the World
Heritage Site, there is a challenge to the status of the
World Heritage site as a result of St. Regis being built
on the beach. We have been in discussions with the
World Heritage organisation for the last two years or so about the ability for SDOs to override the Minister
and a threat to Planning. The maintenance of the
World Heritage site, which is being currently done by
nobody actually, but was being done by a volunteer
organisation, we are going to take steps to beef up the
management of the World Heritage s ite and to provide
some permanent support in addition to the one person
who works in the Department of Planning who has
provided a lot of documentation and work.
We are just about to write back to the World
Heritage site setting out what it is that we are doing to
ensure the stability of the sites. What will help us in
this regard is the volunteer work that has been done
by people in St. George’s in refurbishing various forts.
Both the hotel developer and volunteers in St.
George’s have been doing that work and that will go
some ways to helping us stabilise the argument for
retaining World Heritage site status but also providing
a means where we can have a structure in terms of
how we address maintenance of the forts in the country.
So far the focus has primarily been on St.
George’s. But it is St. George’s and fortifications throughout the country and we have not focused on
the fortification part. So this will help to support that work.
What is the rental increase of $150,000? This
was on page B -222. This is for the annual AG Show.
And so it was put there as a placeholder until April 1.
We are late to the game in this budgeting process, but
it will be allocated to the correct object code, salaries, contractors, advertising, maintenance and materials.
Abandoned government buildings. I spoke to
that already. Lifeguards, I spoke t o that.
What is 92002, Electrical Support ? Is this
maintenance? This is primarily for payment of the BELCO bill for the Island’s streetlights , also for repairs
to the poles and lights as a result of hurricanes, high
winds and winter storms. BELCO are the provider s of
the work, so we budget it, people call us, and we ask
BELCO to go out and do the work, and it is drawn down from the funds that are in the budget for maint enance. Road cleanings, can we do this faster? This
was the reason for the third road cleaning group. This
is a long and painful process. About four years ago
the Department of Energy and Natural Resources
banned us from using Roundup.

[Inaudible interjections]

But you can still go to
Gorham’s today and buy Roundup, so we are having
our own internal challenges. But we do have as r ecently as two weeks ago an offer of an alternative s olution. That is why the country looks the way it does because we are not able to use Roundup. And the
truck for road sweeping h as been out of service. So
we expect that we will have a better look to the cou ntry by hiring another crew and hopefully getting some type of pesticide that will help us in that regard.
Are we expanding potable water to homes?
The answer is that we have t o get the main sorted
first. What we are doing in St. George’s is the tem-plate for the rest of the Island.

[Inaudible interjection]

Money, coming to do
that.
And so for St. George's the primary function is
the main line ’s fault. And then we will work methodically, particularly with St. George’s where the streets
are narrow and the houses are close, about how we
can get those lines to individual homes. But the prop-erties in St. George’s that are currently on the waterline, like some of the condominium associations will
come online when the current work is completed.
Street lighting increased cost. I answered that.
Improve Parks ordering process. The short answer is no. It hasn’t improved. The outlook for the future is
bright if we could get the people in the Accountant
General’s Department to release some of the abilities
of E1, which does inventory, does assist us greatly in
a number of things that we are doing, particularly, i nventory and the recharging the provision of f uel to
government vehicles to other ministries.
I am not sure that we are going to have some
real success there because they have been withdra wing access to certain aspects of E1, as opposed to opening it up. It is made by Oracle. I mean, the opportunities for improvement in services , in our opinion ,
are just dramatic. There is also . . . we have also wit hin the Ministry —

It has been moved that Heads 36,
53, 68, 81 and 82 be approved.
Is there any objection to that motion?
No. No objection.
Agreed to.
Thank you.

[Motion carried: The Ministry of Public Works, Heads
36, 53, 68, 81 and 82 were approved and stand part
of the Estimates of Revenue and Expenditure for the year 2023/24.]

[Hon. Derrick V. Burgess, Sr., Chairman]

Honourable Members, we are now in
Committee of Supply for further consideration of the
Estimates of Revenue and Expenditure for the year
2023/24. Heads 87, 3, 4, 74, 75, 88 for the Ministry of
Legal Affairs and Constitutional Reform are now to be
debated.
Minister Simmons, you have the floor.

Hon. Kathy Lynn Simmons: Thank you, Mr. Chai rman.
Mr. Chairman, I would like to preface the
presentation of my Heads by extending thanks to my
Ministry Comptroller, Onika Mendes who unfortunately
cannot be worth us today. She has worked tirelessly to put together the budget for the Ministry and she is
also mourning the recent passing of her father. So
sincere condolences to her. And thanks to our longacting and recently appointed Permanent Secretary
Gina Hurst Maybury who coordinated the preparation
of these very comprehensive briefs, who also is not
here today because she is overseas.

You are by yourself.
Hon. Kathy Lynn Simmons: Yes. Flying solo, but I
will be joined by members of my team later.
With that, Mr. Chairman, I move the following
Heads: 87 —Ministry of Legal Affairs & Constitutional
Reform Headquarters; 3 —Judicial Department; 4 —
Attorney General’s Chambers; 74—Department of
Court Services; 75— Department of Public Prosec utions; 88—National Drug Control, be now taken under
consideration.

You have the floor.

Hon. Kathy Lynn Simmons: Thank you, Mr. Chai rman.

MINISTRY OF LEGAL AFFAIRS AND
CONSTITUTIONAL REFORM

HEAD 87 —HEADQUARTERS

Hon. Kathy Lynn Simmons: Mr. Chairman, it gives
me pleasure to present the Budget Brief for this Mini stry as we approach our work with vigilance. The Mi ssion Statement and Department Objectives for the
Ministry of Legal Affairs and Constitutional Reform
Headquarters begins on page B -72 of the Estimates
Book. The Ministry will dutifull y plan and prioritise its
operational programmes and activities to achieve tan-gible outcomes within the upcoming financial year. All
financial commitments will be utilised to enhance deliverables, whilst remaining responsibly within the fi scal allocation.

Mission Statement

Hon. Kathy Lynn Simmons: Our mission statement
is To facilitate fair and equitable administration and
access to justice by delivering effective legal services;
and advancing policies and legislation that preserve the rule of law and aff irm social justice progress and
constitutional renewal.
Mr. Chairman, the Ministry of Legal Affairs
and Constitutional Reform Headquarters continues to
expand upon its existing initiatives and will, in the u pcoming fiscal year, embrace new initiatives, ex ercising
fiscal prudence.
The Ministry’s public officers will continue to
exercise creativity and vigilance in all aspects of realising its objectives, and in delivering programmes and
services that consistently add value to the lives of the
individuals in the community making good use of its
allocation.

Department Objectives

Hon. Kathy Lynn Simmons: The objectives of the
Ministry of Legal Affairs and Constitutional Reform
Headquarters, page B -72, are:


Bermuda House of Assembly • to advance the Government’s policy initiatives
under the direction of the Minister of Legal A ffair and Constitutional Reform;
• to ensure the Government’s legislative framework is updated and current with policy
objectives;
• to create synergies amongst Ministry depar tments to ensure that overall policy objectiv es
are met;
• to implement and monitor the targeted fina ncial sanctions regime and to ensure Gover nment’s compliance with UN and UK oblig ations and to mitigate any associated risks.
The Ministry of Legal Affairs & Constitutional
Reform overall boldly embraces the immense responsibility to:
• advance the Government’s policy and legisl ative initiatives;
• draft legislation;
• uphold the constitutional rights of our citizens;
• deliver effective legal and judicial services;
• provide policy support for the implementation of Government’s priorities and Ministry mandates; and
• keep the laws of Bermuda under constant r eview and provide mandated services to en-hance the quality of life for the people of Ber-muda.
The Ministry’s budget priorities are construc ted to ensure effecti ve execution of the mandates of its
essential programmes and to advance the implementation of the Government’s strategic direction within
the allocated resources.
Some of the programmes include, but are not
limited to:
• providing critical legal services and programmes which have a direct impact upon the administration of justice;
• protecting financial establishments from money laundering and terrorist financing;
• dispensing legal aid assistance to those who meet the statutory means test to ensure that
they hav e access to quality legal represent ation, and to advocate for their rights in court;
• protecting vulnerable witnesses in their crim inal justice system;
• delivering effective offender management r egimes;
• providing certified education, treatment, pr evention an d awareness to protect our youth
and adults from the scourges of addiction to i llicit drugs and alcohol.
All of these will be expounded on in the individual department or section b udget briefs.

Current Expenditure
Hon. Kathy Lynn Simmons: Mr. Chairman, t he Mi nistry’s current expenditure commences on page B -71
of the approved Estimates of Revenue and Expend iture for the year 2023/24 (the Budget Book). A budget ceiling of $33,221,000 is allocated to the entire Mini stry for the 2023/24 fiscal year. This repr esents a
$504,000, or 2 per cent increase from the current
2022/23 fiscal year. A balance will be obtained be-tween optimising spending limits without overly compromising the efficient delivery of its services and pr ogrammes. As business has generally moved beyond
the pandemic restrictions, additional care will be given to evaluate programme effectiveness over this fiscal
year.
We highlight two programme alignment
changes which occurred in the past fiscal year: the
Mirrors programme transferred from this Mi nistry to
the Ministry of Social Development and Seniors and
the Consumer Affairs Section transferred into this Mi nistry from the Ministry of Home Affairs Headquarters. We wish all staff well, those who left us and those who
transferred in.
Mr. Chairman, overall expenditure allocations
to the Ministry by department are as follows:
• Ministry of Legal Affairs & Constitutional Reform Headquarters —$6,006,000;
• Attorney General Chambers —
$5,544,000;
• Department of Public Prosecutions —
$3,625,000;
• Judicial Department —$9,392,000;
• Department of Court Services —
$4,590,000;
• Department of National Drug Control —
$4,064,000.

Revenue

Hon. Kathy Lynn Simmons: I begin, Mr. Chairman,
with a brief synopsis of the Ministry’s revenue stream as I expound on the overall budget. The departments
under the Ministry’s portfolio whose mandate directly
entails generating revenue are the Judicial Depar tment and the Consumer Affairs ’ section of Ministry
Headquarters.
Accordingly, the Judicial Department’s rev enue stream is projected to yield $5,527,000 during the
2023/24 fiscal year. This amounts to $963,000 or 21 per cent more than the 2022/23 original estimates.
The increase is projected to return to pre- pandemic
levels from the collection of traffic and parking fines. In
addition, we envisage that civil and bailiff fees will also
increase over the fiscal year for the same reasons.
Ministry Headquarters is projecting additional
revenue of $17,000 which will be earned from licenc e
fees and penalties under the Consumer Affairs bus iness unit, which now falls under the Ministry Headquarters. In the 2023/24 fiscal year, a review of the
Vacation Rental Certificates is expected to, if impl e512 27 February 2023 Official Hansard Report

Bermuda House of Assembly mented within the fiscal year, lead to an increase of
revenue for this business unit .
Mr. Chairman, a total of $6,006,000 has been
allocated to Headquarters. This represents an i ncrease of $148,000, or 3 per cent from the 2022/23
original estimates. This adjustment is mainly due to
the Consumer Affairs section transferring to Ministry
Headquarters.
Mr. Chairman, the Ministry of Legal Affairs
and Constitutional Reform Headquarters is subdivided
into seven fiscally identifiable programmes/business units as follows:
• 97000— Administration;
• 97010—Financial Intelligence Agency (a
Grantee);
• 97020—Consumer Affairs;
• 97030—Legal Aid Office;
• 97070—Justice Protection Programme;
• 97080—Financial Sanctions Implementation Unit; and
• 97100—Law Reform Commission.
I will proceed to address these business units
individually, Mr. Chairman, as follows:

Administration— Programme 97000

Hon. Kathy Lynn Simmons: The original estimate for
2022/23 is $1,023,000. The estimate for 2023/24 is
$833,000, which is a decrease of $190,000, or 19 per
cent.
The Ministry Headquarters’ Administration
business unit provides for the administrative and personnel costs associated with the daily operation of the
Ministry Headquarters . And I have already said what
that allocation is. This reduction is mainly due to a
reduction in training and overseas travel costs. Also contributing substantially to the decrease i s a realignment of one FTE , or post, and associated costs for the
setting up the new Law Reform Commission business unit.
Funding from the Administration cost centres
will be used for salaries for four staff in the amount of $401,000; $356,000 is allocated for consultant costs;
telephone expenses have an allocated cost of
$49,000; $12,000 is allocated for office supplies; and
the remaining funds are allocated for food, hospitality, training, repairs and maintenance in the amount of
$15,000.
Throughout the f iscal year 2022/23 to date,
$47,000 was expended on telephone expenses. Out of the consultancy vote, collectively, $169,000 was
spent for legal fees for judicial review; a consultant to undertake administrative functions for the Criminals
Injuries Compensation Board; and payment for consultancy work for the proposed Office of the Public
Guardian; and a consultant hired to undertake the
work for the Assessment Report on Constitutional R eform options. [There was] $10,000 spent on office
supplies . Ministry In itiatives
Hon. Kathy Lynn Simmons: Mr. Chairman, I will now
detail some of the principal Ministry initiatives undertaken in the 2022 fiscal year which are carrying over into the 2023/24 fiscal year that fall within the Admi nistration cost centre.
Firstly , amendments to the Matrimonial Causes Rules 2022, which will give operational effect to the
Matrimonial Causes (Faultless Divorce) Amendment
Act 2022, are being fully implemented. This array of reforms were aimed at moderni sing matrimonial law in
Bermuda. The Honourable Chief Justice supported
this initiative, as the Judiciary, Judicial Department and the Ministry collaborated on the implementation.
These reforms statutorily aid in the reduction
of conflict between persons applying to court for d ivorce, nullity of marriage or judicial separation, by r eframing the prescribed procedures and formalities affecting the most contentious parts of the court pr ocess. In totality, the reformed matrimonial proceedings
will no longer be a process which, of itself, woul d amplify or cause undue conflict between the parties. I will
provide a formal update to the general public on this
initiative very soon.
Mr. Chairman, the Criminal Code Amendment
Act 2022, amended sunset clause provisions in the
Criminal Code Act 1907 to establish and concreti se
sections 33A, 70JA and 70JB of that Act. Those pr ovisions which operate to mitigate the risk of serious
and violent crime resulting from unlawful gang activity
are now a permanent fixture in the criminal law. The Ministry Headquart ers continues to monitor the pract ical application of the remaining sunset provisions in the Criminal Code Act 1907.
Mr. Chairman, Ministry Headquarters’ support
has been endorsed by the Government as prepar ations are active for a jurisdictional peer revie w of Be rmuda to assess and ensure our compliance to Anti -
Corruption standards. Section 22 of the Bribery Act
2016 establishes a National Anti -Corruption and Bri bery Committee (NACBC), which is chaired by the
Commissioner of Police. The Implementation Revie w
Mechanism [IRM] will evaluate how effective agencies
are in detecting, investigating and prosecuting corrup-tion matters. There are no clearly identified budgetary
allotments for this initiative as the jurisdictional peer
review is principally sponsored b y the United Nations.
Mr. Chairman, the Cannabis Licensing Bill
2022 did not receive assent from Her Excellency the
Governor, as the Bill was not supported by the UK Government. The Bill outlined the framework for regulated cannabis regime for Bermuda whic h would be
world -class. Forging ahead, the Government conti nues to recognise the myriad benefits that cannabis reform can bring, and the Ministry Headquarters will
continue to provide support for the advancement of this initiative, with the Government of B ermuda’s enBermuda House of Assembly dorsement. Approximately $50,000 is allotted for the
projected administration of this initiative.
Mr. Chairman, the Criminal Injuries Compensation Board ( or CICB , as we call it ) has the mandate
of providing financial rewards to victims of violen t
crime, and/or their families. The Board’s activities are
sponsored by the Ministry Headquarters. The CICB’s
budget allocation for 2023/24 is $325,000. This is the
same as the current fiscal year. Numerous compens ation awards were made in the 2022/23 fisc al year,
amounting to approximately $282,000. The Board en-sures that compensation awards are fair and just, as
per the intent of the Criminal Injuries Compensation
Act 1973.
Commencing in February 2023 (this month, it
is almost over) , the administrative s upport for the
Board is now undertaken by administrative personnel
within the Ministry. This will amount to an estimated
savings of $30,000. Policy development leading to
recommendations for legislative amendments will be
conducted in the upcoming fiscal y ear so that the
framework for granting awards is revised, sustainable
and compliant with local jurisprudence.
Mr. Chairman, the Ministry Headquarters has
responsibility for managing applications for the E xpungement of Criminal Convictions for possession of
small amounts of cannabis, per the Expungement of Criminal Convictions Act 2020. Administration of this
statutory programme continues as a work in progress.
Practical limitations for some of the 49 applications
received to date, have arisen. Chiefly, chal lenges fin ding reliable records which identify the exact amount of
Cannabis a person may have been convicted of pos-sessing. Effective troubleshooting, in collaboration
with the Bermuda Police Service, is ongoing to ensure
equal access to the life- changing effect that an E xpungement Order may have for the individual appl icants. There is no budgetary amount for this pr ogramme, as existing administrative and technical r esources are employed for this purpose.
Mr. Chairman, the Ministry Headquarters r emains responsive to the efficacy of the Public Notific ation for Sex Offenders protocols. One public notific ation was issued this past year. Notwithstanding, in all cases of offender release which falls under the prot ocols, notification is given to the victim and/or their fa mily, prior to the offender’s release from incarceration.
The entire protocols are under review, with a view to
recommendations for improvements, as necessary.
Mr. Chairman, it is the Government’s position
that constitutional reform in today’s cont ext would be
incomplete if it does not include the exploration of options for full self -governance for Bermuda— whether
that is by way of sovereignty or one of the other internationally recognised pathways, such as integration or
free association. The Gover nment’s intent to take a
wider scope to constitutional reform encompassing a
“mature approach” to discussions with the UK Government about self -determination for Bermuda, along-side public engagement at home through wide -
ranging community discussion and education, will be further elucidated over the next year.
The benchmarking assessment of Bermuda’s
perceived readiness to advance towards greater or full
self-governance is being used as a stepping stone for
positioning, discussions and public educ ation. The
Assessment Report was released to the pub lic in D ecember 2022, alongside the publicly di sclosed cost of
$50,000.
Mr. Chairman, the Government cannot directly
control food prices. However, through the work of the
Cost of Living Commission and the statut ory powers
under the Cost of Living Commission Act 1974 (as
amended) and the Cost of Living (Essential Commodities) Regulations 2022, the Ministry (with Consumer
Affairs) is actively creating new mechanisms for duty relief to retailers so that ultimately c osts for customers
at the till for essential goods can be reduced. In fiscal
year 2023/24, the Ministry will continue to give life to
the Cost of Living Commission’s recommendations on
essential commodities and build the necessary infr astructure to ensure accountability and understanding
for the grocers and wholesalers as they comply with
the Regulations. Further detail about this initiative is
included in the section of the brief devoted to Consumer Affairs’ current account expenditures.
Mr. Chairman, the Ministry Headquarters r emains fully committed to supporting the Minister and
the Government’s responsibility to the development of
pathways for Bermudians to join the legal profession.
Presently, the Ministry’s Pupillage Programme has two aspiring female l awyers enrolled in the pr ogramme. The profiles and interests of the pupils were highlighted recently in a Ministerial Press Release.
The Ministry welcomes Ms. Ashley Fubler and Ms.
Tjana Wharton, and we look forward to their succes sful completion of their pupillage and their admittance
to the Bermuda Bar. We are already encouraged by their astuteness and performance thus far. Mentoring
and commitment to our young aspiring barristers continues to derive measurable dividends for the admi nistration of justice and the rule of law in Bermuda.
Mr. Chairman, the Pupillage Programme will
continue to operate under the leadership and superv ision of highly experienced senior lawyers, with an allotment of $235,000 for the 2023/24 fiscal year. This
allotment makes provis ion for three pupils. Consider ation also is being given to recruit a third pupil to join
the existing cohort, as a previously selected candidate
withdrew.
Mr. Chairman, during the upcoming 2023/24
fiscal year, the Ministry of Legal Affairs and Constit utional Reform’s Headquarters will be just as energetic
and creative as previous years, as we embrace several new initiatives, in addition to our existing pr ogrammes.
Mr. Chairman, the Ministry Headquarters will
continue the work towards advancing a framework
514 27 February 2023 Official Hansard Report

Bermuda House of Assembly and implementation for the Office of the Public Guar dian. A policy document and a policy paper are in final
stages of production for the consideration and approval by the Cabinet before the end of the current
fiscal year (actually, it is quite imminent). The Office of Public Guardian, once implemented, will provide advocacy and legal services for vulnerable citizens who
cannot themselves manage their legal and financial
affairs. Having an independent established office with
the legal power to make decisions in the best interest
of persons who may lack mental capacity has long
been recommended by the courts; advocates for seniors and persons with disabilities; and from the office
of Ageing and Disability Services, and from within the
Ministry of Health.
Resour cing this initiative is likely to entail pr ospects of re- assignment of public officers, consultancy
contracts and cross -ministry resource- sharing. At this
stage $10,000 has been allocated to what are necessary administrative responsibilities for this initi ative.
And note, Mr. Chairman, we intend to try and reassign
existing resources as a cost saving.
Mr. Chairman, the Ministry’s additional pr ojected policy initiatives in support of the Government’s
priorities for 2023/24 include
• a revision of court fees (v ia the Judicial D epartment) to increase the stagnated court fi ling and other fees for better alignment with
other jurisdictions and inflation;
• developing the framework for mortgage r eform;
• review and proposed revisions to the Sex O ffender Protocols;
• compr ehensive review of the outdated Landlord and Tenants Act 1974; and
• further steps toward the successful implementation of a regulated cannabis regime for
Bermuda.

Consumer Affairs — Programme 97020

Hon. Kathy Lynn Simmons: Mr. Chairman, Consumer Affairs budget allocation can be found under
the Ministry of Legal Affairs and Constitutional Reform
Headquarters, Head 87, on page B -72 of the Est imates Book.

Mission and Objectives

Hon. Kathy Lynn Simmons: Mr. Chairman, t he Consumer Affairs Section is new to t he Ministry of Legal
Affairs and Constitutional Reform. The mandate of the
Consumer Affairs business unit is to consistently deliver proficient and professional services that empower
consumers to make informed decisions, to effectively
protect consumer rights and to encourage compliance
and self -regulation by commercial enterprises, debt
collection agencies and residential landlords. In su pport of its mandate, the mission statement of Con-sumer Affairs reflects the values which drive its regulatory activitie s, To operate with integrity, transparency and efficiency in the fulfilment of its mandate and
the protection of consumer interests.
In order to consistently achieve its purpose,
Consumer Affairs’ mandates require that their focus areas include
• providing a market that is fair, equitable,
transparent and accountable thus providing
an economy that works for both businesses and consumers;
• providing the appropriate level of support and
advice to consumers through active consumer
engagement, education, empowerment and
enforcement to build confidence and trust with
all stakeholders within a given transaction;
• establishing and enforcing product safety standards;
• providing the appropriate level of support and
advice to commercial businesses, debt collection agencies and residential landlords
through effective and active oversight, educ ation and assistance;
• providing timely responses to consumer co mplaints received;
• providing timely responses when receiving
applications for issuing debt collection licences, vacatio n rental certificates, rent increase
assessments and product safety recalls;
• ensuring the availability of affordable reside ntial rental units, that residential tenants are protected from unlawful evictions and landlords are afforded a fair economic return;
• providing external stakeholders with the assi stance and guidance needed to assist disadvantaged and vulnerable members of society;
• providing accurate information, advice and
assistance with respect to the management of
civil court proceedings;
• remaini ng mindful of international methods of
best practices and industry developments that
may impact consumer interests; and
• collaborating and consulting with various go vernment departments and public sector stakeholder groups.

Expenditure Overview

Hon. Kathy Lynn Simmons: Mr. Chairman, The
Consumer Affairs Business Unit has a budget of $917,000 which is an increase of 7 per cent over last
year’s budget of $852,000.
The areas of expenditure have remained sim ilar to the 2022/23 allocation, with the following not eworthy changes:
• Consumer Affairs increased its Board and
Commission budget by $25,000 to accomm oBermuda House of Assembly date the Cost of Living Commission, now under its remit .
• The community outreach budget has been i ncreased by $17,500 to accommodate the Cost
of Living Commiss ion and Banking initiatives.

Revenue

Hon. Kathy Lynn Simmons: The Revenue Summary
for the Ministry Headquarters is found on page B -73. It
is projected that Consumer Affairs will collect $17,000
during the fiscal period from the collection of licensing
fees for debt collectors as well as fines for breaches of
the Consumer Protection Act. This revenue is recor ded against the revenue for the Ministry Headquarters.

Staffing

Hon. Kathy Lynn Simmons: Mr. Chairman, the Consumer Affairs Business Unit comprises seven posts
for a total cost of $690,000. These are all full -time and
represent no change from the preceding fiscal period
2022/23.
Mr. Chairman, the Consumer Affairs Board
was established to make provision (as you would
know) for the protection of consumers in respect of
unfair business practices and the safety of consumer goods. One of the primary responsibilities of Consumer Affairs is to preserve, protect, and enforce consumers’ rights when purchasing goods and services. Con-sumer Affairs also license and regulate Debt Collectors and provides complete oversight on how debt is
managed and pursued to ensure fairness and consistency within this industry.
Mr. Chairman, the current year expenditures,
to date for this section are realised in the following
areas :
• $4,657 spent on office supplies;
• $18,000 spent on online advertising and pr omotions;
• $6,208 for electricity;
• $46,820 for building rental; and
• $1,850 for Boards and Committee fees.
Mr. Chairman, Consumer Affairs officers were
thrust into action as the gl obal economy began to reopen in the aftermath of the pandemic, as consumers’ demand for goods recovered more quickly than supply
could immediately meet. As within other jurisdictions,
some commodities, components and raw materials have been hard to source, putting pressure on global
supply chains. Businesses claim this to have contri buted to higher prices, shortages of consumer goods,
and difficulties with product recalls. Consumer Affairs
continuously worked with industry to find a viable way
to resource from other global entities. With the latter, redress is ordinarily negotiated with the manufacturer
however, many businesses, both local and overseas,
were not fully functioning in the past fiscal year, fur-ther exacerbating and frustrating consumer protect ion,
redress and satisfaction.
Mr. Chairman, i t is evident that over the past
year Consumer Affairs saw a sharp uptick in local
consumer and business complaints. The types of
complaints, categori sed by areas corresponding to
particular business/customer relationships, are as follows:
• non-payment of rent, verbal and physical
abuse, maintenance and upkeep of premises,
construction delays totalling approximately
225 complaints;
• shipping times, unavailable parts, replac ement appliances, construction materials;
• banking, mortgages, missing funds, wire
transfers, closing of accounts; and
• telecommunication, contracts, unauthorised
phone sales, scams.
Mr. Chairman, Consumer Affairs is also r esponsible for r ent control and v acation rentals. Rent
control operations ensure that the rental market pr ovides affordable units for lower income Bermudians
through the control of rental increases, whilst also
providing security of tenure. Vacation rentals are also approved and given oversight by the inspections of properties car ried out to ensure that properties are fit
for purpose. Vacation rentals requirements are different from that of landlord and tenant rentals. Tailored
responsiveness and demanding attention is required as Consumer Affairs officers handle vacation rental
complaints by visitors to Bermuda; a niche market
area in need of due care and protection to preserve Bermuda’s hospitality brand.
Mr. Chairman, on June 17, 2022 the Cost of
Living Commission Act 1974 was amended to replace
the Minister of Finance with the M inister of Legal A ffairs and Constitutional Reform as the Minister r esponsible for Consumer Affairs. There are legal adv isory services within Legal Affairs and Constitutional
Reform that are directly suited to the task of providing
guidance regarding compl ex transactional issues often encountered by Consumer Affairs. The Cost of
Living Regulations 2022 establish a list of Essential
Commodities for which a zero rate of Customs Duty
was imposed on the listed items. The objective is that
grocers and wholesaler s would pass on the savings to
the general public as consumers. The Consumer A ffairs section has diligently worked with the Cost of
Living Commissioner to bring effect to the zero- based
duty on these commodities.

Plans for the Upcoming Year

Hon. Kathy Ly nn Simmons: Over the next fiscal year
a number of policy priorities and reforms are ear-marked for Consumer Affairs, included in these are
[the following]:
• Updating and consolidation of the Landlord and Tenant Act 1974, the Rent Increases
516 27 February 2023 Official Hansard Report

Bermuda House of Assembly (Domestic Premises ) Control Act 1978 and
the Rent Increases (Domestic Premises)
Rules Act 1972 into one piece of legislation.
This will bring landlord/tenant law up to date
with jurisdictional and market trends and fur-ther reduce landlord/tenant disputes.
• Developing a regulated environment and effective oversight for boarding houses and pr ivate home room rentals (we call them lodgers).
• Amendments to the Consumer Protection Act
1999 to broaden its protection scope and to
create new civil penalties for breaches.
• Establishing greater collaboration with the
Bermuda Monetary Authority (BMA) to
strengthen pathways for investigation and
resolution of consumer complaints about f inancial institutions.
• Exploring policy options in collaboration with the Department of Tourism on options for
guest housing operations to move from the
tourism market to the local rental market.
• The BMA and Consumer Affairs are having
discussions on how we can as a team address consumer concerns in respect of mor tgage reform.
• To assist Environmental Health in their quests
to provide safe and licensed environments for
consumers who use non- traditional premises
for cosmetic procedures.
• To explore staffing levels to meet the pr oposed and additional legislation that may come into effect.
• To further advance the implementation for a
fully operational and fit for purpose case management system.
Mr. Chairman, t he Consumer Affairs Annual
Report provides an accurate account and information
about its overall operations, roles, mandates and r esponsibilities. I released thi s report in April 2022, and
encourage the members of the public to peruse that
report. I highlight an excerpt from that report . Consumer Affairs ensures (and I quote) that commercial
entities providing consumer goods and services do
not subject their prospective consumers to “unfair
business practices”, “unconscionable acts” or products unsafe for consumer consumption or use.
Considering this one area within their remit
alone, this is by no means a minor feat. The Consum-er Affairs section provides a wide r ange of services to
the general public and their roles cannot be underes-timated. Given the raft of initiatives planned, and as
the areas of responsible regulation evolve under Consumer Affairs’ mandate, Ministry Headquarters is
committed to exercise all best efforts over the upcoming fiscal year to ensure appropriate resourcing for all
aspects of consumer affairs.
Mr. Chairman, I recogni se the hard work delivered by the Consumer Affairs section, and we ex-tend personal thanks to the Executive Officer , Karen
Marshall, and all personnel of this section for their dil igence and commitment, even in facing adversity in the volume and complexities of the consumer co mplaints that they handle. We also acknowledge the
hard work of the Consumer Affairs Board and the Cos t
of Living Commission, chaired by none other than MP
Derrick Burgess. Thank you for your service.

Legal Aid Office— Programme 97030

Hon. Kathy Lynn Simmons: Mr. Chairman, the Legal
Aid Office's purpose is: To ensure that legal advice
and representation is readily available to those who
need it most, and who, because of limited financial
means, would otherwise be unable to secure access
to justice.
Furthermore, the Office’s Mission Statement
is: To provide high quality legal representation to
those who qu alify for assistance under the Legal Aid
Act 1980.
The Office fulfils this role by providing clients
who qualify for the scheme with quality professional
legal services in a timely and efficient manner.
Mr. Chairman, the Legal Aid Scheme is administered b y the Legal Aid Committee under the a uthority of the Legal Aid Act 1980. For 2023/24, its
budget allocation is $1,826,000, which is a $1,000, or nil increase from the 2022/23 original estimate alloc ation. Of the 2022/23 allocation, $989,000 or, 54 per
cent represents salaries for the administrative and
managerial staff. [Also], $ 600,000 or, 33 per cent , represents costs allocated for legal services. The remai ning $236,000 or, 13 per cent represents administrative
expenses, inclusive of committee fees and th e mandatory professional indemnity insurance and cost of
annual Bermuda Bar Association fees for the complement of in- house counsel.
Mr. Chairman, the Legal Aid Office has f ocused primarily on increased operational control over client litigation, recruitme nt and administrative eff iciency. The largest area of expenditure, with the exception of salaries, remains legal fees, which is in
keeping with historic trends.
For the current fiscal year -to-date expenses
incurred (excluding salaries) are, as follows: legal fees (for external counsel) of $402,191; telephone expenses of $4,545; [and] $151,587 was spent on two consultants to act as Legal Counsel and Junior Legal
Counsel until all of the Legal Aid Counsel posts are
filled.
[Additionally] $8,350 was spent on board and
committee fees; $87,568 was apportioned for electric ity and rent; $9,870 for cleaning; $22,671 was spent for office supplies, printing, books and professional
law periodicals.

Legal Services



Bermuda House of Assembly Hon. Kathy Lynn Simmons: Between the period of
the 1st of April, 2022 and 31st of January 2023, the
Legal Aid Office managed a total of 176 new matters:
• 99 criminal matters;
• 57 civil matters; and
• 20 matrimonial matters.
Out of the total 176 new matters:
• 40 were declined (and these are applications);
• In-hous e counsel dealt with 47 matters; and
• 89 matters were assigned to external counsel.
It is important to note that among the matters
handled by in- house counsel for serious crimes or
offences, such as murder and firearms at the level of
the Supreme Court, Court of Appeal and Privy Council. Some of these matters involve multiple defendants requiring representation by both in- house counsel and
external counsel.
Generally, Supreme Court matters in the civil
jurisdiction related to medical negligence, property
disputes and estate matters, while matrimony and
domestic matters in the Supreme Court included d ivorces, custody and maintenance.
The Legal Aid Office continues to maintain
rosters of both in- house and external counsel who are
Duty Counsel in respect of P lea Court, Juvenile Plea
Court , drug and DUI and Mental Health Treatment
Courts. Mr. Chairman, the Legal Aid Office has mai ntained the capacity to process applications for Legal
Aid Certificates within 10 working days. However,
achieving this 10- day target is dependent on appl icants having submitted all the required information
and supporting documents in a timely manner.
The Legal Aid Office also continues to pr ocess applications for Temporary Certificates, commonly known as Emergency Certificates, within three
working days. These applications are actionable once
all relevant financial information is submitted at the
time of application. Applications for Temporary Certif icates can be approved by the Senior Legal Aid Counsel, provided they are capped below a fixed monetary
value and are ratified by the Legal Aid Committee within 28 days. The Office has introduced a new measure aimed at reflecting the number of cases handled by in- house counsel over the fiscal period.
This will reflect the savings arising in the budget as a
result of the work done by in- house counsel which
would otherwise be done by external counsel who are
listed on the rosters maintained by the Legal Aid O ffice.
With regard to staff, Mr. Chairman, at present
the Legal Aid Office is comprised of three administr ative posts and five legal posts. The three administr ative posts are that of the office manager, accounts
officer, and one administrative assistant. The five legal
posts are as follows: senior legal aid counsel, who is Susan Moore- Williams; two legal aid counsel, one
junior legal aid counsel, and one paralegal. Recruiting
in respect of the vacant posts of one legal aid counsel
and paralegal were successfully completed enhancing the office’s capabilities. Recruitment for the remaining
post of junior legal aid counsel is well underway and it
is anticipated that it should be completed by April
2023.
With regard to training and development, the
diversity of legal work in the Legal Aid Office conti nues to make it an attractive option for pupil s, law st udents and summer students. It is integral to facilitating
the Ministry's thrust to train and retain competent and
qualified Bermudians for the legal profession, especially for the criminal Bar. Two pupils each did a three-month rotation during the period April to December
2022. We look forward to providing the same opport unities for the new pupils when we commence the Mi nistry’s Pupillage Programme in the coming fiscal per iod, with one pupil having commenced a rotation with
this office on 1 February 2023.
I will now move to the Justice Protection Pr ogramme, which is business unit [97070].

Justice Protection— Programme 97070

Hon. Kathy Lynn Simmons: The Justice Protection
Programme has been allocated a budget disburs ement of $300,000 for fiscal year 2023/24 which repr esents a $25,000 or 8 per cent decrease from the prior
year. The Justice Protection Programme, Mr. Chai rman, is operated pursuant to the Justice Protection
Act 2010. The programme provides protection and
relocation services for critical prosecution witnesses
who meet the legislative requirements for entry into
the programme. Specific details about the programme are absolutely protected from public disclosure by the
operation of provisions from the Justice Protection Act
2010 and as cont ained in the Public Access to Information Act 2010. Thus, Mr. Chairman, we proceed
with great caution in representing figures and data
which would be mosaicked together with other information to unwittingly reveal the identity of participants
in the Justic e Protection Programme which ultimately
prejudices the effectiveness and security of the pr ogramme.
There were five participants at the start of the
2022/23 fiscal year. Over that same period there were
no new participants added to the programme. Pr ogramm e participants are afforded protection whilst
they provide evidence in high profile or high- risk cases
before the courts. During the last year the programme also assisted another jurisdiction with providing pr otection to one of those witnesses. In the 12 y ears
since the programme has been in existence, there have been 39 participants which represented 57 pe ople who were protected in total. We note that on one
occasion, the participant’s spouse, children or partner were also assisted to promote family unific ation, this
contributed to the total number of 57.
The average duration of enrolment in the pr ogramme for protection or assistance is three years.
Over the 12 years of the programme’s existence, a
518 27 February 2023 Official Hansard Report

Bermuda House of Assembly total of nine additional applications were considered
but w ere denied entry to the programme, as assessed
risks were sufficiently addressed by assistance that
was already provided or available to those individuals.
Mr. Chairman, by way of example, payments
made under the programme are vetted and structured to meet a participant’s reasonable living expenses
including, where appropriate, living expenses of
his/her accompanying family members. Payments are
also made for other reasonable financial assistance,
as well as for the purpose of meeting costs associated with relocation and settlement. This can often include
providing assistance to the participant as they seek
and secure employment or as they access education
and health care. Other assistance can be provided with a view to ensuring that the participant becomes
more self -sufficient to sustain their needs.
Mr. Chairman, the success and value for
money of the Justice Protection Programme is supported by the fact that over the 12 years there have
been 27 trials where the participants have testified, and convictions were obtained in all but four of these
cases. This amounts to an 85 per cent conviction rate
for cases where a witness in the Justice Protection
Programme gave evidence. The indispensability of
this programme to the administration of justice, rule of
law and wider public safety is justified from the clear
increase in successful prosecutions, particularly in
those cases that are gang related and involve violent
offenders. The success of the Justice Protection Pr ogramme stands markedly better than established in
programmes in other comparable jurisdictions.
Mr. Chairman, looking ahead to fiscal 2023/24
the work of this programme will continue within its budgetary allocation to protect the privacy and loc ations of the participant witnesses in the programme
towards a successful prosecution of some of the most
heinous crimes in our jurisdiction.
I will now turn to the Financial Sanctions I mplementation Unit, which is business unit 97080.

Financial Sanctions Implementation
Programme 97080

Hon. Kathy Lynn Simmon s: Mr. Chairman, the F inancial Sanctions Implementation Unit (or FSIU as it
is referred to) is vital to ensuring that Bermuda mai ntains its reputation as a cooperative jurisdiction in the
robust sanctions framework to ensure the effective
implementation of targeted international financial
sanctions. Implementing and monitoring compliance with financial sanctions is a key component in protec ting our financial institutions and national economic
interests as a leading global financial centre. Additionally, the FSIU advises the Minister of Legal Affairs
and Constitutional Reform on wider matters relating to
anti-money laundering, and countering the financing
of terrorism and proliferation. For fiscal year 2023/24, the FSIU’s budget a llocation is $338,000. This i s the same amount as the
original estimate allocation for 2022/23. Ninety -eight
per cent of the FSIU’s budget is earmarked to sal aries, with the remaining 2 per cent allocated for office
supplies, telephone expenses and membership fees
for the two counsel s. There has been no change in
the expenses incurred to date.
Mr. Chairman, the FSIU is comprised of two
posts, the Head of the FSIU, and one legal counsel.
The FSIU team is responsible for
• implementing targeted financial sanctions, i ncluding bringing rele vant Overseas Territories
Orders in Council into force in Bermuda;
• public outreach to industry, supervisors and
government agencies for sanction compliance
purposes, including maintenance of a web-based depository of sanction notices in effect
in Bermuda;
• providing legal advice and technical support to
the Minister of Legal Affairs and Constitutional
Reform in carrying out her delegated func-tions;
• reviewing licence applications in respect of the various sanctions regimes;
• liaising with Government House and UK a uthorities on sanctions matters; and
• assisting the Ministry of Legal Affairs and
Constitutional Reform Headquarters with Bermuda’s AML/ATF global obligations.
Under the international framework, Mr.
Chairman, as implemented into Bermuda law, Her Excell ency the Governor is the competent authority in
Bermuda, making her ultimately responsible for the
implementation of targeted financial sanctions. Her
Excellency’s powers are set out in the various Overseas Territories Orders that are in force in Bermuda pursuant to the International Sanctions Act 2003 and
International Sanctions Regulations 2013.
Since September 2018, the Minister of Legal
Affairs and Constitutional Reform has had delegated responsibility to perform certain functions related to implementat ion of financial sanctions pursuant to the
International Sanctions (Delegation of Governor’s Powers) Notice 2018.
Mr. Chairman, Bermuda’s sanctions regime
must be up to date, fully implemented and effective for the specific purposes of each financial sanct ion. As an
overseas territory Bermuda’s sanctions regime mirrors
those sanctions which are implemented in the United
Kingdom. To meet international obligations the FSIU
ensures that all applicable overseas territories orders
that detail new sanctions or am endments to existing
sanction regimes are expeditiously brought into force
in Bermuda. All updates to Bermuda’s sanctions r egime are listed in Schedule 1 of the International Sanctions Regulations 2013.
Mr. Chairman, the FSIU’s role includes provi ding lega l advice and technical support to the Minister


Bermuda House of Assembly of Legal Affairs and Constitutional Reform in carrying
out her delegated functions. For instance, under the
Bermuda sanctions framework, the Minister of Legal
Affairs and Constitutional Reform has the power to
• obtain evidence and information by taking
such steps as considered appropriate to c ooperate with any international investigation r elating to the funds, economic resources or f inancial transactions of a designated person;
• issue and revoke licences, with the consent of the Secretary of State, and may grant a l icence authorising an activity that would ot herwise be prohibited under the said Orders.
Such licence can be varied or revoked by the
Minister at any time with the consent of the
Secretary of State;
• serve as a reporting depository to whom a
relevant institution reports or informs if it credits a frozen account pursuant to an Order;
• authorise persons with power to search and
investigate suspected ships, aircrafts, veh icles; and
• specify by regulations in t he currency of the
territory, the amount which is to be taken as
equivalent to sums expressed in sterling in the
relevant Order.
With regard to output measures, Mr. Chai rman, this has been important during the past 10
months, as there has been an increase in licence applications under the Russia (Sanctions) [Overseas
Territories) (Amendment) (No. 4) Order 2022] regime.
The FSIU continues to process these applications and
provide support to the Minister. Since the Russian invasion of Ukraine in February 2022, the FSIU has
processed 13 licence applications under the Russian
sanctions regime. In addition, two general licences
have been issued and three individual licences. This
is the first time Bermuda has issued general licences.
Moreover, the unit has proces sed 139 compliance
reporting forms with over $219.5 million in frozen assets reported and logged with the FSIU.
With regard to outreach, Mr. Chairman, in a ddition, the FSIU ensures that the sanctions webpage
of the government portal is updated within 24- hours of
receiving updated notifications from the UK Treasury. These updates are required in order to notify the pu blic of additions or de- listings to the various sanction
regimes in force in Bermuda. Thus, upon notification
from the HM Treasury’s Office of Financial Sanctions
Implementation, the FSIU updates the webpage and
notifies supervisors to immediately advise their supervised entities of the changes. Moreover, the FSIU will continue its outreach initiative to relevant government
ministries and departm ents, as well as to industry to
ensure that persons know and understand their sanctions obligations in addition to the role of the FSIU in the implementation of targeted financial sanctions.
The FSIU also continues to work closely with
UK counterpart authorities, overseas territories’ coun-terparts, and domestic operational partners to ensure
effective implementation of targeted financial sanctions in Bermuda.
I would like to thank the head of the FSIU,
Counsel Ms. Ren ée Foggo and her junior counsel ( not
her junior counsel), her senior counsel in Council Ms.
Jaleesa Simons. Well done.
Mr. Chairman, I will turn now to the Law R eform Commission, which is business unit 97100.

Law Reform Commission—Programme 97100

Hon. Kathy Lynn Simmons: Mr. Chairman, the Law
Reform Commission is a new business unit. It has
been allocated a budget disbursement of $167,000 for
fiscal year 2023/24. The Law Reform Commission is
an independent public body established by statute, namely the Law Reform Commissioners Act 2009.
The functions of the Commission are to study and
keep under review the laws of Bermuda with a view to
their systemic development and reform.
Bermuda’s first Law Reform Commissioners
were appointed in July 2019. The membership of the Commission comprises a chair man and between four
and seven commissioners who, in the opinion of the
Governor are suitable for appointment by reason of
their qualifications, training and experience. Commi ssioners are appointed by Her Excellency the Governor on the nomination of two of either the Attorney General, the Chief Justice, or the President of the Bar
Council. The current chairman is the Honourable M ichael J. Scott, former Attorney General. Serving
commissioners are Philip Perinchief, former Attorney
General ; Mark Pettingill, f ormer Attorney General ; and
esteemed lawyers Kim Wilkerson and Rod Attride-Stirling
Mr. Chairman, the Commission meets regularly at least once every three months. The chairman
and commissioners are nominally compensated r espectively per the Government Aut horities (Fees) Act
1971. The allocation for member’s fees for the
2023/ 24 fiscal year is $10,050. Mr. Chairman, the Mi nistry of Legal Affairs and Constitutional Reform Headquarters is the sponsoring Ministry for the Law Reform
Commission and has previousl y subsumed all of the
Commission’s costs from within its headquarters annual budget allocation.
Mr. Chairman, the fiscal year 2023/24 budget
disbursement for the Law Reform Commission estab-lishing it as a new business unit represents important
first steps towards building the institutional indepen dence of the Commission. However, as we continue to
devise operational savings within the overall budgetary restraints, the Ministry Headquarters continues its
financial stewardship of the Commission by identifying
symmetries and resource sharing which will continue
into the next year. As such, the statutory role of the Director of the Law Reform Commission per section 9
of the law Reform Commission Act 2009 was esta b520 27 February 2023 Official Hansard Report

Bermuda House of Assembly lished and approved by the Public Service Commi ssion to be a shared role with the Ministry Headquarters via the post of Law Reform Policy and Strategy
Council, and $167,000 is allocated in fiscal year
2023/24 for that post salary.
Mr. Chairman, we welcomed the Law Reform
Policy and Strategy counsel, Mr. Jason Outerbridge,
in May 2022. Mr. Outerbridge continues a vibrant f ocused and reformist approach to the invaluable policy,
legal and strategy contributions he has made within
and across the Ministry over the past five years. His new shared role with the Law Reform Commission
which is in addition to his work in the Ministry Headquarters will ensure that as a jurisdiction we keep
pace with targeted modernisations and reforms to our laws and public institutions.
Also, as we enter into the 2023/24 fiscal year,
the administration costs of the Law Reform Commi ssion and its general operational costs will continue to
be met by the shared assistance of an administrator
from the Ministry Headquarters and the prudent de-ployment of Ministry Headquarters’ budget alloc ations
as the need arises. The interrelatedness of the Mini stry’s mandates and the Law Reform Commission’s
functions allow for the value of his distinct range (and
we are speaking about Mr. Outerbridge) of contributions to continue to enhance the key outputs from both entities. This work is never ending, and allows us to
keep pace with modernising reforms across the
Commonwealth so that Bermuda retains its superb
jurisdictional reputation and that the laws which govern us remain relevant.
Mr. Chairman, the budget of the Ministry of
Legal Affairs and Constitutional Reform is not simply an exercise in arithmetic. The disbursement of these
appropriations in 2023/24 will be a testament of our
collective fiscal responsibility and guided stewardship
of resources. Our team of public officers will ensure
that we continue to facilitate fair and equitable admi nistration and access to justice through legal services,
policies and legislation that preserve the rule of law
and affirm social justice progress and constitutional
reform for the people of Bermuda.
I am confidently assured that the delivery of
high-quality public services by the Ministry will conti nue into 2023/24 with sustainable programme delivery improvements and priorities which uphold and a dvance Bermuda’s r eputation as a beacon of internal
self-governance and sound rule of law.

[Ms. Lovitta F. Foggo, Chairman]

Grants

Hon. Kathy Lynn Simmons: Madam Chairman, I will
now move on to Grants. The budget allocation for
Grants for fiscal year 2023/24 is found at page C -17 of
the Approved Estimates of Revenue and Expenditure for 2023/24. We highlight, $1,625,000 has been all o-cated, which is the same allocation as the 2022/23
fiscal year.
Madam Chairman, I will now move on to the
Financial Intelligence Agency. In continuation of the
Government's efforts to combat money laundering and terrorist financing, the Financial Intelligence Agency
was established under the Financial Intelligence
Agency Act 2007. (I will call it the FIA to be short.)
The FIA is the independent agency authorised
to receive, gather, store, analyse and disseminate
information relating to suspected money laundering and financing of terrorism, which is received in the
form of a suspicious activity report or suspicious
transaction report. The FIA is empowered to dissem inate such information to the Bermuda Police Service
and Foreign Intelligence Authorities , and other rel evant local authorities
Madam Chairman, $1,625,000 was allocated
as an operational grant for fiscal year 2023/24, which
is the same amount as the 2022/23 grant allocation
for FIA. A statutory obligation of the FIA dictates that
the agency must report its quarterly expenditure and provide an [ annual ] audited report to the Minister of
Legal Affairs and Constitutional Reform. This mandatory reporting demonstrates effective value for money
for the expenditure of grant funding appropriated to
the FIA. All of these financial obligations have been
adhered to.
It is anticipated, Madam Chairman, that this
agency will continue its plight to counter terrorist f inancing, money laundering, and proliferation financing to provide outcomes that guard the public interests.
Madam Chairman, as COVID -19 continues to
impact Bermuda to some extent, the FIA has been able to adapt and pivot its operations accordingly.
Since May 2022, the FIA staff had returned to work
full time. They continued to follow the Government’s
health regulations and internal policies and proc edures.
With regard to training, Madam Chairman, the
FIA continues to participate in various vi rtual training
webinars relative to sanctions, cryptocurrency, corruption, proliferation financing, money laundering, terrorist financing, which has been delivered by specific
organisations that specialise in Anti -Money Launde ring/Counter -Terrorist Financi ng/Proliferation Financing
matters.
The FIA also received virtual training/webinars
delivered by entities or organisations dealing with digital assets and cryptocurrencies, including those hos ted by the Egmont Group of Financial Intelligence
Units, the Car ibbean Financial Action Task Force, and
the Financial Action Task Force. Inclusive of the n umerous virtual training webinars, the FIA also partic ipated in a few in- person training sessions and meetings inclusive of a two- day sanctions workshop and a
two-day digital assets workshop alongside other local
authorities.


Bermuda House of Assembly The FIA also participated in two separate
training courses hosted by our partners from the Bermuda Police Service and Bermuda Gaming Commi ssion. The FIA also provided training outreach to specific government agencies and reporting entities as it
relates to money laundering, terrorist financing and
proliferation financing.
With regard to highlights, Madam Chairman,
in the 2022/23 year, the FIA has had some acco mplishments as they continue to be inv olved and offer
support as it pertains to the numerous operational r esponsibilities and projects identified both locally and foreign. The priority matters that affect Bermuda have
been noted by the FIA and continue to be addressed,
i.e., the National Action Plan and the Mutual Evalu ation Follow up report.
The Financial Intelligence Agency chaired two
Caribbean Financial Action Task Force (CFATF)
Heads of Financial Intelligence Unit Forums, one vi rtual session in May 2022 and the second was inperson at a Pl enary in November 2022. The agenda
proposed after becoming Chair was delivered as it
addressed the role and importance of Financial Intell igence Units, contributions to countries’ risk asses sments and ensuring that virtual assets and virtual as-set provider s are not misused to the detriment of the
established safeguards to terrorist financing, money
laundering, and proliferation financing.
The FIA has published guidance notes on
their website which assists reporting entities with the
identification and filin g of suspicious activity reports
and suspicious transaction reports.
The FIA has published two typologies on their
website related to suspected market abuse and elder
financial abuse fraud.
The FIA participated with other British Overseas Territories in a meeting to discuss Russian sanctions with the UK FIU. Follow -up meetings are to be
scheduled.
The FIA participated in a virtual forum hosted
by the UK HM Treasury to discuss counter financing
of terrorism. This forum was held for the overseas territories a nd the next meeting is scheduled for May
2023 in person.
They also met with another overseas FIU in
early July to discuss relevant matters pertaining to Russian sanctions, cryptocurrency and ransomware
matters. Efforts to work more closely were discussed
in order to share specific information with each other.
Further meetings are to be held.
They also have purchased a blockchain ana lysis tool to assist in their analysis and preparation of
strategic reports related to risks and criminal activity
when working with virtual asset service providers
(VASP) and digital assets.
The Financial Intelligence Agency Legal
Counsel completed her assessor training and is currently a legal assessor for a Caribbean Financial A ction Task Force (CFAFT) Member’s Mutual Evaluatio n Report. This report is near completion and should be
finalised for November 2023.
The Legal Counsel also participated in a r eview of a Caribbean Financial Action Task Force
Member’s follow -up report.
The agency also participated in a virtual pl enary for Egmont in February 2022, and continues to
attend national anti -money laundering committee
working groups and actively participate in national
initiatives to combat money laundering, terrorist f inancing, and the proliferation of financing.
In terms of futur e spending priorities for the
2023/24 fiscal year, the Financial Intelligence Agency
will continue to focus on training for staff, increasing
the number of staff for the office and updating aspects
and features of its IT infrastructure including GoAML,
which is the Financial Intelligence Agency’s operating
platform.
With regard to statistics, Madam Chairman, in
2022 the reporting entities continued to file suspicious
activity reports/suspicious transaction reports to the
Financial Intelligence Agency. This year the Financial
Intelligence Agency received a total of 927 reports.
Throughout 2022 the Financial Intelligence
Agency conducted analysis and completed discl osures for the attention of local law enforcement, local
competent authorities, and overseas fi nancial intell igence units. To assist in their analysis the Financial Intelligence Agency had sent out 41 outgoing requests
for information to 20 overseas financial intelligence
units and 5 outgoing requests to their local counterparts. The Financial Intel ligence Agency also utilised
its power to gather information using section 16 of the
Financial Intelligence Agency Act which allowed them
to send out 155 requests to 9 different reporting ent ities.
Resulting from these inquiries the Financial
Intelligence Agency has disclosed 245 reports to local
law enforcement, local competent authorities, and overseas financial intelligence units utilising 721 suspicious activity reports/suspicious transaction reports
[SARs/STRs]. Of note, the SARs/STRs used in each
disclosure are not solely from the year 2022, as prev ious years filings have been relevant and add value.
In summary, 225 disclosures were dissem inated locally and 20 disclosures sent to overseas f inancial intelligence units.
Also in 2022, the Financial Intel ligence Age ncy received a total of 46 requests for information with
34 being received from their local counterparts and 12
from overseas financial intelligence units.
In conclusion, the FIA remains steadfast in
delivering its mandate. The role that they play is inva luable as they continue to combat financial crimes and protect our community. I extend gratitude to the Board
and staff at the FIA for their tireless efforts.
With regard to Capital Expenditure Estimates,
Madam Chairman, the budget allocation for Capital Expenditures is found at page C -10 of the Estimates
522 27 February 2023 Official Hansard Report

Bermuda House of Assembly of Revenue book. The Ministry has been allocated a
total of $257,000 for fiscal 2023/24. Madam Chairman
$249,000 has been allocated for video conferencing
equipment and infrastructure for the Judicial Depar tment. The remaining $8,000 will be used to purchase
computer equipment that have been fully depreciated
with no residual value.
Finally, Madam Chairman, we note the overall
decrease in our fiscal allocation, in compliance with government wide directives, and highlight that careful
consideration will be given to prioritise service delivery
and programming. It is anticipated that the budget a llocations of the Ministry of Legal Affairs and Constit utional Reform Headquarters for 2023/24 as detailed and presented today, will enable the Ministry to suc-cessfully fulfil its mandates with careful monitoring and
the continuing exercise of financial prudence.
Madam Chairman, in concluding this repr esentation of the fiscal activity and plans for the Mini stry of Legal Affairs and Constitutional Reform Headquarters, I humbly thank all personnel for their firm
support and dedication to the work of the Ministry.
That completes Head 87. I will now move on
to Head 3.

HEAD 3 —JUDICIAL DEPARTMENT

Hon. Kathy Lynn Si mmons: The current account
estimates for Head 3, the Judicial Department, begin
on page B -79 of the Estimates of Revenue and E xpenditure book. A total of $9,392,000 has been all ocated to Head 3 within the Ministry of Legal Affairs and Constitutional Reform . This amount represents a
$473,000, or 5 per cent increase from the 2022/23
fiscal year. Additional funding has been allocated to
the department as summarised below:
• To cover costs associated with engaging
overseas Assistant Justices, who are required
to have conduct of matters in the Supreme
Court due to conflicts and/or where the matter is of such importance that a Justice from
overseas has been appointed by Her Excellency, the Governor. This has not been r equired previously and as such there was no
previous budget to cover these unexpected
expenses .
• To cover mould remediation services so that
the remainder of court case files that were contaminated from being housed at 113 Front
Street can be treated. The funding allocated
to the department for this ser vice is a one- off
cost; however, it is an absolute necessity that
these files are cleaned as these are the only
records of these cases before the Supreme
Court.
• To cover increased costs associated with the
Court of Appeal. Due to an increase in case
comple xity, and the number of cases being
heard, sitting and retainer fees due to the Court of Appeal Justices have also increased.
Additionally, there has been an increase in
travel and accommodation costs.
• To cover payments to Acting Magistrates for their leg al services.
Revenues are projected at $5,527,000.
With regard to current account expenditure,
Madam Chairman, the original estimates for 2022/23
are $8,919,000. The estimate for 2023/23 is
$9,392,000, which is an increase of $473,000 or 5 per
cent.
Madam Chairman, the Judiciary is established
by the Constitution as a separate and independent branch of government. Its task is to adjudicate char ges of criminal conduct, resolve disputes, uphold the rights and freedoms of the individual and preserve the
rule of law. The mission statement of the Judiciary as
per the Budget Book is To administer justice through
the effective management of the courts of Bermuda.
The mission statement of the A dministrative
section is To provide the services and support necessary to enable the Judiciary to achieve its mission.
The judicial system of Bermuda consists of
the Court of Appeal, the Supreme Court (Criminal,
Civil, Commercial, Appellate, Family and Matrimonial Courts, and Probate Registry) and Magistrates’ Court
(Criminal, Civil and Family Courts). Ancillary activities
include Bailiff services.
The Honourable Chief Justice is the head of
the Judiciary. The Registrar is the head of the Judicial
Department with a staffing complement of 70 officers,
none of whom require a wor k permit. There are currently 57 substantive posts filled; three posts filled by
temporary relief employees and nine vacant posts.
With regard to highlights , Madam Chairman,
for 2023/23 the Judicial Department gives thanks to
Mrs. Gina Hurst -Maybury, who s erved as Acting Permanent Secretary, now our Permanent Secretary
proper. The department extends its gratitude to Mrs.
Hurst -Maybury for her assistance and support.
The department is also grateful to the Government of Bermuda for its continued commitment to
providing suitable accommodation for the court’s services, and to the Ministry of Public Works for their assistance in this regard.
The department has been working steadily
with the Ministry of Public Works on the department’s plan to expand the Court’s facilities within the Dame Lois Browne- Evans Building, with the project nearing
the end of the design phase. Collaboration between the courts and the Ministry of Public Works will continue during the upcoming fiscal year. Completion of
these renovations wi ll see the Court of Appeal, all S upreme Courts (except for the Civil and Commercial
Courts which will remain in the Government Admi nistration Building) and the Magistrates’ Courts court
rooms and services all in one location. With these
renovations the dep artment will have a dedicated
Court of Appeal which will be used for other Supreme


Bermuda House of Assembly Court and Magistrates’ Court matters during the per iods that the Court of Appeal is not sitting. The expanded facilities will include suitable space for admi nistrative staff , Judge’s Chambers and courtroom facil ities, as well as suitable, secure and separate jury space.
Lastly, the department extends its gratitude to
the department’s staff. The staff have always played a vital role in ensuring the people of Bermuda obtain
their constitutional right of access to justice. Staff have
continued to demonstrate resilience and a team mentality to ensure our services are provided at a high
standard.
With regard to technology, Madam Chairman,
I focus on video conferencing. The Evidenc e (Audio
Visual Link) Act 2018 was passed, and capital funding allocated for the implementation and installation of the
required technology in 2019. Following delays brought
on by the onset of the COVID -19 pandemic, the completion of hardwired audio/visual links in four of the
department’s courtrooms was successfully completed
in November 2022. The next step is to have the d epartment’s remaining courtrooms hardwired. This will be done in various stages, as the only courtrooms that
will remain unaffected by the renovations of the Dame
Lois Browne- Evans building are able to be tackled at
this time. The implementation of this technology will
greatly increase the court’s efficiencies.
Madam Chairman, with regard to premises,
the Commercial Court has now complet ed its twelfth
year of operation and continues to be well received by
practitioners both here and overseas , and is situated
in the Government Administration Building.
The Magistrates’ Courts in the Dame Lois
Browne -Evans Building (DLBEB) on Court Street
opened for business in April 2011. The courts and
administrative offices are spread across the northern
section of the second, third and fourth floors. The
premises also now house the Supreme Court Fam ily/Matrimonial Division, Probate Division, Criminal D ivision, and IT section of the c ourts.
Madam Chairman, I am pleased to provide an
analysis by business unit of the budget estimates for
the Judicial Department for the fiscal year 2023/24
compared to 2022/23.
I note that the statistics reflect the actual outcome for the period 1 January to 31 December 2022,
unless otherwise stated. Under [cost centre] 13000 Criminal Injuries Compensation, the original estimate
for 2022/23 was $378,000. The estimate for 2023/24
is $325,000, which is a decrease of $53,000 or 14 per
cent. This cost centre provides for payments to victims of criminal acts as decided by the Board. While administrative responsibilities of the Criminal Injuries
Compensation Board has been transferred to the Mi nistry of Legal Affairs and Constitutiona l Reform Headquarters, the expense remains in the Judicial Depar tment’s cost centres. The decrease in funding comes
as a result of the only funded post in this cost centre being placed under another cost centre within the
Magistrates’ Court. It is anticipated that this post will
be used in the department’s upcoming reorganisation.
Cost centre 13010 Supreme Court, the orig inal for 2022/23 was $998,000. The estimate for
2023/24 is $984,000, which is a decrease of $14,000.
This cost centre provides for the sa laries and oper ational expenses for the administration of the Supreme
Court Registry for which there are 10 posts, including
the Assistant Registrar, Manager, Accounts and A dministrative Officers. The decrease in funding comes
as a result of the salary all otted to one of the admini strative officers reverting to the lowest pay scale for
new recruitment. There has also been a decrease to
the funding allotted to overtime, and a decrease in the
department’s hospitality budget. In 2022, there were
414 new civil matters filed and 124 divorce petitions filed.
With regard to cost centre 13015, Courtrooms
and Chambers, the original estimate for 2022/23 was
$2,405,000. The estimate for 2023/24 is $2,627,000,
which represents an increase of $222,000 or 9 per
cent. Thi s cost centre provides for the salaries and
operational expenses for the Courtrooms and Chambers of the Supreme Court (criminal, civil and commercial and family/matrimonial). There are 20 posts
including the Chief Justice, Puisne Judges and the Registrar’s post. There were 35 new Indictments filed
and 35 civil and criminal appeals filed.
There is a bit of repetition here. I will mention
a bit more detail about the mould remediation.
Funding has also been allotted for mould r emediation services for the court case files that were
contaminated as previously mentioned. An RFQ [R equest for Quotes] was completed to obtain quotes for the remediation, which subsequently had to be cancelled as the procurement value exceeded the antic ipated threshold of $100,000. This RFQ was done
jointly with the Department of Parks, who also r equires items to be remediated; however, both depar tments did not have adequate funding for the project to
be completed given the initial estimation being far below the proposals which were received. This is a one -
off cost; however, it is absolutely necessary.
Cost centre 13020, Court of Appeal. The ori ginal estimate for 2022/23 was $692,000. The est imate
for 2023/24 is $995,000, which represents an increase
of $303,000 or 44 per cent. I menti oned ear lier that
this cost centre provides the sitting and r etainer fees
of the President . . . I didn’t mention that part earlier,
sorry. This cost centre provides the sitting and retainer
fees of the President of the Court of A ppeal, four Justices of Appeal, and the salaries of two posts, an administrative officer and an administrative assistant.
The Court of Appeal meets three times a year;
sessions are three weeks long. There were 29 appeal
cases filed in 2022. Seven of the appeal cases were criminal appeals, and 22 were civil appeals.
524 27 February 2023 Official Hansard Report

Bermuda House of Assembly An increase to this cost centre has not been
sought since 2016. The increase in funding that has
been allocated is as a result of additional funding b eing required for payments due to the Court of Appeal Justices for tra vel and accommodation costs as prev iously stated.
Payments to the Justices of the Court of A ppeal encompass sitting fees, judgment writing fees, case preparation fees and retainer fees. Due to an
increase in cases being heard by the Court of Appeal
compar ed to previous years, as well as there being
more complex cases being determined, the Court of
Appeal Justices have had to spend significantly more
time outside of Court of Appeal Sessions (scheduled
in March, June and November each year) preparing and jud gment writing. There was not adequate funding during the 2022/23 budget to cover these expens-es and additional funding had to be obtained.
Additional funding also had to be obtained to
cover costs relating to travel and hotel accommoda-tions as previously m entioned. The cost of airfares
and hotels has increased greatly over the past several
years. With the onset of COVID -19 and the resulting
travel restrictions, the Court of Appeal was required to
conduct its hearings remotely. Now that the Court of
Appeal s essions are no longer proceeding remotely,
the Court of Appeal Justices are required to travel to
the Island. Given the higher costs for travel -related
expenses, the department did not have adequate funding during the this fiscal year to cover these expend itures.
I will now move on to cost centre 13025, the
Court Technology Office. The original estimate for
2022/23 was $522,000. The estimate for 2023/24 is
$459,000, which represents an increase of $63,000 or
12 per cent. This cost centre provides salaries for the
Information Technology Section, for which there are
three posts: the IT manager, IT a ssistant and a data
entry clerk. This funding also includes the costs for
transcription services and maintenance fees for the
Court’s reporting system (CourtSmart) , and the telephone system.
The Court’s IT equipment and software appl ications must be maintained, kept up to date and will ultimately have to be replaced when necessary. For
example, JEMS has now reached the end of its life span and became obsolete as of May 2022. In order
to maintain continuity and protect the Court’s records,
this system must be replaced. The Honourable Premier and Minister of Finance confirmed his general support in December 2022 to provide funding for this init iative both within the 2022/23 fiscal year and the upcoming 2023/24 fiscal year. This support is most welcome and the department is looking forward to this
coming to fruition.
Under the Magistrates ’ Court I move now to
cost centre 13040 which represents adjudication. The original estimate for 2022/23 was $965,000. The est i-mate for 2023/24 is $1,040,000, which represents an
increase of $75,000 or 8 per cent.
This cost centre provides funding for the Senior Magistrate, four Magistrates and acting appointments where necessary. The Magistrates’ Court is
now presided over by the newly appointed Worshipful
Senior Magistrate Maxanne J. Anderson, as a result
of the promotion of Senior Magistrate Juan Wolffe to
Puisne Judge; the Worshipful Tyrone Chin, the Worshipful Khamisi Tokunbo, the W orshipful C. Craig A ttridge and the newly appointed Worshipful Maria Sof ianos, all of whom bring a wealth of knowledge and experience to the Magistracy.
The Senior Magistrate has an Acting Magi strate roster so as to give opportunities to those in the legal profession to acquire judicial experience and
skills which would put them in a position to elevate to
the bench. Additional funding has been allocated in
this cost centre to cover payments due to Acting Ma gistrates for their legal services.
The Magistrat es’ Court is multi- jurisdictional
having conduct of civil, criminal, traffic and family matters. There are also the Treatment Courts, such as the
Mental Health Court, Drug Treatment Court and the
Driving Under the Influence (DUI) Court which conti nue to re duce recidivism by addressing the drug, alc ohol and mental health challenges of offenders . The
Senior Magistrate created the Case Management
Court, which is conducted once a week and is designed to resolve all disclosure, evidential and proc edural issues before a matter proceeds to trial. As a
result, instances where a trial would not have pr oceeded (because of such issues ) have been signif icantly reduced from previous years.
Cost centre 13050, Civil Records. The original
estimate for 2022/23 was $263,000. T he estimate for
2023/24 is $258,000, which represents a decrease of
$5,000 or 2 per cent. The administrative arm of the
Civil Section is overseen by the office manager who
has under their remit one senior court associate and
two court associates.
This sec tion provides case management and
court services for the resolution of civil claims up to $25,000, landlord and tenant matters under the Landlord and Tenant Act 1974 and the Rent Increases (Domestic Premises) Control Act 1978.
The Civil Court has returned to pre- COVID -19
pandemic operations and is accepting the filings of all proceedings including eviction proceedings and the
recovery of rent arrears, which were stayed in 2020.
Therefore, the number of new Court filings has i ncreased by 18 per cent.
Cost c entre 13060, Family and Child Support.
The original estimate for 2022/23 was $474,000, which has remained the same for 2023/24 with no
change. There are two Family Courts, each comprised
of a magistrate and two special panel members (male and female), purs uant to the Magistrates Act 1948.


Bermuda House of Assembly This Court continues to exercise its jurisdi ction in cases involving children who have not yet attained the age of 18 years and children who have continued in full -time education beyond 18 years.
The Family Court is a spec ial court which was
created to handle the specific needs of children whether born within or outside of marriage, and matters arising in respect of their custody, care, maint enance and violations against the law (such as juvenile
offenders). Of particular note is that the sensitivity and
complexity of Family Court matters has increased which requires the Family Court Panel to exercise the
utmost judicial care in resolving such matters.
The Family Support Office serves the public
and the Magistrates' Court by providing customer services, records management and financial control. This Office also provides services to other government
agencies such as the Department of Child and Family
Services and Court Services.
The number of new family cases filed saw a
monum ental increase of 25 per cent in 2022. A major
part of this increase is due to the number of juvenile and matrimonial cases filed in 2022. Notably there
was a 21 per cent reduction in the number of domestic
violence protection orders applications filed in 2022.
In 2022 the number of cases heard under the
Children’s Act 1998 (such as, care orders, access, maintenance, care and control) increased by 12 per
cent compared to 2021. The severity and complexities of these cases remained the same.
The total amount of child support payments
received in 2022 was $3,231,457 and is similar to the amount received in 2021. As with 2021, this shows that although persons may have lost employment or
had their incomes reduced due to the COVID -19 pa ndemic they still put the welfare of their children as a
priority.
Under cost centre 13070, Administration, the
original estimate for 2022/23 was $1,259,000. The
estimate for 2023/24 is $1,260,000, which is an i ncrease of $1,000. The Magistrates’ Court senior offi cers, who fall under the remit of the Court Manager, consist of the Family Support Officer, the Head Bai liff/Deputy Provost Marshal General (DPMG) and the
Office Manager. They provide support and overall
control of personnel, facilities and the financial r esources of the Magistrates’ Court.
The Magistrates’ Court administration section
consists of the court manager, office manager, ac-counting officer, an administrative assistant and two
court associates (formerly titled cashiers). The accounting officer and two court associ ates are fully r esponsible for all revenue collected.
Collectively they received a total of
$7,283,838 in fees and fines in 2022. This represents an overall increase of 17 per cent in fines collected for
criminal, traffic, parking and civil matters in 202 2. The
Magistrates’ Court, as it did in 2021, still takes into consideration the financial circumstances of individu-als who have been fined and accordingly the Magi strates’ Court have allowed persons to pay off their fines in instalments. Additionally, Mag istrates are
making community service orders in lieu of the impos ition of fines so that those who are unable to pay fines can give back to society through charity work. Due to
the increased [number] of persons unable to pay their
fines the number of community service orders has
drastically increased over the past year .
Cost centre 13080, Criminal/Traffic Records.
The original estimate for 2022/23 was $436,000. The estimate for 2023/24 is $446,000, which is an i ncrease of $10,000 or 2 per cent. The Crim inal/Traffic/Records Section of the Magistrates' Court
provides case management and court services related
to the resolution of criminal, traffic and parking ticket
cases as well as manage all record requests. In 2022, this section processed a total of 2,123 r ecord r equests, which is a significant increase of 25 per cent
when compared to 2021.This is most likely as a result
of either an increase in employment vacancies and
travel throughout 2022.
It is to be noted that the fee for a record r equest at the Magist rates’ Court continues to be di sproportionately low at $10 per application when a similar report from the Bermuda Police Service is
$100. We will continue to pursue an increase in this fee.
Cost centre 13090, Bailiff’s Office. The orig inal estimate for 2022/23 was $527,000. The estimate
for 2023/24 is $524,000, which is a decrease of
$3,000 or 1 per cent. This office provides for the service and execution of court papers inclusive of Civil,
Family, Supreme Court and Foreign Service. There is
one Head Baili ff/Deputy Provost Marshal General, one
administrative assistant and five bailiffs who travel
throughout the Island serving Court processes.
In 2022, a total of 2,148 documents were i ssued for service by the bailiffs. A total of 1,755 doc uments were issued for service throughout 2022, and a
further 393 documents were issued prior to 2022. It is
to be noted that between 2018 and 2022 there has
been a steady decline in the issuing of documents for
service by the bailiffs. The average service rate for the
top three categories of documents served by the bai liffs are combined summonses, committal applications
and warrants of arrests. The average service rate of
these documents was 89 per cent in 2022.
With regard to revenue, Madam Chairman,
Revenue reported in th is section is for the calendar
year 2022, as follows :
Traffic and Parking Fines: The major components of revenue are actually traffic and criminal fines. There was an overall increase in fines collected for
traffic, parking and criminal fines in 2022, whic h may
be a result of the relaxation of COVID -19 protocols.
The total amount recorded for traffic fines was $2,365,335, which is a substantial increase from
526 27 February 2023 Official Hansard Report

Bermuda House of Assembly 2020; $645,400 for parking fines (an increase from
$568,425); and there was a decrease in criminal f ines.
It should be noted that there remains a co ncern that the Magistrates’ Court cashiers’ section pr ovides all of the resources to collect parking ticket fines
on behalf of the Corporation of Hamilton; these r esources are funded by the Bermuda Government.
There is no financial reimbursement by the Corpor ation to cover the costs of collecting their fines as
100 per cent of fines collected are transferred directly
to the Corporation of Hamilton, and it results in a loss
of revenue to the Bermuda Government . And we are
actually in the process of correcting that.
[Court Fees for the Supreme Court]. Regrettably, the fees collected for Supreme Court matters
has not been revenue that has historically been recorded. The majority of Supreme Court fees are paid
by way of revenue stamps that Counsel and parties
purchase through the Accountant General. This uncaptured revenue needs to be recorded to show the
true revenue of the Judiciary. Consideration should also be given to increasing the Court fees payable to
the Supreme Court as the fee structure has not be
amended in several years. The department is currently in discussions with the relevant government departments to amend the fee structure, and it is hoped
that appropriate increases will be instituted through the necessary legislation, and that is in train.
With regard to the court fees for the Magi strates’ Court, the revenue received for civil fees for
2022 is $79,745. As with the fee structure in the S upreme Court, it is hoped that appropriate increases
will b e instituted as it relates to civil fees payable in
the Magistrates’ Court through the necessary legisl ation.
With regard to liquor licenc es, the revenue
collected in liquor licence fees was $194,500 in 2022
for the calendar year. Although the administrat ion of
the Liquor Licensing Authority has now moved to the Ministry of National Security since mid- June 2022, the
Magistrates’ Court still has the responsibility of collec ting all of the payments for liquor licensing fees.
For the period April 2022 to December 2022,
$20,685 in fees were collected for Registered Assoc iates and $21,781 was collected for court fees and charges, such as, hearing fees and fees for services, such as, copies of documents, document certification
and audio copies of hearings.
With r egard to stamp duty on deceased's estates, applications are made to the Supreme Court to
probate the estates of deceased individuals. A tax
assessment of revenue is made on the net estate val-ue of a deceased’s estate. The net estate value is a
calculation of the total value of a deceased’s gross
estate less the value of various statutory deductions
and exemptions including the value of property desi gnated as a primary family homestead and the spousal
benefit. Revenue assessment for 2022: $2,386,404,
which r epresents 157 grants issued. The lowest assessment was $561 and the highest assessment was $456,209.
With regard to the total revenue for 2023/24,
the original estimates for 2022/23 were $4,564,000 and for 2023/24 it is $5,527,000, an increase of
$963,000 or 21 per cent. The revenue estimates for
2023/24 are found on page B -80 of the Approved E stimates of Revenue and Expenditure Budget Book.
It is anticipated that revenue will continue to
increase during the upcoming fiscal year. With the
relaxation of COVI D-19 protocols, there has been a
decrease in remote working as persons are now r eturning to their workspaces.
Under capital expenditure, the estimates for
2023/24 are found on page C -10 of the Approved E stimates of Revenue and Expenditure Budget Book. The Judicial Department has been allocated no capital
funding for fiscal year 2023/24. Funding for video co nferencing has also been rolled forward for fiscal
2022/23. However, this funding has been accounted for in the budget for the Ministry of Legal Affairs and
Constitutional Reform Headquarters.
That, Madam Chairman, completes Head 3.

We are in Committee of Supply and
we are almost two hours in. So, Minister, when you
are ready to carry your next Head, please continue.

Hon. Kathy Lynn Simmons : Thank you, Madam
Chairman, I will now move to Head 4 which repr esents the Attorney General’s Chambers.

HEAD 4 —ATTORNEY GENERAL’S CHAMBERS

Hon. Kathy Lynn Simmons: Madam Chairman, the
mission statement, the department objectives and current account est imates for the Attorney General’s
Chambers, Head 4, begin on page B -87 of the Est imates Book.
The mission statement of Chambers is , To
provide high quality legal advice, representation and
drafting of legislation for the Government.
The original estimates for 2022/23 for expenditure of $5,556,000. The estimate for 2023/24 is $5,544,000 which is a decrease of 12 per cent.
Madam Chairman, the Attorney General's
Chambers objectives are to
• provide quality legal services to the Gover nment of Bermuda;
• advise all government ministries, depar tments, and entities on the law applicable to
their operational requirements;
• draft legislation as required to implement the
Government's legislative agenda, to maintain
Bermuda's legislative database, and to su pport law reform;


Bermuda House of Assembly • draft contracts, international instruments for
mutual tax information exchange, conveyances and other documents required for public purposes and to provide advice on Private
Bills; and
• conduct litigation in the civil courts of Berm uda on behalf of the Gov ernment of Bermuda.
Madam Chairman, the Attorney General's
Chambers is functionally divided into six programmes
accounted for below as follows:
Cost centre 14010, Administration. The original estimate 2022/23 was $421,000. For 2023/24 it is
$420,000 which is a decrease of $1,000.
Administration provides administrative support
to the Attorney General, Solicitor General and Crown Counsel. This cost centre provides salaries for an office manager, a customer service representative, a
records management adminis trator, and an accounts
officer. It also supports the purchasing of office supplies that are common to all sections of the depar tment. The modest decrease is due to less cleaning supplies and hospitality expenses budgeted for.
In addition to the salaries provided for in this
cost centre, it also provides $46,000 for repair and
cleaning services; $25,000 for office supplies; $20,000
for telephone services; $13,000 on drinking water and
$31,000 for repair and maintenance of office equi pment and $4,500 for hospitality expenses.
In the budget year 2022/23 this cost centre
provided for and spent $38,000 on repair and cleaning
services; $25,000 on office supplies; $2,400 on drinking water, $18,000 on telephone expenses, $1,900 on
courier services and $3,400 on hospitality expenses.
Under cost centre 14020, Advisory Section,
the original estimate for 2022/23 was $2,575,000. The
estimate for 2023/24 is $2,485,000, a decrease of
$90,000 or 3 per cent. The Advisory Section is r esponsible for providing quality legal ad vice to all go vernment departments and conducting litigation mat-ters brought by or against the government. Additiona lly, Advisory is responsible for recovering debts owed
to the government. This cost centre provides salaries
for one Solicitor General, two Deputy Solicitor -
Generals, two Senior Crown Counsel, six Crown
Counsel, two administrative assistants; one paralegal
to the Solicitor General and one pupil. The decrease is due to a 50 per cent cut in the vacant deputy solic itor general post as recruitment will be delayed for six
months and employment will commence October 1.
In addition to the salaries provided for in this
cost centre, it also provides $167,000 for consultant
services; $100,000 for legal services; $20,000 for
software maintenance; $15,000 for membership fees;
$11,000 for books and subscriptions and $11,000 for
office supplies.
In the budget year 2022/23, this cost centre
provided for $9,000 on legal services; $13,000 on
membership fees and $8,000 on office supplies, $12,000 on books, period icals and subscriptions and
$2,000 on consultant costs.
Cost centre 14030 represents Legislative
Drafting. The original estimate for 2022/23 was
$1,938,000. The estimate for 2023/24 is $1,948,000, an increase of $10,000.
Madam Chairman, the Legislative Drafting
Section
• advises regarding proposals to introduce or amend legislation;
• drafts primary and subordinate legislation for
all government departments; and
• provides advice and support to Ministers in the House of Assembly and Senate as their
respective leg islation progresses.
This section also provides advice to Ministers
and the Governor on legal and constitutional issues and on matters of parliamentary procedure. The sal aries provided for in this cost centre include those of
the Chief Parliamentary Counse l, Deputy Chief Parliamentary Counsel, six Parliamentary Counsel, two
Assistant Parliamentary Counsel, a Legislative Dat abase Manager, a Legislative Editor, a Legislative A dministrator and a Legislative Database Administrator.
The year -over-year budgetary increase is due
to budgeting for overseas training. In addition to the
salaries provided for in this cost centre, it also pr ovides $3,000 for local training, $10,000 for training overseas, $8,000 for membership fees and $20,000
for office supplies.
In the budget year 2022/23, this cost centre
provided for and spent $2,000 on online and local
training, $8,000 on membership fees, and $9,000 on
office supplies.
Cost centre 14040, Revised Laws of Berm uda. The original estimate for 2022/23 was $159,000. The est imate for 2023/24 is $216,000, an increase of
$57,000 or 36 per cent.
Madam Chairman, this cost centre supports
the consolidation, periodic revision and publication of
the Laws of Bermuda. It is responsible for providing
members of both Houses of the Legis lature, bus inesses, lawyers, and the general public with access to
the revised statutes and regulations of Bermuda. It
also supports the ongoing consolidation of primary
and subordinate legislation. The budgetary increase is
due the implementation of a user acceptance testing
environment to the LIMS software to enable better system support and an upgrade in security to the
online legal database.
In budget year 2022/23, Madam Chairman,
$159,000 was spent for maintenance and hosting services of the Bermuda La ws website.
Cost centre 14050, Debt Collection. The orig inal estimate for 2022/23 was $316,000 and that has
not changed for 2023/24. The Debt Enforcement Unit
within the Attorney General's Chambers was established by the Government to assist the Department of
Social Insurance and the Office of the Tax Commi s528 27 February 2023 Official Hansard Report

Bermuda House of Assembly sioner in the recovery of unpaid social insurance co ntributions, payroll tax, land tax and other taxes owed
to the government. The cost centre provides salaries
for one Crown Counsel, one Junior Crown Counsel,
and an Administrator.
Cost centre 14060 represents the Law L ibrary. The original estimate for 2022/23 was
$147,000. The estimate for 2023/24 is $159,000, an increase of $12,000 or 8 per cent. This programme
provides for the cost of maintaining the Law Library in the Attorney General's Chambers, which includes the
purchase of books, periodicals, and the provision of
access to leading online legal information sources,
such as Lexis/Nexis; Practical Law and Westlaw. The
increase is due to the increased cost of electronic
subscriptions.
In the 2022/23 budget year, $126,000 was
spent for electronic subscription services and books.
The budget allocation for Capital Expenditures
is found at page C -10 of the Estimates of Revenue
and Expenditure. The Attorney General’s Chambers
has been allocated a capital amount of $3,150 for fi scal 2023/24, which was the same amount allocated for . . . there was nothing allocated for 2022/23. Funding
for this amount will be used to purchase computer
equipment.
With regard to output measures, Madam
Chairman, during the 2022 calendar year, 43 Acts were enacted and 142 Statutory Instruments made. In
addition to the annual budget legislation, there were a
number of new and amending Acts to give effect to
the Government's legislati ve agenda on topics including faultless divorce, endangered animals and plants,
licensing of garages, parish councils and minimum
hourly wage entitlement.
The Bermuda Laws website, which contains
all of Bermuda's current laws and subordinate legisl ation, i s updated in real time from within Chambers and
we are continuing to make improvements to the site.
Since November 2018, Statutory Instruments (or BRs)
are now gazetted by publication on the website which
clearly indicates the operational date. Updating the eGazette from within Chambers allows regulations to be published and take effect immediately.
Over the past budget year, we received eight
Mutual Legal Assistance requests, which is relatively consistent with the number of requests we received in
the pr evious year.
The Advisory Section also acts as attorneys
for the Enforcement Authority under the Proceeds of
Crime Act 1997. The Enforcement Authority is
charged with recovering proceeds of crime in civil pr oceedings. Over the past budget year, there were no
civil recovery confiscation proceedings . However , we
completed two section 51 of the Proceeds of Crime Act 1997 cases which resulted in $21,741 cash being confiscated.
With regard to staffing, Madam Chairman,
there are currently four vacant posts within the Civil Advisory and Litigation section of the Attorney -
General's Chambers: one Deputy Solicitor General; one Senior Crown Counsel; one Crown Counsel; one
pupil post and one accounts officer. Recruitment for
the vacant posts of Senior Crown Counsel, Cro wn
Counsel, pupil and accounts officer has commenced.
The current staffing levels of the Civil Advisory
section are one Solicitor General; one Deputy Solicitor General; one Senior Crown Counsel, six Crown
Counsel; one Junior Crown Counsel; two administr ative assistants and one paralegal to the Solicitor General. I will say, Madam Chairman, that we have had difficulty recruiting as our salaries are not competitive
and are currently under review.
In April of 2022, Crown Counsel , Ms. Lauren
Sadler -Best, was a ppointed to the post of Crown
Counsel to Advisory section of Chambers. Ms. Sadler -
Best was previously in the post of temporary additio nal Crown Counsel. We wish to congratulate Ms. Sa dler-Best on her re- appointment to the post of Crown
Counsel, a post she previously held prior to holding
the post of temporary additional Crown Counsel. In the Drafting section of Chambers there is a vacancy
for the Chief Parliamentary Counsel following the r etirement in August 2022 of experienced drafter, Mrs.
Cathryn Balfour -Swain who completed 14 years of
service in Chambers. We thank Mrs. Balfour -Swain for
her dedicated work and commitment to Chambers and wish her well in her endeavours. We will be seeking
permission to convert two temporary additional posts
to established posts so that a Bermudian Assistant
Parliamentary Counsel can be promoted during this financial year.
There are currently six Parliamentary Counsel
(including the Chief and Deputy Chief), and two Assi stant Parliamentary Counsel. In addition to these dedicated lawyers who are responsible for drafting all
Government Bills and statutory instruments, the sec-tion is fortunate to have an excellent administrative team comprising four persons, each of whom plays a
vital part in the timely production, publication, and
consolidation of legislation.
With regard to Training and Development,
Madam Chairman, the Attorney General's Chambers
includes within its mandate the development of its pr ofessional and administrative staff. Members of the Ci vil Advisory and Administr ative section of Chambers
attended training and personal development courses
offered by the Department of Employee and Organis ational Development. Members of the Advisory section also provided in- house presentations on advisory and
litigation matters. In a ddition, the Advisory section has
bi-weekly counsel meetings to discuss legal issues,
and provide input to counsel who currently have mat-ters before the court.
During the course of the budget year the S olicitor General coordinated the pupillage programme of the Ministry , and one Crown Counsel currently acts
as pupil master for one of the two pupils that are curBermuda House of Assembly rently doing their pupillage within the Ministry. The
pupillage programme provides each pupil with a
unique and enriched training experience within t he
Office of the DPP, Legal Aid, and Drafting and Advis ory.
In December 2022, an Assistant Parliamentary Counsel, Miss Lorendae Symonds, commenced
online studies with Athabasca University for a Graduate Diploma in Legislative Drafting, and we wish her
success in completing this demanding course.
Through our partnership with the Whitehall Parliamen-tary Counsel office both Assistant Parliamentary
Counsel have been able to participate in monthly di scussions on drafting topics with colleagues in London,
and hav e been invited to visit for a work shadow exp erience during the forthcoming financial year.
Members of the Drafting section attended various training and development webinars and online
training sessions on topics including: international
perspectives and developments in legislative drafting,
international sanctions, cybersecurity, law reform,
personal information protection, management, health
and safety, leadership and well -being.
Members of the Drafting section give in- house
monthly presentations and lea d roundtable discussions on drafting matters. A team building and staff
wellness initiative is being planned during the fort hcoming financial year.
With regard to initiatives in the forthcoming
year, Madam Chairman, a principal focus will continue
to be on the development of Bermudians in Chambers
and pupils, particularly in using Senior Crown Counsel
and Crown Counsel to assist Junior Crown Counsel and pupils with advice and guidance on advisory and
litigation matters. The Advisory section intends to fill
the vacant posts of Senior Crown Counsel, Crown
Counsel, pupil and Accounts Officer in the forthcoming fiscal year.
Ensuring that Chambers has two dedicated
specialist posts for land law; conveyancing and pla nning law will continue to be an initiative that we will
seek to achieve without increasing the number of
posts within Chambers. To this end, we have revised one of the job descriptions for Senior Crown Counsel
and are currently reviewing the vacant post of Crown
Counsel. So we are trying to reach more specialist areas to be able to accommodate the complexity of
government business.
Improving the personal development of staff
will remain paramount by providing them the opportunity to attend training courses offered by the D epartment of Employee and Organ isational Development. The Advisory Section will continue to
• review contracts for the various m inistries and
departments to aid the same in making better
decisions in contract negotiations;
• provide more administrative support to the Debt Collection Unit to assist both Junior
Crown Counsel and Crown Counsel in man-agement of debt enforcement with the aim of
providing updated progress reports on debt
enforcements.
• review the assignment of specific counsel to provide advisory and litigation representation
to mi nistries and departments;
• seek to improve our case management sy stem to reduce our demand for paper r esources through the better use of our Pro Law
software and our electronic filing systems; and
provide more in- house presentations by counsel on a variety of legal topics;
• provide mentoring and training to Junior
Counsel to enhance their skill sets in a variety
of legal subjects;
• coordinate the Pupillage programme of the Ministry and Chambers.
With regard to the Drafting section, particularly staff and train ing, Madam Chairman, a principal f ocus will continue to be on the development of Berm udians in legislative drafting. Experienced drafters will continue to train and mentor the Assistant Parliamentary Counsel so that they will be able to draft ind ependently . This is essential for purposes of succession planning in this very specialised area of law.
Focus will be placed on the organisational r estructuring of the section to bolster succession planning in the section thereby supporting professional
and leadership development.

I just want to inform the listening pu blic that we are now just over two hours into the debate, and we are on Head 4, the Attorney General’s
Chambers. Madam Attorney General, if you are ready
to continue, please do.

Hon. Kat hy Lynn Simmons: Thank you, Madam
Chairman.
I will now move on to briefly discuss the Legi slative Information Management System (LIMS). The
legislation is produced quickly and accurately using LIMS, which is customised to our Bermuda drafting
style. This, combined with the important role of the
Legislative Editor, has kept the number of errors and
inconsistencies found in legislation during House and
Senate debates to a minimum, thereby expediting the
legislative process. The maintenance of LIMS is
through a Canadian vendor who provides timely pr ofessional assistance and technical support whenever
necessary, and regularly updates our software with
the latest versions.
It is intended to continue to improve our dat abase and to post new laws within a week of enac tment on the Bermuda Laws online website
www.bermudalaws.bm
, which is hosted locally by
Fireminds Ltd. and One Communications Ltd.
Consolidation, which is the incorporation of
amendments into existing laws, is m ore timeconsuming since the amendments are checked by the
530 27 February 2023 Official Hansard Report

Bermuda House of Assembly drafter as well as the Legislative Database Manager.
The goal is to continue to complete the process within
one month of the enactment of the amending legisl ation, which was achieved in the last few years. To date we have reached the intended outcome in 95 per
cent of enactments.
The output of the Drafting section— 185 Acts
and Statutory Instruments in 2022 —speaks directly to
the value of this dedicated team. We anticipate a
slight increase in demand for legislation in 2023/24 as
the Government seeks to progress a number of signi ficant initiatives.
Thank you, Madam Chairman, this concludes
Head 4.

Okay. You have the floor.

HEAD 74 —DEPARTMENT OF COURT SERVICES
Hon. Kathy Lynn Simmons: Thank you Madam
Chairman.
The current account estimates for Head 74,
the Department of Court Services, begin on page B -
90 of the Estimates Book. A total of $4,590,000 has
been allocated to Head 74 within the Ministry of Legal Affairs and Constitutional Reform. This amount repr esents a 3 per cent decrease from the current 2022/23
fiscal year.
The original estimate for 2022/23 was
$4,711,000. The estimate for 2023/24 is $4,590,000,
which is a decrease of $121,000 or 3 per cent. Madam Chairman, the budget disbursement of the D epartment of Court Services (DCS) is primarily comprised of salaries for personnel and basic operational
expenses. The department plays the lead role in the assessment, rehabilitation, treatment, and case management of offenders in the community who are su bject to statutory orders. Correspondingly, it delivers
comprehensive assessments, makes referrals to
treatment agencies for all substance abusers via the
Bermuda Assessment and Referral Centre (BARC),
along with conducting drug and alcohol screenings.
This department is currently capable of screening for 12 compounds including synthetic THC.
The manpower figures for the Department of
Court Services are on page B -91 of the Estimates
Book.
Madam Chairman, the d epart ment has been
challenged as we come out of the health pandemic,
and its lingering effect on operating with multi -
dimensional clientele who present with varied degrees of risk. Many of the community concerns are exacerbated by our client’s economic hardships, lack of res idential accommodations and varied tensions on the
Island. Persistent and insidious issues include unemployment, mental health issues, lack of housing, mi suse and abuse of substances, parenting challenges,
childhood and adult trauma, anger is sues, gang affili ations, cognitive deficits, ineffective role models, negative peer influences, educational deficiencies or def icits, as well as unsatisfactory leisure activities being pervasive amongst our client population. Whilst there has been a concer ted focus on incarceration and s upervision issues, there is no definitive community r esearch in this regard.
The department continued to resolve staffing
shortages in critical areas via the established prot ocols, and we can report that several critical pos ts have
either been filled or should be in the next few months.
The department continues to operate seven
cost centres within three distinct programmes.
Under cost centre 7402 is Administration. The
original estimate for 2022/23 was $1,388,000. The
estima te for 2023/24 is $1,389,000, an increase of
$1,000.
[Business Unit] 84070 represents Court Services Administration, and Madam Chairman, the
budget for the Administration unit is made up of sal aries for senior management, technical and administr ative supp ort personnel, totalling $727,000, which co nstitutes the majority of the allocated funds. The r emaining expenditure of $662,000 covers building s ecurity, training, software and electronics /technology,
office cleaning, apprenticeship, counselling, and oper-ational equipment and supplies.
This department as well as the Bermuda P olice Service, the Courts, and the Parole Board conti nue to utilise electronic monitoring devices to aid in s upervision and to assist officers to garner positive b ehaviour change in the clients. The Nightlight pr ogramme (curfew checks) has not been reinstated in its former format since the pandemic began. However,
officers continue curfew checks for those who present
the most risks in a modified format.
This programme responded to all queries via
the departmental portal within 48 hours of each entry being sent. Due to transitioning issues with numerous
staff, they will revisit its performance measures in the
upcoming fiscal year to demonstrate effective and efficient use of all resources.
Madam Chairman, departmental training to
maintain certification standards related to sex and vi olent offenders, drug abuse and addictions, as well as
domestic abuse remains a work in progress with an
aim to promote a continuum of care. Community se ntences under the remit of this department motivate
offenders to examine their behaviours, challenging
them to alter their lifestyle and conduct and to confront the difficult and challenging issues that they face.
Partnerships with stakeholder partners in wider crim iBermuda House of Assembly nal justice ventures enhance fiscal interfaces being
driven from existing budgets as we work collaborativ ely.
Madam Chairman, the specialist Treatment
Court Programmes operated under this department
maintain effectiveness in meeting the needs of par ticipants and curbing their offending behaviours. The
team environment promotes more effective work to
meet client needs as well as programme expectations.
Madam Chairman, 7401 represents the Cas e
Management Unit. The original estimate for 2022/23 was $1,371,000. The estimate for 2023/24 is
$1,326,000, which represents a decrease of $45,000,
or 3 per cent. The Case Management Unit is overseen
by a Manager and comprises the Drug Treatment
Court Programme (DTCP), Probation, and Parole
Teams. A recent recruitment drive selected a senior
probation officer from within the department to manage and supervise the Parole Team, and the a pproved candidate has taken up their new duties. Cases are still managed according to the offenders’ as-sessed risks, as well as their needs.
Staff members within this unit assist in ensuring this department can continue to give represent ation on several interagency committees and groups.
The aim is to enhance collaborative efforts, communications, promote training and generate data collection across all agencies involved in the justice system. The
2023/24 budget allocations will be dispersed in the
following three cost centres:
Probation Services, 84010: Original estimate
for 2022/23 was $509,000. The estimate for 2023/24 is $464,000, whi ch represents a decrease of $45,000,
or 9 per cent. The Probation Team oversees probation
orders which are robust, and challenge offenders to
change their offending behaviours, lifestyles and cri minal thought patterns. This is reinforced through office and field visits, as well as contacts with significant
others to ascertain a more accurate synopsis of the clients’ functioning and responses to supervision.
There were 64 persons sentenced to this form
of supervision for the year, with 37 persons complet-ing probation. The allocated Probation Services budget of $464,000 is broken down as follows:
• Employee expenses (salaries) $448,000. The
other operational expenses of $16,000 include
cell usage, assessment materials and out -
sourced treatment services, if requi red.
• A performance indicator for this team is that final risk assessments on clients during the f inal month of supervision was 90 per cent.
This demonstrated responsible use of r esources and accountability measures.
A goal for the upcoming year is to dilig ently
work with and support a review court. This will enable
the system to have a more systematic and predict able schedule for case reviews with the court. This will
not affect emergency cases which may need to be
heard as soon as possible. Madam Chairman, successful delivery of the
Probation Team’s services in the upcoming year will include more accurate data analysis, and refined site
visits to observe offenders in their environments. This
will assist officers in mitigating risks, needs levels and respons es.
Cost centre 84020 represents Parole Services. The original estimate for 2022/23 was $409,000, and that has not changed for 2023/24. Ind ividuals released from the Department of Corrections (DOC) on early conditional release to serve the r emainder of their sentence in the community by the
Parole Board, are supervised for the remainder of
their sentences under the supervision of an officer
from the Parole Team. The allocated Parole Services
budget of $409,000 is broken down as follows:
• $396,000 to cover em ployee expenses (sal aries); and
• $13,000 for operational expenses.
To promote the successful delivery of supervision services amongst gang involved and other highrisk parolees electronic monitoring devices were r equired as conditions for supervision. Thi s ensured that
identified persons refrained from visiting high- risk
places and limited the degree to which high- risk ind ividuals were able to associate with each other, which
proved effective in mitigating and monitoring risks.
There were 49 individuals on parole and the
conditions of their respective orders vary according to
their need of supervision coupled with the risks that
they pose to themselves and others. During the year
eight persons completed parole, and four offenders
were recalled to the Depar tment of Corrections for
infractions of their orders.
A performance objective realised is that at
least 85 per cent of clients received a final risk assessment.
Cost centre 84080 represents the Drug
Treatment Court Programme. The original estimate for
2022/23 was $453,000, and that has not changed for
fiscal year 2023/24. The Drug Treatment Court Pr ogramme remains the principal model for a team ap-proach to offender supervision. There were 16 partic ipants in the Drug Treatment Court Programme for the year, in addition to those [observ ed] for potential admittance into the programme.
The team maintained quick response time to
client non -compliance issues and facilitated the trans ition of clients across levels within the treatment continuum. A varied stream for offenders convicted of
driving under the influence, or DUI offences , continues
to emerge with a finite operational structure that is
continuously built upon. There were 17 individuals in
the DUI stream. Both streams require the officers to
engage in intensive case management to ensure that
the treatment needs, as well as any social, medical,
and mental health needs are also met.
The budget allocation of the Drug Treatment
Court Programme [DTCP] is distributed for the rehabi l532 27 February 2023 Official Hansard Report

Bermuda House of Assembly itation of offenders whose offending is directly attributable to their substance abuse, and includes ur inalysis assessments, counselling and training.
Madam Chairman, private psychological and
counselling services augment the department’s clin ical interventions which assist in addressing issues
that contribute to the offenders’ use of substances. It
is anticipated that this need will decrease once the
two departmental psychologist posts are filled, and it
should also result in cost savings.
The majority of these funds for the DTCP represent salaries, in the amount of $403,000. The r emaining funds cover operational, as well as asses sment and treatment services for the programme. In
essence, this has enabled offenders whose substance misuse contributed to their offending to be afforded
treatment, and upon completion of the programme,
their index offence can be expunged.
This team continued to demonstrate effectiv eness and responsibility is utilising its limited resources. Only 5 per cent of clients failed (or tested
positive) for illegal dr ug or alcohol usage during s upervision.
Madam Chairman, during the next financial
year, the Case Management Unit proposes to exert
more focus on assessing therapeutic interventions for
clients as a priority, in addition to enhancing officer well-being. Per formance measures have been revised
for future outcomes, and application of standards will ensure effective enforcement of the requirements of
statutory Orders to hold offenders to account.
Cost centre 7403, Assessment and Treatment
Unit. The original esti mate for 2022/23 was
$1,952,000. The estimate for 2023/24 is $1,875,000,
which represents a decrease of $77,000, or 4 per
cent.
Madam Chairman, the Assessment and
Treatment Unit of the Department of Court Services provides accurate, comprehensive and detai led clin ical assessments, reports and treatment programmes that identify risks and criminogenic behaviour and
thought patterns that clients exhibit in the community.
These interventions guide service delivery and assist in reducing relapse and/or reoffendi ng rates. The 18
personnel function under the direction of the unit manager.
The unit’s four teams, each under the supervision of a coordinator, or clinical supervisor , operate
under three cost centres. A priority of this u nit is ong oing regulation of its procedures and comprehensive
assessments.
Cost centre 84030 represents Aftercare and
Community Integration Service. The original estimate
for 2022/23 was $326,000. The estimate for 2023/24
is $281,000, which represents a decrease of $45,000,
or 14 per cent .
Madam Chairman, this programme includes
Community Service Orders and the Mental Health Treatment Court Programme, with the staff consisting of three officers who are supervised by a coordinator.
During the past fiscal year, individuals were sentenced to just over 3,100 hours of community service
by the courts. With several persons completing more hours than what was ordered by the court, just over 4,000 hours were completed in total. It should be noted that with the economic downturn, more community
servi ce hours are being ordered for persons who are
unable to pay their fines, as previously stated. The
offenders must complete their community service
hours within an 18- month period.
Madam Chairman, the Mental Health Treatment Court Programme is a valuable programme for
individuals who come into the criminal justice system
with diagnosed and treatable mental health issues.
The numbers of participants in this programme fluct uates, and there has been a lower number of partic ipants since the pandemic. As with ot her areas of the
department we expect that this number will increase
with the pandemic restrictions being lifted.
One significant challenge for this team that
continues year to year is the inability for these clients
to access the relevant residential treatment services
which they require. This is especially prevalent with
individuals dually diagnosed with a mental illness and
a substance [addiction] . Oft times many of the indivi duals are not ill enough to be hospitalised, but too ill for residential placement.
To assist in keeping the staff on this team current in the field, the team supervisor attended the N ational Association of Drug Court Professionals (which is the umbrella organisation for treatment courts), where they were able to return with up- to-date
knowledge on programmes, therapies, and proc edures to assist treatment court participants to better
thrive in the community.
During this fiscal year, the team ensured that
there was 100 per cent mental health screenings on
all clients. This demonstrat es its commitment to wor king assiduously to mitigate risks in clients and making sound use of its budget allocation.
Significant activities for the upcoming fiscal
year include continuing to explore residential and dual diagnosis options for clients with m ental health cha llenges. This is a dire need and we continue to work
collectively with other m inistries and NGOs toward this
end. The salary estimate is $255,000. The additional
fiscal outlay of $26,000 is for specialised mental
health and vocational asses sments, vehicle fuel,
maintenance of programme equipment, and cell phones.
Cost centre 84040 represents the Community
Based Programmes Team. The original estimate for
2022/23 was $495,000. The estimate for 2023/24 is
$467,000, which represents a decrease of $28,000, or
6 per cent.
Madam Chairman, the Community Based
Programmes Team continues to deliver accredi ted/certified programmes by specialist trained senior


Bermuda House of Assembly probation officers for high- risk offenders, such as sex
and violent offenders. The team has been without a
psychologist for the majority of the year. However,
provision was made for the specialist senior probation
officers of this team to receive clinical supervision via electronic conferences with a United Kingdom based
clinician, and a former depar tmental forensic ps ychologist remains an active support via a contractual
agreement, as required.
During the year a major effort has been
launched to fill the two departmental psychologist posts, and we are happy to report that one has been
selected and we are waiting for the recruitment pr ocess to be completed. For the second post a succes sful candidate has been recommended and we are expecting for both posts to be filled within the ensuing
months.
In addition to meeting their targets, as outlined
in the B udget Book, the Programmes Team offered
frequent client contacts over the past year, and have
moved seamlessly from electronic client contacts, as had been done during the pandemic restrictions, to
face- to-face contacts as the restrictions have been
lifted .
Madam Chairman, we can also share that, to
date, the re- offending rate for sex offenders enrolled
in the community sex offender programme remains at
zero per cent.

[Inaudible interjection]
Hon. Kathy Lynn Simmons: Mm-hmm, it is excellent.
The team are currently undergoing training to
enhance their skills and competencies to deliver trauma-based and domestic violence interventions.
Programme delivery objectives are accomplished with a financial disbursement of $37,000 for
clinical expenses, operational and training requir ement. The majority of the funds, $430,000, cover sal aries. During this upcoming year, the team will work
collaboratively with the incumbent supervisor to deli ver modified and enhanced accredited programmes to
mitigate risks in clients. They will introduce clinical
interventions to further assist sex offenders, as well as
other individuals who are assessed as needing interventions to prevent sexual offending.
Cost centre 84860 represents the Asses sment Team. The original estimate for 2022/23 was
$1,131,000. The estimate for 2023/24 is $1,127,000,
which represents a decrease of $4,000.
Madam Chairman, the Assessment and
Treatment Team, consisting of the Report Writing and the Bermuda Assessment and Referral Centre
(BARC) compile timely, co mprehensive and succinct
reports and assessments. These both aid in referrals
and the decisions of the Courts and Parole Board in client cases.
The Report Writing Team had a total of 212
reports for the calendar year. Of these, nine reports were compiled on gang members or affiliates. It is
noted that as we move beyond the pandemic the
number of cases which had waned have again begun
to increase. It is expected that this upward trend will
continue.
This team submitted utilised risk assessment
tools in 100 per cent cases. In addition, it submitted
court ordered reports by the submission date in 95 per
cent of instances.
Madam Chairman, the Department of Court
Services remains an active participant on the Interd epartmental Gang Task Force, as well as the Offender
Risk Management Team for high- risk offenders. I nvolvement in these teams has assisted in responding
to client needs and working collaboratively across the
criminal justice system to mitigate risks in these offenders.
The BARC Team, in particular, compl eted a
total of 126 reports in the past year. The length of time
for clients to enter into treatment has remained a challenge for the department. This challenge compromi ses persons who are mentally ready for treatment yet
have their entrance into treatment programmes delayed. This is not a factor within this department’s control, or remit, but is stated to be in compliance with the
treatment facilities’ and agencies’ accreditation standards and policies.
Of significant note, officers as well as the cli nical supervisor of the team have acquired their international drug organisation’s certifications, except for
one team member who has acquired their doctoral degree instead.
Madam Chairman, salaries for the 11 personnel aggregate $1,079,000. The residual funds allow for assessment materials, operational repairs and
supplies, cell phones, local training, and journals. The
budget year 2023/24 initiatives include combining both
the Social Inquiry report, and the BARC report into
one report compiled by one probation officer completing both, when the two types of reports are ordered,
for the same offender. This will increase operational
efficiencies overall. Training to attain certification in
gambling addiction, a trait that appears to be becoming more prevalent in c lients, will continue.
Madam Chairman, the department’s focus in
the coming year is to utilise funding to optimise its ef-fectiveness and efficiencies. The department for ecasts that in the upcoming fiscal year funding for cert ification of more officers in s pecialised interventions,
such as trauma, substance misuse and domestic vi olence will be a primary objective. This will assist in
analysing root causes of behaviours and ascertaining
criminogenic needs and risk levels.
Ongoing professional and therapeutic development is invaluable for officers in this department, as more shrewd analysis of offenders’ risks is being applied to drive supervisory and therapeutic service de-livery to clients. Compliance with international stand534 27 February 2023 Official Hansard Report

Bermuda House of Assembly ards, along with promoting the safety of officers , will
continue.
Madam Chairman, in these difficult and austere times this year’s budget for the Department of
Court Services provides the most basic and challeng-ing fiscal framework to sustain programmes and services. This is more challenging with the lack of supportive services, such as residential options and dual
diagnosis programmes and services for our clients
who present various levels of risks.
The department’s treatment, assessment, r esponsibility and rehabilitation regimes continue t o
lessen the effects of offending, and the impact of associated risks on the community. Officers continue to
challenge behaviours in clients, and this is often met with resistance. Officers conduct curfew checks, visit
homes and attend events in the community to monitor
clients more vigorously. They also use electronic
means to augment supervision tactics. These responsibilities present safety risks, yet officers are dedicated in their efforts to transform lives and deter further offending or relapse through various strategies and
interventions.
We note that some offenders prefer to forgo
supervision upon release from periods of incarcer ation, which they view as being onerous. The Offender
Risk Management (ORMT) Team, thrust by the 2018 Criminal Code Amendment (which is the Criminal
Code (Sex Offender Management) Amendment Act
2018) is operational and work remains in progress to
better manage, monitor and assist sex and violent
offenders through this Team’s accountability fram ework.
Madam Chairman, the depart ment’s officers
and support staff continue to work in stressful and
dangerous conditions as more and more offenders ,
who pose a serious threat to the community , are r eleased into supervision under our remit. The staff of the department utilise supportive, therapeutic, and
supervision regimes to minimise this threat and pr epare the offender to be more productive members of
our community.
The department has continued to embrace
partnerships and strategies as well as new initiatives,
without increased fiscal r esources for several years.
We enthusiastically acknowledge the hard work of the
department’s officers, and support personnel, who
work collaboratively with partners to further enhance
and support the protection of the community.
Madam Chairman, this ends my presentation
on Head 74, the Department of Court Services, and
highlights the operational use of its expenditures.