The Premier delivered a major economic update showing government finances are performing better than expected, with net debt now forecast to be $115 million lower than originally projected. He also presented the Pre-Budget Report outlining proposed tax changes, including exempting the first $48,000 of income from payroll tax. The Minister of National Security announced nearly $2 million in funding to hire 20 additional police officers to tackle unsolved murders and improve community safety.
Public Service Excellence Awards and recognition of outstanding government employeesGovernment's financial performance and economic outlook for 2022-2023Police recruitment plan to hire 20 additional officers to address crime and staffing shortagesUpdating Bermuda's intellectual property laws to modern international standardsHuman Rights Day 2022 commemoration and achievements
Bills & Motions
No bills were read, debated, or voted on in this sitting. The session focused entirely on ministerial statements providing updates on various government initiatives and performance reports.
Notable Moments
The Premier had to pause his lengthy economic statement to drink water and noted he might not finish due to a family funeral
Government revealed there are 31 unsolved murders since 2006 and 157 criminals who used firearms still facing no charges
Net debt performing significantly better than forecast - $115 million lower than projected just 10 months ago
Debate Transcript
826 speeches from 48 speakers
The SpeakerThe SpeakerGood morning, Members. The Clerk will now lead us in prayer. PRAYERS [Prayers read by Ms. Shernette Wolffe , Clerk ]
The SpeakerThe SpeakerGood morning, Members . The House is now in session. CONFIRMATION OF MINUTES [Minutes of 2 December 202 2]
The SpeakerThe SpeakerMembers, the Minu tes of the 2 nd of December have been circulated. Are the re any amendments required? There are none. The Minutes will be confirmed as printed. [Minutes of 2 December 202 2 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES The Spe aker: I have been notified by the following Members that they will be absent today: MP Ianthia Simmons -Wade, MP Jamahl Simmons, MP Zane De Silva and MP Lovitta Foggo . They will all be absent from …
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThere are three this morning. The fi rst two are in the name of the Premier and Minister of Finance. Would you like to present your communic ations? Hon. E. David Burt: Good mor ning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. BERMUDA FISCAL RESPONSIBILITY PANEL ANNUAL ASSESSMENT 2022 Hon. E. David Burt: Mr. Speaker, I have the honour to lay for the information of this Honourable House the Bermuda Fiscal Responsibility Panel Annual Assessment [2022 ].
The SpeakerThe SpeakerThank you. Continue. PRE- BUDGET REPORT 20 23/24 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I have the honour to lay for the information of this Honourable House the Pre- Budget Report in advance of fiscal ye ar 2023/24.
The SpeakerThe SpeakerThank you. Minister Hayward. Hon. Jason Hayward: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. DEPARTMENT OF FINANCIAL ASSISTANCE 2021/22 ANNUAL REPORT Hon. Jason Hayward: Mr. Speaker, I have the honour to lay for the information of the Honourable House the Department of Financial Assistance 2021/22 A nnual Report .
The SpeakerThe SpeakerThank you. Those are all of the Papers and Communic ations for this morning. We will move on. PETITIONS
The SpeakerThe SpeakerThere are no ne. 148 9 December 2022 Official Hansard Report Bermuda House of Assembly STATEM ENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerWe have nine such Statements this morning. The first is in the name of the Premier. Premier, before I call on you I would just like to announce that somewhere during the Statements this morning I am goi ng to vacate the Chair. I have a family funeral that I …
We have nine such Statements this morning. The first is in the name of the Premier. Premier, before I call on you I would just like to announce that somewhere during the Statements this morning I am goi ng to vacate the Chair. I have a family funeral that I am going to attend to. So I will be leaving here probably around 10:30 , if not before. Continue.
PUBLIC SERVICE EXCELLENCE AWARDS EMPLOYEE OF THE YEAR
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I rise today to inform this Ho nourable House of the deserving public officer recognised as the Employee of the Year and to acknowledge Public Serv ice Excellence Awards special category winners. The awards were presented at the Public Service Excellence Awards year -end cel ebration hosted earlier this week. Mr. Speaker, Honourable Members will recall the Public Service Excellence Awards is a monthl y recognition programme for public officers. The pr ogramme aims to encourage outstanding achievement and to recogni se, appreciate and celebrate public officers demonstrating admirable service delivery. Mr. Speaker, the programme [was] launched in September 2021 . During the period approximately 500 public officers have been nominated either individually or as a part of a team , and 15 have been recognised with the monthly Public Service Excellence Award. Mr. Speaker, the monthly publication of the fine work being accomplished by public officers helps to balance the dialogue around careers in public service. It showcases the diversity of careers and i mportantly highlights the array of talented, innovative, service -centric and accountable public officers who contribute with excellence on a daily basis. Mr. Speaker, each year it is expected that all nominees will be recogni sed at a year -end appreci ation event. The inaugural event held Tuesday, D ecember the 6th, at Pier 6, saw the many public officers nominat ed during the year come together to be formally acknowledged. It was my distinct pleasure to present special category awards, to make the selection from the list of finalists for the Employee of the Year Award and to present that award. Mr. Speaker, this Government is committed to attracting, nurturing and retaining the brightest and best talent Bermuda has to offer. Our Rising Star Award, amongst other things, recogni ses a young person 35 years or [younger] who demonstrates a keen interest in learning bey ond their substantive role, an officer who demonstrates potential to excel in a career in public service. The 2022 Rising Star Award was presented to Cultural Affairs Programme Manager, Carlita Lodge. Ms. Lodge has led on a number of significant cultural p rogrammes and most notably was at the helm of the re- introduction of the Heritage Day Parade following several years of suspension owing to COVID -19 restrictions. Mr. Speaker, Honourable Members will be aware of the array of services offered and pr ogramm es developed to enhance the lives of the people of Bermuda. The award for Excellence in Project Delivery requires that the project solved a critical need, the project was innovative and creative, and it required a team of shared resources from across departments and ministries to work together on delivery. The 2022 award for Excellence in Project Delivery was presented to Training Manager in the Department of Workforce Development, Dr. Patricia Chapman. Dr. Chapman led her team at Workforce D evelopment to quickly design and deliver a number of programmes for the benefit of the public, including the Learn to Earn programme with participating restaurants; numerous online courses and seminars retooling and equipping Bermudians to be more effec-tive in their job search; partnerships with private sector organi sations and firms in the cleaning industry, landscaping industry and accounting profession to identify and train Bermudians ; and more. Notably, Dr. Chapman led on the delivery of the Government’s Unemployment Benefit Programme which required significant cross -ministry engagement and resource planning. Mr. Speaker, our Excellence in Supporting People Award recogni ses an o fficer who readily shares knowledge of policies and processes with ot hers. It requires th at the o fficer works well as a team member and volunteers to assist with other tasks or projects. Our 2022 Excellence in Supporting People Award was presented to Supervisory Foreman in the Department of Parks, Mr. Roger Parris. Mr. Parris manages the Skill s Development Programme which was developed jointly by the Department of Parks and the Department of Court Services. Mr. Parris is fully dedicated to his role as a public officer , which serves as a platform for him to be a mentor to Bermuda’s youth and to impact young lives in a positive manner. Mr. Speaker, our Employee of the Year is s elected from the group of Public Service Excellence Award [monthly ] winners for the year. An Employee of the Year uses their skills and expertise to deliver exceptional outcomes for internal or external customers. The officer shows initiative and performs above and beyond his or her role. The o fficer’s work achieves tangible results and makes an impact beyond their immediate team or department. An E mployee of the Year is able to deliver in exceptional circumstances and is a self -motivated learner. Mr. Speaker, there were five finalists consi dered for the Employee of the Year Award. These i ncluded the following:
Bermuda House of Assembly • Transportation Coordinator in the Ministry of Transport, Ms. S tacy Evans; • Principal of the Francis Patton Primary School, Mr. Todd Fox; • Talent Manager in the Department of Emplo yee and Organi sational Development, Ms. Ashjuana Thomas; • Assistant Building Manager in the Department of Lands and Buildings , Mr. Sheridan Mi ng; and • Supervisory Foreman, Department of Parks, Mr. Roger Parris. All of these public officers we re worthy candidates who serve with excellence. Mr. Speaker, the 2022 P ublic Service Exce llence Awards Employee of the Year is the Principal at the Francis Patton School, Mr. Todd Fox. Mr. Fox has demonstrated his dedication to raising future leaders of Bermuda with a conscientious outlook on society and all of its members. This is evidenced by his appl ication of initiatives to inspire students to think beyond themselves, such as , Monthly Random Acts of Kindness recognition. He also continues fostering The Leader in Me, a growth model programme that e mphasi ses a culture of student empowerment to unleash each child’s full potential through applying the 7 Habit s of Highly Effective People. Mr. Fox is a charismatic and optimistic school leader. He is often seen in classrooms assisting teachers on a daily basis, as well as inside and outside of the building during recess, lunch breaks and mornings upon arrival, in teracting with students at every opportunity to ensure they are happy and safe. Mr. Fox has worked tirelessly alongside teachers and parents and is a co- leader for school transformation for Francis Patton Primary School, targeted to b ecome one of the first parish primary schools. Mr. Speaker, I am delighted by the positive impact the Public Service Excellence Awards Pr ogramme is having on the s ervice. The Government relies on consistent, professional and knowledgeable public officers to deliver for the pe ople of Bermuda. Too often, public officers are at the receiving end of political and public ridicule, which is a great disservice to their devotion and tireless work. And that is why it is so great to have highlighted public service excellence over the last 15 months, showcasing our many dedicated officers and, by extension, underlining the rich, rewarding and diverse career opportunities within the public service. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. The second Statement is also in your name. Would you like to continue with that now? Hon. E. David Burt: Hopefully I can make it through,
Mr. Speaker.
The SpeakerHave a sip of water there. You will be fine. ECONOMIC AND FISCAL UPDATE Hon. E. David Burt: Mr. Speaker, I am grateful for your indulgence to present this lengthy Statement to this Honourable House this morning. It is an honour to rise today on behalf of the Gover nment, …
Have a sip of water there. You will be fine.
ECONOMIC AND FISCAL UPDATE Hon. E. David Burt: Mr. Speaker, I am grateful for your indulgence to present this lengthy Statement to this Honourable House this morning. It is an honour to rise today on behalf of the Gover nment, in our last sitting of 2022, to provide an economic and fiscal update to this Honourable House and to the people of Bermuda. This Statement will cover the latest report from the Fiscal Responsibility Panel, the Gover nment’s mid-year financial performance and the Government’s Pre- Budget Report tabled moments ago. Mr. Speaker, earlier today I laid for the information of this Honourable House the 2022 Bermuda Fiscal Responsibility Panel Report (the Report), which has been published on the Finance Ministry sec tion of the Bermuda Government portal , www.gov.bm . The Report represents the eighth annual report of the Fi scal Responsibility Panel [ the Panel ], which was esta blished in 2015 as an international independent committee to review, monitor, assess and publicly report on the [ fiscal ] progress of the Bermuda Government. The Panel comprises a team of international experts chaired by Jonathan Portes, a former government chief economist and UK Treasury official and now a professor in economics and tax policy at Kings College in London. The other members of the Panel are Marian Bell, a former external member of the Mar-ket Policy Committee at the Bank of England who also previously advised on fiscal matters to the Gover nment of Jers ey; and Victoria Perry, a US tax lawyer who recently retired from the International Monetary Fund, having spent many years providing technical advice to countries on tax policy and revenue admi nistration. Mr. Speaker, t he Report contains a compr ehensive analysis of Bermuda’s fiscal and economic position, its strategy and related actions. The Panel provided their assessments, highlighted critical risks facing Bermuda, and provided recommendations for several key areas impacting Bermuda's fiscal and economi c outlook. These include fiscal and tax strat egy, expenditure policy, economic and fiscal developments, the international tax landscape, energy and climate change, the Economic Recovery Plan, immigration, pensions and health. Mr. Speaker, the Panel endor sed key aspects of the Government’s fiscal and economic strategy, including the Government’s commitment to remain within its fiscal guardrails for the ratios of gross debt and net debt to GDP. The Report commended the adoption of a target for a budget surplus of $50 million in 2026/ 27, in line with their previous recommendation. However, as I will cover later in my Statement, [the Report] identified challenges in reaching that goal. The Panel also positively endorsed work being 150 9 December 2022 Official Hansard Report
Bermuda House of Assembly done with regard to the Economic Recovery Plan, substantive tax reform, immigration reform and climate change. The Report also includes recommendations for consideration by the Government. These include the following two recommendations concerning fiscal and tax strategy: Mr. Speaker, with regard to fiscal strategy, the Report reiterates its recommendation that the Government should plan for an annual budget surplus of at least $50 million for the 2026 /27 fiscal year and subsequent years. This is recommended as the abs olute minimum n eeded to make appreciable inroads into Bermuda’s large external debt burden. The panel reiterates that further structural increases in revenues from taxation are required to ensure that the Gover nment achieves this target. Mr. Speaker, with regard to tax reform, the Report stated, “Since its inception the Panel has recommended fundamental reforms aimed at broadening the tax base, increasing the progressivity of the tax system, and increasing revenues, including [taxing ] individual capital income. The Government intends to consult on a number of these issues in the Pre- Budget Report, including revisiting some of the earlier rec-ommendations from the Tax Reform Commission. The Panel recommends that the Government commits, in the next Budget, to legislating and implementing a set of reforms along the lines set out above.” Mr. Speaker, the Panel concluded its report by saying, “The Government is addressing many of the most serious problems facing the country, including issues raised in our previous report. The overall fiscal strategy set out in the 2022 Budget is more c oherent and credible than that in prior budgets, but further action is required to deliver it. The fallout from the pandemic is largely behind now, though new global problems —inflation, fuel pric es, and worsening cl imate change—now face the country. The Government has responded with an ambitious and challenging agenda: the Economic Recovery Plan, the Bermuda Health Plan, the Climate Task Force, an agenda to reform the pension system, and the recent Ministry of Economy and Labour report on demographic pressures. What is now required is implementation and delivery.” Mr. Speaker, t he Fiscal Responsibility Panel plays an important role in fiscal policymaking in Bermuda. It represents the only independent assessment of the Government's fiscal strategy and plans , and makes recommendations to ensure the Government of Bermuda is progressing toward meeting its fiscal targets. The independent panel, which met with me mbers of the Government, Opposition, trad e unions, international business and local business, delivered a broad endorsement of this Government ’s fiscal and economic strategy. I take note of their call for delivery and implementation of the promised reforms, and this Government will continue to tackle the difficult issues in a thoughtful fashion to ensure success for Berm uda’s future. Mr. Speaker, I reiterate my appreciation to the members of the Bermuda Fiscal Responsibility Panel for their detailed and comprehensive review of the Bermuda Government ’s financial position, and I urge all Honourable Members to take note of their report and their recommendations as we debate issues later today and during next year’s budget session. Mr. Speaker, I will now share with this Ho nourable House the Govern ment’s mid -year fiscal performance. Following the Government’s mid-year assessment, total revenue is revised upward to $1.1 bi llion, approximately $30 million above initial estimates. This increase is primarily due to the continued ec onomic recovery, with better -than- expected increases in tourism -related revenues, payroll tax and stamp duty. This increase in revenue has more than offset the estimated $17.8 million loss in revenue from the aircraft register as a result of the Russia/Ukraine war. Mr. Speak er, total Current Account expenditures are now projected to be $956.8 million, $11.7 million above the 2022/23 original estimate of $945.1 million. The projected increase is primarily driven by the Government’s economic relief package and other additional spending items which were announced earlier this year as a result of the previous year’s budget performance’s being better than expected. Interest/guarantee management costs are projected to be $138.3 million, $10.5 million more than initially budgeted, largely as a result of one- time costs associated with the recent government debt refinancing. It is worth noting that with the latest transactions the Government has fully refinanced its near -term external debt with more than four years until the next bond maturity in January 2027. This means that the Government is largely protected from rising interest rates in the medium term, as there is not expected to be a need to borrow additional funds to finance Go vernment’s ongoing operations. Mr. Speaker, Capital Account expenditures are projected to be $85 million, $12 million more than the $73 million originally budgeted. The projected i ncrease is a result of the approved $7 million to fund critical refurbishments to Tynes Bay to ensure our l ocal waste disposal facility is able to function , and a further $4.1 million to assist the Bermuda Housing Corporation in providing additional affordable housing for the people of Bermuda. Mr. Speaker, the revised budget deficit for 2022/23 is now projected to be $72 millio n, or $2 million (or 2.9 per cent) more than the original estimate of $70 million. This revised projection is expected to be achieved despite the significant economic relief pac kage to assist persons dealing with the impact of rising global inflation, the elimination of duty for essential goods, the freezing of fuel prices at the pump to counter the high energy costs resulting from the RusBermuda House of Assembly sia/Ukraine conflict, the additional investments in affordable housing and infrastructure, and the afor ementioned one- time expenses due to the successful debt refinancing. When combining the revised deficit for this fiscal year and the expected deficit from the last fiscal year, the government’s net debt is in a much better position than forecasted during February’s budget presentation. Mr. Speaker, the March 31, 2022, net debt level was $66 million lower than previously for ecast in February’s Budget Statement . In addition, as at March 31, 2023, net debt is now forecasted to be $115 million lower than originally estimated i n the Budget Statement projections. Yes, Mr. Speaker, that was not a misstat ement, and I will repeat it for Honourable Members opposite : The Bermuda Government’s net debt is now forecast to be $115 million lower than it was projected just 10 months ago. Mr. Speaker, time and time again, this Go vernment has demonstrated that it is a good steward of the public purse. Though the Opposition may focus on a few missteps , I remind the public that no gover nment gets it 100 per cent right 100 per cent of the time. Mr. Speaker, even Lionel Messi can miss a penalty every now and then. B ut I return to the weighty matters of finance. Time and time again, this Government has demonstrated that we can be trusted to be good stewards of the public purse. We have delivered relief to Bermudians who are challenged with the highest global inflation seen in 40 years, we have made i nvestments in affordable housing and critical infrastructure, we have successfully refinanced our debt despite challenging market conditions, and we are meeting our budget targets. Our mid-year performance sets a strong foundation as we approach next year's budget. Mr. Speaker, when we return to this Honour able House next year, it will be for our budget session. One of the key steps in the budget process is the pub-lishing of a Pre- Budget Report. Earlier today I tabled the [2023/24] Pre-Budget Report on behalf of the Mi nistry of Finance. Mr. Speaker, as Honourable Members would be aware, a Pre- Budget Report outlines the priorities for the next budget i n a medium -term framework covering external developments and internal strategies. The Government should be account able for developing strategies to cope with both domestic and international turbulence, and the strategies contemplated should be transparent and open to feedback. Mr. Speaker, in the Pre -Budget Report , we have laid out the Government’s economic and fiscal policy challenges and provided fiscal policy options for public consultation while soliciting feedback from those affected by any policy changes under consideration. Like most [ small ] states and territories, Berm uda’s economy is vulnerable to external events, under-lining the need for fiscal and financial prudence. This vulnerability is compounded by Bermuda’s continuing budget deficits and hi gh level of government net debt, standing at $3.1 billion. Mr. Speaker, a ccordingly this Government must take appropriate action to address the problems the Island faces. It is also important that stakeholders and citizens understand these challenges , are aware of the factors influencing the Government's fiscal pol icy decisions, and utilise the opportunity to give their views. This will facilitate the achievement [of] the best outcome for Bermuda. Mr. Speaker, this Government has already committed to th e development and implementation of a robust and prudent fiscal and economic strategy based on the fundamental principles of sound fiscal management . These principles include • prudent management of financial risks ; • fiscal policies that enhance the Government’s fiscal position and are consistent with a reasonable degree of stability and predictability ; and • policy decisions which are constructive, maintain the integrity of the tax system and have a positive impact on future generations. Mr. Speaker, actions taken in this regard have already had a pos itive impact on Bermuda’s economic and fiscal position, as previously highlighted. Our pr ogram me has been positively assessed by key credit rating agencies, with Bermuda’s debt being given so lid credit ratings and its economic outlook being determined to be stable. The Fiscal Responsibility Panel has also commented favourably on many of the crit ical initiatives that the Government is undertaking to address identified challenges and prepare for the f uture. The Gover nment remains committed to contin uing strategic implementation of a well -considered and sound fiscal and economic plan. Mr. Speaker, the key factors which therefore must be considered in the framing and composition of the 2023/24 Budget are as follows: • Government’s [2020] General Election Campaign Platform and the 2022 Throne Speech, to ensure that the commitments made are appropriately met ; • relevant economic considerations , whether globally, in relation to our major trading partner or [in relation to] the economic realities that exist with in the Bermuda context ; • taxation sensitivities —recognising that international business is a key contributor to tax revenue, consideration has to be given to the potential competitive impact of decisions being made on this sector ; • the need for continued fiscal discipline to further reduce deficits on the path toward a balanced budget in Fiscal Year 2024/25 and u ltimate reduction in debt levels; 152 9 December 2022 Official Hansard Report
Bermuda House of Assembly • the requirements for continued investment and support for the initiatives within Berm uda’s Economic Recovery Plan; • continued effective use of zero- based budgeting and the use of public value assessment outputs to enhance efficiency and cost - effective utilisation of resources; • the appropriate evaluation of the highlighted risks and implementation of the recommendations from the 2022 R eport of the Fiscal R esponsibility Panel, whose role and work have already been addressed in this S tatement. In this regard, consideration will also be given to the recommendations made by the 2018 Tax Reform Commission; and finally, • feedback from the Pre- Budget Report consultation. Mr. Speaker, before providing a brief outline of key proposals for tax reform contained in the PreBudget Report, I think it would be appropriate to high-light certain key economic considerations which are relevant in the Bermuda context. In particular, I would note that global growth is projected to remain unchanged at 3.2 per cent in 2022 and to decline to 2.7 per cent in 2023. This is the weakest growth profile since 2001 with the exception of the global financial crisis and the recent COVID -19 pandemic. The main factors affecting the [global] economy include Russia’s invasion of Ukraine, the highest global inflation in 40 years, the lingering effects of the COVID -19 pandemic and the economic slowdown in China. The US economy has been affected less than most countries by the Russia/Ukraine conflict but is being particularly impacted by surging levels of infl ation and tightening fiscal and monetary conditions, which are expected to continue to slow spending across the economy. Real GDP in the United States is anticipated to grow by 1.8 per cent in 2022, by 0.5 per cent in 2023 and by 1.0 per cent in 2024. Notwit hstanding the positive steps being taken to stimulate growth in the Bermuda economy, as the United States is Bermuda’s largest trading partner and the source of most visitors to the Island, the United States’ econom-ic performance will impact the pace of Bermuda’s economic recovery. Mr. Speaker, having given consideration t o all of the factors noted previously, specific key proposals are presented for consideration and feedback in the Pre-Budget Report. Mr. Speaker, these include changes to the payroll tax framework in relation to both employer and employee tax rates. The pr oposals for changes to employee [payroll] taxes include changes to rates to reduce payroll taxes for lower - and middle- income workers. It is proposed to exempt the first $48,000 of labour income for all workers from payroll tax. This proposed change will r emove 30 per cent of the workforce from being liable for paying pa yroll tax while providing relief to those workers who are most affected by reduced purchasing power due to the high global inflation. To compensate for lost rev enue, the next three tax bands are proposed to be adjusted upward. The result of these proposed rates will see all persons earning under $105,000 annually pa ying less in payroll tax compared to the prior year. Mr. Speaker, the Pre- Budget Report also pr oposed a reduction of employer payroll tax for small and medium -sized businesses with payrolls under $1 million; and reductions for hotels, restaurants and r etail stores. Further, the Pre- Budget Report proposes the elimination of employer payroll tax for farmers and fishermen; educationa l, sport and science institutions; and small businesses with an annual payroll of less than $200,000. Mr. Speaker, additionally, in a sens itive and considered way, proposals have been made for limited increases in taxation, which can have a meaningful posi tive impact on revenues without compromising Bermuda’s competitive position or materially reducing spending and investment. It has been highlighted in the report that Government does not intend to continue with the extension of pandemic - related payroll tax concessions which were put in place to assist businesses during the pandemic. Mr. Speaker, we have also appropriately taken into account the recommendations of the 2018 Tax Reform Commission, with new withholding taxes b eing proposed on managed services and dividends for local companies. In addition, amendments to the framework for company fees are included for consi deration. The report also includes a number of pr oposals that have been suggested by key business and union stakeholders in the Bermuda comm unity. Mr. Speaker, the Pre- Budget Report is an i mportant document that promotes transparency in the budget process, reinforces accountability and allows for effective collaboration on matters that will have a significant impact on individuals and businesses in the community. It is hoped that feedback will be provided to strengthen and undergird the robust approach this Government takes to economic, fiscal and financial management. Mr. Speaker, as we have stated on many occasions, this Government is com mitted to taking care of its people while ensuring its fiscal and economic policies contribute to sustained growth and stability. Our track record has been positively assessed, and we remain committed to a path that will ensure a bright future for generati ons to come. Thank you, Mr. Speaker. [Hon. Derrick Burgess, Deputy Speaker, in the Chair]
The Deputy SpeakerDeputy SpeakerThank you, Honourable Premier. The next Ministerial Statement on the Berm uda Police Service Recruitment is by the Honourable Michael Weeks. Minister. Bermuda House of Assembly BERMUDA POLICE SERVICE RECRUITMENT Hon. Michael A. Weeks: Thank you, Mr. Deputy Speaker, and good morning. Good morning to you, colleagues and those in …
Thank you, Honourable Premier. The next Ministerial Statement on the Berm uda Police Service Recruitment is by the Honourable Michael Weeks. Minister.
Bermuda House of Assembly BERMUDA POLICE SERVICE RECRUITMENT
Hon. Michael A. Weeks: Thank you, Mr. Deputy Speaker, and good morning. Good morning to you, colleagues and those in the listening public. Mr. Deputy Speaker, the shadow of community violence is heavy over t he Island today as another family mourns the loss of young life. The sound of gunshots shattered the peace of a Paget neighbourhood in this season of goodwill, and in the wake of this terrible incident of violence we must again seek to comfort a family who today have more questions than answers. The support we are providing from the Mi nistry of National Security will be strengthened by this House and the community, keeping this family as the focus of our compassion at this incredibly difficult time. Mr. D eputy Speaker, Honourable Members and the public will recall that in a Statement to this Honourable House on July the 15 th, the Premier and Minister of Finance advised that Cabinet would shortly thereafter “be invited to approve further measures which will be directed to meeting the staffing shortages in key areas like the Bermuda Police Service . . .” Mr. Deputy Speaker, that Statement was made in support of the economic relief package provided to assist Bermudians in this period of economic challenges and included duty relief, additional funding for Financial Assistance and school support for parents. Mr. Deputy Speaker, concurrent with this ec onomic relie f, the Government has determined that fi scal prudence, community safety and staff well -being will be enhanced by providing funding to swell the depleted ranks of specific uniformed services, including the Bermuda Police Service. Therefore, Mr. Deputy Speak er, I am pleased to advise this Honourable House and the public that, as indicated by the Premier and Minister of Finance in July, Cabinet has approved almost $2 million in additional funding to the Bermuda Police Service. The amount of $499,000 will be al located immediately in this fiscal year, and a further $1.49 million will follow in the next fiscal year. This additional funding will allow the police to recruit 20 additional officers. Mr. Deputy Speaker, this additional funding complements an existing operational budget allocation approved by this Honourable House of $62,158,000, an increase from financial year [2021/22]; a capital allocation of $300,000 for vehicles; and a further $1,037,000 for a new Island- wide CCTV system. Mr. Deputy Speaker, Honourable Members will be aware of the concerns often expressed by our constituents who desire police visibility in residential areas, providing overt support to communities. I can confirm that through this additional funding, the police will provide an addi tional five officers dedicated to the parish officer function. These locally recruited officers will be embedded in and work with the community. Community officers provide a deterrent to further crime, improve public safety and further enhance public confidence. Mr. Deputy Speaker, the balance of 15 offi cers will enable the service to increase the number of serious crime investigators, as well as the number of authorised firearm officers. These are specialist areas of the service in which highly trained officers are developed over time and in which we need ample support to respond effectively to emergency calls and i nvestigate crime properly leading to the gathering of evidence that will support prosecutions and bring jus-tice to the victims of crime. Mr. Deputy Speaker, the reduced numbers of officers in the Bermuda Police Service is having a marked effect on the ability of the Bermuda Police Service to respond to crimes and bring persons who commit crimes to justice. Since 2006, Mr. Deputy Speaker, there have been 92 murders, with 31 [cases] open and under investigation, meaning that no one has yet been charged. Additionally, there have been 171 attempted murders between January 2009 and June 2022, with 127 open and under investigation. The impact of these unsolved serious crimes is that there are as many as 157 criminals who have used firearms to either kill or attempt to kill another person and have not yet faced justice. Bringing those persons to justice will have a dramatic positive impact on the comm unity’s safety. As the public see more and more criminals brought to justice, their confidence in the police will increase, and that will in turn lead to more crimes being solved as they become more e mboldened to assist the police. Mr. Deputy Speaker, whilst the Bermuda P olice Service has aligned all available resources to front-line operational policing posts, an increase in the numbers of police officers is required to meet the extraordinary demand. Currently, the Serious Crimes Unit has three sergeants and seven constables. This is grossly insufficient to meet the demand and means that active murder investigations quickly transition to cold cases as new murders occur and need to be r esourced. Further, attempted murder cases are deprioritised to maintai n resources in cases where a death has occurred. Mr. Deputy Speaker, this recruitment will r equire the Bermuda Police Service to advertise both locally and overseas. Considering the immediate qualifications and experience required for some of the posts, overseas officers will be among those recruited. I have emphasised to the commissioner, and I am confident in his full support of the Government’s pos ition, that we must cultivate and train local officers concurrent with the engagement of any overseas ta lent. The sustainability of the service depends on an unwavering commitment to training those Bermudian Police Officers who are prepared to join these specialist areas. It is also important to note, Mr. Deputy Speaker, the provision of this additional fundin g 154 9 December 2022 Official Hansard Report
Bermuda House of Assembly comes with strict accountability. The people of Bermuda are investing in these services, and this r ecruitment must be managed such that it has direct and positive impact on their safety and security. The Mini stry of National Security will hold the Bermuda Police Service to account for the expenditure of these additional funds in keeping with our mandate contained in the 2020 General Election Platform, “to bring lasting calm to Bermuda’s communities.” Mr. Deputy Speaker, this recruitment effort will provide a measure of additional safety in the comm unity and serve to reduce the overtime commitment of officers who have been on the frontline of law e nforcement in some cases for several years. Mr. Deputy Speaker, various platforms have featured recent disc ussions about the challenges of recruitment in the uniformed services and in particular the Bermuda Police Service, the Department of Corrections, the Bermuda Fire & Rescue Service, the Royal Bermuda Regiment and the Department of Customs. It is perhaps a unique feature of Bermudian life that, despite the current economic climate, the services struggle to attract suitable Bermudians. What is clear is that we are competing with other employers including international business. In some ways that is a good thi ng, as Bermudians have options for their career choices. But the vital work of border protection, policing, firefighting, patrolling our inshore waters and inmate rehabilitation must continue. Mr. Deputy Speaker, in my short time in this Ministry I have v isited the various departments and had the pleasure of meeting with the women and men of the services. Their level of professionalism and love of their job has been inspiring, and it gives me comfort to know that they are there and providing excellent public service. Mr. Deputy Speaker, law enforcement has a role to play in the fight against community violence, but the ownership of the problems does not rest solely with the men and women in uniform. Community vi olence is a community issue and will be solved with a community solution. We cannot say in one breath that we proudly hail from a certain community while secret-ly protecting and supporting the perpetrators of the very activities that undermine the fabric of the areas we call home. There must be hones ty in our actions and words so that there is no safe space for the commission of crime and no assurance to criminals that their actions will go unpunished. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Minister Weeks. The next Ministerial Statement is the Intelle ctual Property Updated Legislative Framework by Mi nister Campbell. Minister Campbell, you have the floor. INTELLECTUAL PROPERTY UPDATED LEGISLATIVE FRAMEWORK Hon. Vance Campbell: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, today I would like to pr ovide this …
Thank you, Minister Weeks. The next Ministerial Statement is the Intelle ctual Property Updated Legislative Framework by Mi nister Campbell. Minister Campbell, you have the floor. INTELLECTUAL PROPERTY UPDATED LEGISLATIVE FRAMEWORK
Hon. Vance Campbell: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, today I would like to pr ovide this Honourable House with an update on the progress we are making toward updating the intelle ctual property [IP] legislation for Bermuda. Members of this Honourable House will be aware that modernis ation of the legislative framework governing intellectual property rights was featured in the 2022 Throne Speech. Mr. Deputy Speaker, this Government has embarked on the enorm ous undertaking to update the country’s legislation governing trade marks, patents, registered designs and copyrights to be more fully aligned with global standards and best practices. This initiative will be achieved through the collaborative efforts of t he Ministry for Tourism and the Cabinet O ffice, the Ministry of Home Affairs (more specifically, the Department of Registry General), and the Ministry of Economy and Labour (through the Economic D evelopment Department). Mr. Deputy Speaker, industry pract itioners have for years petitioned for an updated IP legislative framework, particularly following the advent of FinTech legislation and economic substance requir ements in Bermuda. In response to more recent r equests, an Intellectual Property Task Force was e mpanelled by this Government, and a report of recom-mended actions was produced which outlined the need to update the suite of intellectual property legi slation. Mr. Deputy Speaker, consistent with the recommendations of the task force, overhauls of both the Trade Marks Act 1974 and the Patents and Designs Act 1930 are currently in progress. Updates to the Copyrights and Designs Act 2004 will also be com-pleted. The updated suite of laws and regulations will generally be modelled after the United Kingdom ’s legislation to ensure that the framework is appropriately positioned to meet international standards. In connection with this initiative, the Bermuda Government i ntends to submit to the United Kingdom Government formal requests for extension of several treaties go verning the protection of intellectual property rights. The project team is coordinating with the UK Intellectual Property Office [UK IPO] on this initiative and will be submitting copies of the draft legislation to the UK IPO for review and com ment as appropriate. Mr. Deputy Speaker, modernisation of the trade marks legislation is entering the final stages of the drafting process. It is anticipated that a new pri ncipal Act and regulations will, in due course, be tabled before this Honourable H ouse to replace the existing legislation governing trade marks in Bermuda. The draft legislation has been reviewed by the necessary government departments and will soon be reviewed
Bermuda House of Assembly by industry practitioners prior to a final consultative review by the UK IP O. Mr. Deputy Speaker, the proposed new trade marks legislation will 1) update a regime that was originally enacted nearly 50 years ago to one that reflects an updated approach to drafting, modern processes and industry best practices; 2) transition Bermuda’s trade mark registration and renewal periods to 10 -year terms, which is consistent with standard global practice; 3) provide more clarity and legal certainty as to the rights and obligations of persons with an interest in registered trade marks; and 4) position B ermuda to be eligible for particip ation in international treaties and to become a jurisdiction through which international registrations can be effected. Likewise, Mr. Deputy Speaker, using the current UK legislation as a model for Bermuda’s updated framew ork will enable more effective use of UK case law and practical guidance materials to assist in the administration of the trade marks regime. Mr. Deputy Speaker, an overhaul of the legi slation governing patents and registered designs is also long overdue since the current legislation was enacted almost a century ago. While that legislation has been updated at various points throughout the years, no substantive amendments have been made to the primary Act for nearly 50 years. Work on modernising the patent legislation has already begun, and that project will follow a sim ilar course as that taken for the trade marks legislation. However, Mr. Deputy Speaker, consistent with the current approach in the UK and many other jurisdi ctions, it is anticipated that t he new framework gover ning patents and registered designs will be separated into two primary Acts instead of the current consol idated approach. This will enable a more nuanced ap-proach for governing rights associated with patents and registered designs and will provide a better foundation for alignment with global best practices and international treaty requirements. Finally, Mr. Deputy Speaker, updates will be made to the copyright legislation to enable voluntary registration of copyright ownership. Altho ugh the Copyrights and Designs Act 2004 was enacted more r ecently than other IP legislation, updates are needed to enhance the regime to account for modernised practices. While copyright protection arises without the need for registration, allowing persons to voluntarily register their copyright ownership will create a public record of the copyright claim, thereby putting others on notice of it. In jurisdictions such as the United States, copyright registration is a prerequisite to filing a claim of copyrig ht infringement. Mr. Deputy Speaker, the additional transparency resulting from public registration of copyright ownership will not only facilitate greater protection against infringement, but it can also facilitate comme rcial transactions by making it easier for third parties who wish to license a work to reach the appropriate person. Likewise, the Government will benefit from additional revenues generated by voluntary registr ation and ancillary services. Mr. Deputy Speaker, at the completion of these legislative updates, Bermuda will be well placed to attract more companies to register their intellectual property rights here. Increased registrations from global market participants, increased government rev-enues, updated and more efficient administrativ e practices and processes, and access to well - established case law in the United Kingdom are all benefits that are anticipated to result from this modernisation initiative. Mr. Deputy Speaker, Bermuda must keep pace with jurisdictional competitors, globa l market demands and industry best practices. As we are all well aware, innovation and the protection of intellect ual property are vital to the growth and sustainability of any modern society. Updating the legislation will si gnificantly enhance our intellectual property framework, thereby enabling it to serve as an attractive and useful foundation for the protection of intellectual property. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Minister Campbell. The next Ministerial Statement is about the Human Rights Day 2022, by the Honourable Minister Tinee Furbert. HUMAN RIGHTS DAY 2022 Hon. Tinee Furbert: Good morning, Mr. Deputy Speaker. Mr. Deputy Speaker, this morning I rise to remind Members of this Honourable House that t omorrow, …
Thank you, Minister Campbell. The next Ministerial Statement is about the Human Rights Day 2022, by the Honourable Minister Tinee Furbert.
HUMAN RIGHTS DAY 2022 Hon. Tinee Furbert: Good morning, Mr. Deputy Speaker. Mr. Deputy Speaker, this morning I rise to remind Members of this Honourable House that t omorrow, December the 10 th, will be celebrated globally as Human Rights Day 2022 . As Minister responsible for Human Rights in Bermuda, it is a privilege to share with m y honourable colleagues the activities that have been undertaken and those that will be implemented in support of recognising this important day. Mr. Deputy Speaker, as a historical backdrop, in 1948 the United Nations General Assembly adopt-ed the Univer sal Declaration of Human Rights (UDHR) in a response to the “barbarous acts which […] outraged the conscience of mankind” during the Second World War. The adoption of the Universal Declaration of Human Rights recognised human rights to be the foundation for freedom, justice and peace, and set out a broad range of fundamental human rights and freedoms that belong to all of us. Such freedoms include, but are not limited to, the right to freedom of expression; the right to education; rights to life, liberty an d privacy; and the right to social security. Mr. Deputy Speaker, although the Universal Declaration of Human Rights is not a binding doc u156 9 December 2022 Official Hansard Report
Bermuda House of Assembly ment, it has been the inspiration for more than 60 human rights instruments including Bermuda’s Human Rights Act 1981 , which together constitute an international standard of human rights. The Human Rights Act 1981 received assent on the 7 th of July 1981, and was brought into operation on the 21st day of May 1982. Over the years the Human Rights Act has been amended to en hance our human rights and provide further protections to our residents comprising women and girls, children, homeless individuals, and vulner able groups such as persons with disabilities. Mr. Deputy Speaker, Human Rights Day 2022 is a day to celebrate t he achievements of those who have fought for and protected human rights. Human Rights Day inspires others to speak up and take action to end discrimination in all forms. It is also a day of reflection on the future so that a plan moving for-ward can be developed of what needs to be done to make society fairer for everyone. This year the theme for Human Rights Day is Dignity, Freedom, and Jus-tice for All . [Also,] this year marks the launch of a year-long campaign to promote and recognise the 75 th anniversary of the Universal Declaration of Human Rights, which will be celebrated in 2023. Mr. Deputy Speaker, the Human Rights Commission, as the National Human Rights Institution (NHRI) for Bermuda, plays a crucial role in promoting and monitoring the effective im plementation of international human rights standards at the national level. The commission also monitors the Government’s commitment to human rights and consults the Go vernment in this regard. Mr. Deputy Speaker, I take this opportunity to inform my hono urable colleagues and the general public about some of the activities that the Human Rights Commission has been involved in during this year, which include the following: 1. On March the 7 th, 2022, the Commission gained membership to the Commonwealth Forum of National Human Rights Institutions (CFNHRI). This Commonwealth Forum is a member -led network of human rights institutions, ombudsmen and public defenders. Members protect, promote and advance human rights in their respective countries from within the Americas and Europe, to Africa, Asia and the Pacific. The community of the Commonwealth Forum of N ational Human Rights Institutions promotes shared expertise and collaboration to ensure a Commonwealth in which the rights of all citizens are respected, pr otected and enjoyed. 2. In June 2022, the Human Rights Commi ssion engaged with the United Nations Group, UN Women, and following consultation with their organisation, they prepared a report for the Government’s consideration about the United Nations’ proposed partnership to support the UN Sustainable Development Goals initiative and assessment of innovative financing for gender equality. 3. Lastly, during this year the Selection and Appointment Committee of the Human Rights Com-mission successfully appointed a panel of members to the Human Rights Tribunal to adjudicate human rights complaints. The tribunal has met and are currently in the process of assigning members to panels. I extend congratulations to the Human Rights Commission on its achievement of becoming a me mber of the Commonwealth Forum of National Human Rights Institutions. Mr. Deputy Speaker, in keeping with the spirit of Human Rights Day 2022, the commission will cel ebrate Human Rights Day with the Bermuda Society of Arts and [the] Warwick Academy ’s student club, “The Human Rights Project.” The commemorative art exhibit invited submissions in support of Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.” The opening ceremony is t oday. However, I encourage my honourable colleagues and the general public to take some time and visit the exhibition, which will remain open for viewing until Tuesday, January the 10 th, 2023, at the Bermuda Society of Arts in the City Hall Arts Centre. Mr. Deputy Speaker, in support of the United Nations’ year -long campaign, the Human Rights Commission will be promoting Human Rights Day 2022 through various mediums such as radio and s ocial media to highlight within our community this year’s theme, “Digni ty, freedom, and justice for all.” Ever yone can contribute to the promotional campaign, whether a corporate or private business, community partners, residents or third sector organisations, we all can work together collectively or individually. Mr. Deput y Speaker, in closing, Human Rights Day 2022 and the year -long campaign can be cel ebrated in many ways, some of which include: viewing online videos or reading books about human rights to promote self -awareness about human rights and human rights violations; hosting a children’s fun and educational activity day with read- aloud sessions that focusses on children’s books about human rights i ssues. This activity would open the minds of our young learners. Mr. Deputy Speaker, this Government r emains committed to advancing the promotion and pr otection of human rights and the fundamental freedoms in Bermuda by ensuring as a country that our laws are aligned with international human rights obligations. On behalf of the Government of Bermuda I wish all residents a Happy Human Rights Day tomorrow, December 10, 2022. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Minister Furbert. The next Statement is the Update on the Ec onomic Recovery Plan by Minister Hayward. Minister Hayward, you have the floor. Bermuda House of Assembly Hon. Jason Hayward: Good morning, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerGood morning. ECONOMIC RECOVERY PLAN UPDATE Hon. Jason Hayward: Mr. Speaker, the Economic Recovery Plan [ERP] combines fiscal responsibility with a clear path to growth, employment and greater economic development. The ERP comprises 31 prior ity initiatives focused on seven main themes. It was developed in 2020 in response to …
Good morning.
ECONOMIC RECOVERY PLAN UPDATE
Hon. Jason Hayward: Mr. Speaker, the Economic Recovery Plan [ERP] combines fiscal responsibility with a clear path to growth, employment and greater economic development. The ERP comprises 31 prior ity initiatives focused on seven main themes. It was developed in 2020 in response to the impact of the COVID -19 pandemic. Phase 3, implementation of the ERP, commenced in March 2021. A dedicated Project Management Office [PMO] was established in June 2022 to ensure successful implementation of all of the initiatives under the ERP, working to monitor, track, report and lend assistance where required. Mr. Deputy Speaker, international benc hmarks suggest that successful implementation of the ERP priority initiatives should deliver 1.3 [per cent] to 1.5 per cent per annum above baseline economi c growth [for] 2023, leading to an improvement in Bermuda’s fiscal position. In 2020, Bermuda’s economy was predicted to contract by 8.5 per cent; however, the economic contraction was limited to 6.9 per cent. In 2021, Bermuda’s economic growth exceeded th e predicted 3.5 per cent, and real economic recovery was measured at 5.4 per cent. Bermuda’s economy has continued to expand in 2022, and the Ministry of Finance is predicting annual growth between 2.5 [per cent] and 4.5 per cent for 2022, leading to full prepandemic economic recovery. Mr. Deputy Speaker, the ERP policy initiatives are advancing well with 80 per cent of the 31 initi atives on track, with some of the initiatives having a lready demonstrated positive results. The public can view the ERP updates at www.gov.bm/economicrecovery where they are listed under the seven main themes. Mr. Deputy Speaker, I will now highlight the progress made on several initiatives under the main themes. Under Theme 1: Economic Diversification , the launch of Bermuda’s casino industry is advancing with the Bermuda Gaming Commission having recently granted a licence to Hotelco Bermuda Holding Ltd. operating as St. Regis Bermuda Resort. The Depar tment of Workforce Devel opment is working with stakeholders to establish training programmes and development opportunities for Bermudians in the c asino industry. Additionally, the legislative framework to establish Bermuda’s Sub- Sea Communications Sector is complete. The Regulatory Authority has posted the application and the requirements on its website, and the Business Development Agency is promoting the availability of submarine communication cable licences. Mr. Deputy Speaker, under Theme 2: Financial Markets , the Government recently announced a Partial Guarantee Mortgage Programme with the Bermuda Commercial Bank to assist with home ow nership for over 250 Bermudians. Under the pr ogramme, reduced interest rates start at 5 per cent, and the standard down payment is halved from 20 per cent to 10 per cent. Also under Financial Markets, the BEDC COVID -19 Support Programme has successfully deployed $6.1 million in loans, grants and guara ntees to small and medium -sized businesses that demonstrated strong business plans and long- term viability in the post -pandemic economy. Mr. Deputy Speaker, under Theme 3: Infr astructure Investment , significant progress has been made with trenching works for potable water and wastewater lines in St. George’s and Southside. Twenty -two million dollar s has been approved for r efurbishment works at the Tynes Bay Waste to Energy Facility to ensure continued safe and reliable waste management. The Shoreside Fish Processing Facility is in advanced stages of planning and consultation. The Bermuda Housing Cor poration’s Residential Building Programme is adding 77 units to the stock of affordable housing with 12 projects underway. And $4.5 million has been invested in the construction of electric bus charging facilities at the Dockyard, St. George’s, and Fort Langton bus depots in support of the fleet electrification programme. Mr. Deputy Speaker, under Theme 4: Expanding the Resident Population, the Economic Investment Certificate (EIC) has exceeded expectations. A total of 27 applications have been approved r epresenting 71 individuals and a total $369 million invested. Extension of the Temporary (one- year) Residency Certif icate has seen 1,139 applications approved with 163 extensions granted. There have been 170 applications received for Permanent Residency Certificates under the January 2022 Amendment to section 31 of the Bermuda Immigration and Protection Act [1956]. Add itionally, the repatriation and mixed- status families Amendment to the Bermuda Immigration and Protection Act 1956 has resulted in 188 applic ations for permanent residency certificates and Bermudian st atus. Mr. Deputy Speaker, under Theme 5: Labour Market and Social Development Measures , the Mini stry of Economy and Labour has published a position paper entitled Establishing a Minimum Wage in Be rmuda. The paper outlines what a minimum wage is, why it is necessary for Bermuda and the proposed minimum wage rate of $16.40 to come into force on the 1 st of June 2023. Both the National Reemployment (Jobs) Strategy and Youth Employment Strategy are currently being implemented. A hospitality recruitment drive is planned for Wednesday, 14 December 2022, from 10:00 am to 4:00 pm at the Hamilton Princess. Meanwhile, the third cohort of the Graduate Trainee programme commenced in November. This is a 10158 9 December 2022 Official Hansard Report
Bermuda House of Assembly week paid internship opportunity for 15 recent college and university graduates. Mr. Deputy Speaker, under Theme 6: Health Care, to reduce medicine cost, the Pharmacy and Health Care Committee is scheduled to conduct the initial phase of drug price reduction regulations in January 2023. And Universal Health Coverage (UHC) is advancing with five priority projects: National Digital Health Strategy, Agree Our Starting Points, Integrated Care Pathways, Develop Pan -System Governance and Merge Government Insurance Funds. Mr. Deputy Speaker, under Theme 7: Regul atory Framework , the Energy Regulatory Sandbox has been established under the Electricity Amendment Act 2022 and has already begun to garner interest. Add itionally, the draft Blue Prosperity Plan has been published with consultation ongoing. Mr. Deputy Speaker, I have briefly highlighted some of the progress and successes achieved to date under the Economic Recovery Plan as this Gover nment works to ensure that Bermuda not only recovers from the pandemic, but continues to thrive with fiscal responsibility, economic growth, employment and greater economic equity. Thank you, Mr. Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Minister. You have another Statement on the Financial Assistance Annual Report. DEPARTMENT OF FINANCIAL ASSISTANCE ANNUAL REPORT 2021/22 Hon. Jason Hayward: Mr. Speaker, this morning I rise to lay the 2021/22 Annual Report of the Depar tment of F inancial Assistance [DFA] as prescribed by the Financial Assistance …
Thank you, Minister. You have another Statement on the Financial Assistance Annual Report.
DEPARTMENT OF FINANCIAL ASSISTANCE ANNUAL REPORT 2021/22 Hon. Jason Hayward: Mr. Speaker, this morning I rise to lay the 2021/22 Annual Report of the Depar tment of F inancial Assistance [DFA] as prescribed by the Financial Assistance Act 2001. Mr. Deputy Speaker, the Annual Report highlights some significant results achieved during this reporting period, which include: (a) reduction in recoverable debt; (b) increased number of clients as a r esult of COVID -19 particularly in the able- bodied cat egory; (c) reduction in the number of child day -care recipients as a result of the introduction of the Bright Start Programme; (d) reduction in the number of appeals to the DFA Review Board; (e) enhanced monitoring and control of expenditure; (f) improved go vernance and management of client case files; (g) con-tinued activities to advance Financial Assistance r eform initiatives; and (h) administrative maintenance of the supplement ary unemployment benefit fund. Mr. Deputy Speaker, the report illustrates a five-year performance trend for the Department of F inancial Assistance. It remains that the categories from the highest participants to the lowest remain pensio ners, disabled, earnings -low and abled- bodied unemployed year on year. For fiscal year 2021/22, the a verage number of recipients of Financial Assistance [services] totalled 2,226, an increase from the average of 2,184 recorded in the prior year. The recipient categories are 1,036 pensioners and seniors; 776 persons with disabilities; 210 persons with low earnings; and 204 able- bodied unemployed. The monthly average number of children that comprised the Child Day Care Allowance programme in 2021/22 was 132, compared to 145 fr om the prior reporting period. The decrease was mainly attributed to the commencement of the Bright Start programme commissioned by the Ministry of Education. Mr. Deputy Speaker, actual programme expenditure for grants directly to support FA [Financial Assistance] recipients totalled $47.6 million. The hig hest expenditures are rent, nursing homes, food and insurance. Spending remained consistent with the prior fiscal year, while persons -on-assistance numbers increased. An increase in persons on assistance continued as a result of COVID -19, and the main categories impacted by the pandemic were able- bodied unemployed and low -earnings persons. The average FA cost of an able- bodied unemployed or earnings - low person is lower than the average FA cost of a pensioner or person with disabilities, thus an i ncreased number of recipients does not necessarily equate to an increase in spending. Mr. Deputy Speaker, the Supplementary U nemployment Benefit Fund was introduced in September [2020] and was extended in 2021. T his funding was created to provide some assistance to Bermudi-ans who continued to struggle with unemployment challenges as a direct result of the pandemic. With the implementation of this funding, the department was appointed to carry out a rigorous vettin g process to minimise fraud and to deter dishonesty. The Ministry of Finance was responsible for the issuance of pa yments after receipt of the recommended list from the Department of Financial Assistance. As of March 2022, there were 58 persons who remained eligible for receipt of the Supplemental Unemployment Benefit. The total cost of the benefit from its inception to March 2022 was approximately $2,541,000. Mr. Deputy Speaker, work continues in earnest to improve good governance by sustaining monthly c ompliance activities, with specific focus on the use of data analytics to aid in compliance with F inancial Instructions, the Financial Assistance Act and Regulations, and the Child Day Care Allowance Act and Regulations. This allows the department to effectively demonstrate proficiency in consistently providing services that meet customer and regulatory requir ements while demonstrating continuous improvement and minimising risk. Mr. Deputy Speaker, during the period 2021/22, transaction monitoring was per formed on 88,933 line transactions. The Department of Financial Assistance team continue to make strides on trans-forming service delivery so as to ensure the customer experiences professional and high- level conveyance of assistance. During the reporting period, the team
Bermuda House of Assembly participated in the Bermuda Government’s Service Standards training to further improve their skills in this discipline. This has led to a decrease in the number of complaints lodged with the Ombudsman’s Office and reduced the number of appea ls referred to the Fina ncial Assistance Advisory Board. Mr. Deputy Speaker, the report provides i nformation that demonstrates ongoing work being performed to maintain fiscal responsibility by enhancing the monitoring of expenditures and reducing the risk of fraud. Stringent procedures are constantly being reviewed to ensure that the investigative officers ut ilise compliance guidelines in addition to the services of the Attorney General’s Chambers to standardise payment agreements in order to reduce receiv ables. Mr. Deputy Speaker, phase 1 of Financial A ssistance reform began in earnest during this period. Drafting instructions were completed and submitted in accordance with the legislative process. The Financial Assistance Amendment Act 2021 was passed in the House of Assembly in September 2021. Following assent of this Act, it was rea lised that further changes were required, and to that end it is intended that phase 2 of the reform will address these changes. Additionally, future initiatives outlined in t he 2022/23 Throne Speech will be incorporated in the next phase. Mr. Deputy Speaker, the Ministry would like to take this opportunity to thank the Department of F inancial Assistance team together with all other par tners who collaborated to support the work that is b eing carried out. These efforts will ensure that Berm udians gain access to services that will assist them in maintaining a respectable standard of living. It is the goal of this Ministry to go a step further to position Bermudians to achieve gainful and respectful employment opportunities. Initiatives will continue in earnest by utilising services provided by the Department of Workforce Development to enable recipients to be better positioned for employment opportunities in the local workforce. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Minister Hayward. The next Ministerial Statement is the Bermuda Housing Corporation 2022 Housing Update by the Honourable Lt. Col. David Burch. BERMUDA HOUSING CORPORATION 2022 HOUSING UPDATE
Lt. Col. Hon. David A. BurchThank you, Mr. Deputy Speaker. Mr. Deputy Speaker, as articulated in both its 2017 and 2020 General Election manifestos, this Government vowed to ensure more affordable hous-ing would be available for seniors and families; c ontinue to increase the stock of affordable housing throughout the country and expand rent -geared- …
Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, as articulated in both its 2017 and 2020 General Election manifestos, this Government vowed to ensure more affordable hous-ing would be available for seniors and families; c ontinue to increase the stock of affordable housing throughout the country and expand rent -geared- to-income programmes. Mr. Deputy Speaker, I rise today for the purpose of providing proof that this Gover nment stands by its housing commitments through the Bermuda Housing Corporation [BHC]. But before that, Mr. Deputy Speaker, I must provide some background to this Honourable House. Mr. Deputy Speaker, you may recall the 2012 Election Platform of the One Bermuda Alliance in which it was promised that they would “Support the expansion of affordable assisted- living programmes for our ageing senior population . . . [and] Explore rent-to-buy options for younger people to get them on the housing ladder.” So, neither of these two promises were kept, thus leaving a huge demand for housing when we returned to Government in 2017. Mr. Deputy Speaker, routinely (including prior to 2012), the BHC has had a waiting list of individuals and families seeking affordable housing or attempting to utilise other BHC programmes that assist persons to purchase properties. However, Mr. Deputy Speaker, this is why this Administration made the 2017 and 2020 election pledges, because th e numbers pr oduced were not enough to support Bermudians to fundamentally accomplish the reality of a rental unit or home ownership. Therefore, as mentioned, this Government stands by its commitments, and through the Bermuda Housing Corporation I am pleased to share the following facts: 1. Mr. Deputy Speaker, between 2018 and 2022, this Government has supported the BHC in adding 48 new units that will be or are currently being utilised to either (1) provide affordably priced housing to Bermudians through the rent -geared- to-incomebased scheme which is capped at 35 per cent (25 per cent rent and 10 per cent savings) of their total household income; or (2) provide affordable properties for first -time homeowners. 2. Mr. Deputy Speaker, between January and Novem ber of this year, the BHC added 18 additional rental units to their housing stock. 3. And, Mr. Deputy Speaker, between January and November of this year, the BHC successfully housed an additional 42 families, bringing the total number of families housed under the BHC to 578. But still, Mr. Deputy Speaker, that is not enough— 100-plus families on a waiting list, and many of them are fully employed looking for affordability. This is why we have been pushing since 2017, even in these hard economic times, to be able to do som ething dramatic to address the problem. Mr. Deputy Speaker, I invite you and fellow Honourable Members to recall that on the 7 th of Oct ober of this year, I announced the Bermuda Housing Corporation Residential Rental Unit Renovation Pr ogram me, which will see the refurbishment of 137 older housing units, inclusive of 77 additional new units, become available in the medium term at the cost of $21 million. These 77 units are the entire vacant and derelict inventory owned by the Housing Corporat ion. 160 9 December 2022 Official Hansard Report
Bermuda House of Assembly Another sign of the effects of a lack of funding is the inability to maintain the current housing stock. In addition to this programme, the BHC will see an additional 18 rental units available for use by July 2023 through other ongoing programmes such as the Economic Stimulus Programme and the BHC maintenance pr ogramme. Mr. Deputy Speaker, there is no denying that Bermuda has an extremely high cost of living, and this Government is doing everything in our power to address this issue in the long term. But in the immediate, what we can do is to reduce the cost of housing for families. Now, this is not all the work the Housing Corporation undertakes. There are the rooming houses for men and women that are managed, the rental i nspections carried out of t he 578 owned units, the work at the Salvation Army complex, the various ongoing renovation and maintenance projects, and the interaction with clients and potential clients. Mr. Deputy Speaker, we will not cease in our efforts to address the housing needs of Bermudians through the prov ision of affordable and appropriate housing initiatives. We will continue to devise creative ways to meet this commitment and will not stop until the problem is r esolved. Mr. Deputy Speaker, I am impressed with the commitment of all of the players in this initiative, but particularly the determination of the board to provide proper and focused guidance to management. Mr. Deputy Speaker, I would like to publicly thank the Bermuda Housing Corporation Board, ably led by our own M P Christopher Famous, and management and staff for the tremendous job they do to further deliver on the BHC mandate of providing affordable housing for Bermudians. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Lieutenant Colonel. You have another Statement, Update on the Gover nment Solar Project.
The Deputy SpeakerDeputy SpeakerContinue. GOVERNMENT SOLAR PROJECT UPDATE
Lt. Col. Hon. David A. BurchI am pleased to pr ovide an update to this Honourable House on the pr ogress of the Solar Panel Installation Project on four government buildings. Mr. Deputy Speaker, in the Government’s 2017 election platform just over five years ago, this Administration pledged to “Take the lead in investing in …
I am pleased to pr ovide an update to this Honourable House on the pr ogress of the Solar Panel Installation Project on four government buildings. Mr. Deputy Speaker, in the Government’s 2017 election platform just over five years ago, this Administration pledged to “Take the lead in investing in the Green Economy by outfitting government buil dings with renewable energy generation technologies, enabling the government to become a net producer of energy.” I can assure this House today —promises made, promises kept . Mr. Deputy Speaker, colleagues may recall in November 2020 I provided this Honourable House with details of the Roof Top Solar PV Systems instal-lation project under the Government’s capi tal expenditure stimulus plan at a cost of $2,880,599. As a reminder, this project encompasses the installation of roof -mounted solar panels on four key government buildings: (1) the General Post Office building; (2) the Government Administration building ; (3) the Department of Public Transportation facility in Devonshire; and (4) the Transport Control Department building. With physical work commencing in 2021, I am pleased to report that the project is advancing apace with the first phase of this project now completed. The General Post Office’s and Government A dministration Buildings’ solar panel systems were commissioned on the 20 th of June 2022. The two building systems are operating together, and solar [power] produced is reported collectively. Mr. Deputy Speaker, since the commissioning of the systems between the months of July and N ovember of this year, they have produced 105,670 ki lowatts of power, resulting in approximately $42,000 worth of savings in electricity costs. This places the system on target to effect annual savings of $100,800 per the projections. Mr. Deputy Speaker, the overall project is on schedule and is set to be completed within the third quarter of 2023. The second phase out of three has now commenced, this being the installation of panels on the Department of Public Transportation facility at Fort Langton. The anticipated commissioning for this phase is April 2023, with the energy that is produced being used to charge the electric buses. In this current climate of supply chain i ssues, extended production times and increasing costs of projects, I am pleased to report that we are on schedule and on budget thus far. But note that these issues may affect both timing and costs as we move forward. Mr. Deputy Speaker, building on the success of this project and in support of the Government’s strategy to utilise alternative energy, the Department of Public Lands and Buildings issued a Request for Proposal (RFP) for the procurement of solar PV sy stems on an additional 30 government build ings on Friday, July 8 , 2022. The submission deadline for pr oposals was October 21 st. The Ministry received 10 responses. Currently, those responses are being evaluated in accordance with the Code of Practice for Project Management and Procurement. Mr. Deputy Speaker, as always, I will keep this House informed of progress. As my honourable colleagues on this side of the aisle have consistently reiterated, this Government delivers on its mandate as promised to the people of Bermuda in reducing the cost of government while also encouraging the use of alternative energy. Higher electric bills equate to highBermuda House of Assembly er operating costs of running the government. Higher cost of government equates to higher taxes —and no one likes higher taxes. Mr. Deputy Speaker, as I ha ve said before, this project was forecasted to reduce the overall cost of utilities, thus alleviating some of the burden on government financials while also endeavouring to reduce our global carbon footprint. This is proof of that achievement, and we will continue on this path to di scover other means of reducing costs. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, the Honourable Lieutenant Colonel David Burch. REPORTS OF COMMITTEES
The Deputy SpeakerDeputy SpeakerThere appear to be none. PREMIER’S Q UESTIONS
The Deputy SpeakerDeputy SpeakerLet me just remind folks that the Opposition Leader can ask three questions and is permitted two follow -ups. All other Members can ask one question and two supplementary questions. The Honourable Opposition Leader, Cole Hedle y Simons. QUESTION 1: NEW HOTEL DEVELOPMENT Hon. N. H. Cole Simons: Thank you, …
Let me just remind folks that the Opposition Leader can ask three questions and is permitted two follow -ups. All other Members can ask one question and two supplementary questions. The Honourable Opposition Leader, Cole Hedle y Simons.
QUESTION 1: NEW HOTEL DEVELOPMENT
Hon. N. H. Cole Simons: Thank you, Mr. Deputy Speaker. Mr. Premier, can you let the Honourable House know what new hotel development does the Government have in its pipeline at this time, that is new hotel dev elopment . . .?
The Deputy SpeakerDeputy SpeakerMr. Premier. Hon. E. David Burt: Thank you, very much, Mr. Deputy Speaker. Mr. Deputy Speaker, I appreciate the question from the Honourable Opposition Leader. The answer to the question of which I will give is that the only a pproved permit for new hotel development at this point in …
Mr. Premier.
Hon. E. David Burt: Thank you, very much, Mr. Deputy Speaker. Mr. Deputy Speaker, I appreciate the question from the Honourable Opposition Leader. The answer to the question of which I will give is that the only a pproved permit for new hotel development at this point in time, completely new hotel development, is the Ariel Sands project which I am sure the Honourable Mem-ber would be familiar with that received Planning approval earlier this year.
The Dep uty Speaker: Mr. Simons. Hon. N. H. Cole Simons: Supplemental.
The Deputy SpeakerDeputy SpeakerMm-mm. SUPPLEMENTARY Hon. N. H. Cole Simons: Can the Premier give an update as to what is transpiring with [the] Elbow Beach Hotel?
The Deputy SpeakerDeputy SpeakerMm-mm. Hon. E . David Burt: Thank you, Mr. Deputy Speaker. I do not have the latest update for that. I know that the Minister responsible for Tourism is handling matters related to that and I do believe the Economic Development Committee is set to m eet later this mont …
Mm-mm. Hon. E . David Burt: Thank you, Mr. Deputy Speaker. I do not have the latest update for that. I know that the Minister responsible for Tourism is handling matters related to that and I do believe the Economic Development Committee is set to m eet later this mont h, so I will get the most recent update. But I am sorry ; I cannot provide an update for the Honourable Leader of the Opposition at this time on that particular project.
The Deputy SpeakerDeputy SpeakerSecond, okay. QUESTION 2: FAIRMONT SOUTHAMPTON HOTEL Hon. N. H. Cole Simons: Can the Premier confirm when the final agreement and documents will be ex ecuted in regard to the Fairmont Southampton Hotel? Hon. E. David B urt: Thank you, Mr. Deputy Speaker. Honourable Leader of the Opposition, you would …
Second, okay.
QUESTION 2: FAIRMONT SOUTHAMPTON HOTEL
Hon. N. H. Cole Simons: Can the Premier confirm when the final agreement and documents will be ex ecuted in regard to the Fairmont Southampton Hotel? Hon. E. David B urt: Thank you, Mr. Deputy Speaker. Honourable Leader of the Opposition, you would know that this hotel project is something that is of vital importance for Bermuda’s future. The work continues to close on the hotel project. Nothing would have given me m ore pleasure, Mr. Deputy Speaker, than to come here today and to confirm the guarantee agreement and table it for the information of this Honourable House of Assembly. I do believe that the next time we come back that will happen. I know that the lenders have confirmed their funding and are just working through those particular documents. Those things are continuing to progress, but I cannot give the Honourable Member a specific date. What I can say is that the information that I have is that the developer s are still confident that they will be able to progress the opening of the hotel for the 2024 tourism season, which of course is essential for Bermuda’s tourism recovery. So, the documentation process is proceeding. It is a five -party agreement. And as yo u can imagine, with a complex agreement [it takes time], with the funding now estimated to be north of $400 million in total investment when combined with the purchase of the hotel, with the redevelopment and working capital which is necessary in order to do that. Now that cost 162 9 December 2022 Official Hansard Report
Bermuda House of Assembly of course has escalated due to global pricing increases which of course adds additional complexity. It would have been lovely, Mr. Deputy Speaker, if we would have been here and the hotel would have been under construction. But we un derstand the history and we understand the difficulty of coming to a revised agreement with, I would say, the global ec onomic challenges that happen ed after Russia’s war with Ukraine. But the senior lenders have confirmed, the junior lenders have confirmed and we are working through those particular processes, the guarantee matters are all in place and we are doing document ation. The teams meet on a regular basis. I think the teams met more than once a week.
The Deputy SpeakerDeputy SpeakerThank you, Mr. Premier. Hon. Michael H. Dunkley: Supplementary, Mr. Dep uty Speaker.
The Deputy SpeakerDeputy SpeakerSupplementary. SUPPLEMENTARY Hon. Michael H. Dunkley: Yes, good morning, co lleagues and good morning to the people listening. To the Honourable Premier. The Honourable Premie r just stated that it is the intention to open the Fairmont Southampton Hotel in 2024. Bearing in mind that we have just got a …
Mr. Dunkley.
Hon. Michael H. Dunkley—2022, how w ill it be po ssible to open the hotel i n less than 18 months with the all the work that has got to be done, Planning permi ssion, then the actual work itself? How will it be poss ible?
The Deputy SpeakerDeputy SpeakerThank you, Mr. Dunkley. Premier. Hon. E. David Burt: Mr. Deputy Speaker, I am not a professional hotel developer. And I know that history will tell where the Honourable Leader of the Oppos ition had contracted with a non- professional hotel d evelopment, putting a $165 million guarantee down for …
Thank you, Mr. Dunkley. Premier.
Hon. E. David Burt: Mr. Deputy Speaker, I am not a professional hotel developer. And I know that history will tell where the Honourable Leader of the Oppos ition had contracted with a non- professional hotel d evelopment, putting a $165 million guarantee down for the people of Bermuda. We saw what happened when that project was not able to be finished and ended up costing the taxpayers in excess of $200 million and our inability to recover those funds because his government did not guarantee the entire portion of the project. That much being said, Mr. Deputy Speaker, we are working with teams who have developed h otels successfully throughout the world and the information that they have provided to us is that their co nstruction timeline for this particular project is 14 months. I am going to expect that they have done the work, the renovation work that needs to be done, the planning work that needs to be done, and that is the expectation. And so, yes, they are still confident that the hotel will be open in 2024. That is what the Gover nment is working towards, and we are doing everything to make sure that we get this agreement finalised with the parties . Because nothing would give me more pleasure than to make sure this hotel breaks ground. And I will happily invite the Honourable Member opposite to attend.
The Deputy SpeakerDeputy SpeakerMr. Simons. SUPPLEMENTARY Hon. N. H. Cole Simons: With the financing in place, i.e., the mezzanine, the senior lending and the local financing, can t he Premier tell us what is causing the delay? Hon. E. David Burt: Mr. Deputy Speaker, the Honourable Member had a long and, I think, …
Mr. Simons.
SUPPLEMENTARY
Hon. N. H. Cole Simons: With the financing in place, i.e., the mezzanine, the senior lending and the local financing, can t he Premier tell us what is causing the delay?
Hon. E. David Burt: Mr. Deputy Speaker, the Honourable Member had a long and, I think, distinguished career in finance. And I think that the Honourable Member would know that at a point in time where there is surging global inflation, economic uncertainty [and] increasing interest rates, these are things which are causing a challenge. Now, these are things that were not present last year this time in 2021. They were not. And following my resumption of the role of Minister of Finance, we went back to this. And you will recall what happened during last year February — there was an invasion, there was a war, surging global inflation, massive spikes in prices —all of these things have to be accounted for. What is impor tant, Mr. Deputy Speaker, is that the deal that is completed is fully financed, rightly priced, protects the interests of the Government of Bermuda, and ensures that we get a completed and open project. We have seen what happens when we attempt to rush these developments. A recent example is seen —and we will debate it later today —when dealing with the Morgan’s Point project which was done by the party opposite. These things cannot be rushed. And we want to make sure, especially when we are looking at a government guarantee, that all of these items are in place. So, the answer to the question in regard to the delay is that global market conditions are tough. That much being said, during global tough market conditions, [considering] the conditions of Bermuda’s tourism economy, the fact of which Bermuda still remains an attractive place to invest means that the senior lenders and the mezzanine lenders were comfortable
Bermuda House of Assembly in committing this funding despite the global economic uncertainty.
The Deputy SpeakerDeputy SpeakerThank you. Mr. Simons, do you have a question or supplementary? Hon. N. H. Cole Simons: Question.
The Deputy SpeakerDeputy SpeakerPut your third question. QUESTION 3: FAIRMONT SOUTHAMPTON HOTEL Hon. N. H. Cole Simons: With the comments in r egard to have the hotel up and running by 2024, can the Premier give us an estimation as to when the shovels will hit the ground? Hon. E. David Burt: Mr. …
Put your third question.
QUESTION 3: FAIRMONT SOUTHAMPTON HOTEL
Hon. N. H. Cole Simons: With the comments in r egard to have the hotel up and running by 2024, can the Premier give us an estimation as to when the shovels will hit the ground?
Hon. E. David Burt: Mr. Deputy Speaker, as I had answered the question earlier, I would not be able to give a precise timeline. But in order to meet the objective for this to take place and open the hotel in time for the 2024 tourism season, construction work would have to commence in the first quarter of 2023.
The Deputy SpeakerDeputy SpeakerThank you. Mr. Simons, supplementary? Hon. N. H. Cole Simons: Supplement ary.
The Deputy SpeakerDeputy SpeakerYes. SUPPLEMENTARY Hon. N. H. Cole Simons: What other commitments does the Government have to do to complete their role in ensuring that this project is closed on time and imminently? Hon. E. David Burt: Mr. Deputy Speaker, fro m the information that I have, the Government has completed substantially …
Yes.
SUPPLEMENTARY
Hon. N. H. Cole Simons: What other commitments does the Government have to do to complete their role in ensuring that this project is closed on time and imminently? Hon. E. David Burt: Mr. Deputy Speaker, fro m the information that I have, the Government has completed substantially its work in relation to the guarantee agreement between Clarien and Gencom. Of course, there are intercreditor agreements that have to go into place between the mezzanine lenders, th e senior lenders who are involved in this. As I said, this is a very complex five- party transaction. I am not a real estate transaction lawyer, so I do not want to provide incorrect information to the Honourable Member, but it is my understanding that the Government’s legal team continues to work. As I said, there are regular project meetings. All-hands calls take place to ensure that we are pr ogressing this documentation. But I do believe that all matters are in place. As I indicated, I want to say when asked ques tions about this in September, I said that there has been no change to the amount of the Government guarantee and the provisions that we have negotiated have been fully documented and are waiting sign- off from the intercreditor agreement with all of the parties involved. Again, this is a five- party transaction. So, it is not as though it is a contract between two people. It is a contract between five persons. That means that all the people have to get around it. It is a very complex project. But t hat is what happens, Mr. Deputy Speaker, when you have the largest tourism inves tment in the country’s history.
The Deputy SpeakerDeputy SpeakerMr. Simons, do you have any further . . . oh, Ms. Jackson. SUPPLEMENTARY
Ms. Susan E. JacksonGood morning, Mr. Deputy Speaker. Yes, just one question. I am curious whether the Premier can please provide the Honourable House with any update on the employees who were working at the Fairmont Southampton and tracking their progress, especially given that we now are delayed an additional year?
The Deputy SpeakerDeputy SpeakerPremier. Hon. E. David Burt: Mr. Deputy Speaker, one of the things that should be known is that our tourism industry did perform incredibly well this year. It exceeded the expectations that we had set. One of the t hings that the Minister of Economy and Labour would know, and …
Premier. Hon. E. David Burt: Mr. Deputy Speaker, one of the things that should be known is that our tourism industry did perform incredibly well this year. It exceeded the expectations that we had set. One of the t hings that the Minister of Economy and Labour would know, and one of the things that you would know as well, Mr. Deputy Speaker, is that we continue to look for Ber-mudians who want to work in the hospitality industry because there is a shortage of Bermudians who are working in this industry. For persons who may have been working at the Fairmont Southampton who have sought alternate employment, many of those persons have found alternate employment. And I would encourage the Honourable Member, if there is any one in her constituency who may be looking for employment in the hospitality sector, who may have worked at Fairmont Southampton, I would encourage them to get in touch with the Department of Workforce Development. I know there is a hospitality job fair. ( I think, Minister. ) I think there is a hospitality job fair next year. The Minister of Economy and Labour and the Department of Workforce Development in conjunction with the Bermuda Tourism Authority and the Minister responsible for Tourism are continuing the work to encourage more and more Bermudians to enter that particular field as there are opportunities that are there. And we are going to continue to train. But those opportunities are there so I encourage the Honourable Member to speak to whoever is asking that question so they can get the correct information.
The Deputy SpeakerDeputy SpeakerThank you, Mr. Premier. 164 9 December 2022 Official Hansard Report Bermuda House of Assembly Any further . . . Mr. Simons. Hon. N. H. Cole Simons: No, I am done.
Mr. Christopher FamousGood morning, Bermuda. Good morning, Mr. Deputy Speaker. Mr. Deputy Speaker, back in October there was a gathering of persons up at —
The Deputy SpeakerDeputy SpeakerWe need the question. It can’t be an opinion, just a question. QUESTION 1: NEW $50 MILLION GUARANTEE
Mr. Christopher FamousMr. Deputy Speaker, a few months ago there was a mortgage guarantee [unvei ling]. Can the Honourable Premier please provide the Honourable House with an update of this programme, inclusive of how many persons may have app lied for the mortgage guarantee programme?
The Deputy SpeakerDeputy SpeakerThank you, Mr. Famous. Hon. E. David Burt: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, I am thrilled with the r esponse from the mortgage guarantee programme. It is something that we had promised to deliver in our election manifesto. It is something that we have worked to make …
Thank you, Mr. Famous. Hon. E. David Burt: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, I am thrilled with the r esponse from the mortgage guarantee programme. It is something that we had promised to deliver in our election manifesto. It is something that we have worked to make sure that we have delivered. The latest information I have, not updated as of today, but as of a couple of weeks ago, I do know that were over 90 applicants who had applied. I do know that out of those persons there were about 20 who were in advanced stages. And I do know that there were a few who had already been approved. I will seek to get specific answers for the Ho nourable Members with the latest updated i nformation. But the fact is that this is a programme that has had incredible, incredible response. And there are persons who are thrilled that they have been saving money for their 20 per cent down payment and all of a sudden now are at that threshold and are able to get a piece of the rock. So, it is something that is working well.
Mr. Christopher FamousWhat was the Government hoping to achieve [with] this programme, Mr. Premier? Hon. E. David Burt: Mr. Deputy Speaker, I think what is important to note is that one of the things that Government must do is recognise challenges that exist and do [things] and use the power of Government …
What was the Government hoping to achieve [with] this programme, Mr. Premier? Hon. E. David Burt: Mr. Deputy Speaker, I think what is important to note is that one of the things that Government must do is recognise challenges that exist and do [things] and use the power of Government to ameliorate those conditions. Everyone knows how difficult it is to get on the housing ladder in Bermuda. And what we said that we w ould do in our 2020 election manifesto was create a nation of owners. What we are trying to achieve is to follow through on that goal. And with this, with reduced i nterest payments and with reduced down payment r equirements, the ability to go ahead and to get on the housing ladder, what we want to achieve is to allow that opportunity for more young Bermudians to join the ranks of homeowners.
Mr. Christ opher FamousI want to know, the people want to know, who is going to benefit from this pr ogramme? Hon. E. David Burt: Mr. Deputy Speaker, I think this is an important question. And you know why it is an important question? It is because it is difficult som etimes, when …
I want to know, the people want to know, who is going to benefit from this pr ogramme?
Hon. E. David Burt: Mr. Deputy Speaker, I think this is an important question. And you know why it is an important question? It is because it is difficult som etimes, when you get criticism, when you are trying to make sure that you are doing the best for this country, so while I am out there some people are saying, Well, that is only going to benefit the wealthy. Or, That is just going to benefit people with money. No, Mr. Deputy Speaker, that is not correct. There are hard- working Bermudians from across the social strata in this country who are struggling to get on the housing ladder. The first group of persons who are eligible are those persons who are 40 years and under who are able to do it. But they are also able to combine with family members and other things to get support and go ahead and [get on the housing ladder]. So, when we are looking to move people out of rented accommodations, rent -geared- to-income, other places, going with housing corporation, dealing with matters which may be on the housing transition programme, all those are persons who we are looking to target with this programme, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerMr. Pearman. Bermuda House of Assembly QUESTION 1: CASINO LICENCES
Mr. Scott PearmanThank you, Mr. Deputy Speaker. Honourable Premier, your Government has delayed the provision of casino licences since you took power in 2017. Does the Honourable Premier know an actual date when a casino wil l finally be opened in Bermuda? Hon. E. David Burt: Mr. Deputy Speaker, the Honourable Member …
Thank you, Mr. Deputy Speaker. Honourable Premier, your Government has delayed the provision of casino licences since you took power in 2017. Does the Honourable Premier know an actual date when a casino wil l finally be opened in Bermuda?
Hon. E. David Burt: Mr. Deputy Speaker, the Honourable Member should retract his question because the Honourable and Learned Member knows full well that the Bermuda Gaming Commission is independent when it comes to the awarding of casino licences. So, the fact that he says [the Government] has delayed the awarding of licences is patently false and he should retract that question and correct it.
The Deputy SpeakerDeputy SpeakerMr. Premier, he is to ask the question. All you have to do i s answer it.
The Deputy SpeakerDeputy SpeakerOkay. Hon. E. David Burt: Mr. Deputy Speaker, I cannot answer that question because it i s not under the purview of the Government. And as the Honourable Member knows, that is a matter for the Bermuda C asino Gaming Commission. That is what we have, and the Honourable Member …
Okay.
Hon. E. David Burt: Mr. Deputy Speaker, I cannot answer that question because it i s not under the purview of the Government. And as the Honourable Member knows, that is a matter for the Bermuda C asino Gaming Commission. That is what we have, and the Honourable Member knows that interference from Ministers inside of the operations of an independent authority such as that can cause damage to the coun-try’s reputation and delay it further.
Mr. Scott PearmanIf the Premier’s answer just given to the House is correct, why is it that he previously promised this Honourable House that there would be a casino opened by 2001. [sic] [Inaudible interjection]
Mr. Scott PearmanIn 2021. Hon. E. David Burt: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, I can only go from the information that is relayed to me. When I met with those persons, they said that the work and the pr ogress of which they were engaged in with the Berm …
In 2021.
Hon. E. David Burt: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, I can only go from the information that is relayed to me. When I met with those persons, they said that the work and the pr ogress of which they were engaged in with the Berm uda Casino Gaming Commission [was contin uing] , and it was their expectation that they would have a casino operating. I was asked a question from media, and I responded to that. We do not have operational control over the Bermuda Casino Gaming Commission. What we do have control over is the legis lation that underpins that body. And if there is any legislative changes which may be needed in order to progress this to speed up, to change, to make sure that we can get to the space we want, those matters will come to us from the Bermuda Casino Gaming C ommission and the Government will expediently put those into place. No one, Mr. Deputy Speaker, is more disappointed in the fact that we do not have this operating and up and running than myself. It is a difficult thing. No question about it. But that is not going to stop us from working on it because, as the Honourable Mini ster for Economy and Labour has stated, casino gaming is one of the four priority matters that need to be addressed. One of the things that I have spoken about in the Statement which I gave earlier is the need to make sure that we deliver on these items. And I certainly want to ensure the people of this country, and the Honourable Member, that any request to the Bermuda Casino Gaming Commission that may be needed to ensure that we can h ave a speedier opening of hotel [casinos] will be acted upon expeditiously by the Government.
Ms. Susan E. JacksonSo, in the first instance, Mr. Deputy Speaker, I had had a supplementary. Can I ask that? And then I ask my other question?
The Deputy SpeakerDeputy SpeakerYou are only allowed one question and two supplementaries.
Ms. Susan E. JacksonSo, I had better not [have a] supplementary back to the mortgage programme. The Deputy Speaker: You can ask that as a suppl ementary one if you want to.
Ms. Susan E. JacksonAnd then I can ask my question? 166 9 December 2022 Official Hansard Report Bermuda House of Assembly The Deputy Speaker: Well, you have had one question. You have had your only question that you can ask.
The Deputy SpeakerDeputy SpeakerYou can ask a supplementary. It does not have to be on your question, you know. SUPPLEMENTARY [On New $50 Million Guarantee]
Ms. Susan E. JacksonSo, my supplementary, going back to the five- year mortgage programme, I am just wondering whether the Premier might be able to shed some light on what will happen after the targeted time, I believe there is about five or seven years. Will the interest rates and the repayment plans …
So, my supplementary, going back to the five- year mortgage programme, I am just wondering whether the Premier might be able to shed some light on what will happen after the targeted time, I believe there is about five or seven years. Will the interest rates and the repayment plans change after the set allotted time for the existing, sort of, benefitted mortgage package has expired?
Hon. E. David Burt: Mr. Deputy Speaker, I thank the Honourable Member for her question because it is a great question. It is something that has come to us and something that has been asked here before, and I am happy to continue to shed light on that. The inf ormation that I have, when asked that question which has come, is that there is no intention to change the rates that are charged on that at the expiration of the Government guarantee, but of course, that is subject to ensuring that the [mortgagor] is in g ood stead with the bank. If they decide to not get in good stead, remember the Government is not involved in this. This is a private agreement between the [mortgagor] and the bank which is governed like any other mortgage would be. But the information whi ch has come to me is that, no, there will not be an increase when the loan - to-value drops in this space, where the Government guarantee is no longer required. But of course, that would mean that the person must maintain their pa yments on time, you know, al l those things, in good standing with the bank in order to continue to enjoy those preferential rates.
Ms. Susan E. JacksonThank you, Mr. Deputy Speaker. Now I would like to ask my question. And my question to the Premier is : I would like to find out whether any parliamentarians or otherwise have any interest, financial or otherwise, in the resQwest/resPartner travel authorisation software, anything to do with that. I …
Mr. Premier.
Hon. E. David BurtpremierMr. Deputy Speaker, I thank the Honourable Member for the ability to answer the ques tion. Let me start by saying this, Mr. Deputy Speaker. I think that last week there was a reappointment of committees. There was a Register of Members’ Interest and if there were financial interests that …
Mr. Deputy Speaker, I thank the Honourable Member for the ability to answer the ques tion. Let me start by saying this, Mr. Deputy Speaker. I think that last week there was a reappointment of committees. There was a Register of Members’ Interest and if there were financial interests that persons may have in those things, they shall be d eclared. However, as I have been subject to numerous rumours emanat ing and sometimes also coming from and being pushed by Members opposite talking about , We need to know who is behind and who is benefiting from this, I can say categorically and without question that I have zero interest in resQwest, resPartner, or anything else. And I have no knowledge of any other Member of the Legislature on my side who does. I cannot speak for Members opposite, Mr. Deputy Speaker.
Mr. Jache AdamsMr. Deputy Speaker, with 20 m icrophones in this House, I happen to be the only one with a broken microphone —
An Hon. Member An Hon. MemberOne of two.
Mr. Jache AdamsOne of two with a broken micr ophone. [Laughter]
Mr. Jache AdamsSo I do apologise for that. Mr. Deputy Speaker, many of my consti tuents are concerned with the —
The Deputy SpeakerDeputy SpeakerWhat is your question, Mr. A dams? Mr. Jache Adams: Here we go.
The Deputy SpeakerDeputy SpeakerOkay. Get right to the question. Those are the rules.
Mr. Jache AdamsI was going to ask the question — The Deputy Sp eaker: Okay. Go ahead. I am sorry. My apologies.
Mr. Jache AdamsNot just the broken microphone. Okay. [Laughter] Bermuda House of Assembly QUESTION 1: COST OF INFLATION
Mr. Jache AdamsCan the Honourable Premier please share and explain what the Government is doing currently to address the increasing cost of infl ation? Hon. E. David Burt: Thank you, very much, Mr. Deputy Speaker. Mr. Deputy Speaker, the rise in global inflation is certainly a challenge that is being borne by …
Can the Honourable Premier please share and explain what the Government is doing currently to address the increasing cost of infl ation? Hon. E. David Burt: Thank you, very much, Mr. Deputy Speaker. Mr. Deputy Speaker, the rise in global inflation is certainly a challenge that is being borne by the cit izens of this country. And it is incred ibly difficult, ce rtainly, for working- class persons who spend the m ajority of their disposable income on the things which are subject to the highest inflation, such as food and energy, in this country. Mr. Deputy Speaker, that is the reason why the Gover nment continues to work to provide economic relief, whether or not it is the reduction in payroll tax for those making under $96,000 and the announc ement that is going out for consultation today for even further relief and the elimination of payroll taxes for persons making under $48,000. That is the reason why we have not increased Government fees, so the Government does not contribute to the increasing cost of living and have also reduced them. That is the reason why, Mr. Deputy Speaker, we have spent co nsiderable money from the public funds in order to ensure that fuel prices at the pump have remained stable. And Bermuda is one of the few countries that do not say that we have had record gasoline prices during Russia’s invasion, during the war in Ukraine. That is the reason why we launched a payroll tax rebate so persons can apply to get money back from the Government of Bermuda and, depending on how much money is left in that programme, we may be able to expand that even further to ensure that persons c an get additional [help] . That is the reason why, Mr. Deputy Speaker, as you would know as the Chairman of the Cost of Living Commission, that we eliminated the duty on 33 essential items and worked with the grocery stores in order to provide discounts on those particular items to do what we can to ease the burden of the cost of living for the people of this country.
The Deputy SpeakerDeputy SpeakerOne second. Let me just apologise t o you again. Continue. SUPPLEMENTARIES
Mr. Jache AdamsNo worries. No worries. That’s fine. Thank you, Mr. Deputy Speaker. Premier, how was the Government able to provide such relief? Hon. E. David Burt: Mr. Deputy Speaker, the Go vernment has been able to provide that relief because this Government keeps its promises. And this Government did say in …
No worries. No worries. That’s fine. Thank you, Mr. Deputy Speaker. Premier, how was the Government able to provide such relief? Hon. E. David Burt: Mr. Deputy Speaker, the Go vernment has been able to provide that relief because this Government keeps its promises. And this Government did say in February during the budget stat ement that any better budget performance that was experienced above budget numbers, we would give half of that money back in relief to deal with the cost of living. And that is a result . . . the reason why we have been able to provide this additional relief, Mr. Deputy Speaker, is because of the sound economic performance of this Government. Understand, Mr. Deputy Speaker, I had mentioned it earlier today, the projected net debt for the country at the end of this fiscal year, in three months’ time, is now projected to be $115 million less than it was. [This is] n ot too much to get excited about, Mr. Deputy Speaker, because we are still in a deficit pos ition. And we still have a significant amount of debt . But if you looked at countries around the world who are challenged in recovering from the recession, r ecovering from the pandemic, the pace of Bermuda’s recover y exceeds even the targets that were laid out in the Economic Recovery Plan and is showing that we are doing good work. And so, from that aspect we are returning those funds to the people of the country because of the strong rebound that we have exper ienced in Bermuda.
Mr. Jache AdamsSecond supplementary, yes, Mr. Deputy Speaker.
Mr. Jache AdamsMr. Deputy Speaker, can the Honourable Premier please advise the public on how persons can report issues with the pricing of items specific to those who have received custom duty r elief? Hon. E. David Burt: Mr. Deputy Speaker, I thank the Honourable Member for his question. I think it …
Mr. Deputy Speaker, can the Honourable Premier please advise the public on how persons can report issues with the pricing of items specific to those who have received custom duty r elief?
Hon. E. David Burt: Mr. Deputy Speaker, I thank the Honourable Member for his question. I think it is important because at the same point in time we are not going to say that there are not persons who are going to try to take advantage of increasing global inflation and pass on costs. And so what we have done is certainly made sure that there is more power in the Cost of Living Commission. But what is also important of which we have done is that even during the pandemic we had set up a space where members can report pricing issues that can be investigated. All members have to [do] is go to www.gov.bm and click on “online services” where there is a myriad of online services that have been 168 9 December 2022 Official Hansard Report
Bermuda House of Assembly launched by this Government since we have been office, where people can go ahead, report price gou ging and it will be followed up and investigated.
The Deputy SpeakerDeputy SpeakerMr. Dunkley, you have a question and a supplementary left. QUESTION 1 : RESQWEST CONTRACT Hon. Michael H. Dunkley: Thank you for your good guidance, Mr. Deputy Speaker. Honourable Premier, was there a penalty clause involved with ending the resQwest contract early due to the TA closure? Hon. E. David …
Mr. Dunkley, you have a question and a supplementary left.
QUESTION 1 : RESQWEST CONTRACT
Hon. Michael H. Dunkley: Thank you for your good guidance, Mr. Deputy Speaker. Honourable Premier, was there a penalty clause involved with ending the resQwest contract early due to the TA closure?
Hon. E. David Burt: Mr. Deputy Speaker, I do not have the specific details of that contact. I do believe there is a question of which the Honourable Member has asked. I am happy to get him the specific [a nswers] in regard to whether or not there is a penalty clause or anything else on that particular matter. I do not want to provide an incorrect answer because it is not something that is specifically underneath my pur-view. That is with the Ministry of Health.
The Deputy SpeakerDeputy SpeakerMr. Dunkley. Hon. Michael H. Dunkley: Just a reminder, Mr. Dep uty Speaker, that this question was actually asked last week and another Minister endeavoured to provide the information. So perhaps the Minister can turn around and get the information.
The Deputy SpeakerDeputy SpeakerOkay. Are you going to do your final supplem entary? Is that it? Hon. Jason Hayward: Point of order, Mr. Deputy Speaker. That was —
The Deputy SpeakerDeputy SpeakerNot during Question Period. We will deal with it. Hon. Jason Hayward: Mr. Deputy Speaker, that was not a question.
The Deputy SpeakerDeputy SpeakerNo. No. He made a statement and I have allowed it. It is fine.
The Deputy SpeakerDeputy SpeakerMr. Hayward, do not try to lecture this Chair. That is the last thing you want to do. Thank you. Hon. Michael H. Dunkley: Mr. Deputy Speaker, I do have a question, but as it entails numbers in regard to the last payment to resQwest for $2 million, I will …
Mr. Hayward, do not try to lecture this Chair. That is the last thing you want to do. Thank you. Hon. Michael H. Dunkley: Mr. Deputy Speaker, I do have a question, but as it entails numbers in regard to the last payment to resQwest for $2 million, I will put that directly to the Minister responsible because I believe that the Premier would not have that information at hand.
The Deputy SpeakerDeputy SpeakerMr. Wade, your name is down. You have 40 seconds. QUESTION: AFFORDABLE HOUSING
Mr. Jason WadeThank you, Mr. Deputy Speaker. Mr. Deputy Speaker, could the Premier please provide this Honourable House with an update on how this Government is addressing the issue of affordable housing in Bermuda? Hon. E. David Burt: Mr. Deputy Speaker, affordable housing is one of the most critical challenges and this …
Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, could the Premier please provide this Honourable House with an update on how this Government is addressing the issue of affordable housing in Bermuda?
Hon. E. David Burt: Mr. Deputy Speaker, affordable housing is one of the most critical challenges and this has resulted due to t he strong performance and r ebound of our economy and our international business sector. That is the reason why this Government has given additional money to the Bermuda Housing Cor-poration, over three years, over $22 million. That is the reason why we have launched the mortgage guarantee programme, Mr. Deputy Speaker. That is the reason why we were advancing the Bermuda Economic Development Corporation and the Economic Recovery Plan, —
[Timer chimes] Hon. E. David Burt: —approve d residential schemes to ensure that we can provide more housing and assistance to the people of this country.
The Deputy SpeakerDeputy SpeakerThat is the end of the Premier’s Question Period. Now we will have the Questions. QUESTION PERIOD
The Deputy SpeakerDeputy SpeakerI hope I have it right. The f irst question is to the . . . the Premier’s questions I am going to hold that to later on. He has required more time. Hon. E. David Burt: I am happy to do them now.
The Deputy SpeakerDeputy SpeakerOh, fine. Okay. The first is from the Opposition Leader, Mr. Simons, on the Economic and Fiscal Update, to the Premier. Hon. N. H. Cole Simons: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, I am referring to the F inancial Intelligence Update Report [sic]. [Inaudible interjection] Bermuda House of …
Oh, fine. Okay. The first is from the Opposition Leader, Mr. Simons, on the Economic and Fiscal Update, to the Premier. Hon. N. H. Cole Simons: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, I am referring to the F inancial Intelligence Update Report [sic].
[Inaudible interjection]
Bermuda House of Assembly The Deputy Speaker: Economic . . . which?
Hon. N. H. Cole Simons: I’m sorry.
The Deputy SpeakerDeputy SpeakerThe Minister is [asking], are you talking about the Economic Update Statement. Hon. N. H. Cole Simons: It would be the Fiscal R esponsibility Panel , sorry. The Bermuda Fiscal R esponsibility Panel Report. Mr. Deputy Speaker —
The Deputy SpeakerDeputy SpeakerThe question is on Ministerial Statements, you know. Hon. N. H. Cole Simons: I am.
The Deputy SpeakerDeputy SpeakerYes, well, I am looking for the . . . what you are talking about. Maybe I have it got it wrong here. Hon. N. H. Cole Simons: The second paragraph on the Economic and Fiscal Update. “Mr. Speaker, earlier today —
The Deputy SpeakerDeputy SpeakerOh, okay. All right. So, you are on the Economic Update. Okay. Hon. N. H. Cole Simons: —"I laid for the information of this Honourable House the 2022 Bermuda Fiscal Responsibility Panel Report —
The Deputy SpeakerDeputy SpeakerContinue. Continue. QUESTION 1: ECONOMIC AND FISCAL UPDATE Hon. N. H. Cole Simons: Mr. Deputy Speaker, can the Premier speak to what is being done in regar d to the debt -to-revenue ratio? And I am asking because it remains close to 300 per cent, whereas the benc hmark is …
Continue. Continue.
QUESTION 1: ECONOMIC AND FISCAL UPDATE Hon. N. H. Cole Simons: Mr. Deputy Speaker, can the Premier speak to what is being done in regar d to the debt -to-revenue ratio? And I am asking because it remains close to 300 per cent, whereas the benc hmark is around 80 per cent and the Fiscal Respons ibility Panel has raised this issue before, so I wonder if the Premier can shed some light on what i s being done to remediate this position that we are in.
The Deputy SpeakerDeputy SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, the answer that I can give to the Honourable Member is that he would know and is well aware that these metrics have been set. They were set in 2015. The Government has never met that metric. …
Premier. Hon. E. David Burt: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, the answer that I can give to the Honourable Member is that he would know and is well aware that these metrics have been set. They were set in 2015. The Government has never met that metric. And certainly, that would have been compounded during a once- in-a-century pandemic. But also, that would have been compounded by the need of the Government of Bermuda to borrow $200 million to finance the failed project that was given to us by the former Government, Mr. Deputy Speaker. It is important that we remember that. So, when we are talking about the debt -torevenue ratio, that means that our revenue has t o be higher than our debt. Our revenue right now is $1.1 billion and our debt is $3 billion. That is out of whack. During their time in office, it was also out of whack. But how do we address that, Mr. Deputy Speaker? We address that by making sure that the economy continues to grow, by making sure that we continue to enhance and enact the recommendations of the Tax Reform Commission, [by] making sure that we broaden the tax base and make the tax system more pr ogressive. And that is to make sure that we get ourselves to a balanced budget faster, on time, to make sure that we can begin to reduce the debt. We have laid out and set out those targets and the commitment to those targets , and the pr ogress being made has been recognised by the Fiscal Responsibilit y Panel and we are going to continue on that path, fiscal responsibility, because it is important for the future of this country.
The Deputy SpeakerDeputy SpeakerThank you. Mr. Simons, another question or supplementary? SUPPLEMENTARY Hon. N. H. Cole Simons: Suppl emental. So, can the Premier with his response make a commitment that he would present a roadmap that will show some type of reduction in this ratio between the revenue and Government debt within the …
Thank you. Mr. Simons, another question or supplementary?
SUPPLEMENTARY
Hon. N. H. Cole Simons: Suppl emental. So, can the Premier with his response make a commitment that he would present a roadmap that will show some type of reduction in this ratio between the revenue and Government debt within the next year?
Hon. E. David Burt: Mr. Deputy Speaker, I do not have to wait until next year. The Honourable Member can refer to the Budget Statement that was given in this House where it lays out the plan over the next four years to reach the budget target of $50 million. And there will be an update that is goi ng to take place during this year’s budget presentation where we will update those figures because things have changed since the last time the budget was presented. The last time there was a budget presented, Mr. Deputy Speaker, there was no war. The last time the budget was presented we did not have record global inflation for four years. So, these are the challenges , but the Government is well equipped to deal with those challen ges. We have dealt with crisis before, and we will deal with it again. So, he will get his answer. He can look back at the Budget Statement to see where we are and he can look forward to this [new] Budget Stat ement. And I sincerely hope that we might even get an official submission from the Opposition in response to this Pre -Budget Report so they can let the people know where they stand, because this Government is not afraid to let all the people in this country know where we stand—on the side of working people.
170 9 December 2022 Official Hansard Report
Bermuda House of Assembly The Deputy Speaker: Mr. Simons, is this another question or supplementary?
Hon. N. H. Cole Simons: Another question.
The Deputy SpeakerDeputy SpeakerContinue. QUESTION 2: ECONOMIC AND FISCAL UPDATE Hon. N. H. Cole Simons: Mr. Deputy Speaker, there was talk in regard to the report about the Tax Reform Commission and a review of our tax structure. Can the Premier provide an update of the reconstitution of the Tax Reform Commission? Hon. …
Continue.
QUESTION 2: ECONOMIC AND FISCAL UPDATE
Hon. N. H. Cole Simons: Mr. Deputy Speaker, there was talk in regard to the report about the Tax Reform Commission and a review of our tax structure. Can the Premier provide an update of the reconstitution of the Tax Reform Commission?
Hon. E. David Burt: Mr. Deputy Speaker, I thank the Honourable Member for asking the question because it is something that is important because during the time of the Budget Statement there was the anticipation that the Tax Reform Commission would have been reconstituted to work on additional recommendations. And the most critical item that the Tax Reform Commission was set to tackle was the matter related to the global minimum tax agreement. The matter related to the global minimum tax agreement, as I think I have shared in other places, but I am happy to share here . . . the structure of the Tax Reform Commission, which is done under law , was deemed not able to handle the wide variety of input that would be required for the global minimum tax. When the Tax Reform Commission . . . the view is, there is a member from the Opposition, there is a member from the Government, there is a Chair, a member from the tr ade unions, local business and international business and some other person. And of course, when dealing with international business, Bermuda’s international business base is very varied, whether or not you have traditional insurers, whether or not you hav e long term insurers, whether you have international companies, whether or not you have shipping, you know, all those other types of matters that could be impacted. And so, versus trying to referee (I would put it politely) on who would represent internati onal bus iness interests on the Tax Reform Commission, the Government under section 65 [sic] of the Constitution has set up an advisory body which has been . . . where requests have gone out, responses have come back to make sure they commence the work on t he Global Minimum Tax Agreement. And that has repr esentation from ABIC, ABIR, BILTIR, the law firms, the accounting firms, the wide sectors of the industries which will be impacted by this. What is also important to note is that the Go vernment of Bermuda and the Ministry of Finance con-tinues to engage in international business on this, whether or not it is with ABIC, ABIR, [we] have regular meetings and updates on this particular matter. And we are going to have to progress it because the global minimum tax needs something that will have to be put in place in legislation by the end of next year.
The Deputy SpeakerDeputy SpeakerMr. Simons, do you have another question or supplementary? Hon. N. H. Cole Simons: Question.
The Deputy SpeakerDeputy SpeakerQuestion. Okay. QUESTION 3: ECONOMIC AND FISCAL UPDATE Hon. N. H. Cole Simons: The report also showcases some deficiencies , the concern about the future of solvency of our government pensions. Can the Premier give an update on where we stand in regard to the recommendations present ed by McKinsey …
Question. Okay.
QUESTION 3: ECONOMIC AND FISCAL UPDATE
Hon. N. H. Cole Simons: The report also showcases some deficiencies , the concern about the future of solvency of our government pensions. Can the Premier give an update on where we stand in regard to the recommendations present ed by McKinsey & Company in regard to helping address the concerns raised by the financial intelligence group? Thank you.
Hon. E. David Burt: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, I thank the Honourable Member for his question because that is a very i mportant issue. The issue related to the long- term sustainability of our pension funds is something that the Fiscal Responsibility Panel has made a point of but also that we have made a point of. It is something that is essential. The measures which were submitted have needed to be further reviewed. So there is going to be further review that is going to take place on those matters, and it is the aim, as stated inside of the Throne Speech, to bring those matters to consideration in this Honourable Chamber during this parliamentary ses-sion.
The Deputy SpeakerDeputy SpeakerThank you. Hon. E. David Burt: If I may continue?
The Deputy SpeakerDeputy SpeakerMm-mm. Hon. E. David Burt: I would sincerely hope that the Honourable Member opposite, recognising how i mportant t his is to the future stability of this country, will not play politics with this issue and will support the independent recommendations which would come into place. He has been very …
Mm-mm.
Hon. E. David Burt: I would sincerely hope that the Honourable Member opposite, recognising how i mportant t his is to the future stability of this country, will not play politics with this issue and will support the independent recommendations which would come into place. He has been very gracious in saying that he will look at what the social insurance re forms look like, and I am happy to work with him and engage with him on this so that we can have a bipartisan solution b ecause pension reforms and security such as that should not be a political issue. It should be something that all Members of this House can jo in to ensure that people have security of retirement.
The Deputy SpeakerDeputy SpeakerAny further questions , Mr. S imons? Supplementary? Bermuda House of Assembly SUPPLEMENTARIES Hon. N. H. Cole Simons: I would like to thank the Premier for his response. The other issue that I would like to direct you to is back to the increase of revenue. The total rev enue …
Any further questions , Mr. S imons? Supplementary?
Bermuda House of Assembly SUPPLEMENTARIES
Hon. N. H. Cole Simons: I would like to thank the Premier for his response. The other issue that I would like to direct you to is back to the increase of revenue. The total rev enue was projected to be $1.1 billion. And the Premier indicated that this increase in projection, or actual performance, was a result of economic recovery. The last report indicated that part of the unexpected gain in revenue was attributed to customs and the inflationary nature of the cost of goods being imported to Berm uda. Is this still the case? because it was not mentioned in the Statement. I think the customs duties were an integral part of the increase of revenue. So, is he saying that this is no longer the case?
Hon. E. David Burt: Mr. Deputy Speaker, I can say that this is not the case. And I can state that inflation-ary taxes are not something that this Government does want to continue to support. And that is the re ason why we reduced and eliminated customs duty on essential goods. That is the reason why we have eli minated the customs duty to make sure that for . . . made it flexible to . . . sorry, that fuel prices remain constant. And if the Honourable Member wishes to be directed, I am happy for him to look at page 13 of the Pre-Budget Report where it lays out the original est imates and the revised estimates , and he will note that the customs duty estimate remains unchanged from the original estimate in the budget up until now and that is quite likely because, Mr. Deputy Speaker, we have given significant relief on the levels of customs duty because Members were asking during question time, What is the Government doing to help and ai d with the cost of living? The one thing that we can do is control the things that we have , and that is taxes . And that is what we have done. So, Mr. Deputy Speaker, there is no change. And none of that increase is from additional customs duty revenue. We are giving money back to taxpayers and providing relief where we can.
The Deputy SpeakerDeputy SpeakerMr. Simons. Hon. N. H. Cole Simons: My supplementary question, and this is my last one.
The Deputy SpeakerDeputy SpeakerMm-mm. Hon. N. H. Cole Simons: On page 7 of his Stat ement, he speaks to . . . and I will read. “The proposals for changes to employee payroll taxes include chan ges to rates to reduce payroll taxes . . . .” For the first $48,000, they will …
Mm-mm. Hon. N. H. Cole Simons: On page 7 of his Stat ement, he speaks to . . . and I will read. “The proposals for changes to employee payroll taxes include chan ges to rates to reduce payroll taxes . . . .” For the first $48,000, they will be exempt from payroll tax. And my question is this: If an employee has two jobs and each of the jobs, let’s say, pay him $45,000, will he be taxed on the cumulative amount of the two jobs or will he be exempt given that both of the jobs pay less than $48,000?
Hon. E. David Burt: Mr. Deputy Speaker, I thank the Honourable Member for his question because it is an excellent question.
The Deputy SpeakerDeputy SpeakerYes. Hon. E. David Burt: It is something that we grapple with. Bermuda does not have an income tax sy stem. If Bermuda had an income tax system, the situation of which he is speaking about would be caught inside of an income tax system. We do not have an …
Yes.
Hon. E. David Burt: It is something that we grapple with. Bermuda does not have an income tax sy stem. If Bermuda had an income tax system, the situation of which he is speaking about would be caught inside of an income tax system. We do not have an income tax system. We have a payroll tax system which functions as an income tax on labour income but is only collected by each individual employer. The answer to the Honourable Member’s question is, no, that person would not be subject. But I think it is important, Mr. Deputy Speaker, to note and to understand. Because though it would be strange, I think, for one person to have two jobs that pay $45,000 a year, it would not be strange to have someone working for one job, which is their main job, possibly in the government of Bermuda, or som ewhere else, and an additional job to attempt to make up some funds. And the perspective which we take, Mr. Deputy Speaker, is that this person is struggling to make ends meet, who is working, who is doing that extra job, who is trying to save up that 10 per cent down payment to take advantage of [opportunities] , [and] will be able to get that tax relief. So I appreciate the Member for asking the question. It is something that we grapple with, but the answer is, no, that person would not be.
The Deputy SpeakerDeputy SpeakerMr. Dunkley. Hon. N. H. Cole Simons: Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerOh, you said . . . you got a number. You said it was y our last. Hon. N. H. Cole Simons: I know. I changed my mind. [Laughter] Hon. N. H. Cole Simons: In regard to the dividends for local companies, can the— The Clerk: Excuse me. I just …
Oh, you said . . . you got a number. You said it was y our last. Hon. N. H. Cole Simons: I know. I changed my mind.
[Laughter]
Hon. N. H. Cole Simons: In regard to the dividends for local companies, can the—
The Clerk: Excuse me. I just need some clarification. You have had three questions. Hon. N. H. Co le Simons: I am [asking a] suppl emental.
The Deputy SpeakerDeputy SpeakerYes, he has — 172 9 December 2022 Official Hansard Report Bermuda House of Assembly The Clerk: You are on your second— SUPPLEMENTARY Hon. N. H. Cole Simons: On revenues, yes. Yes. The Premier indicated that there will be poss ible taxes on dividends from local c ompanies. Can he …
Yes, he has —
172 9 December 2022 Official Hansard Report
Bermuda House of Assembly The Clerk: You are on your second—
SUPPLEMENTARY
Hon. N. H. Cole Simons: On revenues, yes. Yes. The Premier indicated that there will be poss ible taxes on dividends from local c ompanies. Can he confirm whether or not the local companies include exempt companies? Because as someone who was in the business, a number of people hold local companies and foreign companies in investment holding companies, and the dividends can be rolled up in the investment -owned company and not actually paid to the shareholder. And as a consequence, the company strengthens and enjoys the benefit. So how do they intend to address those types of scenarios?
Hon. E. David Burt: Mr. Deputy Speaker, the mat ter of which he is speaking about is the recommendation from the 2018 Tax Reform Commission which speaks to withholding tax interest dividend and the flat tax and the value of dividends and interest. These are the matters that are going out for consultation. And if the Honourable Member does have any views and thoughts on that I welcome [him to submit] an official submission as the Shadow Minister of Finance so that we can go ahead and address those issues. But the full matter has been spelled out in the Tax Reform Commission report. The Pre- Budget R eport does contain a link to that report in case persons want to read. I am sure there is a very detailed anal ysis that is there on those matters. And I am happy if the Honourable Leader of the Opposition [and] Shadow Minister of Finance wants to add any input on that as we formulate what taxes may be . . . because, understand, Mr. Deputy Speaker —a key point —these are matters for consultation. This does not mean that in February all of these matters will end up being i nside of the budget. There is a wide range of matters that we put out to consultation because it is important. I remember the last time I did this there were matters that went out to consultation and because of the feedback we actually adjusted our p lans to make sure that things were better. So I encourage all persons, including Members opposite, to take the consultation process seriously. Make sure to go ahead and respond. Not everything that is mentioned in this document will end up in the budget because there are some things that might be, you know, the combination of all the taxes and things might be more than the actual means of which the Government may have for next year. So, from that perspective, I think that it is important that Members do tak e the consultation pr ocess seriously. I am happy to meet with the Shadow Minister for any particular question or invite him to the Ministry of Finance to answer the questions that he or me mbers of his team may have.
The Deputy SpeakerDeputy SpeakerMr. Dunkley. Mr. Pearman, did you have your . . . [Inaudible interjection]
The Deputy SpeakerDeputy SpeakerOkay. So, that is . . . any further . . . Nobody else has their name down, but . . . okay. The next one is the Minister of National Sec urity, and Mr. Dunkley has a question. QUESTION 1: BERMUDA POLICE SERVICE RECRUITMENT Hon. Michael H. Dunkley: Thank …
Okay. So, that is . . . any further . . . Nobody else has their name down, but . . . okay. The next one is the Minister of National Sec urity, and Mr. Dunkley has a question.
QUESTION 1: BERMUDA POLICE SERVICE RECRUITMENT
Hon. Michael H. Dunkley: Thank you, Mr. Deputy Speaker. To the Honourable Minister of National Sec urity, in regard to your Statement on police recruitment , In light of the shortage, what is the current manpower level of the Bermuda Police Service?
Hon. Michael A. Weeks: Mr. Deputy Speaker, currently the manpower level in the Bermuda Police Service is 376.
The Deputy SpeakerDeputy SpeakerSupplementary, yes. SUPPLEMENTARIES Hon. Michael H. Dunkley: What is the Bermuda P olice Service request for adequate manpower level? Hon. Michael A. Weeks: In this fiscal year, the adequate manpower number for the police would be 420.
The Deputy SpeakerDeputy SpeakerMr. Dunkley. Hon. Michael H. Dunkley: Thank you, Mr. Deputy Speaker. Supplementary question, Mr. Deputy Speaker. So, in light of the funding of 20 additional officers, we are still 24 short. How will Government ad-dress that shortage? Hon. Michael A. Weeks: Mr. Deputy Speaker, we are not in charge of …
Mr. Dunkley.
Hon. Michael H. Dunkley: Thank you, Mr. Deputy Speaker. Supplementary question, Mr. Deputy Speaker. So, in light of the funding of 20 additional officers, we are still 24 short. How will Government ad-dress that shortage?
Hon. Michael A. Weeks: Mr. Deputy Speaker, we are not in charge of the operation of policing, but I can answer that question. As we speak, there is a recruit class going on in the Bermuda Police Service.
The Deputy SpeakerDeputy SpeakerMr. Dunkley, second question? Hon. Michael H. Dunkley: Second question, Mr. Deputy Speaker. Bermuda House of Assembly The Deputy Speaker: Mm-mm. QUESTION 2: BERMUDA POLICE SERVICE RECRUITMENT Hon. Michael H. Dunkley: The recruit class that is taking place, is that to attract the 20 officers that the Minister refers to …
Mr. Dunkley, second question?
Hon. Michael H. Dunkley: Second question, Mr. Deputy Speaker.
Bermuda House of Assembly The Deputy Speaker: Mm-mm.
QUESTION 2: BERMUDA POLICE SERVICE RECRUITMENT
Hon. Michael H. Dunkley: The recruit class that is taking place, is that to attract the 20 officers that the Minister refers to in his Statement? Hon. Michael A. Weeks: No, Mr. Deputy Speaker, that recruit class is for local recruits, new police offi cers.
The Deputy SpeakerDeputy SpeakerMr. Dunkley. Hon. Michael H. Dunkley: Supplementary, Mr. Dep uty Speaker.
The Deputy SpeakerDeputy SpeakerYes. SUPPLEMENTARIES Hon. Michael H. Dunkley: So, for clarity, Mr. Deputy Speaker, the Bermuda Police Service is actually loca lly recruiting 20 officers and overseas recruiting 20 officers?
The Deputy SpeakerDeputy SpeakerMinister. Hon. Michael A. Weeks: No, Mr. Deputy Speaker. We do not know how [many] recruits the police would get locally.
The Deputy SpeakerDeputy SpeakerMm-mm. Hon. Michael H. Dunkley: Supplementary, Mr. Dep uty Speaker.
The Deputy SpeakerDeputy SpeakerYes. Hon. Michael H. Dunkley: So, the funding that t he Honourable Minister refers to in this budget of $499,000 this fiscal year and $1.4 million next year, what recruit class does that refer to? Hon. Michael A. Weeks: Mr. Deputy Speaker, I think I made it clear in my …
Yes.
Hon. Michael H. Dunkley: So, the funding that t he Honourable Minister refers to in this budget of $499,000 this fiscal year and $1.4 million next year, what recruit class does that refer to?
Hon. Michael A. Weeks: Mr. Deputy Speaker, I think I made it clear in my Statement that it is for five com-munit y police officers that we will get locally and 15 overseas specialists officers. And while I am on my feet, Mr. Deputy Speaker, the recruit class that is going on right now locally is for new police officers. What we are looking for with overseas [officers ], are specialised police officers.
The Deputy SpeakerDeputy SpeakerAnother question, Mr. Dunkley? You have another question. QUESTION 3: BERMUDA POLICE SERVICE RECRUITMENT Hon. Michael H. Dunkley: Yes, another question, Mr. Deputy Speaker. So, in light of the Minister’s admission of the number s of Bermuda Police Service being 44 short, is Government committing to funding that number in …
The Deputy SpeakerDeputy SpeakerMinister. Hon. Michael A. Weeks: The budget is still being di scussed, Mr. Deputy Speaker, so no final numbers or agreements have been made. Hon. Michael H. Dunkley: Supplementary, Mr. Dep uty Speaker.
The Deputy SpeakerDeputy SpeakerYes. SUPPLEMENTARIES Hon. Michael H. Dunkley: The supplementary question, Mr. Deputy Speaker ; obviously, in an organis ation as big as the Bermuda Police Service with roughly 400 members . . . what compensation is made for general attrition?
The Deputy SpeakerDeputy SpeakerMm-mm. Hon. Michael A. Weeks: Mr. Deputy Speaker, this is coming from a former Minister of National Securit y and that is really not what I do. But police officers come and go. They retire. They resign. They [ leave ]. And so, that is the best I can do …
The Deputy SpeakerDeputy SpeakerYes. Mr. Dunkley, it is not addressed in his Statement, so I think it is kind of unfair to expect the Minister to have that, particularly when it is not addressed in his Statement. Hon. Michael H. Dunkley: Mr. Deputy Speaker, I will take your advice because we cannot go …
Yes. Mr. Dunkley, it is not addressed in his Statement, so I think it is kind of unfair to expect the Minister to have that, particularly when it is not addressed in his Statement. Hon. Michael H. Dunkley: Mr. Deputy Speaker, I will take your advice because we cannot go back and forth. The only thing I can do is ask a question.
The Deputy SpeakerDeputy SpeakerYes. It is understood. Hon. Michael H. Dunkley: So, I will ask a supplementary question. The Honourable Minister states on the second page that $300,000 was put toward the budget for vehicles and just over $1 million to the CCTV. Can the Hono urable Minister give an update on if …
Yes. It is understood.
Hon. Michael H. Dunkley: So, I will ask a supplementary question. The Honourable Minister states on the second page that $300,000 was put toward the budget for vehicles and just over $1 million to the CCTV. Can the Hono urable Minister give an update on if the $300,000 has been spent year to date on the vehicles? And an update on how much has been spent on the CCTV system.
174 9 December 2022 Official Hansard Report
Bermuda House of Assembly Hon. Michael A. Weeks: Thank you, Mr. Deputy Speaker. According to the paper, the $300,000 was allocated for vehicles and the police are in process of getting those vehicles on Island. As it concerns the CCTV, an RFP went out and it is currently being r eviewed for those who have applied to upgrade our CCTV.
The Deputy SpeakerDeputy SpeakerI think . . . was that y our second or your first supplementary? Ms. Wol ffe, is that his second? [Inaudible interjection]
The Deputy SpeakerDeputy SpeakerThat was his second suppl ementary on that question? Okay. [Mr.] Dunkley, you are finished. [Laughter]
The Deputy SpeakerDeputy SpeakerNo [other] persons put their name down to ask questions on that. The next question is to the Honourable Mini ster Jason Hayward from Mr. Pearman. QUESTION 1: ECONOMIC RECOVERY PLAN UPDATE
Mr. Scott PearmanThank you, Mr. Deputy Speaker. Honourable Minister Hay ward, my question is about your Statement headed “Update on the Ec onomic Recovery Plan.” At page 2 of your Statement, where you deal with Theme 4: Expanding the Resident Population, you state that you have had 71 new individuals under the …
Thank you, Mr. Deputy Speaker. Honourable Minister Hay ward, my question is about your Statement headed “Update on the Ec onomic Recovery Plan.” At page 2 of your Statement, where you deal with Theme 4: Expanding the Resident Population, you state that you have had 71 new individuals under the EIC, the Economi c Investment Certificate, and 188 applications for either PRC [Permanent Residency Certificates] or status. Given your Statement that you wanted to see a growth of some 8,000 people in Bermuda, where is the Government’s comprehensive immigration reform plan?
The Deputy SpeakerDeputy SpeakerMr. Hayward. Hon. Jason Hayward: Mr. Deputy Speaker, as ind icated in this House, the first step of the Government’s strategy was to put out the ageing population report. The ageing population report sets out what the issue is. The second thing was to get an adequate measure that we …
Mr. Hayward. Hon. Jason Hayward: Mr. Deputy Speaker, as ind icated in this House, the first step of the Government’s strategy was to put out the ageing population report. The ageing population report sets out what the issue is. The second thing was to get an adequate measure that we can use to determine what is the workforce required for our economy to be sustainable. We have determined to use the old- age dependency ratio and we have got a benchmark figure. I have indicated on severa l occasions that the next step is to put an i mplementation plan in place, and I aim to have that i mplementation plan completed by the end of the first quarter of 2023. I will do a full run of consultations so that all community stakeholders have an opport unity to di scuss emigration, immigration, business growth and labour policy.
The Deputy SpeakerDeputy SpeakerMm-mm. QUESTION 2: ECONOMIC RECOVERY PLAN UPDATE
Mr. Scott PearmanHonourable Minister, on page 3 of your Statement, when dealing with Theme 7, which is the penultimate paragraph, Regulatory Framework , you skipped the middle sentence of that paragraph where it say s, “The first proponent, Seabased, is exploring the development of a wave power park.” Was that skipped intentionally, …
Honourable Minister, on page 3 of your Statement, when dealing with Theme 7, which is the penultimate paragraph, Regulatory Framework , you skipped the middle sentence of that paragraph where it say s, “The first proponent, Seabased, is exploring the development of a wave power park.” Was that skipped intentionally, or did you just omit that when reading your Statement?
Hon. Jason Hayward: It was neither skipped intentionally nor omitted. That is not the feature of . . . that sentence is not a feature of my Statement. And so, that Statement has been corrected in the Statements that were distributed to Members of Parliament.
Mr. Scott PearmanSupplementary. The Deputy Speak er: Continue. Go ahead. SUPPLEMENTARIES
Mr. Scott PearmanThank you. Are we to conclude from [your response] that Seabased , in fact, is no longer exploring the development of a wave power park? Hon. Jason Hayward: Mr. Deputy Speaker, the Member cannot ask a question o n something that is not a feature of the Statement.
The Deputy SpeakerDeputy SpeakerYes, Member, the corrected Statement was sent out. You probably have the old one.
Mr. Scott PearmanI mean, with respect, Mr. Deputy Speaker, I will take your guid ance. But if a Statement is given to the House and it is in the . . . I can ask about. I am not sure why he does not want to answer the question either. Bermuda House …
I mean, with respect, Mr. Deputy Speaker, I will take your guid ance. But if a Statement is given to the House and it is in the . . . I can ask about. I am not sure why he does not want to answer the question either.
Bermuda House of Assembly The Deputy Speaker: No, no, no, no, no. That r eport—
[Inaudible interjections]
The Deputy SpeakerDeputy SpeakerMr. Pearman, please withdraw that comment. One thing about this Minister, he an-swers all questions . Right? Do not go there.
Mr. Scott PearmanThere are ot her questions and other things to deal with.
The Deputy SpeakerDeputy SpeakerAll right. Please. QUESTION 3 ECONOMIC RECOVERY PLAN UPDATE
Mr. Scott PearmanThank you. Also, on page 3 of 4, you deal with the issue of healthcare, and you suggest that Universal Hea lth Coverage [UHC] is advancing with five priority pr ojects. You then list five priority projects. It is right, isn’t it, that none of those projects actually advance Universal …
Thank you. Also, on page 3 of 4, you deal with the issue of healthcare, and you suggest that Universal Hea lth Coverage [UHC] is advancing with five priority pr ojects. You then list five priority projects. It is right, isn’t it, that none of those projects actually advance Universal Health Coverage?
Hon. Jason Hayward: Mr. Deputy Speaker, the Mi nister of Healt h has indicated a roadmap to Universal Health Coverage. Those are key features of that particular roadmap, and they will advance us in getting to the position that the Government desires.
Mr. Scott PearmanOne of those projects is to “Agree Our Starting Points.” Wouldn’t that be a necessary first step of any project? Hon. Jason Hayward: Yes, if we fail to plan, we . . . [Laughter] Hon. Jason Hayward: Correct. And so, a key portion of any project will be ensuring that …
The Deputy SpeakerDeputy SpeakerMr. Pearman, it is getting [close] to 12:30, it is there. I don’t know if you want to finish . . . I ha ve 30 more minutes on the [Statements].
The Deputy SpeakerDeputy SpeakerOkay. Yes, I did not put it t o the 60, but I am aware of that. Hon. Walter H. Roban: Mr. Deputy Speaker, I move that we adjourn until 2:00 pm.
The Deputy SpeakerDeputy SpeakerWe are adjourning for lunch and we will return at two o’clock. And we have 30 minutes left —
Mr. Scott PearmanMr. Deputy Speaker, sorry, if I could correct what I said. It is not necessarily 30 minutes. It is the period of one hour, total.
The Deputy SpeakerDeputy SpeakerNo, I know . . . No, please, I know what I am saying. There are 30 minutes left. If you finish before, then it is finished. But there are 30 minutes left in the Question Period. Proceedings suspended at 12:31 pm Proceedings resumed at 2:01 pm [Hon. Dennis P. …
The SpeakerThe SpeakerGood afternoon, Members. Welcome back. [Gavel] The Spe aker: The House is now back in session. I understand that when we broke for lunch we were on the Question Period still. The clock has 31:26 remaining in the Question Period. And I am informed that we were doing questions on …
Good afternoon, Members. Welcome back.
[Gavel] The Spe aker: The House is now back in session. I understand that when we broke for lunch we were on the Question Period still. The clock has 31:26 remaining in the Question Period. And I am informed that we were doing questions on the Statement from the Minister of Economy and Labour. MP Pearman, did you have the floor for questions?
176 9 December 2022 Official Hansard Report
Bermuda House of Assembly Mr. Scott Pearman: Thank you, Mr. Speaker. I think when we rose I was on my third question.
The SpeakerThe SpeakerOkay. QUESTION PERIOD [Continuation thereof] QUESTION 3: ECONOMIC RECO VERY PLAN UPDATE
Mr. Scott PearmanAnd I believe that the Honour able Minister was just answering the third question in relation to his Statement on the Update on the Ec onomic Recovery Plan, and I believe he was addres sing the answer to the question at p age 3 or 4 in the middle paragraph …
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, that question was answered before we [suspended for lunch] .
Mr. Scott PearmanThank you. In which case I believe I have two supplementaries.
The SpeakerThe SpeakerSupplementaries? Yes, you can put your supplementaries. SUPPLEMENTARIES
Mr. Scott PearmanThank you. Honourable Minister, in relation to Universal Health Coverage, when is it anticipated that we might achieve that?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, the Minister of Health has outlined the priority areas in terms of a roadmap on how we move forward. She has indicated that this is a long journey. And so it would not be pr udent for me to give an actual completion date, …
Minister. Hon. Jason Hayward: Mr. Speaker, the Minister of Health has outlined the priority areas in terms of a roadmap on how we move forward. She has indicated that this is a long journey. And so it would not be pr udent for me to give an actual completion date, as there are a number of phases to get to Universal Health Coverage. And they are making significant strides moving through those phases.
Mr. Scott PearmanThank you. No sec ond suppl emental. That was my third question. Thank you, Mr. Speaker.
The SpeakerThe SpeakerOkay. Thank you. Does any other Member have questions? MP Dunkley and the Opposition Leader, I see your names here. You have not put yours yet, right? [Inaudible interjection]
The SpeakerThe SpeakerOkay. And I see your name on there for it. So, Opposition Leader. QUESTION 1: ECONOMIC RECOVERY PLAN UPDATE Hon. N. H. Cole Simons: On page 1 of the Stat ement, it says, “the Ministry of Finance is predicting annual growth between 2.5 per cent and 4.5 per cent for …
Okay. And I see your name on there for it. So, Opposition Leader.
QUESTION 1: ECONOMIC RECOVERY PLAN UPDATE Hon. N. H. Cole Simons: On page 1 of the Stat ement, it says, “the Ministry of Finance is predicting annual growth between 2.5 per cent and 4.5 per cent for 2022 . . . .” Can the Minister tell us how the Mini stry of Finance arrived at those numbers?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, I think that question is best suited for the Minister of Finance. I am not aware of the accounting methods used, but certainly the Minister and the Ministry of Finance would have looked at the economic indicators to determine what trajectory our economy was …
The SpeakerThe SpeakerSupplementary? Hon. N. H. C ole Simons: No supplementary.
The SpeakerThe SpeakerNew question, second question? Hon. N. H. Cole Simons: Yes.
The SpeakerThe SpeakerGo ahead. QUESTION 2: ECONOMIC RECOVERY PLAN UPDATE Hon. N. H. Cole Simons: Can the Minister give the same expectations for our touris m industry?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: As the Minister responsible for the government’s official statistics, I do not put out forecasts. The Ministry of Finance puts out forecasts. So, it would be inappropriate for me to forecast the performance of our tourism industry. But that data will be captured in the tourism …
Minister.
Hon. Jason Hayward: As the Minister responsible for the government’s official statistics, I do not put out forecasts. The Ministry of Finance puts out forecasts. So, it would be inappropriate for me to forecast the performance of our tourism industry. But that data will be captured in the tourism satellite account, and once that is produced, that will give us a clear indication of how our tourism industry has performed.
The SpeakerThe SpeakerOkay. No further questions? Thank you. MP Dunkley, did you ask yours before? No? Okay. Go ahead. Bermuda House of Assembly QUESTION 1: ECONOMIC RECOVERY PLAN UPDATE Hon. Michael H. Dunkley: Thank you, Mr. Speaker. To the Honourable Minister, on page 2 the Honourable Minister mentioned “the Shoreside Fish Processi …
Okay. No further questions? Thank you. MP Dunkley, did you ask yours before? No? Okay. Go ahead.
Bermuda House of Assembly QUESTION 1: ECONOMIC RECOVERY PLAN UPDATE
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. To the Honourable Minister, on page 2 the Honourable Minister mentioned “the Shoreside Fish Processi ng Facility is in advanced stages of planning and consultation.” When does the Honourable Mini ster feel that this planning and consultation period will actually end?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, this Statement highlights an overall update on 31 priority initiatives. We give out updates as the initiatives are actually progressing, and we do it on a monthly basis. The extent of the update that we are able to share with the public is what …
Minister.
Hon. Jason Hayward: Mr. Speaker, this Statement highlights an overall update on 31 priority initiatives. We give out updates as the initiatives are actually progressing, and we do it on a monthly basis. The extent of the update that we are able to share with the public is what we put in the public domain. So I do not have an exact date as to when the project will be completed. But I am reporting today that significant progress has been made for the completion of the project.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY Hon. Michael H. Dunkley: Yes, supplementary. Mr. Sp eaker, I am not asking for a date on the completion of the project, just when the planning and the consultation stage will end.
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: I will inform this Honourable House through the updates to the portal that speak to the progress made on each of these initiatives.
The SpeakerThe SpeakerSecond supplementary or a new question? No further questions? Thank you. Minister, that is the end of indication of Members who wanted to put questions with regard to that Statement. However, there is an indication of a question for your second Statement, and that is from MP Pearman. QUESTION 1: …
Mr. Scott PearmanThank you, Mr. Speaker, and thank you, Honourable Minister. I have a few ques-tions on your Statement headed Department of Financial Assistance [Annual Report 2021/22], which you gave the House this morning. On the front page of that Statement, you refer to some significant results, and there are a number …
Thank you, Mr. Speaker, and thank you, Honourable Minister. I have a few ques-tions on your Statement headed Department of Financial Assistance [Annual Report 2021/22], which you gave the House this morning. On the front page of that Statement, you refer to some significant results, and there are a number of lettered items [that follow ]. My question is about “(g) continued activities to advance Financial Assi s-tance Reform initiatives . . . .” Could you assist us in the House as to what is the most important reform of Financial Assistance, as you see it?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, I thank the Honourable Member for that question. As I see it, the most significant way in which we will reform Financial Assi stance is to empower people to live independent lives, those able- bodied unemployed individuals, to close the bridge between their desire …
Minister.
Hon. Jason Hayward: Mr. Speaker, I thank the Honourable Member for that question. As I see it, the most significant way in which we will reform Financial Assi stance is to empower people to live independent lives, those able- bodied unemployed individuals, to close the bridge between their desire to work and the skill sets that are demanded in the labour market so that they can take advantage of opportunities that exist. Personal employment plans will be a significant step to allowing individuals to achieve their employment goals, and that is probably one of the most significant reform initiatives that we have in front of us today.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY
Mr. Scott PearmanThank you. Supplementary. Thank you, Honourable Minister. In terms of the reforms that you are envisaging, are you looking at reforming the issue of people who are excluded or received reduced financial assi stance by reason of home ownership?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: I think the Member is referring to eligib ility requirements. At this point in time, we will be looking at changing eligibility requirements so that a greater pool of persons can take advantage of F inancial Assistance services and benefits. However, I do not believe that …
Minister.
Hon. Jason Hayward: I think the Member is referring to eligib ility requirements. At this point in time, we will be looking at changing eligibility requirements so that a greater pool of persons can take advantage of F inancial Assistance services and benefits. However, I do not believe that the reform would be for able - bodied persons who are homeowners to take advantage of financial assistance. Mr. Speaker, you would note, though, that individuals over the age of 65 who are homeowners can still take advantage of Financial Assistance benefits.
The SpeakerThe SpeakerThank you. Supplementary number two? Oh— MP Jackson, would you like to put a suppl ementary?
The SpeakerThe SpeakerGo right ahead. SUPPLEMENTARY
Ms. Susan E. JacksonI would just like to ask the Minister if he has an update on the increases that were suggested according to the rise in inflation? 178 9 December 2022 Official Hansard Report Bermuda House of Assembly There was a comment a few months ago by the Mini ster that he …
I would just like to ask the Minister if he has an update on the increases that were suggested according to the rise in inflation? 178 9 December 2022 Official Hansard Report
Bermuda House of Assembly There was a comment a few months ago by the Mini ster that he was going to increase some of the pa yments based on inflationary increases.
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Thank you. The schedule of allowable expenses, Mr. Speaker, refers to nutrition tables provided by the Mi nistry of Health. The Ministry of Health and the Ministry of Economy and Labour are working to finalise that nutrition table. Once that nutrition tabl e is finalised, all …
The SpeakerThe SpeakerThank you, Minister. Any further supplementary? Mr. Pearman, your second supplementary.
Mr. Scott PearmanYes. Still on the question of Financial As sistance reform initiatives.
Mr. Scott PearmanTo what extent is the Minister considering the interplay between claims for Financial Assistance and those who have health, and in partic ular mental health, claims and assis tance in that r egard?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Those persons who suffer from mental health issues that can be classified as a disability that will prevent those individuals from wor king, [there is] sufficient coverage already billed wit hin the system to provide provisions for those individuals.
The SpeakerThe SpeakerThank you. That was your second supplementary. Do you have a second question?
The SpeakerThe SpeakerPut your question. QUESTION 2: DEPARTMENT OF FINANCIAL ASSISTANCE ANNUAL REPORT
Mr. Scott PearmanStill on the same Statement over on the second page where you deal with the issue of the supplementary unemployment benefit fund. I think the House understands from the Statement given by the Premier today t o the House that this will be coming to an end. So, my question …
Still on the same Statement over on the second page where you deal with the issue of the supplementary unemployment benefit fund. I think the House understands from the Statement given by the Premier today t o the House that this will be coming to an end. So, my question is where you say, “As at March 2022, [a total of] 58 persons remained eligi-ble for receipt of the Supplemental Unemployment Benefit . . . .” It is now obviously [December] 2022. Has that now c eased, those eligibilities ceased? Or are they about to cease, and if so, when?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, the Statement refers to March 2022 because that is the end of the fiscal period. And I am putting forward the Statement in alignment with the Annual Report. However, the benefit is continued to March 31, 2022. And there was no intention to continue …
The SpeakerThe SpeakerFirst supplementary on the second question? SUPPLEMENTARIES
Mr. Sc ott PearmanYes. So, Minister, I think I have understood you to say that the March 2022 benefit then has lapsed or will lapse? Which is it?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: The benefit continued until November 2022. However, as reported in th e Stat ement, the number is up until March 2022 because the Statement highlights matters from the Annual Report, and the fiscal period would have closed March 2022.
Mr. Scott PearmanSo the period from March 2022 to November 2022, that is now a closed period? It is not going to continue beyond November 2022, or will it?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: The answer is the benefits discontinued on November 30, 2022.
The SpeakerThe SpeakerYes. End of your supplementaries for your second question. Do you have a third question?
Mr. Scott PearmanI do not have a third supplementary [sic], thank you.
The SpeakerThe SpeakerNo, a third question? Bermuda House of Assembly Mr. Scott Pearman: Excuse me. No. I do not have a third question either. Thank you, Mr. Speaker.
The SpeakerThe SpeakerOkay. Thank you. That looks like it brings us to an end of the Question Period. There are no other Members who have— Hon. Michael H. Dunkley: Mr. Speaker, there are just two points I want to put down during Question Period. [I am] still waiting for outstanding answers on …
The SpeakerThe SpeakerOkay. The Minister obligated last week to bring an update on . . . I can’t remember the actual matter, but she is looking into it to bring the information from that piece. And the other piece has been discussed. Hon. Michael H. Dunkley: With the penalty clause, yes.
The SpeakerThe SpeakerYes. Right. Hon. Michael H. Dunkley: Those two items.
The SpeakerThe SpeakerRight, the penalty clause. That is what it was. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Hon. Kim N. Wilson: Good afternoon, Mr. Speaker. I can advise this Honourable House that there is a penalty clause contained in the resQwest contract.
The SpeakerThe SpeakerOkay. Thank you. I do not think we—I cannot remember the process for follow up. It was basically out of a court esy just now that we did it, because we normally do not allow that. Normally, they would have shared the i nformation. The Mi nister could have just …
Okay. Thank you. I do not think we—I cannot remember the process for follow up. It was basically out of a court esy just now that we did it, because we normally do not allow that. Normally, they would have shared the i nformation. The Mi nister could have just forwarded the information to you. The obligation was to share the information with you so that you would have had it as a follow -up to last week’s question. The information would have been shared, and you could have asked the Ministe r to go from there. But we do not have it where it is followed up on the floor in this process, like now, as now. But the answer is from last week, which is what the Minister was asked to get; she has shared it with you.
Hon. Michael H. Dunkley: Okay. Tha nk you, Mr. Speaker. I accept your ruling. But I would have had a supplementary last week. And I will message the Mi nister directly with any further questions.
The SpeakerThe SpeakerOkay. No problem. Hon. Kim N. Wilson: I invite the Honourable Member to issue the questions in accordance with the rules as it relates to Question [Period].
The SpeakerThe SpeakerAll right. All right. It is either/or in a sense, meaning the follow -up was not able to be done here in the House. But you did make the commitment to provide the foll ow-up. You provided the follow -up. And if there is a question from that, he has …
All right. All right. It is either/or in a sense, meaning the follow -up was not able to be done here in the House. But you did make the commitment to provide the foll ow-up. You provided the follow -up. And if there is a question from that, he has asked that he just submit the question to you rather than go through the process of the House.
[Inaudible interjection]
The SpeakerThe SpeakerAll right. Thank you. Members, we will move on. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerDoes any Member wish— I note the Deputy Speaker . . . I mean Deputy Premier; I am sorry. [Laughter]
The SpeakerThe SpeakerDeputy Premier, go right ahead. Hon. Walter H. Roban: Thank you, Mr. Speak er. I rise with a bit of a heavy heart to ask that the House note the passing of Mr. Cedric Tweed, a res ident of Long Ridge Pass, 36 Long Ridge Pass, Pembroke. He died a …
Deputy Premier, go right ahead. Hon. Walter H. Roban: Thank you, Mr. Speak er. I rise with a bit of a heavy heart to ask that the House note the passing of Mr. Cedric Tweed, a res ident of Long Ridge Pass, 36 Long Ridge Pass, Pembroke. He died a few days ago. He was known to a number of people in this House. He was a veteran of our armed forces. He was the patriarch of the Tweed family, of which some notable members who we know of publicly are, one being the brother of Rev. Dr. Kingsley Tweed , well known historically to many in Bermuda, and the uncle to Rev. Nicholas Genevieve Tweed. [It is a] well -known family in the North Shore– North Village area, and [he was] also a relative of mine as well, distant relative, but a relative all the same of which we did acknowledge our family co nnections. It is just very sad to hear because he was one person who, through the full extent of my parli amentary career , I have either dealt with or seen. From the very moment I began to campaign and run it was a household I visited regularly. And it is just very sad to hear that he had passed. But I wish to have the House take note of his passing and [send] condolences to the whole family. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerNoted. Thank you. MP Swan, you have your three minutes.
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. 180 9 December 2022 Official Hansard Report Bermuda House of Assembly Mr. Speaker, it is with sadness that I bring condolences on the passing of the late Herman Basden. Mr. Speaker, my —
The SpeakerThe SpeakerI think you should associate the whole House.
Mr. Hubert (Kim) E. SwanI will associate the whole House with the remarks that I bring wi th regard to Mr. Basden, who provided outstanding service as a civil servant, as a top civil servant, Director of PTB [Public Transportation Board], a gentleman who worked his way up from a mechanic to the post …
I will associate the whole House with the remarks that I bring wi th regard to Mr. Basden, who provided outstanding service as a civil servant, as a top civil servant, Director of PTB [Public Transportation Board], a gentleman who worked his way up from a mechanic to the post that he went away and trained for. He made sure that he left England finally with a degree in Transportation Economics from London University, of which he told me many, many times. He was very proud of that, and he has mentored many including the current Permanent Secretary of Works, Mr. Randy Roches ter, whom he was very proud of. And I just want to say to his family how much of a great man he was and the great work that he did in his community. He was especially proud of the fact that when he came back to Bermuda from England, he got i nvolved with De vonshire Recreation Club with the late Dr. Christopher . And he and Mr. Randy Benjamin and Dr. Christopher formed quite a formidable team. He participated in educating many people through a grass -roots investment programme, Club 10. And I just want to say how much we appreciate his life. On a much happier note, I want to bring congratulations to the Town of St. George’s, the Corpor ation of St. George’s, who have been very busy. The National Trust [Christmas] Walkabout on Friday night, the Santa Is Coming to Town in St. George’s on the Saturday night. And last night the Bermy Christmas Somers Garden was an extremely festive evening that I know Honourable Members from St. George’s, Mrs. Ming, and I am sure MP Foggo in her absence, would like to be associated, I am sure, with that. But kudos to the mayor and his team both in the office and in the field, who have done yeoman’s service making sure that St. George’s is well positioned for the Christmas season and indeed the New Year that comes up. And may we march f orward into July and retain the Cup that has been resting in the West End for a few years. Thank you.
The SpeakerThe SpeakerYou have got a big Christmas miss for that. MP Scott.
Mr. W. Lawrence ScottThank you, Mr. Speaker. I rise and would like this House to send a letter of congratulations to Dashun Cooper, who has now gone to the Development Centre goalkeeping coach for Crystal Palace. I remember when I first met Dashun, who ended up becoming my goalkeeping coach, and I have …
Thank you, Mr. Speaker. I rise and would like this House to send a letter of congratulations to Dashun Cooper, who has now gone to the Development Centre goalkeeping coach for Crystal Palace. I remember when I first met Dashun, who ended up becoming my goalkeeping coach, and I have since gone on to become a semi -professional non- competitive recreational goalkeeper, took the golden glove in the Cubs Hill Methodist League. But, no, I really just want to say that —
[Inaudible interjections and laughter ]
Mr. W. Lawrence ScottSo what I want to do is really congratulate him. I remember when he told me back in 2016 that he was going to leave the bank and go into goalkeeping coaching full -time. And I thought he was crazy but look where it has taken him. His hard work …
So what I want to do is really congratulate him. I remember when he told me back in 2016 that he was going to leave the bank and go into goalkeeping coaching full -time. And I thought he was crazy but look where it has taken him. His hard work and his dedication have taken him all the way to the E nglish Premier League. And I think that this is something that we should all be proud of. He will be back on December 19. So, when you see him, please congratulate him, as this is just another example of how far Bermudians can go and Bermudian talent can go with dedication. And I am a result of his work, gone on to win a couple of championships in the Masters League. So, thank you very much, Mr. Speaker.
The SpeakerThe Speaker[INAUDIBLE] in that little section, Mr. Tyrrell. You have your three minutes, MP Tyrrell.
Mr. Neville S. TyrrellThank you very much, Mr. Speaker. Mr. Speaker, I am going to ask that this House send letters of condolence to two families from my constituency who have recently lost loved ones, and also note that the families are very close to myself as well. I will speak to one …
Thank you very much, Mr. Speaker. Mr. Speaker, I am going to ask that this House send letters of condolence to two families from my constituency who have recently lost loved ones, and also note that the families are very close to myself as well. I will speak to one of them when I get to it. The first one is Ms. Ismay Dunlop of Middle Road, Warwick. She passed two days after her 88 th birthday. I called her on the day before, and she went to the hospital, and she passed while there. The other family is the family of Carole Royer. She may be known to a lot of people in this room. They were my neighbours when I was a child on A ngle Street. They lived up in Tills Hill, and I lived on Angle Street. And Carole worked in her father’s gr ocery store that was on the corner of Court Street and Elliot Street (I think it is now Elliot Street). So, I can remember going there as a boy around the age of five with a note in my hand for the groceries that my par-ents had asked me to get. And I have to tell you how naïve I was because I thought we were getting these for free because I just went in, put the note in his hand, and he gave me my groceries. And not knowing that at the end of the week, my parents were going to get their other note, their other note.
[Laughter]
Mr. Neville S. TyrrellSo, as I said, both of these families were close to me, and I would ask that a letter of condolences be sent for them on our behalf. Thank you, Mr. Speaker. Bermuda House of Assembly The Speaker: Thank you, Mr. Whip. I just came from a funeral where a …
So, as I said, both of these families were close to me, and I would ask that a letter of condolences be sent for them on our behalf. Thank you, Mr. Speaker.
Bermuda House of Assembly The Speaker: Thank you, Mr. Whip. I just came from a funeral where a similar story was shared of how yesterday was when a child was able to go in and do such. MP Caines, you have your three minutes.
Mr. Wayne CainesIf it pleases you, Mr. Speaker. I would like to wish a happy birthday t o Karen Hudson of 15 Cedar Park Road. She is celebrating her birthday, recently celebrated her 70th birthday. Linda Brown of 12 Camden North. She celebrated her 60th birthday most recently, Mr. Speaker. Also Ms. …
If it pleases you, Mr. Speaker. I would like to wish a happy birthday t o Karen Hudson of 15 Cedar Park Road. She is celebrating her birthday, recently celebrated her 70th birthday. Linda Brown of 12 Camden North. She celebrated her 60th birthday most recently, Mr. Speaker. Also Ms. Isabel Perry of 10 Parkview Lane celebrated recently her 21st birthday. Ms. Linda Wellman, Mr. Speaker, of 5 Tribe Road celebrated her 65th birthday. Mr. Spea ker, I would like to also say Happy birthday to Ms. Cy nthia DeSilva of 11 Deepdale Road. She celebrated her 85th birthday. and Mr. Leonard Greb e of 58 Frizzle ’s Road celebrated his 88th birthday. Ms. Ella Dill Griffith of 47 Happy Valley Road celebrated her 93rd birthday recently, Mr. Speaker. And David Stevens of 13 Ha ppy Dale Road celebrated his birthday, Mr. Speaker. Also Mr. Derek Wellman of 5 Tribe Road ce lebrated his 60th birthday recently. And Ms. Rosalind Francis, she celebrated her 70th birthday. Mr. Joseph Trott of 6 Border Lane celebrated his 75th birthday. And Ms. Jameila Henry, s he is of 20 Deepdale—
[Inaudible interjection]
Mr. Wayne CainesYes, this is December. These are all the December birthdays, Mr. Speaker. Mr. Speaker, I would like to also send congratulations to the members of Alpha Phi Alpha Fr aternity, Incorporated — [Desk thumping]
Mr. Wayne Caines—who recently celebrated 116 years of service, “Manly Deeds, Scholarship, and Love for all Mankind.” The Bermuda Chapter, Mr. Speaker, was formed in 1950. And we have a number of community -based events in Bermuda. On Sunday we had a dinner and a number of the brothers from the local …
—who recently celebrated 116 years of service, “Manly Deeds, Scholarship, and Love for all Mankind.” The Bermuda Chapter, Mr. Speaker, was formed in 1950. And we have a number of community -based events in Bermuda. On Sunday we had a dinner and a number of the brothers from the local chapter got together. We were privileged to have our brother Dr. Bert McPhee, who is [96] years old, who became an Alpha 75 years ago. So, it was a privilege to spend some time with him. The Bermuda Chapter was formed in 1950, and we learned the hi story of the men in Bermuda who did so much for universal adult suffrage, education, law. So, we are ex-cited to celebrate this opportunity of service —116 years of service, Mr. Speaker.
The SpeakerThe SpeakerThank you. MP Richardson, you have your three minutes.
Mr. Anthony RichardsonGood afternoon, Mr. Speaker, to colleagues and those in the listening audience.
Mr. Anthony RichardsonI want to offer congratul ations in a few areas. One is a belated birthday co ngratulations to Mr. Ronnie Burchall who had his birt hday last week Saturday. [Desk thumping]
Mr. Anthony RichardsonHe is a stalwart for sure in [constituency] 7 when it comes to canvassing. I want to generally congratulate what I call the Number 7 Vi llage in terms of, we had as we t alked about before several deaths in the area. And they decided to hold a vigil, …
He is a stalwart for sure in [constituency] 7 when it comes to canvassing. I want to generally congratulate what I call the Number 7 Vi llage in terms of, we had as we t alked about before several deaths in the area. And they decided to hold a vigil, and they were able to put together the entire event within a few days. So, I want to commend ev eryone who came to be a part of that and to remember those who have died suddenl y. I want to add my condolences but also my recognition to Mr. Basden and his Club 10. What he did, rather than have a Club hand is that he used to have persons put money t ogether. And then from that built a relatively substantial financial base upon whic h persons were able to invest and otherwise learn about economics. Now, Mr. Speaker, I would like to take a little bit more time to say congratulations to a public ser vant, one of my constituents, one whom I know very well who has just completed a seven- year journey in education. They went through the process of studying for a Doctor of Education in Educational Leadership from Seton Hall University in New Jersey. And based on the convenience of technology, I was pleased to attend yesterday at 11:00 am. I w as able to participate and to see how it went. The dissertation was entitled “Principal Self -Efficacy and Self -Reported Resilience Strategies: An Investigation of Bermuda School Pri ncipals.” That is a mouthful. But it was a study of Bermuda principals and what they believe in in terms of the strength that is necessary to excel. And as Mini ster Rabain always refers to, to ensure that the school system, both public and private, is strengthened. The constituent is also a Berkeleyite, as I was reminded this morning. And I will say quite pleasingly that the person is none other than Mrs. Holly R. Ric hardson, the current Principal of Prospect Primary. So, she is now our newest “ Doctor ” within the context of Bermuda. Thank you.
[Desk thumping]
The SpeakerThe SpeakerThank you, Member. Does any other Member? MP Famous, I saw you spring to your feet down there pretty quickly that time. 182 9 December 2022 Official Hansard Report Bermuda House of Assembly Mr. Christopher Famous: Yes, Mr. Speaker.
The SpeakerThe SpeakerYou have your three minutes.
Mr. Christopher FamousYes, Mr. Speaker. Yes. Mr. Speaker, I just want to give reme mbrance to those who stood firm on December 2, lest we forget. Mr. Speaker, I want to speak today [about the passing of] a daughter of Devonshire. Betty Charles Robinson, daughter of Pearl Ming and Tom Charles. Relative …
Yes, Mr. Speaker. Yes. Mr. Speaker, I just want to give reme mbrance to those who stood firm on December 2, lest we forget. Mr. Speaker, I want to speak today [about the passing of] a daughter of Devonshire. Betty Charles Robinson, daughter of Pearl Ming and Tom Charles. Relative to the Ming family, the Woolridge family, the Charles family and the Famous family. Cousin to Reggie Ming, Dr. Derrick Binns, Dr. Danette Ming, Nana Peggy [Burns], Dame Lois Browne- Evans, C. V. “Jim” Woolridge, Minister Jason Hayward, Minister Kim Wilson, fo rmer Minister Quinton Edness, Premier Burt and Clerk of the Legislature, Ms. Shernette Wolffe. A true daughter of the soil. Mr. Speaker, I also want to give congratul ations to Honourable Roosevelt Skerrit of the Dominica Labour Party, our sister labour party, who won an election again, 19– 2, two days ago. Let that sink in, Scott. (Oh, he is not here.)
[Laughter]
Mr. Christopher FamousMr. Speaker, before someone was a Berkeleyite, they went to Elliot. And before they went to Elliot, their first student was me! My babysitter, Dr. Holly Richardson, I want to congratulate her. I know the previous Member was very efficient, but he forgot one thing. He said “Mrs. Holly.” We …
Mr. Speaker, before someone was a Berkeleyite, they went to Elliot. And before they went to Elliot, their first student was me! My babysitter, Dr. Holly Richardson, I want to congratulate her. I know the previous Member was very efficient, but he forgot one thing. He said “Mrs. Holly.” We must say “Dr. Holly Richardson” from now on. And you must also say, “Dr. Holly Richar dson, Gold House. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Opposition Whip, you have the floor.
Mr. Jarion RichardsonThank you, Mr. Speaker. I rise to bring condolences to the Outerbridge family who lost their son [Keni Outerbridge] in a t ragic shooting on Ord Road and Tribe Road. And I assoc iate Members of the House. As we continue to lose our young men to the blight that …
Thank you, Mr. Speaker. I rise to bring condolences to the Outerbridge family who lost their son [Keni Outerbridge] in a t ragic shooting on Ord Road and Tribe Road. And I assoc iate Members of the House. As we continue to lose our young men to the blight that is violent crime, we must not forget that when we lose them, we lose all of their potential as well. His potential was demonstrated in a number of ways, and we express our condolences to the Outerbridge family on their loss. Thank you.
The SpeakerThe SpeakerNoted. And I did note you included the House. Minister, it looks like no one is competing for you today. You have got your s pot.
Lt. Col. Hon. David A. BurchI would like to be associated with the condolences to the family of Colour Sergeant Cedric Tweed— [Desk thumping]
Lt. Col. Hon. D avid A. Burch—whom I found in the Regiment when I went in 1977 and left in the Regiment in 1997. He served well beyond the mandatory retirement age and was an outstanding soldier.
Lt. Col. Hon. David A. BurchSo, I extend condolences to his family. On a happier note, I thought the Minister of Education was going to go before me, but since he has not, he will have to associate. I attended Purvis Primary’s Christmas presentation last night probably for the 12 th or something year in …
So, I extend condolences to his family. On a happier note, I thought the Minister of Education was going to go before me, but since he has not, he will have to associate. I attended Purvis Primary’s Christmas presentation last night probably for the 12 th or something year in a r ow. Mr. Speaker, it is always the most uplifting, enjoyable, entertaining occasion for primary school students because even though they are innocent and pure, many of them have a mind of their own. And whilst they have learnt the process for the programme, they still add their own individual flair. Motown Christmas was the theme. And, Mr. Speaker, I can tell you that it just was magnificent. You had young people, so primary school children. Hopefully, the Minister remembers her name. This child could sing, and sang magnificently last night, as well as you had drummers, you had males who sang, you had young people, boys and girls, who lip- synced some of the Motown songs. It was just such an uplif ting occasion. I would have normally be irritated having gone there because whoever put it in my diary put it for six o’clock. So I raced to Purvis for six o’clock, where I found three people standing outside.
Lt. Col. Hon. David A. BurchBut, Mr. Speaker, it made my day. It really is just impressive. The smallest boy in the school was just —he knew all the steps, but he still had his own mind and his own way of doing things, and it was just entertaining. Bermuda House of Assembly I would …
But, Mr. Speaker, it made my day. It really is just impressive. The smallest boy in the school was just —he knew all the steps, but he still had his own mind and his own way of doing things, and it was just entertaining.
Bermuda House of Assembly I would also like to take a couple of minutes to congratulate the new Principal at Purvis, Ms. [Enid] Furbert Jacobs. She has b een there for a year and is doing an amazing job with not just the students at this school, but their parents as well. So, thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. MP Ming, you have your three minutes.
Mrs. Renee MingThank you, Mr. Speaker and listening audience. First of all, I would like to be associated with the comments of MP Swan. I have to admit St. George’s looks absolutely beautiful. And for those persons who are looking for something to do over the holiday season, it would definitely be …
Thank you, Mr. Speaker and listening audience. First of all, I would like to be associated with the comments of MP Swan. I have to admit St. George’s looks absolutely beautiful. And for those persons who are looking for something to do over the holiday season, it would definitely be worth any drive down from the west or any other part of the Island.
The SpeakerThe SpeakerIt sounds like you are inviting us down.
Mrs. Renee MingSomers Gardens has the Bermy Winter Wonderland, and your children can have fun at a fun castle as well. So, Mr. Speaker, I look forward to seeing you in St. George’s. I would like to congratulate Sheila Brown, as she has been recently appointed as a trustee of Adara Development …
Somers Gardens has the Bermy Winter Wonderland, and your children can have fun at a fun castle as well. So, Mr. Speaker, I look forward to seeing you in St. George’s. I would like to congratulate Sheila Brown, as she has been recently appointed as a trustee of Adara Development (Bermuda). For those of you who know Ms. Brown, she has an extensive career in business and finance throughout the Island. But what makes her reputation even more impeccable is the fact that she often takes time to either mentor, guide, provide support or anything like that. If you had a question [or needed help], she would do it. I had an opportunity to work with her at Butterfield, and she always availed herself to any questions that we would have had as people who were generally below her. And she would often provide guidance on banking things. She was a really good mentor not just to me, but to many. I would also like to extend a heartfelt happy birthday today to a former MP and Member of this House, Stanley Morton from Princess Estates. He celebrates his 87 th birthday.
Mrs. Renee MingOften referred to as my “bo yfriend.” But also, another person who, especially when he could, would give you lots of information about pol itics, about this House. And he always has stories about his time and what he did during his time in pol itics and how he got …
Often referred to as my “bo yfriend.” But also, another person who, especially when he could, would give you lots of information about pol itics, about this House. And he always has stories about his time and what he did during his time in pol itics and how he got there and the hard wor k, and even some of the challenges and the triumphs during his period. So, I definitely would like to wish him Happy 87 th birthday!
The SpeakerThe SpeakerThank you, MP Ming. Minister Rabain, you have your three minutes. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the comments for Purvis Primary. I can echo Mi nister Burch’s words. It was a phenomenal display of our schoolchildren’s talents. …
Thank you, MP Ming. Minister Rabain, you have your three minutes. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the comments for Purvis Primary. I can echo Mi nister Burch’s words. It was a phenomenal display of our schoolchildren’s talents. What should not be lost on that is that this is the first time in two years that our schools have been able to come together in such a fashion. And the way that this Christmas extravaga nza was organised, it involved parents and the crowd getting up and interacting with what was going on as well. So well received! The childr en were phenom enal, and everyone was absolutely excited. I also want to echo the comments about the principal of Purvis, who happens to be leading our system transformation team up there at Purvis, which will become one of the first parish primary schools . They are doing phenomenal work being led by her, and she needs to be congratulated on that. That leads me into my second congratul ations, Mr. Speaker, for Principal of Francis Patton Pr imary, Todd Fox. As we heard announced this mor ning, he was Employee of the Year within government. Todd Fox is leading the transformation team at Francis Patton to turn Francis Patton into a parish primary school. And if anyone out there has been following the response from the public to the parish primary school concept, it has been phenomenal. We have parents from all around the Island wondering, When is it going to start for my child so we can have a P7 and a P8? And then an enhanced P1, an enhanced pre- school curriculum inserted into our education reform, Mr. Speaker. Mr. Speaker, I would also like to congratulate the winners of the Dr. Reg Grundy [Annual Youth] Photo Competition. It is another one of those things. We have been doing it online for the last two years, and we were finally able to get together at the commissioner’s house last night. Phenomenal phot ographs. For anyone who is not familiar with that com-petition, it is open from (I believe) the ages of eight all the way up to eighteen. And they have these categ ories. And the purpose of the competition is for s tudents to take pictures, whether it is with their cell phone or any other digital camera and submit them unedited. And they are judged on the various categories, the categories being family, Bermuda houses, and I believe it is nature. So, Mr. Speaker, congratul ations to them. Lastly, Mr. Speaker, I want to send hearty congratulations to the Education Reform Team that organised the M3 immersion at the Bermuda Regiment yesterday. The M3 Immersion Programme is the programme that we use to introduce our M3s i nto what signature programmes are like and give them an opportunity to see what we do, what they can get i nvolved in and what subject matter would be interesting to them so they can move on to senior school. Thank you, Mr. Speaker.
184 9 December 2022 Official Hansard Report
Bermuda House of Assembly The Speaker: Is there any other Member? Opposition Leader, you have your three minutes.
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I think things must have happened in unison in Warwick yesterday because I went to the Warwick Pre-School Christmas concert yesterday after noon. And as [Minister] Burch said, it moved everything that I had within myself to not just jump up and grab all of those children. There were 60 students who were four years old and below. They enjoyed every moment. The teachers enjoyed every moment. And the parents and grandparents, of whom I was one, enjoyed it even more! The children sang, they danced, they had a Christmas conga line. And it was very, very moving. It was my first Christmas event with my grandchild, so I thoroughly enjoyed it. And I wil l not miss any future ones. I would like to send condolences to the family of Rosemary Robbins. She recently passed. She is the sister of David White. And I extend my condolences to her family. Thank you.
The SpeakerThe SpeakerThank you, Opposition Leader. Does any other Member wish to be making comments this afternoon? There are no further congratulations or obit uary remarks this morning. Before we move on, I would just like to be associated with the birthday congratulations that were given to a former Member, a Member …
Thank you, Opposition Leader. Does any other Member wish to be making comments this afternoon? There are no further congratulations or obit uary remarks this morning. Before we move on, I would just like to be associated with the birthday congratulations that were given to a former Member, a Member whom I sat in the Chamber with, Mr. Stanley Morton. MP Ming, thank you for bringing that to our attention. I had overlooked that one. But I would like to make sure we warmly wish him a great birthday. And in doing so, I am reminded that another former Member and a mentor of mine, Mr. Walter Roberts, will be celebrating his birthday early next week. I would just like to have the House acknowledge him for his birthday as well. I see comments from here, so I am sure others are in support of that. Th ank you. This brings us to a close of the congratulatory and obituary speeches. We will now move on.
MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE H OUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerAs you will see, the first three items on the O rder Paper are actually items that were done last week. But because of the early close of the House, we did not get to do the third readings of those matters. So we are going to do the third …
As you will see, the first three items on the O rder Paper are actually items that were done last week. But because of the early close of the House, we did not get to do the third readings of those matters. So we are going to do the third readings of those three matters first, and then we will move on t o the second readings of the items, starting at [Order] No. 4. The first item to be done would be the Customs Tariff Amendment (No. 4) Act. And the third reading is going to be done by the Deputy Premier. Deputy Premier.
Hon. Walter H. Roban: Thank you, Mr. Speaker. On behalf of the Honourable Premier and Mi nister of Finance, Mr. Speaker, I move that the Bill ent itled the Customs Tariff Amendment (No. 4) Act 2022 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections? There are none. BILL THIRD READING CUSTOMS TARIFF AMENDMENT (NO. 4) ACT Hon. Walter H. Roban: I move that the Bill now be passed.
The SpeakerThe SpeakerThe Bill has been read by its title only and has now passed. [Motion carried: The Customs Tariff Amendment (No. 4) Act was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. The second is actually yours as well. Hon. Walter H. Roban: Yes.
The SpeakerThe SpeakerWould you like to proceed with that? Bermuda House of Assembly Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled Fuels Amendment Act 2022 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections? There are none. Continue. BILL THIRD READING FUELS AMENDMENT ACT 2022 Hon. Walter H. Roban: I move that the Bil l be now passed.
The SpeakerThe SpeakerMembers, the Bill has been read by its title only and has now passed. [Motion carried: The Fuels Amendment Act 2022 was read a third time and passed.]
The SpeakerThe SpeakerAnd the third matter from last week is in the name of the Minister of Education. Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, I move that Bill entitled the Bermuda Educators Council Amendment Act 2022 be now read for the third time by its title only.
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Minister. BILL THIRD READING BERMUDA EDUCATORS COUNCIL AMENDMENT ACT 2022 Hon. Diallo V. S. Rabain: Mr. Speaker, I move that the Bill now be passed.
The SpeakerThe SpeakerMembers, the Bill has been read by its title only and is now passed. [Motion carried: The Bermuda Educators Council Amendment Act 2022 was read a third time and passed.]
The SpeakerThe SpeakerThank you. We now move on to [Order] No. 4, which is the second reading of the Bermuda Immigration and Protection Amendment Act 2022 in the name of the Minister of Economy and Labour. Minister. Hon. Jason Hayward: Mr. Speaker, I move that the Bill entitled the Bermuda Immigration and …
The SpeakerThe SpeakerAre there any objections? There are none. Minister, I trust you will get past the first ball today. [Laughter] BILL SECOND READING BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2022 Hon. Jason Hayward: Mr. Speaker, Members will recall that on November 18, 2022, via a Ministerial Statement, I tabled in this …
Are there any objections? There are none. Minister, I trust you will get past the first ball today.
[Laughter]
BILL
SECOND READING
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2022
Hon. Jason Hayward: Mr. Speaker, Members will recall that on November 18, 2022, via a Ministerial Statement, I tabled in this Honourable House the Bill entitled the Bermuda Immigration and Protection Amendment Act 2022 and indicated that the purpose of the Bill was to clarify the operation of the unrestric ted period of residence of visitors to Bermuda. Mr. Sp eaker, to avoid any confusion, the Bill assists in making clear in the Bermuda Immigration and Protection Act 1956, section 28(2), that the “unr estricted period of residence” for visitors to Bermuda will be from six months from the date the visitor lands in Bermuda, to be a cumulative maximum period of six months in any 12- month period from the first arrival date within that 12- month period. Mr. Speaker, currently a visitor can remain in Bermuda for a maximum of 180 days. The Bill will r emove the ability f or visitors to remain in Bermuda b eyond their allowed length of stay, thereby circumventing immigration control. It will also remove the ability for visitors to leave Bermuda and return the next day and start the counting anew for another six -month period. Mr. Speaker, monitoring visitor stays comes under the direction and remit of the Compliance Section of the Department of Immigration, aided by the new border management system [BMS]. The team will be able to proactively address potential issues when visitors have reached or are about to reach the allowed length of stay of 180 days. Mr. Speaker, there is an upgrade to the BMS. To accommodate calculating each visitor’s allowed length of stay, it is not anti cipated that visitors will be in breach of BIPA [Bermuda Immigration and Protection Act], thereby negating the need for investigations or deportations. However, if visitors have remained in Bermuda—for example, for several years —the natural justice process will be fol186 9 December 2022 Official Hansard Report
Bermuda House of Assembly lowed before a decision to direct them to leave is rendered by the Minister. Such persons should be given limited time to settle their affairs and leave Bermuda and will likely be placed on the stop list for at least seven years. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any Member wish to speak? I recognise the Honourable Opposition Whip. You have the floor.
Mr. Jarion RichardsonYes. Thank you, Mr. Speaker. The Opposition supports the Government’s amendment to ensure that immigration controls are complied with. We are very mindful that we are looking for more people to stay on the Island, but we are certainly not accepting illegal overstays. There is a lot that has to …
Yes. Thank you, Mr. Speaker. The Opposition supports the Government’s amendment to ensure that immigration controls are complied with. We are very mindful that we are looking for more people to stay on the Island, but we are certainly not accepting illegal overstays. There is a lot that has to be done to manage the population, and obviously Bermuda accepts a great deal of liability every time someone visits. So it is important that we manage who is on the Island and make sure that they are contributing to our economy at all times. With that being said, Mr. Speaker, I do have a question for the Minister, if he could speak to the bor-der managem ent system upgrade and when it will be complete. I believe his Ministerial Statement had raised that this amendment will not come into force until the BMS system is upgraded. Yes. That is all I have to say. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? MP Lister, you have the floor.
Mr. Dennis Lister IIIGood afternoon, Mr. Speaker. Good afternoon to fellow colleagues and the listening audience. My comment is going to be brief and short in support of this Bill, Mr. Speaker. First of all, the Bermuda Immigration and Protection Act, in the name itself it states “Protection Act.” We should be doing …
Good afternoon, Mr. Speaker. Good afternoon to fellow colleagues and the listening audience. My comment is going to be brief and short in support of this Bill, Mr. Speaker. First of all, the Bermuda Immigration and Protection Act, in the name itself it states “Protection Act.” We should be doing as much as we can to protect our residents and those within our borders. Mr. Speaker, as the Minister mentioned, at present there are loopholes in the present Act, where a person can come to Bermuda, stay here for five months and three weeks, leave for 24 hours and come back. And they can resume their stay here, outside of being a worker or having a work perm it, outside of being a visitor for the legal period of time. So, this amendment, Mr. Speaker, closes that loophole. And I think it is common sense. Again, we must do what we can to protect our residents here on this Island if that means that a person who now comes, they stay for their six -month period, within 12 months they are not able to return again. And, Mr. Speaker, I support this. I think we should be looking at ways that we can close these loopholes to support and protect our local Bermudians. And w ith that, I support this and commend the Minister for bringing this. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? None? Minister. Hon. Jason Hayward: Mr. Speaker, the BMS system is in place. What we are doing is making modifications to the system so that it can do the cumulative tracking. We are going to do …
Thank you. Does any other Member wish to make a contribution at this time? None? Minister.
Hon. Jason Hayward: Mr. Speaker, the BMS system is in place. What we are doing is making modifications to the system so that it can do the cumulative tracking. We are going to do it in a phased approach. So the initial assessment was four to six months. But the work had already commenced prior to this Bill m oving forward because we want to ensure that, before we put the Bill forward there was the ability to track, so we are well within the four -to-six-month period. With that, answering the question that came from the Member from the Opposition, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you. Members, the Bill will be committed. Deputy Speaker. House in Committee at 2:55 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL BERMUDA IMMIGRATION AND PROTECTION AMENDMENT A CT 2022
The ChairmanChairmanGood afternoon, Members. We are in Committee of the whole [House] for further consider ation of the Bill entitled the Bermuda Immigration and Protection Amendment Act 2022 . Minister, you have the floor. Hon. Jason Hayward: Mr. Chairman, I move clauses 1 through 4.
The ChairmanChairmanContinue. Hon. Jason Hayward: Mr. Chairman, the Bill seeks to amend the Immigration and Protection Act 1956 (the principal Act) to clarify and strengthen the provisions relating to the unrestricted period of residence of vis itors to Bermuda. Clause 1 provides the citation for the Bill. Clause 2 amends section …
Continue. Hon. Jason Hayward: Mr. Chairman, the Bill seeks to amend the Immigration and Protection Act 1956 (the principal Act) to clarify and strengthen the provisions relating to the unrestricted period of residence of vis itors to Bermuda. Clause 1 provides the citation for the Bill. Clause 2 amends section 28 of the principal Act to provide that “unrestricted period of residence” means within any 12- month period a period of six
Bermuda House of Assembly months or 180 days, whichever is greater, beginning on the date on which the visitor first lands in Bermuda or such lasting period as the Minister may specify by notice in writing. Mr. Chairman, clause 3 makes transitional and savings provisions to provide that any unrestric ted period of residence, including any lesser period of stay specified by notice served by the Minister or shorter period of stay occurring prior to the coming into operation of the Bill, shall not be affected by the Bill. However, when “unrestricted period of residence” within the meaning of the principal Act but excluding any lesser period specified by notice served by the Minister or a shorter period of stay commences within six months immediately prior to the Bill’s coming into force, the unrestricted period of residence for a shor ter period of stay shall be counted when computing an unrestricted period of residence as provided under this Bill. This clause also requir es the Minister to issue guidance for persons to whom the transitional and savings provisions apply and provide that such gui dance shall not be a statutory instrument. Mr. Chairman, clause 4 provides for the commencement of the Bill, which is to occur by notice published in the Gazette . Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Are there any further speakers? The Chair recognises the Honourable Member Jarion Richardson. You have the floor, Mr. Richardson.
Mr. Jarion RichardsonThank you, Mr. Chairman. My question relates to clause 3 wherein the Minister speaks to issuing guidance. My question is, When will the guidance be issued? How will persons have access to the gui dance? And that includes circulation. And also, will such guidance include instructions for how to stay …
The ChairmanChairmanMinister. Hon. Jason Hayward: The guidance referred to will be guidance for individual visitors because their ci rcumstances may differ, so the guidance will be s pecific to their circumstance. And the guidance will also indicate how one can reside in Bermuda on an annual basis through a legal means.
The ChairmanChairmanAre there any further questions? Any further speakers? Minister, do you want to move the clauses? Hon. Jason Hayward: Mr. Chairman, I move that clauses 1 through 4 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 4 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 4 passed.] Hon. Jason Hayward: Mr. Chairman, I now move the preamble.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Jason Hayward: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. Approved. The Bill will be reported to the House as printed. [Motion carried: The Bermuda Immigration and Pr otection Amendment Act 2022 was considered by …
The ChairmanChairmanMr. Speaker. House resumed at 2:58 pm [Hon. Dennis P. Lister, Jr., Spea ker, in the Chair ] REPORT OF COMMITTEE BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2022
The SpeakerThe SpeakerMembers, are there any objections to the Bill entitled the Bermuda Immigration and Protection Amendment Act 2022 being reported to the House as printed? There are none. Thank you, Members. We will now move on to [Order] No. 5, the second reading of the Employment (Minimum Hourly Wage Entitlement) Act …
Members, are there any objections to the Bill entitled the Bermuda Immigration and Protection Amendment Act 2022 being reported to the House as printed? There are none. Thank you, Members. We will now move on to [Order] No. 5, the second reading of the Employment (Minimum Hourly Wage Entitlement) Act 2022, again, in the name of the Minister of Economy and Labour. Minister.
Hon. Jason Hayward: Mr. Speaker, I move that the Bill entitled the Employment (Minimum Hourly Wage Entitlement) Act 2022 be now read a second time.
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Minister. 188 9 December 2022 Official Hansard Report Bermuda House of Assembly BILL SECOND READING EMPLOYMENT (MINIMUM HOURLY WAGE ENTITLEMENT) ACT 2022 Hon. Jason Hayward: Mr. Speaker, I am pleased to introduce the Bill entitled the Employment (Minimum Hourly Wage Entitlement) Act …
Are there any objections? There are none. Continue, Minister. 188 9 December 2022 Official Hansard Report
Hon. Jason Hayward: Mr. Speaker, I am pleased to introduce the Bill entitled the Employment (Minimum Hourly Wage Entitlement) Act 2022, which seeks to establish the regulatory regime around the implementation of a statutory wage scheme and intr oduce enforcement provisions to support a statutory minimum wage rate for Bermuda’s workforce. This new statute fulfils Government’s 2020 Throne Speech commi tment to take under consideration the final aspects of the wage reform in support of Bermuda’s work ers. Mr. Speaker, as Honourable Members will be aware, the commitment to establish a minimum hourly wage for Bermuda’s workforce has been ongoing for a number of years. Mr. Speaker, in October 2019 the Employment (Wage Commission) Act 2019 came into operat ion, which established a Wage Commission tasked with inquiring into the provisions of a statutory wage scheme and recommending to the Minister r esponsible for labour a minimum hourly wage and living wage rate. Mr. Speaker, in January 2020, the commi ssion was presented to the Bermuda public and began its work in earnest. In April 2021, the commission pr ovided the Minister responsible for labour with its report on a minimum hourly wage rate which detailed its recommendations for a minimum hourly wage rate in Bermuda. Mr. Speaker, during their deliberations, members of the commission provided feedback from their various stakeholders, and it was suggested that from a business perspective, a minimum hourly wage around $15 per hour could be tolerable. However, one that was around $18 per hour or more could have a potential negative impact on the targeted workforce, as employers may reduce workers, reduce hours or close altogether. Mr. Speaker, the Ministry of Economy and Labour published a position paper in Augus t 2022 e ntitled Establishing a Minimum Wage in Bermuda. The position paper detailed, among other things, what a minimum wage is, why it is needed in Bermuda and the overall benefit to creating a statutory minimum hourly wage rate. The paper examined the various options proposed by the Wage Commission, hig hlighted the categories of workers who will be affected by its implementation and set out how the statutory minimum hourly wage rate is calculated. Mr. Speaker, on the recommendation of the Wage Commission, the Ministry of Economy and Labour has set a minimum hourly wage rate of $16.40 to come into force on June 1, 2023. The minimum hourly wage rate is to be set at 50 per cent of the median hourly wage which at the time of the Wage Commi s-sion report in 2021 equalled $15.75 per hour. The minimum wage rate that will come into force on the 1 st of June 2023 will be $16.00 plus the 2020 average, which equates to $16.40. Additionally, Mr. Speaker, a hybrid minimum hourly wage rate will be set for workers who recei ve service charges and gratuities, and personal care workers who primarily receive remuneration through commission. These workers will have a basic wage set by their employer, and the service charges, gratu ities and/or commissions that they are entitled to will be added to their basic wage to guarantee the statut ory minimum hourly wage rate of $16.40. Where a worker’s basic wage plus service charges, gratuities or commissions does not equate to the statutory mi nimum hourly wage rate, their employer will mak e up the difference. This hybrid minimum hourly wage rate will include service charges and gratuities but exclude voluntary tips. Mr. Speaker, this Bill provides for an emplo yee’s entitlement to a minimum hourly wage, which means that every person deemed an employee under this Bill, unless expressly exempt pursuant to the E mployment (Wage Commission) Act 2019, is entitled to remuneration by his employer at an hourly rate of pay which is less than the hourly rate of pay to be set by order of the Minister responsible for labour. Mr. Speaker, all employees are entitled to be paid for hours worked at the prescribed rate of pay, and the ability to ascertain whether their employer is complying with his obligation to provide a minimum hourly wage pursuant to the Bill is important. This Bill provides for the retention of records by an employer to show that the employer has [complied] or is complying with the obligations to pay the statutory minimum hourly wage rate to his employees. Additionally, the Bill provides for an employee who has reasonable grounds to believe that their employer has paid them a rate which is less than the minimum hourly wage rate to submit a complaint in this regard to an inspec-tor appointed by the Minister for the purpose of this Act. Mr. Speaker, inspections and enforcements pursuant to the Bill are imperative to ensuring that all workers are treated fairly with respect to the wages they receive and that the statutory minimum hourly wage rate is being paid accordingly. An inspector will have the authority to investigate an employee’s complaint against his employer regarding failure to pay the minimum hourly wage rate, failure to produce an em-ployee’s records or failure to allow an employee to exercise their right under the Bill. Mr. Speaker , inspectors are an integral part of the regulatory framework of this Bill. Inspectors have the power to require the pr oduction of relevant documentation for inspection and examination and the power to enter any relevant premises for the purpose of exercis ing their powers. Mr. Speaker, the Bill provides for inspectors to issue enforcement notices to employers who have failed to
Bermuda House of Assembly correctly remunerate an employee or employees for a specific period or a pay period. An enforcement notice may require an employer to pay outstanding wages owed to an employee at a rate at least equal to the minimum hourly wage. Mr. Speaker, where an inspector finds that a complaint of non- payment of the minimum wage rate under this Bill is well founded, the Bill provides for the inspector to make a declaration to that effect and make an award that the employer pay the employee the difference between the wages he was paid and the minimum hourly wage plus an additional 10 per cent of the minimum hourly wage for each pay period that the employee was not correctly remunerated. A dditionally, Mr. Speaker, where an inspector finds that a complaint related to an employer’s failure to provide some or all of the employee’s records to said emplo yee or an employer’s failure to allow an employee t o exercise some or all of their rights under the Bill is well founded, the Bill provides for inspectors to make a declaration to the effect and make an award that the employer pay to the employee an amount not less than $500. Mr. Speaker, the Bill provides for an appeals process against and enforcement notice issued by an inspector. Appeals will be heard by the Employment and Labour Relations Tribunal. Additionally, any party to an appeal may appeal the decision of the Emplo yment and Labour Relations Tribunal to the Supreme Court on any question of law arising from its decision. Mr. Speaker, the Bill introduces a civil penalty regime which will entail a faster, less laborious pr ocess for handling breaches of the Bill. Civil penalties for non- compliance sha ll be calculated at a rate equal to twice the amount of the minimal hourly wage in r espect of the worker that the failure relates to for each day that the failure persists. Mr. Speaker, this new statute will have a pos itive impact on Bermuda’s workforce, as every employee is entitled to receive a dignified and more equitable wage, and employees will be remunerated with increased fairness. The enhanced protections for a minimum hourly wage will increase efficiencies and enhance social protection. Mr. Speaker , this new sta tute will give employees the necessary protections needed to ensure that their right to receive a minimum hourly wage is protected and enforced and will serve its purpose for many years. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minist er. Does any other Member wish to make a contribution at this time? We recognise the Opposition Whip. Honourable Member, you have the floor.
Mr. Jarion RichardsonThank you, Mr. Speaker. And I thank the Minister for bringing this legislation forward, Mr. Speaker. All employees are entitled to a fair wage. That goes without saying. In the absence of a control, there is a question of abuse. And therefore, a minimum wage [scheme] is one of the …
Thank you, Mr. Speaker. And I thank the Minister for bringing this legislation forward, Mr. Speaker. All employees are entitled to a fair wage. That goes without saying. In the absence of a control, there is a question of abuse. And therefore, a minimum wage [scheme] is one of the ways that we make sure that this does not take place. But, Mr . Speaker, I do want to raise some questions as it relates to the problem that we are trying to solve through this legislation. I followed the Minister’s point that this legislation act ually establishes a regulatory regime for minimum wage in Bermuda. And to that end, there are some subsequent questions based on the regulations that are to follow to bring this into force or into use, Mr. Speaker. My questions, or certainly my thoughts right now orbit around the problem that we are trying to fix, Mr. Speaker. I reflect on a book by Dr. Daniel Kahneman, Thinking Fast and Slow , where he talks about in behavioural economics the problem of substitution. We typically or sometimes will swap out one problem for another problem, an easier one to solve. And this is one of those scenarios where it comes to mind. B ecause what is the actual problem that we are trying to solve with this legislation? I am very mindful that some time ago the Parliamentary Joint Select Committee on the Establis hment on a Minimum and Living Wage Regime met, of which the Honourable Minister, then a Senator, was a part. And that report was released in 2018. Some of the information that this select committee looked at included the Low -Income Threshold report that was produced in 2008, although t he information was based on a household expenditure that collected data in 2004. So right off the bat, we are looking at some quite dated information in the inclusion of this process. Maybe the Honourable Minister would be able to explain what, if any, new work has been done as it r elates to statistical capturing or studying of poverty in Bermuda. Obviously, the household survey from 2004 is quite dated, and we have subsequently gone through the 2008 crisis and the COVID -19 pandemic. So where are the Govern ment’s numbers on poverty in Bermuda? Another problem that this could be seeking to fix would be income inequality, Mr. Speaker. And i ncome inequality is a significant and persistent problem in any modern economy. So, my question to the Ho nourable Minister is again, Where are the data to substantiate that this solution will actually resolve that specific problem? And last but not least, Mr. Speaker, speaking of the problems is the wage floor. This is a mecha-nism, or arguably is a mechanism to prevent unduly low wages and reduce the exploitation of workers. And yet again though, Mr. Speaker, we do not have data substantiating that. I would follow up these . . . the Honourable Minister had spoken to how he got to the position of —or rather, the Wage Commission got to the position of $16.40 as a recommended minimum wage. But I would note that the Honourable Minister 190 9 December 2022 Official Hansard Report
Bermuda House of Assembly when he was a Senator in the Parliamentary Joint S elect Committee on the Establishment of a Minimum and Living Wage spoke to . . . with your permis sion, Mr. Speaker, I will read it out loud.
Mr. Jarion Richardson“Recommended that it consider utilizing a basket of goods based methodology (single working adult plus a respective household type), to calculate the subsequent statutory mini-mum/living wage rate.” And yet we are not using that mechanism in this case. So, if the Honourable Mini ster could speak to why we have …
“Recommended that it consider utilizing a basket of goods based methodology (single working adult plus a respective household type), to calculate the subsequent statutory mini-mum/living wage rate.” And yet we are not using that mechanism in this case. So, if the Honourable Mini ster could speak to why we have gone with an altern ative, which is contrary to his earlier recommendation. Mr. Speaker, we also have to be quite clear that we are talking about the economy as it stands today. Modern economists have certainly said that when it comes to implementing a minimum wage, it has to be done correctly and it has to be done as it relates to timing and sequencing. So, we ha ve to grow the economy first. And as it stands right now, our current statistics show that we are operating at an infl ation rate hovering around 5 per cent. And we are def initely using pre- pandemic 10- year-old household survey methods to determine these ec onomic numbers. Also, we know from I want to say the 2019 Labour Force Survey that we are looking at 10 per cent unemployment with some 30 per cent youth unemplo yment. As it stands right now, the minimum wage is set by the market conditions. And it looks as if we have not actually gone through the economic data to determine what, if any, impact we are going to have by implementing this legislation at this stage. So if the Honourable Minister would be able to speak to the timing of bringing this minimum wage to the floor at the moment. I note, Mr. Speaker, also that the earlier Joint Select Committee report stated, and again, Mr. Speaker, with your permission I will read.
Mr. Jarion Richardson“There must be a full assessment of the economic impact and the economic feasibility of establishing a minimum/living wage before any steps towards implementation can be pr ogressed.” Again, I would invite the Minister to comment as to why we do not have that economic impact in front of us …
“There must be a full assessment of the economic impact and the economic feasibility of establishing a minimum/living wage before any steps towards implementation can be pr ogressed.” Again, I would invite the Minister to comment as to why we do not have that economic impact in front of us right at this point. Mr. Speaker, a minimum wage obviously has a number of roles including reducing poverty and i ncome inequality. But it is a blunt instrument. And there are more refined and specific ways to target our r esources to the people we need [to target]. Most especially something that looks like an earned tax credit has been observed in other jurisdictions to actually fix the problems that this legislation is set out to resolve. Mr. Speaker, I will just speak very quickly to the threats and risks of getting this particular issue wrong. We are very well aware that implementing this incorrectly will drive up costs and drive up prices. And it will have an impact to workers in that if done incor-rectly, the workers will not be protected from the employer deciding to reduce staff. Equally, when we cr eate legislation, we create circumstances that are not easily foreseeable. So for example, someone whose employment circumstance, such as through part -time employment or they have arrived at a pay packet that they agree on. But the employer, when the legislation comes through, the salary goes above the agreed pay packet and the employer then says, Well, that’s just not worth being done. So, you have to leave. Also, we are well aware that the economic impacts cert ainly could include things like paying more for health insurance, receive less in retirement contr ibutions and fewer raises. The impacts to consumers and customers could include worse service, poorer quality products and higher prices for whatever is bought. And these impacts all most especially will go toward small businesses whose margins are typically not wide enough to afford further regulation. So with that being said, Mr. Speaker, the pr imary issue that I have today with this legislation is that there was a promise made in the Joint Select Commi ttee’s report, namely, that there would be a number of steps taken before the implementation of a minimum wage, most specifically a wider consultation. Right now we are well aware that there are quite a few pe ople in Bermuda who are feeling quite aggrieved as if they are not being engaged or respected as stak eholders, and decision- making is being hoarded. So to that right now there is an expectation, or certainly there was an expectation in 2018 when the report was initially tabled that there would be an economic impact assessment and that stakeholder engagement would be much wider. To that end, Mr. Speaker, we do have a problem. I am not sure which specific problem this legisl ation is looking to fix. But I not e that, I was listening to a podcast with David Axelrod, and he made a note: Why is every problem evaluated for its political worth? Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Deputy Speaker, I see you rise to your feet. I am assu ming you want a few moments on this topic as well. Hon. Derrick V. Burgess, Sr.: Yes, thank you. ANNOUNCEMENT BY THE SPEAKER HOUSE VISITORS
The SpeakerThe SpeakerBut, Deputy, before I acknowledge you, let me just acknowledge the fact that we are honourBermuda House of Assembly ing a lon g request that we have had for a debating club from one of our local schools who wanted to sit in for a few minutes just to observe …
But, Deputy, before I acknowledge you, let me just acknowledge the fact that we are honourBermuda House of Assembly ing a lon g request that we have had for a debating club from one of our local schools who wanted to sit in for a few minutes just to observe ourselves. So we do have a small [number] of the debating club in with us today for a few moments. And we would just like to acknowledge the presence from Dellwood. I am trying to remember which age group or class group, but it is Dellwood’s Extracurricular Debating Club. We see them this afternoon with two of their instructors. And we welcome you here this afternoon.
The SpeakerThe SpeakerDeputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I applaud the Minister for bringing this Bill to the House bec ause it is long overdue. And so I certainly agree with him with this Bill. B ecause this Bill attempts to create an environment for those …
Deputy.
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I applaud the Minister for bringing this Bill to the House bec ause it is long overdue. And so I certainly agree with him with this Bill. B ecause this Bill attempts to create an environment for those who are not organised or those who are being exploited, Mr. Speaker. We do know that many people have become rich, super rich, and continuously get richer because of the exploitation of labour, Mr. Speaker. In fact, we hear about the World Cup being played in Qatar , I guess that is where it is . That is where England will be . That is my team, right?
[Inaudible interjections ]
Hon. Derrick V. Burgess, Sr.: The stadiums down there, we hear, much of the labour that built those stadiums were not paid. And we hear, I guess the owners or the employers said, We will pay them. Well, they worked for many, many months, if not years pr eparing these stadiums, Mr. Speaker. I can recall in 1998 that in preparations for the World Cup they had children sewing these footballs with their little fingers. And the ILO [International Labour Organization] took a stance against that. And I think that has stopped. But the exploitation of labour continues, Mr. Speaker. And this is what this Minister is attempting to do so that it does not happen in this country. So, I again applaud him for that, Mr. Speaker. Many are talking about the $16.40, that if we put that through (it has not come here yet) that it is going to make some people poorer. Well, I do not know how that is going to make anybody poorer, but it certainly is going to give some type of foundation to those people who are being exploited. And I do know that many of the employers —not all of them, because I keep repeating that we do have some good emplo yers. But there are some who will use a system that is in place now or they will put a system in place, particularly the gratuities. Right now i n Bermuda and worldwide, the custom is if a gratuity is included, it is anywhere from 15 [per cent] to 17 per cent. In some areas it is as much as 22 per cent if you are doing a banquet or something like that. What I am afraid of because those in the gr atuity area, they are not going to get as a basic rate $16.40. But the gratuities are to be added up to guar-antee that rate, which I agree with. But what may happen, Mr. Speaker, is that some will increase the gratuity rate so that they do not pay anything s o they can make sure that once they add these figures t ogether, they reach the minimum wage that we set. That is what frightens me, Mr. Speaker. Mr. Speaker, we do know we hear in some parts of the United States the minimum wage is $15.00. I am not sure whether that is taxable or not —probably not. And in Switzerland, that was about two years ago in Switzerland, it was almost $25.00 an hour. Now, Switzerland is in the top 10, probably the top 3 as the most expensive places in the world to stay, to live, Berm uda being number 1. And so, Mr. Speaker, let me go a little further than that. When we talk about the cost of living, the CPI, let me go there. In fact, there was a survey done called the Price Index of Household Expenditure Survey 1974 to 2013. And out of 11 items on that list, there were only two . . . we had a CPI of 165. There were only two items that stayed below that. Those were clothing and food. Everything else was above that. And that takes me where, even though a minimum wage can maybe solve a pro blem for a couple of weeks, a couple of months, the way the cost of living is going today, that will be wiped out shortly unless we tackle those items that have gone way out of whack, those items being like housing, education, health, fuel, transportation. We have to tackle them, Mr. Speaker, because if we do not tackle them, the good intent that the Minister is trying to put in place will be washed out. And that is why I think that the cost of living— and I know the Minister has got that on his list —is something that we have to tackle. And we have to tackle it quickly , because prices seem to be spiralling out of place daily overseas, and Bermudians are complaining. They should. But we do not have much control over that because if you look at the way to get these goods here, containers have . . . the price of a container has more than doubled. Trucking has doubled-plus. And now it is either take it or leave it, Mr. Speaker. So, we have our challenges being out here 700 miles from anywhere else. A ship comes i n full, leaves empty. Somebody has got to pay for that. Bermuda will remain a very expensive place to stay. And we are trying to fix that or make it even more palatable, Mr. Speaker. Then a figure of $16.40 has been put out there. The Minister has not brought it here yet. I am sure he is going to look at it because when I look at the Dorothy Newman report done in 1994, and based 192 9 December 2022 Official Hansard Report
Bermuda House of Assembly on her survey of 1971, it says those that are making less than $24,144 were considered poor. And that is [per] household, not per person. And mid- poor was between $24,000 and $30,000. And the middle class was $30,168. Well, let us go to the middle class be-cause if you take the middle class for a two- person household at that time, 1991, based on her survey, it would be $17.40 per hour . And if I use that based on the $16.40 that has been touted, and I take the difference, if we use that it would be like 6 per cent below what the middle class would have been getting in 1991. So, I want to ask the Minister, because I know that is his fiel d, to look at that. And we are not promoting what that wage should be because today it should be almost $40.00 an hour if you want to have some type of being- comfortable living in Bermuda. We all know that. But we know that we just cannot sit here and put $40.00 an hour, you know. It just does not move like that. I know that will probably be the intent to do it, Mr. Speaker. And there are other areas that we must look at. The equality of income, those who are making so much more than others. That does not help, because, Mr. Speaker, as you know, if one is making $200,000 a [year], taking bread up by $2.00 a loaf, it isn’t going to matter too much to them. But it certainly will matter to that person, that household that is only taking home $70,000 a [year]. E very dime in a household making $70,000 a [year], particularly if they have got a child or two, is accounted for. Even though you can buy Crow Lane [Bakery] bread for $2.00 less per loaf, you know. So this is not an easy task for the Minister or anybody who sits in that seat to try to fix something that should have been fixed in 1834. So I applaud the Minister for doing what he has done so far. And the methodology of the commi ttee, I mean I think they used the LIT [Low Income Threshold] system, which is rea lly not the best sy stem, in my opinion. And I think what has to happen when we are talking about Bermuda, we can look at around the world. We can look at different systems. But their circumstances are different from ours. So we must design a system, which is not very difficult, to fit us. That system that others use, they tend to read these books, What happens over there can happen here—No! They do not have the challenges that we have living out here 800 miles in the ocean and we are not exporting anything. So, the methodology . . . and I know the committee had all good intent, but sometimes people forget where we are. We cannot compare to what happens in those other countries. We are out here by ourselves. So, Mr. Speaker, with those few words, again, I applaud the Minister for bringing it here. I thank you for the time.
The SpeakerThe SpeakerThank you, Deputy Speaker. Does any other Member wish to make a contribution at this time? Either one? Okay. That is why I started letting you know that there was somebody behind you, you see? [Inaudible interjection] Hon. Kim N. Wilson: Chivalry is not dead.
The SpeakerThe SpeakerMinister of Health, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Speaker. And I will be very brief. I wish to start by also commending. I wi ll start where my honourable colleague who just finished i nsofar as commending the Honourable Minister Jason Hayward for bringing …
Minister of Health, you have the floor.
Hon. Kim N. Wilson: Thank you, Mr. Speaker. And I will be very brief. I wish to start by also commending. I wi ll start where my honourable colleague who just finished i nsofar as commending the Honourable Minister Jason Hayward for bringing this long- awaited piece of legi slation. Mr. Speaker, it is well established and has been articulated through many forums the benefits of having a legislated minimum hourly wage, as these discussions have been taking place, again, Mr. Speaker, for many years. As the Deputy Speaker just spoke a few m oments ago, so I will not elaborate on that with respect to many instances of exploitation of workers, which of course in a 21 st century Bermuda should not be acceptable. Mr. Speaker, I would like to reiterate some of the benefits that we have previously heard about that warrant repeating, as follows: A statutory minimum hourly wage w ill help to bring our people out of poverty and improve the living standards of some of the lowest earners in our society. These workers will also be able to more easily afford some of their monthly expenses such as rent, car payments, food and other household expenses. Mr. Speaker, I am sure you would agree with me that employers do bear an important social r esponsibility for ensuring that they pay their workers the legal hourly minimum wage. And through this legislation, it will show that this Government is committed to increasing the support for these lower -income earners within our community and improving the r ewards of their work. This legislation will provide protections, Mr. Speaker, to low -income workers as well as incentivise their work. A minimum hourly wage, Mr. Speaker, will also help businesses by driving fairness to the labour market, ensuring that competition is based on the quality of goods and services provided, and not only based on the prices that are driven by low salaries paid to their staff. Mr. Speaker, one of the key aspects of this Bill that I would like to spend a few moments addres sing relates specifically to the issue of enforcement. This Government has made it absolutely clear that everyone is entitled to be paid a minimum legis lative hourly rate, and they should receive it. And the enBermuda House of Assembly forcement of this legislation in ensuring that minimum hourly legislated wages are paid is essential. And we are committed to best ensure, Mr. Speaker, that the employers who break the law in this area will be dealt with. Mr. Speaker, we are all seeking to support and cooperate, and [we seek] the cooperation of e mployers, Mr. Speaker, to ensure that they adhere to the provisions of this legislation and that they apply it correctly and pay the legisl ated amount. However, if this is not to be the case, there are certain enforc ement measures contained in this legislation to address those such circumstances. Steps toward enforcement, Mr. Speaker, in brief, will include the requirement of employers for the production of records to confirm that they are paying their staff the hourly minimum statut ory rate. These inspectors will have further powers, Mr. Speaker, to enter any relevant premises for the purposes of exercising their powers. They will have the ability to issue enforcement notices to employers. They will have the ability to make declarations for non-payment of the minimum hourly wage. And failure to abide by some of these rights under the Bill, Mr. Speaker, [will allow] these inspectors to then be able to add further penalties to the issuance of their directives by making an employer pay to the employee an amount no less than $500. Finally, Mr. Speaker, as it is important with respect to enforcement actions, there is contained an appeals process wh ich allows for an aggrieved party to appeal to the Employment and Labour Relations Tribunal, and subsequently on a matter of law they can subsequently apply to the Supreme Court if they feel further aggrieved. So in essence, Mr. Speaker, I think that the e nforcement measures, hopefully they will not have to be relied upon, but they do provide extra protection to ensure that the mischief behind this legislation, namely, the provision of a statutory hourly minimal wage is being applied across the board to help to ensure that members in our population, parti cularly those persons in the lower -income bracket with respect to their earnings, can continue to have a more equitable wage instilled upon them whilst at the same time being afforded with the social protect ions. So, with that, Mr. Speaker, I would like to commend my honourable colleague, Minister Ha yward, for bringing forth this Throne Speech legislation. Thank you.
The SpeakerThe SpeakerThank you, Minister. Deputy Premier, you have the floor. Hon. Walter H. Roba n: Thank you. Thank you, Mr. Speaker. You know, Mr. Speaker, it is not often that you get to come to Parliament to actually deal with . . . well, what I should say is this. (I …
Thank you, Minister. Deputy Premier, you have the floor. Hon. Walter H. Roba n: Thank you. Thank you, Mr. Speaker. You know, Mr. Speaker, it is not often that you get to come to Parliament to actually deal with . . . well, what I should say is this. (I am sorry.) Often, we come to Parliament to deal with the legislative process to pass laws that are necessary and continue to assist with the functioning of governance and fulfil the r esponsibility that the Legislature has. But often you do not get to actually deal with legislation that speaks to the very philosophy of why you are her e, the ideological foundation of why we are here. Certainly, for the PLP that is a constant effort. And to ensure that we are focusing on what matters, what matters to the people, the very philosophical and ideological reasons that our party that is now th e Government exists. Mr. Speaker, this particular piece of legislation that the Honourable Member, the Minister for Econo-my and Labour, has brought to this House as a part of a package of things he has brought around, namely, the Employment (Minimum Hourl y Wage Entitlement) Act 2022, speaks to that. This is a foundational piece of legislation for this Government and for this party. And the Minister knows I have spoken about this many times. I must say I am slightly puzzled, but I am sure perhaps Honourable Members and particularly the Member who made this point will perhaps go back and look ––made the comment somewhat questioning, Is this about the issue that this legislation is trying to fix? He questioned whether it is actually pursuing the problem that it is seeking to fix. Well, Mr. Speaker, and some Members have already spoken about it —equality, opportunity, po verty. Those are some of the things that we should be looking in this House to challenge, to address. And despite the success of this country, these are things that still grip the experience of many people on this Island we call Bermuda. So we as legislators must constantly bring questions to these issues, seek an-swers and attempt to generate solutions. Those are three fundamental issues of which th is country still faces. And certainly, the Progressive Labour Party in its formulation, ideological, philosophical, was formed to address these issues that face our people. And in the very first platform that was formulated to face the May 1963 election, t he minimum wage was one of those. So, in many ways, the PLP has struggled i tself in its very existence to pursue, to address this issue —struggled! [It has] struggled to become a legi timate party that was considered worthy of Gover nment, struggled to be seen as a Government -inwaiting and struggled over decades to finally become victorious, to become the Government. So we have struggled to pursue addressing this issue. And here we are, even some many years from 1998, we are just bringing it. It does not mean we have not struggled to bring it. We have decided that this should be something that we should do. Of course it is! And here we are. This Progressive Labour Party Government is fulfilling a foundational mission, phil osophical, ideological. It is to address the issues of poverty, of opportunity, of inequality. This particular measure is one more step to dealing with that. And, Mr. Speaker, I just think of . . . and it is not often that we should reflect on what goes on in 194 9 December 2022 Official Hansard Report
Bermuda House of Assembly other countries, because each country has its own experience around these issues. But as we know and as has been stated by others, a minimum wage is pretty much a convention when it comes to the issues of labour. And let me not understate that the work of trade unions and other advocates of the working people have contributed to this effort. Because this is fundamentally about how we get to a position where workers are treated fairly globally, but certainly locally. This is a part of that effort, that ongoing effort, that struggle that we all in Government and [those] outside of Government often have to tackle. This is one of those key components of that work. And as we see in other countries, often the most fundamental initiatives . . . we can look to Britain and their health system as it c ame out in the Bev eridge Report, the National Health [Service]. And even in the US, Medicare and Medicaid. And, like in other countries , certain fundamental pieces of legislative work, it all began somewhere. So, what was the N ational Health Service in the 1940s when it was put in place in 1948 (I believe it was)? And in 1968 when the Medicare/Medicaid system of the US was put in place? Or in Canada when they set up their system? It began looking in a certain way. But these systems evolve. And one thing is very apparent from when these foundational [pieces of] legislation were done, it forces countries to have to look at other things. So, the fact that we have devised a minimum wage system or benchmarks, it does require us now to look at other things. Becaus e ultimately how that develops means we have to look at other issues around poverty and quality of life and other key de-mographic information that, frankly, when you were not worried about a minimum wage neither was the private sector or public sector requ ired to address. But this now actually requires governments to be even more serious, even more examining of the conditions of the citizens of the country. Because that is what is going to be required as the Minister and his team continue to evolve this process of how we evaluate properly this minimum wage. And obviously, the number of $16.40 is what has been put in. But based on constant reviews, examination of the environment that this has been placed in, this number will change. If it is done properly, t his will evolve just as the National Health Service in the UK evolved, just as the Universal Health Care in Canada evolved, just as in the US, their fundamental system of Medicare and Medicaid evolved. These fundamental and other minimum wage systems that exist in ot her parts of the globe, whether it be in Europe or wherever else they have these systems, it does force you to have to examine other components of your society in order to address these issues properly, objectively and fairly. But this is about poverty. This is about equality. This is about opportunity for the citizens of this country. So if there is an answer to the problem that it is looking to address, those are just some of them. But, Mr. Speaker, I will say this. I commend the Minister for pursuing this in the manner that he has. I congratulate him because this is perhaps for the Progressive Labour Party one of the most foundational moments and pieces of legislation that we could bring to this Parliament because it speaks to the journey. It s peaks to the ideological foundation, the phil osophical rationale for why we are here. And to me, that makes being in this House ever more important. So, Mr. Speaker, I commend the Minister once again. I commend the work of his team and those on this side w ho are committed to this journey. If anybody would ever suggest that the Progressive Labour Party has lost its way, here is the proof —1963, and we are still here. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy Premier. Does any other Member — MP Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Speaker. Mr. Speaker, the Deputy Leader of the Opposition, MP Jarion Richardson, has already set out the One Bermuda Alliance’s formal response on this Bill. But I just want to add a few brief observations. And it is interesting that the speaker who just took his seat …
Thank you, Mr. Speaker. Mr. Speaker, the Deputy Leader of the Opposition, MP Jarion Richardson, has already set out the One Bermuda Alliance’s formal response on this Bill. But I just want to add a few brief observations. And it is interesting that the speaker who just took his seat discussed this Bill in terms of philosophy and in terms of ideology because, with the greatest of respect, I think that is where this Bill goes wrong. I fully under-stand the moral case for a minimum wage. If we are having conversations about ideology and about ph ilosophy, you have got me. But what we should do if we could do in circumstances where everything was ideal, I understand the moral case. I support the adage, an d it is an old adage and probably does not apply anymore, but An honest day’s pay for an honest day’s work. I understand the importance of equality in a workforce. And even more importantly I understand the importance of a wor kforce where people can have m eaningful jobs that contribute to their sense of self -worth and contribute to an economy that is successful and robust and growing. Sadly, that is not where we are today in t oday’s Bermuda. When the Honourable Minister Jason Ha yward presented a Statement t o the House probably, I want to say, 24 months ago . . . I may be wrong on the timetable; it was when we were still remote. The ques-tion that I asked of him, having carefully considered the independent report, and indeed the previous commission report, was whether this minimum wage was going to be net or whether it was going to be gross. Are we talking about $16.40 from which we will deduct payroll [tax], social insurance, possibly pension if there are pension payments, and the rest, health insurance, et cetera? Or are we talking about deduc tBermuda House of Assembly ing all of those things and having a minimum floor of $16.40 below which one cannot go post -deductions? And I asked that question because I thought that would have been a very sensible starting point to any exploration and consideration of a minimum wage in Bermuda. If we are going to embark upon that discussion, what are we trying to get? Mr. Speaker, you may well remember that at that time we had the first of what were supposed to be two reports, possibly three. And it had three numbers in it. So it was a legitimate question to ask then. And having looked at today’s Bill, I respectfully suggest it is a legitimate question to ask now. So, I do formally ask the Minister if he could clarify, because I have looked at clause 5 (and I do not want to get into clause numbers, et cetera), but you read the first bit and you think it is gross. And then you read the next paragraph and you think it is net. So maybe I am the one who is missing the point. But perhaps the Honourable Mini ster could inform this Honourable House in his reply whether or not we start at $16.40 and work our way downwards to an actual number that goes in som eone’s pocket, or whether $16.40 is the actual number that goes in someone’s pocket after the necessary lawful deductions. Again, I understand the moral case for a mi nimum wage, and I understand the need for workplace equality. And I understand the need to punish those employers who seek to take advantage of employees in an unscrupulous way. And perhaps I am a bit of a Cassandra here, but let me make a prediction. My prediction, sad though it is, is based not upon philos ophy or ideology, but upon economy and economics. Unfortunately, I do not think this minimum wage is actually going to help the people who trul y need help on our Island. And it is important to note that this is not a living wage. And again, to be fair to the Minister, when he made his Statement to the House, he viewed it in two phases —a minimum wage, and then that would be followed by a living wage —which is why we thought there might be a third report. There is only one so far. But this is not going to help someone who actually needs a living wage. Moreover, and again it is a prediction only, but my fear is that this might damage the economy. My fear is that this might reduce jobs and might increase costs. Why do I say that? Well, if you have three employees and you are paying them less than $16.40 and you are now obliged to pay $16.40 and you are struggling to make ends meet, and you are struggli ng to stay afloat and keep those business doors open rather than board them up as many businesses have, that employer, sadly, is going to have to take a dec ision. And that decision is likely to let go of one of those three employees so as to be able to pay the other two. And that is one of the negative effects of a minimum wage that has been seen time and again, not just in Bermuda but elsewhere. In addition, it is going to increase costs, because the costs are going to go up for an employer, and the employ er is going to have to pass on those costs to the consumer. That in turn will lead to further inflation, which is already a problem we are struggling with in this Island. So again, if we want to have a conversation about ideology or philosophy, about a mi ssion or a journey, fair enough. But jobs are not about ideology and philosophy. This is about economics and the economy. And it sounds good. It is morally justifiable. But what is the reality? The Minister has touted this Bill suggesting it is going to be the highest minimum wage anywhere in the world. And that is an eyecatching statement.
Hon. Jason Hayward: Point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Jason Hayward: The Member is maybe ina dvertently misleading the House. No such statement was made.
Mr. Scott PearmanI am sorry. Let me clarify. The Minister was certainly reported in the m edia as having made that statement. If he did not make it, I take [the point of order] with face value. I just read it in the medi a. And I do not know if it …
I am sorry. Let me clarify. The Minister was certainly reported in the m edia as having made that statement. If he did not make it, I take [the point of order] with face value. I just read it in the medi a. And I do not know if it is true or not. I have not done a comparison of all 200- plus countries. Leaving that point to one side, and I take the Minister’s interjection at face value, I simply suggest that there is, regrettably, a lack of reality about h ow the economy works. And I am aided by my colleague, MP Dunkley, who has passed me the Minister’s Statement of the 18 th of November of 2022, which states . . . if I may read it?
Mr. Scott PearmanAt the bottom of page 2, “The Ministry intends to bring into force on the 1 st of June 2023 a statutory minimum wage rate of $16.40, which will be one of the highest minimum wage rates in the world.”
An Hon. Member An Hon. Member“One of,” “one of the.” [Inaudible interjections]
Mr. Scott PearmanAll right. I will graciously accept the correction. “One of the highest,” “one of the hig hest.” And if that is the Ministry’s best point, you see where we are. There is a lack of reality, I am afraid, in this Bill about how economics works. Again, I shall take …
All right. I will graciously accept the correction. “One of the highest,” “one of the hig hest.” And if that is the Ministry’s best point, you see where we are. There is a lack of reality, I am afraid, in this Bill about how economics works. Again, I shall take my seat and wait to hear from the Honourable Minister 196 9 December 2022 Official Hansard Report
Bermuda House of Assembly as to whether $16.40 ends up in someone’s pocket or whether it is a number far lower than that. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member — I recognise the MP Antho ny Richardson. MP Richardson, you have the floor.
Mr. Anthony RichardsonThere is a statement that we often say, which is, You cannot have your cake and eat it, too. The Member who just took his seat probably subscribes to that because on the one hand, if we understand correctly what he said, it is that $16.40, or the $16 other …
There is a statement that we often say, which is, You cannot have your cake and eat it, too. The Member who just took his seat probably subscribes to that because on the one hand, if we understand correctly what he said, it is that $16.40, or the $16 other number, whether it be gross or net, might not be enough. And on the other hand, it is too much anyway because we are going to cause a decline in employment. So I will start on that perspective, Mr. Speaker, and I will say what I often say, and that is that in Bermuda we do operate in a capitalistic environment. And what I also often say, and some people say I should not say it, is that capitalism at some level can be described as exploitation . And some speakers before have alluded to that in the sense that even in the Bermudian context there are some who would seek to pay as little as possible to th eir employees, but then charge as much as possible for whatever is their output. And that is the difference ultimately when you consider all of the inputs that will result in a profit. I always smile when it occurs whereby a company will announce that the y have made “ X” contribution for whatever the reason may be because, clearly , they have been able to make the contribution based upon that exact same thing in terms of minimal input, maximum outputs, and then there you go. So, I will just smile as I go thr ough these few comments, Mr. Speaker. The other point I will make is that in many i nstances the Government is allowed to step back and let the market forces take on whatever is going to happen. But this is one of those cases whereby we recognise that the market is actually not efficient or effective in what would take place. And some may ask, especially those in the listening audience, Why in the world would the Government be seeking to put in place a minimum wage? The answer, Mr. Speaker, at some level, is if the Government does not encourage or require a minimum wage to ensure that all of us get paid a sensible amount, then the Government will in fact pay those persons itself via Financial Assistance or otherwise in the Bermudian context, which also comes under Minister Hayward. So, this is actually a practical solution for all of us to ensure that persons who are working are able to at least earn a reasonable amount of money to cover their expenses. I also want to say, which I think the previous speaker alluded to, that this is not an exercise of philosophy. This is actually today a practical exercise. Because, subject to the Bill being passed, we are going to impact real people. So this is not a paper exercise; it is a real exercise. And I will make some comments in a few minutes in terms of again . . . and I do not want to highlight or focus too much on the prev ious speaker, Honourable Member Pearman. It is that he may believe that this will have no impact or very little impact. But what I will explain in a few minutes is that for some people, the implementation of this wage will represent up to a 33 per cent increase in pay. And I look around the room and say to any of us, How many of us would reject a 33 per cent increase in pay as of next March? I woul d venture to say not one of us would say, No, please keep your money. So this is what I mean by having a real impact. And in terms of the question by MP Jarion Richardson, in terms of Why now? and What is going to be the impact?, there has been some discussion in the public already that the impact is going to be on anyone right now who actually earns less than the $16.40 amount. And in the overall scheme of things it is not that many people. So to understand the impact, just look at it on GDP. Let us take, say, 5,000 people for example, right? If you take that many people, times it by that extra $4.00 (which is going to be in my example), then you can estimate the impact on GDP. And it is not that much in the overall scheme of things, which also goes back t o what MP Pearman said in terms of, this is not going to cause any loss in jobs unless the employers themselves choose to once again exploit and make excuses for the legislation. Mr. Speaker, there is a huge discussion that takes into consideration the ide a that if Anthony has a business and he cannot afford to pay the employees a reasonable amount, should he be in business? Some say yes; some say no. And to the extent that this legislation is going to cause those marginal businesses to not succeed may be a good thing, because on the other hand what is happening is those same emplo yers are unlikely to be making payments for social i nsurance, health insurance and other benefits for their employees. And then what happens is when the employees need those benefi ts, mostly during times of sickness or retirement, they are not there. Therefore, they have an issue. We know that in some cases what happens is the employer is able to carry on making a profit but is causing their employees to suffer. And then once again, we go back to what I said earlier, the Gover nment —in this instance, through MP Minister Ha yward—has to pick up the slack via the safety net pr imarily right now of financial assistance. So, these things are actually linked in terms of what we are doing today.
Bermuda House of Assembly What I will say also is that for me and a few others around the room, this does have a direct i mpact because we provide services, business advice or services to other businesses. Some in the room act ually employ people—many persons. So, the idea is t o sit down and consider what the real impact is on you for what you do. And again, in a few minutes I am going to talk about an example I went through because for one employer it is going to have a serious impact. And I was very pleased that they are going to be pr oactive in terms of the impact of this legislation. Before I go there, Mr. Speaker, I will say that I accept that the legislation allows for what I call tips or gratuities to be part of the process. But for those in the listening audience, I will say that this always concerns me in the sense that Anthony works in a restaurant or hotel , or whatever I am doing, right? I go to work based on a certain amount of pay and I provide an excellent service. As a result, the person I am serving says, Okay , fine. Here is a tip. And actually, my son told me this: Never work for a tip but be glad when you get it. And if that is my philosophy, why should you as the employer take that from me or make it a part of my pay? It also creates a bit of inefficiency because the person who sits next to me, and in this case (just because he is next to me), let’s say MP Jarion Richardson. We both go to work. I work hard, do a good job. I get a tip. I am happy. For whatever reason he comes to work also, does not work as hard, does not deserve a tip but gets it anyway. That speaks to the mandatory tipping piece. So, there are some challenges. But I understand of course how this actually works. And now, by way of example . . . and I believe MP Scott is in the room. He will underst and this for sure. From an aviation perspective, I ask everybody in the room: Who do you think is going to get the biggest tip? The person who refuels the plane, the pilots and crew who fly the plane, the attendants who actually serve the guests who are fl ying on the plane, the ge neral handler who does all the other stuff, or who we politely call the sanitation engineer who actually cleans the toilets? Who gets the biggest tip? Mr. Speaker, I can assure you, it is not the sanitation engineer, which at some level makes no sense because that is the job that none of us want to do. But yet we pay the least to the person who does that. That, Mr. Speaker, is another example of exploitation. It is exploitation; but that is reality , which again though, speaks to th e reason why sometimes Government has to intervene to get people to do “what is right” (quote/unquote) . And so, the same thing applies in this instance to some degree. Mr. Speaker, I did get a chance to listen to the report on the news. I think it was yest erday or the day before yesterday. It was interesting to hear the com-ment from the Chairman of the Commission, Mr. Cordell Riley, who explained that many other countries had commented positively on what is taking place in this instance. And the comment that certainly res onates with me is that we started higher than others, which is good, because it allows you to more easily get to a living wage, which is what we aspire to do, as opposed to starting lower and causing more of a cha llenge to get to the living wage. Mr. Speaker, there have also been some comments in terms of the potential for this legislation to cause inflation. And this goes back to my earlier point in terms of if I have employees who are not earning enough, they are going to come back to the Government to get some assistance. And then Government has to actually ensure it raises enough rev enue to be able to pay the person who needed the as-sistance. And so, at some level, to the extent that this legislation allows the employees to earn more, they can then afford more. They can buy more themselves. And the impact of inflation will be a bit less. So, to be very clear, to the extent that any of us in this room were to get a salary increase, it means that we are better able to afford whatever we have to pay for , whether it be rent, groceries or otherwise as referred to by MP Burgess earlier. And I definitely de-fer to both of the union members with significant expertise, which is MP Burgess and Minister Hayward, in terms of the legislation also allowing for those persons to benefit from a collective effort that they do not currently benefit from because in their environment they do not have a collective bargaining agreement. And that also speaks to, Mr. Speaker, the idea that sometimes these lower -paid persons do not have the benefit of collective bargaining in their work environment. And they are then, as I said earlier, exploited. Mr. Speaker, what I did do is speak to an employer. Actually, they sent me some comments voluntarily. And this is what I wa s referring to earlier. This is not a philosophical exercise. It is a practical exercise. And they referred to some of the comments that were made earlier by Minister Wilson in that they are exci ted about this legislation. And I am saying, What do you mean? That makes no sense. [They replied] No. I am excited, Anthony, b ecause this now levels the playing field. It means that I can better compete because we all have to have at least that minimum level of salary or wages. Because right now there are many per sons in Bermuda who operate based upon exploitation in terms of paying the absolute minimum amount of money to their emplo yees. And that is how they are able to make money. It is not about them, for example, paying mi nimal, minimal, minimal and making no money. They make an excessive profit. And so, at some level (and this may be idealistic) the employers themselves have to figure out what they can do now to potentially , [possibly] reduce a bit of their profit but still be more humane. And in doing so they may find that their workers themselves are more productive because at least they know, I am going to get paid some amount of 198 9 December 2022 Official Hansard Report
Bermuda House of Assembly money and I can then afford to buy my groceries and whatever else has to happen. So, this does not have to be negative. It can be very, very positive. And that again is a comment certainly for those in the listening audience who may be currently impacted because they make less than $16.40 per hour. Mr. Speaker, this same employer told me that he is so excited by the legislation, an d he is in an i ndustry in which the employees are currently paid less than the mandated minimum [wage]. But he is so excited that he is currently putting in place processes whereby he will implement the minimum wage way before it becomes mandatory for it t o be done and is doing that by considering better negotiation with his suppliers and also—
Mr. Anthony Richardson—ensuring that he can make policy decisions internally to allow his workforce to operate more efficiently. So again, I will say that this does not have to at all be seen as negative. And to refer back to MP Pearman, it is not about having your cake and eating it …
—ensuring that he can make policy decisions internally to allow his workforce to operate more efficiently. So again, I will say that this does not have to at all be seen as negative. And to refer back to MP Pearman, it is not about having your cake and eating it too. And I believe that it is correct that we will all benefit in the sense that if there is greater competition, even amongst employees to provide a higher level of service, then we will benefit. Because we all know what it is like to go to a restaurant especially, or any other service place, and get good service. Nothing beats good ser vice. And I know for me, sometimes if I go somewhere and if I am not happy, I probably will not even complain, but what I will not do is return. I will simply not patronise th at business anymore. Mr. Speaker, even in this room sometimes we complain about t he employers who we believe in Bermuda are negative (I will put it [that way] to be kind) . And my point is simply this. Do not complain. Just do not patronise. Because if enough of us start to understand that lack of patroni sing will cause them to change, then we will see change a lot more. So, Mr. Speaker, I will say this one more time. We have to accept the fact that in Bermuda, yes, we do operate in a capitalist environment. It can be characterised in some respects as exploitation. But not every employer (remember now even what MP Burgess said) is unduly exploiting their employees. And so, this can certainly bring us to a better place once this is implemented. If employees can feel better about going to work, they will do a better job. There will be great er efficiencies. And for those that patro nise, we will be happy because we will get a better ser-vice, even something as small as an employee who speaks positively and has a smile on their face. It makes a big difference in terms of how we receive the servi ce. So, Mr. Speaker, to Minister Hayward and the Government, I certainly applaud the work, the effort, the research that has gone into this legislation. We look forward to the actual implementation. And for those in the room and those in the listening audi ence, to the extent that you have some concerns, there is now time to work through those concerns. As I said for one employer, he is going to implement it a lot earlier. But for anyone else, they have time now to work through the process before it becomes mandatory. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member . . . MP Jackson, you have the floor.
Ms. Susan E. JacksonI will not take too long. I have been listening to the debate today , and I am sorry , I had to giggle at the prospects that the labour force will be smiling and happy and just over the moon because of the $16.40 an hour. My concern is …
I will not take too long. I have been listening to the debate today , and I am sorry , I had to giggle at the prospects that the labour force will be smiling and happy and just over the moon because of the $16.40 an hour. My concern is that there is not a whole lot in here that the labour force is really going to understand. And so, people are probably listening to this debate today thinking, Well, what does this r eally have to do with me? Explain how this is all really going to work when it comes down to the money that I have in my pocket . So, I have decided that this is where I am going to take my debate this afternoon, Mr. Speaker. Let’s begin by saying that this piece of legisl ation, in my interpretation, is really taking a hard look at the employer. And if the emplo yer does not do it right they are going to get punished. But there is a little in the beginning of this piece of legislation that says that when you are 18 years of age, if you are entering into the labour market that you have an opportunity to begin at a certain level of payment which will be $16.40, about which none of us can argue. I think that is an admirable place for this legislation to begin. I believe that this legislation is something that, as the Deputy Premier had said, is a foundation piece for Labour Government to put into place. And this is a historic moment as far as this kind of legislation entering into our books here in Bermuda. But on the other side of it, we still have to deal with the reality of what this minimum wage and this $16.40 is really going to do for people on December 9, 2022, or June 1, 2023, as far as their daily living is concerned. Mr. Speaker, what concerns me is the fact that we have such high health insurance coverage . We have to pay social insurance. Yes, the Gover nment is doing what they can to curtail the payroll taxes. But the bottom line is that unless the situation is answered in a different way than I am interpreting it in
Bermuda House of Assembly this law, people are still going to have to pay most of their salary to cover benefits. And t here is not going to be that extra amount of cash that is needed for people to be able to really benefit and have something of which they can use to improve their living and stand-ard of living and have the cash on hand to buy some of the things that they m ight like to buy. So, people really are working in order to cover their health insurance, or they are working in order to pay into social insurance to be able to get a pension when they retire. And they are not having an oppor-tunity to work in order to get paid so that they can live a life and enjoy some of the finer things, whether it is doing things with their children or maybe getting the luxury of a bike or a car which are expected things that people in Bermuda would like to have. So, the real question that I ask today of the Government is: What are we really going to do about the cost of living? What are we going to do to manage and control the escalating cost of living in Bermuda which is making it absolutely ridiculous for people to live here and survive above subsistence ? And the idea that we have a situation where people are asked to work for a minimum wage of $16.40, and be expected to be glad at the fact that this is some major gift that they are being given by the Government , when it is really not going to have a huge impact on their living, especially if they have families to support. The other piece that is the big elephant in the room is inflation. Everybody knows that no matter what, when you walk into the grocery store to buy anything (it is almost on a weekly basis) the prices are going up. And we get it. We have heard it over and over again, and all the reasons why. But, Mr. Speaker, until we are able to either have a real conversation about what is really going on with the inflation in Bermuda and acknowledge the fact that it is really expe nsive to live here right now and there is no option in sight, the Government is almost fooling people into thinking that $16.40 an hour is going to do something for them. By the time the $16.40 is put int o place, Mr. Speaker, with the cost of living here in Bermuda, with the price of goods here in Bermuda, people will still be in debt. So, although it is a wonderful piece of legisl ation to put on the books as something that the Labour Government has estab lished and figured out and done for the people of Bermuda, when it comes to the practical application of it all, the people of Bermuda are not necessarily going to see the difference. And they are not going to see the difference, Mr. Speaker, until this Go vernment gets the cost of living under control and gets real about the inflation here on the Island. Now, Mr. Speaker, the other thing I am just curious about with this piece of legislation is that there is not anything in here that supports the worker. A nd the reason I am saying that is that it is very much punitive. Hon. Jason Hayward: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. Yes. POINT OF ORDER [Misleading] Hon. Jason Hayward: The entire legislation is designed to ensure that the worker is protected. The Member is misleading the House— directly misleading the House. Not inadvertently, directly.
The SpeakerThe SpeakerMember, take his point into consider ation.
Ms. Susan E. JacksonYes. Thank you. Accepted, Mr. Speaker. My point is that with other pieces of legislation that we have had out there which protects the worker or protects Bermudians, there is not anything in this legislation that just even addresses the possibility of things around financial literacy , or how to …
Yes. Thank you. Accepted, Mr. Speaker. My point is that with other pieces of legislation that we have had out there which protects the worker or protects Bermudians, there is not anything in this legislation that just even addresses the possibility of things around financial literacy , or how to manage our money, how to support people when they are working seasonally so that they can understand and maybe have vehicles of which they can save in order to be able to cover their expenses when we go through our low season or our off season on the Island. There is not anyt hing in here around being able to protect Bermudians , in particular , when they have to compete with other workers. This Island has a situation where [some] people, [non -Bermudian foreign workers] will be earning $16.40, and they will be able to live and save that money because they have access to dormitories and free Wi -Fi and food. There are going to be Bermudians that are earning that same $16.40, and they have to go find their own food and they have to pay their own Wi -Fi and they have got to figure out their own rent. So, I am just putting it out there that , yes, this is a good start. But there is a lot of work that still needs to be done, Mr. Speaker, in order to really pr ovide the equity that is necessary for Bermudians to have an opportunity to live a fulfilling life here from beginning work at the age of 18 and getting minimum wage through to the establishment of their families and their homes through to retirement. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Jackson. MP Famous, you have th e floor.
Mr. Christopher FamousI am going to start with the book of Lazarus , the guy that died and came back to 200 9 December 2022 Official Hansard Report Bermuda House of Assembly life, unable to come to somewhere on Friday but able to go to a party on Monday. Lazarus. Mr. Speaker, …
I am going to start with the book of Lazarus , the guy that died and came back to 200 9 December 2022 Official Hansard Report
Bermuda House of Assembly life, unable to come to somewhere on Friday but able to go to a party on Monday. Lazarus. Mr. Speaker, when we were in your other House, the one to the s outhwest , I remember a debate about healthcare reform. Anyone remember that debate? And there was a particular Member who spoke vociferously (Is that a good word, vociferously ? Is that parliamentary , vociferously ?) against healthcare reform. He referred to it as socialism. He forgot to mention the healthcare reform that we are trying to get [passed like they have], I don’t know, in Nordic countries, you know. Not communist countries. Nordic countries. But he said, This is socialism . What he also forgot to mention was that in his declaration of interest he is a major shareholder of two insurance companies. But let me not . . . let me not . . .
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading ]
Mr. Scott PearmanMy interest was declared during the debate, and it is on the website of the House of Parliament for all to see. Thank you, MP Famous.
Mr. Christopher FamousI never once called a name. All I said was Lazarus . And he arose. [Laughter]
The SpeakerThe SpeakerContinue. Speak to the Chair. Direct it this way.
Mr. Christopher FamousMr. Speaker, so on one hand we have someone fighting against lowering the costs for the people of this country. Then today, years later, in your other House . . .
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Scott PearmanMP Famous is again misleading the House. My position on the PLP health care Bill was not that I am against lowering the cost of health care. It was that the B ill was a disaster from start to finish and would not have achieved its stated goal. I am …
The SpeakerThe SpeakerMP, be mindful of his viewpoint on it.
Mr. Christopher FamousAnd on the third day, he arose again. Mr. Speaker, today I am sitting here . . .
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Imputing improper motive]
Mr. Scott PearmanThe Honourable Member is i mputing improper motive. On Friday, as you know, Mr. Speaker, before 2:00 pm when all the PLP failed to show up, I had told you that morning that I had COVID -19. It is not some ex post facto explanation. And yes, I did see …
The Honourable Member is i mputing improper motive. On Friday, as you know, Mr. Speaker, before 2:00 pm when all the PLP failed to show up, I had told you that morning that I had COVID -19. It is not some ex post facto explanation. And yes, I did see Mr. Famous on Monday night and I am glad I am not the onl y person who went to talk to him at the party.
The SpeakerThe SpeakerI am trying to relate that to today ’s . . . [Inaudible interjections ]
Mr. Christopher FamousToday I am here trying to commisera te as a once- Brazil -fan. And I am sitting there, and I am listening to someone . . .
The SpeakerThe SpeakerJust speak to the Chair and you will be safe. Direct your comments this way. Leave any indi-vidual out of it.
Mr. Christopher FamousYes. Mr. Speaker, I am listening to people arguing against or somewhat inferring, arguing against a decent wage for some of the workers of this country. So, on one hand some pe ople—I did not call any names —were fighting against health care reform that would lower bills but then …
Yes. Mr. Speaker, I am listening to people arguing against or somewhat inferring, arguing against a decent wage for some of the workers of this country. So, on one hand some pe ople—I did not call any names —were fighting against health care reform that would lower bills but then on the other hand some people (I am not calling names ) are fighting against raising wages. So, I am kind of trying to figure this one out. But anyway, Mr. Speaker, I read an article by the Deputy Chairman of the OBA who said they su pport—they fully support —the PLP minimum wage. So somewhere, maybe in th eir caucus, there is, I don’t know, some disjointedness. But he said he had a c aveat. Is that a word , caveat? Caveat, right? That he
Bermuda House of Assembly would like to see an increase in population so that the businesses can supp ort this minimum wage. Then I had to think about it, and I said, Well, Cayman Islands (you know, the place that they always like to refer to) had a 10 per cent increase in popul ation where they went from 70,000 to 80,000 within a year. But their minimum w age is only $7.00. Then I went and thought about how Turks and Caicos had a population increase, many of which are actually illegal aliens, and their minimum wage is about $6.00 an hour. So, I asked myself: What does this Deputy Chairman of the OBA expect that [if] we have a 10 per cent increase in population then we can give people minimum wage? Like, why is this a catch? Do w e tell people, Hey, listen, just hold on. Suffer for the time being until we get 10 per cent more people? Is that what was discusse d in caucus? I don’t know. Mr. Speaker, here we have a party, an orga nisation that has increased the social media over the last few months . Pretty good. Or they stand outside of our sign to say, Oh , yes, we were canvassing. I did not see any sweat on them , so I don’t know. But they go to these events and say, Look. We are the cha mpions of diversity. They went to this colourful event with a lot of rainbows and said, Look. We are the champions of diversity. They went to Labour Day . Look. We are the champions of diversity . But the thing is, at the Labour Day March, some of them really felt and looked out of place, not only because they were wearing red, and it was a sea of green, but more so that the people there did not feel them, did not feel like they actually cared about labour. You know, they may shout at us and whatever, but we are brothers and sisters. But these folks looked and felt out of place. So, here today, they are almost proving what the people of the Labour Day March felt—that you really do not care about the workers, because you are actually arguing against us getting a liveable minimum wage. Let’s close the book of Lazarus. Let’s move on to something else here, Mr. Speaker, still related. We talk about inflation. This is related because it was part of the speech here. I always hear, The Gover nment has got to control inflation. T he Government is doing nothing about inflation. But I never hear the OBA go after the people who are actually selling goods. I have never once heard them say, Hey, RUBiS, you need to lower your prices. I have never once heard them say, Marketplace, you are gouging the people. I have never once . . . maybe I missed it. But it is always the Government’s fault. Then I did a little research and I realised. Hey, hold on. The G overnment is not even taxing them that much. But the cost of living is our fault. How is that? Mr. Speaker, there is this thing called the J anus. Anyone heard of that? It is a coin, a two- headed coin. One person talks one way ; one person talks the other w ay. So, here we have the OBA who goes to a Labour Day thing but fights against, you know, people actually getting more money. Here, we have the OBA complaining about the cost of living, but never say anything to the people who are actually raising the cost of living. Here we have the OBA who say, you know, we are for the people. But the words in Parli ament here sound a lot different. It is a two- headed coin. I am going to close with this, Mr. Speaker. They have to decide who they want to be. Either you want to be for the people, because those are the ones, whether you knock on their doors, who are going to remember , Hey, you guys fought against me getting a liveable wage. Or you are going to be for the people who want to increase the profits. You cannot be both. Because right now you look like the two- way OBA. That’s it, Mr. Speaker.
The SpeakerThe SpeakerDoes any other Honourable Member wish to add a comment to today’s debate? Minister, would you like to wrap up? Hon. Jason Hayward: Mr. Speaker, I am somewhat upset at the way in which the debate turned out today. Some years ago, we collectively sat in the House of Assembly …
Does any other Honourable Member wish to add a comment to today’s debate? Minister, would you like to wrap up?
Hon. Jason Hayward: Mr. Speaker, I am somewhat upset at the way in which the debate turned out today. Some years ago, we collectively sat in the House of Assembly and on both aisles of the House a minimum wage was supported. That is when the Joint Select Committee released their report. The Joint S elect Committee asked the Government to put together a Wage Commission so that there can be an independent assessment done of what the proposed wage would be. And we designed a legislative framework on that. That was supported by both sides of the House. And th e debate that ensued when that Bill was actua lly debated on the floor of the House was supported by both sides of the House. The Hansard reflect s that there were no objections to the passing of such legi slation. The Wage Commission then produced a report. The Ministry of Economy and Labour reviewed the report in detail. And then the Government went as far as putting out a P osition Paper on prescribing a minimum wage for Bermuda. It set out the reasons why. It set out the Government’s thought process. It talked about the recommendations we followed as it pertains to the Wage Commission for recommendations and what we considered. But the thought pr ocess and the why are still being questioned here t oday. The Opposition Whip decided to hark back on the Joint S elect Committee report and did not make reference to the Wage Commission report nor the Position Paper that the Government put out. Progress has been made from two years ago. But why I am really taken aback is because we talk about persons who are struggli ng in this country as if they are not human beings, as if . . . we are kind of using them as political pawns to prove a point. 202 9 December 2022 Official Hansard Report
Bermuda House of Assembly As the Minister responsible for Financial Assistance, I know all too well the struggles that people face in this country, because I am the Minister at the door of last resort. As a dedicated trade unionist, I not only repr esented workers who organised, but I advocated for workers who are unorganised because I realised that since individuals were freed from slavery, 100- plus years ha ve gone, and people have in some instances progressed to only $5 .00 an hour in this country. Mr. Speaker, we must ask ourselves: How is that possible? In a countr y with one of the highest costs of living in the world, we still have some of the lowest wage rates in the world. That is a fact. These statistics will show that we have individuals with a median income that is less than $25,000. And this is for 40- hour work weeks. I have seen persons with m inus pay cheques in personal career services. I have seen persons with minus pay cheques in hospitality. It is a reality that we need a wage floor . It is a reality that when the PLP in their first party platform pushed for a minimum wage, it was a need then , in a more affordable Bermuda, and there is a need now in a Bermuda whose costs are running away from our people. I am not going to debate economics. I am well-versed in both sides of the arguments —the arguments for and against the minimum wage. And we will sit here and debate the plus -and-minuses of that. But what I do know as a trade unionist is when I went in a room and negotiated wage salaries year after year, the people who are beneficiaries of that wage salar y may not have always been happy because they wanted more, but they were appreciative. They are appreciative that someone was looking out for their best interests. They are appreciative that certain things that they could not afford a month before, ma ybe they can afford those things now. We have a portion of people in this country who have never benef ited from c ollective bargaining agreement s, or collectivism. Those persons have been left behind. The unions and collective bargaining are the greatest mechanisms to remove workers out of poverty. And more workers should organise in this country so that th ey can enjoy the benefits of collecti vism. But the reality is that some members are not in that situation or predicament to benefit. And so, it is we as a Government who have a social justice ethos to ensure that we help those individuals. I am not standing here today and glorifying $16.40. There are persons who will argue that it is too little. And there are others who would argue that it is too much. But, Mr. Speaker, it is a meaningful step in the right direction. What I heard coming from the O pposition today in terms of justification as to why we should not move in this direction, which I fundamentally disagree with, is one of those arguments that support the upside to inequality, the upside to keeping people at a poverty level. When I signed up as a Mem ber of Parliament, not one business can vote for me. People —human beings —vote for us as parli a-mentarians, and that is who we should be up here advocating on behalf of. We are talking about $16.40 in Bermuda in this day and age. Anybody saying it is too hi gh should be ashamed of themselves. Mr. Speaker, notwit hstanding that, this Bill is not about $16.40. This Bill is about who is entitled and ensuring that there is proper enforcement. Because if we do not put proper enforcement in place, just like individuals skirt around the other provisions in the Employment Act , they will find ways to skirt around paying minimum wages. And that is something this Government certainly will not tolerate. And so, we are putting the proper regime in place to ensure that persons cannot skirt around their obligations so that workers can make a fair day’s [wage] for a fair day’s work. Mr. Speaker, I am proud of what this Gover nment is accomplishing today. But this is not in isol ation. I spoke about financial assistance and the reform we are doing there. If persons make $16.40 and it is still not enough, this is why we are making it easier for persons to get financial assistance. This is why we are going to put parents in a better position by expa nding childcare allowance. This is why we are looking at the rates that we provide for financial assistance recipi-ents. I highlighted today that 210 individuals on fina ncial assistance are low earners. With this change and the changes that we are making to financial assi stance reform where we do not factor in all of their i ncome , but we will be factoring in 50 per cent of their income and 50 per cent of child support rather than all child support, this puts more money in the pockets of Bermudians. Mr. Speaker, we say Bermuda is another world. But it really is not. In 2021, the ILO (International Labour Organization) and the economists within the ILO put out a global wage report. They put it out every year. But last year’s global wage report talked about a greater gap being created due to th e pandemic. And one of the number one ways of closing that gap is to ensure that there are minimum wages, and, where there are minimum wages in place , the pr ogression of those minimum wage upwards. The 2022 report, Mr. Speaker, discusses the inflationary pressure that is placed on workers. That inflationary pressure is having a toll on the purchasing power of workers worldwide. If you look at the policy recommendations in the back of that document written by economists, that document tells you that one of the policy recommendations is ensuring that we are pr ogressing wages for those people who find themselves outside of organised labour. I am glad that I looked at a number of the recommendations , and the Bermuda Government is on a good footing with progress ing in a number of those areas. So, today, Mr. Speaker, I am pleased with the work that has been done. We have been extremely measured in our approach. I have met with the Hotel Association on numerous occasions , and the hoteliers
Bermuda House of Assembly themselves. I have met w ith the Retail Division of the Chamber of Commerce. I have met with the Personal Care Division with the Chamber of Commerce, all in consultation after the Position Paper went out. All support a minimum wage. So, the employer groups that the Opposition is s peaking about who have concerns, I would welcome dialogue with them. I have been above and beyond with making myself available to all employer groups. I have met with the service stations, those i ndividuals who pump gas. You would be surprised. They do not make $16.40. Most of them rely on tips. But every time I go to the gas station, I use my card and I do not tip those individuals. And after I found out that their income was derived from tips, I felt bad.
[Inaudible interjection] Hon. Jason Hayward: Par don me?
The SpeakerThe SpeakerSpeak this way. Speak this way. Hon. Jason Hayward: I felt bad. I felt bad because I did not know. I did not know the extent to which those workers were being paid and that a tip really mattered for those workers. I thought the tip w as associated with …
Speak this way. Speak this way.
Hon. Jason Hayward: I felt bad. I felt bad because I did not know. I did not know the extent to which those workers were being paid and that a tip really mattered for those workers. I thought the tip w as associated with window cleaning and other services. But it is not just a deliberate not tipping an individual. It is a trans ition when we moved from carrying cash in society. And when we begin to carry [cards], we then reduced the discretionary excess money that we carry . . . and as a result, that has a trickle -down effect as it pertains to tips and things of that nature. It is the same thing in restaurants. And so, we will include service charges and gratuities that are collected by emplo yers. We will exclude free tipping because we are not allowing anybody to include any money into a calcul ation that they cannot account for. But it talks about . . . when I look at those service station workers, 98 per cent Bermudian males —Bermudian males. And so, when I looked, I felt ashamed that I was not leaving tips because I was using my card. I am now proud to know that their wages will progress as a result of this legislation. With that, Mr. Speaker, I move that the Bill be now committed.
The SpeakerThe SpeakerThank you, Minister . Deputy [Speaker] . House in Committee at 4:48 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL EMPLOYMENT (MINIMUM HOURLY WAGE ENTITLEMENT) ACT 2022
The ChairmanChairmanHonourable Members, we are now in Committee of the Whole [House] for further consider ation of the Bill entitled the Employment (Minimum Hourly Wage Entitlement) Act 2022 . Minister Hayward, you have the floor. Hon. Jason Hayw ard: Mr. Chairman.
The ChairmanChairmanYes. Hon. Jason Hayward: I move clause 1. Clause 1 is the citation for the Bill .
The ChairmanChairmanDo you want to move a number of them? Okay, go ahead. [Pause]
The ChairmanChairmanAny objections to approving clause 1? Appro ved. [Motion carried: Clause 1 passed.]
The ChairmanChairmanThere is an amendment in clause 2. Hon. Jason Hayward: Mr. Chairman, I would like to amend clause 2. I would now like to move clause 2.
The ChairmanChairmanAnd the amendment. AMENDMENT TO CLAUSE 2 Hon. Jason Hayward: I would like to amend clause 2 by deleting the definition of “inspector” and substituting the following: “ ‘inspector ’” means an inspector designated by the Minister under section 9.”
The ChairmanChairmanAre there any objections to the amendment? There appear to be no objections. Do you want to move to approve it? Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 1 and 2.
The ChairmanChairmanIt has been moved that clauses 1 and 2 be approved as amended. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clause 2 passed as amended.] Hon. Jason Hayward: Mr. Chairman, I would now like to move clauses 3 through 5.
The ChairmanChairmanContinue. 204 9 December 2022 Official Hansard Report Bermuda House of Assembly Hon. Jason Hayward: Clause 3 provides for an employee’s entitlement to a minimum hourly wage. This provision requires an employer to remunerate his employee for any pay reference period at a rate that is on average not less …
Continue. 204 9 December 2022 Official Hansard Report
Bermuda House of Assembly Hon. Jason Hayward: Clause 3 provides for an employee’s entitlement to a minimum hourly wage. This provision requires an employer to remunerate his employee for any pay reference period at a rate that is on average not less than such percentage of the mini-mum hourly wage. Clause 4 provides for the pro- rata entitlement to a minimum hourly wage for less than a full hour. Clause 5 provides for calculations to be made with respect to the minimum hourly wage. This prov ision provides for the deductions from the wages of an employee or payments to the employer by the employee that are statutorily permitted.
The ChairmanChairmanAny further speakers? Minister Pearman.
Mr. Scott PearmanThank you, Mr. Chairman. Minister, during the debate, I invited you to confirm whether or not the $16.40 was gross or net. I am not sure you did. But this is the clause with which I am struggling.
The ChairmanChairmanWhich clause are you talking about?
Mr. Scott PearmanClause 5 at the top of page 4. If you look at clause 5(1), it says, “Nothing in this Act prevents the deduction from any wage to which an employee is entitled,” et cetera. That suggests the $16.40 is gross. Then you have a deduction. There is no prevention of …
Clause 5 at the top of page 4. If you look at clause 5(1), it says, “Nothing in this Act prevents the deduction from any wage to which an employee is entitled,” et cetera. That suggests the $16.40 is gross. Then you have a deduction. There is no prevention of deduction. Right? Nothing prevents anything entitled by other enactment or i nstruments, et cetera. So, it is $16.40, and you are ent itled to deduct. Clause 5(2) says, “No such deductions as r eferred to in subsection (1) shall be made or payment allowed for in calculating the hourly ” minimum wage “. . . for the purpose of . . . this Act,” et cetera. So, that says the deductions cannot be counted in ascertaining whether someone is receiving the minimum wage. That suggests that the $16.40 is not before deductions. So, could you just clarify whether the $16.40 is subject to deductions and someone takes home something less than $16.40 in the ir pocket or whether they will always get $16.40 in their pocket. Thank you.
The ChairmanChairmanMinister. Hon. Jason Hayward: Mr. Chairman, clause 5 as it pertains to the calculations for the purposes of this Act. Clause 5(1), those are mandatory court order of contractual deductions that are being referred to and not the statutory deductions in the Employment Act.
Mr. Pearman.
Mr. Scott PearmanThank you. So, when clause 5(1) says “any other enac tment ,” we should not read that as including the Payroll Tax Act or the S ocial Insurance Act or the Pension Act? Are those to be excluded from enactments? Hon. Jason Hayward: Clause 5(1) reads “Nothing in this Act …
Thank you. So, when clause 5(1) says “any other enac tment ,” we should not read that as including the Payroll Tax Act or the S ocial Insurance Act or the Pension Act? Are those to be excluded from enactments?
Hon. Jason Hayward: Clause 5(1) reads “Nothing in this Act prevents the deduction from any wage to which an employee is entitled in accordance with this Act.” “Prevents the deductions” —so, it allows for d eductions that are outlined in the Employment Act.
Mr. Scott PearmanI think the Honourable Minister answer ed my question. So, the answer is that you may not deduct from $ 16.40, notwithstanding the language of clause 5(1) which says deductions “in accordance with any other enactment.” You are excluding from the phrase “in accordance with any other enactment” —all of …
I think the Honourable Minister answer ed my question. So, the answer is that you may not deduct from $ 16.40, notwithstanding the language of clause 5(1) which says deductions “in accordance with any other enactment.” You are excluding from the phrase “in accordance with any other enactment” —all of the deductions that would normally be made from a per-son’s salary. I do not know why you are doing that. But I think you have answered the question , if I have it right.
Hon. Jason Hayward: The [answer] is that the $16.40 is gross. So, the deductions that are made according to the Employment Act will be taken out accordingly.
Mr. Scott PearmanSo, can a deduction in accor dance with the social insurance be taken away from the $16.40 or not? I mean, employers need to know this, right?
An Hon. Member An Hon. MemberEmployees need to know this. Hon. Jason Hayward: What the Member is trying to go through is going and getting into the mechanics of the $16.40 and the calculations and what would be deducted. This Bill specifically speaks to two things that will be done: Regulations and an Order. In …
Employees need to know this.
Hon. Jason Hayward: What the Member is trying to go through is going and getting into the mechanics of the $16.40 and the calculations and what would be deducted. This Bill specifically speaks to two things that will be done: Regulations and an Order. In those Regulations and in the Order, it will specifically speak to the deductions which are allowable, the ones that are not , and clarify the intention of the particular Act. So, if the Member is baffled now, certainly in the R egulations and in the Order that prescribes the minimum wage, those matters will be clarified.
The ChairmanChairmanAll right. Any further speakers to clauses 3 through 5? There appear to be none. Minister, do y ou want to move clauses 3 through 5? Bermuda House of Assembly Hon. Jason Hayward: Mr. Chairman, I move that clauses 3 through 5 be approved.
The ChairmanChairmanAny objections to clauses 3 through 5 being approved? There appear to be none. Approved. [Motion carried: Clauses 3 through 5 passed.] Hon. Jason Hayward: Mr. Chairman, I now move clauses 6 through 8.
The ChairmanChairmanContinue. Hon. Jason Hayward: Clause 6 provides for the a verage hourly rate of pay. The provision requires that for the purpose of determining whether an emplo yee is being paid the minimum hourly wage to which he is entitled for a pay reference period, all of his pay in …
Continue.
Hon. Jason Hayward: Clause 6 provides for the a verage hourly rate of pay. The provision requires that for the purpose of determining whether an emplo yee is being paid the minimum hourly wage to which he is entitled for a pay reference period, all of his pay in a specific pay reference period is to be included in cal-culating his average hourly rate of pay in that period. Clause 7 provides for the duty of employers to keep records. This provision requires every employer to keep at the premises where the employee works or the premises where the employee is principally d irected or controlled such records as are necessary to demonstrate compliance with the B ill in relation to the employee. Clause 8 provides for the employee’s right of access to records. The provision gives a right to an employee, subject to the limitations set out in the clause, to require his employer to produce any rel evant records and to be able to inspect, examine and copy the records. An employee may exercise his rights under the provision only where he believes on reasonable grounds that he is or may have been r emunerated at a rate that is less than the minimum hourly wage or if he wishe s to establish that he is b eing remunerated at a rate less than the minimum hourly wage.
The ChairmanChairmanAny speakers to clauses 6 through 8? The Chair recognises the Honourable Member Mr. Richardson. Mr. Jarion Richardson Yes. Thank you. I draw the Mini ster’s attention to the regul ations mentioned in clause 6(2). Does the Minister anticipate when such Regulations will be completed and circulated? Hon. Jason Hayward: …
Any speakers to clauses 6 through 8? The Chair recognises the Honourable Member Mr. Richardson. Mr. Jarion Richardson Yes. Thank you. I draw the Mini ster’s attention to the regul ations mentioned in clause 6(2). Does the Minister anticipate when such Regulations will be completed and circulated?
Hon. Jason Hayward: Mr. Chairman, we cannot pr oduce Regulations for a Bill that has not been enacted.
The C hairman: Any further speakers?
Mr. Scott PearmanThank you. Same point. Same clause. Honourable Mini ster, why can R egulations not be produced for a B ill that has not yet been enacted? It is often the case that regulations are —
The ChairmanChairmanYou have to pass the B ill first. The Minister has told you that once the Bill has passed then they produce the R egulations. I mean, come on you guys.
Mr. Scott PearmanI mean, voting on Bills when you do not actually know the details of the Regulation is a pretty dangerous thing, is it not?
The ChairmanChairmanNo, not really. It happens here numerous times. Any further speakers? Mr. Jarion Richardson Yes. Thank you, Mr. Chai rman. I draw the Minister’s attention to clause 7(2) where the Minister will again make Regulati ons to prescribe the type of records an employer is to keep, et cetera. Typically, …
No, not really. It happens here numerous times. Any further speakers?
Mr. Jarion Richardson Yes. Thank you, Mr. Chai rman. I draw the Minister’s attention to clause 7(2) where the Minister will again make Regulati ons to prescribe the type of records an employer is to keep, et cetera. Typically, in other forms of R egulation, we see in guidance notes or other documents that assist in the interpretation of a particular regulatory oblig ation. Will the Minister be producing any sort of gui dance? Or will it be limited to the R egulations as described?
The ChairmanChairmanMinister. Hon. Jason Hayward: The Minister will produce Regulations. The R egulations will be subject to parliamentary scrutiny.
The ChairmanChairmanAre there any f urther speakers on the clauses? Mr. Pearman. Oh, I thought you . . . Any further speakers? [No audible response]
The ChairmanChairmanMinister, do you want to move clauses 6 through 8? Hon. Jason Hayward: Mr. Chairman, I move that clauses 6 through 8 now be approved.
The ChairmanChairmanIt has been moved that clauses 6 through 8 be approved. Are there any objections? There appear to be none. Approved. [Motion carried: Clauses 6 through 8 passed.] 206 9 December 2022 Official Hansard Report Bermuda House of Assembly Hon. Jason Hayward: Mr. Chairman, I now move clauses 9 through …
The ChairmanChairmanContinue. Clause 12 empowers inspectors to issue enforcement notices. The clause empowers an inspector, in the case where an employer has failed to pay his employee the minimum hourly wage, to serve an enforcement notice on the emplo yer requiring the employer to remunerate the employee for pay reference periods …
Continue. Clause 12 empowers inspectors to issue enforcement notices. The clause empowers an inspector, in the case where an employer has failed to pay his employee the minimum hourly wage, to serve an enforcement notice on the emplo yer requiring the employer to remunerate the employee for pay reference periods ending on or after the date of the notice at a rate equal to the minimum hourly wage. The inspector, where he finds a complaint under clause 11 well - founded, is empowered under the clause to make a declaration to that effect and to award the employee the difference between the wages he was paid and the minimum hourly wage. Clause 11 [sic] provides for the power of the Minister to publicly censure a body corporate that has contravened a requirement imposed upon it under the Bill. The provision also provides for the procedure to be followed where the Minister proposes to publicly censure a body corporate. Clause 14 empowers an inspector to—
The ChairmanChairmanYou’re on 14? I thought we were doing clauses 9 through 12. You started at 12 and you were going back. Hon. Jason Hayward: That's correct.
The ChairmanChairmanSo are you going to do 9 or 10? Which one? Hon. Jason Hayward: We should be doing 10, 11 and 12. The Chairman: Yes, 9, 10 and 11. So you've done 11 and 12, do you want to do 9 and 10? Hon. Jason Hayward: Clause 9 empowers the …
So are you going to do 9 or 10? Which one? Hon. Jason Hayward: We should be doing 10, 11 and 12. The Chairman: Yes, 9, 10 and 11. So you've done 11 and 12, do you want to do 9 and 10?
Hon. Jason Hayward: Clause 9 empowers the Mini ster to designate inspectors for the purpose of the enforcement of the Bill and the regulations made under the Bill. Clause 10 provides for the powers of inspectors. The provisions to the inspector for the perfor-mance of his duties, power: to require the production of records and other related documents; to inspect, examine and copy the records and documents; to r equire an explanation of the records or documents; to require additional information and to enter relevant premises for the exercise of his powers.
The ChairmanChairmanAny further speakers to clauses 9 through 12? The Chair recognises the Honourable Member Jarious [sic] Richardson.
Mr. Jarion RichardsonThank you. [It’s] Jarion. The Chairman: Jarion. You c hanged your name. [Laughter]
Mr. Jarion RichardsonThank you. Thank you. Thank you, Mr. Chairman. I draw the Honourable Minister’s attention to clauses 9 and 10. My ques tion relates to what the qualification of these i nspectors will be, and will they be required to undergo any specific training prior to undertaking these roles?
The ChairmanChairmanMinister. Hon. Jason Hayward: Mr. Chairman, you would know that in the Throne Speech this Gov ernment committed to establishing a Department of Labour. Underneath the Department of Labour will be labour inspectors with full job descriptions that will be set out . In the meantime, we have a labour …
Minister.
Hon. Jason Hayward: Mr. Chairman, you would know that in the Throne Speech this Gov ernment committed to establishing a Department of Labour. Underneath the Department of Labour will be labour inspectors with full job descriptions that will be set out . In the meantime, we have a labour relations manager and labour relations officers that will act as temporary inspectors if the labour inspectors, under-neath the provisions of the Department of Labour, are not up and running.
The ChairmanChairmanAny further speakers? Minister, do you want to move clauses 9 through 12? Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 9 through 12.
The ChairmanChairmanIt has been moved that clauses 9 through 12 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 9 through 12 passed.] Hon. Jason Hayward: Mr. Chairman, I would now like to move clauses 13 through 16.
The ChairmanChairmanContinue. Hon. Jason Hayward: Clause 13 provides for the power of the Minister to publicly censure a body corporate that has contravened a requirement imposed [upon] it under the Bill. The clause also provides for the procedure to be followed where the Minister pr oposes to publicly censure a body …
Continue. Hon. Jason Hayward: Clause 13 provides for the power of the Minister to publicly censure a body corporate that has contravened a requirement imposed [upon] it under the Bill. The clause also provides for the procedure to be followed where the Minister pr oposes to publicly censure a body corporate. Clause 14 empowers an inspector to serve a [penalty] notice imposing a civil penalty on an employer who has fai led to comply with the requirement to keep records under clause 7 and on a person on whom an enforcement notice has been served under clause 12 who has failed, in whole or in part, to comply with the enforcement notice. Clause 15 provides for the civil penalty proc edure. The provision enables a person on whom a noBermuda House of Assembly tice for a civil penalty has been served to require a hearing before the inspector and the inspector is r equired to hear the person before making a determination as to whether to impose the civil penalty. Clause 16 provides for the calculation of the civil penalty imposed for noncompliance with requir ements under clauses 7 and 12 of the Bill. An employer or relevant person found liable for failing to comply with such requirements under the Bill, sha ll be liable to a civil penalty calculated at a rate equal to twice the amount of the minimum hourly wage in force in r espect of each worker affected for each day during which the failure to comply has continued.
The ChairmanChairmanAny further speakers on clauses 13 through 16?
Mr. Jarion RichardsonI draw the Minister’s atte ntion, to clause 13, where the Minister considers that a body corporate has contravened a requirement i mposed on it the Minister may publish a statement to that effect. Does the Minister have any intention . . . or, what happens if the employer who …
The ChairmanChairmanMinister? Hon. Jason Hayward: Mr. Chairman, it is my unde rstanding that employers are bodies corporate. As it pertains to how they are set out in legislation this is commonly referred to as “employers.” All employer groups are commonly referred to as “body corporate.” I can speak to the intention. …
Minister?
Hon. Jason Hayward: Mr. Chairman, it is my unde rstanding that employers are bodies corporate. As it pertains to how they are set out in legislation this is commonly referred to as “employers.” All employer groups are commonly referred to as “body corporate.” I can speak to the intention. The legislation sets out the provisions and the resources and the tools that the Minister has to ensure that there is e nforcement, and we will follow these particular clauses within the Act when required.
The ChairmanChairmanAny further speakers? There appear to be none. Minister, do you want to move clauses 13 through 16? Hon. Jason Hayward: Mr. Chairman, I want to move clauses 13 through 16.
The ChairmanChairmanIt has been moved that clauses 13 through 16 be approved. Any objections to that? There appear to be none. Approved. [Motion carried: Clauses 13 through 16 passed.] Hon. Jason Hayward: Mr. Chairman, I want to move clauses 17 through 23.
The ChairmanChairmanContinue. Hon. Jason Hayward: Clause 17 provides for a person convicted with an offence under t he Act not to also be made liable to a civil penalty in relation to the same matter. Clause 18 provides for appeals against a d ecision of an inspector to be made to …
Continue.
Hon. Jason Hayward: Clause 17 provides for a person convicted with an offence under t he Act not to also be made liable to a civil penalty in relation to the same matter. Clause 18 provides for appeals against a d ecision of an inspector to be made to the Employment and Labour Relations Tribunal established under section 44B of the Employment Act 2000. This provision enables persons on whom an enforcement notice has been served under clause 12 and those on whom a civil penalty is imposed under clause 16 to appeal to the Employment and Labour Relations Tribunal. Clause 19 provides for appeals against dec isions of the Employment and Labour Relations Tribunal on a point of law to be made to the Supreme Court. Clause 20 provides to make it an offence for any person to fail to comply with any requirement un-der the Bill. Clause 21 provides power to the Minister to make regulations and orders that are necessary or expedient for the carrying out of the provisions of the Bill. Clause 22 provides consequential amendments to the Employment (Wage Commission) Act 2019, so as to provide for additional categories of employees that are exempt from the provisions of that Act. Clause [23] provides for the Minister to bring the Act into operation by notice published in the G azette .
The ChairmanChairmanAny speakers to clauses 17 through 23?
Mr. Richardson.
Mr. Jarion RichardsonThank you, Mr. Chairman. When does the Honourable Minister intend to bring them in . . . or, sorry, when does he anticipate bringing the Act into operation? Hon. Jason Hayward: Mr. Chairman, the Act will be brought into . . . will commence once published in the Gazette .
The ChairmanChairmanAny further speakers? There appear to be none. Minister, do you want to move clauses 17 through 23? Hon. Jason Hayward: Mr. Chairman, I would like to now move clauses 17 through 23. 208 9 December 2022 Official Hansard Report Bermuda House of Assembly The Chairman: It has been moved …
Any further speakers? There appear to be none. Minister, do you want to move clauses 17 through 23? Hon. Jason Hayward: Mr. Chairman, I would like to now move clauses 17 through 23.
208 9 December 2022 Official Hansard Report
Bermuda House of Assembly The Chairman: It has been moved that clauses 17 through 23 be approved. Are there any objections to that? There appear to be none. Clauses 17 through 23 have been approved,
[Motion carried: Clauses 17 through 23 passed.] Hon. Jason Hayward: Mr. Chairman, I would now like to move the preamble.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Jason Hayward: Mr. Chairman, I move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Any objections to that? There appear to be none. The Bill will be r eported to the House as amended. Mr. Speaker. [Motion carried: The Employment (Minimum Hourly Wage Ent itlement) Bill 2022 was considered by …
It has been moved that the Bill be reported to the House as amended. Any objections to that? There appear to be none. The Bill will be r eported to the House as amended. Mr. Speaker. [Motion carried: The Employment (Minimum Hourly Wage Ent itlement) Bill 2022 was considered by a Committee of the whole House and passed with amendment s.]
House resumed at 5:11 pm [Hon. Dennis P, Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
EMPLOYMENT (MINIMUM HOURLY WAGE ENTITLEMENT) BILL 2022
The SpeakerThe SpeakerAll right, Members. Are there any objections to the Bill being r eported to the House as amended? None. The Bill has been reported as amended. That moves us on to [Order] No. 6 on the O rder Paper, which is the second reading of the Deve lopment and Planning …
All right, Members. Are there any objections to the Bill being r eported to the House as amended? None. The Bill has been reported as amended. That moves us on to [Order] No. 6 on the O rder Paper, which is the second reading of the Deve lopment and Planning Amendment Act 2022 in the name of the Deputy Premier, the Minister of Home Affairs. Minister .
Hon. Walter H. Roban: Thank you, Mr. Speaker. I move that the Bill entitled the Development and Planning Amendment Act 2022 be now read a second time.
The SpeakerThe SpeakerAre there any objections? Continue, Minister. BILL SECOND READING DEVELOPMENT AND PLANNING AMENDMENT ACT 2022 Hon. Walter H. Roban: Thank you, Mr. Speaker. I rise to introduce for the second reading the Bill ent itled the Develop ment and Planning Amendment Act 2022. This Bill seeks to amend the Development …
Are there any objections? Continue, Minister.
BILL
SECOND READING
DEVELOPMENT AND PLANNING AMENDMENT ACT 2022
Hon. Walter H. Roban: Thank you, Mr. Speaker. I rise to introduce for the second reading the Bill ent itled the Develop ment and Planning Amendment Act 2022. This Bill seeks to amend the Development and Planning Act 1974 to make use [classes] orders made by the Minister under section 14 (2)(f) subject to the negative resolution procedure and to revoke the Development and P lanning (Use [Classes]) Order 1975. Mr. Speaker, the proposed amendment to section 14 of this Act will allow for an expedited legi slative process which provides the flexibility to make new use [classes] orders or any future changes to such orders where re quired. Mr. Speaker, this Bill will also revoke the Development and Planning (Use [Classes]) Order 1975, which was last amended in 1984 and is, therefore, extremely out of date as a means of classifying current typical use of buildings. Mr. Speaker, the new draft Development and Planning (Use [Classes]) Order 2022 [the 2022 Order] intends to provide an updated and more appropriate classification of uses of land and buildings. The 2022 Order is not being tabled as it will become subject to the negative resolution on the passing of the Bill. However, Honourable Members will be aware that I have circulated the 2022 Order for their reference. And I believe, Mr. Speaker, it was shared with your staff to be circulated to Members. The 2022 Order also provides clarity and appropriate differentiation between various types of uses and allows for certain changes of use to be made without requiring the submission of a planning applic ation. For example, under the 2022 Order, a real estate office could be changed to a ba nk or a doctor’s office without the need for a planning application. Mr. Speaker, the 2022 Order also represents a necessary first step for further future changes to Bermuda’s planning system. One of the most not eworthy changes is the forthcoming amendments to the Development and Planning (General Development) Order 1999 which will introduce permit changes of use wherein planning permission will not be required to change certain classes in certain limited circumstances. Under such provisions a restaurant c ould be changed to a shop without the need for planning per-mission. Mr. Speaker, the Development and Planning Amendment Bill 2022 and associated Order are crit ical to the development of future planning policy and
Bermuda House of Assembly the ongoing streamlining measures of the D epartment of Planning. The approval of and amendments to f uture use class orders via the negative resolution pr ocedure is an efficiency in itself, whilst the 2022 Order will allow for certain changes of use to occur without the need for planning permission, which will be further facilitated by the amendments to the 1999 Order. Mr. Speaker, lastly, I would be remiss if I did not recognise the efforts of the team responsible for producing this legislation, including Mr. Paul McDonald, who is here in the Cham ber, to give advice on the Department of Planning; and Ms. Amani Lawrence of the Attorney General’s Chambers. Mr. Speaker, I move that the Bill entitled the Development and Planning Amendment Act 2022 be now read for a second time. Thank you.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a comment? MP Pearman.
Mr. Scott PearmanThank you, Mr. Speaker. We just have a few brief observations on this Bill. I thank the Honourable Minister for his presen tation. I note that what he is effect ively saying is that this is a Bill to streamline the change of use process. He gave the example of …
Thank you, Mr. Speaker. We just have a few brief observations on this Bill. I thank the Honourable Minister for his presen tation. I note that what he is effect ively saying is that this is a Bill to streamline the change of use process. He gave the example of changing a restaurant to a shop and not requiring planning permission for that purpose. I suppose the question we would ask is, Why is this Bill being broug ht forward? Planning permission is generally viewed as a safeguard, and it is in order to make sure that we do not get things wrong. Likewise, parliamentary scrutiny is generally viewed as a safeguard. And yet this is another Bill that we have seen that s eeks to replace the affirmative resolution procedure, where Parliament has to debate matters, with the negative resolution procedure. Moreover, this Bill gives a Minister the power to make use class changes by order, which appears . . . when I say appears , it appears to be bypassing planning in the case of such ministerial orders for change of use. I guess the question that we have, as I said at the outset, is, why? I presume it is change of use without planning permission to permit development. But no doubt the Minister can confirm or clarify in his response. I note the second thing that this Act is doing is revoking entirely the Development and Planning (Use Classes) Order 1975. And I note that that 1975 Order has within it, at section 3, an express safeguard, which says, “Nothing in this Order shall authorize the undertaking of any building or engineering operations” without planning. And so, the revocation of this Order does appear to be removing expressly an existing safeguard, namely, the requirement of planning per-mission. And it does seem that this Bill is envisaging a process where a change of use class can be made by the Minister in the absence of planning permission, or bypassing planning permission. And whilst the Mini ster gave the example of pla nning permission not being required to change a restaurant to a shop, I suppose the question we would have is, Well, what are some other practical examples? I think there is a general frustration in the I sland. People already feel we are not exercising ex isting oversight on planning changes. Shark Hole might be a recent example. But what is this for?
[Inaudible interjections]
Mr. Scott PearmanWell, I have the support of the Honourable Member behind me. So, what is this for?
Mr. Scott PearmanIs it for forthcoming hotel development? I see that the Order itself refers to quarries. Is this in relation to a quarry? What is it? And will it allow for the Minister to make an Order without planning permission changing non- commercial property into commercial property? Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I feel pretty confident th at this Minister will make some changes that could happen down the road. As we say in Bermuda, down the road. Right? …
Thank you, Member. Does any other Member wish to speak? Deputy Speaker.
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I feel pretty confident th at this Minister will make some changes that could happen down the road. As we say in Bermuda, down the road. Right? But, Mr. Speaker, when I look at farmland . . . once upon a time we farmed over 3,000 acres of land. And we used to export vegetables. Now we're farming only about 700 acres of land, and, you know, we do not have enough to even feed our own population in Bermuda. We have to import. Mr. Speaker, there was a time when Bermuda never imported eggs. We had the farms and every owner’s household ha d their own chickens and they produced eggs, and even potatoes and vegetables like that. We put embargoes on many of the crops that we import today for certain periods of time because we were able to supply Bermuda. But, Mr. Speaker, what I get concerned about, I don't think many in the world (and let me speak about Bermuda, I don’t know about the world) prob ably do not appreciate the farmers and what they do. We need those farmers for our food because if those ships stop coming across the ocean for a coup le of weeks we are going to be crying to the farmers, Where are the potatoes? Where are the tomatoes? 210 9 December 2022 Official Hansard Report
Bermuda House of Assembly And bananas . . . once upon a time I don’ t think we even imported bananas. We supplied our own ban anas. But we are now . . . in fact, I spoke to the Minis ter the other day and even sent him the picture. I saw someone trying to turn a garden into a building devel-opment lot. And I hope . . . I am sure the Minister will turn it down because we cannot afford to be giving up arable land for building development. You know, Mr. Speaker, even our milk. Once upon a time we had a lot of cows. And we don ’t have as many dairy farms as we had before, Mr. Speaker. And some of the farms became . . . they didn’ t operate anymore. So what we have done, what the legislators did in the day . . . in fact, I was not opposed to that. But when I learned the law . . . I thought I had known the law. I was opposed to milk being protected. But after getting the information and reading it, I agreed that the local milk should be protected, because we protect jobs supplying milk. Once upon a time back in 2007 we produced 2.2 million gallons of milk a year. Now we ’re down to just over 1.4 million gallons, and sometimes we run out of milk. Mr. Speaker, one thing about our local milk. Local milk hits the shelves between 9 and 42 hours after leaving the cow. When we bring in milk, it takes six days before it hits the shelf. So local milk . . . we need to preserve our dairy farms. And I agree with the law that ’s in place to protect that industr y. I think we might have to put some laws in place to protect the farming industry, Mr. Speaker. Mr. Speaker, I know you remember, probably in 2007 or 2008, Tudor Farm was up for sale. It is 11 acres of property up there, and it was put out for buil ding development. The Government bought it and kept it as arable land. And so we still have that, Mr. Speaker. Mr. Speaker, what I would encourage, and I do not think I have to encourage this Minister, but I just get a little worried down the road that others m ay come along (when we are sitting in the rocking chair) and change it. And they will put in building development, and we will have to import everything and hope that the ships keep coming across the ocean. And, like we get bread today . . . the bread that we buy off the shelves is brought in frozen, six to nine days old. We must preserve all local industry, dairy farms, farmers, all of that, we have got to preserve. So, that's my little spiel on that one. Thank you, Mr. Speaker. Thank you, Minister.
The SpeakerThe SpeakerThank you, Deputy. Does any other Member . . . Opposition Lea der, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. My concern with the amendment is the impact of the changes on businesses that are located in res idential areas. I am thinking of …
Thank you, Deputy. Does any other Member . . . Opposition Lea der, you have the floor.
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. My concern with the amendment is the impact of the changes on businesses that are located in res idential areas. I am thinking of industrial sites like Well Bottom and Lolly’s Well. I know if you go through Lol-ly’s Well to access the industrial quarry up there, you have to traverse a residential road where children are playing. So my question is, For industrial parks in re sidential areas, can we have some way of having input from the neighbours? Because, if you go from a light industrial business, i.e., say, electric lighting, and convert it to heavy industrial equipment repairs in the same building, obviously it c hanges the composition of the traffic to the building from light vehicles to heavy, heavy equipment and machinery. And that will have a dramatic impact on the neighbouring residents who live on the same road which is used to access the industrial quarry. I don't think it is right that the residents should suffer and they are not having a voice when it comes to a change of use of the businesses in those quarries and the fact that it impacts their lives from a health point of view, with dust and so on, and i t puts their children at risk. So I would like for the Minister to speak on how he intends to mitigate that risk by not allowing public scrutiny in regard to changes of use of commercial businesses in industrial quarries where there is residential access t o the quarries through a public or private road. I think the other question [would be], Is this a precursor to what is going on at the quarry in Hamilton Parish and that adjoining hotel? I understand there may be a possibility that a hotel wants to expand to the quarry. Is this a way of allowing them to get on with their business without going through due process in regard to planning and to facilitate the process fairly quickly? I would like for the Minister to speak to those issues, especially industria l quarries which use res idential roads to access. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. MP Jackson, would you like to have the floor?
Ms. Susan E. JacksonThank you, Mr. Speaker. I just wanted to add a couple more questions on that s ame theme. And that is, one, not only having to have people who may be driving through an industrial site and are impacted by the residents that may be there, but also the change …
Thank you, Mr. Speaker. I just wanted to add a couple more questions on that s ame theme. And that is, one, not only having to have people who may be driving through an industrial site and are impacted by the residents that may be there, but also the change of use of a building that was, let’s say, once used for a warehouse that is n ow turned into a dormitory and whether the appropriate facilities are going to be there, and who is going to ensure that the proper facilities are there so that pe ople are living according to the standards of living that meet basic requirements? My other question is around change of use, and things like will the Fire Department be advised that a place has changed so that we make sure that the proper fire protections are in place, that emergency exits are appropriate based on whatever the change of purpose of a particular building is. If people are going to be coming and going, will there be som eBermuda House of Assembly one who is going to give guidance to access for those who may be living with disabilities? And then I just have one other question for the Minister, Mr. Speaker. An d that is that, even before this law came into being there was an incident of a change of use where there was a small consulting company that existed in a small building on a roadside in a congested area. That premises was changed into another retail envir onment, and there was a huge i mpact on the traffic that was going in and about the ar-ea, in particular parking— parking on the roadsides, double parking. All kinds of things were going on. So, I am just curious , if somebody can just randomly change their us e, whether anybody is going to be there to guide or to make sure that the proper direc-tions are given to provide the safety for parking or any other kind of means that might be available if you're going to change the use from one kind of service or retail to another. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to speak? MP Famous.
Mr. Christopher FamousYes, Mr. Speaker. Again , I do not know where to start, because a few minutes ago the same party w as advocating, seemingly advocating, for businesses. Now it seems somewhat like they are advocating against busines ses. Mr. Speaker, there is no guarantee that any bus iness is going …
Yes, Mr. Speaker. Again , I do not know where to start, because a few minutes ago the same party w as advocating, seemingly advocating, for businesses. Now it seems somewhat like they are advocating against busines ses. Mr. Speaker, there is no guarantee that any bus iness is going to last forever. Businesses change. Business models change. Use of space c hanges, Mr. Speaker. So, what this allows for is if someone has a property, if business “ A” either goes out of business or decides to move on, business “ B” can come in and do whatever necessary modifications and accommodate them. So, here we are as a Government trying to accommodate small businesses, medium businesses, you know, who are complaining about the longevity. Let me give you a story, Mr. Speaker. It’s not a story it is the truth. I have a piece of property . At first it was zoned for residential. Then my wife said, I want to put my salon there. I said, Okay, cool, let’s put the salon there. Oh, no. You have got to go to planning. You have got to get it changed from residential to commercial. You have got to put in fire this , and this and that and the other, which is fine. What the Honourable Member from constituency 20 spoke about. No problem. But it's the time that it took for them to come and do the plans, do the change, do this. Right? Some people who couldn't afford that would just give up thei r business dream. Luckily, I could afford it. It broke my pocket, but I could still afford it. How many young Bermudians who want to start a business find the ideal location but get tied down in red tape? Every day we are accused, no mat-ter who is the Gov ernment. We are accused of putting red tape in that prevents businesses from flourishing. So, this Bill helps to, I will not say cut out the red tape, but minimalise some of the red tape. It helps to streamline things for the same businesses that these folks were advocating for, seemingly, less than an hour ago. Mr. Speaker, I don’t want to get into the weeds of it. But what I do know is that Minister, the Honourable Walter H. Roban, is not signing off on things willy -nilly. Can I say that?
Mr. Christopher FamousI know that his PS, Ms . Rozy Azhar, is not going to allow for these things to just be signed off. (I won’t use that word again.) And I definitely know the Director of Planning is not going to allow for things to be done w ithout due consideration. …
I know that his PS, Ms . Rozy Azhar, is not going to allow for these things to just be signed off. (I won’t use that word again.) And I definitely know the Director of Planning is not going to allow for things to be done w ithout due consideration. So on behalf of small business owners, I would like to take a moment to thank not just the Mi nister, but his PS and those in the Department of Pla nning for all the work that they do to ensure that small businesses can survive. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? Any other Honourable Member? Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker. And thank you for the contributions of Members today on this particular Bil l. I actually have found their points very valuable because I do believe that …
Thank you, Member. Does any other Member wish to speak? Any other Honourable Member? Minister.
Hon. Walter H. Roban: Thank you, Mr. Speaker. And thank you for the contributions of Members today on this particular Bil l. I actually have found their points very valuable because I do believe that the points they have raised are ones that are germane to what a member of the public might themselves actually feel are important and want to know if these matters cover or do not cover those aspects. So, there were concerns raised by the Honourable Member related to agriculture and farming and land. I would hope that Honourable Members have seen the Order itself, a draft of the Order that was shared, because the use of classes O rder is very narrow on how it operates. It operates in a very narrow way. And if they go and look at the different classes in the Schedule, they will see that it is very, very clearly defined, the 12 different . . . okay, the 13 di fferent classes. Nowhere was open arable, open space a part of anything that is subject to this. That would still be a part of the normal planning processor. In no way can someone convert an open piece of arable space into, I don't know, a luxury hotel without planning permi ssion, or an open space to a shopping mall, or an amusement park or some other use that is contrary to—
Hon. Derrick V. Burgess, Sr.: Point of order. 212 9 December 2022 Official Hansard Report
Bermuda House of Assembly The Speaker: A point of order?
Hon. Derrick V. Burgess, Sr.: Yes.
POINT OF ORDER
Hon. Derrick V. Burgess, Sr.: Minister, you have in your in your S tatement lands and buildings. That's why I went there.
Hon. Walter H. Roban: Yes. And that's a common term used in the planning . . . okay, planning vernac ular. It doesn't mean just land. But I am just trying to assist Members. I appreciate the concerns raised by the Honourable Member around the use of arable land, and so on, which is why I am making every effort to make sure it is understood that if one looks at the classes Order that was circulated they will see that it is very narrow, and open spaces and agricultural land will not be subject to such a uses class O rder and there being arbitrarily a change of use. So, I just want Members to understand that so that it's clear. Okay? So that if the actual practical document that will be the instrument that will govern this doesn't make use . . . it is very clear. It says retail, financial, medical services, restaurants, cafes, bus inesses, stores, distribution, light industry, general i ndustry towards accommodation, r ent institutions, temporary accommodation, dwellings, non- resident inst itutions, assembly and leisure day care facilities and nurseries. And there is another singular classes list. In no way is agricultural farming land or open spaces subject to this. So, I just want to be sure that the Honourable Member who sits in the constituency 5 . . . No. N –O. I think the Honourable Member knows me and my interest in preserving open space. And just to refer to some of what he mentioned, yes, we once farmed thousands of acres of land. Now we have about 750 or so acres of land that is zoned agricultural. We are only farming, about 300 of it. So that's how much of a change Bermuda has gone through over the past century with land use. And, you know, whether you are some body who has seen this as a plus or minus, clearly, our wealth and quality of life has expanded and evolved since then, and we are a lot wealthier country. But at the same time, certain activities have contracted as a part of our economic activity. But that's perhaps a discussion for another time in the main. I will now move on, if I can, to some other questions that were raised about industrial areas. Well, again, largescale industrial areas will not be subject to this. The use of classes is very clear, I think, when you see it. There is no large industry that will be allowed to convert from being a quarry to something else without going through . . . certainly that level of zoning, like industrial, would have to go through a di fferent level of scrutiny. I t would not be subject to this use of classes Order. It is very narrow; very, very narrow, how it operates. But understand, in 1974 when this piece of legislation was drafted, it was a very different Berm uda. I think everybody would acknowledge that. Some of us might not have even been born. But it was a very different Bermuda. Large scale commercial development was not of the scale that is now. [That ] has created a lot of different complications and how the Order operated then is different. And the proces s for dealing with these was a lot more perhaps smoother and simpler. We have a more complicated society around development now. But at the same time, that old Order, which had only been changed, what, about 30 or 40 years ago the last time, does not reflect the modern reality that we are in now. I can speak to one particular situation that we dealt with in planning which shows that streamlining this is not going to . . . I can assure Members it is not going to remove the level of scrutiny, certainly at the technical level where these sorts of things will go, because this is just about planning permission. There are different levels of how the planning process works. You get a permission . . . if something goes to the board, the board reviews the applicati on itself and the specifics and, based on the planning regulations and zoning and other things and the advice from technical officers, they approve. But once you get into the technical details of your development, you then have to go through another proces s, which is to get your building permit. And that is where the real d etailed scrutiny of the technical aspects of your deve lopment will go on. So, if somebody is converting . . . and let’s just say somebody might want to convert a small commercial space, because this is really where this is going to be focused on, Mr. Speaker, on commercial spaces that are already developed, already defined. It is not like virgin land is going to be subject to this, and somebody can put something on it. No way. This is not how this has worked since 1974. So, it will be like a defined commercial space where somebody might have had a retail shop or some other operation, somebody who wishes to convert it to something else, like a boutique or maybe a spa. If it is listed under the use of classes, they will not have to get that planning permission. But when it comes to the electrical, the water, the fire safety, all of that still has to go through the required review by fire, like if they are doing something where there is personal care in it, health department, all of that still has to go on them. So, none of the usual regime of planning, outside of that initial planning permission . . . it is almost like the same way . . . and I will go to another M inistry where a person gets permission to . . . if they are like here and they wish to perhaps look for another job,
Bermuda House of Assembly they can apply. They cannot start looking until they get permission from the Minister to look. It is that initial permission. It does not mean you are going to get a job or the type of job you want. It's just that first tier . . . okay, you can go and look around. It does not mean you going to get anything. So getting that initial development permission (going back to planning) does not mean you automatically can do ev erything that you want to do for your space. If you have to do specific electrical changes, if you have to do specific changes, if you are the type of business that is dealing with personal care, and, certainly , if there are fire codes that have to be consi dered, all of that still has to be done. So, I hope that is helpful to Members in under - standing that this is to stream it. And, yes, the biggest beneficiaries of this will be small businesses that of - ten have to outlay considerable investment or have limited funds to deal with the procedures of setting up their business. This is going to be very good for them. It will help them to avoid that initial planning requir ement to allow them to get permission. Okay, I want to use the space that is available to for, like, something else. Now they have to get permission and go through weeks of that process. Now that is removed. But if there are any technical aspects which have to be considered for their business, like electrical changes, like other changes that pertain to health and safety, or fire, that still has to be done. And if any constructive changes to the space, like building up partitions and other things, all of that will still have to be reviewed by planning as well, because it may change the nature of how the space is used. So, I hope all of those answers satisfy the questions of Honourable Members. And I know the Honourable Member who sits as the Opposition Leader, said something about Lolly’s Well, and that, again, the scale of that change of use does not apply to this at all. It does not apply to this, the change in use of a huge industrial area into something else.
Hon. N. H. Cole Simons: No, no, no. Point of clarif ication.
Hon. Walter H. Roban: I'll take the point, Mr. Speaker.
POINT OF CLARI FICATION Hon. N. H. Cole Simons: I was not talking about the change of industrial use for the whole quarry. If you go to the quarry, there are about 12, 13 businesses up there. And so, what I am saying is if one of the bus inesses, one of the 13 businesses up there, goes from a household electrical shop to a heavy equipment mechanic, it impacts the flow of traffic on the residen-tial road that accesses the quarry and that business. It impacts them from a health point of view and the saf e-ty point of view for the children, because you have different types of traffic, heavy traffic, going up there. I am suggesting that there should be some mechanism whereby the residents can feel comfort able that their interests have been protected because of the change of use and the impact on the traffic that flows up the road that puts their families at risk and some of the health and safety issues because of the change of use of that business, not the whole quarry.
The SpeakerThe SpeakerThank you. Hon. Walter H. Roban: Thank you, Mr. Speaker. I believe my answer still stands. That level of use would still be subject to planning scrutiny and would be subject to public review. Hon. N. H. Cole Simons: That’s fine. Hon. Walter H. Roban: Okay, right. With that, Mr. …
Thank you.
Hon. Walter H. Roban: Thank you, Mr. Speaker. I believe my answer still stands. That level of use would still be subject to planning scrutiny and would be subject to public review.
Hon. N. H. Cole Simons: That’s fine.
Hon. Walter H. Roban: Okay, right. With that, Mr. Speaker, I believ e I have covered most of the issues, if not all, that everybody had and I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. House in Committee at 5:48 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL DEVELOPMENT AND PLANNING AMENDMENT ACT 2022
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Devel opment and Planning Amendment Act 2022 . Minister Roban, you have the floor. Hon. Walter H. Roban: Thank you, Mr. Chairman. May I now proceed?
The ChairmanChairmanCertainly. Hon. Walter H. Roban: Mr. Chairman, the Bill seeks to amend the Development and P lanning Act . . . I am sorry. I wish to move c lauses 1 through 4. If I might be allowed to do that.
The ChairmanChairmanYes. Hon. Walter H. Roban: Thank you, Mr. Chairman. The Bill seeks to amend the [Development and] Planning Act 1974 to make use classes O rders made by the Minister under section 14 (2)(f) subject to the negative resolution procedure and to revoke the 214 9 December 2022 Official Hansard …
Yes.
Hon. Walter H. Roban: Thank you, Mr. Chairman. The Bill seeks to amend the [Development and] Planning Act 1974 to make use classes O rders made by the Minister under section 14 (2)(f) subject to the negative resolution procedure and to revoke the 214 9 December 2022 Official Hansard Report
Bermuda House of Assembly Development and Planning (Use Classes) Order 1975. Clause 1 provides the title of the Bill. Clause 2 amends section 14 of the Development and Planning Act 1974 to make orders made under subsection (2)(f) (use classes O rders) subject to the negative resolution procedure. Clause 3 revokes the Development and Pla nning (Use Classes) Order 1975. Clause 4 provides the commencement of the Bill. Thank y ou, Mr. Chairman.
The ChairmanChairmanAny— Hon. Walter H. Roban: Might I make just one—
The ChairmanChairmanYes. Hon. Walter H. Roban: I think persons should know that even though this is done by negative resolution there is a requirement to lay negative resoluti ons in this House, and they can still be taken up for debate if one so wishes. So, it does not remove parliamentary …
Yes.
Hon. Walter H. Roban: I think persons should know that even though this is done by negative resolution there is a requirement to lay negative resoluti ons in this House, and they can still be taken up for debate if one so wishes. So, it does not remove parliamentary scrutiny. A negative resolution does not do that. It is still subject to Parliament because it has to be laid. Thank you very much, Mr. Chairman.
The ChairmanChairmanThank you. Any further speakers? Minister , there appear to be none. Do you want to move those four clauses? Hon. Walter H. Roban: Thank you, Honourable Members for your cooperation around this matter. Mr. Chairman, I wish to move that the preamble be approved.
The ChairmanChairmanYou have to do the clauses first. Hon. Walter H. Roban: I am sorry. I wish to move clauses 1 through 4, Mr. Chairman.
The ChairmanChairmanIt has been moved that clauses 1 through 4 be approved. Any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 4 passed.] Hon. Walter H. Roban: Thank you, Mr. Chairman. I now move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are ther e any objections to that? There appear to be none. Approved. Hon. Walter H. Roban: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there a ny objections to that? There appear to be none. The Bill will be r eported to the House as printed. Mr. Speaker. [Motion carried: The Development and Planning Amendment Act 2022 was considered …
It has been moved that the Bill be reported to the House as printed. Are there a ny objections to that? There appear to be none. The Bill will be r eported to the House as printed. Mr. Speaker.
[Motion carried: The Development and Planning Amendment Act 2022 was considered by a Commi ttee of the whole House and passed without amendment.]
House resumed at 5:51 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
DEVELOPMENT AND PLANNING AMENDMENT ACT 2022
The SpeakerThe SpeakerMembers, are there any objections to the Bill being reported to the House as printed? There are none. The matter has been repor ted as printed. We now move on to [Order] No. 7 , which is the second reading of the Insurance Amendment Act 2022 in the name of …
Members, are there any objections to the Bill being reported to the House as printed? There are none. The matter has been repor ted as printed. We now move on to [Order] No. 7 , which is the second reading of the Insurance Amendment Act 2022 in the name of the Premier, the Minister of F inance. And we are pausing for one moment . . .
[Pause]
The SpeakerThe SpeakerMembers, just bear with us a moment, we are trying to make an adjustment. [Pause]
The SpeakerThe SpeakerMembers, we have just completed [Order] No. 6. We are going to do [Order] No. 9, and then we come back to items 7 and 8 after item 9. [Order] No. 9 is the second reading of the Morgan’s Point Company Act 2022. And the Premier will lead that matter …
Members, we have just completed [Order] No. 6. We are going to do [Order] No. 9, and then we come back to items 7 and 8 after item 9. [Order] No. 9 is the second reading of the Morgan’s Point Company Act 2022. And the Premier will lead that matter for us. Premier.
Hon. E. David Burt: Thank you very much, Mr. Speaker. I appreciate your indulgence, Mr. Speaker. And I also appreciate the indulgence of the Honour able Leader of the Opposition. Mr. Speaker, I move that the Bill entitled the Morgan’s Point Company Act 2022 be now read for the second time.
The SpeakerThe SpeakerIs there any objection? There are none. Proceed, Premier. Bermuda House of Assembly BILL SECOND READING MORG AN’S POINT COMPANY ACT 2022 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, in my capacity as Minister of F inance, and on behalf of the Minister of Public …
Is there any objection? There are none. Proceed, Premier.
Bermuda House of Assembly BILL
SECOND READING
MORG AN’S POINT COMPANY ACT 2022
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, in my capacity as Minister of F inance, and on behalf of the Minister of Public Works, I now move that the Bill entitled the Morgan’s Point Company Act 2022 be read for the second time. The purpose of this Bill is to facilitate the i ncorporation of a company under the Companies Act 1981 to be owned by the Bermuda Government and which will be used to acquire land assets at Morgan’s Point. Mr. Speaker, the broad history of the Morgan’s Point Project was included in the Statement that I provided to this Honourable House on the 2nd of December 2022. However, I think that certain point s should be highlighted given the significant impact that this project has had on t he company's debt levels. Mr. Speaker, this previously little- known expanse of privately owned land in Warwick , called Southlands, of course, became a rallying point of env ironmental objections when three Bermudians purchased it and outlined plans to transform that site into a hotel. Instead, Bermuda’s Base Lands were contemplated as a preferred location. In April 2011, the land at Southlands was swapped for the land at Morgan’s Point. That agre ement set out the terms and conditions of the swap and was di scussed in this Honourable House as part of an Act of the Legislature to enshrine the permissions and the rights over the land to the benefit of the developers. Mr. Speaker , at that time the proposed develo pment at Morgan’s Point included an 80- room boutique hotel with 313 additional residences, and a 325- room luxury hotel and 337 additional residences. Mr. Speaker, it is unfortunate that the financial viability of this project had, however, been in question for at least the last six years of its operation , and we would all later learn that the lending in support of its development was not grounded in financial viability, but instead on a $165 million guarantee. Of course, it should be noted, Mr. Speaker, that this $165 million guarantee, though there were 120 acres of land up there, was only guaranteed by 37 acres of land. So, only one- third of the land, and not the entirety of the land, Mr. Speaker. Thus, the Government of Bermuda, as guarantor of the various tranches of loans, is and has been the largest creditor of the project. You will recall that the Bermuda Government paid approximately $168 million to acquire the loans and then later paid $11 million to acquire the claims held by Bermudian subcontractors who had been left unpaid by the failure of the project. Mr. Speaker, on the basis of those claims an application was made to the Supreme Court of Bermuda (and it was made on the 23 rd of March 2020) which sought to appoint joint provisional liquidators, otherwise known as JPLs, over the insolvent enti ties holding various parcels of land at Morgan’s Point. That application was successful, and JPLs were formally appointed on the 26 th of March 2020. Mr. Speaker, from the time the insolvent companies have been in the hands of JPLs, it is the JPLs that hav e been responsible for seeking ways to monetise those assets while concurrently undertaking var ious maintenance works at the site. Mr. Speaker, this work was essential to protect the assets so they can be used to satisfy the claims of the Bermuda Gover nment as the sole secured creditor and majority uns ecured creditor in due course. Mr. Speaker, from the time the JPLs were appointed until now, they have also been charged with seeking monetary value that can be used to satisfy creditors. As the largest creditor, any plan proposed would have to have the agreement of the Government of Bermuda for it to be successfully approved. Mr. Speaker, over the course of two- plus years, no bids have been received by the JPLs that would materially or substantially address t he amounts outstanding on the loans , or any value that can be seen as meaningful on behalf of the people of Berm uda. And a particular reason for that, Mr. Speaker, is because the guarantee only covers 37 acres and not 120. So, some of the inquiries that come are speaking about the entirety of the land, but the Government is only a party to 37 acres and not the 120. Mr. Speaker, the time has therefore come for the assets contained in the insolvent estate to be transferred to the ownership of the Bermuda Gov ernment. We no longer need to incur the costs of utilising liquidators to progress this project, and the establis hment of this company will allow for the transfer to be effected. Mr. Speaker, that will be effected by the creation of the Morgan’s Point Com pany by way of this process, which we used to bid on the assets from the joint provisional liquidators exchanging some portion of the claims owed to the Bermuda Government for the assets held in the insolvent estate. This is done by the way of what is know n as a credit bid. Mr. Speaker, the credit bid will see some portion of the claim assigned to this purchase and ca ncelled in exchange for land assets held in the estate. Mr. Speaker, those assets will be placed into the company created by this Act and wi ll then become the direct responsibility of the Bermuda Government. Mr. Speaker, the Act facilitates the appoin tment of a board of directors to be made up of market professionals and public officers with direct oversight of the assets. Mr. Speaker, the board of directors will be charged with the design and execution of the plans for the completion of certain aspects of the project 216 9 December 2022 Official Hansard Report B ermuda House of Assembly and, importantly , at all times under the direct superv ision of the responsible Minister, the Cabinet, and this Honourable House. Mr. Speaker, the goals for this undertaking are clear. The intention is to take owner-ship of the assets, provide appropriate governance, undertake design and review to determine the best use for the assets and then to execute on that plan so as to put the assets to work and regain value on b ehalf of the people of Bermuda. Mr. Speaker, you will not be surprised to learn that much of the work giving options to the Bermuda Government have already been undertaken and when in final form, after the approval of the Cabinet, will be presented to this Honourable House. Mr. Speaker, at this stage, however, what is being done is a prelim inary step establishing a corporate body and , in due course, effective governance so that the work on r egaining value for the people of Bermuda can begin. Mr. Speaker, earlier today ( which we will a ddress when we get into Committee) , there were, I know, amendments that were tabled with the Clerk of the Legislature. I do understand that those amend-ments have been shared with the Honourable Leader of the Opposition. I do know that he had some questions that the Honourable Attorney General was able to answer, and certainly I look forward to engaging in that. But in speaking on general principles, I think it is important to note, Mr. Speaker, that one of the things that the amendments do contain is to ensure that con-flict of interest provisions are enshrined in law to ensure that there can be no conflict of interest with the directors of the company and the affairs of the co mpany and those conflicts of interests must be di sclosed. And I think that is something that is an im-portant measure of governance for this particular pr oject. So, with that, Mr. Speaker, I now read the Bill for the second time, and look forward to answering any quest ions that Members may have.
The SpeakerThe SpeakerThank you, Premier. Mr. Opposition Leader, would you like to make your comments at this point. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I want to start in a similar vein that the Premier started. Mr. Speaker, we have taken the rap for this development for years. But, …
Thank you, Premier. Mr. Opposition Leader, would you like to make your comments at this point. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I want to start in a similar vein that the Premier started. Mr. Speaker, we have taken the rap for this development for years. But, Mr. Speaker, I would like to give this House a history lesson. Mr. Speaker, in 2005 the Honourable Member would remember, and he said that Mr. Duperreault, Craig Christensen and Nelson Hunt bought the 37acre Southlands estate in Warwick. They had signed a management agreement, a development agreement with Dimora Hotels and Resorts group. Do you remember that, Mr. Speaker?
The SpeakerThe SpeakerCarry on. Hon. N. H. Cole Simons: They had their finances in order. And, Mr. Speaker, they even had an SDO [Special Development Order] that was approved by this House. The SDO was in the name of Southlands Resort Limited. Mr. Speaker, they were set to go. They had their …
Carry on. Hon. N. H. Cole Simons: They had their finances in order. And, Mr. Speaker, they even had an SDO [Special Development Order] that was approved by this House. The SDO was in the name of Southlands Resort Limited. Mr. Speaker, they were set to go. They had their plans in place. And I even checked years ago when this was going ( because I was in the House then). Dimora even had the new d evelopment on their website. They decided to have a tunnel go underneath the South S hore Road and then the environmentalists had a field day, Mr. Speaker. As a consequence, had we not had that issue, and because a Member of Parliament had his constituency compromised because of the unrest —
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Hubert (Kim) E. SwanMr. Speaker, I believe the Opposition Leader is unintentionally misleading the House, but misleading it. He has left out a very i mportant point. You had protestors up and down who came from outside of Warwick —some of whom probably sit in this House today still —protesting, which caused the …
The SpeakerThe SpeakerFine. Continue on, Mr. Opposition Leader. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, that is why we do not have a hotel on South Shore today. Mr. Speaker, as was said, there were protests, and the Honourable Alex Scott encouraged the PLP to enter a swap …
Fine. Continue on, Mr. Opposition Leader. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, that is why we do not have a hotel on South Shore today. Mr. Speaker, as was said, there were protests, and the Honourable Alex Scott encouraged the PLP to enter a swap agreement under the PLP Government. And it has been downhill ever since. They transferred, or swapped, beachfront to a brownfield that was c ontaminated. Now, Mr. Speaker, the developers of the Southlands had spent a least $10 million up until then. And to have them forced, in essence, to enter this ex-change agreement is causing the problems that we have today. Because, Mr. Speaker —
The SpeakerThe SpeakerPoint of order. POINT OF ORDER
Mr. Christopher FamousWhat the Member is failing to acknowledge, or admit, was that he was in the UBP and it was a UBP candidate that was the lead antago-nist who then became an OBA MP. And one of the B ermuda House of Assembly other antagonisers became an OBA Senator and an …
The SpeakerThe SpeakerHe was presenting his perspective of history. I am sure you will have an opportunity to pr esent your perspective—
Mr. Christopher FamousIt is not perspective. It is the truth. [ Inaudible interjections]
The SpeakerThe SpeakerYou will give your perspective. I know all Members are capable of getting on their feet and correcting errors that they may have interpreted. Cont inue on. Hon. N. H. Cole Simons: So, Mr. Speaker, we had the exchange agreement. So, all the work that had been done by the …
You will give your perspective. I know all Members are capable of getting on their feet and correcting errors that they may have interpreted. Cont inue on. Hon. N. H. Cole Simons: So, Mr. Speaker, we had the exchange agreement. So, all the work that had been done by the developers, or the Southlands property development group, had to come to a halt and all the money invested was lost because of Gov-ernment interference. [ Inaudible interjections] Hon. N. H. Cole Simons: Mr. Speaker, they then . . . so again the developers had to start from scratch and redesign another resort after remediation to the brownfield that they were able to exchange. Mr. Speaker, again, they started from scratch. Halfway through the development of the hotel came another order from Government. And that order was for them to have a golf course up there. And guess what? After having invested in a plan, because of this new addition to the golf course they had to start over again. Again, PLP interference with this project.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Wayne CainesThe Member is inadvertently mi sleading the House.
An Hon. Member An Hon. MemberPurposefully.
Mr. Wayne CainesPurposefully misleading the House. This project came to a standstill because of protests. This was not something that the PLP brought to the floor. There were protests up and down the country. This was not done because the Progressive Labour Party was interfering with anything, Mr. Speaker.
The SpeakerThe SpeakerThank you. Hon. N. H. Cole Simons: Mr. Speaker, you speak to the developers, and you hear their side of the story. Mr. Speaker, what I am saying is that this has been a poisonous challis since the swap was initiated between the Government and the developers. Had the switch …
Thank you. Hon. N. H. Cole Simons: Mr. Speaker, you speak to the developers, and you hear their side of the story. Mr. Speaker, what I am saying is that this has been a poisonous challis since the swap was initiated between the Government and the developers. Had the switch not occurred we may have had a different r esult. Mr. Speaker, in fact, I would like to quote the primary principal, Mr. Brian Duperreault , one of the developers. In 2010 he claimed that the PLP Gover nment 1“demands placed on Southlands [Ltd.]” (a Bermuda company supported by Bermudians) “were far and abo ve those given to foreign hotel developers .” He went on to add, “It’s three Bermudians here trying to do something. You can draw your own conclusions about what is going on. Fundamentally” (he said) “it’s a question of fairness and good faith. We don’t think we have been treated fairly and we don’t think we have received the good faith in negoti ations that . . .” he thought he should have Again, I say, the PLP placed obstacles in front of the development and those obstacles are resulting in some of the challenges that we have today, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER
Mr. Jason WadeMr. Speaker, the Honourable O pposition Leader is failing to acknowledge that two of his former colleagues stood there and protested vi gorously for this development being on South Shore. He has not acknowledged the fact that two of his for-mer colleagues were there every single day. Thank you, Mr. …
The SpeakerThe SpeakerI want to stress the fact that I think that point has been made by those who are making the points -of-order. I am sure you will have the opportun ity to drive it home as much as you like when you get to your feet. The Member is trying …
I want to stress the fact that I think that point has been made by those who are making the points -of-order. I am sure you will have the opportun ity to drive it home as much as you like when you get to your feet. The Member is trying to present the pi cture from a perspective that may not be as broad as we think it should be.
Mr. Jason WadeFrom a fuzzy lens, Mr. Speaker. 1 Best.org 218 9 December 2022 Official Hansard Report Bermuda House of Assembly The Speaker: Ah! Ah! Ah! Ah! Ah! Ah! When the Speaker is talking, that is a major no- no! We won’t have that! Not at all! And, Mr. Simons, unlike other …
From a fuzzy lens, Mr. Speaker.
1 Best.org 218 9 December 2022 Official Hansard Report
Bermuda House of Assembly The Speaker: Ah! Ah! Ah! Ah! Ah! Ah! When the Speaker is talking, that is a major no- no! We won’t have that! Not at all! And, Mr. Simons, unlike other people in this room , there were a few of us who were around back then.
The SpeakerThe SpeakerThere were a few of us who were around. And there were some of us who were very clear on a lot of processes that took place that others in this room are not. So I wil l just leave it in that context for you. [Inaudible interjections ] Some …
There were a few of us who were around. And there were some of us who were very clear on a lot of processes that took place that others in this room are not. So I wil l just leave it in that context for you.
[Inaudible interjections ]
Some Hon. Member s: Careful!
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. So, what I am saying is this: This Government needs to take ownership of the role that they played in the d evelopment of this hotel from the beginning.
An Hon. Member An Hon. MemberWhat? Hon. N. H. Cole Simons: It is not just the challenges faced by the One Bermuda Alliance when they were in for the five years. The PLP had a substantive contr ibution in regard to the plac e that we find ourselves in today. And they seem to be …
An Hon. Member An Hon. MemberWhat? [Inaudible interjections ] Hon. N. H. Cole Simons: As far as they are concerned, their only involvement is when the Finance Minister did the guarantee. They do not talk about the rest of the history. They do not talk about their contr ibution to the problems that we had …
What? [Inaudible interjections ]
Hon. N. H. Cole Simons: As far as they are concerned, their only involvement is when the Finance Minister did the guarantee. They do not talk about the rest of the history. They do not talk about their contr ibution to the problems that we had in getting to that point. And I just want to remind them that they are as culpable as anybody else. Thank you, Mr. Speaker.
Hon. E. David Burt: Are you finished now?
The SpeakerThe SpeakerFinished — Hon. N. H. Cole Simons: No, I’m not finished.
The SpeakerThe SpeakerOh, I was just about to acknowledge someone else that time. I thought — [Crosstalk] Hon. N. H. Cole Simons: No, I was giving the history.
The SpeakerThe SpeakerYou opened the door right for someone else to step in that time. Hon. N. H. Cole Simons: No, no, no, no, no. I am not ready to give up yet. I am going to be awhile.
The SpeakerThe SpeakerAll right. Hon. N. H. Cole Simons: Now, I am going to speak to some of the technical issues that I have questions on. But I had to get that out because it seems as though nothing happened to the PLP prior to . . . and they had no …
All right.
Hon. N. H. Cole Simons: Now, I am going to speak to some of the technical issues that I have questions on. But I had to get that out because it seems as though nothing happened to the PLP prior to . . . and they had no involvement prior to Bob Richards getting involved in this situation. Mr. Speaker, the Premier spoke about the land in regard to . . . last Friday he made a Statement. And the statement said, “Accordingly, in this case we will satisfy the majority of our secured loans by transferring the assets of George’s Bay Limited to a go vernment -owned company t o be called the Morgan’s Point [Company].” Mr. Speaker, my research indicates to me that the only assets —
The SpeakerThe SpeakerExcuse me one second. Deputy, could you help me, please? [Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the Chair] The Deputy S peaker: Continue, Mr. Simons. Hon. N. H. Cole Simons: So, the Premier’s Stat ement last week Friday said that the assets of George’s Bay Limited is to …
Excuse me one second. Deputy, could you help me, please? [Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the Chair]
The Deputy S peaker: Continue, Mr. Simons.
Hon. N. H. Cole Simons: So, the Premier’s Stat ement last week Friday said that the assets of George’s Bay Limited is to be transferred to a government - owned company called the Morgan’s Point [Compa-ny]. My research indicated t o me that George’s Bay Limited only owned 37 acres. And so I am questioning how did the Government come up with the Schedule which showed that they are claiming 223 acres? Is this an error? Or, is Morgan’s Point Company also taking assets from other companies that own real estate there? And if that is the case, I think the Premier needs to be more transparent. He was transparent enough to say that assets were being transferred from George’s [Bay Limited]. But what about the other acreage beyond the 37 acr es that was owned by George’s Bay Limited, Mr. Deputy Speaker? And so, Mr. Deputy Speaker, my concern is whether the Premier is transferring other assets to the company, other than the assets from George’s Bay Limited. But if that is the case, Mr. Deputy S peaker —
[Inaudible interjections ]
Bermuda House of Assembly Hon. N. H. Cole Simons: You said you can’t transfer assets if you don’t own them . . . I accept that 100 per cent.
The Deputy SpeakerDeputy SpeakerMr. Simons, don’t leave me out. [Laughter] Hon. N. H. Cole Simons: And so my question becomes, How is it that in legislation (George’s Bay, which only had 37 acres) we have a Schedule that has 223 acres? [Inaudible interjections ] Hon. N. H. Cole Simons: That’s right. And so, …
The Deputy SpeakerDeputy SpeakerYou will get it. Hon. N. H. Cole Simons: And so, are there other companies that are in liquidation as well that were not mentioned in his Statement? How did we get from the 37 [acres] to 223 [acres], Mr. Deputy Speaker? And he can answer when he responds . …
The Deputy SpeakerDeputy SpeakerOkay. Hon. N. H. Cole Simons: And along with the assets that were transferred, probably there were other liabil ities as well. And his Statement was silent when it came to other liabilities. So, I would like for the Premier to also summarise whether . . . when the assets …
Okay.
Hon. N. H. Cole Simons: And along with the assets that were transferred, probably there were other liabil ities as well. And his Statement was silent when it came to other liabilities. So, I would like for the Premier to also summarise whether . . . when the assets are being transferred to Morgan’s Point Limited, will there be any liabilities associated with the assets being transferred as well? And if that is the case, what is the scale of the liabilities that will be transferred?
Hon. E. David Burt: Point of order, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerWhat is your point of order, Mr. Premier? POINT OF ORDER Hon. E. David Burt: I mean, I do not want to interrupt the Honourable Opposition Leader. He has the option to go down that road, but the Honourable Opposition Leader had a distinguished career in finance. The company was …
What is your point of order, Mr. Premier?
POINT OF ORDER
Hon. E. David Burt: I mean, I do not want to interrupt the Honourable Opposition Leader. He has the option to go down that road, but the Honourable Opposition Leader had a distinguished career in finance. The company was in liquidation. The job of liquidators is to satisfy creditors and the assets and everything that is left gets transferred over. So there is not an issue of transferring liabilities. I am just saying.
Hon. N. H. Cole Simons: That’s not true. Hon. E. David Burt: So I do not want to . . . I hate to interrupt but I don’t — [Inaudible interjections ]
Hon. E. David Burt : —want the public and everything else . . . this is what it is. There is a company that went into liquidation. It was wound up. The liquidators satisfy all those matters and try to get their money. But there is no money to get.
Hon. N. H. Cole Simons: I accept that, but why didn’t you say that in your Statement? That is what I am tr ying to—
The Deputy SpeakerDeputy SpeakerMr. Simons . Hon. N. H. Cole Simons: And so, I thank the Premier for the clarification. So, what he is saying is the assets that were transferred were residual assets that arose after all of the obligations had been met in regard to the joint provisional liquidators. Okay. So …
Mr. Simons .
Hon. N. H. Cole Simons: And so, I thank the Premier for the clarification. So, what he is saying is the assets that were transferred were residual assets that arose after all of the obligations had been met in regard to the joint provisional liquidators. Okay. So that helps quite a bit, Mr. Deputy Speaker. Let me see if I had anything else. I think the real estate issue was the main thing. Mr. Deputy Speaker, can the Minister also speak to Caroline Bay? Now, how was Caroline Bay involved in this process? Because I understand that Caroline Bay was also owner of a large track of land. So, can he provide clarity as to how the Caroline Bay track of land was consumed into the property that is being showcased in the schedule of land that will go to the Company? Can he provide a bit of clarity on that point?
Hon. E. David Burt: Would you mind yielding? I’m sorry, Mr. Deputy Speaker.
Hon. N. H. Cole Simons: I don’t mind.
POINT OF CLARIFICATION Hon. E. David Burt: I think it is important to note, Mr. Deputy Speaker, if I may, that the scheduled land is the scheduled land that a company can have control over. If the company does not own the land, then it does not have control over it. That is the key point. I just want to make sure that he is aware. So, let’s say, for instance, right now, the Go vernment will get the 37 acres. Maybe at another point in time they may get more. Maybe the Minister of Pu blic Works who is a member of the company, who has control of the other portions and segments may say, Oh, let’s go ahead and trans fer that land there. Go ahead and do something with it. But just because it is in the Schedule which outlines land, does not mean that this Act is taking the land from whomever the rightful owner is and transferring it to Morgan’s Point. 220 9 December 2022 Official Hansard Report
Bermuda House of Assembly That would be something that probably would not be able to be done.
Hon. N. H. Cole Simons: Well, that is what I am sa ying. [Inaudible interjection s] Hon. N. H. Cole Simons: Thank you very much. So, Mr. Deputy Speaker, I think those are my primary things. If I have any more questions, I will bring them up in Committee. Those are my overarc hing concerns because there were a lot of unanswered questions when I read the Statement that he had pr esented last Friday. And I was trying to dovetail the Statement with the Schedule that had been presented with the legislation. So, on that note, I will take my seat and probably ask a few mor e questions in Committee.
The Deputy SpeakerDeputy SpeakerThank you, Mr. Simons. Any further speakers? The Chair recognises the Honourable Member, Mr. Pearman.
Mr. Scott PearmanThank you, Mr. Deputy Speaker. I had really just a similar question to the point that was being raised by the Opposition Leader. And I am grateful for the clarification that the Premier has just given to this Honourable House, which is that this Government would never seek to try …
Thank you, Mr. Deputy Speaker. I had really just a similar question to the point that was being raised by the Opposition Leader. And I am grateful for the clarification that the Premier has just given to this Honourable House, which is that this Government would never seek to try to exercise property rights or control over land that does not belong to the Government. I am grateful and I agree with that statement, and it makes perfect sense as a matter of law that you are not going to be seizing other people’s assets. The problem is that the Bill as drafted wrongly gives the impression that this is exactly what is going to happen, because the Bill as drafted presents 229 acres of scheduled land and then gives rights to the company to act in relation to that scheduled land. So, while I am extremely grateful for the assurance given to the Hon ourable House by the Premier, this Bill that as drafted does not reflect the assur-ance you have just given. It needs to go back to the drawing board and be amended. I will just give one example. There will be a power to sell the scheduled land and any other land situated— Hon. Jason Hayward: Point of order, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerPoint of order. POINT OF ORDER [Standing Order 29] Hon. Jason Hayward: The Member is referring to specific clauses within the Bill that should be debated within Committee.
Mr. Scott PearmanI mean, come on. I am trying to deal with the Premier’s point of clarification, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerMr. Pearman, this is the d ebate. You can do the —
Mr. Scott PearmanFair enough. I can do it without reference to the Bill.
Mr. Scott PearmanThe Premier knows the clause I am referring to. It would not be right for this Parli ament to pass a Bill allowing for sale of scheduled land when the Premier has quite rightly and properly, and I agree with him, and I think we agree with each other, recognised …
The Premier knows the clause I am referring to. It would not be right for this Parli ament to pass a Bill allowing for sale of scheduled land when the Premier has quite rightly and properly, and I agree with him, and I think we agree with each other, recognised that the scheduled land does not belong to the Government. We, this Parliament, cannot be gi ving power to a company to exercise rights of sale over property that the Government does not own. The problem is that the Bill is future- looking at a time where the scheduled land may well come to be within the remit of the Government. But at this point in time, as we stand voting on this Bill, that has not happened yet. So, this is en tirely premature and it will need clarification. Otherwise, this Bill would wrongly give to a company the right of sale of a property the company does not own. I appreciate that it may well own it at some future point in time, but if that is the case, the Bill needs an amendment. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Mr. Pearman. Any further speakers? The Chair recognises the Honourable Member Kim Swan. You have the floor, Mr. Swan.
Mr. Hubert (Kim) E. SwanThank you, Mr. Depu ty Speaker. Mr. Deputy Speaker, I notice that in debating the Morgan’s Point Act that the Opposition is steering very well clear of the elephant in the room. When it is convenient, the Opposition will talk about debt, debt, debt. And when it suits them, ignore …
Thank you, Mr. Depu ty Speaker. Mr. Deputy Speaker, I notice that in debating the Morgan’s Point Act that the Opposition is steering very well clear of the elephant in the room. When it is convenient, the Opposition will talk about debt, debt, debt. And when it suits them, ignore the fact that they have contributed significantly to the debt, Mr. Deputy Speaker. And there are 165 million reasons why they should be talking today about the debt, because in the midst of the pandemic this Government which chose to feed families and help people who could not find work because of a global pandemic, could have done more for the people if we would have had access and had a functioning business concern going on, at where? Morgan’s Point.
Bermuda House of Assembly Let me declare my interest. I am a country boy f rom Somerset Bridge, Death Valley and Whale Bay, in the midst of that community, Mr. Deputy Speaker. When you talk about Morgan’s Point, and you want to go down memory lane, you need to think that there are families that lived on Morgan’s Point long before anybody turned it into a Base Land. And some of those families might have the name of Virgil. Some of them might have some names that bear r esemblance to some of my family: Simmons, Ander-sons and the like. But I am here to tell you, Mr. Deputy Speaker, that the Government failed . . . the Opposition Leader, failed to be forthcoming with how that project took place. And BEST (right?), is sustainable development. May he rest in peace, Mr. Stuart Hayward, right? And even Members sitting in this very House (wh o are not sitting at this very moment) . . . I remember! I saw the videos. You can google them; you can still find them. You can still find who was there. Members who still sit here protested . There was a wave of pr otest happening at that time. And the Go vernment, of which I was not a member of at that particular time ( right?) chose to look for a solution. I remember even on that same Gold Coast a person who now preside d over giving away our airp ort, when a UBP Government had the Ritz - Carlton signed, sealed and delivered, would not let that happen on the Gold Coast. Remember that?
Mr. Hubert (Kim) E. SwanYou remember that, Mr. Deputy Speaker. Only less than [five] miles down the road. You reme mber t hat, Cousin Cole? Because that is right in your neighbourhood, the Gold Coast. I spent a little time in South Shore. I happened to be visiting some very good friends who are …
You remember that, Mr. Deputy Speaker. Only less than [five] miles down the road. You reme mber t hat, Cousin Cole? Because that is right in your neighbourhood, the Gold Coast. I spent a little time in South Shore. I happened to be visiting some very good friends who are relatives of yours. Right? I am here to tell you, when you go down memory lane th ere are other people who can go down memory lane too.
[Inaudible interjections and general uproar ]
Mr. Hubert (Kim) E. SwanWhen a Government had Ritz-Carlton on the hook and protestors took it away.
Mr. Hubert (Kim) E. SwanAnd the same person who led the protest, the former Finance Minister, then gave away our airport.
An Hon. Member An Hon. MemberOh, my gracious! [Inaudible interjections ] Mr. Hubert (Kim) E. Swan: Give me a break! Under your Government!
Mr. Hubert (Kim) E. SwanNo, no. Don’t go there, Cole. You don’t want to . . . and I am not using up my time on that red herring. [Laughter and desk thumping]
Mr. Hubert (Kim) E. SwanNo! No! No, no, no, Cole. I presided over a time when people broke the rules of the . . . you know, the Honourable and Learned Member came here and said that he was glad that the Government would not go ahead and take . . . this Government …
No! No! No, no, no, Cole. I presided over a time when people broke the rules of the . . . you know, the Honourable and Learned Member came here and said that he was glad that the Government would not go ahead and take . . . this Government would not do t hat! This Government saw that Government pass a law to take away a licence that was given to a businessperson.
Mr. Hubert (Kim) E. SwanNo! You set up a party and broke every rule in the book that about four or five different chairmen joined with me to lead a protest in law against . . . so don’t talk about . . . this Gover nment will go out of its way to …
No! You set up a party and broke every rule in the book that about four or five different chairmen joined with me to lead a protest in law against . . . so don’t talk about . . . this Gover nment will go out of its way to uphold the rule of law. And I have seen it! And I have seen the opp osite. But let me tell you, that $165 million did not turn out to be $165 million. Because when interest was factored in, and when carrying on the business that the liquidators and all of them, and auditors, and everybody coming in to look at it, the bil l keeps rising! And let me tell you this. You know, Bermuda . . . and during the recession I often said that we needed to go back and have a little bit more stringent rules. But when that project was signed, sealed and delivered, I am not too sure that ev erything was all right with the companies. But, you know what? Timing is everything. And it was right on the heels of an election. And we got to do something. Oh, we got to do something. I’ve been around for a few elections in my life span and I know this much. When it comes to elections, you know, Government tries to do as much as they can, to say I am doing something. So, the Opp osition Leader spoke of a golf course that was part of the plan that they had. They took the golf course out! But why would a golf course be included in Morgan’s Point? Well, because in 1977 a then UBP Gover n222 9 December 2022 Official Hansard Report
Bermuda House of Assembly ment with a company called Beam Limited, which was part . . . (may she rest in peace) the late Madelyn Joell and others had a golf course designed by no less than the number -one golfer in the entire world!
[Inaudible interjection]
Mr. Hubert (Kim) E. SwanNo, far from it. Jack Nicklaus himself came to this Island for a second time to my area and designed a golf course. And I keep calling for that property because I am looking forward . . . Mr. Deputy Speaker, you have heard me say on more than one …
No, far from it. Jack Nicklaus himself came to this Island for a second time to my area and designed a golf course. And I keep calling for that property because I am looking forward . . . Mr. Deputy Speaker, you have heard me say on more than one occasion, Morgan’s Point presents an opportunity. There are people with billions out there (and I know one or two of them), who would like to look at some infrastructure opportun ities in Bermuda. And that is the way we need to be look-ing forward. We need the Opposition to be more forward thinking, to try to rectify their mistake. If you want to go back in memory lane and talk about 2007, when the developer entered into an agreement, you are talking about businessmen entering into an agreement —
Hon. N. H. Cole Simons: Point of clarification, Mr. Deputy Speaker.
Mr. Hubert (Kim) E. SwanI will let you clarify, but remember it is not a point of order. POINT OF CLARIFICATION Hon. N. H. Cole Simons: Yes, I am clarifying. Mr. Deputy Speaker, the land swap that he is talking about was April 2008. And Kim Swan was Opposition Leader for the United Bermuda …
I will let you clarify, but remember it is not a point of order.
POINT OF CLARIFICATION Hon. N. H. Cole Simons: Yes, I am clarifying. Mr. Deputy Speaker, the land swap that he is talking about was April 2008. And Kim Swan was Opposition Leader for the United Bermuda Party from Dece mber 18, 2007, to May 17, 2011. His Opposition party was there against it. And now he is singing a different song. It is interesting how he [INAUDIBLE] —
Mr. Hubert (Kim) E. SwanNo! No, that is not a point of order; it is a point of clarification. I accept being an Opposition Leader during that period. That is why I understand how disingen uous he is being today! [Inaudible interjection and laughter ]
Mr. Hubert (Kim) E. SwanGive me a break! This Bill has nothing to do with 2007, because in 2007, amidst all the protests that the Opposi tion of that day provided, and others who were not a part of the Opposition, the Government came up with a sol ution. The Honourable Alex Scott in …
Give me a break! This Bill has nothing to do with 2007, because in 2007, amidst all the protests that the Opposi tion of that day provided, and others who were not a part of the Opposition, the Government came up with a sol ution. The Honourable Alex Scott in his tenure came up with a solution that was signed off by businessmen who do that every day! Fast forward to what we have today: $165 mi llion by that Government and grown to almost a quarter of a billion dollars —
An Hon. Member An Hon. MemberA mess!
Mr. Hubert (Kim) E. Swan—that we are saddled with! And they would not expend one dickey bird of any s entences to the mess that they created!
Mr. Hubert (Kim) E. SwanI mean, you are talking about the epitome . . . and then have the gall to want to go back to what I did in Opposition?
An Hon. Member An Hon. MemberYes! [Inaudible interjection]
Mr. Hubert (Kim) E. SwanI have seen hypocrisy but I am witnessing it now in living colour! [Inaudible interjections ]
Mr. Hubert (Kim) E. SwanUnbelievable! And my good fr iend, Cole, there has got that smile on his face. He knows very well, he knows do llars and cents. He has presided for some very wealthy people all around the world, flown to places with them, France, and the like. And he knows that …
Unbelievable! And my good fr iend, Cole, there has got that smile on his face. He knows very well, he knows do llars and cents. He has presided for some very wealthy people all around the world, flown to places with them, France, and the like. And he knows that if he was representing t hem now, he would be on a tirade about all that money. But you are not for the people’s money today.
Mr. Hubert (Kim) E. SwanShame! Shame! Shame! But I would encourage the Opposition to get on board with finding solutions for thi s Government. He tip -toed around the fact that there is more property. Are you tip -toeing around the fact because you do not want Government to have more property? B ecause …
Shame! Shame! Shame! But I would encourage the Opposition to get on board with finding solutions for thi s Government. He tip -toed around the fact that there is more property. Are you tip -toeing around the fact because you do not want Government to have more property? B ecause at the end of the day, we are holding the bag for a quarter of a billion —not a quart er of a million though, a quarter of a billion! We are holding that bag. When you talk about debt, come with solutions on how we can then translate this asset that we are saddled with into an opportunity to provide some relief for the mistake that your Gov ernment made! And stop avoiding the problem! On the heels of an election, you came up with this and you were prepared to enter an agreement
Bermuda House of Assembly when you may or may not have known that persons were already in trouble financially.
An Hon. Member An Hon. MemberTalk about i t!
Mr. Hubert (Kim) E. SwanYou may or may not have known. Shame . . . more than shame on you if you knew, because then it would be something for the auditor to look at. Or maybe even a commission to look at. [Inaudible interjection]
Mr. Hubert (Kim) E. SwanYes, as the person said, you would do it again. You would saddle us with a quarter of a billion in a bad debt. And if you were wearing your banking hat . . . you are retired now, may you long live to enjoy your retirement, right? But if …
Yes, as the person said, you would do it again. You would saddle us with a quarter of a billion in a bad debt. And if you were wearing your banking hat . . . you are retired now, may you long live to enjoy your retirement, right? But if you were wearing your banking hat and made such a decision on behalf of any financial institution, you tell me, what would be the consequences? And then enter into an agreement with someone who you have good reason to believe could have and then ended up defaulting on their money. You tell me what would be the consequences! [Inaudible interjection]
Mr. Hubert (Kim) E. SwanI am telling you. That is the concern. And when you go back and google, go back and google the time period that caused the dec ision to be m ade because you went back 12 years when the protest was coming. But since the protest, a solution was found …
I am telling you. That is the concern. And when you go back and google, go back and google the time period that caused the dec ision to be m ade because you went back 12 years when the protest was coming. But since the protest, a solution was found to the satisfaction of those developers and then they did what? They proceeded. And as a consequence, this Government is having to clean up the OBA’ s mess—
[Inaudible interjection]
Mr. Hubert (Kim) E. SwanAnd for the record, Mr. Deputy Speaker — [Crosstalk ] Hon. N. H. Cole Simons: You can’t walk away from it. [Inaudible interjection] Hon. N. H. Cole Simons: It’s your legacy.
Mr. Hubert (Kim) E. SwanNo, no, no! I accept who I am and where I am. And I am proud of where I am. And I am telling you right now, that $165 million debt that you entered into was on your watch! Hon. E. David Burt: Point of order.
The Deputy SpeakerDeputy SpeakerThere is a point of order, Mr. Swan. POINT OF ORDER [Misleading] Hon. E. David Burt: I hate to interrupt the Honourable Member, but I cannot continue to allow him to mislead the Hous e. He is talking about $165 million. It is not $165 million; the Bill is right …
There is a point of order, Mr. Swan.
POINT OF ORDER [Misleading] Hon. E. David Burt: I hate to interrupt the Honourable Member, but I cannot continue to allow him to mislead the Hous e. He is talking about $165 million. It is not $165 million; the Bill is right now $232 million. So he must call it for what it is. My apologies.
Mr. Hubert (Kim) E. SwanMr. Deputy Speaker, I accept the correction. I offer my humblest apologies to the Premier and Honourable Finance Minister. I do not want to mislead the public like the OBA did —two hu ndred and . . . how many? [Inaudible interjection]
Mr. Hubert (Kim) E. SwanI rest my case, Mr. Dep uty Speaker. It is crying shame, but it is no joking matter because, Mr. Deputy Speaker, we are looking for solutions for this. We are committed to catering to the people of this country as we did during the pandemic. This Bill is a …
I rest my case, Mr. Dep uty Speaker. It is crying shame, but it is no joking matter because, Mr. Deputy Speaker, we are looking for solutions for this. We are committed to catering to the people of this country as we did during the pandemic. This Bill is a step toward rectifying a problem. Just like the remediation of the toxic waste that was left under-neath the ground, we are remediating the toxic financial deal that was entered into by the OBA. Thank you.
[Desk thumping]
The Deputy SpeakerDeputy SpeakerThank you, Mr. Swan. Are there any further speakers? The Honourable Member Anthony Richar dson.
Mr. Anthony RichardsonMr. Deputy Speaker, well, first of all, let me declare my interest in the sense that one of the owners of the development is Mr. Hunt, and I have provided direct information to him in this r egard. So let’s just get that on the table. In this matter, what …
Mr. Deputy Speaker, well, first of all, let me declare my interest in the sense that one of the owners of the development is Mr. Hunt, and I have provided direct information to him in this r egard. So let’s just get that on the table. In this matter, what I would say tonight actually is that I am very thankful for the information that is being shared. And really, for the listening audience, I want to clarify the fact that what the Government is doing is 224 9 December 2022 Official Hansard Report
Bermuda House of Assembly actually creating a simplified model to deal with the issues up at Morgan’s Point in terms of being pr epared to accept the substantive asset up at Morgan’s Point which is going to end up being what we keep referring to as the 37 acres. I will admit that when I first was aware I had the same concerns as everyone else. Why would Government be taking over the development? But, when you think it through, and this is where the Honourable Opposition Leader, Mr. Simons, would be aware, is that in the instance of a distressed debt, you have to make some adjustments. And so this is what the Government is doing. So, I think, on behalf of the Opposition, that the MP can now act with more clarity to explain what is taking place today. Absent the em otion, absent the blame, absent all those kinds of things this is in fact a practical thing for the Government to be doing. The other thing that we have not really talked about toni ght is . . . the consequence of tonight actually makes the solution that much easier because you clean it all up and there will now be a new entity that owns the land, if it goes the way as expected. And so in the event that there is a new offer (let’s cal l it) or a new purchaser or a new developer, they will be able to come in now and much more cleanly move forward with the development. The other point I will make is, as I sometimes use (and I will go back to my earlier childhood), is that this actually does represent two of us, in this case, the OBA and the PLP in my infamous example of being on a small boat off of Devonshire Dock. The boat has sprung a leak and we need to now work together to get back to shore. And getting back to shore is solving this issue up at Morgan’s Point. The beauty of it, and I forget that one of the speakers has just alluded to this, is that it is actually a significant opportunity for ec onomic development that all of Bermuda will benefit from and it is going to require long- term planning. And so right now, yes, the distressed portion is the smaller lot (what I call the smaller portion). But let’s just imagine going forward, if the entire area can be properly developed, with a future look. Earlier, Mr. Deputy Speaker, you were talking about arable land and us being able to have sustaina-ble development ourselves. I think the Honourable Kim Swan talked about a golf course. We know that there are some structures already in place. We know that there is a marina already on site. So, just imagine all of us, collectively now, if we can get to a space where this problem can be resolved. I will also add that, for me, part of the clarity was to try to understand the financing arrangements. And I know that the current Minister of Finance has said that the project itself was not fully funded from inception. What I will do, and I will be very careful about this (it is a bit of a stretch, but I will be careful when I say this). There has been some commentary around the fact as to whether or not the Government had to step in and pay the creditors when it took place. And what I will say is this: The former Minister of Finance actually agreed with that position, that the Gover nment should step in. And so, based upon the signif icant commentary and su pport from the OBA, they cannot now criticise that decision, because they su pported the decision at the time. And the person, in the name of the former Minister, who is given such acc olades by everybody, is the one who supported that. And so now we have to come back to, I think, a sense of less emotion and understand some of the facts around this. And now, hopefully, we are able to move forward. While I am on my feet, I will say this also, in that, more so to the listening public, some have ques-tioned why it is that the Government keeps talking about more than $200 million for Morgan’s Point. And tonight, we have heard some additional clarity because it was the initial $165 [million] plus there are the carrying expenses, which would be interest and what have you, and there are some other acquisition costs. And so, it does make sense for us to now understand that the number is more than $200 million.
[Mr. Scott Simmons, Acting Speaker, in the Chair]
Mr. Anthony RichardsonAnd so I look forward now to, whet her it be the Opposition Member, Mr. Cole Simons, or the Deputy Leader, Mr. MP Richardson, that we can speak now to the truth of the matter and actively try to reduce some of the emotion, because clearly, we need to get …
And so I look forward now to, whet her it be the Opposition Member, Mr. Cole Simons, or the Deputy Leader, Mr. MP Richardson, that we can speak now to the truth of the matter and actively try to reduce some of the emotion, because clearly, we need to get to a point whereby this is r esolved. It does represent one of those anchors (if you will) that is going to drag us unless we are able to move together and work through it. So, I will close by saying that what was or is a unique opportunity, spearheaded by three Bermudians, Mr. Hunt, Mr. Duperreault, and Mr. Christensen, has obviously hit some troubled waters. But let’s look forward to a solution whereby we, the collective we, the collective Bermuda we, can move forward toget her. And even on behalf of Minister Hayward, in terms of the Economic Review Plan, if we are really serious about this, this can form part of that and we can look to the future of having a significant Bermuda benefit that comes from that area. Thank you, Mr. . . . what are you, temporary Acting Speaker?
Mr. Famous.
Mr. Christopher FamousSorry. I could not hear you. Bermuda House of Assembly The Acting Speaker: I recognise the Honourable Mr. Famous. Mr. Famous, you have the floor.
Mr. Christopher FamousMr. Acting Speaker, imagine if you will, that this is not Parliament, but this is a courtroom right now. [Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the Chair]
Mr. Christ opher FamousSo, just imagine. Mr. Deputy Speaker, the prosecution has heard from the defendant. [Laughter]
Mr. Christopher FamousAnd usually in cases there needs to be corroboration of witnesses, corroboration of evidence. The defendant has failed to give any cor-roboration of his claims —zero. Even one of his codefendants has walked out of the courtroom, his chief co-defendant. If it may please you, Mr. Deputy Speaker, I would …
And usually in cases there needs to be corroboration of witnesses, corroboration of evidence. The defendant has failed to give any cor-roboration of his claims —zero. Even one of his codefendants has walked out of the courtroom, his chief co-defendant. If it may please you, Mr. Deputy Speaker, I would like to call some witnesses, please. Mr. Deputy Speaker, witness number one. The Honourable Bob Richards.
Mr. Christopher FamousHe chastised the former Minister of Finance, Honourable Curtis Dickinson, for stepping in to save the country by paying off the debt. Do you know what he said? He said, Play it again, Sam. I would do it again. In a courtroom sense that is called “lack of remorse.” Mr. …
He chastised the former Minister of Finance, Honourable Curtis Dickinson, for stepping in to save the country by paying off the debt. Do you know what he said? He said, Play it again, Sam. I would do it again. In a courtroom sense that is called “lack of remorse.” Mr. Deputy Speaker, with your indulgence, I would like to call yet another witness. The Honourable Marc Bean (then Senator).
Mr. Chr istopher FamousAnd I quote, Mr. Deputy Speaker, he stated that the BEST [ Bermuda Environmental and Sustainability Taskforce] protesters are “worrying about their own little cubby hole space” and are separated from reality. I quote again, the Senator als o stated that he takes “real issue with this muppet show.” In …
And I quote, Mr. Deputy Speaker, he stated that the BEST [ Bermuda Environmental and Sustainability Taskforce] protesters are “worrying about their own little cubby hole space” and are separated from reality. I quote again, the Senator als o stated that he takes “real issue with this muppet show.” In this same session, Senators David Burch and Kim Wilson complained of rude emails they r eceived from BEST supporters about the Southlands swap situation. BEST is actively involved with preser ving Southlands, a 37- acre park land in Warwick from a hotel development. Now, according to the chief defendant, he put it all on the PLP. Now, why would the PLP be sending their own Ministers (or Senators) rude emails? It could not have been the PLP. Here i t is, right in writing. Mr. Deputy Speaker, I call up BEST as a wi tness. Monday, March 15, 2010, BEST is calling upon the Cabinet and Ministers of Parliament to do what is right for Bermuda and finalise the Southlands Morgan’s Point land swap. That is fr om BEST, not from the PLP. Mr. Deputy Speaker, my final witness, then Senator Alexis Swan, put out an appeal for the friends of Southlands to come help and clean it up. Now, I am all for cleaning it up. But the point is, who was the OBA Senator? Correct? So, I am still waiting for the chief defendant to have any corroborating witnesses for his claim that it was the PLP that forced this land swap, because from the evidence here, it is presented that BEST, who was no friend of the PLP, was forcing this land swap. They wanted Southlands to be pr eserved. They wanted the Government of the day to give the developers Morgan’s Point. And two Premiers, Premier Alex Scott and Premier Ewart Brown capitulated. I am waiting for a point of order, but I don’t think I am going to get one. So, you see, Mr. Deputy Speaker, I am just saying I have presented ample evidence. The problem that we have here is lack of accountability. The OBA now, the then UBP, fought against the development. They forced the hand of the Government to start off to swap Southlands to Morgan’s Point. That started this ball rolling. Fast forward. They are the ones who signed a $165 million guarantee. The Honourable Member from constituency 2 said, Well, maybe they didn’t know that the persons were alr eady insolvent. Well, it would be a shame if they did know that they were insolvent, and it would be a shame if they didn’t know they were insolvent. Because that means that they didn’t do their due dil igence. They just signed off $165 million to people wh o were refusing to pay. They signed off $165 million, not for 130-something in acres, but only a 37- acre guarantee. Who does that? Oh, would that be the same people who signed off an airport for 30 years that we still have to pay . . . that we still have t o pay the electricity $2 million a year? Do you see the sort of rel evance here? The same Government had Members opposing young Mr. Thomas from having something down at Warwick Long Bay. Do you see a pattern here? Everything along that stretch they opposed. Ever ything! Every single thing! They told us that a development was going to fall in the water. Five hurricanes later it is still standing. So, I am saying, Mr. Deputy Speaker, that I am showing a track record of protests against a certain area, that th is same area happens to be where the former Finance Minister lives. Hmm. Coincidental; right? I say, I think not. Mr. Deputy Speaker, as my Honourable Member from constituency 7 said, It is now time to turn the tide on this situation as best (no pun inten d226 9 December 2022 Official Hansard Report
Bermuda House of Assembly ed) . . . as best as we can. I find it interesting that no other OBA Member is speaking on this, as yet. I find it interesting that the Premier in charge, the person who was the Premier when that was signed away for $165 million, packed up his stuff and left. The Member from constituency 10, the same guy who signed away the airport, the same guy who signed away the Pathways to Status. [Mr. Scott Simmons, Acting Speaker, in the Chair]
Mr. Christopher FamousSo, Mr. [Acting] Speaker, we are $232 million in debt. We have to come back to this House and raise the debt ceiling on the cusp of a pandemic because of the OBA and BEST and others (who will remain nameless). But lest we forget, we are cleaning, as the …
So, Mr. [Acting] Speaker, we are $232 million in debt. We have to come back to this House and raise the debt ceiling on the cusp of a pandemic because of the OBA and BEST and others (who will remain nameless). But lest we forget, we are cleaning, as the Honourable Member from constituency 2 said, we are cleaning up their mess. Thank you, Mr. [Acting] Speaker.
The Acting SpeakerThe SpeakerThank you, Honourable Member. Any other Member wish to speak on this m otion? I recognise the Honourable Member [Mr.] Lawrence Scott. Honourable Member, you have the floor.
Mr. W. Lawrence ScottThank you, Mr. Acting Speaker. The Honourable Member made it personal when he started talking about constituency 24. For the last 30 years, three decades, there has been a Scott who has represented the people’s wishes, comments, concerns and necessities of that area. The Honour able Member got up and …
Thank you, Mr. Acting Speaker. The Honourable Member made it personal when he started talking about constituency 24. For the last 30 years, three decades, there has been a Scott who has represented the people’s wishes, comments, concerns and necessities of that area. The Honour able Member got up and made it seem as though an MP standing up and giving voice to the voiceless, an MP who wants to provide a solution to a problem, an MP who went against developers was wrong for doing that. That scares me, Mr. Acting Speaker. Not because one Member from that side said it, but it seems to be a repetitive narrative. Earlier today, not to reflect on a previous debate, but earlier today we heard Members insinuate, mention, allude to the fact that if it negatively impacts a business owner, if it negatively impacts the “one percenters,” or the merchant elite, it should not happen in this country. And so what I will do is I will go back to a story.
[Inaudible interjection]
Mr. W. Lawrence Sco ttNo, no airplanes involved in this one. It is a story that my grandfather told me. He was telling me, a gentleman has a horse. And he is going to take the horse out and as he goes to put (and I might get the terminology wrong so please forgive …
No, no airplanes involved in this one. It is a story that my grandfather told me. He was telling me, a gentleman has a horse. And he is going to take the horse out and as he goes to put (and I might get the terminology wrong so please forgive me) the bridle and the bit between the horse’s mouth and try to mount the horse and the horse moves. It causes the rider some difficulty to get on. The rider grabs that harness and says, That’s one. So he has now gone and gotten on the horse and he is trotting do wn and the horse . . . he tells the horse, Whoa!, and the horse won’t whoa. The horse won’t come to a stop when he wants him to. The rider jumps off, grabs the harness again and says, That’s two. Later on, the gentleman has got his wife on this horse. The y are going out and trotting along, just on a nice leisurely sunset trot, and the horse rears up unexpectedly without command and causes the gentleman’s wife to fall off. That rider gets off, grabs the horse, takes a gun and shoots it and says, That’s three. And the wife says, Why did you do that? That was unnecessary. The man turns to the wife and says, That’s one. [Laughter]
Mr. W. Lawrence ScottNow, Mr. Acting Speaker, the reason I told that story is because of the fact that we are hearing some disturbing narratives coming from the Opposition. The Opposition said it was wrong that the MP of the area . . . I declare my interest; it was my father. That …
Now, Mr. Acting Speaker, the reason I told that story is because of the fact that we are hearing some disturbing narratives coming from the Opposition. The Opposition said it was wrong that the MP of the area . . . I declare my interest; it was my father. That he was wrong for standing up for his people. That he should not have represented them effectively enough to where the development was stopped. He should not have listened to the protests. He should not have gone to find a solution that not just the people of his area were happy with, but the developer was happy with at the time. That’s one. And so now what has happened is that the OBA get a chance, and they had one job to do. They had a fiduciary responsibility to ensure —
[Inaudible interjection]
Mr. W. Lawrence ScottThank you very much. For those who are out there who are unfamiliar with the term “fiduciary responsibility,” that is ensuring that all due diligence is done, making sure that there are no decisions [made] that are causing wastage of money or that are not going to meet the accounting …
Thank you very much. For those who are out there who are unfamiliar with the term “fiduciary responsibility,” that is ensuring that all due diligence is done, making sure that there are no decisions [made] that are causing wastage of money or that are not going to meet the accounting stan dards, and to make sure that the finances work f or the deal. To make sure that it is not going to get started and then fall apart. The OBA had one fiduciary responsibility to ensure that due diligence was done on that project and they failed. That’s two. But, Mr. Acting Speaker, as I said, it is not a one-off deal. Where else have we heard about the OBA not doing fiduciary responsibility to ensure that the financing works for all parties involved? Down at the East End —$295 million. That is the cost of the airport. [It is] $40 million . . . sorry, it is more than that
Bermuda House of Assembly now, pushing $60 million, the cost to this country. That airport development has cost us air service because it is becoming too expensive for airlines to fly to Berm uda. That is why they are disappearing. Mr. Acting Speaker, I do not quest ion the Honourable Member Scott Pearman on legal matters.
The Acting SpeakerThe SpeakerI will accept the point of order, Honourable Member Scott Pearman. Go ahead. POINT OF ORDER [Misleading]
Mr. Scott PearmanThank you, Mr. Acting Speaker. I am afraid the Honourable former Minister is misleading the House. The suggestion that because the OBA got a much- needed new airport built is not the reason planes are not flying to Bermuda today. Nice try, MP Scott.
Mr. W. Lawrence ScottLet me tell you something about airlines and aviation. The thing is this: When they built the new airport, the expenses got passed on to the customer. If you look at your airline ticket . . . remember, there was a time when it cost $25 to leave the country. …
Let me tell you something about airlines and aviation. The thing is this: When they built the new airport, the expenses got passed on to the customer. If you look at your airline ticket . . . remember, there was a time when it cost $25 to leave the country. That was the added tax. That was the departure tax. Now it cos ts you over $100, which the airline has to pay first. And there are other jurisdi ctions that do not have those added taxes because they did not have a new development that was poorly financed and so therefore airlines are making more money with less yield and thus therefore putting their $60 million assets, i.e., airplanes, elsewhere. So, therefore . . . and keep in mind that the project agreement allows for Aecon/Skyport to i ncrease costs based off of the cost of living, or inflation. Imagine what it is going to be next year, Mr. Acting Speaker. And we won’t get planes here because the OBA did not do their due diligence, did not do their fiduciary responsibility —
The Acting SpeakerThe SpeakerHold on one second, Honour able Member. Go ahead, Honourable Member Mr. Pearman. Your point of order? POINT OF ORDER [Misleading]
Mr. Scott PearmanYes, thank you, Mr. Acting Speaker. Again, the MP, the Honourable Member, is misleading the House. The OBA was the Gover nment I believe . . . what? Five years ago, now. And it is their fault planes aren’t coming here today? Thank you.
Mr. W. Lawrence ScottAnd in those five years there were two decisio ns that caused half a billion dollars in our debt. So they made two decisions which took up 15 per cent of our national debt. In just two decisions and they were there for five years, and they made more than …
And in those five years there were two decisio ns that caused half a billion dollars in our debt. So they made two decisions which took up 15 per cent of our national debt. In just two decisions and they were there for five years, and they made more than two decisions. So you tell me where the national debt really came from!
The Acting SpeakerThe SpeakerTake your seat, Honourable Member. Go ahead, Honourable Member Pearman. POINT OF CLARIFICATION
Mr. Scott PearmanI believe, although subject to certain adjustment s that were informed to this Ho nourable House by the Premier today, our national debt is actually $3.25 billion. So I will tell you where it came from. It came from two decades of PLP overspending.
Mr. Scott.
Mr. W. Lawrence ScottSo the Honourable Member just said that decisions five years ago cannot be held to impact us today. But he just said that decisions made 20 years ago are impacting us today. Once again, there is a narrative that if you dare speak out against the status quo, if you …
So the Honourable Member just said that decisions five years ago cannot be held to impact us today. But he just said that decisions made 20 years ago are impacting us today. Once again, there is a narrative that if you dare speak out against the status quo, if you dare speak out against the developers or the one- percenters . . . keep in mind that the person who was the developer for Morgan’s Point, his bonuses alone were in the millions. But yet, that financing still fell apart. Which means that . . . did somebody . . . the OBA, who pride themselves on being the business -oriented individuals, have made the worst business -oriented decisions in the history of this country. And still they want to try to have their cake and eat it too, as my colleague highlighted earlier today. So, Mr. Acting Speaker, what we have heard today is that the OBA says, you, as MPs in the PLP, should not be standing up for your constituents. You, as MPs, should not be speaking out against the merchant elite in thi s country . You, PLP, should not be 228 9 December 2022 Official Hansard Report
Bermuda House of Assembly working for and trying to increase person’s liveable wages , trying to make sure that they can survive in a country in which they created the foundation in which we live on today which was always, always done so that the m erchant elite come out ahead of schedule. That the merchant elite are always the ones who do not have to worry about where their next meal is coming from. The OBA even ignored protests that were going on at the time. Notice how they tried to (pardon the pun) whitewash history. If it wasn’t for the PLP hig hlighting . . . and there was a speaker that highlighted . . . and Mr. Acting Speaker, you did not give me my full 24 minutes, but that’s okay. But if it wasn’t for the speaker highlighting about the protest, the OBA would have never let you know that. So who can we really trust? Who really tells us the real deal, holy feel? So I go back, Mr. Acting Speaker, and I tell you that the Honourable Member made it personal when they tried to talk about constituenc y 24 not doing their due diligence when they were representing their people. There is a reason that a Scott has been in constituency 24 for three decades. I remember when an Honourable former Finance Minister came and challenged him and ended up in the Sen ate. In the last election, they had to talk nicely to their potential candidate because they did not want to run against a Scott. They had persons come to the election booth putting their finger in former Premier’s faces trying to antagonise them to start a fight. That is how bad it got. And these are the people who we want to listen to? Once again, two decisions —$200 million at stake in each decision, equating to over $500 million, half a billion dollars in two decisions. And they have the audacity, the gall, the gumption, to even insinuate that the PLP did something wrong. And the next time they think that the PLP did something wrong, the next time they even dream about the PLP doing something wrong, they better wake up and apologise. That’s it, Mr. Acting Speaker.
The Acting SpeakerThe SpeakerThank you, very much, Ho nourable Member. Is there any other Honourable Member who wishes to speak? There are no other Honourable Members who have indicated that they wish to speak. I am going to ask that the Honourable Member Christopher Famous come for the Chair of Committee. Yes, go …
Thank you, very much, Ho nourable Member. Is there any other Honourable Member who wishes to speak? There are no other Honourable Members who have indicated that they wish to speak. I am going to ask that the Honourable Member Christopher Famous come for the Chair of Committee. Yes, go ahead Deputy [Premier].
Hon. Walter H. Roban: I will be summing up on b ehalf of the—
The Acting SpeakerThe SpeakerI apologise, Honourable Deputy [Premier]. Go right ahead. Mr. Famous, the Deput y [Premier] wishes to sum up. Deputy. Hon. Walter H. Roban: Thank you. Mr. Acting Speaker, quite a lively debate on this particular measure, I think. And one can expect that this was expected considering the history of …
I apologise, Honourable Deputy [Premier]. Go right ahead. Mr. Famous, the Deput y [Premier] wishes to sum up. Deputy. Hon. Walter H. Roban: Thank you. Mr. Acting Speaker, quite a lively debate on this particular measure, I think. And one can expect that this was expected considering the history of this particular measure around Morgan’s Point. The very name Morgan’s Point [no longer] conveys a memory of the base lands. It conveys a memory of a develo pment that has a storied history. Some have wished to serialise it here in this Chamber. But there are facts and you cannot rewrite the facts. A development which, yes, was a subject of a land swap, was a subject of a development proposal, and which was a subject of a guarantee is now the subject of liquidation, which is now in this House the subject of a reorganisation and a company to take the assets that are left and organise them in a way that can potentially in the future result in a credible development. That is what is going on in this House today. A lot has been said but I believe that this sums up why we are here today. It is to create and pass a Bill that will become the instrument to properly manage and develop this particular area of land. And at some f uture time [if] additional land can be acquired, this i nstrument will do that as well to push forward a sens ible development. And one would think that this is something that everybody in this House wishes to see. The history has been well discussed and outlined, the mismanagement around this. The impact it has had on the fiscal stability of the country and the Government. All of that has been well discussed. By the end of the day we are here to debate a Bill, to set up a company, not dissimilar from other companies that we have set up, such as the Bermuda Land D evelopment Company, and others that have been set up to do similar things that can bring about reasonable development of an area of land. So that is why we are here today. Frankly, I do not think, Mr. Acting Speaker, I need to say anything further. So I am going to now move that the Bill be committed.
The Acting SpeakerThe SpeakerIt is so moved that the Bill be committed. Will Mr. C. Famous take the Chair of Committee. [Pause] House in Committee 7:11 pm [Mr. Christopher Famous, Chairman] COMMITTEE ON BILL MORGAN’S POINT COMPANY ACT 2022
The ChairmanChairmanHonourable Members — Bermuda House of Assembly [Crosstalk]
The ChairmanChairmanHello, hello. Honourable Members, we are now in Commi ttee of the whole [House,] for further consideration of the Bill entitled Morgan’s Point Company Act 2022 I call on the Minister in charge to proceed. Minister, you now have the floor. Hon. Walter H. Roban: Thank you, very much, Mr. …
Hello, hello. Honourable Members, we are now in Commi ttee of the whole [House,] for further consideration of the Bill entitled Morgan’s Point Company Act 2022 I call on the Minister in charge to proceed. Minister, you now have the floor.
Hon. Walter H. Roban: Thank you, very much, Mr. Chairman. I would wish to move clauses 1 through 5 of the Bill. May I proceed?
The ChairmanChairmanYou move that the clauses be moved? Hon. Walter H. Roban: Yes, I wish to now give commentary on those five clauses. May I proceed?
The ChairmanChairmanYou may proceed. Hon. Walter H. Roban: Thank you. Mr. Chairman, the Bill seeks to establish a Government -owned company under the Companies Act 1981 to acquire, hold, develop, lease, sell, manage or oversee the management of the land at Morgan’s Point . Clause 1 provides the title of the …
You may proceed. Hon. Walter H. Roban: Thank you. Mr. Chairman, the Bill seeks to establish a Government -owned company under the Companies Act 1981 to acquire, hold, develop, lease, sell, manage or oversee the management of the land at Morgan’s Point . Clause 1 provides the title of the Bill and ties it to the Companies Act 1981 so that any terminology in the Bill is inter preted by the terminology in the Companies Act 1981. Clause 2 provides the references used in the Bill. Clause 3 authorises the Government to form the Morgan’s Point Company Limited [“the Company” ] by requiring the Government to follow standard pr ocedures for registering the company with the Registrar of Companies. This means delivering a memorandum of association and bye- laws for the company to the Registrar of Companies within 90 days of the passage of the Act and registering them under the Companies Act 1981. Clause 4 applies the provisions of the Companies Act 1981 to the Company, except where they are inconsistent with the Bill. Clause 5 provides the purpose of the company through more specific references to its objectives. Thank you, Mr. Chairman.
The ChairmanChairmanIt has been moved that clauses 1 through 5 be approved. [Crosstalk ]
The ChairmanChairmanDoes anyone wish to speak to it?
Mr. Scott PearmanYes, thank you, Mr. Chairman. With your leave? The Chairman: Yes.
Mr. Scott PearmanMinister, I raised th e point in debate, but again, I know the House takes great comfort in the assurance that the Premier has given to the House that this company would not seek to do an ything in relation to land that the Government does not own, but nonetheless, …
Minister, I raised th e point in debate, but again, I know the House takes great comfort in the assurance that the Premier has given to the House that this company would not seek to do an ything in relation to land that the Government does not own, but nonetheless, the Bill remains defective. The scheduled land is defined as being all the land at Morgan’s Point, 229 acres, by clause 2, and it then purports to do things in relation to the scheduled land which this company and this Government have no right to do. So, I mean, I do not know if it is going to be amended in the Senate, or what, but at the moment this Bill is fundamentally and fatally flawed.
The ChairmanChairmanMinister, do you wish to speak? [Crosstalk]
The ChairmanChairmanDoes anyone else wish to speak to this? Hon. Walter H. Roban: Thank you, Mr. Chairman. I am not sure what . . . I did not hear the Member speak to a specific clause. [Inaudible interjection] Hon. Walter H. Roban: [Section] 5A, thank you. This has been somewhat cleared …
Does anyone else wish to speak to this?
Hon. Walter H. Roban: Thank you, Mr. Chairman. I am not sure what . . . I did not hear the Member speak to a specific clause.
[Inaudible interjection]
Hon. Walter H. Roban: [Section] 5A, thank you. This has been somewhat cleared up in the other part of the debate in that it is a standard prov ision and has been said this is a . . . the clause speaks to the ability of the company to acquire land. It would also give it capacity to acquire land in the future even though this has been set up acquire a particular area of land. So, I understand the Honourable Member’s point, but legally, although this company has been set up to acquire a certain parcel of land, it will also have the power in the future to acquire future parcels as they become available. It certainly . . . and it was spoken to in the other debate that certainly there is no intention for this company to acquire land that it does not have the power to do so.
Mr. Scott PearmanThank you, Mr. Chairman. Minister, the solution is actually really easy. What one should do is put a Schedule in this Bill that shows the Government land. And then when the Go vernment acquires more land, as the case may be, if and when it does, then you amend the …
Thank you, Mr. Chairman. Minister, the solution is actually really easy. What one should do is put a Schedule in this Bill that shows the Government land. And then when the Go vernment acquires more land, as the case may be, if and when it does, then you amend the Schedule. But at the moment, the Bill does not work with the current Schedule. That is simply my point. I am not going to belabour it with every place in the Bill where it doesn’t work. There are a number of places it doesn’t work for that very important reason. And given the assurance 230 9 December 2022 Official Hansard Report Ber muda House of Assembly by the P remier, it sounds as if he would want that to be fixed either here or in the House above. Ho n. N. H. Cole Simons: Supplemental. The way this legislation is — Th e Chairman: Wait, wait, wait. One minute. You may proceed. Ho n. N. H. Cole Simons: Thank you, sir. I think the way it is written it exposes the Go vernment to litigation because they do not . . . there is no protection for future ownership. I mean, when we pass legislation, legislation is based on the now, the access to and the securitisation of one’s ownership of the property. Future possibilities of the ownership may vary from time to time. And so, I just think, as my colleague said, it will be tighter if we showcase . . . or had the Schedule amended to show what was actually owned by Government at this point in time and bring an amended Schedule should they acquire or take possession of other properties in the future. The way it is structured now is going to expose the Government to litigation. Th e Chairman: Thank you. Members, for the listening public, we are in Committee of the whole [House] for debate on the Morgan’s Point Company Act 2022. Ho n. Walter H. Roban: Thank you. My answer stands. I mean, the company cannot transact on purchasing any land that it does not have permission to do so. I understand the point being made by the Honourable Members. Certainly, it can be taken under advisement, but my answer stands for the point that the raised. Thank you, very much, Mr. Chairman. Th e Chairman: Does anyone else wish to speak to this? Minister, you may move clauses 1 through 4 [sic]. Ho n. Walter H. Roban: Yes, I move clauses 1 through 5 as written. Th e Chairman: Sorry, clause 1 through 5. My apol ogies. Are those in agreement? Is there any objection to that motion? Agreed to. [Mo tion carried: Clauses 1 through 5 passed.] Ho n. Walter H. Roban: Thank you, Mr. Chairman. I now wish to move clauses 6 and 7, as there are amendments that have been tabled for those, so I wish to go through those two clauses as there are amendments that we have made available, and I will speak to those amendments. Th e Chairman: Yes, you may proceed. Ho n. Walter H. Roban: Thank you. [Crosstalk] Th e Clerk: Are you doing 6 through 9? Hon. Walter H. Roban: I am doing clauses 6 and 7 in this portion. So, I am dealing with just clauses 6 and 7. But we have submitted those amendments for the House’s consideration. So may I proceed?
The ChairmanChairmanYou may p roceed. AMENDMENT TO CLAUSE 6 Ho n. Walter H. Roban: Mr. Chairman, I wish to move clauses 6 and 7 and amend as follows: By deleting clause 6 of the Bill . . . and I'm going to read the amendments so that it is clear what …
You may p roceed. AMENDMENT TO CLAUSE 6 Ho n. Walter H. Roban: Mr. Chairman, I wish to move clauses 6 and 7 and amend as follows: By deleting clause 6 of the Bill . . . and I'm going to read the amendments so that it is clear what they are. By deleting clause 6 of the Bill and inserting the following: “General purpose of Company “6 The general purpose of the Company is to acquire and develop the scheduled land or any other land situated at Morgan’s Point, and subsequently to operate any business thereon following completion of the development with a view to recouping the Go vernment’s investment in the scheduled land.” That is the amendment to clause 6. May I continue on? Th e Chairman: You may continue. INSERTION OF CLAUSE 7 [and renumbering of existing clauses 7 through 16] Ho n. Walter H. Roban: Also, in clause 7, by inserting the following as clause 7 of the Bill . “Board of directors “7 (1) There shall be a board of directors of the Company which shall be responsible for devising and executing the policy of the Company. “(2) A director who is directly or indirectly interested in a contract, a proposed contract or an arrangement with the Company shall declare the n ature of such interest at a meeting of the board of direc-tors and the disclosure shall be recorded in the minutes of the meeting. “(3) Where a declaration is made under subsection (2), unless the board of directors decide that the interest in question might prejudicially affect the director’s consideration of the matter and so di squalify him from voting, a director may vote in respect of any contract, proposed contract or arrangement in
Bermuda House of Assembly which such director is interested and may be counted in the quorum for such meeting.” That is all of the text of each amendment for clause 6 and clause 7. So I move that those amendments be accepted.
The ChairmanChairmanIs there anyone who would like to speak to clauses 6 and 7 as amended? Hon. N. H. Cole Simons: I have no problem with [clause] 6. This question is clause 7. So, are you saying that clause 7 (“Board of directors” is the title) will replace the members or …
Is there anyone who would like to speak to clauses 6 and 7 as amended? Hon. N. H. Cole Simons: I have no problem with [clause] 6. This question is clause 7. So, are you saying that clause 7 (“Board of directors” is the title) will replace the members or that will come ahead of the “Members of Company” and “Members of Company” becomes [clause] 8?
Hon. Walter H. Roban: There is going to be an adjustment to the numbering of this once we have completed the actual amendments to the clauses. And I will refer to that as I am going along. There is going to be an amendm ent to the order of the clauses.
Hon. N. H. Cole Simons: So, the current number seven is going to be changed to number eight, is what you are saying? Hon. Walter H. Roban: Yes, that is correct. As I go through the amendments, the change in the order will also be presented.
The ChairmanChairmanIs there anyone else who would like to speak to clauses 6 and 7? Hon. Walter H. Roban: I will continue now, Mr. Chairman. I wish to move clauses 6 and 7 as amended.
The ChairmanChairmanIt has been moved that the proposed amendments to clauses 6 and 7 be approved. Is there any objection to that motion? No objection. [Motion carried: Amendments to clauses 6 and 7 passed.] Hon. Walter H. Roban: Thank you very much, Mr. Chairman. I will now continue, and I will …
The ChairmanChairmanYou may proceed. Hon. Walter H. Roban: Thank you. Clause 8 specifies that the members of the Company will be the Minister of Finance and the Mi nister of Public Works. Clause 9 prohibits a member of the Company from selling or otherwise disposing of any shares in the company, …
You may proceed. Hon. Walter H. Roban: Thank you. Clause 8 specifies that the members of the Company will be the Minister of Finance and the Mi nister of Public Works. Clause 9 prohibits a member of the Company from selling or otherwise disposing of any shares in the company, except by transfer to another Minister, without authorisation of the Legislature. The clause also prohibits a member from dissolving the company or amalgamating it without the approval of the Legisl ature. Thank you very much, Mr. Chairman.
The ChairmanChairmanWould anyone like to speak to those clauses? [Inaudible interjections ]
The ChairmanChairmanHonourable Member, hold on. Member, your microphone needs to be turned on. Hon. N. H. Cole Simons: So, I am speaking to the Power to sell or acquire scheduled land. And I am r eferring to [clause 9] (3), which says, “ Notwithstanding subsection (1) , the Minister may , …
Honourable Member, hold on. Member, your microphone needs to be turned on.
Hon. N. H. Cole Simons: So, I am speaking to the Power to sell or acquire scheduled land. And I am r eferring to [clause 9] (3), which says, “ Notwithstanding subsection (1) , the Minister may , with the prior approval of . . . subsection (1) , and the purchase . . .” of land and the “Consolidated [Fund] by the purchaser shall be transferred and paid . . .” Should this be the “Minister”? Or should it be the “company”? I am just asking.
The ChairmanChairmanMinister, a question was asked, Mi nister, please give — Hon. Walter H. Roban: Thank you. Yes, it is corr ect as drafted. I mean, the Minister may with prior a pproval of the Legislature. So no . . . no action under that clause can be done without the …
Minister, a question was asked, Mi nister, please give —
Hon. Walter H. Roban: Thank you. Yes, it is corr ect as drafted. I mean, the Minister may with prior a pproval of the Legislature. So no . . . no action under that clause can be done without the Legislature’s permission. So, the Minister does not have—
[Inaudible interjections ]
The ChairmanChairmanSpeak to t he Chair, please. Hon. N. H. Cole Simons: I'm not saying we are ci rcumventing the approval of Parliament at all. I just asked whether it should be — [Inaudible interjection] Hon. N. H. Cole Simons: Right. Hon. Walter H. Roban: This clause is drafted as corrected. …
Speak to t he Chair, please.
Hon. N. H. Cole Simons: I'm not saying we are ci rcumventing the approval of Parliament at all. I just asked whether it should be —
[Inaudible interjection]
Hon. N. H. Cole Simons: Right.
Hon. Walter H. Roban: This clause is drafted as corrected. I mean, this clause is drafted appropriately. [Inaudible interjection] Hon. Walter H. Roban: [It is] correct as drafted. Sorry.
Mr. Chairman.
The ChairmanThank you. Would anyone else like to speak to these clauses? We are on clauses 8 a nd 9. 232 9 December 2022 Official Hansard Report Bermuda House of Assembly Hon. Walter H. Roban: May I now continue, Mr. Chairman?
The ChairmanChairmanYou may proceed. Hon. Walter H. Roban: All right. I am going to deal specifically with clause 10 as we have an amendment to clause 10. May I move . . . proceed with clause 10?
The ChairmanChairmanYou may proceed. Hon. Walter H. Roban: Thank you. [Inaudible interjection] Hon. Walter H. Roban: Amends clause 10. [Inaudible interjection] Hon. Walter H. Roban: I'm sorry. I move to approve clauses 8 and 9. Thank you, [Mr. Chairman].
The ChairmanChairmanIt has been moved that the proposed amendments to clauses 8 and 9 be approved. Is there any objection to that motion?
Mr. Scott PearmanCan I just clarify if we are on new [clause] 8 and new [clause] 9 now? Or are we on [clauses] 8 and 9 as printed? Hon. Walter H. Roban: [Clauses] 8 and 9 as printed.
The ChairmanChairmanOkay, let me take that back. It has been moved that clauses 8 and 9 be approved as printed. Is there any objection to that motion? No objection. [Motion carried: Clauses 8 and 9 passed as printed.] Hon. Walter H. Roban: Thank you, Mr. Chairman. I will now proceed with …
The ChairmanChairmanYou may proceed. AMENDMENT TO CLAUSE 10 Hon. Walter H. Roban: I wish to move an amendment to clause 10, by deleting clause 10 of the Bill and by substituting the following language, of which I will read, Mr. Chairman. “Power to sell or dispose of land “10(1) The Company …
You may proceed.
AMENDMENT TO CLAUSE 10
Hon. Walter H. Roban: I wish to move an amendment to clause 10, by deleting clause 10 of the Bill and by substituting the following language, of which I will read, Mr. Chairman. “Power to sell or dispose of land “10(1) The Company may, with the prior approval of the Legislature— “(a) sell the scheduled land or any other land situated at Morgan’s Point; “(b) grant a lease or create a disposition of an interest in relation to the scheduled land and any other land situated at Morgan’s Point for a term exceeding twenty -one years or for terms renewable at the option of the grantee exceeding in t he aggregate twenty -one years, except that no disposition or conveyance to which this subsection applies shall be expressed to be for a term exceeding one hundred and twenty years or for terms renewable at the option of the transferee or grantee for a peri od exceeding in the aggregate one hundred and twenty years. “(2) The approval of the Legislature referred to in subsection (1) shall be expressed by way of resol ution passed by both Houses of the Legislature appro ving the sale of the scheduled land and com municated to the Governor by message.” Thank you, Mr. Chairman.
The ChairmanChairmanDoes anyone like to speak to clause 10, as amended?
Mr. Scott PearmanThank you, Mr. Chairman. I have already made the point on scheduled land. I won't repeat that, but this amended clause then goes on to say, “[or] any other land situated at Morgan’s Point.” And so obviously any other land situated Morgan’s Point cannot be sold by the company unless …
The ChairmanChairmanPremier, would you like to speak to this? Hon. E. David Burt: Thank you, Mr. Chairman. And I am grateful for the Deputy [Premier] so ably filling in, although I was certainly listening. It should be remembered and recalled, and I know that the Honourable Member, the Honourable and Learned …
Premier, would you like to speak to this?
Hon. E. David Burt: Thank you, Mr. Chairman. And I am grateful for the Deputy [Premier] so ably filling in, although I was certainly listening. It should be remembered and recalled, and I know that the Honourable Member, the Honourable and Learned Member who is speaking to this does know that when it comes to companies and the power to acquire and do matters with land, that those things are regulated under specific laws. Whether it be the Companies Act, whether it be all those other things when it comes to Government, [there] is the Acquis ition of Land Act as well. And given the fact that this is a government -owned company, in effect, that is the reason why those things are there. So, the powers have to be given in the enabling Act to enable it to do those things. And the protections in the previous clauses of which we spoke to give the protections for the Legislature. So, if there is any other land that is situated at Morgan’s Point to make sure that this matter is taken, it gives the abi lity to do so. But you can only acquire as a company what is sold to you that you legally get. We have protections under the Constitution for property. And so, I know that we keep on speaking about this issue. This is to make sure that the land is laid out here, so people know and understand. And the company has the power to make the transactions, of course, with the approval of the Legislature after the
Bermuda House of Assembly approval of the Cabinet, as was stated in the previous clause.
The ChairmanChairmanThank you, Minister. [Wou ld you] like to speak to that? [Inaudible interjection]
Mr. Scott PearmanAre we on the rest of [clause] 10 or only on the amendment at [clause] 10(1)?
Mr. Scott PearmanWe are on all of [clause] 10. In which cas e I have a further question on [clause] 10(3), which is why any proceeds of sale of the scheduled land would go into the sinking— [Inaudible interjection]
Mr. Scott PearmanWe are not there yet? Okay. Hon. E. David Burt: If I may?
The ChairmanChairmanYou m ay proceed. Hon. E. David Burt: Mr. Chairman, just as a note. The amendment, Honourable Learned Member, deletes clause 10 ( that is , the one that is printed) , and substitutes with this. So, there is no [clause] 10(3). So [clause] 10(3) does not exist.
Mr. Scott PearmanSo, [clauses] 10(3), (4) and (5) all disappear? Hon. E. David Burt: Correct.
Mr. Scott PearmanSorry, but for the avoidance of doubt, [clause] 9(3), 9(4) and (5) as printed now. [Clause] 10, (3), (4), and (5) disappear. [Inaudible interjection]
The ChairmanChairmanPlease give clarity, Minister. Hon. E. David Burt: Yes, that is correct. Yes. [Crosstalk] Hon. E. David Burt: So, I understand. I understand where the Member is. I understand. And it is a little bit confusing because there are insertions and renumbering. So, just to help, as the matter that …
Please give clarity, Minister. Hon. E. David Burt: Yes, that is correct. Yes. [Crosstalk]
Hon. E. David Burt: So, I understand. I understand where the Member is. I understand. And it is a little bit confusing because there are insertions and renumbering. So, just to help, as the matter that is printed, as we are going through (because we must renumber the clauses that are there), yes, it is the clause 9, as printed. But it might be helpf ul, if I may at this point in time, because it is here . . . so let me just start, at this time, now that we have inserted a particular clause previously, Mr. Chairman. As we inserted clause 7 of the Bill, and then we did the renumbering, we never actuall y did the r enumbering. So can I ask to, if I may, withdraw the amendment for clause 10 at this time and to move that we renumber the existing clauses 7 through 16 accordingly. So, we have inserted clause 7, and then the existing clause 7, as printed in the Bill, [and] we r enumber them to clauses 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, accordingly. So, there is less confusion. I move that we renumber clauses 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17.
The ChairmanChairmanAll right. Thank you for the clarity, Minis ter. [Crosstalk] Hon. E. David Burt: I understand completely, but it is certainly . . . so just for the assistance of Honourable Members. In the Bill as was printed, we are certainly speaking about the Bill that is printed as clause …
All right. Thank you for the clarity, Minis ter.
[Crosstalk] Hon. E. David Burt: I understand completely, but it is certainly . . . so just for the assistance of Honourable Members. In the Bill as was printed, we are certainly speaking about the Bill that is printed as clause 9. But as we have no w approved the renumbering, it will be clause 10. So, are we good? I know it is a little bit confusing and I sincerely apologise. And I thank the De puty Leader for ably handling this in my stead.
The ChairmanChairmanDo you wish to move clause 10, as amended? Hon. E. David Burt: Can I now . . . move clause 10, as amended, if I may? And that is, of course, the deleting clause 10 of the Bill and substituting the following as printed in the amendment that was …
The ChairmanChairmanHonourable Members and for t he listening public, we are debating, and we are in the Committee of the whole [House] for Morgan’s Point Company Act 2022. It has been moved that the proposed amendments to clause 10 be approved. Is there any objection to that motion? No objection. Agree …
Honourable Members and for t he listening public, we are debating, and we are in the Committee of the whole [House] for Morgan’s Point Company Act 2022. It has been moved that the proposed amendments to clause 10 be approved. Is there any objection to that motion? No objection. Agree d to.
[Motion carried: Amendment to clause 10 passed.]
Hon. E. David Burt: Thank you so much, Mr. Chai rman. I will now move on to the rest of the clauses. And so that would be the clauses, as printed original234 9 December 2022 Official Hansard Report B ermuda House of Assembly ly, clauses 10 through 16, but as we have renumbered them, they will now be [clauses] 11 through 17. And I will read them now, if I may?
The ChairmanChairmanYou may proceed. Hon. E. David Burt: Thank you very much, Mr. Chairman. The [newly numbered] clause 11 requires the Company to prepare a business plan and operating plan and capital budgets before the start of each f inancial year, and also provides the reporting requir ements for the Company. …
You may proceed. Hon. E. David Burt: Thank you very much, Mr. Chairman. The [newly numbered] clause 11 requires the Company to prepare a business plan and operating plan and capital budgets before the start of each f inancial year, and also provides the reporting requir ements for the Company. The [newly numbered] clause 12 gives the Minister responsible for the Company the authority to give direction to the Company if it would be in the pub-lic interest to do so and provides that the Company will be required to follow such direction. (It is certainly important to note that directions that are given by the Minister responsible must require the consultation of the Cabinet and also the consultation of the directors of the Company.) The [newly numbered] clause 13 provides that the Company is not subject to the requirements of the Real Estate Brokers’ Licensing Act 2017 so that the Company's officers do not have to be licensed under that Act. The [newly numbered] clause 14 provides the indemnification of the directors and officers of the Company against any loss suffered through acting honestly and in good faith on behalf of the Company and gives Government the option of making such i ndemnities from the Consolidated Fund. The [newly numbered] clause 15 (as printed, clause 14) requires the Company to regularly prepare annual financial statements for auditing by the Auditor General. The [newly numbered] clause 16 gives the Minister the power to make regulations, subject to the negative resolution procedure, for such transitional, incidental, supplementary or consequential provision as appears to be necessary or expedient. The [newly numbered] clause 17 provides for the Act to come into operation on the day the Minister appoints by notice in the Gazette.
The ChairmanChairmanThank you. [Would] anyone like to speak to clauses 11 through 17? Honourable Member Cole Hadley Simons, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Chairman. [Clause] 14, Indemnification of directors. It is the third line (I will just read), “. . . any amount paid …
Thank you. [Would] anyone like to speak to clauses 11 through 17? Honourable Member Cole Hadley Simons, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Chairman. [Clause] 14, Indemnification of directors. It is the third line (I will just read), “. . . any amount paid to settle an action or satisfy a judgment, that are reasonably incurred by him in respect of any civil, criminal or admini strative action or proceeding to which he is a party by reason of being or having been such a director or officer . . . ” Why do we ha ve “criminal” in this legislatio n? I would have thought, i f it is a criminal ac tivity, t hen why are we providing indemnity for criminal activity?
The ChairmanChairmanIs there anyone else [who would] like to speak to clauses 11 through to 17? There are none, Honourable Minister. For the benefit of the listening public, we are in the Committee of the whole [House] for the Morgan’s P oint Company Act 2022. Hon. E. David Burt: Thank you, …
Is there anyone else [who would] like to speak to clauses 11 through to 17? There are none, Honourable Minister. For the benefit of the listening public, we are in the Committee of the whole [House] for the Morgan’s P oint Company Act 2022. Hon. E. David Burt: Thank you, Mr. Chairman. I think it is important to note that these prov isions are copied, pasted and lifted directly from the Base Lands Development Act as companies [are] modelled after that particular provision. It is not un usual. Law does the same thing. That was done for BLDC in 1986 under the former Government’s . . . sorry, the UBP. And this is just to ensure that the d irectors of the company are indemnified, from that per-spective. So, it is not unusual. I understand it may sound unusual, but it is not unusual.
The ChairmanChairmanThank you. [Would] anyone else like to speak to clauses 11 through to 17? [Pause]
The ChairmanChairmanMinister. Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, I move that the [newly nu mbered] clauses 11 through 17 be approved and stand as part of the Bill.
The ChairmanChairmanIt has been moved that [newly numbered] clauses 11 through to 17, as printed, be approved. Is there any objection to that motion? No objection? No objection. Agreed. [ Motion carried: [Newly numbered] clauses 11 through 17 passed.] Hon. E. David Burt: Okay. Thank you, very much, Mr. Chairman. I …
It has been moved that [newly numbered] clauses 11 through to 17, as printed, be approved. Is there any objection to that motion? No objection? No objection. Agreed. [ Motion carried: [Newly numbered] clauses 11 through 17 passed.] Hon. E. David Burt: Okay. Thank you, very much, Mr. Chairman. I now move the Schedule, and it is only Schedule 1. And Schedule 1, as indicated, does set out the scheduled lands that are referred to in multiple clauses of the Bill.
The ChairmanChairmanWould anyone like to speak to Schedule 1? Bermuda House of Assembly Hon. E. David Burt: Mr. Chairman, I move that the Schedule be approved.
The ChairmanChairmanIt has been moved that Schedule 1 be approved. Is there any objection to that motion? No objection. Approved. [Motion carried: Schedule 1 passed.] Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanWould anyone like to speak t o the preamble? It has been moved that the preamble be a pproved. Is any objection to that motion? No objection. Agreed to. Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, I move that the Bill be reported to the …
The ChairmanChairmanIt has been moved that the Bill be reported to the House. Is there any objection to that motion? No objection. Agreed to. The Bill will be reported to the House as printed . . . as amended. Thank you. [Motion carried: The Morgan’s Point Company Act 2022 was considered …
It has been moved that the Bill be reported to the House. Is there any objection to that motion? No objection. Agreed to. The Bill will be reported to the House as printed . . . as amended. Thank you. [Motion carried: The Morgan’s Point Company Act 2022 was considered by a Committee of the whole House and passed with amendments.]
The ChairmanChairmanMr. [Deputy] Speaker. House resumed at 7:42 pm [Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the Chair] REPORT OF COMMITTEE MORGAN’S POINT COMP ANY ACT 2022
The Deputy SpeakerDeputy SpeakerMembers, the Bill has been reported to the House as amended. Are there any objections to that? There appear to be none. The next order of business is the second reading of the Insurance Amendment Act 2022 in the name of the Finance Minister and Premier, David Burt. Premier, you …
Members, the Bill has been reported to the House as amended. Are there any objections to that? There appear to be none. The next order of business is the second reading of the Insurance Amendment Act 2022 in the name of the Finance Minister and Premier, David Burt. Premier, you have the floor . . . I’m sorry. Mi nister Wayne Furbert will be leading this Bill.
Hon. Wayne L. Furbert: Thank you, Mr. [Deputy] Speaker. Is the insurance one first or the BMA?
The Deputy Sp eaker: Insurance.
Hon. Wayne L. Furbert: Okay. All right. Thank you, Mr. Deputy Speaker. I will be d oing this on behalf of the Minister of Finance and Premier. Mr. Deputy Speaker, I move that the Bill ent itled the Insurance Amendment Act 2022 be now rea d the second time.
The Deputy SpeakerDeputy SpeakerContinue. BILL SECOND READING INSURANCE AMENDMENT ACT 2022 Hon. Wayne L. Furbert: Mr. Deputy Speaker, I am pleased to present the Bill entitled the Insurance Amendment Act 2022, (the Bill) to the House of A ssembl y. The purpose of the Bill is to amend the Insurance Act 1978 (the …
Continue.
BILL
SECOND READING
INSURANCE AMENDMENT ACT 2022
Hon. Wayne L. Furbert: Mr. Deputy Speaker, I am pleased to present the Bill entitled the Insurance Amendment Act 2022, (the Bill) to the House of A ssembl y. The purpose of the Bill is to amend the Insurance Act 1978 (the Act) to primarily provide for the following: • To provide for a new class of innovative i nsurers for the long- term insurance business sector together with the relevant fees. • To further specif y that insurance marketplace providers are within the scope of the functions and powers of the Authority • To further enhance the regulatory framework for innovative insurers and innovative intermediaries. • To streamline the regulatory framework for dual lice nsed insurers. Mr. Deputy Speaker, Bermuda’s financial service sector is subject to the regulation and supervision of the Bermuda Monetary Authority. The Authority was established in 1969 under the Bermuda Monetary A uthority Act 1969. The Insurance Act 197 8 provides the Authority with substantive licensing, supervision and intervention powers to regulate the insurance industry in Bermuda. Mr. Deputy Speaker, the licensing and supervisory process is prescribed by law and supplemented by subsidiary legislation and guidance notes. These detail the [classes] of licence based on the nature of the business and related risks, reporting requir e236 9 December 2022 Official Hansard Report
Bermuda House of Assembly ments, statutory financial statement filings, and vetting of controller shareholders, amongst other aspects. Mr. Deputy Speaker, the Authority is authorised to act as advisor to the Minister of Finance on policy matters related to any financial institution. A ccordingly, the Authority proposes law where it can do so appropriately and consistently with its functions under the Ber muda Monetary Act 1969. It can also respond to an invitation to do so from international standard- setting bodies, as well as other countries. Mr. Deputy Speaker, in furtherance of the aforementioned, the House would be aware that the Authority is a member of the International Association of Insurance Supervisors [IAIS]. [The] president and managing director serve as a member of the IAIS Executive Committee, while other senior mem bers of the Authority serve as Chairs and Vice Chairs of several subcommittees, including, but not limited to the follo wing: • the Macroprudential Committee; • the Insurance Capital Standard and Comparability Task Force; • the Policy Development Committee; • the Implementation Assessment Committee; • the Coordination Group; • the Climate Risk St eering Group; • the Distinguished Fellows Task Force; • the FinTech Forum; and • Operational Resilience Task Force. Mr. Deputy Speaker, by way of background, the House is advised that the IAIS is a voluntary membership organisation of insurance supervisors and regulators from around the globe. Established in 1994, the IAIS is a primary international standardsetting body responsible for developing and assisting in an implementation of supervisory material for insur-ance supervision. Mr. Deputy Speaker, I would li ke to speak now about the innovative framework. Mr. Deputy Speaker, Members will recall that the BMA launched the Insurance Innovative Framework (the Framework) in 2019. The Framework comprises two components: an innovative hub and a regulatory sandbox. Mr. Deputy Speaker, the regulatory sandbox allows innovative insurers and innovative intermediar-ies to be licensed for a limited time period in a con-trolled environment. Successful applicants can be reclassified either as a full insurer or as an insurance intermediary at the end of the relevant time period. That is the sandbox. The innovative hub permits other companies to discuss their ideas with the Authority’s Innovative Working Group. In those cases where a proposal has not been fully developed, at the en d of the discussion process, successful applicants are able to offer their products to the insurance sector or apply for a san dbox licence or a full licence. Mr. Deputy Speaker, key highlights of the amendments are as follows: New Class IILT . Mr. Deputy Speaker, the i ntroduction of a Class IILT is in response to the A uthority’s experience with the regulatory sandbox and innovative hub applicants since inception. Based upon this experience, the Authority proposes to introduce a new innovative class and innov ative insurers with the long-term business sector. Mr. Deputy Speaker, the House is advised that persons who carry on business as general insurers in an innovative manner are permitted to obtain a sandbox licence, Class IGB, and a post sandbox licence, Class IIGB. Presently a company that wishes to carry on long-term insurance business in an innovative manner may obtain an insurance sandbox licence Class ILT. However, Members are advised that there is no post sandbox licence framework for the long- term innov ative sector, which is similar to the Class IIGB sandbox licence for general insurers. Mr. Deputy Speaker, in order to promote consistency of terminology and to further enhance the innovative insurance sector, it is proposed to amend the Act to enact a post sandbox licence Class IILT to permit long- term insurers to continue to carry on bus iness in an innovative manner after the exit of the sandbox. Mr. Deputy Speaker, IILT insurers will be su bject to many of the same supervisory requirements as those insur ers in other classes, as follows: • reporting and statutory financial filings and auditing requirements; • requirement to file a declaration of compl iance; • requirements to appoint and improve actuary to opine on the adequacy of the relevant i nsurers long- term insurance reserves on an annual basis; • requirements to meet head office requir ements in accordance with proportionality upon consideration of the insurer’s nature, scope and complexity of business model; • requirements to meet risk -based capital r equirements ; • requirements to comply with all sanction measures and anti -money laundering and anti-terrorist financing regulations applicable to them. Mr. Deputy Speaker, where it is determined upon application that a company applying to be a Class IILT insurer also p erforms any activities supervised by the Authority under the digital asset business and digital asset insurance frameworks, the company shall also be required to apply for the appropriate dig ital licence registration. In cases of this kind, the A uthority w ill adopt a consolidated supervisory approach to ensure a holistic view of the business risk and to have an effective and efficient application of the r espective regulatory framework. Mr. Deputy Speaker, housekeeping amendments are required to fix the scope of the Authority’s
Bermuda House of Assembly oversight of innovative insurers and innovative intermediaries. This will include, but is not limited to matters relating to revocation or variation of exemptions, exclusion from statutory financial statements and r emoval of the requir ement for Class ILT to appoint an actuary. Mr. Deputy Speaker, Members are advised that the housekeeping changes set up above covering matters related to innovative insurers and innovative intermediaries were the result of the Authority’s oversight of the sandbox framework. Insurance Marketplace Providers. Mr. Deputy Speaker, section 2 of the [principal] Act covers matters related to the Functions of the Authority. Presently, section 2 covers those persons carrying on insurance business “insurance managers, ” “brokers,” “agents” and “salesmen.” It is proposed to expand the scope of this provision to include insurance marketplace providers as housekeeping matters in line with the introduction of this class in 2019. Mr. Deputy Speaker, Members are reminded that an insurance marketplace is defined in the Act to mean “a platform, of any type, established for the purpose of buying, selling or trading contracts of insurance.” An insurance marketplace provider is defined to mean “a person carrying on the business of an insurance marketplace.” To date, the Authority has licensed two insurance marketplace providers. One is operating within the insurance sandbox and the other one is a fully licensed insurance marketplace provider. We are tal king about dual licence insur ers. Mr. Deputy Speaker, section 24 of the [princ ipal] Act requires insurers carrying on long- term bus iness and general business to maintain separate accounts for each line of business. Where the insurer proposes to transfer assets from its long- term bus iness fund to its general business fund, the insurer is required to determine and confirm if it would be able to maintain enhanced capital requirements and minimum solvency margins following the transfer. Mr. Deputy Speaker, similarly, where an i nsurer proposes to transfer assets from its general business to its long- term business fund, they are r equired to determine and confirm that they meet the applicable enhanced capital requirements, its mini-mum margin of solvency and liquidity ratios, with r espect to it s general business following the transfer. Mr. Deputy Speaker, as a part of the Author ity’s ongoing review to ensure that the legislative r equirements are relevant and effective, it is proposed that references to the enhanced capital requirement be removed from the current wording of section 24 as enhanced capital requirement is for commercial insurers and is determined based on the consolidated ec onomic balance sheet, making it impossible to compute an unconsolidated enhanced capital requirement based solely on either the insurer’s general business or long- term business books. Mr. Deputy Speaker, nonetheless, it is pr oposed to amend section 24 of the Act to make it man-datory for the relevant insurer to seek the permission of the Authority and also demonstrate that the relevant requirements cited above have also been met. Mr. Deputy Speaker, this change as proposed will allow the Authority to satisfy itself that policyhol ders will not be exposed to any unexpected solvency, market or liquidity risk, as a resul t of the transfer based on a holistic view of the company's solvency and liquidity positions. Fees for Class IILT . Mr. Deputy Speaker, it is proposed to amend the Act to establish fees for new Class IILT insurer s, based on the total assets as follows: not exceed $150 million (that is the total assets) $25,000 exceed $150 million, but not exceed $350 million $28,000 exceed $350 million, but not exceed $2 billion $31,000 exceed $2 billion, but not exceed $5 billion $61,000 exceed $5 billion, but not excee d $10 billion $65,000 exceed $10 billion $100,000 The Consultation Process. Mr. Deputy Speaker, Members are advised that the consultation process commenced in December 2021 concluding in May 2022. Reference is made to the consultation paper entitled “ Legislative Enhancements to Innovative [Classes , Introduction of Innovative] Long- Term Insurer Class and Enhancement to Section 24 Dual - Licensed Insurers to Maintain Separate Accounts”. The Authority has advised that there were no material objections to the proposals. Here is from the [ consultation paper ], Mr. Deputy Speaker. The Authority “envisions that market developments over the next decade will lead to the convergence of insurance, capital markets, artificial intelligence and distributed legered technology (e.g., blockchain and web3 applications) both with and wit hout the use of digital assets.” The Authority’s ex perience in running both the regulatory sandbox and innovative hub since its intr oduction in 2018 solidifies this view. The current pool of companies under the sandbox and innovative hub have business models that use applied technologies ranging from smart contracts, decentralised finance, blockchain, decentralised ledger technology, artificial intelligence and machine learning systems, as well as the use of oracles and parametric insurance that offers unique solutions to century -old problems in the insurance and financial service industry. Mr. Deputy Speaker, the insurance capacity for digital asset businesses is still currently scarce, both from the PNC and long- term sector. As more j urisdictions introduce a robust regulatory framework for digital asset businesses, similar to the digital asset 238 9 December 2022 Official Hansard Report
Bermuda House of Assembly business and the digital asset insurance framework, as the overall digital asset business sector matures, introducing Class IILT could be a growth area for i nsurance indemnity coverage for the long- term sector as it is envisioned to complement the Class IIGB on the PNC sector. The Authority is in the process of r eviewing the licensing application for crypto life insurer requesting a full IILT licence. But as the licence does not yet exist in the Act, the Authority will place them in the sandbox class in the interim as Class ILT insurer. Mr. Deputy Speaker, I believe there is an amendment, but we will do that under the clauses. Yes. Mr. Deputy Speaker, as per the Authority’s normal sector custom and practise, the House is a dvised that these amendments represent a collabor ative effort between the Authority and various industry stakeholders. I would like to thank all those persons within the Authority, that is, the BMA, the Attorney General’s Chambers, the Ministry of Finance, and the private sector who have assisted with the development of this Bill. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Minister. Are there any further speakers? The Chair recognises the Honourable Member Cole Hadley Simons. Mr. Simons, you have the floor. Hon. N. H. Cole Simons: Thank you. I will pick up where the Minister left off. I would also like to commend the BMA and the Ministry …
Thank you, Minister. Are there any further speakers? The Chair recognises the Honourable Member Cole Hadley Simons. Mr. Simons, you have the floor.
Hon. N. H. Cole Simons: Thank you. I will pick up where the Minister left off. I would also like to commend the BMA and the Ministry of Finance for their work on this piece of legislation. I recognise that we are evolving in a digital asset env ironment , and as a consequence our insurance legisl ation has to be updated accordingly so that we can be competitive and on the cutting edge. I know that traditionally for the property casualty sector, we had classes 4, 3, 2, 3A, 2, 1. An d the digital industry does not fall within the traditional PNC. And, as a consequence, we had to, in essence, form a new class of insurance and provide a new class of licence for intermediaries, marketplaces and actually insurance carriers for the digital industry. In essence, what I am saying is that I bless this legislation. It is cutting edge. And it is the way forward for our market if we are to be competitive. I am satisfied that because of the specialties adequate consultation would have been done because I am certain that the business entrepreneurs or executives who are promoting these amendments know the i ndustry and would have guided our Government team accordingly. So, I am satisfied. As was said by the Minister, this is a new marketplace development. And the next decade will lead to the convergence of insurance, capital markets, artificial intelligence and distributed technology like blockchain. So, I support it. As I said, we are compet itive, and it is the way forward. It helps with the innov ators who come here and entrepreneurs in the digital asset space. I would just only add one caveat, that we continue to do our KYC [know your customer] and AML [anti-money laundering] on the principals of the bus inesses that are arriving at our shore in the digital space. I know it is the law, but I am just emphasising that we need to ensure that we have enhanced due diligence on these players because of what is happe ning in the international markets in the digital space. I do not want us to have our reputatio n scarred by what I see in the global digital industry. So, again, we support this legislation, and we are happy to usher it through. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Opposition Leader Cole Simons. Any further speakers? There appear to be none . Ah . . . there you go. Premier Burt. Hon. E. David Burt: Thank you very much, Mr. Deputy Speaker. Mr. Deputy Speaker, I have been saying a lot of thank -yous today because I …
The Deputy SpeakerDeputy SpeakerYes. Hon. E. D avid Burt: And of course, there are a number of things being worked on, so things got handled. And the Honourable Minister responsible for Transport ably assisted in steering this Bill through. So, I just wanted to make sure that I did have a chance to …
Yes.
Hon. E. D avid Burt: And of course, there are a number of things being worked on, so things got handled. And the Honourable Minister responsible for Transport ably assisted in steering this Bill through. So, I just wanted to make sure that I did have a chance to speak to it.
[Inaudible interjection]
Hon. E. David Burt: I’m getting to you right now, Cole.
[Laughter]
Hon. E. David Burt: I am grateful for the support of the Opposition in this particular matter and the constructive manner in which the Opposition L eader gave his comments. The fact is he is correct, as the Minister said in the brief. The Bermuda Monetary Authority is continuing to work to ensure that they remain on the forefront, responding to the needs of industry to ensure that Bermuda can be that place of innovation. And I am incredibly grateful for the team at the Bermuda Monetary Authority, the way in which they e ngage on these matters. Not to pre- empt the Minister, but just to make sure that the listening public knows and understands
Bermuda House of Assembly that any l aw changes that happen by the BMA always go through a consultation process. So the Bermuda Monetary Authority will put out a consultation paper. They will get information back. They will publish draft items for comments back, and after all of those things is when it comes back to the Government insofar as to go ahead and pass. So certainly, there is consultation that is happening. But I think what is important is that, as the Opposition Leader did say, this is really about the f uture of finance, the conver sions of finance, what we are going to see as various parts come together. So before, you know, there was the Investment Business Act. There was the Insurance Act. There was the I nvestment Funds Act. There was the Digital Asset Business Act. All the items which are under the umbrella of the regulatory purview of the Bermuda Monetary Authority. And in this particular matter, we are continuing to advance the amendment for the Insurance Amendment Act. So, I want to just make sure, clearly, as the Minister of F inance, persons will know that I support this. But I think it is also important to know that the progress that is taking place throughout the digital finance space is something that is happening here. The Honourable Leader of the Opposition spoke about what is taking place in other jurisdictions. Now, it is clearly . . . and this is not digital assets, even though we are dealing with things tangentially to digi-tal assets if we are dealing with innovative long- term insurers. But what is important to recognis e is the Bermuda Monetary Authority is an incredibly well - respected regulator. They maintain that separation and fiercely guard and treasure their independence. And it is what has set Bermuda up for success in our financial services space. So, I would just say, though Bermuda’s industries and licensed companies may have been tangen-tially impacted, what we have seen happen in other places would be highly unlikely if regulators were doing what the Bermuda Monetary Authority does. The standards of which they r equire for licensing in this arena would not have happened. And it is important for us to recognise the jewel of which we have in the BMA, and important for the world to know and to u nderstand that innovation enjoys cross -party support. One of the things that I was asked going when we were on the road with digital asset companies, they talk about political risk. And the political risk that companies that are looking to come to Bermuda say, Well, if you are no longer in charge, or if your Government is no l onger in charge, does the other side support the development? And one of the things that is always great is, though we may argue and fight, when it comes to the development of our international business industry, this Honourable House has always been in full support of that. So, I am grateful, and I just wanted to make sure I add my comments and thank the members of the Bermuda Monetary Authority, the team at the Bermuda Monetary Authority for the stellar work which they are doing. And [I am] grateful that the innovative steps that they have taken in place, the way they work with industry, Bermuda is far above other counties and other countries are continuously copying what Bermuda is doing. They may take our laws, but the one thing they cannot take is the expertise that r esides with the BMA. And that is what sets us apart. Thank you, Mr. Deputy Speaker.
ANNOUNCEMENT BY THE DEPUTY SPEAKER
HOUSE VISITORS
The Deputy SpeakerDeputy SpeakerThese are two of the members from the Bermuda Monetary Authority?
The Deputy SpeakerDeputy SpeakerThank you for your service. Thank you. [Insurance Amendment Act 2022, second reading debate, continuing]
The Deputy SpeakerDeputy SpeakerAny further speakers? There appear to be none. Minister. Hon. Wayne L. Furbert: Mr. Deputy Speaker, again I would like to thank also the Minister of Finance, the Premier, for those comments. And of course, the Honourable Member Cole Simons, the Leader of the Opposition, for those comments. As the …
Any further speakers? There appear to be none. Minister.
Hon. Wayne L. Furbert: Mr. Deputy Speaker, again I would like to thank also the Minister of Finance, the Premier, for those comments. And of course, the Honourable Member Cole Simons, the Leader of the Opposition, for those comments. As the Premier said, we have always worked over the years to pull both parties together in trying to move Bermuda ahead when it came to our business functions and our bus iness authority. Mr. Deputy Speaker, I am going to now move the Bill into Committee.
The Deputy SpeakerDeputy SpeakerYes. Mr. Famous. [Pause] House in Committee at 8:09 pm [Mr. Christopher Famous , Chairman] COMMITTEE ON BILL INSURANCE AMENDMENT ACT 2022
The ChairmanChairmanThank you. Honourable Members and for the listening public, we are now in Committee of 240 9 December 2022 Official Hansard Report Bermuda House of Assembly the whole [House] for the Insurance Amendment Act 2022 . I call upon the Minister in charge to proceed. Minister, you now have the …
Thank you. Honourable Members and for the listening public, we are now in Committee of 240 9 December 2022 Official Hansard Report
Bermuda House of Assembly the whole [House] for the Insurance Amendment Act 2022 . I call upon the Minister in charge to proceed. Minister, you now have the floor.
Hon. Wayne L. Furbert: Thank you, Mr. Chairman. Mr. Chairman, we have 42 clauses here. There is one amendment in [clause] 40, so I am going to move all clauses 1 through 39 for now.
The ChairmanChairmanYes. You may proceed. Hon. Wayne L. Furbert: Clause 1, Mr. Chairman, is the citation. Clause 2 amends the principal Act in section 1, Interpretation. Clause 3 amends [the principal Act in] section 2, the function of the Authority. Clause 4 . . . if you want me to go …
Yes. You may proceed. Hon. Wayne L. Furbert: Clause 1, Mr. Chairman, is the citation. Clause 2 amends the principal Act in section 1, Interpretation. Clause 3 amends [the principal Act in] section 2, the function of the Authority. Clause 4 . . . if you want me to go into more detail, I will do that. [Inaudible interjection]
Hon. Wayne L. Furbert: Clause 4 amends the princ ipal Act in section 4, registration as an insurer. Clause 5 amends section 4EA, determination of class registration for a long- term business. Clause 6 amends section 4ED, which is Class C insurer. Clause 7 amends section 4EE, Class D insurer. Clause 8 amends section 4EF, Class E insurer. Clause 9 inserts section 4EJ, which we mentioned, Class IIJT. Clause 10 amends section 4F, classes of i nsurers and the interpretation. Clause 11 amends section 6, further registr ation requirements. Clause 12 amends s ection 6C, the Authority may exempt insurers, insurance managers and intermediaries from all modified, prudential or technical standards. Clause 13 amends section 6E, the Authority may adjust registration requirements of innovative insurers. Clause 14 amends section 7, paid up share capital. Clause 15 amends section 8, principal office and principal representative. Clause 16 amends section 8C, Class 3A, Class IIGB, collateralised insurer, Class 3B, Class 4, Class C, Class D and Class E insurer to mai ntain head office in Bermuda. Clause 17 amends section 9, insurance managers and intermediaries to be registered. Clause 18 amends section 10, the Authority may register insurance managers and intermediaries. Clause 19 amends section 11, factors to be considered by the Authority. Clause 20 amends section 13(3), registration. Clause 21 amends section 14, fees. Clause 22 amends section 15, statutory financial statements. Clause 23 amends section 17(4)(b), keeping and filing of statutory financial statements. Clause 24 amends section 18A(2)(b), failure to file statutory statements or returns. There is a pen-alty of $1,000 just in case you would not be aware. Clause 25 amends section 18C, requirements to keep records in Bermuda. Clause 26 amends section 24, insurers carr ying on long- term and general business to maintain separate accounts. Clause 27 amends section 26, appointments of approved actuary. Clause 28 amends section 27, actuarial certi ficates of long- term business liability. Claus e 29 amends section 29, insurance br oker, agent, salesman or insurance marketplace pr ovider deemed an agent of insurer in certain cases. Clause 30 amends section 30CA, notification of change of shareholder to controller or office of i nsurance manager, br oker, agent or insurance marketplace provider. Clause 31 amends section 30EA, notification by shareholder controllers of disposal of the shares in public and private companies. Clause 32 amends section 30J, notification by registered persons and design ated insurers of change of controller and officer. Clause 33 amends section 30JE, insurance managers and intermediaries to notify the Authority of certain events. Clause 34 repeals section 30JEA(3), to notify the Authority of cyber -reporting events. Clause 35 amends section 31AA, failure to comply with enhanced capital requirements. Clause 36 amends section 31B, restrictions as to payments of dividends. Clause 37 amends section 31C, restrictions as to reduction of capital. Clause 38 amends section 32(4)(ba), powers of intervention. Clause 39 amends section 32D, power to i mpose civil penalty.
The ChairmanChairmanThank you, Minister. Would anyone like to speak to clauses 1 through to 39? No. [Inaudible interjection]
The ChairmanChairmanSpeak to the Chair , please. Speak to the Chair. [Inaudible interjection and laughter ] Bermuda House of Assembly The Chairman: Well, you are still supposed to speak to the Chair. No cross -contamination. Minister, would you like to move these clauses now? Hon. Wayne L. Furbert: Yes. I move …
The ChairmanChairmanIt has been moved that clauses 1 through 39 as printed be approved. Is there any objection to that motion? No objection. Agreed to. [Motion carried: Clauses 1 through 39 passed.] Hon. Wayne L. Furbert: Yes. Mr. Chairman, I me ntioned that clause 40 is to be amended, but we …
The ChairmanChairmanOkay. It has been moved that the proposed amendment to clause 40 be approved. Is there any objection to that motion? CLAUSE 40 DELETED [subsequent clauses renum bered] Hon. Wayne L. Furbert: We are deleting clause 40.
The ChairmanChairmanSorry. My apologies. [Inaudible interjections]
The ChairmanChairmanMember, please renumber them. Hon. Wayne L. Furbert: Yes. I move that clause 40 be deleted. And so, clause 41 would be changed to clause 40, which amends section 42, cancellation of registration of i nsurance managers, agents, brokers, salesmen, and insurance marketplace providers. [Inaudible interjections ]
The ChairmanChairmanIs that approved that claus e 40 be deleted? [Inaudible interjection]
The ChairmanChairmanThank you. [Motion carried: Clause 40 was deleted and the sub-sequent clauses were renumbered accordingly.] Hon. Wayne L. Furbert: I mentioned that clause 41 will be renumbered clause 40, [and] am end section 42, cancellation of registration of insurance managers, agents, brokers, salesmen and insurance marketplace providers. Clause 42 is …
Thank you. [Motion carried: Clause 40 was deleted and the sub-sequent clauses were renumbered accordingly.] Hon. Wayne L. Furbert: I mentioned that clause 41 will be renumbered clause 40, [and] am end section 42, cancellation of registration of insurance managers, agents, brokers, salesmen and insurance marketplace providers. Clause 42 is renumbered clause 41, provides for consequential amendments to the Insurance A ccounts Regulations 1980 and the Fourth Schedule to the Bermuda Monetary Authority 1969.
The ChairmanChairmanWould anyone like to speak to clauses 41 and 42? [No audible response.]
The ChairmanChairmanMinister, proceed. Hon. Wayne L. Furbert: I believe I have [renumbered] clauses 40 and 41. So I am now moving clauses 40 and 41.
The ChairmanChairmanMinister, please move. Hon. Wayne L. Furbert: I move clauses 40 and 41.
The ChairmanChairmanIt has been moved that clauses 40 and 41 be approved. Is there any objection to that motion? No objection. Agreed to . [Motion carried: Clauses 40 and 41 passed.] Hon. Wayne L. Furbert: I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Is there any objection to that motion? No objection. Agreed to. Hon. Wayne L. Furbert: I move that the Bill be r eported to the House as amended. [Crosstalk ]
The ChairmanChairmanSchedule? Ah! Wait a minute. Hold on. [Crosstalk ] Hon. Wayne L. Furbert: I move Schedules 1, 2 and 3 [sic], Mr. Chairman. The Clerk: No, [Schedules] 1 and 2. Hon. Wayne L. Furbert: Schedules 1 and 2.
The ChairmanChairmanIt has been moved that Schedules 1 and 2 be approved. Is there any objection to this? 242 9 December 2022 Official Hansard Report Bermuda House of Assembly No objection. Agreed to. [Motion carried: Schedules 1 and 2 passed.] Hon. Wayne L. Furbert: Mr. Chairman, I move the preamble.
The ChairmanChairmanIt has been moved that the preamble be approved. Is there any objection to that motion? No objection. Agreed to. Hon. Wayne L. Furbert: I move that the Bill be r eported to the House as amended.
The ChairmanChairmanIt ha s been moved that the Bill be reported to the House as amended. Is there any objection to that motion? No objection. Agreed to. The Bill will be reported to the House as amended. Thank you. [Motion carried: The Insurance Amendment Act 2022 was considered by a Committee …
It ha s been moved that the Bill be reported to the House as amended. Is there any objection to that motion? No objection. Agreed to. The Bill will be reported to the House as amended. Thank you.
[Motion carried: The Insurance Amendment Act 2022 was considered by a Committee of the whole House and passed as amended.]
House resumed at 8:20 pm
[Hon. Derrick Burgess, Deputy Speaker, in the Chair]
REPORT OF COMMITTEE
INSURANCE AMENDMENT ACT 2022
The Deputy SpeakerDeputy SpeakerMembers, any objection to the Bill being reported to the House as amended? There appear to be none. The next order of business is the second reading of the Bermuda Monetary Authority Amendment (No. 3) Act 2022. Minister Furbert, are you doing that? You have the floor. Hon. Wayne L. …
Members, any objection to the Bill being reported to the House as amended? There appear to be none. The next order of business is the second reading of the Bermuda Monetary Authority Amendment (No. 3) Act 2022. Minister Furbert, are you doing that? You have the floor.
Hon. Wayne L. Furbert: Thank you, Mr. Deputy Speaker. I am actually doing this on behalf of the Premier, the Minister of Finance. Mr. Deputy Speaker, I move that the Bill ent itled the Bermuda Monetary Authority Amendment (No. 3) Act 2022 be now read a second time.
The Deputy SpeakerDeputy SpeakerContinue. BILL SECOND READING BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 3) ACT 2022 Hon. Wayne L. Furbert: Mr. Deputy Speaker, the purpose of this Bill entitled the Bermuda Monetary Authority Amendment (No. 3) Act 2022 is to amend the Bermuda Authority Act 1969 to provide for the following: • to enhance …
Continue.
BILL
SECOND READING BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 3) ACT 2022
Hon. Wayne L. Furbert: Mr. Deputy Speaker, the purpose of this Bill entitled the Bermuda Monetary Authority Amendment (No. 3) Act 2022 is to amend the Bermuda Authority Act 1969 to provide for the following: • to enhance and to update the classification of securities that comprise specified securities under the Act; • to update matters related to the external r eserves of the Authority; • to make provisions for annual fees payable by persons registered under the Investment Business Act 2003 as Class A and Class B registered persons; and • to correct fees related to persons who are permitted to carry on the business of mai ntaining the custody of private keys under the Digital Asset Business Act 2018. Mr. Deputy Speaker , section 13 of the Act grants the Authority a power to provide and issue currency notes and coins in Bermuda. Members are advised that for every Bermuda dollar, denominated note and coin the Authority issues the public through banks, the Authority receives the face value of such in US dollars. As a consequence, the Authority recognises a liability in its balance sheet —that is, the value of the notes and coins in circulation. The US dollars received from the i ssuance of currency and coins are then invested and form part of the external reserves which support the notes and coins in circulation liabi lity. Section 19 speaks to the external reserve fund. Mr. Deputy Speaker, section 19 requires the Authority to mai ntain a reserve of external assets which shall be in value not less than the amount equivalent to 50 per cent of total liabilities of the A uthority in relation to the face value of currency notes in circulation. Members are advised that, as a matter of practice, the Authority has been keeping a reserve of external assets above 100 per cent for the past five years. Mr. Deputy Speaker, the external reserves of the Authority may be held in a) gold; b) notes or coin or bank balances in Bermuda; c) balances and money that are called in over-seas banks; d) treasury bills maturing within 184 days issued by a foreign government whose currency is freely convertible; e) specified securities; or f) balances with crown agents pursuant to sec-tion 19 of the Act. Mr. Deputy Speaker , the ex ternal reserve r equirement ensures that the Authority maintains suff icient liquidity in case of significant currency redem pBermuda House of Assembly tion due to various factors such as economic crisis or the Bermuda dollar losing its value. Mr. Deputy Speaker, the Authority, acti ng on the advice of the Bermuda Monetary Authority I nvestment Committee, has requested that types of i nvestment which may be invested in by the Authority should be updated to ensure that the Authority has the flexibility to meet the requirements of the Act in a cha llenging global economic environment. As a part of this exercise, the Authority has further determined that the Act should be updated to mirror the approved secur ities provisions set out under section 4(5) of the Public Funds Act 1954. Mr. Deputy Speaker, key highlights of the amendments are as follows: The Authority intends to establish that it may hold local reserves in addition to external reserves. The purpose of this amendment is to remove any doubt as to whether the Authority may hold local reserves, given that the Authority is currently permitted to hold reserves of notes and coins of bank balances in Bermuda, and any freely convertible currency. The requirement to maintain reserves with crown agents will be repealed. The Authority has not held funds with crown agents for many years, and there is no likel ihood of this occurring in the future. Section 24 of the Act prohibits the Authority from purchasing shares of any company, including the shares of any banking company. It is proposed to r epeal this provision to remove inconsistencies noted within the Act which currently permit the Authority to invest in quoted securities without limitations. Quoted securities are defined to mean securities, including debentures and fully paid shares. Mr. D eputy Speaker, Members are advised that as a practical matter, the Authority’s current i nvestment guidelines preclude the Authority from i nvesting in shares of any company. Mr. Deputy Spea ker, the group or specified securities the Authority may invest in w ould be updated to mirror certain aspects of the Public Funds Act 1954. The list of specified secur ities would be expanded to include, but is not limited to, the following: mutual funds, future contracts, pr ivate placements, and asset -backed securities and/or mortgage- backed securities. Fourth Schedule. Annual fees payable by registered persons under the Investment Act 2003. Mr. Deputy Speaker, the investment business framework was amended earlier this year to provide for a new class of registrations, in addition to licensed persons: Class A and Class B registered persons. Class A reg-istered persons are persons formed or incorporated in Bermuda to carry on investment business and are licensed, registered or authorised in another jurisdi ction by another regulator, but do not maintain a place in Bermuda. Class B are persons, classes of persons spec ified by the Minister of Finance as eligible to be registered based on the service they provide on an exclusive basis with persons of financial means, knowledge of investments, including sophisticated private investors of high net worth and investment funds of fewer than 20 persons where investment services are not provided to the public. Mr. Deputy Speaker, presently all investment providers are r equired to pay annual fees to the Authority based on the type of investment activity which they provide to their respective clients. These fees are listed in the Fourth Schedule of the Act. Mr. Deputy Speaker, during the 2021 consu ltation process, it was acknowledged by the Authority that the fees payable by standard or test licence hol ders were not appropriate for registered persons, given the differing levels of regulatory oversight required in respect of a licence holder and a registered person. Remember we talked about Class A, Class B. During the consultation period, the Authority advised that an annual fee proportionate to regulatory oversight for registered persons will be determined and communicated at a later date. Mr. Deputy Speaker, based on further anal ysis, tha t has now been conducted on this issue. The Authority has determined that an annual fee of $850 is appropriate, given the nature and scale of supervisory oversight warranted for the registered person. Accor dingly, the Authority is proposing to amend the Fo urth Schedule to reflect this annual fee for both classes of registered persons. Fourth Schedule, fees, Digital Asset Business Act 2018. Mr. Deputy Speaker, the Fourth Schedule to the Act would also be amended to clarify fee amend-ments made earlier in 202 2 under the heading Digital Asset Business Act 2018 so as to ensure that all fees previously consulted on by the Authority are correctly referenced. Mr. Deputy Speaker, I wish to again express my sincere thanks to the Bermuda Monetary Author ity, the Minist ry of Finance, technical teams, and the Ministry of Legal Affairs for their assistance in the de-velopment of this Bill. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Minister Furbert. Any further speakers? The Chair recognises the Honourable Member Cole Hedley Simons.
The Deputy SpeakerDeputy SpeakerYou heard what I called you? [Laughter] Hon. N. H. Cole Simons: I am tired of your botching up my name. 244 9 December 2022 Official Hansard Report Bermuda House of Assembly The Deputy Speaker: I know your name. Your grandfather was my great -uncle. Hon. N. H. Cole Simons: …
You heard what I called you? [Laughter] Hon. N. H. Cole Simons: I am tired of your botching up my name.
244 9 December 2022 Official Hansard Report
Bermuda House of Assembly The Deputy Speaker: I know your name. Your grandfather was my great -uncle.
Hon. N. H. Cole Simons: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, first of all, I would like to also thank the BMA for their contributions. We are in support of this legislati on. I just have a general few questions that I would like to explore further. So, I will wait to do the exploration when we are in Committee.
The Deputy SpeakerDeputy SpeakerThank you, Mr. Simons. Any further speakers? Minister. Hon. Wayne L. Furbert: I thank the Opposition Lea der once again, Mr. Deputy Speaker, for his concise [words] and support of this Bill. I move that the Bill be committed, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerMr. Famous. [Pause] House in Committee at 8:31 pm [Mr. Christopher Famous , Chairman] COMMITTEE ON BILL BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 3) ACT 2022
The ChairmanChairmanHonourable Members, and for the listening public, we are now in the Committee of the whole [House] for the Bermuda Monetary Authority Amendment (No. 3) Act 2022 . I now call upon the Minister. Hon. Wayne L. Furbert: Thank you, Mr. Chairman. And with the cooperation of the Leader of …
Honourable Members, and for the listening public, we are now in the Committee of the whole [House] for the Bermuda Monetary Authority Amendment (No. 3) Act 2022 . I now call upon the Minister.
Hon. Wayne L. Furbert: Thank you, Mr. Chairman. And with the cooperation of the Leader of the Opposition, we agreed to move all clauses, so [I move] clauses 1 through 5. I will speak to each one of them.
The ChairmanChairmanYou wish to move these clauses now? Hon. Wayne L. Furbert: Yes. I move clauses 1 through 5. But I will speak to them. Mr. Chairman, clause 1 provides a citation for the Bill. Clause 2 amends section 1 of the Act, Interpretation, Mr. Chairman, in the definition of “specified …
You wish to move these clauses now? Hon. Wayne L. Furbert: Yes. I move clauses 1 through 5. But I will speak to them. Mr. Chairman, clause 1 provides a citation for the Bill. Clause 2 amends section 1 of the Act, Interpretation, Mr. Chairman, in the definition of “specified securities” to update the classification of securities that comprise “specified securities” under the Act. Clause 3 amends section 19 of the Act, which is for external reserves. Mr. Chairman, clause 3 amends section 19 of the Act to update the functions of the Authority with respect to reserves by enabling the Authority to adequately and efficiently maintain appropriate reserves. In this regard, reference shall now be made to both external and local assets as notes, coins and bank balances in Bermuda have always been permissible when defining “an asset” —so to make it clear, everybody thought it was just som ething else. But now Bermuda can [h old] external and also local assets —for the purposes of section 19(1). When valuing such assets, notes and coins in circul ation shall be taken into account to reflect the policy and practice with respect to such matters. In addition, the Authority has determined not to hold the external reserves referred to under section 19(1)(b)(vi) as “ba lances with the Crown Agents,” or Crown Agents will no longer be considered. Mr. Chairman, clause 4 repeals 24(1)(b) of the Act to remove the provision stating that the purchase of shares of any company including the shares of any banking company is a prohibited activity for the A uthority. This is for the purpose of aligning such matters with the proposed revisions to section 19. Mr. Chairman, clause 5 amends the Fourt h Schedule to the Act to clarify fee amendments made earlier in 2022 under the headings “Investment Bus iness Act 2003” and “Digital Asset Business Act 2018” so as to ensure that all fees previously consulted on by the Authority are correctly referenced. In addition, annual fees of $850 have been introduced for persons defined for the purposes of sections 13A and 13B of the Investment Business Act 2003, as Class A and Class B Registered Persons, respectively. Thank you, Mr. Chairman.
The ChairmanChairmanWould an yone like to speak to clauses 1 through 5? Hon. N. H. Cole Simons: Thank you, Mr. Chairman. Mr. Chairman, I am directed to the amendment of section 1 [of the principal Act] —that is, [clause] 2. And it speaks to the securities that are el igible to …
Would an yone like to speak to clauses 1 through 5? Hon. N. H. Cole Simons: Thank you, Mr. Chairman. Mr. Chairman, I am directed to the amendment of section 1 [of the principal Act] —that is, [clause] 2. And it speaks to the securities that are el igible to support the reserves, be they external or i nternal. My first question is, when it comes to the s ecurities, in particular private— listed securities from listed corporations. I see they have a minimum shoulder equity of $50 million, which is fine. But my question is this: Can the Minister provide details on what due diligence is done on the custody agents of the institutions that will hold the securities on behalf of the BMA and to support the reserves externally or internally? That is my first question. I find it interesting (and I agree with it, quite frankly) that most of the external reserves are in liquid securities. So I find it interesting that we would place some of the investments in private placements, or pr ivate equities. And they do not always have a ro bust liquidity programme because some of these private
Bermuda House of Assembly placements are private equities. Your funds are tied up for an extended period of time. So I would like for the Minister to explain why they have included private placements in this, kno wing that they could . . . some private placements, the liquidity is just not as fluid as we would like when compared to other assets held in the external reserve. The other issue, I direct you to [clause] 2(d). It says, “securities issued or guaranteed by any organ ization recognised by the Minister as an international organization for the purposes of this paragraph . . .” What process does the Minister go through to assess the validity or adequacy of the organisation that will make it eligible for investments by the BMA? The second part again, [clause 2(e)], “secur ities issued by a government -sponsored enterprise recognised by the Minister for this purpose . . .” Again, can [the Minister] provide some criteria for the inves tments that fall into this category? Are we considering possibly putting a digital bank under that category? So again, can you provide some clarify in this space? And those are my only questions. Thank you.
The ChairmanChairmanThank you, Honourable Member. Would anyone else like to speak to clauses 1 through 5?
Mr. Scott PearmanAs the Honourable Member said, we are in support of the Bill. I just have a question in relation to clause 4. Clause 4 is seeking to repeal the prohib ition against the BMA investing its reserves in shares of companies including shares of any banking company. And my question …
As the Honourable Member said, we are in support of the Bill. I just have a question in relation to clause 4. Clause 4 is seeking to repeal the prohib ition against the BMA investing its reserves in shares of companies including shares of any banking company. And my question is this: If the BMA is regulating a bank and the BMA is also entitled to invest in that bank, does that not create a conflict of interest, and would it not be wise for the BMA not to invest in ent ities that it is regulating? Thank you.
The ChairmanChairmanThank you, Honourable Member. Would anyone else like to speak to clauses 1 through 5? No one else. Minister. Hon. Wayne L. Furbert: Thank you, Mr. Chairman. First of all, Mr. Chairman, the Honourable Member Cole Simons mentioned about how do we . . . I think the word was …
Thank you, Honourable Member. Would anyone else like to speak to clauses 1 through 5? No one else. Minister. Hon. Wayne L. Furbert: Thank you, Mr. Chairman. First of all, Mr. Chairman, the Honourable Member Cole Simons mentioned about how do we . . . I think the word was “due diligence”? Hon. N. H. Cole Simons: Custodian. Hon. Wayne L. Furbert: Custodian. How do we ensure that what we are putting the money in is correct? I guess that is what you were talking about. [Inaudible interjection]
Mr. Christopher FamousSpeak to the Chair, please. Hon. N. H. Cole Simons: Thank you. I am talking about, which bank or custodian actually holds our investments once they are made? So, you can have a number of lines in a por tfolio which can be a mixture of all of the instruments …
Speak to the Chair, please. Hon. N. H. Cole Simons: Thank you. I am talking about, which bank or custodian actually holds our investments once they are made? So, you can have a number of lines in a por tfolio which can be a mixture of all of the instruments summarised here. And they are held at a custodian either locally or internationally. What due diligence does the BM A do to ensure that the custodian is c apable of providing the level of service that is expected by the BMA under its mandate?
The ChairmanChairmanThank you. Minister. Hon. Wayne L. Furbert: Thank you, Mr. Chairman. First of all, as I mentioned in the actual reading, the BMA has an investment committee. So the investment committee does its own due diligence. It has investment guidelines which preclude the Author ity from investing in any shares …
Thank you. Minister. Hon. Wayne L. Furbert: Thank you, Mr. Chairman. First of all, as I mentioned in the actual reading, the BMA has an investment committee. So the investment committee does its own due diligence. It has investment guidelines which preclude the Author ity from investing in any shares of companies including the shares of banks. Does that answer one of your questions?
[Inaudible interjection] Hon. Wayne L. Furbert: Oh. Okay. Honourable Member [Pearman], does that satisfy the question that you asked? [Inaudible interjection]
Mr. Scott PearmanI am sorry. Could you repeat that, please, Honourable Minister? Thank you. Hon. Wayne L. Furbert: Okay. I understand. I hear what you are saying. So, you had mentioned, you asked the question, and I said the BMA Investment Committee first of all does its own due diligence. It has …
I am sorry. Could you repeat that, please, Honourable Minister? Thank you. Hon. Wayne L. Furbert: Okay. I understand. I hear what you are saying. So, you had mentioned, you asked the question, and I said the BMA Investment Committee first of all does its own due diligence. It has its own inves tment guidelines and precludes the Authority from i nvesting in any shares of companies including the shares of banks. That is, precludes the Authority from any shares of companies or shares of banks. That is the question I think that you asked.
The ChairmanChairmanYes. Please proceed, Member. 246 9 December 2022 Official Hansard Report Bermuda House of Assembly Mr. Scott Pearman: If those are their investment guidelines as they currently exist, why are we amending an Act that prohibits the same thing?
The ChairmanChairmanMinister. Hon. Wayne L. Furbert: I will get that point to you in a few minutes, Member. I believe the other question from the Honourable Member, the Leader of the Opposition, specifies securities being made by the committee, again thor-oughly vested the custodian it uses to hold assets that comprise …
Minister. Hon. Wayne L. Furbert: I will get that point to you in a few minutes, Member. I believe the other question from the Honourable Member, the Leader of the Opposition, specifies securities being made by the committee, again thor-oughly vested the custodian it uses to hold assets that comprise the asset base. So the investment commi ttee plays a very key role in ensuring that due diligence is done. It is done. The Act is only one layer of criteria that d etermines what the Authority may invest in. The BMA’s own investment committee sets their ow n investment. Again, restrictions often move . . . The question by the Honourable Member . . . I just want to get clarification.
The ChairmanChairmanFor the benefit of Honourable Members and the listening public, we are now in Commi ttee of the whole [House] f or the Bermuda Monetary Authority Amendment (No. 3) Act 2022. [Pause]
The ChairmanChairmanMinister, you may proceed. Hon. Wayne L. Furbert: Yes. Honourable Member, the whole aspect of what you had mentioned was that . . . see, the clauses are being amended in the Act. But it also allows the investment committee that if [someone] in the future wants to do it, …
Minister, you may proceed. Hon. Wayne L. Furbert: Yes. Honourable Member, the whole aspect of what you had mentioned was that . . . see, the clauses are being amended in the Act. But it also allows the investment committee that if [someone] in the future wants to do it, they can do it. It goes beyond their r estrictions. So if they want to go into companies or banks, they can . . . they can do that if they want to, based on this committee itself, though. Is that clear?
Mr. Scott PearmanThank you, Mr. Chairman. It does not really address the question about whether that is a conflict of interest if they are regula ting entities they are investing into. [Pause] Hon. Way ne L. Furbert: All right. So, to make it clear as far as the due diligence, as far …
Thank you, Mr. Chairman. It does not really address the question about whether that is a conflict of interest if they are regula ting entities they are investing into.
[Pause]
Hon. Way ne L. Furbert: All right. So, to make it clear as far as the due diligence, as far as conflicts, the i nvestment committee will not be investing in banks that they regulate. Okay? But they may invest in other banks.
Mr. Scott PearmanOther banks, yes. Hon. Wayne L. Furbert: That is right.
Mr. Scott PearmanThank you. The Chairman: Member, you have the floor. Hon. N. H. Cole Simons: Clause 2(d), says, “secur ities issued or guaranteed by any organization recognised by the Minister as an international organization for the purposes of this paragraph . . .” and the same applies to [clause] 2(e). What …
Thank you. The Chairman: Member, you have the floor. Hon. N. H. Cole Simons: Clause 2(d), says, “secur ities issued or guaranteed by any organization recognised by the Minister as an international organization for the purposes of this paragraph . . .” and the same applies to [clause] 2(e). What process does the Mini ster follow to ensure that these securities are appropr iate and safe? Do they go through the investment committee as well, and the investment committee advises the Minister of the adequacy, and that these s ecurities that have been designated by the Minister meet the investment parameters prescribed by the BMA?
Hon. Wayne L. Furbert: Yes. I believe you answered your own question. You are right. The investment committee will advise the Minister.
Hon. N. H. Cole Simons: All right.
The ChairmanChairmanWould anyone else like to speak to clauses 1 through 5? Hon. N. H. Cole Simons: Last one. Can you also speak to the investments in the private placem ents? Because a lot of private plac ements are not that liquid. And as was said during your brief, a lot …
Would anyone else like to speak to clauses 1 through 5?
Hon. N. H. Cole Simons: Last one. Can you also speak to the investments in the private placem ents? Because a lot of private plac ements are not that liquid. And as was said during your brief, a lot of the external reserves were capped in portfolios that were fairly liquid.
The ChairmanChairmanMinister. Hon. Wayne L. Furbert: Mr. Chairman, I would have thought, again, that the investment committee would do its due diligence to ensure that if it is an investment in private placement, that it takes place. So that is the part I will say that the investment committee again will …
Minister.
Hon. Wayne L. Furbert: Mr. Chairman, I would have thought, again, that the investment committee would do its due diligence to ensure that if it is an investment in private placement, that it takes place. So that is the part I will say that the investment committee again will do its due diligence.
The Cha irman: Would anyone else wish to speak to clauses 1 through 5? Minister, I call upon you to move these clauses.
Hon. Wayne L. Furbert: Mr. Chairman, I move clauses 1 through 5.
The ChairmanChairmanIt has been moved that clauses 1 through 5 be approved. Is there any objection to that motion? No objection. Agreed to. [Motion carried: Clauses 1 through 5 passed.] Hon. Wayne L. Furbert: Mr. Chairman, I move that the preamble be approved. Bermuda House of Assembly The Chairman: It has …
It has been moved that clauses 1 through 5 be approved. Is there any objection to that motion? No objection. Agreed to. [Motion carried: Clauses 1 through 5 passed.] Hon. Wayne L. Furbert: Mr. Chairman, I move that the preamble be approved.
Bermuda House of Assembly The Chairman: It has been moved that the preamble be approved. Is ther e any objection to that motion? No objection. Agreed to.
Hon. Wayne L. Furbert: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Is there any obj ection to that motion? No objection. Agreed to. The Bill will be reported to the House as printed. [Motion carried: The Bermuda Monetary Authority Amendment (No. 3) Act 2022 was considered by …
The ChairmanChairmanThank you. [Pause] House resumed at 8:49 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 3) ACT 2022
The SpeakerThe SpeakerGood evening, Members. Are there any objections to the Bill being r eported to the House as printed? There are none. The Bill has been reported as printed. Members, that brings us to a close of the O rders of the Day. So, we will now do the third readings …
Good evening, Members. Are there any objections to the Bill being r eported to the House as printed? There are none. The Bill has been reported as printed. Members, that brings us to a close of the O rders of the Day. So, we will now do the third readings for the matters that were done this afternoon and this evening. And we will start with [Order] No. 4, the third reading for the Bermuda Immigration and Protection Amendment Act 2022.
SUSPENSION OF STANDING ORDER 21 Hon. Jason Hayward: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Bermuda Immigration . . .
The SpeakerThe SpeakerImmigration and Protection Amendment Act 2022. Hon. Jason Hayward: The Immigration . . . sorry, Mr. Speaker.
The SpeakerThe SpeakerNo problem. It has been a long day. Hon. Jason Hayward: The Bermuda Immigration and Protection Amendment Act 2022.
The SpeakerThe SpeakerAre there any objections to that? There are none. Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2022 Hon. Jason Hayward: I move that the Bill be now read for the third time by its title only.
The SpeakerThe SpeakerMembers, the Bill has been read a third time by its title only and is now passed. [Motion carried: The Bermuda Immigration and Pr otection Amendment Act 2022 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. Would you like to do your next one? SUSPENSION OF STANDING ORDER 21 Hon. Jason Hayward: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled Employment (Minimum Hourly Wage Entitlement) Act 2022 be now read a third time …
The SpeakerThe SpeakerAny objections? There are none. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING EMPLOYMENT (MINIMUM HOURLY WAGE ENTITLEMENT) ACT 2022 Hon. Jason Hayward: I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerMembers, the Bill has been read a third time by its title only and is now passed. 248 9 December 2022 Official Hansard Report Bermuda House of Assembly [Motion carried: T he Employment (Minimum Hourly Wage Entitlement) Act 2022 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. The next item this evening would be in the name of the Deputy Premier, the Minister of Home Affairs. SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: Thank you very much, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move …
Thank you, Minister. The next item this evening would be in the name of the Deputy Premier, the Minister of Home Affairs.
SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: Thank you very much, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Develo pment and Planning Amendment Act 2022 be now read a third time by its title only.
The SpeakerThe SpeakerAny objections to that? There are none. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING DEVELOPMENT AND PLANNING AMENDMENT ACT 2022 Hon. Walter H. Roban: I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Development and Planning Amendment Act 2022 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. The next item i s in the name of the Minister of Finance and Premier. Premier, you or the Minister . . . Okay. The Premier will do it, the Insurance Amendment Act 2022. SUSPENSION OF STANDING ORDER 21 Hon. E. David Burt: Thank you very much, …
Thank you, Minister. The next item i s in the name of the Minister of Finance and Premier. Premier, you or the Minister . . . Okay. The Premier will do it, the Insurance Amendment Act 2022.
SUSPENSION OF STANDING ORDER 21
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Insurance Amendment Act 2022 be read a third time by its title only.
The SpeakerThe SpeakerAre there any objections? There are none. Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INSURANCE AMENDMENT ACT 2022 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that the said Bill be now read a third time by its title only and …
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Insurance Amendment Act 2022 was read a third time and passed.]
The SpeakerThe SpeakerWould you like to do the next one? SUSPENSION OF STANDING ORDER 21 Hon. E. David Burt: Mr. Speaker, I move t hat Stan ding Order 21 be suspended to enable me to move that the Bill the Bermuda Monetary Authority Amendment (No. 3) Act 2022 be now read a …
The SpeakerThe SpeakerAre there any objections? There are none. Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 3) ACT 2022 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that the said Bill be now read a third time by …
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Bermuda Monetary Authority Amendment (No. 3) Act 2022 was read a third time and passed.]
The SpeakerThe SpeakerAnd the final one, Mr. Premier. SUSPENSION OF STANDING ORDER 21 Bermuda House of Assembly Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Morgan’s Point Company Act 2022 be …
The SpeakerThe SpeakerAny objections to that? None. Premier. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING MORGAN’S POINT COMPANY ACT 2022 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that the said Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and has now passed. [Motion carried: The Morgan’s Point Company Act 2022 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Members, for participating today. You seem to have had quite a long day and were able to clear all matters off of the Order Paper for the day. Mr. Premier. [Inaudible interjection]
The SpeakerThe SpeakerOh, that is right. Before we go to that, Mr. Premier, the De puty has the opportunity to do what is one his most favourite things in the calendar each year. Deputy. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. It is very difficult, but just bear with me.
The SpeakerThe SpeakerJust remember that is your team you support . SUSPENSION OF STANDING ORDER 21 Hon. Derrick V. Burgess, Sr.: Yes. Once I get up on the motion to adjourn, they will understand. Mr. Speaker, I move that Standing Order 21 will be suspended to enable me to move that a …
Just remember that is your team you support .
SUSPENSION OF STANDING ORDER 21
Hon. Derrick V. Burgess, Sr.: Yes. Once I get up on the motion to adjourn, they will understand. Mr. Speaker, I move that Standing Order 21 will be suspended to enable me to move that a message be sent to the Senate conveying Christmas and New Year’s greetings. [Motion carried: Standing Order 21 suspended.]
MESSAGE TO THE SENATE
CHRISTMAS AND NEW YEAR’S GREETINGS
Hon. Derrick V. Burgess, Sr.: “To the Honourable the President and Members of the Senate: “The Speaker and Members of the House of Assembly desire to extend to the President and Members of the Senate our greetings and best wishes for Christmas and the New Year.”
Mr. Speaker.
The SpeakerYes. SUSPENSION OF STANDING ORDER 21 Hon. Derrick V. Burgess, Sr. : I move that Standing Order 21 be suspended to enable me to move that Christmas greetings and best wishes for the New Year be conveyed to His Honour the Speaker. [Motion carried: Standing Order 21 suspended.]
The SpeakerThe SpeakerThank you. MESSAGE TO THE SPEA KER CHRISTMAS AND NEW YEAR’S GREETINGS Hon. Derrick V. Burgess, Sr.: I move that His Ho nour the Speaker be requested to accept Christmas greetings and best wishes for the New Year from the Members of the House of Assembly.
The SpeakerThe SpeakerThank you, Members and Deputy. [Desk thumping] SUSPENSION OF STANDING ORDER 21 Hon. Derrick V. Burgess, Sr.: Finally, Mr. Speaker, I move that Standing Order 21 be suspended —
The SpeakerThe SpeakerNow, be quiet. This is his favourite one. [Laughter] Hon. Derrick V. Burgess, Sr.: —to enable me to move that Christmas greetings and best wishes for the New Year be conveyed to Her Excellency the Governor, Ms. Rena Lalgie. [Motion carried: Standing Order 21 suspended.]
The SpeakerThe SpeakerYes. Ah. 250 9 December 2022 Official Hansard Report Bermuda House of Assembly MESSAGE TO THE GOVERNOR CHRISTMAS AND NEW YEAR’S GREETINGS Derrick V. Burgess, Sr.: I move that His Honour the Speaker be requested to convey to Her Excellency the Governor, Ms. Rena Lalgie, hearty Christmas greetings and best …
Yes. Ah.
250 9 December 2022 Official Hansard Report
Bermuda House of Assembly MESSAGE TO THE GOVERNOR
CHRISTMAS AND NEW YEAR’S GREETINGS
Derrick V. Burgess, Sr.: I move that His Honour the Speaker be requested to convey to Her Excellency the Governor, Ms. Rena Lalgie, hearty Christmas greetings and best wishes for the New Year from the Speaker and Members of the H ouse of Assembly (the largest house on Langton Hill).
[Laughter]
The SpeakerThe SpeakerMr. Deputy [Speaker], I am sure that just made your Christmas holiday. Hon. Derrick V. Burgess, Sr.: Yes, it d id.
Mr. Premier.
ADJOURNMENT
Hon. E. David BurtpremierThank you, Mr. Speaker. Mr. Speaker, I move now that this Honourable House do now adjourn until Friday, February 3, 2023. And I believe some of my Members want to speak.
The SpeakerThe SpeakerI did not know if the Deputy sat down. He is on his feet already. [Laughter]
The SpeakerThe SpeakerDeputy, did you actually touch your seat or do you want to continue the message you ended on? Hon. Derrick V. Burgess, Sr.: Yes, I really do want to continue the message, Mr. Speaker.
The SpeakerThe SpeakerYes. Let me just reset the clock for you. Hon. Derrick V. Burgess, Sr.: Thank you.
The SpeakerThe SpeakerThere you go, sir. RACISM AND DISCRIMINATION AT THE CORE OF OPERATION S AT LARGEST HOUSE ON LANGTON HILL Hon. Derrick V. Burgess, Sr.: This morning, reading the newspaper on the Internet (because I do not buy it, right?), I was a bit disturbed to see that a com-mand ing …
There you go, sir.
RACISM AND DISCRIMINATION AT THE CORE OF OPERATION S AT LARGEST HOUSE ON LANGTON HILL
Hon. Derrick V. Burgess, Sr.: This morning, reading the newspaper on the Internet (because I do not buy it, right?), I was a bit disturbed to see that a com-mand ing officer, former Commanding Officer of the Bermuda Regiment, put a machine gun on the streets. Some would say it was decommissioned; I do not know. But he put it on the street in a civilian’s hand. Mr. Speaker, what I find disturbing, if that had been Dr. Brown or Zane De Silva, 100 policemen would have been around their house depressing ev erybody. It would have been a spectacle. But this did not happen, Mr. Speak er. Then again, I wonder, I am sure no audit was taken of the armoury at Warwick Camp to see if any other arms had been taken, Mr. Speaker. Why is this different treatment for different people, Mr. Speaker? During COVID -19, Mr. Speaker, a high- ranking pol ice officer was seen breaching the rules of COVID -19. And another police officer saw it and made the necessary report to higher officials, went to the DPP [Director of Public Prosecutions]. The DPP did not think it was in the public’s interest. But another member of the public, same offence, had to go to court, Mr. Speaker. What is happening at the largest house on Langton Hill, Mr. Speaker? These folks are under the chief occupant of that house, Mr. Speaker. You know, they went to Zane De Silva’s house on e night and took the press with them, the police, under the ap-proved authority of the chief occupant of the largest house on Langton Hill, Mr. Speaker. For what? He had not broken any rules, no laws in this country. And then they turn around early in the m orning while Zarah De Silva Harper was getting her children ready for school and arrested her in front of the children, Mr. Speaker!
[Inaudible interjection]
Hon. Derrick V. Burgess, Sr.: Harper, yes. Collie Buddz.
An Hon. Member An Hon. MemberCollie Buddz. Hon. Derrick V. Burgess, Sr.: Yes. Mrs. Collie Buddz, right? And, Mr. Speaker, you know, that is som ething those children will never, ever forget. They did not do it to the police officer. They did not do it to the former Commanding Officer of the Bermuda Reg …
Collie Buddz.
Hon. Derrick V. Burgess, Sr.: Yes. Mrs. Collie Buddz, right? And, Mr. Speaker, you know, that is som ething those children will never, ever forget. They did not do it to the police officer. They did not do it to the former Commanding Officer of the Bermuda Reg iment. Why do you do it to Zane and his daughter when they did not break any rules, Mr. Speaker? Even during the trial when they had him up at Supreme Court, we had high- ranking police officers there every day in attendance. And I was wondering, what was that costing me, Mr. Speaker? They went begging to my Minister Weeks wanting more money for a budget, when they are wasting my money, three up there every day, Mr. Speaker, sitting in that court. A leading lawyer was asked by the press, What did that waste of time cost the taxpayer? The leading [lawyer] said, About a half a mi llion dollars, $500,000, Mr. Speaker. Wasted! They wasted $10 million and still counting on Dr. Brown. Broke into his house. The police, they broke in his office, Mr. Speaker, and cov ered the
Bermuda House of Assembly cameras! You know, Mr. Speaker, I think it was last year or the year before, a policeman was dismissed, terminated off of the police force because he turned off his camera, whatever they call it . . . body camera. Fired him! Why was he fired and t he police go down there at Dr. Brown’s clinic, cover his cameras, and they broke and entered and stole? That is an offence! Personal medical records! Mr. Speaker, when they do stuff like that, it is like we are operating in a Banana Republic. You can go in a doctor’s office and take my files, my personal files, and do what you like with them? That is not even Third World, that is a Banana Republic! That is what you see in a dictatorship. And then they burnt them up.
[Inaudible interjection]
Hon. Derric k V. Burgess, Sr.: They said they burnt them up, but I know they have still got them. They have got copies. They probably burnt one or two, Mr. Speaker. What gives them the right? The chief occ upant of the largest house on Langton Hill has to go by the Constitution Order that we have, just like I do. They have had Dr. Brown out there for years and years and years, spending my money, taxpayers’ money. The Constitution . . . section 6 of the Constit ution is quite clear. You should try somebody in a reasonabl e time. Mr. Speaker, this is not reasonable how they are treating Dr. Brown. It was not reasonable how they treated Zane De Silva, Mr. Speaker. And, you know, Zane De Silva was invited to the GovCam p Courtesy Camp, whatever they call it, of Port Royal, Hospitality Camp. And you know, they uninvited him. Butterfield Bank uninvited him because he saw his name in the paper for a charge. Mr. Speaker, even the Constitution speaks to that you are innocent until proven guilty! Who are they? They crucified him! And he has not even been on . . . the case . . . the charge will probably be thrown out because they are targeting Zane De Silva b ecause of the close relationship with Dr. Brown. Mr. Speaker, those same rascals put fraudulent cheques on file to frame Dr. Brown and a nice boy, Derrick Burgess. Mr. Speaker, you know there was never any inquiry on that. In fact, we went to a Commission of Inquiry. That crowd down there, the lynch mob that I call them, they did not even ask some questions on that. And oh, the other thing is we have had an Attorney General from the Opposition, he had a field day! He compelled public officers to give him evidence which was illegal, Mr. Speaker. And there was no investigation. It was okay because he was going after people in the PLP. It is all right to come after us, Mr. Speaker. But do not go after them, Mr. Speaker. Mr. Speaker, they got a committee together called the Joint Investigation Prosecution Team. Mr. Speaker, guess who is on that team? The Deputy Governor, who reports to t he chief occupant of Langton Hill, the largest house on Langton Hill; the DPP, appointed by the chief occupant; the police commi ssioner, appointed by the chief occupant; and a UK rep from overseas. How can Government House get i nvolved in persecuting and prosecuting a citizen of this country? They are not brought here to do that. They are operating like they can do anything that they like to us, Mr. Speaker. Mr. Speaker, let me tell you. There is, as we both know, Mr. Speaker, the Two Bermudas that cur-rently exist. And that system is being promoted by the chief occupant —I do not care who it is —of the largest house on Langton Hill. They are charging Dr. Brown for raising money for a political party when none of the money was raised in this country. They are t rying to prosecute him for that. And, Mr. Speaker, the other one is with the relationship that he had with Lahey, Mr. Speaker, what they thought about Dr. Brown allowing Lahey to come down, operate in his office and not get paid for it. But see, what makes it worse now, Mr. Speaker, is that we have some doctors in Bermuda now who have got the same type of relationship with other hospitals, and it is okay! And it is okay, Mr. Speaker. They have even got an insurance company down here that bought a medical service. That is not corruption on their part. But had that insurance co mpany been owned by PLP, particularly if it was owned by Dr. Brown or Zane De Silva or Jason Hayward, it would have been corruption—definitely would have been corruption. But it is okay what they do, and we have to get permission. And that can never be okay in my book, Mr. Speaker. Mr. Speaker, when a former DPP was in charge, there were no charges laid against Dr. Brown. He did not touch it. But once he left, they appointed the present D PP. And this is the person who they said . . . the chief occupant of the largest house on Langton Hill says it is untenable to have this person as a DPP. So it looks like, to me, a deal was struck. I’ll make you the DPP if you bring charges on Dr. Brown. And within three days they brought charges against Dr. Brown, a file thicker than this row of desks down here. How could she go through that? It does not even look pretty. Nothing good about it. It all looks suspicious, Mr. Speaker. I tell you, Mr. Speaker , we cannot allow this type of behaviour to go on in this country. And as I read out Christmas greetings to the chief occupant, I am asking that she be recalled to England, recalled back. Send somebody down here who is fair who does not come down here with a plan to have two attitudes, two behaviours for different people. Because what happens, Mr. Speaker? They will have a cocktail party. And they will invite some of us. And they only invite some of us to get information. And then the real cocktail party happens. 252 9 December 2022 Official Hansard Report
Bermuda House of Assembly [Inaudible interjections and laughter ]
Hon. Derrick V. Burgess, Sr.: I do not go to any of them. They do not invite me. And that is when the d ecisions are made. They make appointments. The Governor comes down here. They do not know who is who. But they make appointments. They do not know who is who. They learn it at those cocktail parties, whether it is up there or at somebody’s house. I know they do not come where I am. That is guaranteed, Mr. Speak-er. And you see, Mr. Speaker, what annoys me . . . laws that were illegal in England were endorsed down here by the Governor. Racial discrimination con-tinued from Government House when it was outlawed in England. Mr. Speaker, you recall. You are older than me. Remember the guy . . . he came on British Airways. They used to fly Jamaica, Bermuda, London.
[Inaudible interjections]
Hon. Derrick V. Burgess, Sr.: No, British Airways. BOAC [British Overseas Airways Corporation]. The plane had a problem. So, then they housed the passengers somewhere. They wi ll not let the . . . I think it was the Prime Minister of . . . is it British Guiana or wherever? Anyhow, he was dark. And they would not allow him in a hotel. He had to go back to the airport and sleep at the airport. And when my cousins over in England found out, you know, they put it in their papers and ever ything else. You can get a hotel in the UK, but could not get one in the little British Colony because of his complexion. This is what irks me about these people they sent down here . . . because the y are the ones who promote and continue to promote racism in this country . Very subtle. And I know some people may get mad at me. But forgive me because I am a bit sensitive. And I think I have a right to be sensitive, Mr. Speaker. Ma ybe because I am PLP. Maybe because I do not like injustices. And I do not like injustice, I do not care to who— whether it is to white, black, blue or pink. I do not like it in any way. I will fight, I will go toe -to-toe with you to fight an injustice. So, it does not matter t o me whether they like me or not. It does not matter anymore. There are some . . . I stand on the shoulders of people like Dame Lois Browne- Evans and Freddie Wade and those byes . Mose [Wilfred Allen] and Duran Lightbourne, Dorothy Thompson, Mr. Roberts fr om Somerset, Walter Lister, Reggie Burrows. I stand on shoulders like that. Otti Simmons, Dr. [Barbara] Ball, [Stanley] Morton. Those are the shoulders I stand on. Strong shoulders. Kingsley Tweed, he will be at St. Paul tomorrow night. Those are the shoul ders I stand on. They are strong. And no matter what shoes I have got on, they never hurt their shoulders, Mr. Speaker. So, I will continue to fight when I see injustice. When I see racism, I will speak about it. And racism is at the core of the operation of the largest house on Langton Hill. Merry Christmas!
The SpeakerThe SpeakerThank you, Deputy. Does any other Member . . . no other Member? Okay. MP Richardson, you have your 20 minutes.
The SpeakerThe SpeakerTwenty minutes on the clock and tic king. ROYAL GAZETTE INHERENTLY BIASED AND NEEDS TO BE MORE RESPONSIBLE
Mr. Anthony RichardsonGood evening again. Mr. Speaker, I say this all the time, and it is difficult sometimes to follow my fellow MPs, cert ainly in terms of the level of passion that they bring to their subject matter. But at this time, given that this is the last [sitting] for 2022, …
Good evening again. Mr. Speaker, I say this all the time, and it is difficult sometimes to follow my fellow MPs, cert ainly in terms of the level of passion that they bring to their subject matter. But at this time, given that this is the last [sitting] for 2022, I want to actually bring to ever ybody’s attention a matter that has been brought b efore. And I will say that at the last session that we had a motion to adjourn, I was more than surprised that Minister Burch had a similar subject matter that I had. But based upon his more- than- adequate commentary, I decided that it was not for me to try to expand at that time, but instead today expand. And what I am referring to, Mr. Speaker, is this question of media bias or freedom of speech. Mr. Speaker, I believe that you would, hopefully not hold me in contempt, but you would not be pleased if I in the middle of a session shouted that the House of A ssembly is on fire, knowing that it was not on fire. Notwithstanding, Mr. Speaker, the idea that we believe that there is freedom of speech, there has to be a sense of responsibility. Now, many people right now might be asking, Well, what in the world is Anthony Richardson talking about? Let me try this, Mr. Speaker. As a young person, I used to on a regular basis, if not daily, certainly almost daily read the newspaper, at that time the Royal Gazette, and on the weekends read the B ermuda Sun. And I would say, I guess, that I was young and somewhat impressionable, but I read the paper almost every day. At some point I questioned in my own mind, Was I imagining or was it real that the daily paper never printed anything positive about the Progressive Labour Party? And this was my own conclusion over a period of time. At some point, I put that behind me and just, you know, took it as it was, but always reme mbering to be mindful of what I was interpreting of what I was reading.
Bermuda House of Assembly So, my c omments this evening . . . I guess I want to almost ask, and it may be somewhat fac etious, whether or not the House has the power to write to the Royal Gazette on my behalf to ask for an apology. Now, why would MP Richardson make such a request? Well, thi s is the reason why, Mr. Speaker and colleagues and those in the listening audience. In early October, an allegation was made against me, me Anthony. And persons told me about the allegation, and my response was, What are you talking about? They told me. A nd I went to what I understood to be the source of the allegation. We met. We talked a few times. And I was able to, in my mind, quickly ascertain that there was no factual basis for the all egation. I then wrote a letter to my constituents. I did use Facebook because that was one of the easiest ways to make contact with all of my constituents. And I left it at that. But then, Mr. Speaker, there was an article in the daily paper on October 7 that talked about the a llegation. And if I may, Mr. Speaker, with your permi ssion, read a portion of what the paper published.
Mr. Anthony RichardsonAnd it read thus: 2“On Wednesday, Anthony Richardson, the PLP MP for Hamilton South, said the claims were ‘preposterous.’ “In a Facebook post, he said: ‘I can state fa ctually that I have never seen such an MOU let alone signed one —a sentiment spontaneously confirmed by many of my …
And it read thus: 2“On Wednesday, Anthony Richardson, the PLP MP for Hamilton South, said the claims were ‘preposterous.’ “In a Facebook post, he said: ‘I can state fa ctually that I have never seen such an MOU let alone signed one —a sentiment spontaneously confirmed by many of my fellow MPs. ‘Our accountability as MPs is to you, the voters. Therefore, any proposed MOU that contemplates allegiance to a political leader against the threat of resignation is more than preposterous!’” I am, in no way, shape or form, a journalist. But if I may, Mr. Speaker, I do have some level, self - confessed level of common sense. And I say that because when I went to wh at I understood to be the source, my point was, Tell me what you’re talking about. And then provide some facts or some ev idence. They were unable to do so. And so, Mr. Speaker, what I am getting at here is that it was equa lly easy for the daily paper to do the exact same thing. They chose not to do so. And I guess, Mr. Speaker, if I am honest, at the end of the day it does not matter in this instance. Because I know what the truth is, and I had already written to my constituents. My challenge though, Mr. Speaker, is that by their not following through to the basic conclusion about asking for proof, it leaves in the public mind the potential that the allegation might have been true. Now, Mr. Speaker, let me put it this way. We will now speak to the bigger poi nt. The bigger point is this: In Bermuda, as in everywhere else, there are
2 Royal Gazette , 7 October 2022 many opportunities to communicate to the public and otherwise, whether it be Facebook, whatever you are going to be using, Twitter and all the rest of it. But in Bermuda, there is a segment of the population that use the daily paper as their source of information. And it is important in my mind for them to understand the role that they play in providing information. So ther efore, there needs to be a level of responsibility. And the other implication to me is that occasionally the daily paper posits a question and then refers to it as a poll. Sometimes its language would be, This is not an official poll, but yet, they still publish the results. And it is my belief that this is entirely inappropriate because it in of itself it is misleading. So, Mr. Speaker, if I may, if I were to say that you, Mr. Speaker, for the sake of argument, are short and light -skinned, that is clearly not true. But to continue the allegation without someone sayi ng, Well, Anthony, provide the proof, is a level of irresponsibi lity. So that is my point. The listening audience has to understand that this is my small example. But there is, based upon their reporting, a continuous bias, which is most unfortunate. Now again this is not about me, Anthony. It is really about the idea of the daily paper being more responsible. And now I will move to the more immediate implication of my comments about the bias. And that is that right now we have moved into a space where the Government has taken the step to educate all of us more definitively about the idea of self - determination. The Premier has said that one of the reasons is that we want to remove emotion. And I want to say not necessarily emotion, we want to make a more rat ional discussion so that when it comes up, we can have a sensible discussion as opposed to a completely irrational discussion. I will say, Mr. Speaker, that already even Members in the Chamber have moved to irrational commentary in terms of why it is not appropriate to have the conversation based upon their opinion of, Why now? And my comment, of course, is, Why not now? because we can do more than one thing at a time. The challenge, though, is that the Royal G azette, as I have demonstrated already, is inherently biased in what they do, and they are now going to take certain stories. So, my real point tonight is for the general public to understand this level of inherent bias and to be very mindful, even more mindful now as to what they will read in the dail y paper, especially when the articles are, very often, not based on fact. And as one of my colleagues often says, You are entitled to your opinion; but you are not entitled to your own facts. The facts are the facts. So, we need to, I believe, raise the le vel of discourse to ensure that the facts themselves are reported. Mr. Speaker, what I will do now actually is almost speak in contradiction to what I have been sa ying all this time. And that is because I was completely surprised when I actually looked at the paper last 254 9 December 2022 Official Hansard Report
Bermuda House of Assembly week Saturday, and there was an article by a reporter (I hope I am pronouncing it correctly) Ms. McWhirter in the daily paper. And in my opinion, for the first time in a very, very long time, this reporter on behalf of the daily actually gav e a factual representation of what took place in the House the day before when Madam Attorney General presented the Dr. Corbin report. And to be very honest, that is one of my concerns in deci ding to make these comments today, would be whether or not there would be a decision that says, Hey, what you are doing is too objective and therefore you may not be able to continue on our staff. So, it is a co ncern. It is an absolute concern for me that this may be an outcome. But I took the decision, though, to make these comments anyway because I believe it was important and it did demonstrate what I was trying to demonstrate. And, Mr. Speaker, before I finish, I will say two more things about this self -determination process. And that is that I want in this Chamber to thank both former Premiers Sir John Swan and Mr. Alex Scott. And in talking to them, they are actually both “Sirs,” to be honest, in many respects. And the reason why I say that is because they were both able to clarify some of my understanding about Bermuda’s previous quest at that point in terms of independence. Sir John has said, contrary to my belief, that he did not support independence, notwithstanding the fact that he sponsored the referendum. In the sense that he did it out of (I want to say) an obligation to those who had joined the United Bermuda Party. For me that was an amazing revelation. But he spoke to it, and I will leave it at that. Also, I want to commend former Premier Alex Scott because he was able to clarify for me the real reason w hy the PLP would have boycotted the referendum. And my conclusion from that discussion, even though we often refer to the fact of Bermuda’s position around the independence using that referendum, is that based upon that discussion it was not legitimate in the sense that there was no genuine push for it. Therefore, we cannot say that we genuinely resisted it. So as in my mind’s eye, and I will turn in this direction and turn to look at the ceiling because even while I am doing this, I perceive the body langu age of some of the Members in the Chamber around this very topic. But I want to encourage all of us in this room, I want to encourage all of those in the listening audience and all of us as we interact with our consti tuents, those who voted for us or did not vote for us, let us please do the two things that were spoken about already, one by the Premier in terms of trying to have the conversation without (my word) the rhetoric and the lack of logic. Let’s just have a conversation. And in the words of Madam A ttorney General, ensure that we are able to become more informed. Some may say, Well, I’m not interested so I don’t care. But please, let us be mature enough to want to learn more about this area just as we would like to learn more about anything else that we want to learn about. So, as I conclude, Mr. Speaker, I want to thank you for the opportunity to speak today and in previous days. I will say also that having been elected, we were basically not in the House, in the physical place, for a long period of time. And I have exper ienced what I was told I would experience by colleague MP Scott Simmons, that to be in the Chamber and to speak creates a different level of energy than otherwise being on Zoom or whatever the case may be. So I am very thankful for t hat. And my final comment tonight will be a gen uine Merry Christmas! to you, Mr. Speaker, and your family, to all of my colleagues here in the House, all of the colleagues that we euphemistically call the other place, and to everyone in Bermuda. And my req uest to every single person is, during this season, determine to do something, however big or small, for someone else. And allow yourself to experience the joy of making someone else’s day a little bit brighter. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Richardson. Does any other Member wish to make a contribution?
The SpeakerThe SpeakerWell, it is yours. ROAD SAFETY DURING THE HOLIDAYS
Mr. Dennis Lister IIIMy message tonight will be short and sweet. And I would like to follow in the foot-steps of Cousin Derrick in sending a Christm as me ssage, not just to the chief occupant of Langton Hill, but to all of Bermuda, Mr. Speaker. As we enter into this holiday season, …
My message tonight will be short and sweet. And I would like to follow in the foot-steps of Cousin Derrick in sending a Christm as me ssage, not just to the chief occupant of Langton Hill, but to all of Bermuda, Mr. Speaker. As we enter into this holiday season, we will all be enjoying time with friends, family, socialising, going out to different events, and having fun. But I want all to remember, Mr. Speaker, as you go out to have fun and socialise, spend time with your family. And remember, if you are going to plan to consume alcohol, remember: Plan ahead how you will get home. Mr. Speaker, we do not want to, over this Christmas season, hear any news of any lives lost on our roads. I, as the Chairman of the Road Safety Council, call and ask for motorists and members of the public, when you do go out and plan to consume alcohol, plan how you will get home. Whether that is having a
Bermuda House of Assembly taxi, minibus, designated driver or even if you forgot. You should always have a one friend or relative who does not mind at two o’clock, three o’clock in the morning getting a call to come and pick you up i nstead of a call from the Emergency Services say ing, You have to come to the hospital . So again, my message to the public is to think safe. Be responsible. We do not want you to not enjoy Christmas or the holidays and socialise. But we want you to do it responsibly. Plan how you will get home if you pl an to go out and consume alcohol. And with that, Mr. Speaker, I wish everyone a safe, wonderful Christmas holiday! Enjoy your time with friends and family. Enjoy the New Year. And I will see you all again when we return to this honourable place. And thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Mr. Whip, you have your 20 minutes. JONES VILLAGE COMMITTEES
Mr. Neville S. TyrrellThank you, Mr. Speaker. And I doubt if I will be 20 minutes but thank you for the opportunity. Let me, Mr. Speaker, open with a quote if you do not mind.
Mr. Neville S. TyrrellIt says, “Bad news travels at the speed of light; good news travels like molasses” — Tracy Morgan. Mr. Speaker, I spoke earlier today on obits and congrats. And after gi ving my obits comment, I looked up at the clock and recognised that I only had a minute left …
It says, “Bad news travels at the speed of light; good news travels like molasses” — Tracy Morgan. Mr. Speaker, I spoke earlier today on obits and congrats. And after gi ving my obits comment, I looked up at the clock and recognised that I only had a minute left of my three minutes. And I did have some congrats to give, but I knew it would take me more than a minute. I would not have done it justice in a minute. So I am going to take this opportunity if you do not mind to say something in the vein of congrats, but basically some good news. As I often do, Mr. Speaker, I always preamble my remarks, which will relate to my quote. And let me say that in Bermuda, and I am sure in other places in the world as well, as stated, bad news travels fast. Bad news gets the headlines. But only in Bermuda, as an example, if it rains here, there is a group of us in this House who will be blamed. It just has to rain. That is all it has to d o.
[Laughter]
Mr. Neville S. TyrrellMr. Speaker, there is so much good news that does not get recognised or reported. However, I will deliver some good news tonight. Hop efully it will get reported. I will declare my interest first because what I am about to say involves my constit u-ency, C -26, Warwick South …
Mr. Speaker, there is so much good news that does not get recognised or reported. However, I will deliver some good news tonight. Hop efully it will get reported. I will declare my interest first because what I am about to say involves my constit u-ency, C -26, Warwick South Central. In that area, Mr. Speaker, there is a small area proudly known by the persons who live there as Jones Village, and I am sure a lot of us are familiar with that name. This co mmunity is made up of an eclectic group of families. However, they are all a proud group of working- class people. Also, Mr. Speaker, within my constituency there is a community field which lies between Jones Village and my house address in Rocklands Estate. Somebody knows what it is? I am getting to it, for those who do not know how to get to it.
[Inaudible interjections]
Mr. Neville S. TyrrellOne can go halfway up Khyber Pass, turn left, and you will be—boom —into Jones Village. Or you can go to the top of the hill at Khyber Pass, turn left and you will be at the end, entering that area of Jones Village. Watch the dogs, though. Mr. Speaker, …
One can go halfway up Khyber Pass, turn left, and you will be—boom —into Jones Village. Or you can go to the top of the hill at Khyber Pass, turn left and you will be at the end, entering that area of Jones Village. Watch the dogs, though. Mr. Speaker, my good news surrounds the people of Jones Village and that community field in particular. The people of Jones Village, they hold functions on that field at Easter, which is when they do the Good Friday thing; back -to-school at the end of the summer; and during the Christmas season. And since I have been an MP for the last six years, b ecause it is in my community, my area, I get inv olved. And because they know I am an MP, they try to get me to help in certain areas at certain times. So, prior to these events, I have offered assi stance in connecting them with various government departments in preparing the field, because it is not always done regularly. And they themselves will go down there and mow the lawn. But I try to get them involved with, as I said, departments so that they can probably put it on their schedule. And they also do the clean- up afterwards. And let me say they are very responsible in carrying out . . . despite what people say about people in Jones Village, they are very responsible in carrying out these events. Not once do I know that any police have been called for any action that has taken place that is illegal t here. Now, for some further good news I will say that the Jones Village people, having done these ex-ercises for a while and, with some pushing from m yself, have formed two committees. One of those committees organises those field events, as I said the Easter, the summer and the Christmas ones. And they have very recently formed a committee that manages a youth Gombey troupe, because there are a lot of children in the area whom they want to keep off the street. And so they use the field for their practices very, very regularly. Now, they were hoping to have the Gombey troupe enter into the Bermuda Day Parade this year. And I think because they started a bit too late, they did not feel that the kids were prepared enough. So they 256 9 December 2022 Official Hansard Report B ermuda House of Assembly just continued on practicing evenings on the comm unity field. I could hear them. As I said, I would be in my kitchen washing my dishes, and I would hear them down there. [ Inaudible interjection]
Mr. Neville S. TyrrellYes, I actually do my dishes, yes. And they are down there practicing. And you know, I am washing my dishes and I am into the beat, I can assure you. [ Inaudible interjection]
Mr. Neville S. TyrrellHah! We do, too. But when I was told that they had missed the Bermuda Day, I spoke with . . . you have heard of t he Big Blue Machine? Well, we have a Warwick Green Team. And that team consists of myself and my other colleagues in Warwick, …
Hah! We do, too. But when I was told that they had missed the Bermuda Day, I spoke with . . . you have heard of t he Big Blue Machine? Well, we have a Warwick Green Team. And that team consists of myself and my other colleagues in Warwick, my MP colleagues in Warwick. So that is the Warwick Green Team I am talking about. So we got to talking and invited that Gombey troupe to be the closeout act for our annual Christmas tree lighting event that we have. We had it last week. And let me say, Mr. Speaker, that we are probably very fortunate for the last two years in that the route of the Christmas parade has been coming across the area where we have our tree lighting exercise. So, that brings a crowd. And the fact that we had announced that we were going to have the Gombey troupe it even brought a bigger crowd. So we were blessed with that. And we certainly had a good time there. And I can even tell you, Mr. Speaker, that I watched Lt. Col. Burch. He was tapping! Could not get him out dancing, but at least he was out there tapping. [ Inaudible interjection]
Mr. Neville S. TyrrellI would not say that. So, Mr. Speaker, I am going to give notice to the general public and say that if you do not, sooner than Bermuda Day, see this Gombey troupe, you will certainly see them then, because I will make every effort to push them, make sure …
I would not say that. So, Mr. Speaker, I am going to give notice to the general public and say that if you do not, sooner than Bermuda Day, see this Gombey troupe, you will certainly see them then, because I will make every effort to push them, make sure they do the right thing in getting registered and all that. But, Mr. Speaker, what I would like to do at this time is acknowledge the members of those two committees that I mentioned, which I was, as I said, going to do earlier today. And I did not think, as I said, I would have enough time to do it justice. Because they have actually worked tirelessly in what they do, the first committee doing the organisation of the events and the other committee taking full manage-ment of the Gombey troupe. So I would like to give them justice by mentioning thei r names. The first group, the first committee calls themselves the SMS Jones Village Gombey Committee. And they c onsist of J arazino Cooper, Raisa Showers, Cybio Rattery, Makinday Johans en, Sean Hassell, Galvetta Black, Dwayne Joell, Eugene Smith and Gregory Burgess. The other committee, which I describe as the Jones Village Working Committee, cons ists of, again Jarazino Cooper, Rais a Showers, Ronald Bowen, Robert Bean, Devante Darrell, Jaron Tucker, Eugene Smith and Jonita Simons. So , I would say congratulations again to those persons who do this tireless work, both committees. And I look forward to working with them continuously. Mr. Speaker, having shared that bit of what I will say is good news, I wish to end this by first wis hing all of Bermuda, especially the constituents of C - 26, Warwick South Central (a shameless plug), sea-son’s greetings to us all! And to my colleagues in this House, safe and happy holidays to you and your fam ily. Thank you, Mr. Speaker. The Sp eaker: Thank you, Mr. Whip. Does any other Member wish to make a contribution at this time? MP Famous, 20 minutes is on the clock. PARISH PRIDE
Mr. Christopher FamousMr. Speaker, good night to the people of Bermuda. I am going to take lead from my Whip, my cousin, my mentor and speak quickly about Parish Pride Project. When we were elected, our country was in a state of disrepair. Our roads were overgrown with cane grass, Mexican pepper …
Mr. Speaker, good night to the people of Bermuda. I am going to take lead from my Whip, my cousin, my mentor and speak quickly about Parish Pride Project. When we were elected, our country was in a state of disrepair. Our roads were overgrown with cane grass, Mexican pepper trees and whatever else you can’t even describe. I went to the Colonel, and I said, Colonel, I need to get something cleaned. The Colonel sent me a text, Buy a machete. [ Laughter]
Mr. Christopher FamousI didn’t buy a machete. I bought a weed- whacker because a machete might get me in trouble. But anyway, Mr. Speaker, over the last five years, fellow MPs, Wayne Caines, Vance Campbell, Diallo Rabain, Senator Lindsay Simmons and Deputy [Premier] Walter Roban have joined in Parish Pride, and also, …
I didn’t buy a machete. I bought a weed- whacker because a machete might get me in trouble. But anyway, Mr. Speaker, over the last five years, fellow MPs, Wayne Caines, Vance Campbell, Diallo Rabain, Senator Lindsay Simmons and Deputy [Premier] Walter Roban have joined in Parish Pride, and also, we got a call to come down to St. George’s once. And not just helping to clean up the neighbour-hoods, but more importantly spent time with young men in our neighbourhood, teaching them a trade, teaching them how to work as a team, timekeeping, proper use of tools, safety, so on and so forth. But more important, what they saw is that the men and women of this party are not afraid to get our hands dirty in order to keep our country clean. So, I say that against the backdrop of what happened this week. I cannot take a machete or a
Bermuda House of Assembly weed- whacker and clean up what happened on Ord Road. But there are people in this party —I will start with MP Wayne Caines, who has put in his heart and soul. MP Renee Ming, while she was a Minister, put in her heart and soul. And now Minister Weeks is putting his heart and soul into our young people, stopping it at the root cause. Let me move on, Mr. Speaker. I want to just give Parish Pride, and there is also my Chair, Ms . Cymone Sims and the people of Devonshire, Ms. Sharon Welch who always makes stuff for us for these young people.
LACK OF QUORUM IN HOUSE OF ASSEMBLY
Mr. Christopher FamousMr. Speaker, again, I am going to follow in the vein of the Whip. I am going to say a quote. You know a guy named Richard Nixon? Anybody remember him? I’m not a crook! I’m not a crook! He had a quote, Mr. Speaker. “I gave ‘em a sword. …
Mr. Speaker, again, I am going to follow in the vein of the Whip. I am going to say a quote. You know a guy named Richard Nixon? Anybody remember him? I’m not a crook! I’m not a crook! He had a quote, Mr. Speaker. “I gave ‘em a sword. And they stuck it in, and they twisted it with relish. And I guess if I had been in their position, I’d had done the same thing.” Mr. Speaker, last week they stuck it in us.
[Inaudible interjections ]
Mr. Christopher FamousI did not say where. I did not say where. But it was important because from what I u nderstand, had it been the other way we might have stuck it in them, too. But more important, it was a wake- up call to each one of my colleagues. We …
I did not say where. I did not say where. But it was important because from what I u nderstand, had it been the other way we might have stuck it in them, too. But more important, it was a wake- up call to each one of my colleagues. We have a full House tonight. We had a full House today. This is what our people expect and deserve. Not ever ybody can talk, or will talk, or should even talk because we would be here until twelve o’clock. But we should be here. So I thank the OBA for sticking it to us. It will never happen again; I can guarantee that. Never! Moving on, Mr. Speaker, to a point that the Member from constituency 7 said, the press. There is this gentleman who goes with the initials S. C.—not S. P., but S. C.—who continuously writes incorrect information all t o put a narrative, a spin. So last week he started a narrative about, the Whip was appointed by the Premier. Hmm. The Whip was appointed by the Premier . Maybe he does not know about the PLP, but nobody gets appointed like that. You get elected . You get nom inated. In this Administration we have had four Whips thus far. I use the words “thus far.” There was MP Weeks who was Whip. Then there was MP Lawrence Scott who was Whip. Then there was —
[Inaudible interjection]
Mr. Christopher FamousIn this Administ ration. Work with me, work with me. Then there was MP Scott Simmons who was Whip. Now there is MP Neville Tyrrell. Each one of those was duly nominated, duly voted on and then duly elected. Not appointed! Class, elected, not appointed. Please send a mess age …
In this Administ ration. Work with me, work with me. Then there was MP Scott Simmons who was Whip. Now there is MP Neville Tyrrell. Each one of those was duly nominated, duly voted on and then duly elected. Not appointed! Class, elected, not appointed. Please send a mess age to Mr. Shaun Connolly that the duly elected Whip does not like to be called appointed because of the narrative as if there is some . . . I don’t know what he is trying to point. Mr. Speaker, moving on. Mr. Speaker, have you ever been fishing up in the west?
The SpeakerThe SpeakerNo, no, not Cavello. No, not Cavello Bay. Not Cavello Bay , come around a little further.
Mr. Christopher FamousAs a fisherman off the rocks, sometim es you have got to take the bread, throw it over, let the fries come up, right? The fries come up and then the snappers come up. You do not want to eat the fries. Sometimes you want the fry as bait just …
As a fisherman off the rocks, sometim es you have got to take the bread, throw it over, let the fries come up, right? The fries come up and then the snappers come up. You do not want to eat the fries. Sometimes you want the fry as bait just to get to the snapper. In Back o’ Town, you know, the North Shore, we never had squid . We had bread, right? Stale bread. We used to wait till the General Bakery truck went down. They would throw away the bread that the rich people did not want. We would go take that, and we would set it as our bait. We chum med the water to get the fish. Mr. Speaker, last week I had, I would say, the privilege of listening to uninterrupted conversation by two OBA persons. I say they were uninterrupted b ecause it is important for the OBA to have a voice in the community beyon d just these little op- eds that are sometimes, sometimes fraught with inaccuracies. It is good for the people to actually hear their voices, to hear their passion, because in a vibrant democracy you need an opposition. But then sometimes they make these c laims that are like, What? You really said that? And you are like, Do I point -of-order him on the radio? You say, Nah. Just let him roll. I’ll deal with him on Friday. But hey! They stuck their fork in us and it didn’t happen. Lazarus was sick. Mr. Speaker, one of the points made was that the PLP does not love the people when they are trying to get things done. And I am saying, okay, well, let us go back in history. Did the OBA love anybody when they wanted to do that airport? No. As a matter of fact, they had a Throne Speech . . . or was it the budget? I cannot remember. And it was not even in there. And then the following week they say, Hey! We’re doing this airport. They had an election that they lost, byeelection in February, and the next day they said, Hey! We’re doing Pathways to Status. We already heard about the debacle at Morgan’s Point, but let us move on. 258 9 December 2022 Official Hansard Report
Bermuda House of Assembly Then the next thing was, hey, the MP . . . he called me out specifically. I would like to hear from MP Famous. I would challenge his party pub licly. I am saying, Okay. I’ll let this fly till Friday. Mr. Speaker, as my witness, in your other House, do you recall July 2018 when I stood in your House and I said, We should never, ever be suppor ting George Somers ? Remember that? Do you see any of m y colleagues supporting me then? I do not remember anybody supporting. For three years, 2018, 2019 and 2020, I was probably the lone voice advocating in this party and in this country to get rid of George Somers out of Emancipation Day. It is an abominati on. I remember having arguments with my own colleagues about that. So, to answer your question, yes, I have spoken publicly against my party’s position on things.
The SpeakerThe SpeakerPoint of order. POINT OF ORD ER [Misleading]
Mr. Scott PearmanI am afraid that the Honourable Member yet again today is misleading the House. O nly MP Famous would think that it is a public statement when it is a private PLP meeting at your house, Mr. Speaker. That is not saying any thing in public, MP F amous.
The SpeakerThe SpeakerNo, no, no, no, no. When he said “my House,” he was referring to Parliament. It is “my House,” not my personal house.
The SpeakerThe SpeakerNot my personal house. He was referring to the Parliamentary Chamber.
Mr. Christopher FamousMy, my, my. Let me move on because he has just . . . dug that hole again. Mr. Speaker, he went on to say, elaborating and boasting about the OBA’s Throne Speech Reply, you know, the one that actually looked like a PLP document in green? Then I said, …
My, my, my. Let me move on because he has just . . . dug that hole again. Mr. Speaker, he went on to say, elaborating and boasting about the OBA’s Throne Speech Reply, you know, the one that actually looked like a PLP document in green? Then I said, Hey, of all the OBA guys that were in . . . yes, that one. Could you hold that up as that Exhibit A? Hold it up, please. Hold it up. Exhibit A, hold it up. Not one OBA MP spoke on it! Only the Leader spoke on it for an hour. No one else really —
The SpeakerThe SpeakerPoint of order. POINT OF ORDER
Mr. Jarion RichardsonI really do regret interrupting my honourable colleague because I quite enjoy listening to him. But yes, I made a point of speaking to it and cross -referencing it page by page on a challenge by the Honourable Minister Diallo Rabain.
Mr. Christopher FamousAfter being challenged. But anyway, moving on. [Inaudible interjections]
Mr. Christo pher FamousMoving on! The last point he made that I wish to speak about, he said in 2020 there was absolutely low voter turn- out! Guess what? True. But why? Let us dial it back. The OBA could not even find 36 candidates.
Mr. Scott PearmanPoint -of-order that. I will point -oforder that, Mr. Speaker.
An Hon. Member An Hon. MemberPoint of clarification. POINT OF ORDER
Mr. Scott PearmanNine thousand Bermudians — with your leave? [Inaudible interjections]
Mr. Scott PearmanNine thous and Bermudians did not vote. If you want to be proud of that turn- out, go ahead. Nine thousand Bermudians who voted in [2017] did not show up in 2020. If you want to be proud of that stat, go ahead. You are the Government.
Mr. Christopher FamousThe OBA could not find 36 candidates. They dragged one off the street and put him down in C -1. Some guy called Smokey. Another guy who showed up [came wearing] a wife beater . Let us do the math, Mr. Speaker. Each constituency is about 1,300 voters. If three …
The OBA could not find 36 candidates. They dragged one off the street and put him down in C -1. Some guy called Smokey. Another guy who showed up [came wearing] a wife beater . Let us do the math, Mr. Speaker. Each constituency is about 1,300 voters. If three of them never even had an elec tion, that is 4,000 votes right there. I could go seat by seat. I could guarantee you PLP votes went up! The OBA votes went down. So when you are talking about the 9,000, it is your people who did not come out. Mr. Speaker, Mr. Speaker —
[Inaudible interjections ]
Bermuda House of Assembly The Speaker: Yes. Members.
Mr. Christopher FamousYou can remember the days when seats in Paget were considered the holy grail of the UBP. Mr. Speaker, in C -22, guess what? They got 57 per cent of the votes. That means what? We are almost going to take that seat from you. [Inaudible interjection]
Mr. Christopher FamousDefinitely not. So, Mr. Speaker, as I said, in time we chum up the water. And there is a saying. If a fish did not open his mouth, he would not have gotten caught. SELF -DETERMINATION —THE NEED TO EDUCATE OUR PEOPLE
Mr. Christop her FamousMr. Speaker, let me move on to something that my Honourable Member from constituency 7, who is enjoying being in the House, said. Self-determination. Mr. Speaker, we have Members in this House who are advocating for us to always discuss about same -sex marriage, advocating for us to talk about …
Mr. Speaker, let me move on to something that my Honourable Member from constituency 7, who is enjoying being in the House, said. Self-determination. Mr. Speaker, we have Members in this House who are advocating for us to always discuss about same -sex marriage, advocating for us to talk about population increase. Fine, no problem. As a country we have to be mature and talk about that. But let us talk about self -determination for a minute. Mr. Speaker, the United Kingdom, United States, Spain, France, Holland and Portugal —colonial powers —they did nothing for their colonies. They extracted wealth and enriched their countries and left their colonies wanting. When most of these countries went independent, they had no road infrastructure, they had n o hospitals, or very few hospitals. They had very few schools of education for their people. They did nothing for them. They just took like we are par asites. Mr. Speaker, the United Nations, the place on 43 rd Street, 42nd Street, First Avenue, New York, b ig building, has a charter called [Chapter XI], Article 73. That charter says that these administrative powers have a (what is the word?) fundamental duty to educate the citizens of their territories about self - determination. Now, I could be wrong, but in my 54 years I have never once heard the United Kingdom coming down here and teach us about self - determination. They will teach us about how to disr espect our leaders, how to kill our people. But they never teach us about self -determination. Why is that? Article 73. Mr. Speaker, we cannot rely on those who extracted our wealth and exploited our people. All of us in this room need to educate ourselves first and foremost on various topics including finances. But we have to educate our people about self -determ ination. Because if we go another . . . the PLP has gone 60 years next year. We cannot go another 60 years just, Well, you know, maybe we should talk about . . . no, no. People are going to be afraid to talk about it. Sixty years ago people were afraid to vote! But somebody, some bodies had to stand together and say, We are going to educate our people on how to vote. Mr. Speaker, in closing, this year has been a challenge for many, many people in many different ways. I want to thank you, Mr. Speaker, especi ally. At the beginning of this year you gave me a lesson that I will never forget. And guess what, Mr. Speaker? I am still here. And you are still here. And this is what I will say to all of these newer Members: We have got vet-erans in here who will teach you the way. You are not here just to sit down. You are not here just to collect a pay cheque. You are to educate yourselves and to educate your people. And on that note, Mr. Speaker, Merry Chris tmas. I do not believe in Santa Claus, none of that. Season’ s greetings. Thank you.
The SpeakerThe SpeakerSeasons greetings to you too, MP. Opposition Whip, you have your 20 minutes as well. ASSISTANCE FOR THE DISADVANTAGED
Mr. Jarion RichardsonThank you, Mr. Speaker. I just wanted to rise and give season’s greetings to yourself, Mr. Speaker, to my honourable co lleagues, colleagues in a different place, and most especially to the residents of Paget West. As we draw the year to a close, Mr. Speaker, this is where I …
Thank you, Mr. Speaker. I just wanted to rise and give season’s greetings to yourself, Mr. Speaker, to my honourable co lleagues, colleagues in a different place, and most especially to the residents of Paget West. As we draw the year to a close, Mr. Speaker, this is where I go through my journal for the year and reflect on what happened in 2022, and try to piece it together, try to make sense of everything that ha ppened in my life. And obviously, that exercise is coming up, and I am looking forward to it. It has been an interesting year. Mr. Speaker, I would like to also put a quote into the Hansard. With your permission, I will read?
Mr. Jarion Richardson“What we obtain too cheaply we esteem too lightly; it is dearness only that gives everything its value.” —[S. Neil Fujita.] I read that when I was a student overseas in military school. And it always stuck with me. It basical-ly meant that . . . or rather, I read …
“What we obtain too cheaply we esteem too lightly; it is dearness only that gives everything its value.” —[S. Neil Fujita.] I read that when I was a student overseas in military school. And it always stuck with me. It basical-ly meant that . . . or rather, I read it to mean that we have to earn everything; that everything has a price, that sweat equity determines a thing’s value. This year has been one of those years for a lot of people in Bermuda, Mr. Speaker. I know that if you were to 260 9 December 2022 Official Hansard Report
Bermuda House of Assembly open the paper or to listen to this Honourable House you would believe that there are only two colours in Bermuda—I will say it in my order, red and green. But unfortunately, Bermuda has to live in a world that has more colour than that. There are a lot more colours. There is a lot more nuance to the world than red and green, for and against. I know that we have a job up here to do, Mr. Speaker, and I enthusiastically joined us to undertake this job. But there is a part of me that sometimes looks around and thinks, I have never seen so many people pick a fight about so few things. This country is going to survive the blight of violent crime only based on its unity. This country will only survive the downturn in the economy, but most especially the social damages that are happening to our friends and family, our communities . . . Long gone are the days when we got on our bikes and just rode for forever and all day and just came back whenever the sun went down. Mr. Speaker, as we go into the holiday season, I want us to be especially mindful that there are—
Mr. Jarion RichardsonThank you, Mr. Speaker. It is good to be mindful of those who do not have [much] right now in this holiday season. And it is good to be mindful not only again of everything that has happened this year but for those that do not have [much] this holiday …
Thank you, Mr. Speaker. It is good to be mindful of those who do not have [much] right now in this holiday season. And it is good to be mindful not only again of everything that has happened this year but for those that do not have [much] this holiday season, we should do something especially for them. I know, Mr. Speaker, I have stood up a number of times and debated with the Honour able Minister as it relates to financial assistance and things like that, and I make a point every time of sa ying that my heart goes out to those who are disadvan-taged among us. And this year, we will be doing something for them, and I know that the PLP will obv iously do something as well. Mr. Speaker, I want to close by just saying that for all of our differences, I do enjoy coming up to this Honourable House. I do enjoy working w ith my honourable colleagues. I do hope that we will do something great for Bermuda and that when we come back after spending time with our families, we will be prepared for the New Year ahead of us. With that said, Mr. Speaker, I wish you and my honourabl e colleagues a Merry Christmas and a very Happy New Year.
The SpeakerThe SpeakerThank you, Honourable Member, O pposition Whip. [Does] any other Member wish to make a contribution at this time? MP Swan, are you seeking your 20 minutes?
The SpeakerThe SpeakerGo right ahead. SEEKING SOLUTION -BASED DIALOGUE IN THIS HOUSE IN 2023 TO REPATRIATE BERMUDIANS AND GROW INWARD INVESTMENT
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. Some of the dialogue that has taken place before, when it centred around the number of people that came out to vote and the like, I will not dwell on that, but it prompted my memory back to something that contributed to less people going to …
Thank you, Mr. Speaker. Some of the dialogue that has taken place before, when it centred around the number of people that came out to vote and the like, I will not dwell on that, but it prompted my memory back to something that contributed to less people going to the polls. There [were] far more Bermudians who left Bermuda in 2007. There was a recession. There were many that did not think it was a recession, but it turned out to be a very vicious recession. I remember working in a bipartisan way with Dr. Brown, the then Premier; Mr. Don Kramer; Mr. Phil Butterfield; the Honoura ble Gregory Slayton, the US Consul General, in the formation of BermudaFirst, which we operated very much in a bipartisan way, and brought the business minds to the table, and did so in a collaborative way. Many people left this country. Many people left t his country when violence started to accelerate, Mr. Speaker. Many Bermudians found a new home els ewhere. The pandemic . . . and even before the pandemic, we had a little mini recession float along through back in like 2016, thereabouts, 2017, I do believe. And then, Mr. Speaker, the pandemic, which tore the heart out of our country and the world. Let me say this, Mr. Speaker, one thing we need to focus on is what it is going to take to regain a great deal of economic activity percolating in our country. W hat is it going to [take] to cause more people to be renting houses, buying groceries, contributing to the tax base? It becomes a very difficult subject to broach, and s ometimes you have to broach difficult subjects. But one way we can get more people in this Island to contribute to the tax base, to contribute to the economic circulation of money is to go out and work very diligently to repatriate Bermudians who have found elsewhere to live. That is one way. And the other way is the less popular way, but t he conversation needs to be even greater amongst us all b ecause it is the Government’s position that we need to find greater numbers of people contributing within Bermuda. I just drew about some numbers of what 1,000 additional persons would do, renting, if they average a $2,000 rent. A studio apartment goes for $1,500, so if they contributed to some taxes of some $120 a month, if their food budget was just $30 a day for 365 days, and if they contributed $600 a week in various entertainment on average, that would be $103 million annually in circulation. And those are very conserv ative numbers because if we attract folks who are more economically stable in these positions that would come to the Island, that number would multiply. But I
Bermuda House of Assembly did it on the conservative end. I did a very . . . very, very modest end. That very number of 1,000 [persons] could very well be a quarter of a billion dollars in circ ulation if the pitch was at the right economic base. And if that number of 1,000 [persons] that I floated, whic h is a lower number, was multiplied by five, you would be talking about well in excess of a billion dollars in circulation in our economy. For those persons, like myself, who are now able to show a card that allows [us] to walk on the bus for nothing, that are thinking like seniors, and looking forward to that monthly check but no longer make a pension contribution because of [our] age, [we] no longer participate in that pool of money that is r equired to make sure that Bermuda functions. I came to the Legi slature, Mr. Speaker, doing budgets and stuff when a billion dollars’ worth of expenditures and income was unthinkable. I did not run for the Legislature in 1983, but when I came into the Legislature in 1998, I think our budgets were . . . Budget Books topped maybe around $450 [million] maybe, $500 million dollars in total. And interest on debt surpasses what a whole Ministry was when I first came in. So, we have to look at addressing this situation very . . . As my late advisor, Mr. Herman Basden, a very s enior civil serv ant for many years, my neig hbour, would say: We have to address this very matter - of-factly and very scientifically. And the numbers don’t lie. If you have got more people like me ageing out of the contribution pile, and the numbers keep growing, it takes a few things that are going to make the numbers work for us. And that happens to be one way that I mentioned: repatriating Bermudians and finding the right balance of people in accordance with working with our Minister responsible for that, the Honourable Jason Hayward, to be able to find that magic number. Then there is the other thing, the other way, and that is greater inward economic investment. And having been reacquainted with my trade in a real way, I am getting more and more connected with those types of people that help make Bermuda, to be honest with you. When I grew up as an apprentice in the i ndustry, the people who sent me away to represent Bermuda back in the early 1980s made the deci sions for the entire world. When Mr. Juan Trippe, the owner of Pan Am and the princ ipal of Bermuda properties said, I think I want to have a plane that comes to Bermuda . Whether it be him or one of his senior exec utives, it did not take too much to move that needle and make sure that there was even a flight that left Ber-muda at seven o’clock so that people could get into the office at nine o’clock in New York. Why? Because we had friends in Bermuda who were at the top of the food chain, and that is no mean feat in itself. It is important to know that we are a country that has something special going on in Bermuda that the world loves, but we have got to pitch ourselves in that category and make no apologies about it. Now I am here to tell you, Mr. Speaker, that in my capacity, with my colleagues, that I am trying my darnedest to work with my colleagues to make these types of things happen. I am not going to drop any names, but I know one or two persons who are very interested in coming to Bermuda to look at opportunities, inves tment, and infrastructure development in Bermuda. That is what it is going to take at Morgan’s Point. Not us trying to figure out who is to blame for . . . Well, we probably know who is to blame for where we are with that, but knowing very well that together we can come up with som e decisions very quickly that can encourage economic investment up and down this country that is going to move the needle in a real way. Let us not forget, Mr. Speaker, that the greatest economic activity in this country , notwithstanding the success that Bermuda always talks about. There is little spoken about. And that was the period b etween . . . 2001 and 2007 before the recession came. The greatest economic boom this country ever experienced was a period when I was in Opposition. I was not the Oppositio n Leader then, but I was a Senator. And it was a period presided over by the Progressive Labour Party Government.
An Hon. Member An Hon. MemberSay that again.
Mr. Hubert (Kim) E. SwanThe Progressive Labour Party Government between 2001 and 2007, before the recessio n, presided over the greatest economic boom ever in this country. And the debt that escalated came during the recession when the choice was made to be able to make sure that persons could eat during those times. …
The Progressive Labour Party Government between 2001 and 2007, before the recessio n, presided over the greatest economic boom ever in this country. And the debt that escalated came during the recession when the choice was made to be able to make sure that persons could eat during those times. If you look at four years of deficit spendi ng and a budget that equals about $200,[000] to $250,000, maybe $250 million, four times that is $1 billion. That was a period during a recession. That was during the recession period. And who caused the recession? Who caused the real exodus of busines ses in Bermuda during 2007? The narrative that was put out very successfully was that it was PLP rhetoric. It was business decisions made in boardrooms that allowed people like Madoff and Stanford to run around the world and tear [up a] whole lot of countries. It was decisions like British American that Bermudians had left their money out in their gas tubes and the . . . and the like to have . . . to not have what they thought they would have in life policies or persons who worked for those companies, a company like that. There were other companies. It was companies like XL whose shares went down the tubes. And thankfully Mr. McGavick came and brought some restoration. Those companies like American International that changed its name until it could feel comfort able enough to rebrand and come back in a different way. And it was up and down the world. It was a time when 262 9 December 2022 Official Hansard Report
Bermuda House of Assembly the Bank of Butterfield needed an assurance from the very PLP Government to be able to survive. Remember that? And so those decisions were boardro om decisions. The scrutiny in Bermuda was not the same that had happened in the United States. My friends who were lawyer friends in Mississippi told me, Hey, my job is to go ’round and find out how these guys made these types of decisions with Fannie May a nd put some of our people in some very difficult positions. And to prosecute one or two or three or four of them. I am saying h ello to my good friend, Mr. Lutz, down there in Mississippi who shared that with me. And I am telling you. But that did not happ en in Bermuda. People who made poor decisions were rewarded in Bermuda on the back side, after 2012, to try to recoup whilst the gulf between the haves and the have- nots widened because those . . . And you know what, Mr. Speaker? The working class of this country were the first to admit that there was a recession. The workers of Ber-muda right down in BIU, down in the downstairs, in the theatre, passed a resolution to take a pay cut. I think it was 2008. The workers, the hotel workers. I remember that. I wa s Opposition Leader then when they did that. I was amazed because there was even at that particular time not enough willing-ness to admit that there was a recession, but the workers took a pay . . . they wanted to save their jobs. A couple of years later, a few bartenders were very upset because they were not appreciated in the same way. The point I am making is this: We have to work together to grow our economy because we all — all of us in this House —have vested interests in this country, just like the peop le that we serve. And we need to make the best decisions for them right now. It is dire. It is crunch time. It is dire time. So, as I use my little arithmetic to show you how we can get to a billion dollars —a billion dollars’ worth of economic activity percolating within our society that will assist us whilst we are attracting inward investment that helps us to improve our infrastructure—I think that a solution-based dialogue in this House in 2023 would help this country move forward. And I take the Honour able Member from constituency 7 who took issue with how the press operates because, you know, there was a time when I came in the Legislature [when] you had, you know . . . The press used to cover the proceedings of the House and give quite a bit of articulation. And I must say, in my day when I came in, you had some great orators like Senator Calvin Smith who could listen to what you say and know how to get a headline from you. And you learned things like that. So let us go forward in this season, Mr. Speaker, appreciating the reason for the season. And that is Jesus. People say, you know, you say Season’s Greetings. I make no apologies for the fact that I believe in Jesus Christ and celebrate. I respect everybody that worships in a different way in this s eason as well. I just hope that people of Saint George’s, that everybody from the West End comes down and sees the Christmas Wonderland, the Bermy Christmas Wonderland which will certainly put you in a great mood for Christmas. And then, you know, take a little time, spend a little money in the town, and walk down the town square and see how pretty it is lit up. And then look at across the street at HSBC where the Cup will be housed in August, from August on of 2023 when we win the Cup Match back. Mr. Speaker, but more importantly, let us look to 2023 with a new vision for all of us looking at how we can make Bermuda great again. And, you know, people make light of, How are we going to make Bermuda great again? We are going to make Bermuda great by collaborative efforts, not trying to tear down the efforts of our Government as we are trying to do things because we have some great initiatives on the way. And it is so easy to look at them and find ways to tear them apart. But it will take a little bit of courage to come with some good solutions of one’s own as we go toward 2023. I am looking for a prosperous new year for our country. I am looking for repatriation of many of our Bermudians. Once again, and I am looking to work with the Minister responsible for labour in the efforts of prosecuting and doing what I can to help the initiatives that will help us grow our economy. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you Honourable Member. Does any other Honourable Member wish to make a contribution? Deputy Premier, you have your 20 minutes. Hon. Walter H. Roban: Thank you, Mr. Speaker. I had a little spill earlier, perhaps it is a sign of—
The SpeakerThe SpeakerI trust you are okay. Hon. Walter H. Roban: —tiredness and a long, very exhausting session inside and outside the House. But one will move on. I am looking forward to the holiday season like so many others.
The SpeakerThe SpeakerYes. BERMUDA’S DEVELOPMENT AS A COUNTRY Hon. Walter H. Roban: I am happy to speak, Mr. Speaker, on this last motion to adjourn for 2022. Part of what I am finding quite encouraging about moving into the end of the year is that 2023, I believe, will be a year …
Yes.
BERMUDA’S DEVELOPMENT AS A COUNTRY
Hon. Walter H. Roban: I am happy to speak, Mr. Speaker, on this last motion to adjourn for 2022. Part of what I am finding quite encouraging about moving into the end of the year is that 2023, I believe, will be a year of promise for many. The legacy of our exper ience with the pandemic will be further behind us. Let
Bermuda House of Assembly us hope that many can have a safe holiday period, perhaps the first where they will be able to be with family, be with friends, fellowship, break bread, drink wine, and have experiences that have been so much a part of Bermuda tradition in past years, the sort of Christmas of 2020 and Christmas of 2021 were denied of so many and for very justified reason because we have all been through the experience of what ha ppened when some people were more exuberant with getting together during those times and the repercussions it had for families . So, I am not suggesting that we should not do that. We should. But with the memory of the past and remembering those who perhaps are not with us as well. But I look forward to the holiday season like everyone in this House. And perhaps some of us will see each other more socially and be able to enjoy each other’s company in the way that the season should deliver. But 2023, as I said earlier, I see as a year of promise for our country and for our community. But it will be for all of us to make it that way . It should not just figure it is going to be delivered on a platter with no work, with no determination, no will. But I would like to speak about something else very much, which I am very keen about 2023. And perhaps to some degree I am auditioning for a job that I will have some years in the future when I am not in this House. But it is going to be a little bit of hi story. There is a period in Bermuda’s history, Mr. Speaker, that I think we can look back at as a very important period of development for our country. That period will be probably between 1956 and 1965. Star ting with the unfortunate passing of Dr. E. F. Gordon, which was in 1956, then with the Theatre Boycott of 1959, and even going further to the BELCO strike of 1965? . . . brother from constituency 5, Honourable Member?
An Hon. Member An Hon. Member[It was] 1965. Hon. Walter H. Roban: Yes. 1965. That period was a pivotal period for Bermuda, and those events —and certainly I encourage those who may be curious and interested to attend the event this week end where Dr. Kingsley Tweed will speak, perhaps, you know, he has rarely …
[It was] 1965.
Hon. Walter H. Roban: Yes. 1965. That period was a pivotal period for Bermuda, and those events —and certainly I encourage those who may be curious and interested to attend the event this week end where Dr. Kingsley Tweed will speak, perhaps, you know, he has rarely spoken in this country, and will —
[Inaudible interjection]
Hon. Walter H. Roban: We don’t want another fall, Cole, be careful. Perhaps they will learn something about that period because most of us in this Chamber . . . I do not think anybody perhaps would have been born during that time. So, it is a time of interesting experience for our country and perhaps was very much a sort of a pivotal crossroad for us, leaving the old world and moving into a new period where there would be some unrest, dramatic change politically, and others. But there is something else that happened during that time. And that was in 1963, a group of people who perhaps were very influenced by the movement that Dr. Gordon and others had inspired to galvanise workers, to realise their strength and seek to address equality and justice and unfairness in our country historical, as the Honourable Member for constituency 5 spoke about earlier. And to come together as the BWA [Bermuda Worker’s Association] had done to try and galvanise people, the working people of this country, to realise their power and potential. And some of those people eventually would come t ogether and have numerous discussions and form what would then become the Progressive Labour Party. Every February every year, the party cel ebrates that movement and the process those persons went through to form this organisation, which at that time was considered extremely radical, even subversive to some, and scary to many because they had come together to try and bring change in the country. A country that had been certainly out of the exper ience of even the Theatre Boycott and the committee for Universal Adult Suffrage who sought to effect change in the fr anchise and others. This was a period when a lot of things were happening that perhaps were scary to some, but the Progressive Labour Party and those who would form it, a group commonly known as a “Garage Gang” but also mostly identified as men, but there were many women, as well, in the background as a part of that process. And we are not going to forget the instr umental role that so many of our Bermudian women have played in moving our country forward. Certainly, February of that year, the PLP was formed. And then they had to galvanise themselves to be ready for an election in May of that year. And a number of people—perhaps under great pressure and fear, but who had courage and certainly determination—made themselves available to be candidates. And I wil l just mention the six who were the original group that came into the Assembly —Members of the “Colonial Parliament,” as it was referred to then: A rnold Francis, Walter Robinson, Lois M. Browne, Russell Dismont, Dorothy Thompson, Cecil Clarke. That is six. In some ways, [they] shattered a certain convention, destroyed a certain conception of how Bermuda should be run. They were elected in a House of Members who had controlled the country, by and large, uninter-rupted for centuries. And this small group of si x had the potential to disrupt the path of governance of the country. And 60 years ago, coming up to 60 years, this is what happened. And that journey for the past 60 years has been an interesting one. But at the same time, Mr. Speaker, what happened in th at period, that 10- year period, and yes, the PLP’s founding is within it, but it was a period of signi f264 9 December 2022 Official Hansard Report
Bermuda House of Assembly icant change for Bermuda. Because by the time we went from 1956 to 1965, you know, we were a country on the cusp of becoming very different from what we had started that period as. We were entering a period where a democracy was finally being embraced, where issues around racial discrimination and others, equity of education [and] equity of opportunity were finally becoming discussed, galvanising working p eople together to realise their rights and fairness in the workplace, and the community was finally beginning to be a part of the discussion of the country, pushed by our unions, pushed by advocates for labour, pushed by many people, not just Black, but people who were not a part of the establishment. Not all of them were just all Black. Obviously, the predominant group were Black, but there were others who stood up and suffered and struggled. But certainly, that group came together and were able to field a number of candidates and event ually six came to the assembly in 1963. That was a monumental change for Bermuda, and [this group] would struggle successively in future elections to put forth 18 [candidates] who could ultimately bring about many of the remarkable reforms that the country would experience over successive years, many of which we now take for granted, frankly. We take for granted some of the benefits that we are afforded in the workplace. We take for granted the fact that free education is avai lable. We take for granted that by and large people can get health care when they need it, that at that time perhaps, you know, children who needed homes and who were orphans or who had lost their families did not have a support system like they have now. There are so many things that we take for granted now that did not exist then. But the advocacy of working people to the governments of those days helped to push those things to be a part of it. Many of them, these things were key planks in the PLP platfor ms. But I know that it was not just the Progressive Labour Party that was pushing for these things. Many other people were working for them. But the PLP certainly has been the continuous political catalyst to bring about change in this country, uninterrupt ed. And so, I look forward to 2023, so that all of us in this room who represent the PLP and those who are our friends and maybe those who are not our friends, can hear our story of 60 years. And I am not just talking about the story of success or glorific ation, Mr. Speaker. I am talking about the good, the bad and the ugly, like the split of 1965, like the split of 1984/85. Those tumultuous per iods that the PLP has had to struggle through to stay together, often leaving behind some hurt people, but still s taying together. The issues that we have confronted even in recent decades as an organisation, to stay together, to stay focused on the agenda, this must also be in the discussion too, so people can hear the story. So, I look forward to celebrating the PLP and all that it has represented in the past, all that it has successfully accomplished and all it has struggled to deal with. And you, Honourable Speaker, and people like Honourable Derrick Burgess, are a part of that history. I look forward to hearing fr om people like Mr. Walter Roberts, who has actually been in politics as long as the PLP has been around. He was not always a PLP member. He came in 1968 and joined the PLP and never left. But he can be a part of those people who will tell the story and we should hear from people like Mr. Walter Roberts, and Mr. Saltus, who is one of the last people who ran in 1968 as a candidate, and others who might be available to tell the story, because it is no t just about the Members of Parliament. There are thousands of people and families who contributed as the unsung heroes to this party’s existence and development and its success. And I look forward to hearing those stories throughout 2023, in that 60 th year, a tribute to a lot of hard work and labour by a lot of different people. Not all were elected, but they have shaped, not only the PLP, but shaped Bermuda. And there is one thing I will touch on before I sit down. But I look forward to that journey next year when we can celebrate this organisation that we all who sit on this side are proudly serving and the communities that we serve and talk to them about the st ory of the PLP. But there is one thing that I have also learned, and this speaks to the work that we do in this House. This is through history because I ha ve spent much of my life being a student of history and not so much to relish in the history, because history teaches us lessons, Mr. Speaker, lessons that we can learn about how we shape the future. And if anything, I have delved into my studies of histor y academically and just as a passion, so that I can help to better shape the future with others as we struggle to build a better country, and work, knowing and understanding the trials and tribulations and lessons of the past, because it helps us to move f orward. It also helps us to know that we must also build bridges with those who may have even been our adversaries of the past, if we are going to have a successful Bermuda. Because the lessons of the past, and we know what they are, means that we often must do work to make the future better. But another thing I have learned is that whe never Bermudians have been at the forefront of making decisions about this country, Bermuda has moved forward. And the more power, and I say power from the standpoint of the responsible use of authority, whether it be for the people or for those who govern that is put in the hands of Bermudians, Bermuda has improved. Bermuda’s success that we have had has been shaped by Bermudians, not by, as some people have referred to, some of those who have been the possessors of territories over the past 400 years around the world. It is not the British who have made Bermuda what it is. It is Bermudians. And irrespective
Bermuda House of Assembly of what side they sat on, it is when Bermuda was in the hands of Berm udians and the destiny of this country has been in the hands of its people, she has moved forward. And I hope that is another lesson over 2023 that we can learn as we go into discussions about these issues. But I look forward to talking about the PLP and t he journey that the PLP has had for the past 60 years in 2023. It is going to be a great story to tell and a great story to hear. Thank you very much,
Mr. Speaker.
The SpeakerThank you, Deputy [Premier]. Does any other Member wish to . . . Mr. Si mmons.
The SpeakerThe SpeakerMP Simmons, you have your 20 minutes. THE NEED TO LISTEN AND CONNECT TO OUR COMMUNITIES
Mr. Scott SimmonsThank you, Mr. Speaker. I will begin where the Honourable Deputy [Premier ] left off. Mr. Speaker, this is the last session before we move into the holiday and then into the new year. And, Mr. Speaker, I am reminded that during this time we think of the things that …
Thank you, Mr. Speaker. I will begin where the Honourable Deputy [Premier ] left off. Mr. Speaker, this is the last session before we move into the holiday and then into the new year. And, Mr. Speaker, I am reminded that during this time we think of the things that we would like to do differently from the year that is taking place now and in the year to come. I would like to thank the Deputy [Premier] for reminding all of us, reminding the public of the contribution made by the Bermuda Progressive Labour Party, and of the way that going forward we were able to register, [were] ab le to have the success that we have, that we had, it was as a result of a connection with the people. Mr. Speaker, this year has taught us many things and the lessons that it has taught us, I will draw one and that is that we must going forward, bring our people with us. Mr. Speaker, we have achieved much since 2017. Regrettably, I cannot speak with too much [authority] other than having been on the sidelines. I was not in Parliament, but I can certainly speak from 2017, and I believe that the Bermuda Progr essive Labour Party that I am a part of has had enormous success in achieving the things that our people asked us to do, and the things that we wanted to do. Mr. Speaker, it is important that as we look back in history and in the past, that we embrace an understanding that we cannot proceed unless we, at the very minimum, reflect what our people want us to do. I believe that those in this Parliament absolutely on a day -to-day basis, demonstrate in this House that they are committed to the betterment of Berm uda. But Mr. Speaker, as we take confidence as a Bermuda Progressive Labour Party in the things that we are doing, there is a growing number in our community that are not as willing to assign themselves to us as a government as quickly as we would to ourselves. So, Mr. Speaker, if we are doing the things for the people, if we are addressing their issues, then what we hear in our community has to give us some concern. Mr. Speaker, I say all the time that I listen to my colleagues. I listen to Ministers in this House. I listen to the Government, my Government, and there are times when I say that I don't understand where all of the concern is. But when I get out in the community. I hear the disquiet and the concern. Mr. Speaker, if I had only one wish going int o the new year, I would recommend to my Government, to my colleagues that we spend more time listening. There is no harm in it. There is nothing sinister in recommending to all of us that we listen to the people of Bermuda more. You do not need me to stand on the floor of this House tonight and highlight what they are. We know what they are. But we need to connect with our community more because we are the party, as the Honourable Deputy [Premier] highlighted, that unde rstood the concerns of our community, that heard them, that joined them and moved forward together with their interests in mind. Mr. Speaker, it worried me this week and the week before that when we had in our community, segments of our community —in my humble opinion, that were less respected than other disciplines in this country, more academic disciplines, like our farmers, like our fishermen, like so many in our community, who are the backbone in our hospital ity industry, who are our backbone of our communities, our very communities —feeling as though they were not understood. Mr. Speaker, it worried me that my Gover nment made it clear that (as it relates to some of them) that the discussions were not over, and I take conf idence in that, and I am looking forward to that. But, Mr. Speaker, I am also concerned when I believe that there are disciplines in this country, like our farmers, like our fishermen, who toil day in and day out and who we have been connected to and who make up our absolute base––[I am concerned when they] are concerned. I believe that our Government is clear on the fact that we do not know everything. We, at least, have demonstrated that we are prepared to seek and accept the counsel of those overseas, and of those in Bermuda [who] to a degree have the scientific bac kground t o back up the things that we do and create the basis for what we do as a government. Mr. Speaker, it would be unwise to proceed without considering those who are our base, those who are the very foundation. Mr. Speaker, allow me just to digress slightly. G rowing up, my mom passed— I was very young. I never knew my father. So, [while] growing up, my family, through my mother’s sister and her husband, they brought my brother and me up with my grandmother. But what they did was, they gave us foundations like the different skills that we had. And so, they taught my brother and my cousins —we did 266 9 December 2022 Official Hansard Report
Bermuda House of Assembly fishing, commercial fishing and construction. And later in life, I had the opportunity to embrace a trade I abs olutely love, and that is hospitality. But prior to that, Mr . Speaker, it was construction and it was fishing. I grew up with it. It was a staple in life. That foundation is ab-solutely —and the Honourable Deputy Speaker would tell me that it is the foundation of a lot of our communities: the fishing, the construction, and the hospitality. We have a responsibility to embrace those communities, but to also recognise that in doing so we have to at the very minimum listen to them and give them an opportunity to at least express themselves in their di sciplines . We can eat the fish, we can live in the houses that they provide, we can do the things that we do without considering that they have some say and should have some say. And I am not saying that our Government does not feel that they should not have a say. I am encour aging us to listen more to them and to at the very minimum present more of an opportunity for them to have a say. Because I do believe they bring, those in our community, bring value. The Bermuda Progressive Labour Party that I have gotten to know, whom I have gotten to love, this party that we are a part of is an important part of our overall community and they —and us—are we! Therefore, I, if I can, just before we end this year, recognising all that we have done and the pr ogress that we have made, encourage colleagues, encourage myself and colleagues to listen more, to spend a bit more time understanding them and understanding our communities around us and doing the things and being what we need to be for them. I realise that as a Government we are elected to lead. But not lead in spite of. We lead bringing everybody else along. I believe that this is what should do. It is my hope going into 2023 that we embrace this. That we do, as the Honourable Deputy [Premier] has made it clear, that the dialogue is not over, that we will be tal king with them. We will have the opportunity to speak more on the subject as it relates to our fishermen and to our farmers. But I cannot overstate that we have to be connected, we have to work together, and we have to move this country. We cannot progress in 2023 without all of us working together. It would have been remiss if we do not mention the difficult stuff in our community without mentioning that. Mr. Speaker, I believe, going forward in 2023, that there is a lot more that we can do for our country. We have done a lot, we can do a lot more, and we can be even greater and bigger than we are as a party in helping our pe ople to progress the way that we should and the way that they can. So, Mr. Speaker, I just wanted to make sur e that we did not leave this session tonight without recognising and at least, at the very minimum stating that we hear our community, we understand our community and we want to work with our community. And alongside of that we want for our community to work with us. By doing that, I believe we can achieve much. I would like to wish all my colleagues the very best for the new year and for our Christmas and hol iday season. I would like to wish for all Bermudians to enjoy, all of us to enjoy a very, very Merr y Christmas and a Happy New Year. I would like to say I apprec iate—I did not get a chance, Mr. Speaker, on the floor of this House to thank the administration, to thank you, [the] organisation, during my time as Government Whip. I appreciated you helped me, and you certainly gave me much knowledge during that particular time, and I wanted to tell you thank you, especially. And I wish the new Government Whip the very best, and as the Government Whip has pointed out, we need to do a bit better in helping him to do his job and making sure that we get the job done. And we will do so going forward. Mr. Speaker, thank you, thank colleagues, and especially thank you, all our voters. We wish them the very best. And we look forward to a very productive and a very wel coming new year. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time? Mr. Premier, I believe it is your 20 minutes. OBITUARY SPEECH Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I would like to begin my remarks as I was not here earlier …
Thank you, Honourable Member. Does any other Member wish to make a contribution at this time? Mr. Premier, I believe it is your 20 minutes.
OBITUARY SPEECH Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I would like to begin my remarks as I was not here earlier for congratulations and obi-tuaries. And so, I would like to certainly begin my r emarks this evening by acknowledging and sending condolences to the family of young Keni Outerbridge, who was tragically killed this past Tuesday evening. I certainly would ask that all Honourable Members keep the family in our prayers. I know, Mr. Speaker, as you would know [this] family from your neck of the woods, and certainly, I know that the Attorney General was with them. I know that my wife and I called and extended condolences to members of the family early on Wednesday morning, but it is important that we make sure that we are there to support those. And it is tra gic, Mr. Speaker. It is tragic that the work that we co ntinue to do is disturbed by those who are so willing to take a life. Hard to imagine, Mr. Speaker.
PRE- BUDGET REPORT AND ECONOMIC UPDATE —CAUSE FOR OPTIMISM
Hon. E. David Burt: Mr. Speaker, today marks our last session in this House for 2022. You know that I was as happy as everyone that we were back here in person and able to look each other in the eye and speak and have that feeling of camaraderie that we have when we go to the House of Assembly, and t oday is a culmination of a year of work, Mr. Speaker. And it has been a difficult year. It has been a challengBermuda House of Assembly ing year. It has been a year where the world has seen more. It has been a year where the world has seen tragedy. It has been a year where the world has seen a significant econom ic dislocation, and it has been a year, certainly, Mr. Speaker, that our Island, just like many other jurisdictions around the world, has seen a marked increase in violence. And so, Mr. Speaker, as we end 2022, we also must reflect not only on the challeng es globally but also on our progress locally. And though things, Mr. Speaker, are difficult because of those things which I have mentioned, I am also comforted and optimistic that things are looking up. And it is hard because I know that economic r ebound, I know that fiscal rebound, I know that improving government finances and improving economic pr ojections do not mean much to the family that is having difficulty putting food on their table. And [sometimes] politicians will get up and say that things are getting better without acknowledging the fact that there are many in the community that do not feel it. That is not what the Progressive Labour Party is, and that is the reason why we continue to remain connected and continue to make sure that we are meeti ng the needs of those persons who need us to meet those needs, Mr. Speaker. So today, as we close out this House with a Pre-Budget Report and an economic update, there is cause and certainly reason for optimism. And what is important for us as Members of t his House and what is important for us as Ministers of the Government, Mr. Speaker, is to do as was stated by the Fiscal Respo nsibility Panel. We know the challenges; we know they are hard. We must decide and we must execute. And that is what we will ensur e to do. Because though there were always over the last two years —the last 32 months —distractions, things that got in our way when dealing with a once- in-a-century pandemic, dealing with the challenges that arose from those, Mr. Speaker, as we can see, there will be no such thing next year. That is our hope. That is my prayer. [knock, knock, knock] Knocking on wood on [this] thing, Mr. Speaker.
32 MONTHS AGO —LOOKING FORWARD WITH HOPE AND OPTIMISM
Hon. E. David Burt: And so, with that, Mr. Speaker, I want to pivot, because last week during motion to adjourn . . . [and] I would have wanted to speak during motion to adjourn, Mr. Speaker. I got you, no worry. That is my luck too. It seems like the House is kind of the same way it was at that point in time whe n there was only one OBA Member in the House. But the thing is, Mr. Speaker, that I would have echoed the statement by the Honourable Minister of Health because she paid tribute to all of those who over the last 32 months were on the frontline keeping our country safe, doing the best that they could. And by any objective measure, Mr. Speaker, this country performed well during a once- in-a-century pandemic, Mr. Speaker. And it is not the leaders of the Government to thank for that. It is the people who deli vered the service. It is the ones who worked the long hours. It is the ones who whether they were at the airport, whether they were in the hospital, whether they were at our ports, whether they were doing what was necessary, nurses, doctors, you name it, Mr. Speaker, they were all there—uniformed services, firefighters, persons. It was an entire community effort , an entire effort. And 32 months, Mr. Speaker, has left a scar on the psyche of many. It damaged friendships, cha llenged families, people lost lov ed ones. Young chi ldren lost their parents in the prime of their lives. So, it has been a very difficult time, Mr. Speaker, that we have gone through. But as I said, we can look forward with a sense of hope and optimism. And as we celebrate this Christmas season—I know I saw you and your wife on Monday night —there have been many different events where we have been able to gather once again, like we did. Thank you, Mr. Speaker, for allowing me to leave earlier today. I was able to witness my daughter in the UDP [United Dance Productions] Christmas performance. And to see the Ruth Seaton James [Auditorium] pac ked, to see everyone there, it was almost as though it was three years ago. And so, as I said, Mr. Speaker, there is cause and hope for optimism as we move forward. But at that same time as we are in this Christmas season, it is vital that we recognise that life is important, and so as your son, Mr. Speaker, the Honourable Member from constituency 28 said, while we are back to enjoying ourselves, let us remember that enjoyment should also have responsibility. [Our conduct] must have responsibility because there is enough hurt in the community. We do not want our actions [to cause more harm. We want our actions to prevent more harm], not cause more. And so, I would ask people to heed the words, to remember to be r esponsible and to be safe. At the same point in time as families will gat her for Christmas, and for those who do not celebrate Christmas and have other celebrations, as families will gather over this holiday, Mr. Speaker, as Members have mentioned on this side of the House and poss ibly so on the other side of the House, we will be out in our communities trying to meet the needs of those who are less fortunate and are challenged. And I would encourage everyone who is listening: there are so many ways to help. There are so many agencies that are there to assist, and every little bit helps, whether it is as simple as walking down the street and giving to the Salvation Army, whether it is donating to foster parents and foster children, or whether it is dropping off some items at a food bank. If everyone does a little bit to help as a community, we can see a better place, and I think that is important. We can en268 9 December 2022 Official Hansard Report
Bermuda House of Assembly sure that those who have less can have a little bit more during this holiday season. So, Mr. Speaker, as I move to the close, I say that I look forward to 2023 with optimism. I look forward to 2023 with hope. I look forward to 2023 know-ing that a leadership of this country, and that is a collective, ca n advance issues that we may have been putting off for a while but [that] need to be tackled. And, as you would have said, Mr. Speaker, and what we delivered earlier with a Pre- Budget Report, the next time we come back, we will be dealing with the budget. Budgets are what we use to identify the prior ities of the country. As they say in simple terms, put your money where your mouth is, and that will be the true measure, Mr. Speaker. And as we have seen i nside of the Pre- Budget Report, this is not about carr ying on, because delayed decisions only lead to longer term consequences and longer -term challenges. And so, Mr. Speaker, as I close, I wish to say Merry Christmas to all : to you and your family, Mr. Speaker, to all honourable colleagues here in this Chamber, to colleagues in the other place, to our staff and administration who work so hard behind the scenes here in the House of Assembly, certainly to our dedicated public officers of this country, certainly to our uniformed services, and most of all, to the people whom we serve here in this Honourable House. So, I do wish all, Mr. Speaker, as the House of Assembly is off for two months, a very Merry Christmas and a very Happy Holiday. I ask persons to be safe, be merry, spread love. Reconnect [with] those fri ends with whom, you know, you may have had war with over disagreements when it came to COVID -19, those persons with whom you may have had a challenge and a tussle with, those persons whom, you know, felt, I do not like that guy anymore. I am not messing wi th that person, all the rest. It is ea sier to love than it is to hate, Mr. Speaker, and that is what this season is. It is the season of love. So, I wish everyone in this country a very happy holiday and look forward to returning to work, Mr. Speaker, whe n we come back on February 3. Thank you.
HOLIDAY GREETINGS
The SpeakerThe SpeakerMr. Premier, Members, I will give a thank you for your contributions today and thank you for the contributions for this parliamentary session that brings us to the close of this year . As many have commented tonight, we are going into the holiday season. And as has been said …
Mr. Premier, Members, I will give a thank you for your contributions today and thank you for the contributions for this parliamentary session that brings us to the close of this year . As many have commented tonight, we are going into the holiday season. And as has been said by many tonight, let us remember the reason for the season, first of all and foremost. But in remembering the reason for the season, may we take time in this post -pandemic time as we mingle amongst our family and friends in a way that we have not been able to in recent Christmas and holiday seasons, as we get out and do that once again. Remember the distance that came between us because of the pandemic is not a dis tance that needs to remain. We need to build those bridges again, close those gaps, reunite with our family and friends in a way that spreads the love that is still there, even though it has been distant. But in doing so, let us be mindful to be cautious, careful. It has been said about traveling on our highways to make sure we are in a focused mind as we are on the highways. But as we are just mingling with each other, let us be mindful that a new year is about to begin and in that new year, let us start t he new year in a way that brings us back together in a real formative way to address the issues that will be before us as the leaders of the country so that we can set a tone to bring our country forward continually in the way that we should be in addressi ng the needs and concerns of all our people. With that, I would like to thank the staff of the Parliament who helped to keep us functioning each, week, in and out. You may see them once a week or once every other week, as it has been in recent times, but they daily roll up their sleeves and get done what we need to do so that we can function well when we are in session. So, I thank them for their service and to them as well, I wish them well with their holiday season. And for Mr. Lamb, next to me, he has got a special Christmas to celebrate—a new youth running around . . . well, not running around yet, but a new experience for him as a new father. So, cherish it. It is the first time, but it is the first of many to come. So, enjoy it, enjoy it while you can still.
[Inaudible interjection]
The SpeakerThe SpeakerThat is right. But with those few remarks, we stand a djourned until the 3 rd of February, and as the Premier said, we will be coming back into that budget session. So, [let us] prepare our minds to deal with the expen ditures that will take us forward into …
That is right. But with those few remarks, we stand a djourned until the 3 rd of February, and as the Premier said, we will be coming back into that budget session. So, [let us] prepare our minds to deal with the expen ditures that will take us forward into the next year. Members, enjoy your holiday, have a safe ho liday and the best to each and every one of you and your families. We stand adjourned.
[Gavel]
[At 11:08 pm, the House stood adjourned until 10:00 am, Friday, 3 February 2023.]