December 2, 2022

The Honourable Minister in
his Statement said on . . . page 2 of his Statement
referred to a system, and I will read that out, Mr.
Speaker. In speaking about the Bermuda National
Workforce Development Plan, he spoke about laying down a foundation for the 21
st century workforce development system. A system described as “that better
aligns with education and economic development organisations in order to create a collective response to
labour market challenges with a primary aim to connect people with jobs.”
My question: Could the Honourable Minister
please clarify or describe what this system enta ils?

Minister.

Hon. Jason Hayward: Mr. Speaker, in 2018 the Go vernment wrote out a National Workforce Development
Plan. The National Workforce Development Plan d escribed the system of workforce development that the
country aspires to move to. There are a number of components within that particular system. When we
speak about workforce development, it cannot be in
isolation from the rest of the community. So, there are
a number of players within the system. The education
system —the education s ystem is a system within our
workforce development system , the Department of
Workforce Development, the economic development
department —all of those agencies which seek to pr ogress people socially so that they can be integrated in
society in a meaningful w ay. Employment agencies
are part of your workforce development system. You
also have the community college as a critical part of
our workforce development system.
Those are just some examples, but I can go
on and on. So, what we are talking about is how w e
integrate the work that all of those agencies are doing
into a common strategy rather than operating in silos.

Yes.
Are there any criteria by which membership
will be decided by the Minister at this point?

Hon. Jason Hayward: The criteria would be certainly
based off of the Statement. The majority will be employer representatives because we want to ensure that there are persons who specialise in various i ndustry groups who are responsible for employing ind iBermuda House of Assembly viduals. I have indicated that there will be government
representatives.
The Ministry of Education will be an important
component, as well as the representatives from the
Ministry of Economy and Labour, the unions as well as our local community college.

Will these appointments or
positions be compensated, or paid positions?

Hon. Jason Hayward: The persons who will sit on
the Workforce Development Advisory Board will not be compensated. This is a non- statutory board that
we are setting up. And, like I said, it will be similar to
the Labour Advisory Council. However, the other
board that was mentioned that will be governed by the
National Training Board, which will be the National
Certification and Apprenticeship Board, that certainly
will be compensated the same way the National Trai ning Board is currently compensated.

Third question, please, Mr.
Speaker.
The Honourable Minister, on page 4, spoke
about the newly named National Certification and A pprenticeship Board. But earlier in his Statement he said how that body, or the original form of that body
does not have the time to deal with its primary duties. So, it is being redesigned. Would the Honourable Mi nister please describe why then we hav e new duties
being added to the newly reformed National Certific ation and Apprenticeship Board? (Starting at the bottom of page 4 of his Statement.)

Minister.
Hon. Jason Hayward: For clarity, I did not speak to
the negligence of duties that the current board— how
they actually operate. So that was the Honourable
Member adding some flavour to his question. However, I did state that the board will have increased scope of functions in one area and a reduction of functions in
another area. So right now, that particular National
Training Board is responsible for the oversight of the National Training Centre, as well as responsible for
the mission, strategic direction of workforce development activities.
What we want to do is remove those functions
out of that board because the way in which the de-partment is set up is not like a quango where the
board governs the department. The department is still
governed by the Ministry of Economy and Labour
through the Permanent Secretary responsible, and
then th e director. What we want to do is ensure that
the critical functions of ensuring that we have systems
in place for progressing people through skills/trades
development, certifications and apprenticeships are
actually the focus of that particular board. Then that is
why we are narrowing the scope because we want to
see more skills/trades individuals in Bermuda.

Thank you, Mr. Speaker.
Would the Honourable Minister please speak
to his Statement on page 1 where he des cribes the
cash and cash equivalents for the period increased by
17.7 per cent? And whilst later on he describes a re venue decrease. Could the Honourable Minister please
speak to or describe why we saw such a large i ncrease in the cash position?

Oh, okay. Thank you.
132 2 December 2022 Official Hansard Report

Bermuda House of Assembly And the last questions this morning are for the
Minister of Health. Minister, MP Dunkley has questions for you this morning.

QUESTION 1: 32 M ONTHS AGO

Hon. Michael H. Dunkley: Thank you, Mr. Speaker.
In regard to the Minister’s Statement, on
page 7 the Honourable Minister mentions at the end
of the first paragraph, “I am pleased and proud to say
that 75.2 [per cent] of our population is fully immu nised against COVID -19.” Can the Honourable Minister
clarify if that is two doses or three doses?

Minister.

Hon. Kim N. Wilson: Mr. Speaker, as has been pr eviously stated by the CMO [Chief Medical Officer], that
the efficacy of the COVID -19 [vaccination] starts to
wane after time, which is why there is a strong su ggestion for persons who qualify to receive the subs equent booster to effectively boost their immune sy stem against COVID -19.

Second supplementary?
Hon. Michael H. Dunkley: There is a supplementary
based on that. The Minister did not say how long. She just gave an answer that it reduces the effectiveness
over time. So my supplementary, Mr. Speaker, is,
Based on the fact that it is two doses which is in the
75.2 per cent of our population, does the Minister believe now that this 75.2 per cent has dropped down
drastically? In my case, Mr. Speaker, my second dose
was some time ago. And I am sure the effectiveness
has worn off.

Minister.
Hon. Kim N. Wilson: Mr. Speaker, thank you. In answer to the question How long?, and I do
not want t o be coy, but how long is a piece of string?
Everybody’s circumstances vary. It depends on your
physical and medical condition. Insofar as the effect
and the efficacy, it depends on how long ago perhaps or what other medical conditions may exist. An aut oimmune person may very well have less efficacy with
respect to the vaccine because of their own personal physical circumstances. Which is why, Mr. Speaker,
there is a strong engagement and educational campaign to remind persons that it is certainly necessary
to receive their boosters to boost up their immunis ation, as well as the efficacy of the COVID -19 vaccine.

Yes. Put in your second question.

QUESTION 2: 32 MONTHS AGO

Hon. Michael H. Dunkley: Mr. Speaker, I will move
on from that because I think I made the point.
The Honourable Minister goes on to say at
page 8 of the Statement in referring to resQwest and
the application to assist in pandemi c management.
Mr. Speaker, can the Honourable Minister provide this
Honourable House —I believe I am correct in stating
that the border controls were originally stated to end
by this Government in March of next year. So they
have ended earlier than the Government anticipated.
And that is to be applauded, Mr. Speaker. So in ending those border controls, was there any penalty
clause that had to be paid to resQwest for ending
those border controls earlier?

Mr. Speaker, I proudly
wear the green- and-gold tie today for probably ––apart
from an event I attended probably with Brother Famous ––the first time since maybe you wore it officially
going to class singing, “The Green and Gold we will
e’er uphold. And ever to our school be true.” Mr.
Speaker, no time more proud I was than yesterday when the culmination of years trying to get my alma
mater Troy to Bermuda came true when I went to the Berkeley Institute to help a young lady named Bailey
Anne Corbin, the recruiter from Troy University, in
Troy, Alabama. [Ms. Corbin] recruits students from
Bermuda to attend Troy. And I want to singl e out Ms.
Sandra Dill, who since the pandemic has been able to
pull together that career fair, which was attended by
some schools I recognised—Tampa, Rollins, the Bermuda College. And even the BEDC were there,
and other —Oakwood was there as well, Mr. Speak er.
And proud I am, Mr. Speaker, because to
stand in the halls where I once—Captain Berkeley but
then had to go to Warwick Sec for reasons that were needed at that time, to Dr. Clifford Maxwell. Anyone
who knows me knows that to do so yesterday was a
very proud day indeed. And because of that, I come
here and stand wearing the Berkeley tie. And also, I
just prophetically put on the Troy shirt yesterday
morning when I got an email to tell me that Troy was
in Bermuda. And certainly I would like to encourage
us to make sure that we encourage more of these
things. And as we are moving past the pandemic, as
was stated in a Ministerial Statement earlier, to make
sure that we communicate when these things are taking place.
But proud I am, Mr. Speaker, proud I was y esterday and more proud I will be when more students
from Bermuda avail themselves to the mighty Trojans
of Troy, which I am proud, very proud to be an alumni
and had the honour of giving the commencement ad-dress in 2010. And may the relationship between
Bermuda, thanks to the US Consul General, the Honourable Karen Grissette, for her involvement in getting
Troy here. And I do believe that a memorandum of
understanding has been established between Troy
now and the Bermuda College. Proud I am of Troy. Proud I am of the connection with Troy and Bermuda.
And I look forward to working to make that grow to
even greater heights. Thank you. That is my time, Mr.
Speaker.

Thank you.
Does any other Member wish to make a contribution?
Minister Furbert, you have your three minutes.

Hon. Wayne L. Furbert: Thank you, Mr. Speaker.
Mr. Speaker, it has been a tough week for the
people in Hamilton Parish . . . two weeks, I believe
last week my honourable colleague, the “Bishop of
Hamilton Parish,” Derrick Bur gess, said that several of
our constituents had passed away. Linwood Outer-bridge I think was mentioned. Also, the oldest member within my constituency , Ms. Sylvia Simpson. She was
104. And unfortunately, Mr. Speaker, her son died the
next day, passed away. And then we had Jackie
Outerbridge who passed away. And then six days later her husband, [Ken], passed away. He was my
cousin. And we have Oliver Caisey who passed away.
And also Neville Smith. There is a Neville Smith the
bishop. But also there is a Nevi lle Smith on Radnor
Road who is also my cousin. You know, Hamilton Parish is pretty well related right through. So, I would like to send condolences to all those families. It has been
a real tough week, Mr. Speaker. Yesterday, the Honourable Member Derrick Burgess and I attended the
funeral at Bailey’s Bay. It was the first time I have ever
134 2 December 2022 Official Hansard Report

Bermuda House of Assembly been to a funeral where two coffins were actually on
the field, or even within a church. Bailey’s Bay was out
in full. Interestingly enough, Jackie was a great Ba iley’s Bay supporter. And then I found out that she was
also a supporter of St. George’s until her grandson started playing for Somerset. And then she crossed
the floor and started wearing red- and-blue for her
grandson—

Yes.

Hon. Wayne L. Furbert: So those are my family’s
members who have passed away. I would like to send
condolences to all of those members and just hope
that we can just hold on a lit tle bit longer for other
members to move on. But I am sure that [Members]
would like to be associated with those [remarks].
Thank you, Mr. Speaker.

Thank you.
Would you wish to make a contribution?
Deputy Premier, you have your three minut es.
Hon. Walter H. Roban: Thank you, Mr. Speaker.
I would like to be associated with the condolences to [the family of] Mr. Outerbridge, whom the Honourable Member who sits for constituency 6 mentioned. I knew him very well and I am good friends
with his son, who is quite a person of excellence in the
financial services community, whom I worked with at
HSBC for many years.
Also, Mr. Oliver Caisey as well. Sad and
shocked to hear of his passing.
I would also like to have a more positive mention, Mr. Speaker, of Mr. Paul Simons who was just
appointed Deputy CEO of Convex Re. It is always
good to see our Bermudians who have long- standing
careers in the financial services industry do well and
reach positions of leadership. He is of my generation, and I have known him for quite some time. It is always
great to see Bermudian men and women at the height
of the global reinsurance industry here in Bermuda.
Thank you very much, Mr. Speaker.

Thank you, Mr . Speaker. Good
morning to the listening audience and to my fellow colleagues.
Mr. Speaker, I just want to start by sending
condolences to the family of a constituent of mine, Mr.
Erwin Lightbourne of 8 Ocean Sands Drive.
Mr. Speaker, I would like to also add or ass ociate with the condolences sent to the Outerbridge family. While I did not know them, they were the godparents of my boss. So from her telling me what happened, I was astounded and shocked. So I would like
to associate with the condolences to t he family of the
Outerbridges.
On a lighter note, Mr. Speaker, also the Mini ster Furbert mentioned about Somerset Cricket Club.
Mr. Speaker, I would like to send congratulations to
the new President of Somerset Cricket Club who was
elected last night, Mr. Richard Scott. He is coming
back for his second term as president.

During his term since 2017
when he came in as president, he has had the good
fortune of being president over four Cup Matches,
which Somerset has won three of them, one a 2– 1
victory, tw o a 10- wicket victory and unfortunately one
a draw. So during his term he has had one of the most
successful presidential terms for the Somerset Cricket Club.

[Desk thumping]

Deputy Speaker, are you getting to
your feet to be associated with those congratulations
as well?

Hon. Derrick V. Burgess, Sr.: Mr. Speaker, jokingly, I
would say I do not want to be associated with that.
[Laughter]

Hon. Derrick V. Burgess, Sr.: But, Mr. Speaker, I
would like for this House to send condolences to the
family of Lloyd Simmons, an entertainer who has entertained many in the hospitality industry.

Thank you.
Minister Weeks, you have your three minutes.
Hon. Michael A. Weeks: Thank you, Mr. Speaker,
and good morning to my colleagues and to the liste ning audience.
I would like to start off my remarks by assoc iating myself with the previous speaker on the passing
of Mr. Lloyd Simmons. I would like to remind co lleagues that Mr. Lloyd Simmons was the father of
former Senate President Ms. Carol Ann Bassett, who
was one of my cousins. So, condolences to her [fam ily] and the rest of our family.
Mr. Speaker, I would also like to send congrats out to the . . . actually, Mr . Speaker, I will start
off this way. I went up to Westgate on Wednesday to witness a graduation of seven inmates. It is a pr ogramme called Life Minus Violence. And this pr ogramme, Mr. Speaker, is targeted at incarcerated i ndividuals who pose a risk of violence and are ident ified as requiring intervention to address it. This pr ogramme focuses on the motivation for aggressive b ehaviour rather than the type of aggression used, understanding that individuals can have mixed motives
for their behaviour. So as the Minister of National S ecurity, it was my aim to ensure that these persons who
enter into incarceration leave better than how they
went in. And this programme is a part of achieving
that.
I am proud to acknowledge the work of those
men and the staff, Mr. Speaker, who facilitate this programme. And when I had a chance to talk with these prisoners, they all are determined to improve
themselves and their liv es.
Mr. Speaker, I also want to acknowledge the
MILE Programme. MILE stands for mentoring, inspi ring leadership, empowerment. This programme, Mr.
Speaker, is a programme that is currently at Berkeley
Institute, and it is for young at -risk boys. So I was able
to go there, and I would like to associate the Minister of Education with that. So it is for young at -risk boys.
I was able to speak to them yesterday and li sten to their stories and how their parents and other people are trying to help steer them in t he right direction. I was able to break bread with them. And as us ual, Mr. Speaker, most of these young men when you talk to them personally are just the average young man looking for some kind of guidance. So my hat is off to them and to the teachers. I do not want to miss
anyone. But I just acknowledge personally Mr. Quincy
Paynter. I think he is [the Deputy Principal]. And a Mr.
Ball. I cannot remember Mr. Ball’s first name. But those two are the two organisers and the facilitators of
the MILE Programme. So, with those few words —
Oh, Mr. Speaker, before I sit down. Hats off to
Mr. Blanchett. I definitely have got to be associated
with that and to the incoming president, Mr. Richard
Scott.
Thank you.

Thank you.
Any other Member?
Minister Furbert, Tinee Furbert.

Hon. Tinee Furbert: Yes, thank you. Good morning,
Mr. Speaker.
Mr. Speaker, I would like to send out condolences to the family of Natasha Lewis, Pamela Lewis,
who is Natasha’s mom, as well as Carla Lewis, who is
Natasha’s sister. Also, Natasha was part of the family
at the K. Margaret Carter Centre. Condolences to the
family with the loss of Natasha Lewis.
I would also like to give condolences out to
two of my constituents as well, who were recently de-parted. Earlston James Harvey , as well as Captain
James Peter Olander.
Mr. Speaker, at this time I would like to give
congratulations to the Mental Health Court [MHC]. I
recently visited the Mental Health Court’s Thanksgi ving service. And in this service, if anyone is not fami liar wit h the Mental Health Court, it gives a platform, an
opportunity for persons who have mental health cond itions to have wraparound services to help keep them out of our prisons. So, they would have to comply with
certain probation measures to make sure that t hey are
staying on the straight and narrow. I mean, if anyone
has the opportunity to attend these end- of-year services that they put on, it is actually quite empowering
to see how persons can turn and change their lives
around with proper supports in place. So, I want to
say congratulations to all of the participants within the
Mental Health Court structure and the team who give much of their time and dedication and skills to making
sure there is an alternative to incarceration for persons who are struggling with [their] mental health.
Thank you, Mr. Speaker.

Thank you, Minister.
Does any other Member?
The Minister of Education.

Hon. Diallo V. S. Rabain: Mr. Speaker, thank you for
these three minutes.
Mr. Speaker, over the last couple of ye ars our
students have not been able to get out and do some
of the fundamental things that are associated with going to school. It was one stage for us to get them back
136 2 December 2022 Official Hansard Report

Bermuda House of Assembly into the classroom; it was another stage for us to get
them back into the extracurricular activities and the
excitement. The last time I stood up I spoke about the
Six-A-Side Tournament that had taken place. This
[took place] over the last few weeks, Mr. Speaker, we
had the netball tournaments take place for both senior
and middle school. And we also had volleyball tournaments take place amongst the middle schools this
past week.
Mr. Speaker, I would like to send congratul ations to the Saltus Team, who did win the middle school volleyball tournament, [boys]. And Whitney
won the female middle school netball championship.
And the Berkeley Institute won the girls senior netball
championship. So, congratulations to them, Mr. Speaker.
Mr. Speaker, I would also like to send congratulations to all of the teachers who were nominated
for the BEN’s [Bermuda Education Network] Outstand ing Teacher of the Year Award, that being Dr.
Alshia Lugo from Berkeley Institute, the science
teacher at Berkeley Institute; Crystal Richardson, M2
and M3 math teacher from Clearwater Middle School;
Donika York, M2 year head and M2 English teacher
from Whitney Institute; Rupert Holdipp, P5 teacher at
Northlands Primary; Zolita Macintosh, physical educ ation and health at Port Royal; Shani Smith, music
teacher at Paget; Akinyi Apopa, science teacher at
Sandys Secondary Middle School; and Patreece S imons, teacher and leader at Lyceum Preschool. And
with the winner being —there is someone missing
here. That is Ms. Makese Gilbert from Elliot, P1
teacher from Elliot. (I did not see her name on there.) And I want to say congratulati ons to Makese, who was
runner -up. And the winner was Cidalia Soares -Chan,
teacher at Purvis Primary, Mr. Speaker.
So congratulations to all of those who were
nominated. It is a phenomenal feat to be [in the] top
10 out of nearly 800 in the system. So to be in the top
10 is an achievement in itself, and also to actually win
the competition. So congratulations to all of —all of our
teachers, but especially those who did participate in
last night’s presentation.
Thank you.

Thank you, Minister.
Does any other Member wish to make a contribution at this time? Any other?
None.
Before we move on, let me just associate m yself with a couple of comments. Of course, those to Somerset Cricket Club for the service of the outgoing president and to congratulate the new president, who
has returned to the helm after a few years of having
served in the past. So to him and his new team, congratulations.
So the condolences that were expressed to
Lloyd Simmons’s family, I would be associated with that. And many of you may not know that he was also
a relative of mine as well. We share in his loss.
And Mr. Russell Williams passed away in
Somerset a few weeks ago. For those of us in the
Western community, we know that not only will he be missed for his trade; he was an outstanding carpenter
and a long- serving carpenter in the West End community and throughout the Island, I should say. But he was just such an all -around nice fellow. He always
had uplifting comments, always warm and positive comments and encouragement, and done with a bit of
humour. I am sure his friends and his family . . . not
only just his family but the Sandys community in general would just like to acknowledge his passing and
offer condolences from the House to his family. Thank
you.
Having completed the congratulatory and ob ituary remarks, we will now move on.

MATTERS OF PRIVILEGE

Go right ahead.

FIRST READINGS

INSURANCE AMENDMENT ACT 2022

Hon. Walter H. Roban: I wish to introduce the follo wing Bill for its first reading so that it may be placed on
the Order Paper for the next day of meeting, the I nsurance Amendment Act 2022.



Bermuda House of Assembly The Speaker: Carry on.

Hon. Walter H. Roban: May I go to the next one, Mr.
Speaker?

The first matter this morning is the second reading of the Customs Tariff Amendment (No. 4)
Act 2022.
Minister Furbert, are you going to lead this?
Then, Minister, you have the floor.

Hon. Wayne L. Furbert: Yes, thank you, Mr. Speaker.
The Sp eaker: Okay. Minister, you have the floor.

Hon. Wayne L. Furbert: Mr. Speaker, with the Go vernor’s recommendation, I move that the Bill entitled
the Customs Tariff Amendment (No. 4) Act 2022 be
now read the second time.

Are there any objecti ons? There are none, c ontinue Minister.

BILL

SECOND READING

CUSTOMS TARIFF AMENDMENT (NO. 4) ACT 2022

Hon. Wayne L. Furbert: Mr. Speaker, this Bill, this
amendment is quite simple. The Bill, as you would
recall, Mr. Speaker, proposes to amend the Cus toms
Tariff Act 1970 (the principal Act) with the introduction
of a zero- rate duty for frozen bread imports. If you r ecall last time, we used the word “chilled,” and we
thought it was part of the category within the aspect of the Customs, but it was not. T here is a separation between “chilled” bread and “frozen” bread. So, this
here, this measure affects the First Schedule to the
principal Act.
Mr. Speaker, Honourable Members will recall
that I said in October this year, the Customs Tariff Amendment (No. 3) Act 2022 amended the Customs
Tariff Act 1970 to reduce the rate of import duty to rate
zero for 21 categories of goods. This was done pursuant to the recommendations of the Cost of Living
Commission on the economic relief initiative for a
basket of essential commodities.
Fresh and chilled breads were among these
essential goods affected. Frozen bread was inadver tently omitted, although the original policy intent had
been to include all bread in this relief. Mr. Speaker,
with due consideration of the subs tantial amount of
frozen bread imported to Bermuda, it is now proposed
to round out the essential basket of commodities by
including frozen bread in addition to fresh and chilled
bread, thus making the basket more complete.
Mr. Speaker, thank you.

The Sp eaker: Thank you, Minister.
Does any other Member —
MP Dunkley.
Hon. Michael H. Dunkley: Yes, Mr. Speaker.
I have the privilege of speaking to this today
because my colleague, the Honourable MP Scott
Pearman, is under the weather today. So, Mr. Speaker, there is no need to be long- winded about this one.
First, I will declare my interest since I am speaking to
it: I am a wholesaler, so I do sell food.
Mr. Speaker, this makes prudent good sense.
And I would assume that one of the reasons why it might have been missed is because only recently has
the proliferation of frozen bread products been i mported into the Island. So, the customs code probably covered just the fresh and chilled before. But now fr ozen bread probably is the largest category of any of
the bread types that we have brought into the Island.
So, it makes prudent good sense. And I appreciate the Government coming here today and correcting
138 2 December 2022 Official Hansard Report

Bermuda House of Assembly that so there is no confusion over it. And it will to
some extent go to help the people of Bermuda as they
struggle with the challenges that we face, one of them
being the high cost of living.
Thank you, Mr. Speaker.

Cont inue.
Hon. Wayne L. Furbert: Mr. Speaker, the
Customs
Tariff Amendment (No. 4) Act 2022 seeks to amend
the First Schedule to the Customs Tariff Act 1970 [the Act].
Clause 1 contains the citation. It is self -
explanatory.
Clause 2 amends the First Schedule to the
Act in tariff code 1905.902 by deleting the existing
subheadings description “Bread, fresh or chilled” and
by substituting the new subheading description
“Bread, fresh, chilled or frozen.” The First Schedule is
published on the Bermuda Government portal where
one can find it.
Clause 3 provides the Bill to have statutory effect from the date of its first reading (18 November 2022), in accordance with the Provi sional Collection of
Revenue Act 1975.

Are there any further speakers?
Any further speakers?
There appear to be none. Minister, do you want to move?

Hon. Wayne L. Furbert: Yes, Mr. Chairman.
I move that the preamble be approved.

The Cha irman: It has been moved that the preamble
be approved.
Any objections to that?
There appear to be none.
Approved.

Hon. Wayne L. Furbert: Mr. Chairman, I move that
Standing Order 21 be suspended to enable me to
move the Bill entitled—

It has been moved that the Bill be
reported to the House as printed.
Any objections to that ?
There appear to be none.
The Bill will be reported to the House.
Mr. Speaker.

[Motion carried: The Customs Tariff Amendment
(No. 4) Act 2022 was considered by a Committee of
the whole House and passed without amendment.]

House resumed at 12:0 2 pm

[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]

REPORT OF COMMITTEE

CUSTOMS TARIFF AMENDMENT (NO. 4) ACT 2022

Members, are there any objections to
the Customs Tariff Amendment (No. 4) Act 2022 being reported to the House as printed?
There are none.
The matter has been reported as printed.


Bermuda House of Assembly Thank you, Members, for that.
We now move on to the next item on the O rder Paper today, which is the second reading of the
Development and Planning Amendment Act 2022 in
the name of the Deputy Pre mier.
Deputy Premier.

Hon. Walter H. Roban: Mr. Speaker, my indulgence
is that we actually requested to do the Fuels Bill this
morning.

All right. No problem at all with that.
Members, just to re- introduce it, the Deputy
Premier will do the third item, which is the Fuels Amendment Act 2022.
Deputy Premier.
Hon. Walter H. Roban: Thank you very much for your
patience, Mr. Speaker.

The Spe aker: No problem at all.

Hon. Walter H. Roban: Mr. Speaker, I move that the
Bill entitled the Fuels Amendment Act 2022 be now
read a second time.

Are there any objections?
There are none.
Continue, Minister.

BILL

SECOND READING

FUELS AM ENDMENT ACT 2022

Hon. Walter H. Roban: Mr. Speaker, I rise to intr oduce the second reading of the Bill entitled the Fuels
Amendment Act 2022. The Bill seeks to introduce a
few clarifications to the recently passed Fuels Act 2022 to ensure that responsibil ity and authority of the
Regulatory Authority is appropriately applied to the
fuel industry. Mr. Speaker, the Bill seeks to fine- tune the
principal Act before the hard work of creating the
regulations begins in earnest. When the principal Act
was tabled i n the Senate, there ensued lively discussion around the definitions that would define to whom the Act would apply. Perhaps importantly, Mr. Speaker, it should be noted that this Bill demonstrates the
good faith in consultation with which we will move forward as regulations are being drafted.
There was a question about certain definitions. And this Bill answers those questions swiftly and comprehensively, as promised.
Mr. Speaker, the Fuels Act is meant to apply
only to those entities in the actual busines s of impor ting and selling fuels. [There] is a need to ensure that, for example, entities like hardware stores selling small
quantities of fuel, like butane for lighters or charcoal for barbeques, would be exempted from regulation.
Not making this distinct ion could have resulted in an
onus to the retailers, but also the burden to the regul ators, neither of which would be in the best interest of
the industry.
Mr. Speaker, the Bill narrows definitions to
ensure that only those whose primary business is the
importation or sale of fuels will be regulated under the
Fuels Act 2022. Furthermore, the Bill refines the very
definition of “fuel” to specifically exclude renewable energy, which has its own regulatory regime in place
already, in turn to ensure that no un intended or unnecessary additional burdens are placed on that i ndustry.
Mr. Speaker, I move that the Bill entitled the
Fuels Amendment Act 2022 be read for a second
time.
Thank you, Mr. Speaker.

Yes. Thank you, Mr. Speaker.
Recognising these adjustments as needing to
be made, I guess I go back to some of what may have
been said, and that was I was not sure why we were
racing through the substantive piece of legislation only
to, another two weeks later, three weeks later, have to
come back with amendments. They certainly need to
be done. I believe that there are more amendments
that need to take place as well. T here were more suggestions given. But other than that, these need to be
done. I am glad that at least the Minister is taking
them on. And I hope to see more. But this is a Bill
that, quite frankly, the regulatory body still has much
work to do. There was n o need to rush through and
get it done only to now have to come back with
amendments. Thank you.

140 2 December 2022 Official Hansard Report

Bermuda House of Assembly The Speaker: Thank you.
Does any other Member wish to make a contribution?
There are none.
Minister.

Hon. Walter H. Roban: Thank you, Mr. Speaker.
Noting the comments of the Honourable
Member, thankfully we are not rehashing the debate
of the previous principal legislation. We were very
clear, Mr. Speaker, that details upon which many, i ncluding the Honourable Member, who I note is an operator I believe of a fuel entity, will be much curious
about and interested in will come in the regulations.
And as we clearly stated and have stated publicly and also to all of those operators, they will have sight of
those regulations as they are being prepared so that
their contributions and expertise and opinions can be
factored into the regulations, which will have all of the
meat of how things are going to be operating. Wher eas the principal legislation was framework, and I think
we understand how that works. We are al l legislators,
and we understand how that is intended to move for-ward.
No rush, but I am happy to bring these
amendments because, ultimately, Mr. Speaker, this shows how the legislative process is supposed to work. Often, we get valid opinions in the other Cha mber. And if they are seen to be valid by those techni-cally responsible for these matters, they are taken on.
And that is what we are doing here today. It shows
how the legislative process under our democratic sy stem can work to the benefit of all.
So, with that, Mr. Speaker, I do move that the
Bill be committed.

Continue. Hon. Walter H. Roban: Thank you very much, Mr.
Chairman.
Mr. Chairman, the Bill seeks to provide for
clarificatio n of definitions determining what entities will
be regulated under the Fuels Act.
Clause 1 provides the title of this Bill.
Clause 2 amends section 2 of the Act to refine
certain definitions as follows: (i) the definition of “fuel”
is amended to provide a general definition and clarify
that renewable energy is not to be construed as a fuel;
(ii) the definition of “fuel sector” is amended to clarify
that the intent is to regulate persons whose primary business is a regulated activity in the fuel sector; and
(iii) the definition of “wholesaler” is amended to make
it clear that persons whose primary business is
wholesale will be regulated.
Thank you very much, Mr. Chairman.

It has been moved that the Bill be
reported to the House.
Any objections to that?
There appear to be none.
The Bill will be reported to the House.
Mr. Speaker.
[Motion carried: The Fuels Amendment Act 2022 was
considered by a Committee of the whole House and
passed without amendment.]

House resumed at 12:1 2 pm

[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]

REPORT OF COMMITTEE

FUELS AMENDMENT ACT 2022

Members, are there any objections to
the Fuels Amendment Act 2022 being reported to the House as printed?
There are none.
Thank you, Members. The Bill has been r eported as printed.
The next item on the Order Paper this mor ning is the second reading of the Bermuda Educators
Council Amendment Act 2022 in the name of the Mi nister of Education.
Minister.

Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker.
Mr. Speaker, I move that the Bill entitled Bermuda Educators Council Amendment Act 2022 be
now read the second time.

Any objections?
There are none.
Continue, Minister.

BILL

SECOND READING

BERMUDA EDUCATORS COUNCIL
AMENDMENT ACT 2022
Hon. Diallo V. S. Rabain: Mr. Speaker, the purpose
of this Bill is to provide for committee fees to be paid to members of the Exemption Committee and to val i-date previous payment of fees to members of the E xemption Committee. The Bermuda Educators Council
Act 2022 established the Bermuda Educators Council
(the BEC) whose principal functions are the registr ation of teachers and paraprofessionals; improving the
standards of teaching; and maintaining and improving standards of professional conduct of educators.
The registration of teachers is a longestablished practice in many other jurisdictions, but a long time in making in Bermuda. Prior to the introduction and eventual implementation of the Act, there
were no legislated educational or training criteria r equired for persons who teach our children in Berm uda’s schools. As per the Act, not only must these persons meet the cri teria in order to be registered as educators, but it is unlawful for persons not registered by the BEC or exempted by the Minister of Education to
teach in schools.
Mr. Speaker, the BEC is a corporate body, not
a government authority as defined in the Government Authorities (Fees) Act 1971. It is funded by registr ation fees, but the Minister also may provide a grant.
The Act also establishes the Exemption Committee,
which is a public authority because it performs a public function on behalf of the Minister; namely, it advi ses the Minister on whether to grant exemptions to
persons to allow them to teach in schools.
As per section 5(1) of the Act, and I quote,
where “there is a need in schools in Bermuda for per-sons who possess knowledge of, and skills in, par ticular subjects taught at schools,” (the Minister) may by order exempt . . . —
“(a) a specified person; or
“(b) persons falling within specified classes;
who possess such knowledge and skills.”
In order to allow that person or persons to
teach in schools without meeting the registration r equirements of the Act, this statutory decision- making
power requires the Minister to act on the advice of the Exemption Committee, which consists of five me mbers, two of whom must be registered educators nominated by the BEC. Exemptions are given in circumstances where there is a shortage of available regi stered teachers or paraprofessionals for areas of
teaching or support needed in Bermuda’s schools.
Mr. Speaker, the first recorded Bermuda Ed ucators Council Exemption Order is dated 2011, where
23 persons were exempted across a range of subjects
including English, Motor Mechanics, Music, Spanish,
Physical Education, Art, Math, Science and Special
Education. I am advised by technical officers and can
attest from my own experience that efforts were put in place to decrease the number of exemptions granted.
This is in line with ensuring that, with very limited exception, all students are supported by appropriately
educated and trained teachers and paraprofessionals. This has i nvolved putting conditions in place that r equired exempted persons to pursue and make conti n142 2 December 2022 Official Hansard Report

Bermuda House of Assembly uous progress toward completing teacher or
paraprofessional training.
There are now teacher training programmes
offered by the Bermuda College and scholarships
provided by the Ministry of Education to assist future
qualified educators to complete their education and
become registered educators. The latest Bermuda
Educators Council (Exemptions) (2022 to 2023 School
Year) Order 2022 provides exemptions for only seven
persons to teach for the current school year, and conditions were attached to each exemption.
Mr. Speaker, it is unfortunate that it was only
recently discovered that the fees that have been paid
to the Exemption Committee since at least 2011 were
not prov ided for by the BEC Act or the Government
Authorities (Fees) Act 1971. It has been over 10 years
since fees were first paid to Exemption Committee
members, and I can only speculate as the Act was
passed and came into force in 2002. But the first E xemption Order was not passed until 2011 and assumption was made that the Exemption Committee
was covered by the Government Authorities (Fees)
Act 1971.
It should be noted that these fees were paid
over the years under various Administrations and Mi nisters of Education.
Mr. Speaker, this Bill therefore seeks to ensure that the Exemption Committee fees are covered by legislation. It also specifies that where before the
commencement of this Bill, fees paid to members of
the Exemption Committee shall be deemed to have
been validly paid. As various board and committee
fees are paid under the same budget cost centre and the payments are made for a period exceeding 10
years, the Ministry of Education cannot give specific
amounts of funds that have been paid to date. Ho wever, I can say that there has been an Exemption
Committee in place annually since 2011 consisting of five members who met a few times per year at a cost
of $50 per meeting.
The Ministry of Education budgets annually
for the Exemption Committee, and therefore the anti cipated fees for the current fiscal year have already been budgeted. Mr. Speaker, I hope that the Honourable Members will accept my understanding that this
was an oversight, and I welcome their support in rect ifying this matter at hand. Thank you, Mr. Speaker.

Thank you, Minister.
Does any Member wish to speak on this Bill?

Hon. Michael H. Dunkley: Yes. Thank you, Mr.
Speaker. And I thank the Honourable Minister for his explanation and a bit of background. I do accept that it
was an oversight and am pleased that we are bringing
it here today.
A few questions for the Honourable Minister.
With the time that I have spent in these Honourable
Chambers, I am aware that these oversights can take place from time to time. And it is [good] th at we have
caught this one. And also, I think it takes some co mfort in knowing that the fee structure, $50 a meeting, is
certainly quite reasonable in terms of people’s time
and how much time they might spend.
A couple of questions to the Honourable Mi nister. The Honourable Minister did mention that in
2011 there were 23 exemptions granted; in 2022 there were 7 exemptions granted. Were there exemptions
granted in years in between that that have not been
covered in this?
Can the Honourable Minister give some bac kground, what type of exemptions are granted? What
type of skill set seems to be something that is not
covered by the standard Bermuda Educators Council
requirements?
In regard to the board, Mr. Speaker, the Honourable Minister did say that there w ere five members
sitting on the board. Can the Honourable Minister —
(and I will speak a little bit more slowly because he is writing down notes.) Can the Honourable Minister
please provide information on how long board me mbers actually sit? He did say that they sit a couple of
times of the year, and I assume that is based on need.
But how long do board members actually sit? What is
their tenure for sitting?
Mr. Speaker, in my time in politics, I am well
aware that there are people who fall outside of the category of being qualified to teach in our schools. So
I think that this Bill and the amendment today make
prudent good sense. Because we want to try to capture the best people we can to be with our children, to teach our children, spend some time with our children
and to mould them into successful adults with an op-portunity to succeed in a very difficult world.
So, a question, Mr. Speaker, is the trend from
23 applicants who were approved in 2011, to 7 in
2022 —does that signal, Minister, that there are fe wer
approvals being given? Or are more people getting
qualified as appropriate and they do not require these
exemptions, Mr. Speaker? We know education is a
very difficult field right now because the challenges
have certainly changed as our world has changed.
And I want to take this opportunity ––I often do
not speak to education because we have other Mem-bers on this side who speak to it ––but I want to take
this opportunity to thank all of the professionals within
the Education Department for the work that t hey do. It
has changed throughout the years where now it really
is a 24/7 job because it is not just the time here at
school; it is the time before you go to school; it is the time at the end of the school day; and it is certainly
time on the weekend whether you are preparing for
school or cleaning up after and getting ready for the
next school day, Mr. Speaker. It is a tremendous r esponsibility. It is one that you cannot be fully qualified in every area because there is always a new cha llenge that will com e to you.


Bermuda House of Assembly And so, I applaud the individuals, the hu ndreds of individuals who are involved in our system in
Bermuda. And I would like to take this opportunity to
see other young people who are studying get involved
in education. Because there is nothing bet ter, from
what I am told, in years gone by when you see som ebody you have taught grow up, become successful,
and are raising a family and getting on with life and
enjoying life. That is what it is all about, Mr. Speaker.
And I think there is a glaring need to get more people
involved in education because it can be a thankless
task. But the most important thing about it is the grat itude of raising our children.
So, Mr. Speaker, I thank the Honourable Mi nister for coming today. And we certainly have no i ssues with this amendment today. It is something that
does not happen often in politics, but I am glad we catch it. And in this case, the fees over time cannot be
that much. And I would assume, Minister, that most of
those fees are already budgeted for anyway. So it is
not something outside of the budget process. So
thank you, Mr. Speaker. And I thank the Honourable
Minister for answering the questions.

Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker,
and I thank the Honourable Member for mentioning
some of those things, especially talking about the pr ofessionalism of the teaching profession.
I want to echo his comments about our teac hers. And as the years have gone by, there have been
a lot more specialisms coming to play. So we are finding a lot more teacher s are coming into the system
already specialised in certain things. As I spoke to it in
the brief, the Bermuda Educators Council Act was
brought into force in 2002. But it was not fully int egrated until 2011. So what we have is —and to answer
the questions, I honestly do not know how many persons have been exempt between 2011 and now. But we have mentioned we knew how many [there] were
the first time, and we know how many we did this
year.
And one of the questions you had asked
about was the background for these exemptions.
What we find is that there is a shortage of teachers,
period, worldwide. But what we also find in Bermuda
in particular is there are shortages of music teachers, art teachers and in some occasions physical educ ation teachers. So, what the exemption was put in
place for was to allow certain things like—for example, you have persons who teach music outside of the
school system. But they have not done what we would
call a practicum to become a teacher. In order to be
licensed by the BEC, you must have both a degree
and you must have shown that you have done a trai ning practicum, which I believe is around three months
of teaching in a school. So, the exemption allows us to bypass those criteria to allow them to go in front of the
classroom. What we have put in place now is anyone who
is applying for the criteria also has to show that they
are demonstrating progress toward their practicum
because you have to have a bachelor’s degree in order to get an exemption. But we are putting things in place to show that they are making progress toward
completing their practicum. So, they can just be regi stered as a teacher, and they do not have to do that. So that is when we talked about agreements we have
with the Bermuda College and agreements with se veral universities so persons who want to go into the
teaching field, there are opportunities locally to do
your practicum and become a registered teacher if
that is the direction you want to go. But the exemption
has allowed us to fill those gaps in some of t hose ar eas.
And you saw this morning I laid for the House
the negative resolution which exempted . . . and if you
go on there it actually shows what topics, what subject
areas those teachers are being exempted in. I believe
the bulk of them are music this year, music. Normally
it is specialised things like music, Spanish, English as
a second language and certain things like that.
The other question you asked is, five me mbers, How long do they sit? And I will take that in two parts. The tenure is a one -year tenure, and they get
appointed year after year. But they sit approximately around nine times a year in total.
You asked the question about, How are you
qualified to teach? What are the qualifications? And
are fewer approvals being given, or are there more
qualified persons? I think I sort of answered that in the beginning. We are finding persons are being more
qualified. We are also much more sophisticated in
how we give out scholarships. I know when I first became Minister, we were still giving scholars hips to
persons to go and study to —we have one scholarship
called Teacher Training Awards. But Teacher Training
Awards were being given out, but these persons were coming back to Bermuda not qualified to get licensed.
So those are the things we are fixing now. We have
fixed [them]. So you have to demonstrate your inner
programme that when you finish you will be able to be
licensed. We are eliminating persons who are going
off to school and not going into the programmes they should be going into. There is a lot more mentorship
along with that as well.
I think it is also worth mentioning, Mr. Speaker, that the next signature schools that we plan to bring on board in September 2023 involve education
services. Because we are looking at how we can start to build our education force at the high school level.
So, when they go into high school, they are already
interested and they are being trained.
The other thing that the Honourable Member
mentioned, but inadvertently mentioned, is part of the
signature learning programme and our revised strat egy in teaching is that our teachers were doing what we
call externships . We are having them with our bus i144 2 December 2022 Official Hansard Report

Bermuda House of Assembly ness partners that we are signing MOUs with. And the
teachers, how you would have students going and
doing internships a t companies, we are having teac hers going to do that so they can actually learn what is happening at those particular companies. So, when they do teach in the classroom, they have a better
understanding of what it is and how to relate what
they are trying to teach to what industries. So that is
one thing that we are doing to help to improve our
teachers as well.
So, Mr. Speaker, I just want to say as we continue with education reform we are noticing anomalies like this throughout all of the various bits and pieces of
legislation. The idea is that eventually all of this stuff
will be completely revamped and we will have a com-prehensive Education Act that will cover what we are
talking about now, school reform, the Education A uthority, the BEC. And all of these things will be co vered under one large Act if we can. But right now, we
have probably got about six or seven Acts in various
stages of usefulness, because some date back and have not been touched in decades and some have
been tweaked as we go along.
There are a lot of things that we are doing,
including revamping the system; we are also looking at the legislation. So, I would like for us to do this all at
once. But as these individual things come up, we will continue to just amend them as need be. And w ith
that, Mr. Speaker, I move that the Bill be committed.

Continue, Minister.
Hon. Diallo V. S. Rabain: Mr. Chairman, this Bill
seeks to amend the Bermuda Educators Council Act 2002 in respect of fees payable to members of the Exemption Committee appointed by the Minister r esponsible for Education under section 6 of that Act,
and to make a consequential amendment.
Clause 1 is self -explanatory.
Clause 2 amends section 6 of the principal
Act to provide for fees to be paid to members of the
Exemption Committee.
Clause 3 makes a consequential amendment
to the Government Authorities (Fees) Act 1971 by i nserting an entry into Part B of the First Schedule to
that Act relating to the Exemption Committee.
Clause 4 validates the payment of fees to
members of the Exemption Committee, purportedly
paid under the Government Authorities (Fees) Act
1971.

It has been moved that the Bill be
reported to the House as printed.
Are there any objections to that?
There appear to be none.
The Bill will be reported to the House as printed.

[Motion carried: The Bermuda Educators Council
Amendment Act 2022 was considered by a Commi ttee of the whole House and passed without amendment.]


Bermuda House of Assembly Hon. Diallo V. S. Rabain: Thank you, colleagues,
and thank you, Mr. Chairman.

Members, are there any objections to
the Bill entitled the Bermuda Educators Council
Amendment Act 2022 being reported to the House as
printed?
There are none.
The Bill has been reported to the House as
printed.
Members, it is now 12:30, and I think we will
do the appropriate thing at this time.
Deputy Premier.

Hon. Walter H. Roban: Yes.
Mr. Speaker, I move that we adjourn for lunch
until 2:00 pm.

Just for the listening audience, this
morning before we broke for lunch, we had completed
the first three items on the Order Paper. The Customs
Tariff Amendment [(No. 4)] Act [2022] was done. We
did the second readi ng of the Fuels Amendment Act
[2022] and then we completed the Bermuda Educ ators Council Amendment Act [2022]. The next two items we have on the Order Paper would be under the
Minister of Economy and Labour. The Bills need to be introduced. Someone is
going to have to introduce the Bill if the Minister is not here.

[Crosstalk]

Are there any objections?
There are none.
Proceed.

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 Hono urable House of A ssembly 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 unrestricted period of residence of visitors to Bermuda.
Mr. Speaker, to avo id any confusion, the Bill
assists in making clear in the Bermuda Immigration and Protection Act 1956, section 28(2), that the unrestricted period of residence for visitor s to Bermuda,
will be six months from the date that 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 for 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 count anew for another six -month period.
Mr. Speaker, monitoring visitor stays comes
under the direction, remit of the Compliance section of the Department of Immigration, aided by the new Border Management System.

I don't think we have a quorum.

146 2 December 2022 Official Hansard Report

Bermuda House of Assembly The Speaker: You are correct, for the time being,
which means we will start a process.
Minister, the Member has brought to our attention that we do not have a quorum at the moment.
So, we are going to give the appropriate time and it is
. . .
Is it two minutes?

The Deputy Clerk : Five minutes.

And again, for the listening audience,
at any time that [there is a call for] a quorum the
House has to acknowledge that call for a quorum. A
quorum is 14 Members, and we have five minutes to
secure 14 Members in the House. If not, the House
will adjourn for the rest of the day.
So, Members, who are within a listening ear, if
you are not present, I suggest you put on your sneak-ers and run to this direction.

Member, if your Members [who] are not
in this Chamber wish for the House to continue today,
they need to be here before 10 minutes after 2: 00. So,
if they have a pair of sneakers, I suggest they put
them on and get here swiftly. So, listening audience, if you hear silence
over the airways right now, it is only because we are waiting for that quorum to . . . that period to expire.

[Pause]

ADJOURNMENT

Members, we can all confirm with our
clocks that it is now 10 minutes after 2:00. We started
this exercise at five minutes after 2:00. At 10 minutes
after 2:00, we have allowed the allotted time for the
quorum and that quorum has not been met. So, the
House now stands adjourned until Friday next at —
Hon. Walter H. Roban: Mr. Speaker, the House now
stands adjourned until December 9 at 10:00 am.