The Premier announced that government finances are performing better than expected, with the deficit projected at $95 million instead of the original $125 million estimate. He also introduced new legislation giving the Bermuda Monetary Authority power to regulate banking fees, warning banks to voluntarily reduce excessive charges or face government limits. Additionally, the government approved a 2.75% increase in social insurance pensions for about 10,000 seniors, which will be backdated and include lump sum payments.
Government financial performance update - deficit better than expected at $95 millionNew banking regulations to control excessive fees charged by local banksSocial insurance pension increases of 2.75% for seniors, backdated to August 2021Consumer Affairs annual report covering COVID-19 impacts on consumersLegal Aid Office operations and services for low-income Bermudians
Bills & Motions
Banks and Deposit Companies Amendment Act 2022 - tabled for first reading
Bermuda Monetary Authority Amendment Act 2022 - to be debated later in the session
Contributory Pensions (Amendment of Benefits) Order 2022 - tabled to implement the 2.75% pension increase
Tourism Investment (Cambridge Beaches Resort and Spa) Order 2022 - tabled
Public Health (COVID-19) Emergency Extension (No. 5) Order 2022 - tabled
Notable Moments
Premier warned local banks that if they don't voluntarily address "escalating fees" and charges "outside of global norms," the government will act to impose limits on banking fees
Government's fuel price freeze is saving families $23 every time they fill up their car tank, with prices 25% lower than they would be without intervention
The session began with a moment of silence for former MP Stuart Hayward who recently passed away
Debate Transcript
544 speeches from 30 speakers
The SpeakerThe SpeakerMembers, we will now start the Order today. The Minutes from the 17th of June have been circulated. Are the re any amendments required? No amendments. The minutes will be [confirmed as printed]. [Minutes of 17 June 2022 confirmed.] MESSAGES FROM THE GOVERNOR Th e Speaker: There are none. ANNOUNCEMENTS …
Members, we will now start the Order today. The Minutes from the 17th of June have been circulated. Are the re any amendments required? No amendments. The minutes will be [confirmed as printed]. [Minutes of 17 June 2022 confirmed.] MESSAGES FROM THE GOVERNOR Th e Speaker: There are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGY Th e Speaker: The announcement this morning is that we have received notification from MP Tyrrell that he will be absent today. OMBUDSMAN BERMUDA ANNUAL REPORT FOR 2021 Th e Speaker: We also announce that the Ombudsman Bermuda Annual Report for 2021 has also been received by the House MESSAGES FROM THE SENATE Th e Speaker: There are none. PAPERS AND OTHER COMMUNIC ATIONS TO THE HOUSE Th e Speaker: This morning we have five such, and the first is in the name of the Premier and Minister of Finance. Premier, would you like to present your paper at this time? Ho n. E. David Burt: Good morning to you, Mr. Speaker. Th e Speaker: Good morning. CONTRIBUTORY PENSIONS (AMENDMENT OF BENEFITS) ORDER 2022 Ho n. E. David Burt: Mr. Speaker, I have the honour to attach and submit for the consideration of the Hon-ourable House of Assembly the Contributory Pensions (Amendment of Benefits) Order 2022, proposed to be made by the Minister of Finance in exercise of the 1470 1 July 2022 Official Hansard Report
Bermuda House of Assembly powers conferred by section 37 of the Contributory Pensions Act.
The SpeakerThe SpeakerThank you. The next is in the name of the Madam Attorney General. Madam Attorney General, would you like to present yours? Hon. Kathy Lynn Simmons: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. CONSUMER AFFAIRS ANNUAL REPORT JANUARY 1 , 2019– DECEMBER 31, 2021 Hon. Kathy Lynn Simmons: Mr. Speaker. I have the honour to attach and submit for the information of the Honourable House of Assembly the Consumer Affairs Annual Report January 1st, 2019 to December 31st, 2021. LEGAL AID …
Good morning.
CONSUMER AFFAIRS ANNUAL REPORT JANUARY 1 , 2019– DECEMBER 31, 2021
Hon. Kathy Lynn Simmons: Mr. Speaker. I have the honour to attach and submit for the information of the Honourable House of Assembly the Consumer Affairs Annual Report January 1st, 2019 to December 31st, 2021.
LEGAL AID ANNUAL RE PORT 2020– 2022
Hon. Kathy Lynn Simmons: And the Legal Aid A nnual Report 2020 to 2022.
The SpeakerThe SpeakerThank you for doing both. The Minister of Tourism. Hon. Vance Campbell: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. TOURISM INVESTMENT (CAMBRIDGE BEACHES RESORT AND SPA) ORDER 2022 Hon. Vance Campbell: Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Tourism Inves tment (Cambridge Beaches Resort and Spa) Order 2022, as made by the Minister responsible …
Good morning.
TOURISM INVESTMENT (CAMBRIDGE BEACHES RESORT AND SPA) ORDER 2022
Hon. Vance Campbell: Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Tourism Inves tment (Cambridge Beaches Resort and Spa) Order 2022, as made by the Minister responsible for Tourism under section 3 of the Tourism Investment Act 2017 together with the written agreement of the Mini ster of Finance in the exercise of the power conferred by section 5 of the Tourism Investment Act 2017. Thank you, Mr. Spe aker.
The SpeakerThe SpeakerThank you, Minister. Thank you. The next communication this morning is from the Minister of Health Minister. Hon. Kim N. Wilson: Good morning. Mr. Speaker.
The SpeakerThe SpeakerGood morning. PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION (NO. 5) ORDER 2022 Hon. Kim N. Wilson: Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Public Health (COVID -19) Emergency Extension (No. 5) Order 2022 proposed to be made …
Good morning. PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION (NO. 5) ORDER 2022
Hon. Kim N. Wilson: Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Public Health (COVID -19) Emergency Extension (No. 5) Order 2022 proposed to be made by the Minister of Health in exercise of the power conferred by section 107A of the Public Health Act 1949.
The SpeakerThe SpeakerThank you, Minister. Thank you, all Ministers, for the papers and communications this morning. We will now move on. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerMembers and listening audience, we have 14 such statements this morning, and we are going to begin with the first by the Premier and Mini ster of Finance. Premier, would you like to present your Statement this morning? Hon. E. David Burt: Good morning. Mr. Speaker.
The SpeakerThe SpeakerPremier, one second before you start. Members, just as a bit of housekeeping, I a nnounced earlier to you before we started, but for those who may not have been on at t hat time, there is a problem with the SharePoint right now where you would normally find the …
Premier, one second before you start. Members, just as a bit of housekeeping, I a nnounced earlier to you before we started, but for those who may not have been on at t hat time, there is a problem with the SharePoint right now where you would normally find the documents. So we are making sure all the documents are going to be put up on the parliamentary website as they are released. As the Statements are being put out, t hey will go on this site so you can view the Statement. But if we can get the SharePoint up and running during the day, we will notify it is up. But at the moment we are working on tr ying to resolve the technical glitch. But the information will be accessi ble on the website. Premier, continue. Hon. E. David Burt: Thank you. Mr. Speaker. Can you hear me loud and clear?
The SpeakerThe SpeakerLoud and clear. FINANCIAL PERFORMANCE UPDATE Hon. E. David Burt: All right, thank you very much. Mr. Speaker I rise (though I am seated in the Cabinet Chamber as we are not yet back in the House, but I Bermu da House of Assembly rise) to provide an update on …
Loud and clear.
FINANCIAL PERFORMANCE UPDATE
Hon. E. David Burt: All right, thank you very much. Mr. Speaker I rise (though I am seated in the Cabinet Chamber as we are not yet back in the House, but I
Bermu da House of Assembly rise) to provide an update on the government’s fina ncial performance for fis cal year 2021/22 which highlights continued signs of the strengthening economy despite the considerable challenges we continue to face as a country. As highlighted in previous Stat ements, the revised estimate produced following the onset of COVID -19 antici pated a deficit of $245.5 mi llion for fiscal year 2020/21. However, once the actual results were tabulated, the deficit for the 2020/21 year stood at $184.2 million, showing a $61.3 million i mprovement from original estimates.
[Inaudible interjections]
Hon. E. David Burt: Mr. Speaker, someone’s micr ophone is not muted. Sorry. Mr. Speaker, the following fiscal year 2021/22 original estimates presented in the Budget Statement anticipated a budget deficit of $125 million. When the 2022/23 Budget Statement w as presented, the updated forecast indicated that revenues had increased by approximately $31.5 million to $1.03 billion with expenditures estimated to increase slightly for an updated deficit of $117 million. As additional information has now become avail able, estimates have been further adjusted to reflect a further $32 million increase in revenues and a corresponding $8 million increase in expenditure. Therefore, compared to the original 2021/22 as presented in the budget, the updated 2021/22 for ecast anticipates an overall $30 million improvement in the deficit to $95 million, with the revenues estimated to be $63 million higher than initially forecast and overall expenditures $32 million (of which $21 million were unanticipated COVID -19-related expenses ). For the current fiscal year, notwithstanding anticipated losses in revenue from the Aircraft Regi stry due to the fallout from the Russia– Ukraine war, the government’s updated revenue estimates ––relating primarily to better -than- anticipated cruise and ho tel occupancy levels ––project that the government will still be able to meet our deficit targets. This updated forecast is encouraging given the war’s severe impact on global economies. Mr. Speaker, as the information provided above highlights, we are in a better financial position than anticipated in February when Bermuda’s national budget was presented. The increases in revenue in key areas such as stamp duty, corporate services tax and vehicle licence fees, as well as immigration r eceipts, have been significant. In addition, the gover nment received approximately $5.5 million from the Bermuda Monetary Authority, part of their operating surplus (which I had shared with Honourable Members earlier in this session) that had not been included in our revised bud get estimates. Expenditures remain broadly in line with the revised February estimates, although up from our ini-tial estimates in areas such as COVID -19 expenditure, urgent capital expenditures including additional funds for urgent repairs of Tynes Bay and an additional $20 million due to Skyport for the minimum revenue guarantee that this Government inherited from the former Administration. Mr. Speaker, the prudent fiscal management policy this Government has committed to and followed since the election in 2017 continues to be a positive factor for this economy. We committed to reduce the budget deficit and moving toward a balanced budget. Our 2019 projections saw us with a deficit of only $7.4 million. However, the failed Morgan’s Point project inherited [ from] the former Administration and the u nexpected onset of the global COVID -19 pandemic r equired us to take significant measures. These measures not only protected the health and well -being of our residents, but also provided relief and financial support to Bermudians as evidenced by the unemployment benefit payments of up to $500 per week to over 10,000 residents severely impacted from the fal lout from this pandemic. Mr. Speaker, despite the challenging period, we also took steps to mitigate somewhat the financial and economic impact of this awful scourge which af-fected so many people around the globe. Thus, as noted previously, with a projected deficit of $245.5 million, our ultimate position at the end of March [2021] was $184.2 million. Throughout the 2021/22 fiscal year, the Government continued to prudently manage expenditures while taking specific actions to build the revenue base for both the short and the long term through the delivery of Bermuda’s Economic R ecovery Plan. The impact of those actions can be seen as our updated estimates anticipate a lower deficit than expected just four months ago. The development of the Economic Recovery Plan was a recognition that, in light of the challenges caused by COVID -19, we needed to take specific action to ensure financial st ability and growth. The Honourable Minister of Econ omy and Labour will shortly update this Honour able House on the Government’s continued implement ation of the initiatives contained in Bermuda’s Economic Recovery Plan. Mr. Speaker, Berm uda has enjoyed significant benefits over the years from the work that has built a world -class insurance industry based in Bermuda. The contributions made by this sector to our economy are well documented. In fact, during the pandemic, the resilience of this sector helped to support the economy and offset the significant damage done to the tour-ism and hospitality sectors. Initially, Bermuda’s focus was on the captive insurance market, and then we expanded to develop a significant property and casualty market. More recently, we have seen considerable growth in speciality insurers and the long- term insurance market, which has been beneficial to Bermuda. However, as part of our economic strategy to grow our economy in a pr u1472 1 July 2022 Official Hansard Report
Bermuda House of Assembly dent and considered way, we have alrea dy started expanding into other sectors to diversify our revenue base. In Bermuda, recognising the opportunities that could exist in the digital asset space, we built an infr astructure that would attract digital asset businesses that wished to be based in a jurisdiction with a robust regulatory regime and encouraged innovation. That sector has already seen significant growth, as Berm uda now has 15 licensed digital asset businesses, with more companies in the pipeline. Additionally, there are currently seven licensed innovative insurers in Bermuda who are leading the charge as we witness the beginning of convergence between traditional insurance and digital finance. As we continue to expand our international business sector and see continued growth in existing and new industries, we are experiencing positive r esults in our economy. For example, jobs have grown in the international business sector by 10 per cent over the last two years, increasing from 4,020 jobs to 4,411, with a majority of the additional posi tions being filled by Bermudians. Mr. Speaker, last Friday I visited two new companies in Bermuda who in the previous years have employed 19 Bermudians, with plans to expand their office staff further. These new jobs are concrete proof that our economic di versification strategy is d elivering positive results for Bermudians. The results of the successful execution of this strategy are reflected in our better -than- expected revenue numbers that I share with Honourable Members today. Mr. Speaker, Bermuda’s strong performance and the decisive and prudent actions taken by the Government to manage a once- in-a-century pandemic have been evaluated by independent rating agencies. These agencies have maintained Bermuda’s strong ratings at pre- COVID -19 levels and have assessed Bermuda’s outlook to be stable. These confirmed ratings are certainly a positive for our Island and are an external validation of this Government’s solid and effective management of the economy. It also augurs well for the future. Mr. Speaker, the strength of the international business sector and its significant contribution to our econ omy must translate to relief for those Bermudians who are not in international business. Bermudians in all walks of life, whether employed by international business or other wise, have contributed to the positive environment in Bermuda, allowing international companies to build successful businesses here. Ther efore, we want to ensure that the benefits are shared in a way that will positively impact the lives of our res idents w hile continuing to ensure that Bermuda r emains an excellent place to do quality business. Mr. Speaker, in the Budget Statement r eleased in February 2022, it was promised that half of any amount better than budget targets would be d irected toward relief to ease burdens related to Bermuda’s high cost of living. This Government will be true to that pledge we made in February by bringing a package at the next sitting of the House that will deli ver on our promise of more relief to come . Mr. Speaker, in this fisc al year, this Gover nment has already provided relief by further reducing the payroll tax paid for persons making less than $96,000 a year. We have reduced vehicle licensing fees and ensured charities could receive land tax r elief. Supplemental unemployment benefits have been extended for persons significantly disadvantaged by COVID -19, and land tax relief has been given to regi stered care homes. Hotels and restaurants, whose i ncome was reduced considerably by the COVID -19 restrictions have had their payroll tax concessions extended to help rebuild the critical tourism and hospitality sector. We have also extended new hire relief to encourage the expansion of local and international business. Mr. Speaker, since the budget was delivered, this Government ensured that fuel prices at the pump have been maintained at February 2022 levels, d espite the significant increase in global prices, primarily due to the Russia– Ukraine war. This price freeze of gasoline saves $23 on the average- sized car tank every time it is filled up. Mr. Speaker, I want to repeat that: This price freeze of gasoline saves the average family in this country $23 per fill -up of their vehicle. If it were not for the actions of this Government, prices at the pump would be 25 per cent higher today than they were in February. This action is helping families, taxi operators, tour operators and local businesses. The additional relief to be announced on July 15 will su pport working families by putting more money back in their pockets, support households in reducing electricity bills, and will also reduce the cost of essential food items. Mr. Speaker, as I noted in a previous Stat ement given to this Honourable House, there are limits to the support that the Government can provide, as it is vital for Bermu da’s economic future that the Go vernment meet its budget targets. With global inflation set to continue for the foreseeable future and a gro wing number of economists predicting a recession in the world’s largest economy and our largest trading partner, the United States, all residents must be wise with their spending choices. These are uncertain ec onomic times, especially as we cope with rebuilding our economy following the coronavirus pandemic. This government will remain fiscally prudent while also d elivering the relief many Bermudians need. Mr. Speaker, it is up to all of us in this Honourable House and on this Island we call home to work together to ensure that Bermuda’s economy works for all. The continued delivery of Bermuda’s Economic Recovery Plan has been beneficial to Bermuda, and this Government will work to ensure that we do everything we can to minimise the impact of global events on our economy while providing relief to
Bermu da House of Assembly workers to ensure this economy works for all Berm udians. Thank you, Mr. Spea ker.
The SpeakerThe SpeakerThank you, Mr. Premier. Premier, the next Statement is also in your name. Would you like to do your second Statement now? Hon. E. David Burt: Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerGo ahead, then. BANKS AND DEPOSIT COMPANIES AMENDMENT ACT 2022 Hon. E. David Burt: Mr. Speaker, I am pleased today to table the Bill entitled the Banks and Deposit Companies Amendment Act 2022 [the A mendment Act]. The primary purpose of the Amendment Act is to pr ovide the Bermuda …
Go ahead, then.
BANKS AND DEPOSIT COMPANIES AMENDMENT ACT 2022
Hon. E. David Burt: Mr. Speaker, I am pleased today to table the Bill entitled the Banks and Deposit Companies Amendment Act 2022 [the A mendment Act]. The primary purpose of the Amendment Act is to pr ovide the Bermuda Monetary Authority (the Authority) with an express power to issue codes of conduct in relation to the manner in which an institution conducts deposit -taking business. In addi tion, the amendments will allow for the regulation of banking fees, similar to provisions that exist in other major countries. This is also seen as an important provision to enhance consumer protection in this area. Mr. Speaker, far too many Bermudians c an, unfortunately, tell stories from their own experience or from close friends and family who have felt the wrath of local banks increasing fees at a moment’s notice, leaving Bermudians to simply accept it. Such dec isions by our local financial institutio ns have contributed to the cost of living in this country, and while banks continue to improve their bottom lines, it is not lost on this Government that much of [that] comes at the expense of the people of Bermuda. Mr. Speaker, this Government’s position on this matter has been consistent as evidenced in the 2013 Progressive Labour Party Budget Reply, where I then stated (and I quote, Mr. Speaker), “certain fees at local banks punish and compound distress for those in financial difficulty. One key issue is credit card over - the-limit fees, which is difficult for the average consumer to grasp, given credit cards have limits ; howe ver, Bermuda banks allow customers to exceed their limit and then charge a fee every time they do, with fees sometimes far exceedi ng the transactions that triggered the fees. This punitive practice has been addressed in many jurisdictions with regulations r estricting a bank to one over -the-limit charge per billing cycle. We call on the Minister of Finance to direct the BMA [Bermuda Monetary Authority] to put an immediate end to this practice in our local banks.” [UNVER IFIED QUOTE] Mr. Speaker, since the former Government was unwilling to put measures in place to protect the people of Bermuda from unjust banking practices that have l ong since been outlawed in other jurisdictions, this Government will keep its promise as laid out in its election platform and take the action that voters demand. Mr. Speaker, though some local banks have adopted to global norms of limiting over -the-limit fees to one charge per billing cycle, there are still some local banks that have not. Additionally, some banking fees at local banks have increased by 400 per cent over the last three years alone, which drains the purchasing power of everyday Bermudians as more of their hard- earned money goes to banking fees. Mr. Speaker, I understand that banks globally have resorted to fee income to supplement declining interest income while global interest rates were at hi storically low levels. But as interest rates inc rease, it is imperative for the Government to act to protect con-sumers. Mr. Speaker, last week I relayed the position of the Government to the Bermuda Bankers Associ ation, and it is my hope that they will collectively address the escalating fees and also address the char ges that are outside of global norms. However, Mr. Speaker, as I told them last week —and I will tell this Honourable House and the people of Bermuda t oday—if they will not act, then this Government will act in the interest of consumers in Bermuda by introduc-ing limits on banking fees to ensure fair access to banking services. Bermuda’s residents deserve no less that fair access to banking services, and they should not be disadvantaged by punitive fees when compared to residents in other jur isdictions. Mr. Speaker, this legislation will allow the A uthority to ensure banking institutions are appropriately complying with [consumer] protection requirements and promoting better and fairer treatment of their customers. Conduct matters in relatio n to financial instit utions have been the subject of numerous discussions throughout the community. The changes proposed in this Bill are seen as a positive enhancement to the powers available to the Authority and the Minister to ensure that matters relati ng to the protection of customers are given appropriate consideration by entities in this sector. Mr. Speaker, following discussions with the Ministry and extensive consultation with relevant stakeholders, including the general public, the new regime is intended to build upon existing conduct r equirements and will be based on the standards set down by the Bank for International Settlements, the OECD, and the G20 High- Level Principles on Fina ncial Consumer Protection. Mr. Speaker, [ we have] conducted a jurisdictional review and noted that some jurisdictions have the same regulators having responsibility for prudential and conduct supervision, while others have all ocated the responsibility for prudential regulation to a different agency from the one responsible for protection of consumers and financial markets. Given the scale of the Bermuda financial services market, it is feasible for the Authority to assume the conduct of 1474 1 July 2022 Official Hansard Report
Bermuda House of Assembly business mandate alongside its prudential responsibi lities. Mr. Speaker, this legislation will allow the A uthority to have a focus on ensuring the institutions are appropriately complying with consumer protection r equirements. To complement the Authority’s work in this area, the customer -facing component will be addressed through a fit for purpose regime, which will come under the Consumer Affairs Department. Mr. Speaker, the Bill entitled the Bermuda Monetary Authority Amendment Act 2022 will be d ebated in this Honourable House later today. The pur-pose of that Bill is to provide the Authority with an additional principal object relating to the Authority’s having oversight of the conduct of business by financial institutions for the purpose of promoting the protection of consumers using products and services provided by financial institutions. This is an important change to the Authority’s mandate which recognises that consumer protection is now a core function of the Author ity and will reinforce the changes to be made by this Bill. Mr. Speaker, addressing these matters will be benefic ial to the community as a whole. Residents expect to have fair access to banking services, and I therefore look forward to providing more details on this Bill as we go through the legislative process. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premi er. Premier, the third Statement is also in your name. Hon. E. David Burt: Absolutely, Mr. Speaker.
The SpeakerThe SpeakerThank you for presenting that one at this time as well. Hon. E. David Burt: No problem, Mr. Speaker. The Government has been busy on deliver ing on its ele ction promises. I will deal with my third Statement, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. KEEPING OUR PROMISES: INCREASING PENSIONS TO KEEP UP WITH INFLATION Hon. E. David Burt: Thank you, sir. Mr. Speaker, in this Government’s 2017 election platform this Government pledged to put our seniors first with initiatives such as annual cost of living increases for social insurance pensions at …
Go right ahead.
KEEPING OUR PROMISES: INCREASING PENSIONS TO KEEP UP WITH INFLATION
Hon. E. David Burt: Thank you, sir. Mr. Speaker, in this Government’s 2017 election platform this Government pledged to put our seniors first with initiatives such as annual cost of living increases for social insurance pensions at the rate of inflation . And I am pleased to announce today that it is a commitment that this Government will continue to uphold. Mr. Speaker, this Government remains f ocused on improving the quality of life of our seniors and lessening the hardships that they endure. Ther efore, in accordance with section 37 of the Contributory Pensions Act 1970, earlier today I tabled the Contributory Pensions (Amendment of Benefits) Order 2022. Mr. Speaker, the purpose of the Order is to increase pensions and other benefits under the Contributory Pensions Act [1970] by 2.75 per cent. This increase will be backdated to August 16, 2021, as changes to benefits and contributions are typically made during that month. It is expected that this retr oactive payback will cost the fund approximately $4.4 million in the short term. However, as per the Go vernment Actuary, in the long term the 2.75 per cent increase in benefits would represent a small negative impact to the overall status of the fund. Mr. Speaker, the proposed 2.75 per cent i ncrease will raise the basic contributory pension from $1,077.14 to $1,106.75 per month and will also raise the maximum contributory pension from $1,564.18 to $1,607.19 per month. As the increase will be back - dated, the 10,000 residents receiving social insurance benefits will also receive a lump sum payment of up to $473 this year. This increase will mean that seniors will receive on an ongoing basis between an extra $355 to $516 each year. Mr. Speaker, the overall CPI [consumer price index] rat e increased by 0.5 per cent during the period from August 2019 to July 2020, and from 0.4 per cent from August 2020 to July 2021. Mr. Speaker, it is i mportant to note that there was not a pension increase that was put to the House for the 2020 year. So we did not do one last year, and that is the reason why these two matters are being combined. However, it was noted that the food component for the relevant periods increased 2.8 per cent and 2.3 per cent, r espectively. Given the importance of proper diets to the health and overall well -being of our seniors, it was determined by the Ministry of Finance that an increase above the prevailing CPI rate would be appropriate in the circumstances. This 2.75 per cent increase therefore fully c overs the overall rate of inflation, but also allows for some recognition of the specific impact on seniors on limited incomes due to the increase in food prices and also, Mr. Speaker, the delay in the government’s i mplementing pension increases as we must wait for the CPI figures to come out, and then we implement i ncreases afterwards. Mr. Speaker, the 2020 Actuarial Report for the Contributory Pension Fund was tabled in this Honourable House on February 4, 2022. The 2021 increase in benefits would normally be accompanied by a c orresponding increase in contributions. However, Hon-ourable Members and the public will however recall that in the 2018 Throne Speech, Government announced that Bermuda’s social insurance system will be changed from a fixed- rate contribution to one based on a percentage of income. Mr. Speaker, as stated previously when the 2020 Actuarial Report was tabled in February of this year, over the course of several months important
Bermu da House of Assembly work has been done on assessing the current state of the Contributory Pension Fund and to consider how to address funding gaps. The work consisted of develo ping a common set of facts around the fund's status, developing a preliminary set of recommendations, and engaging key stakeholders in our unions and our business community. Mr. Speaker, this Government was not elec ted to maintain the status quo. As such, the historic and unfair system that sees a CEO making $400,000 a year pay the same amount in contributions as a worker making $40,000 a year cannot and will not continue. Social insurance contributions based on a percentage of income is not a unique concept to Bermuda, as it has been implemented in many other countries around the world, including the United Kingdom 45 years ago. This change will increase the takehome pay of low -income workers while ensuring that our pension fund is sustainable for future generations. It is the right and proper thing to do. Mr. Speaker, in closing, this Government is proud of its record of delivering for our seniors. We kept our promise to increase the prescription drug benefit under Future Care. We kept our promise to build more affordable housing for our seniors. We kept our promise to expand the seniors’ care benefit under Future Care. We kept our promise to introduce a Charter of Rights and Responsibilities for our seniors. And today, Mr. Speaker, we are keeping our promise to increase Social Insurance to support the seniors of this Island. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. The next Statement this morning is in the name of the Attorney General. Madam Attorney General, would you like to present your Statement? Hon. Kathy Lynn Simmons: Yes. Thank you, Mr. Speaker, and good morning again.
The SpeakerThe SpeakerGood morning. CONSUMER AFFAIRS ANNUAL REPORT 2019– 2021 Hon. Kathy Lynn Simmons: Mr. Speaker, I am pleased to give this overview of the work of the D epartment of Consumer Affairs as detailed in the Consumer Affairs Annual Report 2019 through 2021 . Consumer Affairs, Mr. Speaker, is the designated …
Good morning.
CONSUMER AFFAIRS ANNUAL REPORT 2019– 2021
Hon. Kathy Lynn Simmons: Mr. Speaker, I am pleased to give this overview of the work of the D epartment of Consumer Affairs as detailed in the Consumer Affairs Annual Report 2019 through 2021 . Consumer Affairs, Mr. Speaker, is the designated government department assigned with the responsibi lity and authority to supervise, monitor and regulate businesses providing consumer goods and consumer services in or from within Bermuda in accordance with the Consumer Protection Act 1999, industry -specific legislation and any Ministerial Regulations or Directions. Consumer Affairs is mandated to protect consumers from unfair business practices, unconsciona-ble consumer representati ons and unsafe consumer goods pursuant to formal delegation. Consumer A ffairs’ legal authority includes the responsibility to s upervise, monitor and regulate landlord and tenant residential matters in accordance with the Rent Increases (Domestic Premises) Control Act 1978, sectoral legi slation and any ministerial regulations or directions. Following the enactment of the Debt Collection Act 2018 in October 2020, sectoral legislation and mini sterial regulations, Consumer Affairs has also been appointed with t he authority to supervise, monitor and regulate the commercial activities of registered debt collection agencies operating within Bermuda. In accordance with section 10 of the Consumer Protection Act 1999, the Consumer Affairs Board (the Board) has provide d the Minister with an annual report [the Annual Report] covering the regulatory and supervisory activities of Consumer Affairs for the 2019 –2021 calendar years. During the period of time covered in the Annual Report, Mr. Speaker, Consumer Affairs fell und er the remit of the Ministry of Home Affairs. As of April 2022, Consumer Affairs was formally relocated under the Ministry of Legal Affairs and Constitutional Reform and is now being presented to the House by the Minister of Legal Affairs and Const itutiona l Reform. Mr. Speaker, the Annual Report presented today, for information of Members, covers the many consumer issues that arose over the course of the COVID -19 global pandemic and highlights the regul atory and supervisory activities undertaken by the Board and the Consumer Affairs staff in response. It has been noted that Consumer Affairs has worked diligently in response to the COVID -19 global pandemic and continues to address consumer issues in an efficient and effective manner. The accomplis hments of Consumer Affairs from 2019 to 2021, as ou tlined in the Annual Report, include, but are not limited to, the following: • E-Commerce and Bridging the Digital D ivide—With the enactment of social distancing mandates, Mr. Speaker, commercial entities that histori cally operated absent a pre- existing online presence r esulted in consumers’ being unable to contact a customer service representative and/or effectively purchase their consumer goods and services. In support, Consumer Affairs acted as a conduit to support effective communication between commercial enterprises and consumers. Consumer Affairs communicated the necessity for commercial enterprises to have the technical capability to facilitate the availability of a customer service representative who is working from home; • Hospitality —Consumers who made travel and entertainment arrangements prior to and during the COVID -19 global pandemic were often left bearing the financial impact of short -notice cancellations, as 1476 1 July 2022 Official Hansard Report
Bermuda House of Assembly commercial entities began to heavily rely upon co ntractual force majeure clauses in order to avoid having to provide consumers with reimbursement. Consumer Affairs advised those affected consumers to review their respective contractual terms and conditions in order to ascertain their rights with respec t to cancellations when force majeure clauses may be relied upon. They were further advised to contact their service provider to confirm whether the event would be rescheduled or they would receive rei mbursement for advance payments made; Given the lasting impact COVID -19 has had on travel and hospitality, Mr. Speaker, Consumer A ffairs emphasised in communications with consumers the value in procuring appropriate consumer protec-tion insurance, where available, in order to mitigate any potential risk of unfair over -reliance of force majeure clauses; • Educational Service Providers —Consumer A ffairs observed that a number of child day -care and nursery service providers elected to temporarily cease operations until health and safety concerns were adequately addres sed by the Government of Bermuda. Consequently, Consumer Affairs received a number of consumer complaints as a result of day - cares and nursery schools being unwilling to provide reimbursements for child placement deposits. Consumer Affairs advised affected consumers that (i) their child placement deposits were not rei mbursable, as they were intended to secure a position for the consumer’s child; (ii) their child would be ent itled to a placement with their day care or nursery once the operations resumed; and finally, (iii) that refusal to recognise a child’s placement or provide a full refund for the child placement deposit would amount to an unfair trade practice; • Shipping and Freight —Mr. Speaker, in conjunction with the increased uptake of online shopping following the onset of COVID -19, Consumer Affairs observed that many consumers increased their rel iance on (i) overseas suppliers of consumer goods; and (ii) Bermuda- based couriers. Consumer Affairs experienced an increase in the number of consumer complaints received with r egard to (i) undue delays in shipping; (ii) the shipping of incorrect consumer goods; (iii) delays in returning items; and finally, (iv) difficulties experienced when attempting to contact Bermuda couriers. In order to address the issues faced by consumers, Mr. Speaker, Consumer Affairs acted as an intermediary by contacting Bermuda couriers, where it was discovered that many Bermuda couriers exper ienced operational issues due to being either under-staffed and/or ill -equipped to handle cons umer inqui ries due to the work from home mandates; • Consumer Scam s and Data Security —The economic fallout from COVID -19 resulted in countless consumers facing financial uncertainty, which directly contributed toward a heightened need for loans, aid and supp lemental income. Consequently, Consumer Affairs observed the onset of online scams being specifically tailored to take advantage of financially vu lnerable consumers. In response, Mr. Speaker, Consumer Affairs worked in collaboration with the Bermuda Police Service’s Financial Crime Unit. Consumer Affairs found the reversal of financial transactions, directly attributable to a consumer scam, to be difficult due to (i) the financial service provider’s being unable to trace the recipient of the transferred funds; and (ii) the affected consumer being responsible for making informed f inancial decisions. Mr. Speaker, recognising the necessity to e nsure consumers are equipped with the tools necessary to effectively identify consumer scams and avoid undue harm, Cons umer Affairs has employed a Bus iness and Community Liaison Officer in order to i mprove upon Consumer Affairs’ public educational activities; • Landlord and Tenant , particularly Vacation Rental Certificate Uptake—Mr. Speaker, although the number of tourists v isiting Bermuda has fallen follo wing the COVID -19 global pandemic, Consumer Affairs has observed a continuous uptake of residential lan dlords seeking to have their residential units certified as vacation rental units. Following discussions with various lan dlords, Consumer Affairs is of the understanding that the i ncrease in landlords seeking vacation rental certific ation is a direct result of landlords seeking greater control over their property. Many landlords have comm unicated a lack of confidence in thei r ability to obtain adequate legal recourse when faced with a tenant acting in contravention of their signed tenancy agre ement. Mr. Speaker, Consumer Affairs intends to closely monitor and regulate the issuance of vacation rental certificates to ensure that the residents of Bermuda continue to have access to affordable housing and that the vocational rental market does not under-mine the commercial efforts of Bermuda’s hotel indus-try; • Landlord and Tenant ; particularly Illegal Su bletting and Overcrowding —Duri ng COVID -19 it was observed that a number of residential tenants, in an attempt to pool together limited financial resources, entered into unauthorised subletting arrangements which resulted in the illegal overcrowding of residential accommodations. Mr. Speaker, landlords found themselves left uninformed of such arrangements and unable to pur-sue legal proceedings against subtenants who either failed to pay rent to the primary tenant and/or caused damage to the property. Mr. Speaker, Consumer Affairs advised landlords to review the terms and conditions of their te nancy agreement template and consider the inclusion of a contractual term that (i) restricts their tenants from
Bermu da House of Assembly subletting their residential unit without the prior co nsent of the landlord; and (ii) places obligations on the primary tenant and the subtenant. • Hospitality Work Permit Holders in the Context of Landlord and Tenant —Consumer Affairs observed that COVID -19 negatively impacted work permit holders who maintain tenancy agreements with their land lord while they return home during the tourism off -season, in order to secure their home upon their return to Bermuda. As work permit holders attempted to return to Bermuda, Mr. Speaker, they were often subjected to significant delays in their travel arrangements or were informed by their employer that they were made r edundant. Mr. Speaker, in these circumstances landlords were (i) forced to incur unrecoverable costs in order to remove their tenant's assets; (ii) subjected to unr ecoverable outstanding rent; and (iii) faced with undue delays in obtaining legal authorisation in order to l egally dispose of their tenant’s assets and procure a new tenant. In support, Consumer Affairs provided landlords with guidance on how to navigate Bermuda’s landlord and tenant legal framework, and in certain circumstances communicate with the courts on behalf of vulnerable landlords. • COVID -19 Relief and Amendments to Tenancy Agreements —Mr. Speaker, appreciating the fina ncial uncertainty faced by many tenants during COVID - 19, C onsumer Affairs assisted with the negotiation of temporary amendments to existing tenancy agreements which would allow tenants to either (i) make partial payments toward their monthly rent for a spec ified period of time; or (ii) temporarily withhold rent f or a specified period of time. • Debt Collection , in particular Licensing— Mr. Speaker, as part of the enactment of the Debt Collec-tion Act 2018, Consumer Affairs provided administr ative oversight of the licensing application process and provided applicants w ith administrative support to ensure an effective and efficient licence application pr ocess; • Public Communications, in particular Financial Relief from COVID -19 Mr. Speaker, with the onset of work from home mandates, many employees faced difficulties conta cting their employers in order to obtain the employer signatures needed to file a valid COVID -19 financial relief request. Consumer Affairs helped employees correspond with their employers to ensure that they would be able to obtain their emplo yer’s signat ure. Consumer Affairs worked in collaboration with the Ministry of Workforce Development to ensure the effective administration of COVID -19 financial relief and worked with debt collection agencies to persuade them to exhibit leniency when pursuing debtors . • Public Communications , COVID -19 Financial Relief and Support —During COVID -19, Consumer Affairs observed that many consumers did not have readily available access to the Internet (i.e., residential Internet and smartphones with mobile data plans) and/or l acked the technical capabilities needed to navigate the Bermuda Government’s official COVID -19 website. Consumer Affairs assisted consumers with (i) the scheduling of vaccine appointments; (ii) registration with the Bermuda Government’s Saf eKey; and (iii) the circulation of face masks and hand sanitisers to the homeless; • Public Communications , Entrepreneur Educ ation and Support —Based on conversations held with new entrepreneurs, Consumer Affairs identified that many required guidance on how to manage a successful commercial enterprise. Therefore, to ensure that these entrepreneurs were adequately equipped and educated on how to effectively and efficiently manage a business, Mr. Speaker, Consumer Affairs provided entrepreneurs with guidance on how to (i) draft a standard consumer service contract; (ii) draft a standard itemised bill of sale; and (iii) pursue debt collection proceedings in the Magistrates’ Court. • Electronic Communications —With the adoption of online education, Consumer Affairs received a number of consumer complaints against electronic communications service providers on the basis that they were providing unreliable residential Internet services and that customer service representatives were unresponsive. Mr. Speaker, the observed harm was part icularly evident in residential units falling under the remit of the Rent Increases (Domestic Premises) Control Act 1978. Many tenants of rent controlled properties either (i) did not have existing residential broadband Internet access, as their residential unit did not have the necessary infrastructure in place; or (ii) were not actively utilising residential Internet services prior to COVID -19. In support, Mr. Speaker, Consumer Affairs worked in conjunction with the Regulatory Authority of Bermuda to ensure that affected consumers were afforded timely and effective regulatory support. In closing, Mr. Speaker, I am pleased to have today laid for the information of this Honourable House the Annual Report of the Consumer Affairs Department.
The SpeakerThe SpeakerThank you, Madam Attorney General. The next Statement is also in your name. Would you like to present that at this time? Hon. Kathy Lynn Simmons: Yes, sir, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. 1478 1 July 2022 Official Hansard Report Bermuda House of Assembly LEGAL AID OFFICE ANNUAL REPORT 2020 –2022 Hon. Kathy Lynn Simmons: Mr. Speaker, I rise to update this Honourable House on the work of the L egal Aid Office. Mr. Speaker, as the Minister respons ible, …
Go right ahead.
1478 1 July 2022 Official Hansard Report
Bermuda House of Assembly LEGAL AID OFFICE ANNUAL REPORT 2020 –2022
Hon. Kathy Lynn Simmons: Mr. Speaker, I rise to update this Honourable House on the work of the L egal Aid Office. Mr. Speaker, as the Minister respons ible, I earlier submitted for the information of this Honourable House a copy of the Legal Aid Committee’s Annual Report for the combined fiscal periods 2020 to 2022, in accordance with section 18(2) of the Legal Aid Act 1980 [the Act]. This brings the statutory annual report ing requirements for the Legal Aid Committee up to date. Mr. Speaker, by way of historical context, Members will know that Bermuda’s legal aid regime came into operation on the 1 st of November 1980 pursuant to the Act. We are now into the 42nd year of the Legal Aid Office delivering quality legal aid services for Bermudians who may not otherwise be able to access quality legal advice and representation. This service stands readily available for individuals who meet the statutory financial means test and r equest legal aid assistance for the range of legal services available under the regime. In doing so, it ensures fair access to justice under the hallmark of a well -developed rule of law. Mr. Speaker, I expect that Members will una nimously agree that without access to legal represent ation where warranted, access to justice is often denied. Hence, the Government ensures this provision of service continues through challenging financial times, noting the exceptionally high costs of private sector legal servic es which remain cost prohibitive for many of our citizens. The Legal Aid scheme promotes equitable access to justice to Bermudians at the lo west end of our socio- economic strata. The Legal Aid scheme therefore is an essential pillar of our legal and justic e system and ensures that qualifying persons are granted legal assistance as a right. Mr. Speaker, the Annual Report underscores the priority placed on representation for those charged with serious criminal offences or offences which may carry a sentenc e of five years or more of imprisonment. Under the heading Operational Statistics for the Period 2020 to 2022, the Report points out the broad scope of assistance delivered in the reporting period. Accordingly, it also details that the Committee also grant s certificates to applicants who qualify as of right for criminal trials and appeals in the Supreme Court, Court of Appeal and, exceptionally, before the Privy Council in England. In the exercise of its discretion, the Legal Aid Committee also considers and assigns legal aid certificates to applicants charged with crim inal offences of a less serious nature for appearances and trials in the Magistrates’ Court where it is deemed to be in the interest of justice to do so. The provision of representation in the Magistrates’ Court also i ncludes offering representations for participants of the specialist courts, such as the Mental Health Court, Drug Treatment Court and DUI Court. Mr. Speaker, section 4 of the Act empowers the Legal Aid Committee [the Committee] t o admini ster the internal administration of the scheme by the following [actions]: • reviewing Legal Aid applications ; • awarding Legal Aid Certificates to eligible persons; • deciding the assignment of legal aid counsel; and • managing the duty counsel roster of lawyers giving real-time free legal advice to unrepr esented defendants appearing in the lower courts. Mr. Speaker, the Committee also has the r esponsibility to prepare and maintain a list of barristers and attorneys who are in active private practice in Bermuda to draw the names of counsel who are able and willing to represent applicants and assisted persons. This function ensures quality representation. The Committee comprises, Mr. Speaker, of five me mbers in accordance with the First Schedule of the Act , which also regulates the Board’s composition and procedures. Decisions of the Committee, Mr. Speaker, are legislatively mandated, with fairness of the pr ocesses being steered by the requirement of a quorum majority vote. Mr. Speaker, the Senior Legal A id Counsel has the responsibility for the day -to-day management, administration and operations of the Legal Aid Office. During the reporting period, Ms. Susan MooreWilliams has returned to her substantive post as Se nior Legal Aid Counsel after completing a period of reassignment in another Ministry. The Annual Report further outlines the staffing complement at the Legal Aid Office. Presently, there are three administrative posts and five legal posts. Administrative posts are the office manager, accounts officer and an administrative assistant. The five legal posts are as follows: the senior legal aid counsel, two legal aid counsel, one junior legal aid counsel, and one paralegal. The Legal Aid counsel attend court and represent clients at a reduced and manageable cost to the public purse, as they are salaried employees. One Junior Legal Aid Counsel post is vacant and currently under active recruitment, and a contract has been offered to a qualified and suited Bermudian for the remaining legal counsel post, which has also been under recruitment. The in- house Legal Aid counsel model, which was implemented in 2018, made provisions for i ncreasing the internal resources to reduce overall costs to the scheme originating from over -utilisation of pr ivate practice at torneys. It is noted that appreciable savings are expected to be sustained. Furthermore, during the period covered, recruitment efforts pr oceeded for the posts of Legal Aid Counsel and Junior Legal Aid Counsel, accounts officer and administrative assistant . Interim provisions were utilised to ensure service delivery coverage, notwithstanding the vaca nBermu da House of Assembly cies, by way of temporary hires, reassignment from within the public service and temporary consultancies. The Report confirms at page 12 that recruitment for the vacant Legal aid counsel post is well underway and expected to be completed next month. Mr. Speaker, Members may recall that a new framework for the assignment of counsel under the Legal Aid Act 1980 was officially implemented on the 1st of March 2019, having been developed the prece ding year. The changes were devised alongside a host of cost -savings reform measures across government. In this instance it was determined that what seemed counter -intuitive, increasing staff from five to eight, would actua lly reduce the operational cost of the scheme overall. The justification for implementing an in-house staff counsel model was in recognition that operational efficiencies and savings, institutional knowledge- building and providing opportunities for a cadre of specialised Bermudian defence lawyers would offer better delivery of services within public spending limits. The new model ensures [the provision of] diversified legal services as can now be delivered by in -house staff counsel, in lieu of overly utilis ing ou tside counsel. The in- house counsel capacity conti nues to grow, Mr. Speaker. And although there is a h ybrid of in- house and private attorney case assig nments, measurable savings have been achieved to date. Mr. Speaker, COVID -19 notwithstanding, cos t savings year over year are evident on page 15 of the Report. It shows the amounts paid to external counsel for representing Legal Aid clients. In the year ending 2018, before the cost -saving scheme was implemented, that figure was more than $1.9 million. By the end of the last fiscal year (March 31, 2022), that cost was reduced by more than 65 per cent, down to under $700,000, at $663,360. Furthermore, Mr. Speaker, the Report anticipates that costs will continue to trend downward in tandem with full implementation of the reformed model. Data for this current reporting period reflect the following: In 2020/2021, there were a total [188] applic ations, of which 133 were approved and 55 were d enied. Of these applications, [113] were criminal matters, 46 were civil matters and 29 were matrimonial and domestic matters. By comparison, Mr. Speaker, in 2021/22 there were a total of 225 applications consi dered, of which 121 were approved and 104 denied. Of the applications, 130 were for criminal matters, 53 were civ il matters and 50 were matrimonial and domestic matters. Mr. Speaker, one of the indispensable benefits of the scheme as part of the Ministry of Legal A ffairs and Constitutional Reform is the ability for a dvancing real -time reforms to lower the impact on the operation of our justice system. In doing so, issues of wider public interest which come to light by Legal Aid Counsel can be highlighted for legislative reform prior-ity. A recent example would be reform to section 519 of the Criminal Code 1907, which now places defence and prosecution at equal footing as it relates to the number of challenges each side can make to potential jurors. The unconstitutionality of section 519 of the Criminal Code was uncovered from advocacy origina ting from the Legal Aid Off ice and ultimately led to the passing of the Criminal Code Amendment (No. 2) Act 2020. Mr. Speaker, upholding the cause of justice is not only predicated upon advocacy in criminal matters. The Report details that Legal Aid Certificates were also granted f or varying civil, matrimony and domestic proceedings over the period, especially in instances where there were vulnerable parties such as landlord and tenant matters in the Magistrates’ Court and Family Court proceedings involving care orders and supervisi on orders, custody, maintenance and access. Similarly, for matters in the higher court, Legal Aid Certificates were granted for matters in the Supreme Court involving claims for damages arising out of negligence, divorce and ancillary relief applic ations, and all such appeals to the Court of Appeal. Mr. Speaker, it is reported that timeliness and efficacy remains a priority at the Legal Aid Office with respect to its deliverables to the public. As reflected in its reported output measures, the office maintains the ability to do the following: • Process applications for Legal Aid Certificates within 14 working days. However, it must be emphasised that achieving this objective is almost entirely dependent upon whether ap-plicants do their part to submit the required i nformation in a timely manner . • Process applications for Temporary Certif icates, commonly known as emergency certif icates, within three working days. This too is subject to applicants’ submitting all supporting financial information at the time of application; • In addition, applications for Temporary Certif icates are approved by the Senior Legal Aid Counsel once all supporting financial information is received. • Finally, Temporary Certificates are ratified and extended to a full Legal Aid Certificate, or are discharged by the Legal Aid Committee within 28 days. Mr. Speaker, another major deliverable is the processing of external attorney fees. It is reported that the acquisition of a dedicated accounts administrator during the period under review has led to improv ements in the processing of payment s. Accordingly, the Committee and the Legal Aid Office together are generally able to maintain the 30- working- day commi tment to taxation and processing of external attorney fees. Mr. Speaker, the Chairman conc luded the Report by reminding us that all Committee members are volunteers who give of their time and experience at the weekly meetings to carry out the very demand1480 1 July 2022 Official Hansard Report
Bermuda House of Assembly ing mandate as prescribed in the Act. She extends her personal appreciation for Committee me mbers’ hard work and dedication and applauds their commitment to quality service delivery during the period covered. Mr. Speaker, I once again conclude by ampl ifying the Chairman’s expressions of gratitude to the Legal Aid Committee members for the selfl ess duty they uniquely give for the preservation of access to justice in Bermuda. On behalf of the Government and people of Bermuda, I commend the Committee Chairman, Ms. Cheryl -Ann Mapp, for her steady stewardship during ongoing implementation of reforms to the model. It is further acknowledged that the unprec edented disruptions caused by the COVID -19 pandemic took place during this reporting period. The Commi ttee members and staff alike are commended for the equally extraordinary adaptability and professi onalism they have demonstrated during such trying times. Si ncere thanks are also extended, to all public officers, staff, duty counsel, consultants, law pupils and others who have served to support the work of the Legal Aid Office. Each is deserving of rec ognition for their stea dfastness in sustaining the delivery of Legal Aid services during the challenging past two years. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Madam Attorney General. Minister of Works, you have the next Stat ement on the Order P aper this morning. Would you like to present it at this time?
The SpeakerThe SpeakerMinister, can we g et you just to i ncrease your volume? Your audio is a bit low here. Can you get a little closer to your microphone?
The SpeakerThe SpeakerMuch better. Continue. RECOGNITION OF THE SKILLS DEVELOPMENT PROGRAMME TRAINING
Lt. Col Hon. David A. BurchMr. Speaker, today I would like to bring to the attention of this Honourable House the successful training of 35 Bermudians within the horticultural industry through the partnership be-tween the exceptional Skills Development Programme (SDP) run by Mr. Roger Parris and his team, the D epartment of Parks and Kingston …
Mr. Speaker, today I would like to bring to the attention of this Honourable House the successful training of 35 Bermudians within the horticultural industry through the partnership be-tween the exceptional Skills Development Programme
(SDP) run by Mr. Roger Parris and his team, the D epartment of Parks and Kingston Maurward College. Mr. Speaker, since 2015 the SDP has provi ded a safe environment to host hands -on training o pportunities for young men and women interested in the horticulture industry by empowering participants with life skills and enhancing their opportunities to qualify for employment. To date, this initiative has successfully trained over 150 participants. In 2019, the Board of the SDP approached the Bermuda D epartment of Parks to potentially develop the pr ogramme further. In October 2019, representatives of the Department of Parks and the SDP travelled to Kingston Maurward College, located in Dorset in the United Kingdom, which specialises in land- based studies to develop and deliver a series of training pr ogrammes on Island. Mr. Speaker, through this partnership, the SDP is just concluding a five- day free training course in horticulture and arboriculture to locals within the industry, conducted by expertly qualified staff from the Kingston Maurward College in the UK. Thirty -five ind ividuals from various ent ities including, but not limited to, the Corporation of Hamilton, BLDC [Bermuda Land Development Company], Port Royal Golf Course and Gibbons Gardens took advantage of this training to improve their respective skill sets. Mr. Speaker, this training was divided into two separate courses over the five- day period, one being an Introduction to Chainsaw Operations, which i ncluded safe operation, chainsaw maintenance, felling (cutting down of trees) and crosscutting (cutting across its main grain or axis of a t ree). The other course being an Introduction to Practical Horticulture Skills in which the attendees were taught how to work safely while demonstrating industry best practice in land cultivation, soil for sowing or planting, applying organic mulch, caring for a planted area, identifying plants and shrubs, and pruning techniques (cutting off dead/unwanted parts of a bush or tree). Today, the final day of these respective courses, the 35 partic ipants will be assessed, and I anticipate all will pass and receiv e a KMC certificate to demonstrate their proficiency. With this certification, it is anticipated that these individuals’ opportunities for educational scho larships and/or employment will increase. Mr. Speaker, it should be noted that there has been a large surge in demand from other entities r equesting to be included in any future training events, as well as those who have just completed the course have shared their keen interest in participating in f uture training. Because of this interest it is envisione d that this horticulture training programme and partner-ship will continue and fruitfully grow over the years (pun intended). Mr. Speaker, these are the programmes this Government recognises and expressly supports. I would like to thank the Skills Development Pr oBermu da House of Assembly gramme Board of Mr. Roger Parris, Ms. Cindy Young, Ms. Anna Fulton, Mr. James Gibbons, Ms. Melody Parris, Ms. Temar Richards and Mr. Clarence Sa ntucci. I would also like to thank the training team from Kingston Maurward College of Ms. Steph Addison , Ms. Joanna Jeffery and Mr. Nigel Hewish, who tra velled to our Island to conduct the training. And finally, thank you to all of the technical officers within the D epartment of Parks for providing opportunities for those in the local horticulture industry to improve their skills. This Government looks forward to seeing this pr ogramme expand in the future and will continue to su pport it. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Tourism. Minister, would you like to present your Statement? Hon. Vance Campbell: Yes, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead, sir. TOURISM INVESTMENT (CAMBRIDGE BEACHES RESORT AND SPA) ORDER 2022 Hon. Vance Campbell: Mr. Speaker, I have a brief tabling Statement in reference to the Tourism Inves tment (Cambridge Beaches Resort and Spa) Order 2022 . Mr. Speaker, for growth and development, any economy requires investor confidence. …
Go right ahead, sir.
TOURISM INVESTMENT (CAMBRIDGE BEACHES RESORT AND SPA) ORDER 2022 Hon. Vance Campbell: Mr. Speaker, I have a brief tabling Statement in reference to the Tourism Inves tment (Cambridge Beaches Resort and Spa) Order 2022 . Mr. Speaker, for growth and development, any economy requires investor confidence. That confidence is demonstrated in many ways, and in the hospitality business, investment in the physical plant and in the people who provide the service are key i ndicators. Mr. Speaker, I would summarise the general principle as follows: Investors are said to be confident when the news about the future is good. Mr. Speaker, I have today introduced for the consideration of this Honourable House an Order pr oposed to be made under the Tourism Investment Act 2017. Mr. Speaker, this Order is another tangible demonstration of the investor confidence that exists in Bermuda as a tourism destination. Mr. Speaker, Honourable Members will be familiar with the iconic property known as Cambridge Beaches and its significant history in the promotion and development of tourism in Bermuda. Mr. Speaker, located in the west end of the Island, the property is owned by Cambridge Beaches Holdings Limited, a Bermuda company. And I am pleased to advise this Honourable House that in add ition to the considerable investment and upgrades already made to the property, the owners intend to renovate all of the existing cottages, restaurants, spa, and public areas including the tennis courts, pools and grounds. Mr. Speaker, this is a local company which has taken the vision of the original family owners and determined to build on it to the benefit of Bermuda’s tourism product. This is the kind of development and growth that the Tourism Investment Act is designed to support. Honourable Members will note that the terms of the Order are in keeping with the existing provisions of the Act and represent the owner’s ability to deliver on the plans and vision for the site. Mr. Speaker, as part of the consideration of the application for the relief pr ovided under this Act, I took note of the owner’s commitment to staffing the hotel. Mr. Speaker, Cambridge Beaches aims to ensure that Bermudian staff are continually trained and promoted through the ranks to provide the resort with a consistent level of s ervice, longevity and local hospitality ambiance. The owner is clear that the success of the resort has been and will continue to be dependent on its people. Cambridge Beaches will ensure that the resort continues to conduct comprehensive in- house training and refresher courses. Mr. Speaker, the news about the future of tourism is good. Tourism -related businesses are seeing a return of brisk trade, and the goal of the Go vernment is to facilitate the conditions for that growth to continue. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement is in the name of the Minister of Social Development and Seniors. Minister, would you like to present your Statement at this time? Hon. Tinee Furbert: Yes, thank you, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. LANDMARK LAUNCH OF A BERMUDA AND UNITED NATIONS ECONOMIC PARTNERSHIP Hon. Tinee Furbert: Mr. Speaker, I am delighted to inform this Honourable House and our Honourable Members and the public of the recent launch of a landmark partnership between the United Nations [UN] and the Government of …
Go right ahead.
LANDMARK LAUNCH OF A BERMUDA AND UNITED NATIONS ECONOMIC PARTNERSHIP Hon. Tinee Furbert: Mr. Speaker, I am delighted to inform this Honourable House and our Honourable Members and the public of the recent launch of a landmark partnership between the United Nations [UN] and the Government of Bermuda. The signing of the partnership agreement took place on Monday, the 27th of June 2022, and the Minister of Social Development and Seniors signed the agreement on behalf of Bermuda’s Government and its people. This is the first-ever partnership of its kind in Bermuda. We are now embarking on a new chapter of collaboration between the U nited Nations and Bermuda that will ben efit Bermuda’s people directly. Mr. Speaker, this joint UN development pr ogramme, entitled Building Back Equal through Innov ative Financing for Gender Equality and Women’s E mpowerment, is being implemented in Bermuda with the assistance of the United Nations Women (UN Wo m1482 1 July 2022 Official Hansard Report
Bermuda House of Assembly en) and the United Nations Development Programme (UNDP) and funded by the United Nations Joint Sustainable Development Goal (SDG) Fund. This joint programme is approximately a $1 million investment across two countries, Bermuda and Bahamas. However, Mr. Speaker, the project is expected to be a c atalysis for millions of dollars more in additional inves tment to support the islands’ achievements in the tar-geted areas of sustainable development. Mr. Speaker, many in the community may be aware of the 2030 Agenda for Sustainable Develo pment, which is a set of 17 interconnected goals, r eferred to as Sustainable Development Goals (SDGs). These goals were adopted by the UN member states in 2015 and underscored a universal call to action to end poverty, protect the planet and improve the lives and prospects of everyone everywhere. The United Nations SDG agenda is committed to Leave No One Behind . Mr. Speaker, this joint programme supports Bermuda’s Economic Recovery Plan (Post COVID -19) by diversifying Bermuda’s economy through suppor ting growth of new opportunities. It focuses on e mpowering women, youth and persons with disabilities to engage in key economic sectors such as agricu lture; cultural and creative i ndustries; micro, small and medium -sized enterprises [MSMEs]; and sustainable tourism. It is intended that this joint programme will enable Bermuda to achieve the UN Sustainable D evelopment Goals, but in particular, Goal number 5— Gender Equality, Goal number 8—Decent Work and Economic Growth and Goal number 9—Industry, I nnovation and Infrastructure. Mr. Speaker, this UN/Bermuda programme intends to provide a mix of solutions to assist Berm uda to build back equal post COVID -19, but become a best practice example that will showcase how innov ative financing vehicles, digital platforms and women’s empowerment principles can be leveraged to successfully close the financing gaps that female and youth entrepreneurs face. The programme will provide opportunities t o entrepreneurs to access additional capital and reduce risk. Mr. Speaker, the joint programme aligns also with the Government’s national priorities and its commitment in advancing gender affairs, upholds the Government’s obligation to the Convention on t he Elimination of All Forms of Discrimination (CEDAW) and supports the Government’s direction on moving beyond the pandemic in the context of rebuilding Bermuda’s economic recovery from COVID -19. Mr. Speaker, on June 27, 2022, the pr ogramme was launched at the Grotto Bay Beach R esort. The event was distinguished with cultural touc hes of Bermuda performances from the youth and women, and supported by the presence of the iconic Royal Bermuda Regiment Band and the Gombeys. Amongst those who attended were Her Excellency the Governor; yourself, the Honourable Speaker of the House; Honourable Member [Senator] Peets; Honourable Member Hayward, First Lady Madam Burt; Junior Minister Simmons; and Senator Hodgson. At the launch, the speakers included the head of the UN delegation, Dr. Garry Conille, Resident C oordinator. Recorded remarks were provided by Ms. Lisa Kurbiel, Head of the Secretariat, United Nations Joint SDG Fund. Dr. Conille was also supported by Ms. Tonni Ann Brodber, Representative for the UN Women Multi- Country Office—Caribbean; Robert A lmeida, Managing Partner of Portland Private Equity; Ms. Denise Antonio, UNDP Resident Representative for Jamaica, Belize, Bermuda, Cayman Islands, the Bahamas, and the Turks and Caicos Islands; and Bermuda’s very own McKenzie- Kohl Tuckett of Girl (Em) Power. The five officials of the UN were supported by a contingent of highly skilled specialists. Mr. Speaker, Bermuda became a signatory to the Multi -Country Sustainable Development Cooperation Framework [MSDCF] agreement at the Cabinet Office, with Acting Premier, the Hon. Diallo Rabain JP, MP, present at this event. The multi -country framework allows the UN to engage Bermuda more effectively while leveraging expertise across specific UN agencies, funds and programmes, w hich is a first in Bermuda’s history. Mr. Speaker, on Tuesday, the 28 th of June 2022, the UN delegation held stakeholder engage-ments throughout the day that allowed attendees to learn more about the Joint SDG Fund Programme and its opportunities. Attendees included staff from our government agencies and representatives from the arts, banking, business, cultural, educational, env ironmental, financial, legal, youth and sports sectors, to name a few. The Ministry anticipates that over this two-year period th ere will be more opportunities for holding further stakeholder engagements. The Mini stry remains committed to updating the public on the developments of this programme in the future. Mr. Speaker, the next steps will be to conduct an assessment of innovat ive financing for gender equality and the impact of COVID -19. As you may know, Mr. Speaker, our Island’s economy has been severely impacted by the COVID -19 pandemic. The GDP was expected to have contracted by about 9 per cent in 2020, and sectors such as t ourism and hospitality have seen a profound downturn. Mr. Speaker, the unemployment rate, which was estimated at 3.8 per cent in November 2019, had more than doubled to 7.9 per cent by the end of 2020. Youth unemployment rates increased significantly, jumping from 18.8 per cent in 2019 to [32.1] per cent in 2020. Furthermore, Mr. Speaker, women reported considerably higher rates of underemployment, with 3,250 women reporting underemployment compared to 1,727 males. Mr. Speaker, the United Nations Secretar y, General Ant ónio Guterres, recognises the unique vu lnerabilities that pose a threat to small islands, which
Bermu da House of Assembly can easily derail their development —regardless of country income classification. [For] a small island [such as] Bermuda, like other small islands, there are factors like climate change, natural hazards and pa ndemics that have continued and will continue to exac-erbate gender inequalities, socio- economic vulner abilities and risk -reversing strong development gains. Mr. Speaker, throughout this partnership the United Nations will support Bermuda’s resilience and advance sustainable development with programme approaches which seek to leave no one behind. Mr. Speaker, I would like to take this opportunity to thank the UN contingent, Mr. Robert Almeida, Managing Partner of Portland Private Equity. I would like to thank my hard- working team at the Ministry of Social Development and Seniors, who partnered with the UN Team, headed by Permanent Secretary, Ms. Marva- Jean O’Brien, Ms. Kleita Pitcher, Ms. Alici a Lister and Mr. Gabriel Broomes. Further, I would like to thank the Protocol Team, Mr. Gilbert Rowlings, Ms. Carol Hayward, Mr. Brandon Sousa and Ms. Tracy Wilkinson. The Communication Team of Ms. Alicia Trott, Ms. Tina Evans, Ms. Dana Selassie. I would l ike to also thank those participants who made this twoday event a success, such as the In Motion School of Dance; Tiffany Fox of String Collective; Mr. Zane Hendrickson and H&H Gombey Troupe; Mr. Marcel Dill, Five Star Transportation Services Ltd., Wanderlust Explorers Ltd. and Mr. Dean Paris. I would like to thank all the attendees who were at the launch and the stakeholder engagements. Thank you, Mr. Speak er.
The SpeakerThe SpeakerThank you, Minister. The next Stat ement is also yours, Minister. Would you like t o present that now? Hon. Tinee Furbert: Yes, Mr. Speaker.
The SpeakerThe SpeakerContinue right ahead. LITIGATION GUARDIAN SERVICE UPDATE Hon. Tinee Furbert: Mr. Speaker, I rise to report to this Honourable House the continuing progress with regard to the Minist ry’s ongoing commitment to embedding a sound Litigation Guardian Service framework into Bermuda’s Court. As you may recall, the Litigation Guardian Service …
Continue right ahead.
LITIGATION GUARDIAN SERVICE UPDATE Hon. Tinee Furbert: Mr. Speaker, I rise to report to this Honourable House the continuing progress with regard to the Minist ry’s ongoing commitment to embedding a sound Litigation Guardian Service framework into Bermuda’s Court. As you may recall, the Litigation Guardian Service operates as a mechanism of child safeguarding, under the provision of the Chi ldren Act 1998, sections 35 and 36. In particular, it states that “For the purpose of any specified proceedings, the court shall appoint a litigation guardian for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests.” Mr. Speaker, I am delighted to report that considerable progress has been made since I last r eported on this matter to you on the 22nd of April. New Litigation Guardians have been selected and will be gazetted in this month of July. This will increase the capacity in the service at a time when courts are rightly making more appointments of litigation guardians because of the increased complexity of the issues facing our children and young people in Bermuda. One guardian is being given enhanced service coordination responsibilities. This will enable the court to have a point of contact within the service when an appointment is needed and will enable the new litigat ion guardians to be mentored at the outset of their appointment. This is seen as an important aspect to the programme. Undoubtedly, the new appoi ntees are all highly experienced; however, being a lit igation guardian is a specialist role, and having a c oordinator who has had a lengthy experience of operating in the role will add value to this initiative. Mr. Speaker, I am pleased to inform you that on the 13 th and 14th of June, social workers from DCFS [Department of Child and Family Services] and the new litigation guardians were trained in how to write court reports which bring out the voice of the child as the centrepiece of the report around which all other information revolves. The [primary] purpose of the litigation guardian is to inform the court about the voice of the child along with their professional analysis of what needs to happen going forward to guarantee that child’s safety and well -being. As with the training in February, which I reported to you in April, this trai ning was jointly carried ou t by staff the from the D epartment of Child and Family Services and Mr. Anthony Douglas CBE, the UK FCDO [Foreign, Commonwealth & Development Office] consultant who conti nues to support us by developing this crucial service for our children. Mr. Speaker, the Ministry of Social Develo pment and Seniors has now convened and held two meetings of the Litigation Guardian Steering Commi ttee. The Committee is providing oversight and direction to the development of the service. This involves scrutinising, amending and ratifying practice guidance for the litigation guardian service, endorsing a new fit - for-purpose contract for the litigation guardians and considering which changes to the wider family justice system are needed for the Guardian Service to be able work to the highest possible standards. Mr. Speaker, as we continue to make pr ogressive steps to ensure the safeguarding of our chi ldren, I want to thank all involved for what they are d oing, and our wider community for giving their support to this valuable service which gives the most vulner able children and young people in Bermuda going through the family court process an independent voice in the court proceedings. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Economy and Labour. 1484 1 July 2022 Official Hansard Report Bermuda House of Assembly Minister, would you like to put your Statement this morning? Hon. Jason Hayward: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. PROCESSING OF BRITISH OVERSEAS TERRITORY CITIZEN (BOTC) BERMUDA PASSPORTS Hon. Jason Hayward: Mr. Speaker, I rise before this Honourable House to provide an update on passport processing. Several weeks ago, the Bermuda public was advised of passport processing delays of 11 weeks. As the Minister responsible for the …
Good morning.
PROCESSING OF BRITISH OVERSEAS TERRITORY CITIZEN (BOTC) BERMUDA PASSPORTS Hon. Jason Hayward: Mr. Speaker, I rise before this Honourable House to provide an update on passport processing. Several weeks ago, the Bermuda public was advised of passport processing delays of 11 weeks. As the Minister responsible for the Department of Immigration, today I will (i) provide an overview of the operational challenge before us; (ii) outline steps we are taking to address this issue; and (iii) report on a new and more realistic timeline for processing pas sports. First an d foremost, I want to apologise for the continued delays in processing British Overseas Terr itories Citizen [BOTC] Bermuda passports , which are now exceedi ng the 11- week timeframe. I recognise and appreciate that the processing delays interfere with Bermudians’ ability to plan and book travel. In some cases, despite applications submitted early, travel plans have had to change. Many have been disappointed by the service output, and I want to assure you that this is being addressed. I empathise deeply with Bermuda passport holders who are experiencing first -hand the frustration and inconvenience of the delays in passport processing. The issues are real and impact on our daily lives. I know of individuals who will miss weddings, graduations, family gatherings, training courses and business meetings all because they don’t have their passport. I see these individuals as I go through my daily life. I receive the ph one calls and emails. I am aware of these serious and important concerns, and I can assure you that I know that we must do better.
Operational Challenges Hon. Jason Hayward: Mr. Speaker, it is no secret that the Department of Immigration has long had op-erational challenges and has experienced backlogs from time to time. Since midway through the pandemic, the department noticed a marked increase in pas sport applications after a long period of lower -thannormal overseas travel. However, now the current volume of passport applications is not sustainable given the number of staff who process passports at the Department of Immigration. In particular, since March 2022, the number of applications has quadr upled and continues to increase as more Bermudians desire to travel during the summer. With approximat e-ly two years of restrictive travel, the desire to get off of “the Rock ” is certainly understandable and necessary. Mr. Speaker, operational challenges within the Department of Immigration present constant pres sure as the Bermuda passport team does its best to move applications along. I want to remind the public that Bermuda passports are no longer approved or printed in Bermuda. In 2016, the UK Government unilaterally removed Bermuda’s ability to print passport s. As a result, passport applications are sent to Her Majesty’s Passport Office [HMPO] in the UK, which manages the process. Her Majesty’s Passport Office can and has made changes, two of which, introduced in 2016 and 2021, were significant to the process, and each British Overseas Territory was required to comply as follows : 1. As of August 2016, before we can send appl ications to Her Majesty’s Passport Office, the Bermuda passport team are required to ident ify how each applicant is entitled to a BOTC passpor t. 2. More recently, [as of] August 2021, the team must also determine whether an applicant is a dual British citizen or not. With both changes, there is a requirement to enter detailed information in the passport application system so that Her Majesty’s Pass port Office can readily assess each application and carry the process through to printing the passport. Mr. Speaker, t he highlighted changes require diligence, attention to detail and the ability to acc urately interpret the British Nationality Act 1981 as matched with each applicant’s demographic profile. Erring in identifying entitlement and dual citizenship can have a more significant impact on future applic ations for a BOTC Bermuda passport. Before August 2016, the remit to identify entitlement was lef t to only a few staff of the Bermuda passport team. Before A ugust 2021, there was no requirement to know about British citizenship. Now the entire team must be knowledgeable, and this required training and in some cases work -shadowing. The process of verif ication has created an administrative challenge which is ex-acerbated by the high volume of applications that have been submitted to the department.
Additional Resources
Hon. Jason Hayward: Mr. Speaker, noting the r esource challenges that the department c urrently faces, the department will seek to onboard additional staff to assist with the current high volume of applications. The Ministry has received approval from the Ministry of Finance to on board additional staff to assist with the administrative proc essing of passports. Over the long term, it is anticipated that a permanent solution to the department’s general challenges and specific passport processing challenges would include an or-ganisational review, a departmental reorganisation,
Bermu da House of Assembly additional resour ces, and implementation of an i mproved and final technology solution. It still remains the Government’s primary priority to have passports processed in Bermuda.
New Processing Timeline
Hon. Jason Hayward: I will now provide an update on the new processin g timeline for passport applic ations. Mr. Speaker, the current processing times have in some cases been up to 20 weeks. It is antic ipated that with the addition of new staff the process will return to 11 weeks.
Emergency Passport Applications
Hon. Jason Hayward: Lastly, let me discuss the p arameters for emergency passports. Mr. Speaker, while the need for emergency travel may arise, the Bermuda passport team undertakes each request on a case- by-case basis with the goal of reserving its stock of emergency passport books for bona fide emergencies. The reasons for issuing emergency BOTC Bermuda passports are limited because we utilise the guidelines of Her Majesty’s Passport Office . Additionally, it is important that we adhere to the guidelines as best as possible b ecause of the limited supply of emergency travel doc-uments [ETDs] that the Department of Immigration has in stock. The Department of Immigration has been advised by Her Majesty’s Passport Office that once the current stock of emergency travel docum ents has been exhausted, we will not be receiving any addi-tional emergency travel documents. Mr. Speaker, in closing, I again apologise to the Bermudian public for the passport processing delays and all of the inconveniences they have caused. Despite thi s, I want to reassure you that the Depar tment of Immigration remains committed to resolving these challenges so that passports are issued as soon as possible. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement is also in the Minister’s name. Minister, would you like to continue with your next Statement? UPDATE ON THE ESTABLISHMENT OF THE PROJECT MANAGEMENT OFFICE FOR THE ECONOMIC RECOVERY PLAN Hon. Jason Hayward: Mr. Speaker, this Statement is the establishment of a project …
Thank you, Minister. Members, the next Statement is also in the Minister’s name. Minister, would you like to continue with your next Statement?
UPDATE ON THE ESTABLISHMENT OF THE PROJECT MANAGEMENT OFFICE FOR THE ECONOMIC RECOVERY PLAN
Hon. Jason Hayward: Mr. Speaker, this Statement is the establishment of a project management office . Mr. Speaker, I rise today to provide an update on the establishment of the Economic Recovery Plan [ERP] Project Management Offi ce. Mr. Speaker, Hon-ourable Members will recall responsibility for the i mplementation of the Economic Recovery Plan transferred to the Ministry of Economy and Labour in February of this year. In March I reported to this Honour able House that the Government had identified four lead initiatives —the rehabilitation of Tyne’s Bay infr astructure, the development of Uptown North East Hamilton, the development of the casino industry and the development of vertical farming. KPMG had been charged with working with st akeholders to deliver detailed action plans setting out key milestones, tim elines and actions. Mr. Speaker, I am pleased to report that the detailed action plans for each of the four priority initi atives were completed in April and stakeholders have continued the work required to move these initiatives forward. Honourable Members are reminded that the aim of the ERP is to produce jobs, increase GDP [gross domestic product] and, combined with other measures, lead us to a sustainable future. Mr. Speaker , to ensure successful implementation of the 31 initiatives under the ERP umbrella, the Government committed to the establishment of a de dicated Project Management Office [PMO]. The Project Management Office started its function on the 1 st of June 2022. The goal of the ERP Project Management Office is first and foremost to ensure successful i mplementation of all of the initiatives under the Economic Recovery Plan, working to monitor, track, report and lend assistance where required while placing signif icant emphasis on the four lead policy initiatives. Mr. Speaker, while the Government had initially intended to retain consulting resources who would be dedicated to the PMO effort, I am pleased to report the identification of talented and qualified public officers who have been re- assigned to the PMO. The PMO has been established under the leadership of Mr. Roger Todd, Programme Leader, on a two year re-assignment from his directorship role. Mr. Todd is an accomplished business leader and professional engine er with extensive experience in developing and managing major capital projects and change initi atives. Most notably, Mr. Todd led the electrification of the public bus fleet, the transition to LED street lighting and permitting of the recently constructed North Power Station. Additionally, Mr. Richard Hazelwood has been reassigned to the role of PMO, Monitoring Officer, from his substantive post of Quality Assurance Officer. Mr. Hazelwood has a background in engineering and accounting with extensive project management experience. He has previously participated in the impl ementation of other significant government policy initi atives such as Public Access to Information (PATI) and digitisation of the government postal service. The PMO is co- located in an area in the Go vernment Administration building next to the Office of Project Management and Procurement —an essential 1486 1 July 2022 Official Hansard Report
Bermuda House of Assembly physical placement to ensure effective collaboration given the infrastructure- rich priority initiatives. By securing internal resources to lead out in the ERP Project Management Office in a close to cost-neutral scenario, the Government is now able to allocate its limited resources to retain subject matter experts to become directly engaged in progressing the individual initiatives on a project -by-project basis as required, particularly the lead initiatives. Mr. Speaker, I will now provide a brief update of our progress on these priorities: • On the matter of a water and waste treatment facility, the rehabilitation of the Tyne’s Bay i nfrastruct ure plant features heavily in this initi ative, and a full business case for its replac ement is a work in progress as the initial first step. This phase is expected to be completed in the coming months . • The Uptown Development Authority in N orth East Hamilto n has been associated with the South East Hamilton initiative to facilitate sy nergies. The Ministry is currently working via the Bermuda Economic Development Corpo-ration Board to incorporate its views on the implementation plan. • The Casino Industry Plan is currently with the Casino Gaming Commission as we look to ensure a strong partnership between the commission and the Department of Workforce Development to prepare local talent to partic ipate in this sector . • On the matter of the Vertical Farming Facility, while the details of the financing for this largescale farm are being finali sed, planning t oward leveraging this initiative to support the development of small and medium -sized ve rtical farms has been advanced. Internal con-sultation has commenced and wil l be followed by consultation with the local famers to ensure that they are supported and have the opportunity to fully participate in this sector. Mr. Speaker, as a result of the Government’s focused attention, Honourable Members will already know ERP mi lestones in other areas have been achieved. Notably [consider the following]: • The Economic Investment Certificate is gen-erating millions of dollars of new investment in Bermuda and is being used as an effective tool to encourage individuals with high net worth to make substantial economic inves tments in Bermuda. I will provide a further update to this Honourable House in due course. • Further measures to expand the population, especially the process for long- term residents to apply for permanent residency in Bermuda, have been addressed with a view to retaining these important stakeholders. Since Jan uary 1, 2022, the Department of Immigration has received applications under these legisl ative amendments . • The legislative framework for the Subsea Communications S ector is complete, and promotions have commenced to build awar eness of Bermuda as a North Atlantic comm unications hub. • The online single market enterprise [ SME] marketplace, ByBermuda, is live , with efforts now underway to increase its effectiveness for the benefit of local entrepreneurs providing access to the global online marketplace. Mr. Speaker, I trust that it is clear that the Government is committed to safeguarding and growing the Bermuda economy. To be sure, the ERP Pr oject Management Office wi ll be focused on implementation by doing the following: • monitoring long- term initiatives; • supplementing the department’s project management; • [maintaining] day-to-day robust focus on deliverables; and • providing specialist skills. The PMO will use reputable project management tools to manage, track and report on the Ec onomic Recovery Plan. Additionally, the PMO will pr ovide regular updates via the government website on the ERP initiatives. To this end, the public can expect that the ERP section of the governm ent portal will be updated shortly and will continue to be updated quarterly thereafter. The Government will issue a public advisory once the July updates are available. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Education. Minister, would you like to present that Stat ement? Hon. Diallo V. S. Rabain: Yes, Mr. Speaker. Just give me a second.
The SpeakerThe SpeakerGo right ahead, Minister. PREPARATIONS FOR THE INTRODUCTION OF SIGNATURE LEARNING PROGRAMMES IN SEPTEMBER 2022 Hon. Diallo V. S. Rabain: Mr. Speaker, I rise this morning before this Honourable House to keep my honourable colleagues and the general public i nformed about the exciting work that continues in su pport …
Go right ahead, Minister.
PREPARATIONS FOR THE INTRODUCTION OF SIGNATURE LEARNING PROGRAMMES IN SEPTEMBER 2022
Hon. Diallo V. S. Rabain: Mr. Speaker, I rise this morning before this Honourable House to keep my honourable colleagues and the general public i nformed about the exciting work that continues in su pport of education reform, and more specifically about the introduction of Signature Learning Programmes in September 2022 for our two senior schools, the Berkeley Institute and the CedarBridge Academy. Mr. Speaker, this will be a first time for our students, a first time for our schools and a first time for
Bermu da House of Assembly Bermuda. A milestone indeed! We are very proud of the work that has been undertaken to date. Mr. Speak er, the last time I provided this House with an update on the Signature Learning Programmes for our senior schools was in May 2022. Since then the work has intensified. Mr. Speaker, this morning I want to share with my honourable colleagues the education reform work during the past weeks as it relates to (i) the experience of our students; (ii) Professional Learning Days for school staff; (iii) New School Transformation Teams; and (iv) good governance. This is quite a bit, Mr. Speaker, but as I said, the work has intensified. However, it has also proven to be a work of excellence. Let me first begin with the experience of our students. In a previous Statement read in the House in May this year, I shared that in September 2022, incoming S1 students entering t he Berkeley Institute and the CedarBridge Academy will be educated in a way that has never been done before. The incoming S1 students will, in addition to their core curriculum, have access to a signature curriculum which is rel evant for our children, for Bermuda and globally. Our S1 students will experience a model of teaching and learning which incorporates authentic real-world learning experiences and meaningful pr ojects attentive to the differing needs of each and every child. The graduation requirement s will ensure that children who leave with the Bermuda Signature School diploma will have the necessary experience, skills, knowledge, values and relationships to take up jobs or apprenticeships in their chosen profession or trade, and contribute to the requirements for entry into colleges and universities Mr. Speaker, I am pleased to share that all of the prerequisite work to prepare us for a successful launch in September 2022 is on solid ground. The Board of Governors and the school leaderships of both senior schools have confidently stated that they are ready to receive young people in September 2022 and provide them with 21 st century learning exper iences and opportunities. Mr. Speaker, every journey worth taking begins with a critical starting poi nt to get to the end goal. There has been a journey for the adults in the educ ation system to help us achieve our desired future state. I have shared on many occasions in this Honourable House the work of the adults in system transformation. Mr. Speaker, i t is equally important for this Honourable House to understand the student exper ience in this journey to get them ready to select their desired Signature Learning Programme that supports their passions and interests. In preparation for September 2022, progra mming was created to engage current M3 students and parents in a Taster Programme that took them through a journey of self -reflection into their own passions and interests, and exposure to the opportunities and careers of the Signature Learning Programmes on offer at our two senior schools. Through regular communication and sharing of resources and activities with M3 teams and families, conversations and r esearch into the various signature tracks went beyond the classrooms. At home, parents were able to t alk with their children about the opportunities ahead. Mr. Speaker, the involvement of parents engaging their children at home was critical. In the end the response to the Taster Programme from both educators and students was very positive. Educators found it particularly helpful for the young people to have the opportunity to discuss their talents, interests, values, passions and strengths and learn more about who they are as an individual. For the students, there was excitement at how their current int erests could translate into a wide range of career options. In fact, the process was most inspiring for some. Mr. Speaker, let me share comments made by some of our M3 students that are extremely encouraging. One M3 student stated, “This made me want to look into going away to university which I was unsure about before." Another M3 student shared, “By doing a Taster, I found out some new things about myself that led to interest in new careers. This was very helpful as I was able to learn new things about digital marketing/sales manager/interior design, all of which interest me.” Yet another M3 student stated, “Prior to the Taster Programme, I had my mind made up that I was going to do a particular career. However, the programme opened my eyes to different career paths.” This comment encapsulates the ultimate goal for our young people as it pertains to the process of selecting their signature pathway. Mr. Speaker, a longer, more comprehensive Taster Programme is currently under development. The positive and constructive feedback we have r eceived from our students has allowed the School Choice Team to refine the work for the next set of M3 students. Mr. Speaker, as a result of the collective hard work of the staff at the Department of Education and the S chool Choice working group, I am pleased to celebrate that out of the approximately 300 incoming S1 students enrolled for September 2022, over 90 [per cent] have selected a signature learning track. The remaining students, while having selected a general t rack, will still be immersed in the new features of learning and schooling. Mr. Speaker, I now wish to share about Pr ofessional Learning Days for school staff. In May of this year, I announced the early school closure for the 2021/22 school year, the ra tionale being to continue to engage each and every teacher across the Island in professional learning on the features of our transformed system. The continued transformation of our school system is a complex and challenging undertaking that requires the engagement of every educator. The extra three days at the end of the term allowed our schools to work with undivided attention, ensuring 1488 1 July 2022 Official Hansard Report
Bermuda House of Assembly that we are even more prepared for the next design and implementation phases. Our currently established senior school si gnature transformation teams and subject teachers had the opportunity to refine and finalise their curriculum, scheduling and other features for the Signature Lear ning Programmes in September 2022. At the same time, the remaining senior staff members wer e engaged in professional learning communities where they gained more insight into the major features of signature learning that have been under development for the last two years. Simultaneously, our preschools, primary schools and middle schools engaged in professional learning to expand their knowledge around high - impact teaching strategies. Over the three days, they took opportunities to determine implementations of these best practices in their buildings when school commences in September 2022. Addit ionally, our two new parish primary school transformation teams, along with their entire school staff, worked rigorously to begin development of our transformed parish pr imary schools set to open in September 2023. Mr. Speaker, I would now like to expand a bit more on the New School Transformation Teams. The Ministry of Education has now onboarded the second wave of School Transformation Teams to participate in the designing, prototyping and implementation of new models of teaching, learning and schoolin g for September 2023. These School Transformation Teams will bring together education professionals, parents, and business and community members who are passionate about redesigning Bermuda’s public schools to best prepare our young people for a purposeful and thriving future. Mr. Speaker, I am pleased to share that we have received nearly 100 expressions of interest from educators and community members to work toward transforming our first set of parish primary schools (at the Purvis Primary and Francis Patton School sites) and designing our next signature school to implement Hospitality & Tourism and Education Services tracks. The past few weeks of onboarding and early stages of designing and co- creating have set the stage for development of this next p hase of the transformation. Mr. Speaker, the last topic I want to share about is governance. Research shows that lessons from high- performing education systems look beyond teaching and learning to focus on ensuring the policy, governance and operational systems are in place to ensure the success of all educators. Plan 2022 recog-nised and called for a review of the system’s current structure, and BermudaFirst called for the introduction of an Education Authority in their 2019 Future State Report. Mr. S peaker, there needs to be good gover nance to sustain and support reform, governance that is not subject to day -to-day political interference, go vernance that has the independence to be flexible and agile in ensuring that the needs of Bermuda’s chi ldren, ec onomy and community are best and efficiently served. We all acknowledge that the relationships of schools and school boards with the Ministry and D epartment of Education are not and have not been as free-flowing as we would like. The establishment of an Education Authority will be an opportunity to reset, renew and clarify these relationships. We need to learn from the past to create a better future. Mr. Speaker, an Education Authority is needed to take the politics out of education and make public educatio n nimbler and responsive. The Authority will be respo nsible for all aspects of public education in Bermuda and hold a dual focus of equity and accountability. Mr. Speaker, the work to create an Education Authority and continue toward education reform and school transformation is well underway. Currently, the Education Authority working group is creating the framework for what the Education Authority would look like. They are currently receiving feedback from the Department of Education, existing school b oards and other relevant stakeholders. The working group will continue to meet and collect data to help formalise the proposals as we move forward. Mr. Speaker, some of the critical action steps taken have been the following: 1. meetings with schools to understand the strengths and weaknesses of school boards; 2. scanning governance arrangements in some high-performing systems with characteristics of an Education Authority; 3. reviewing the research on the governance and leadership of successful 21 st century learning systems; 4. reviewing relevant Private and Government Acts, and Memoranda of Understanding b etween the Ministry of Education and schools; 5. exploring management structures and practices in 21st century learning systems; and 6. developing and agreeing on revis ed roles and responsibilities for school boards. Mr. Speaker, the Education Authority Working Group has much work ahead and is progressing steadily to see this governance structure come to fruition for our public school system. In closing, Mr Speaker, and casting my mind back over the past 28 months, the transformative work has been challenging, fast paced and rigorous with little time to rest for those involved in education r eform. At this time, I would like to extend my gratitude and appreciation to everyone who has committed and participated collaboratively in co -designing the lear ning experiences of excellence that have gone in place for our young people. I await September 2022 with great anticipation to see our young people start a journey of explorat ion and growth as they experience our first -ever Signature Learning Programmes. Thank you, Mr. Speaker.
Bermu da House of Assembly The Speaker: Thank you, Minister. Members, the next Statement this morning is from the Minister of National Security. Minister, would you like to put your Stat ement?
Hon. Michael A. Weeks: Thank you, Mr. Speaker, and good morning.
The SpeakerThe SpeakerGood morning. AIRPORT FIRE RESCUE SERVICES Hon. Michael A. Weeks: Mr. Speaker, I rise today to provide an update on the Bermuda Fire Rescue Service Airport Operations Division. Mr. Speaker, the Bermuda Fire Rescue Service operates the Airport Rescue Firefighting Services , which provides aircraft rescue and firefighting services for …
Good morning.
AIRPORT FIRE RESCUE SERVICES
Hon. Michael A. Weeks: Mr. Speaker, I rise today to provide an update on the Bermuda Fire Rescue Service Airport Operations Division. Mr. Speaker, the Bermuda Fire Rescue Service operates the Airport Rescue Firefighting Services , which provides aircraft rescue and firefighting services for the L. F. Wade International Airport. This is an essential service that enables the airport to serve international commercial flights. Mr. Speaker, Skyport is the L. F. Wade International Airport’s Aerodrome Certificate Holder. The certificate is issued by the Bermuda Civil Aviation A uthority to Skyport. [Inaudible interjection] Hon. Michael A. Weeks: Mr. Speaker, the Airport Rescue Firefighting Services is a retained— [Inaudible interjection]
The SpeakerThe SpeakerMinister, see if you can maybe get a little closer to your microphone. Your camera is fine, but you have just got a little audio feedback. You may have something on in there. Hon. Michael A. Weeks: No. Sounds better Mr. Speaker?
The SpeakerThe SpeakerStill getting a little feedb ack. Hon. Michael A. Weeks: Here, let me try something. Do you hear me now?
The SpeakerThe SpeakerStill not hearing. We have got the feedback. [Inaudible interjections]
An Hon. Member An Hon. MemberWe confirm, Mr. Speaker. It is di storted slightly.
The SpeakerThe SpeakerYes. It i s distorted. [Inaudible interjections]
The SpeakerThe SpeakerShut the camera off and just see. It could be a bandwidth weakness. Let us hear you. Hon. Michael A. Weeks: Can you hear me now?
The SpeakerThe SpeakerIt has still got the distortion, so you can turn the camer a back on. And we will see if it i mproves as you go along. Hon. Michael A. Weeks: Okay.
The SpeakerThe SpeakerYou can continue. Hon. Michael A. Weeks: Should I start over?
The SpeakerThe SpeakerNo, you can go where you are. You can continue on. Hon. Michael A. Weeks: Okay. Mr. Speaker, the Airport Rescue Firefighting Services is a Retained Government Service as part of the airport project agreement between Skyport and the Bermuda Airport Authority. The Bermuda Airport Authority are responsible for managing …
No, you can go where you are. You can continue on. Hon. Michael A. Weeks: Okay. Mr. Speaker, the Airport Rescue Firefighting Services is a Retained Government Service as part of the airport project agreement between Skyport and the Bermuda Airport Authority. The Bermuda Airport Authority are responsible for managing the Retained Government Service and have transferred responsibi lity for the delivery of the Airport Rescue Firefighting Services to the Bermuda Fire Rescue Service by way of a Memorandum of Understanding in 2007 with an amendment in 2017. There is no fee paid by Skyport to the Bermuda Airport Authority —
The SpeakerThe SpeakerMinister, let me pause you for a minute. Let me go to the next Statement. And then see if guys can work on your problem so we can hear you clearly. I will come back to you. How is that? And what I may suggest is that if you cannot …
Minister, let me pause you for a minute. Let me go to the next Statement. And then see if guys can work on your problem so we can hear you clearly. I will come back to you. How is that? And what I may suggest is that if you cannot resolve it there, do you have your phone or something you can come on? Maybe you can leave your camera on and just talk to your phone. Maybe it will be clearer; you will come through better on your phone, and if you can bring it up on your phone or your tablet.
Hon. Michael A. Weeks: Yes. Okay. I will try it.
The SpeakerThe SpeakerOkay. Well, let us work with the Mini ster of Health for the time being, and then we will come back to you after her Statement. Thank you. Members, I appreciat e that indulgence. Minister of Health, can we call on you at this time? Hon. Kim N. Wilson: Yes. …
The SpeakerThe SpeakerYes, go ahead, Minister of Health. COVID -19 VACCINATION PROGRAMME UPDATE Hon. Kim N. Wilson: Mr Speaker and Honourabl e Members, yesterday, June 30, our mass vaccination 1490 1 July 2022 Official Hansard Report Bermuda House of Assembly programme ended— a campaign that saw over 75 per cent of the …
Yes, go ahead, Minister of Health.
COVID -19 VACCINATION PROGRAMME UPDATE
Hon. Kim N. Wilson: Mr Speaker and Honourabl e Members, yesterday, June 30, our mass vaccination 1490 1 July 2022 Official Hansard Report
Bermuda House of Assembly programme ended— a campaign that saw over 75 per cent of the total population fully immunised, and over 85 per cent of the eligible population either vaccinated or fully immunised since our vaccination programme began January 11, 2021. Bermuda residents have received approximately 135,000 vaccinations, and this indeed is great news for Bermuda. Our vaccinati on programme went tremendously well. Bermuda’s COVID -19 vaccination programme surpassed the World Health Organization’s goal of 70 per cent immunisation of a population ahead of the June 30 target. As a reminder, Bermuda launched its vaccine awareness programme in January 2021 ahead of the Pfizer vaccines arriving in Bermuda. The objective was to make everyone aware of the benefits of getting the vaccine and encourage Bermuda’s seniors (65 years and older), those most at risk, to sign up and get vaccinated. Mr. Speaker, with the assistance of Government House, on behalf of the Government of Bermuda, and the assistance of the UK’s Foreign, Commonwealth and Development Office, the first shipment of 9,750 doses of the Pfizer -BioNTech vaccine COVID -19 vaccine arrived on January 8, as scheduled, on the British Airways flight. The second shipment of 19,500 arrived January 29. Bermuda was one of four UK Overseas Territories to receive a share of the first batch of vaccines. After the most vulnerable in Bermuda were vaccinated, the campaign moved on to people over the age of 50 and then to the general population. Mr. Speaker, you would remember that a lot work went into our vaccination awareness pr ogramme. Many social media campaigns, radio talk shows, press conferences, Facebook live sessions, several media interviews and extensive interviews on local radio stations providing information and addres sing some of the misconceptions and myths that exist around getting the vaccine, including but not limited to, infertili ty and blood clots amongst other concerns. Mr. Speaker, a hard push was implemented through our Close to Home Mobile Vaccination Programme in neighbourhoods Island- wide. With a free minibus service, this programme ensured that transportation to a vaccinati on centre was not a barrier to getting the vaccine. Mr. Speaker, the Close to Home programme, which was steadily operationalised and managed by the Bermuda Health Council, was also an ideal oppor-tunity to learn more for those people who wanted to hear about the COVID -19 vaccine from a trusted source. Over the past 18 months, COVID -19 vaccines were also available at the Bermuda Police Recreational Club, the Bermuda College, the King Edward Memorial Hospital, Edgewood Pediatric Services and the Hamilton Heal th Centre. We had pop- up clinics at Fairmont Southampton, Hamilton Princess and Beach Club, Lindo’s Supermarket, the National Sports Cen-tre, Pier 6, and the Crissons Building. The Ministry’s community outreach team worked to reach seniors and partnered wi th agencies such as Age Concern and the Red Cross. The collective efforts made by the community as a whole were priceless, including the support provided by the Bermuda Frontline Foundation and individual citizens throughout the community. Additionally, in recent months, a number of health service providers had vaccination clinics, including the following: • Somerset Pharmacy; • Wee-Care Pediatrics; • Edgewood Pediatric Services; • Omni Medical; • Northshore Medical; • Somers Medical Services; • Bermuda Healthcare Services; and • Bermuda Diabetes Association. Mr. Speaker, as I said earlier, it has been a busy 18 months of vaccinating our community largely for free, with numerous locations around the Island. There were no stones unturned to ensure that ever yone who w anted to get vaccinated had easy access. In addition to the staff of the Ministry of Health, who worked between testing and contact tracing and case management, often in addition to their “day job” as community nurses, we welcomed the necessary assistance of the Bermuda Hospitals Board and its staff, general practitioners, pharmacists, Advanced EMTs, dentists, vets and retired nurses. This collective effort placed Bermuda among the top countries in the world for vaccinations administered per capita. As Min ister, and on behalf of the Ministry, I cannot thank these professionals enough. Their dedication to the Island’s well -being is truly stellar. Our success in dealing with COVID -19 was, and still is, a community effort. I am truly grateful to everyone i nvolved, and I am also grateful to the many individuals in our community who got vaccinated. Those who came when we started 18 months ago, those who waited until they were eligible and registered as soon as they [could], those who were sitting on the fence undecided and eventually got vaccinated, thank you to everyone. Mr. Speaker, the coronavirus vaccine is key to living safely with COVID -19. It reduces the severity of COVID -19 if you get infected, and it reduces hospital isations and deaths. The Ministry of H ealth recognises that this pandemic would have been far worse if not for the level of vaccination in the community. We know that vaccines work and have the data to prove it. We are pausing our vaccination programme for a few months now, as the demand was i nsufficient to warrant another shipment. However, to those not yet vaccinated but considering, I urge you to seek information from a credible source to help you make the decision. We have worked hard to reach this point in the pandemic. I want to thank the entire Bermuda community for its efforts. Thank you, Mr. Speaker.
Bermu da House of Assembly The Speaker: Thank you, Minister of Health. Members, as I indicated just now, we will allow us to go back to the Minister of National Security. Minister, would you like to present your s now?
Hon. Michael A. Weeks: Mr. Speaker —
The SpeakerThe SpeakerNice and clear; we hear you now. Hon. Michael A. Weeks: Nice and clear now?
The SpeakerThe SpeakerYes, continue. AIRPORT FIRE RESCUE SERVICES Hon. Michael A. Weeks: Mr. Speaker, I rise today to provide an update on the Bermuda Fire Rescue Service Airport Operations Division. Is that better, Mr. Speaker?
The SpeakerThe SpeakerYes. Continue. Hon. Michael A. Weeks: Mr. Speaker, the Bermuda Fire Rescue Service operates the Airport Rescue Fir efighting Services whi ch provides aircraft rescue and firefighting services for the L. F. Wade International Airport. I need some indulgence, Mr. Speaker. [Pause]
The SpeakerThe SpeakerMinister, we were able to hear you; you’re fine. Hon. Michael A. Weeks: Okay. Mr. Speaker, Skypor t is the L. F. Wade International Airport’s Aerodrome Certificate Holder. The certificate is issued by the Bermuda Civil Aviation A uthority to Skyport. The Airport Rescue Firefighting Services is a retained government …
Minister, we were able to hear you; you’re fine. Hon. Michael A. Weeks: Okay. Mr. Speaker, Skypor t is the L. F. Wade International Airport’s Aerodrome Certificate Holder. The certificate is issued by the Bermuda Civil Aviation A uthority to Skyport. The Airport Rescue Firefighting Services is a retained government service as part of the airport project agreement between Skyport and the Bermuda Airport Authority. The Bermuda Airport Authority is responsible for managing the retained government service and has transferred responsibility for the delivery of the airport rescue firefighting services to the Bermuda Fire Rescue Service by way of a Memorandum of Understanding in 2007 with an amendment in 2017. There is no fee paid by Skyport to the Bermuda Airport Author ity or the Bermuda Fire and Rescue Service for this service. Mr. Speaker, since 1995 the ac cepted minimum duty strength at the airport has required three crews of five firefighters which has enabled the airport to provide a response Category rating of 9. A rating of 9 is required for large commercial jets including British Airways’ Boeing 777 ai rcraft to service to Bermuda. Mr. Speaker, a February 2022 Skyport Audit of the Airport Operations Division increased the r e-quired firefighter minimum duty strength from 5 per crew to 14 per crew in order to maintain a Category 9 response rating for the a irport. Mr. Speaker, the Bermuda Airport Authority has retained a UK Civil Avi ation Authority Rescue Fire Fighting expert to review the revised requirements and minimum duty strength. The expert has completed his on- Island review and his report is expected shortly. This will form the basis of further discussions on the minimum duty strength requirements at the airport with Skyport and the Bermuda Civil Aviation Authority. Mr. Speaker, in the interim, meetings with the stakeholders, including airlines, have resulted in agreement for an interim variable Category 5 to Cat egory 7 response for the airport with British Airways continuing to provide service with the Category 7 rating. In order to meet the Category 7 rating, the Ber-muda Fire Rescue Service have to provide eight cert ified [aircraft] rescue firefighters per crew as well as have a firefighting vehicle positioned adjacent to the runway for each arrival and departure. To meet this requirement, existing firefighters have been required to work significant extra shifts and overtime hours. This is unsustainable. Mr. Speaker, not all of Bermuda’s firefighters are certified aircraft rescue firefighters. In order for the Bermuda Fire Rescue Service to meet the staffing requirements at the airport in the short t erm, we have had to source overseas firefighters that are certified aircraft rescue firefighters to bolster our numbers. To that end, we have sourced 10 suitably qualified fir efighters to come to Bermuda in July, initially for three months to give our loca l airport firefighters the relief they need. Mr. Speaker, I can also advise that we have begun a local recruitment campaign for an initial batch of 11 firefighters to further bolster the ranks of the service. To be certified aircraft rescue firefighters, the firefighter recruits require specialist overseas training and this with their other local training can take over three months. Mr. Speaker, the 10 overseas firefighters are a temporary measure to ensure that the airport continues to operate as normal. Once we have agreed the final minimum duty strength requirements for the airport, we will look at all options for meeting those requirements and I will provide an update to this Ho nourable House at that time. Mr. Speaker, in closing, I would like to thank the women and men of the Bermuda Fire Rescue Service for their service and, in particular, to those who have stepped up at the airport to meet this chal-lenge. I would also like to thank the executive of the Fire Service Association for their support in th is ma tter. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. 1492 1 July 2022 Official Hansard Report Bermuda House of Assembly Members, that brings us to a close this mor ning of Statements by Ministers and Junior Ministers. It was a long session. We now move on to the next item on the O rder Paper. REPORTS …
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerMembers, as we look to start the Question Period, it is about seven minutes after twelve o’clock. We have some time before it’s 12:30, so we can go ahead and get started there. There are no written questions this morning, so the questions today will come from the Ministerial Statements …
Members, as we look to start the Question Period, it is about seven minutes after twelve o’clock. We have some time before it’s 12:30, so we can go ahead and get started there. There are no written questions this morning, so the questions today will come from the Ministerial Statements that were given this morning. The first Statement that has a question is the Premier’s first Statement this morning on the Update on Financial Perfor mance. You have a question from MP Cannonier. Members, it is now 12:12, and we will start the clock for 60 minutes. Mr. Cannonier, would you like to put your question?
QUESTION 1: FINANCIAL PERFORMANCE UPDATE
Mr. L. Craig CannonierYes, thank you, Mr . Spea ker. And good morning to all colleagues and to Berm uda. I am not sure what page number this is . . . it is the page before the ending of the Statement, at the very bottom of the page where the Premier talks …
Mr. L. Craig CannonierPage 5. I just want to point him to that area. Mr. Speaker, the question I have is, down at the bottom of the page he says “This price freeze of gasoline saves $23 on the average- sized car tank.” I am trying to understand . . . okay, it …
Page 5. I just want to point him to that area. Mr. Speaker, the question I have is, down at the bottom of the page he says “This price freeze of gasoline saves $23 on the average- sized car tank.” I am trying to understand . . . okay, it is a bit opaque. It is not completely transparent. Is he talking about $23 as an annual savings? A weekly savings per tank? I am trying to understand that.
The SpeakerThe SpeakerThank you. Premier. Hon. E. David Burt: Thank you, Mr. Speaker. I a m certainly happy to clarify for the Honourable Member who I am certain knows a little bit about gasoline pri ces.
Mr. L. Craig CannonierI should declare my interest, yes, yes. Hon. E. David Burt: No problem. That was not a thing, I am just saying. So, Mr. Speaker, when we were calculating the savings that were due to members of the public, I certainly did reach out to, funny enough, one of the …
I should declare my interest, yes, yes.
Hon. E. David Burt: No problem. That was not a thing, I am just saying. So, Mr. Speaker, when we were calculating the savings that were due to members of the public, I certainly did reach out to, funny enough, one of the Honourable Member’s former colleagues who used to serve in this Honourable Chamber, who I know sells vehicles. I asked him what the average size of a tank for a private car in Bermuda was. And he told me 40 litres per tank. Mr. Speaker, it is important to note that if the Government took no action as per the pricing mechanism that has been in place since 1979 the cost of gasoline in Bermuda would be $2.91 per litre. Sorry, I should say $2.92 per litre, Mr. Speaker. However, gasoline is only $2.34 a litre. That is a difference of 57.5 cents on each litre, and if we multiply that by 40 that equates to $23.00. So that means that persons in this country filling up an average sized tank of gasoline would pay $23.00 less than they would have if this Government did not take action on freezing gasoline prices.
Mr. L. Craig CannonierI guess the Premier was all over the place there. I just want to make sure that the public understands exactly what they are getting back in savings on this tank. He spoke in terms of litres. And, as you know, Bermudians understand the lingo is in gallons. So I …
I guess the Premier was all over the place there. I just want to make sure that the public understands exactly what they are getting back in savings on this tank. He spoke in terms of litres. And, as you know, Bermudians understand the lingo is in gallons. So I would appreciate it, as he goes forward, if he can help everyone and speak in gallons when he talks about the average size of tanks and the savings that we are getting at the pump. The supplementary question I have is based on three months ago when the Premier put in this price freeze, can he tell us how much the increase was at that time that he prevented from putting in place? Was it 0.4 was it like 0.6? What was it?
Hon. E. David Bu rt: Thank you, Mr. Speaker, I will try to answer the question and provide the answers which I gave before to the Honourable Member. Mr. Speaker, the first thing is that gasoline prices as published in price in Bermuda are done in litres. But for the benef it of the Honourable Member my spreadsheet certainly does contain the calculation in gallons, so I am happy to share that information for him. Prior to the increase —
Mr. L. Craig CannonierMr. Speaker, t his is not for me; this is for the public. Bermu da House of Assembly The Speaker: Yes, yes. When we try to bring information we are doing it not only for the knowledge of those in the House, but those in the listening audience.
The SpeakerThe SpeakerYes. Hon. E. David Burt: No problem, Mr. Speaker, I will respond to the question because I have the answers. Thank you, Mr. Speaker. The difference in the price of a gallon of gas oline is $2.18, Mr. Speaker. So if the Government did not take action, gasoline would be …
Yes.
Hon. E. David Burt: No problem, Mr. Speaker, I will respond to the question because I have the answers. Thank you, Mr. Speaker. The difference in the price of a gallon of gas oline is $2.18, Mr. Speaker. So if the Government did not take action, gasoline would be $2.18 higher, and that is a 25 per cent difference as is stated here in the Statement on page 5.
Mr. L. Craig CannonierNo, this is . . . I don't think the Premier is actually answering the quest ion that I asked. We know that the price of fuel went up by 0.4. That's where it was frozen. So are you saying that . . . that's not $2.00- and-something cents. The …
No, this is . . . I don't think the Premier is actually answering the quest ion that I asked. We know that the price of fuel went up by 0.4. That's where it was frozen. So are you saying that . . . that's not $2.00- and-something cents. The price of fuel three months ago was, let’s just say it was $8.00 . It went up by 0.4. The pri ce increase to the retailer the selling the gas went up by 0.4, not $2.75 cents. It went up by 0.4 per gallon . . . per litre, sorry. So what I am trying to set ascertain is when he refers to the price, did he freeze the 0.4 increase or did he . . . that' s what I am trying to ascertain. He di d not freeze it by $2 .00 per litre.
The SpeakerThe SpeakerI am trying to get a clear point from your question. Your question is that at that stage the increase would have been a 0.4 increase. And you're trying to ask was the price was frozen at that 0.4 i ncrease?
Mr. L. Craig CannonierWhat was the increase three months ago that he froze? He’s saying its $2.00 -andsomething cents. It is not.
The SpeakerThe SpeakerPremier, can you decipher the question that's trying to be generated out of that? Hon. E. David Burt: Mr. Speaker, I will do my best to answer all the information of the Honourable Oppos ition Leader is asking for is not readily in front of me. I prepared for some …
Premier, can you decipher the question that's trying to be generated out of that?
Hon. E. David Burt: Mr. Speaker, I will do my best to answer all the information of the Honourable Oppos ition Leader is asking for is not readily in front of me. I prepared for some questions. I can get that, but allow me to say this Mr. Speaker, and I think that this is the best and easiest way to explain it for the Honourable Member and people of the public. The way that this is done, as I explained in the Ministerial Statement during the Budget Session, is that by agreement from 1979 the Ministry of Finance sets the maximum retail price of gasoline. The max imum retail price of gasoline, Mr. Speaker, has not changed since February. So I am not certain what specific increases the Honourable Member is speaking about. What I can state is ––an d he might be speaking from knowledge in other areas ––what I can state from the perspective of the Ministry of Finance is that we set the maximum price for the sale of gasoline. And that maximum price has not changed since February. At February, it was $2. 34 per litre. It has not changed. So no service station is authorised to sell gasoline higher than that price. If the Honourable Member has information that there may be something else going on I welcome for him to share that with me privately and I am happy to have officials of the Ministry of Finance investigate and follow up with that Honourable Member.
Hon. N. H. Cole Simons: Supplemental, Mr. Speaker.
The SpeakerThe SpeakerFor the sake of clarity, so that we don't go back and forth. I am not going to get into the specific numbers. I think the clarity is that the price that is at the pump today is the same prices that was at the pump in February of this …
For the sake of clarity, so that we don't go back and forth. I am not going to get into the specific numbers. I think the clarity is that the price that is at the pump today is the same prices that was at the pump in February of this year. However, if that freeze had not been put in place in February, there were i ncreases that could and wo uld have taken place from February to today, 1 July. That would have been the impact on, on the increase in fuel. I'm not going into what the numbers were or how much has been saved in that. That is just the simple ins and outs. I do not have the arithmet ic to try and figure that out. I just want for the clarity of the li stening audience and those seeking to ask further questions. I am not disputing what the numbers are, is just that the freeze prevented the fuel [price] from going up higher.
Mr. L. Craig CannonierIn understanding . . . so the . . . I want to be clear. The $23.00 that the Premier speaks of, that is per tank fill -up. Is that what he is saying?
Mr. L. Craig CannonierOr is that for the year? Hon. E. David Burt: Mr. Speaker, if I m ay.
The SpeakerThe SpeakerYes. 1494 1 July 2022 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: As I explained earlier, I was i nformed by retailers of cars in Bermuda that the average sized tank in Bermuda is 40 litres. In the difference of price that was frozen in February …
Yes. 1494 1 July 2022 Official Hansard Report
Bermuda House of Assembly Hon. E. David Burt: As I explained earlier, I was i nformed by retailers of cars in Bermuda that the average sized tank in Bermuda is 40 litres. In the difference of price that was frozen in February to where the price would be if we did not freeze, based upon the formula that is used by the Ministry of Finance, that means for each tank, for an average sized tank, there is a $23 savings. It would have been $23 more. Now, some tanks could be bigger, some tanks can be smaller. I just used an average sized tank which was stated to me at 40 litres.
Hon. N. H. Cole Simons: Supplemental.
The SpeakerThe SpeakerPut your supplement ary, Opposition Leader. SUPPLEMENTARY Hon. N. H. Cole Simons: Mr. Minister of Finance, despite the fact that you did not increase the retail price of gas since February, my question to you is this: Can you confirm that there was an incremental increase i n government revenue …
Put your supplement ary, Opposition Leader.
SUPPLEMENTARY
Hon. N. H. Cole Simons: Mr. Minister of Finance, despite the fact that you did not increase the retail price of gas since February, my question to you is this: Can you confirm that there was an incremental increase i n government revenue because of the wholesale price of fuel increasing during the same period? So you did not charge us, but our Consolida ted Fund benefited from the ad valorem tax based on the increase of the wholesale price of fuel coming to this country .
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I am going to do my best to be polite. But this is the second time that the Honourable Opposition Leader and Shadow Mini ster of Finance has made a statement that he purports to be factual. Last ti me it was with …
Premier.
Hon. E. David Burt: Mr. Speaker, I am going to do my best to be polite. But this is the second time that the Honourable Opposition Leader and Shadow Mini ster of Finance has made a statement that he purports to be factual. Last ti me it was with CPI, which was completely wrong, and this time the Member is co mpletely wrong again.
Hon. N. H. Cole Simons: I’m asking a question. I am not making a statement. I am just asking a question. Hon. E. David Burt: Gasoline import taxes are not ad valorem taxes. They are taxes on each unit. This is relief that is costing the government money and we will certainly make sure that those measures are laid when we speak about the economic relief package that this Government will be presenting at the next time that the House of Assembly sits, Mr. Speaker. But it is patently false to state that the Government of Bermuda, while reducing gasoline taxes to protect consumers, saving persons $23 for each time they fill up, is earning the government more money. That is patently and 100 per cent false, Mr. Speaker. Hon. Michael H. Dunkley : Supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARY Hon. Michael H. Dunkley: Good morning, Mr. Speaker and colleagues. The Honourable Premier just said that this is relief that is costing the taxpayer money. So I assume he is referring to the cost increase that the fuel companies have requested and has been denied. So in …
Supplementary, yes.
SUPPLEMENTARY Hon. Michael H. Dunkley: Good morning, Mr. Speaker and colleagues. The Honourable Premier just said that this is relief that is costing the taxpayer money. So I assume he is referring to the cost increase that the fuel companies have requested and has been denied. So in this case, as per what the Premier just said, how has the government paid or compensated the fuel companies for not allowing their increases to be passed onto the consumer?
The SpeakerThe SpeakerThank you. Let me just remind you of the dress code. Premier. Hon. E. David Burt: Thank you, Mr. Speaker. Hon. Michael H. Dunkley: Mr. Speaker, I have my tie—
The SpeakerThe SpeakerJacket, jacket, jacket. Hon. Michael H. Dunkley: Okay, it’s a little hot, but I’ll get my jacket.
The SpeakerThe SpeakerNo problem. Premier. Hon. E. David Burt: Mr. Speaker, I am happy to answer the question. There has been no c ompensation. The cost to the taxpayer is because gasoline taxes in this country are very high. Do you know why they are high, Mr. Speaker? Because the former Government …
No problem. Premier. Hon. E. David Burt: Mr. Speaker, I am happy to answer the question. There has been no c ompensation. The cost to the taxpayer is because gasoline taxes in this country are very high. Do you know why they are high, Mr. Speaker? Because the former Government under the Honourable Member’s leadership doubl ed those taxes while they were in office, Mr. Speaker. But this Government has done as we stated inside of our Budget Statement, that we would take the variances from the budget to provide relief in the form of lower energy taxes. We have delivered on that promise. And as I stated in my response earlier, Mr. Speaker, we will quantify how much this relief cost s, quantify additional relief to make sure that we are being responsive to the concerns of the electorate, Mr. Speaker. But the Government has made no payment s to fuel companies.
The SpeakerThe SpeakerWho is asking for a supplementary?
Mr. L. Craig CannonierI have a second question if there are no supplementaries . Bermu da House of Assembly The Speaker: Your second question or supplementary to that question? Okay, secon d question. QUESTION 2: FINANCIAL PERFORMANCE CE UPDATE
Mr. L. Craig CannonierSo, Mr. Speaker, my second question then is based on what the Premier is saying, who is footing . . . because fuel [cost] is increasing. And we know that fuel [cost] is incr easing right now with every boatload that comes in every couple of months to the RUBiS …
So, Mr. Speaker, my second question then is based on what the Premier is saying, who is footing . . . because fuel [cost] is increasing. And we know that fuel [cost] is incr easing right now with every boatload that comes in every couple of months to the RUBiS or so. Who is who is taking the cut here? Is it government that has taken a cut or is it corporate business that's taken a cut to maintain this price? Has the government taken a deduction or has the corporate company taking the deduction to mai ntain the price? Who is absorbing that?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker, I am happy to provide clarity. I thought I had answered that specific question twice already, but I will try again. The ability to freeze the cost at the pump is due to the fact of the extraordinary high gasoline taxes …
Premier.
Hon. E. David Burt: Thank you, Mr. Speaker, I am happy to provide clarity. I thought I had answered that specific question twice already, but I will try again. The ability to freeze the cost at the pump is due to the fact of the extraordinary high gasoline taxes which were doubled under the former administration. What we have done is put in place a pricing mechanism that is reducing the taxes to make sure that the cost does not increase. There is a little bit of shared sacrifice which may be coming from some of the fuel importers due to the variances. But the majority of this, Mr. Speaker, is being absorbed by the gover nment in the form of a reduction in the gasoline import taxes which is directly in line with the pledge that we made in the 2022 Budget Statement delivered in this Honourable House. As this measure moves forward as part of one of the Bills which I expect to tabl ed next week, Mr. Speaker, the Minister of Home Affairs, the Deputy Premier, will bring the Fuels Bill and that will move the regulation of fuel pricing from an informal structure at the Ministry of Finance to the Regulatory Authority which will hav e a complete and full transparency and all of those particular items just as things are done in other areas. But at this time, Mr. Speaker, it is primar ily being borne by the Ministry of Finance and in the form of reduced taxes which is saving businesses a nd families across this country and protecting them from the increase in gasoline prices. Record gas prices all around the world, Mr. Speaker, not here in Bermuda.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY
Mr. L. Craig CannonierYes, supplementary, Mr . Speaker. Understanding what the Premier has said, I mean, if we look around the world Bermuda gas pri ces have been some of the highest around the world. Everyone else is just catching up to us, quite frankly. You know, we've been at $8 for Lord …
Yes, supplementary, Mr . Speaker. Understanding what the Premier has said, I mean, if we look around the world Bermuda gas pri ces have been some of the highest around the world. Everyone else is just catching up to us, quite frankly. You know, we've been at $8 for Lord knows ho w long. So I don’t buy into his assertion of what he just said. My question to him, then, is, he saying that this is a shared sacrifice and I'm getting confused here because I have not heard the Premier give us, or qualify exactly the reduction in taxes t hat the Gover nment has put in place to reduce the price. I understand that the corporate level has taken the reduction and expects a rebate. Now, if the Premier is saying that at some point in time he is going to give them a rebate, then he should say that. But I don't believe that the Gover nment has taken a rebate over the last three months with the full fuel price. It has been the corporate bus iness that has done that.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I have the benefit of sittin g in the chair of the Ministry of Finance and I can say what the Honourable Member is saying is categorically false. But if he wishes to have a conversation with me on the specifics, as there …
Premier. Hon. E. David Burt: Mr. Speaker, I have the benefit of sittin g in the chair of the Ministry of Finance and I can say what the Honourable Member is saying is categorically false. But if he wishes to have a conversation with me on the specifics, as there are 14 Statements and we have spent 12 minutes of the O pposition seemingly attacking the Government for pr otecting persons against the increase in gasoline pri ces—
Mr. L. Craig CannonierPoint of order, Mr. Speaker. We were not attacking we were seeking clarification. There is no attack. — Hon. E. David Burt: With re spect, Mr. Speaker —
The SpeakerThe SpeakerMembers, just be mindful of the term inology that we use when people are exercising the process of Parliament which is to scrutinise matters. And if we are allowing it to be scrutinised is not seen to be on the offensive; it is seen to be doing what Parliament is …
Members, just be mindful of the term inology that we use when people are exercising the process of Parliament which is to scrutinise matters. And if we are allowing it to be scrutinised is not seen to be on the offensive; it is seen to be doing what Parliament is required to do.
Hon. E. David Burt: Thank you very much, Mr. Speaker. So, Mr. Speaker, allow me to say this. The Honourable Member did say something. He did say t hat gasoline prices in Bermuda have been high. And do you know why part of that is, Mr. Speaker? The former Government doubled the taxes on gasoline which led to an additional increase in the price of gasoline at the pump of $1.50, Mr. Speaker. So, yes, prices are high. And, yes, we are g oing to tackle them. So I am happy to speak with the Honourable Member if he has any particular questions. I am happy for the Members of the Opposition 1496 1 July 2022 Official Hansard Report B ermuda House of Assembly to meet with technical officers in the Ministry of F inance to get the clarification of which they want, Mr. Speaker. But what is clear in this particular instance, Mr. Speaker, is that we have taken action to protect persons from the increase of gasoline prices. There are record gasoline prices around the world. Not here in Bermuda, Mr. Speaker, because of the actions of this Government.
The SpeakerThe SpeakerThank you. Mr. Premier, there are other Members who also wish to put questions to you on this Statement. Based on the first Member who has asked questions and the amount of energy that i t generated, I assume that the other two Members when they put their ques-tions are …
Thank you. Mr. Premier, there are other Members who also wish to put questions to you on this Statement. Based on the first Member who has asked questions and the amount of energy that i t generated, I assume that the other two Members when they put their ques-tions are going to . . . could similarly generate the same type of time. With that said, I am going to suggest that we take our traditional break at this moment. We come we will come back at two o’clock , with roughly 39 minutes on the clock, so that we can finish the Question Period. So if you move us now, and Members I just seek your indulgence now, if we can break and come back at two o’clock and continue the Question Period. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn for lunch until 2:00 pm.
The SpeakerThe SpeakerThank you, Premier. Are there any objections? There are none. Members, the House now stands adjourned until 2:00 pm. Proceedings suspended at 12:30 pm Proceedings resumed at 2:00 pm [ Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerGood afternoon, Members. We are back in session after our break, and for the listening public , a quick recap. We started this morning with the normal order of business. We made it through the list of Statements this morning. We had 14- odd Statements that were given this morning …
Good afternoon, Members. We are back in session after our break, and for the listening public , a quick recap. We started this morning with the normal order of business. We made it through the list of Statements this morning. We had 14- odd Statements that were given this morning by the Ministers , and we are now on the Question Period to address those Statements. We have 39 minutes remaining on the clock for Question Period. We had dealt with the first Statement this morning by the Premier in reference to the Update on the Financial Performance, and one MP had put questions. We have other MPs who wish to put questions and we are going to proceed from there. With that said, MP Cannonier, you put your first and the second question . Did you have a third question? QUESTION PERIOD [ Continuation thereon]
Mr. L. Craig CannonierYes. Mr. Speaker, I am going to let my other colleagues ask their questions.
The SpeakerThe SpeakerNo problem. Premier, other Member s have questions for that Statement , [and one] is the Opposition Leader. Opposition Leader, would yo u like to put your question now? [ No audible response]
The SpeakerThe SpeakerOkay, well, MP Dunkley, you can put your question now , and if the Opposition Leader wis hes to put his afterwards, we will come back to him. MP Dunkley, you have the floor. QUESTION 1: FINANCIAL PERFORMANCE UPDATE Hon. Michael H. Dunkley: Thank you, Mr. Speaker, and good afternoon …
Okay, well, MP Dunkley, you can put your question now , and if the Opposition Leader wis hes to put his afterwards, we will come back to him. MP Dunkley, you have the floor. QUESTION 1: FINANCIAL PERFORMANCE UPDATE Hon. Michael H. Dunkley: Thank you, Mr. Speaker, and good afternoon colleagues. Honourable Premier, has the G overnment made any commitments or promises to fuel com panies that it has yet to meet?
The SpeakerThe SpeakerPremier . Hon. E. David Burt: Not to my knowledge. I am not entirely certain what is being asked. If the Member wants to be more specific, I might be able to answer that question. Hon. Michael H. Dunkley: I thought I was quite specific. I'll rephrase.
The SpeakerThe SpeakerJust rephrase the question. Hon. Michael H. Dunkley: Yes. In any of the meetings, discussions, emails or correspondence has the Premier or the Government of Bermuda made any commitments in regard to taxation and revenue from taxation to the fuel companies that has yet to be met? Hon. E. David …
Just rephrase the question. Hon. Michael H. Dunkley: Yes. In any of the meetings, discussions, emails or correspondence has the Premier or the Government of Bermuda made any commitments in regard to taxation and revenue from taxation to the fuel companies that has yet to be met? Hon. E. David Burt: Mr. Speaker . . . may I respond? I’m sorry, Mr. Speaker.
The SpeakerThe SpeakerYes, go ahead. Hon. E. David Burt: Thank you. Mr. Speaker. Be rmuda House of Assembly Not to my knowledge. B ut if the Honourable Member has information that persons are saying that the Government has not done anything, I am happy for him to go ahead and share those …
The SpeakerThe SpeakerThank you. Do you have a supplementary? Hon. Michael H. Dunkley: Yes, I do . But for clarity, Mr. Speaker, I do no t have any knowledge. I am just asking the question.
The SpeakerThe SpeakerOkay. Put your second supplementary . . . your first supplementary. Hon. Michael H. Dunkley: Another question, Mr. Speaker.
The SpeakerThe SpeakerYou don’t have a supplementary? Hon. Michael H. Dunkley: Not on that one. No.
The SpeakerThe SpeakerOkay, well, put your question then. QUESTION 2: FINANCIAL PERFORMANCE UPDATE Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. I don't know if anyone else does, but not on that one. Mr. Speaker, in the Budget Statement the Government did promise that they would review tax ation and direct …
Okay, well, put your question then. QUESTION 2: FINANCIAL PERFORMANCE UPDATE Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. I don't know if anyone else does, but not on that one. Mr. Speaker, in the Budget Statement the Government did promise that they would review tax ation and direct relief as required. Why was that not done during the February 2022/23 Budget or in the five years since the PLP has become the Government ? Why has relief not been given? And why are we at this stage now where Government is only considering it?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I can say that what the Honourable Member . . . the basis of his question is categor ically false. I can run through the litany of relief measures of which this G overnment has done, Mr. Speaker . …
Premier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I can say that what the Honourable Member . . . the basis of his question is categor ically false. I can run through the litany of relief measures of which this G overnment has done, Mr. Speaker . I can run through the fact that when it comes to payroll taxes and workers in this country, the payroll taxes for workers were the highest they had ever been under his leadership as Premier of this country , that workers in this country cumulatively ha ve saved $4,920 in taxes. I reject the fact that relief has just [now] started, Mr. Speaker. In addition to that , Mr. Speaker, whether it is reduction on duty, whether it is increases to pensions indexed to the rate of inflation, whether it is a relax ation of vehicle licen sing fees, whether it is relief that has been provided to businesses . . . a nd, Mr. Speaker, speaking about during the pandemic , money that was given to persons to support them during [that] time. Despite the fact , Mr. Speaker , that this G overnment inherited a bad airport deal which has had the Government spend $44 million, and the Morgan’s Point project wh ich has had us spend over $200 mi llion. Mr. Speaker , if I had $250 million additional to provide relief, there is certainly more relief that could have been provided. But we are doing, we are giving relief . And persons can contrast the records . [The] highest payroll tax in history was with that Government , Mr. Speaker . [The] lowest in history for workers is under this G overnment. Mr. Speaker, the highest gasoline tax in history was under his Government , and a reduction of gasoline tax for the people of this cou ntry [is from this Government] . So I reject the question that we are just giving relief . That is not correct.
The SpeakerThe SpeakerSupplementary ? Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerSupplementary. SUPPLEMENTARY Hon. Michael H. Dunkl ey: Let me just provide some clarification. The OBA did start the change in the pa yroll tax structure, and I think the P remier is conveniently forgetting that . Let me be more specific then in this supplementary .
The SpeakerThe SpeakerPut your question. Hon. Micha el H. Dunkley: The Premier talks at great length about the tax relief at the pump for Bermudi-ans. When is it going to be codified and clarified by passing legislation in the House of Assembly? Hon. E. David Burt: Mr. Speaker, I thank the Member …
Put your question. Hon. Micha el H. Dunkley: The Premier talks at great length about the tax relief at the pump for Bermudi-ans. When is it going to be codified and clarified by passing legislation in the House of Assembly? Hon. E. David Burt: Mr. Speaker, I thank the Member for his question. That comes in two parts. Number one, the r elief that is being provided, or the fuel structure current-ly in this country , is not governed in any other piece of legislation. So, it is an informal agreement that was signed— which I had informed the House of Assembly when I found this out in February or Marc h—I believe at that point in time, by the Financial Secretary , David Saul, between the gas companies and the G overnment and that has existed for 43 years. What I did say in answer to a question earlier was that it is my belief that the F uels Bill is set to be tabled in this session, certainly in this session, Mr . Speaker . It may be coming next week. And I know that it will have a full regulatory framework around fuels in this country .
The SpeakerThe SpeakerSupplementary ? 1498 1 July 2022 Official Hansard Report Bermuda House of Assembly Hon. Michael H. Dunkley: No, Mr. Speaker , because I think —
The SpeakerThe SpeakerAnother question? Hon. Michael H. Dunkley: —once the Bill is tabled then we can have a full debate on it. QUESTION 3: FINANCIAL PERFORMANCE UPDATE Hon. Michael H. Dun kley: Yes, a third question , Mr. Speaker. Has the Honourable Premier been able to have a team in the Ministry …
Another question?
Hon. Michael H. Dunkley: —once the Bill is tabled then we can have a full debate on it.
QUESTION 3: FINANCIAL PERFORMANCE UPDATE
Hon. Michael H. Dun kley: Yes, a third question , Mr. Speaker. Has the Honourable Premier been able to have a team in the Ministry of Finance work out how much the tax relief to the consumer will cost ? The Honourable Premier says it is saving $23 filling up a tank of gas in an average sized car. How much will the tax relief cost ? And how much has the Honourable Premier budgeted for this cost -saving measure?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, thank you very much. But I will remind the Honourable Member that insofar as my Statement, I will certainly share the details of the costing of the full package of which has been given. What I can say to the Honourable Member is …
Premier. Hon. E. David Burt: Mr. Speaker, thank you very much. But I will remind the Honourable Member that insofar as my Statement, I will certainly share the details of the costing of the full package of which has been given. What I can say to the Honourable Member is that what we committed to do during our Budget Statement is that any difference in our budge t targets , half of that money would go towards relief and the Government will certainly deliver half that money t owards relief. The full -year numbers are not done. I understand how much it has cost thus far, but I prefer to present all of those items in totality , Mr. Speaker , and I will certainly do that at our next sitting of the House of Assembly .
The SpeakerThe SpeakerOkay. Supplementary ? Hon. Michael H. Dunkley: Yes, supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary. SUPPLEMENTAR IES Hon. Michael H. Dun kley: Mr. Speaker, I thank the Honourable Premier for clarity on that in regard to the half that will go towards relief. So knowing that the full numbers are not available, what guideline is the Premier using to make sure that he sticks …
Supplementary.
SUPPLEMENTAR IES
Hon. Michael H. Dun kley: Mr. Speaker, I thank the Honourable Premier for clarity on that in regard to the half that will go towards relief. So knowing that the full numbers are not available, what guideline is the Premier using to make sure that he sticks within the half and does not go too far short or even too far over? What measuring sticks do they have to work with?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: The measuring stick that I have , Mr. Speaker , is to make sure that we are doing what we can to provide relief to the people of this country. I am confident that we are not going above that level , Honourable Member . …
Premier. Hon. E. David Burt: The measuring stick that I have , Mr. Speaker , is to make sure that we are doing what we can to provide relief to the people of this country. I am confident that we are not going above that level , Honourable Member . And as I said to the Honourable Member, Mr. Speaker, . . . sorry , to you , Mr. Speaker , I will be able to provide the full costing details. We certainly do have the preliminary costing details , but I want to provide everything in a package in its totality. But we are guided by the principle of relief now and more relief to come. And I am pleased that we are able to deliver that relief , especially as we are seeing countries around the world experiencing record gas prices . And I think the people of this country , and hopefully Members of this Honourable House, will be confident that this is not the case here in Bermuda.
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: Yes, final supplementary.
The SpeakerThe SpeakerYes. Hon. Michael H. Dunkley: To the Honourable Premier, thanks for that answer. And I am sure everyone supports the relief. What preliminary numbers are you working with, Honourable Premier? You mentio ned those. So I am sure you can share those, and I would understand if they were change …
Yes.
Hon. Michael H. Dunkley: To the Honourable Premier, thanks for that answer. And I am sure everyone supports the relief. What preliminary numbers are you working with, Honourable Premier? You mentio ned those. So I am sure you can share those, and I would understand if they were change d when the Bill comes in the next session.
Hon. E. David Burt: Mr. Speaker, I refer the Honourable Member to the answer I gave a few minutes ago, that I prefer to share all of those items in their totality. But I can assure the Honourable Member that we u nderstand the costing of these particular matters and they will fit inside the envelope that we have pr escribed for relief inside the B udget Statement so that we continue to hit our budget targets which is necessary for this country to maintain its credit ratings so that we can continue to grow this economy.
The SpeakerThe SpeakerThank you. The Member has concluded his three questions. Does the Opposition Leader . . . would you still like to put questions to the Premier on that Stat ement? [No audible response]
Mr. Jarion RichardsonMr. Speaker, [this is] the O pposition Whip. No, the Opposition Leader would not—
The SpeakerThe SpeakerOkay. Thank you. We will move on. Thank you, Premier. Bermu da House of Assembly However, Premier, your third Statement also has questions that Members would like to put to you . This comes from MP Cannonier. MP Cannonier , would you like to put your question regarding the Premier …
Okay. Thank you. We will move on. Thank you, Premier.
Bermu da House of Assembly However, Premier, your third Statement also has questions that Members would like to put to you . This comes from MP Cannonier. MP Cannonier , would you like to put your question regarding the Premier ’s third S tatement on contributory pensions?
QUESTION 1: KEEPING OUR PROMISES: INCREASING PENSIONS TO KEEP UP WITH INFLATION
Mr. L. Craig CannonierThank you. Mr. Speaker. The Premier mentioned that this 2.75 per cent i ncrease fully covers the overall weight of inflation. So I guess my question then is, Does the Premier still i nsist that this 2.5 per cent that the G overnment has put out there as inflation . …
Thank you. Mr. Speaker. The Premier mentioned that this 2.75 per cent i ncrease fully covers the overall weight of inflation. So I guess my question then is, Does the Premier still i nsist that this 2.5 per cent that the G overnment has put out there as inflation . . . is he still sticking to that number , that this is our true inflationary rate?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, if I may . Inflation in this country is [calculated] by the consumer price i ndex [CPI] that the Department of Statistics has been collect ing in the same fashion since 1964 when it began. I do not know if the Honourable Member …
Premier.
Hon. E. David Burt: Mr. Speaker, if I may . Inflation in this country is [calculated] by the consumer price i ndex [CPI] that the Department of Statistics has been collect ing in the same fashion since 1964 when it began. I do not know if the Honourable Member questioned the figures when he sat in thi s office, but I want to trust that my public servants are doing their jobs. And I reject the fact of the implication, as some person made—not saying the Honourable Member —that the Government is making it up . The basket of goods . . . and at our last sitting the Minister of Economy and Labour, who I certainly believe knows far more about statistics than any of us in this Honourable Chamber , explained in detail the calculation s of the CPI . Yes, there are some items which will go up higher than that. Yes, ther e are other items which may not be going up. And yes, there are some items which may have even fallen , year over year. But the figures reported are the only figures that the Government can and will use because we are not going to start getting into a guess ing game on those particular matters. So to answer the Honourable Member’s question, the official figures as reported by the Government of Bermuda are the official figures that will be used by the Government of Bermuda. In regard to the S tatement, there w ere two particular pension increases , because there was not a pension increase last year and there was a view as to whether or not we should do two [increases this year ]. And it got very complex because we h ave never done it that way before, e ven though last year ’s was nixed. I said to the Ministry of Finance, Please give me advice on how you feel best to tackle this . The Ministry of Finance came back to me with 2.75 [per cent] as the number of which they think would be the best number to go with. And I think that was in recognition . . . Mr. Speaker, as you know we always do these things retroactively because it takes a while to make sure that we get the CPI and go through all those other items , insofar as the calcul ation. As we were seeing food prices inc rease, and as stated in the Statement, the importance of making sure that our senior citizens have healthy food options this increase has been set at this amount. We will look at what happens the next time around. But I think it is also important to note , Mr. Speaker , that inside of my Statement one of the things that is important is that we are currently reviewing the Contributory Pension Fund, as we are all pension funds. And the one thing that I would like to share with Members of the Honourable House i s that the work to reform the C ontributory Pension Fund is at an advanced stage and the proposals now include the pr ovision to make social insurance contributions progressive. And the intention is to increase the full speed of changes during the budget ses sion of 2023 to ensure that social insurance is well secured into the future .
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY
Mr. L. Craig CannonierYes, supplementary, Mr. Speaker. Thank you very much. So considering, you know , in the past the Premier has very much gotten involved in detail with certain areas when it comes to finance. And based on the local economists and their public impression of where they believe the inflationary rate …
Yes, supplementary, Mr. Speaker. Thank you very much. So considering, you know , in the past the Premier has very much gotten involved in detail with certain areas when it comes to finance. And based on the local economists and their public impression of where they believe the inflationary rate to be, the Premier himself again . . . is he saying . . . I am trying to understand. Is he saying that he stands by this fi gure? Because he has had enough private sector economists weigh in on this here. So sometimes it is good to be able to, you know, [consult] with the private sector and these economists to ensure that we have got this pricing right, because there is a huge discrep-ancy between the two . Has he spent more time trying to find out how this all has worked and how it is wor king?
The SpeakerThe SpeakerGo ahead. Hon. E. David Burt: Mr. Speaker, the benefit of experience over five years in this role has taught me to make sure that I let my Ministers handle their partic ular matters. The Minister of Economy and Labour is someone who has worked in the D epartment of …
Go ahead.
Hon. E. David Burt: Mr. Speaker, the benefit of experience over five years in this role has taught me to make sure that I let my Ministers handle their partic ular matters. The Minister of Economy and Labour is someone who has worked in the D epartment of Statistics and has experience in this . He gave a full M inisterial Statement on this last week where there were a number of questions . He has spoken to the media. He has spoken to Bernews , and has done these partic ular items . I am confident in the views , positions and thoughts of the Minister of Economy and Labour on the management of the Department of Statistics un-derneath his particular charge, Mr. Speaker .
1500 1 July 2022 Official Hansard Report
Bermuda House of Assembly The Speaker: Second supplementary ? Or new question?
The SpeakerThe SpeakerOkay. Thank you, Premier. The next Statement that has questions this morning is for the Minister of Tourism . Minister of Tourism , MP Cannonier has questions for you. Hon. Vance Campbell: Thank you, Mr . Speaker.
The SpeakerThe SpeakerYes. MP Cannonier, would you like to put your question?
Mr. L. Craig Ca nnonierThank you, Mr. Speaker. I just wanted to . . . sorry, I got so many papers in front of me, I am trying to get to the right page here.
The SpeakerThe SpeakerNo problem. QUESTION 1: TOURISM INVESTMENT (CAMBRIDGE BEACHES RESORT AND SPA) ORDER 2022
Mr. L. Craig CannonierHere it is. I got it . On page two . . . and thank you, Mr. Speaker . And thank you also to our new Minister . I am glad to see that he had meetings at the hotel . That is really good to hear . On page …
Here it is. I got it . On page two . . . and thank you, Mr. Speaker . And thank you also to our new Minister . I am glad to see that he had meetings at the hotel . That is really good to hear . On page two. Considering . . . and I know that we have a B ill. I have just tak en a look at the B ill as well, so I do not want to get into that . But based on the Statement that he gave, we understand, and given the fact that Cambridge B eaches is very important to us and to the tourism industry I was just c urious . . . and we hope that this work is done quickly because he states at the top of the page that “the owners intend to renovate all the existing cottages, restaurants , spa . . . .” and he goes on. How long does he, the Minister, believe that this reno vation work is going to take?
The SpeakerThe SpeakerMinister. Hon. Vance Campbell: Mr. Speaker, as per conversations and information provided by the developers, the owners, they indicated that they are looking to start these renovations in November of this year , and the targeted completion date is April of 2023.
The SpeakerThe SpeakerThat’s all? Okay. Minister, there are no further questions for you. Thank you. The next Statement, Members, that has a question this morning is for the Minister of Social D evelopment and Seniors regarding the Statement on the UN d evelopment . Minister Furbert, MP . . . Is the …
Mr. Scott PearmanThat's a question by me. Mr . Speaker , MP Pearman.
The SpeakerThe SpeakerOkay. MP Pearman, do you have a question?
The SpeakerThe SpeakerAll right. QUESTION 1: LANDMARK LAUNCH OF A BERMUDA AND UNITED NATIONS ECONOMIC PARTNERSHIP
Mr. Scott Pear manThank you, Mr. Speaker. Thank you, Honourable Minister. Thank you for the S tatement about this very welcomed and exciting United Nations economic partnership. I know that MP Susan Jackson and Senator Robin Tucker from the OBA were both able to attend and hear about it , and it is …
Thank you, Mr. Speaker. Thank you, Honourable Minister. Thank you for the S tatement about this very welcomed and exciting United Nations economic partnership. I know that MP Susan Jackson and Senator Robin Tucker from the OBA were both able to attend and hear about it , and it is good to see Bermuda doing this initiative. So thank you for that. I do have two questions arising from your Statement. The first question I have is [regarding] the front page, [where] you say it's a joint program that is approx imate ly a $1 million investment across two countries; namely, our Bermuda and T he Bahamas . Is there a break down as between those two islands as to who is going to get what ? Is it a 50/ 50 split , or is there a particular breakdown? That is my question. Thank you.
The SpeakerThe SpeakerMinister. Hon. Tinee Furbert: Thank you to the M ember for the question. There actually is not a breakdown yet , as far as a 50/ 50 split for these funds . We are going to be working on an assessment to see how we would best utilise those funds. …
Minister.
Hon. Tinee Furbert: Thank you to the M ember for the question. There actually is not a breakdown yet , as far as a 50/ 50 split for these funds . We are going to be working on an assessment to see how we would best utilise those funds. So once we have that information we will definitely share how it's being utili sed.
Mr. Scott PearmanNo, no supplementary. Second question, please, Mr. Speaker.
The SpeakerThe SpeakerYes. Second question, yes. Bermu da House of Assembly QUESTION 2: LANDMARK LAUNCH OF A BERMUDA AND UNITED NATIONS ECONOMIC PARTNERSHIP
Mr. Scott PearmanYes. Thank you, Honourable Minister . On the fourth page of your S tatement, you deal with the unemployment rate and reveal the rather concerning statistic that youth unemployment rates increased significantly , jumping from 18.8 per cent in 2019 to a rather eye- watering 32.1 per cent in 2020. …
Yes. Thank you, Honourable Minister . On the fourth page of your S tatement, you deal with the unemployment rate and reveal the rather concerning statistic that youth unemployment rates increased significantly , jumping from 18.8 per cent in 2019 to a rather eye- watering 32.1 per cent in 2020. I know that there was a labour survey out recently. Just to be clear, that 32.1 per cent is unemployed, and it does not include underemployed. Is that correct?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker.
The SpeakerThe SpeakerMinister, I think your microphone might be off. Hon. Tinee Furbert: I can . . . I can — Hon. Jason Hayward: Mr. Speaker.
The SpeakerThe SpeakerMP . . . [who] is that? Minister Hayward, were you trying to get my attention? Hon. Jason Hayward: Yes. While the question was . . . the figures pertained to —
The SpeakerThe SpeakerOne second, one second, Minister. Minister Furbert, you are yielding, allowing Minister Hayward to respond? Hon. Tinee Furbert: I am yielding to Minister Ha yward for clarification.
The SpeakerThe SpeakerOkay. Minister Hayward, go ahead. Hon. Jason Hayward: I just want to clarify that the statistics produced in the Statement come from r eports from the Ministry of Economy and Labour. They are purely unemployed and do not feature the underemployed.
Mr. Scott PearmanI am happy to continue to put t he question to Minister Hayward or Minister Furbert as they prefer. Do we know what the number would be , above 32.1 per cent i f we include underemployed?
The SpeakerThe SpeakerMinisters , whichever. Hon. Tinee Furbert: Sure . I will again yield to Minister Hayward speaking to unemployed.
The SpeakerThe SpeakerMinister Hayward. Hon. Jason Hayward: Mr. Speaker , the unemplo yment number doesn't change if you factor in the underemployed rate. If the specific Member is asking for the portions of persons underemployed in that age group, that is public knowledge because it will be found in the Labour Force …
Minister Hayward.
Hon. Jason Hayward: Mr. Speaker , the unemplo yment number doesn't change if you factor in the underemployed rate. If the specific Member is asking for the portions of persons underemployed in that age group, that is public knowledge because it will be found in the Labour Force survey information that would have been put out by the G overnment at the time. The statistics are actually released.
Mr. Scott PearmanI am grateful for the clarification from the Minister for Economy and Labour . Thank you, Minister. Thank you, Minister F urbert. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThat’s it? No further questions?
The SpeakerThe SpeakerOkay, thank you. Thank you, Members. Minister, that's the last . . . those are the only questions for that Statement. The next Statement that has questions this morning, Minister Hayward , is actually your second Statement regarding the Update on the Established Recovery [Plan] . The Opposition Whip has …
Okay, thank you. Thank you, Members. Minister, that's the last . . . those are the only questions for that Statement. The next Statement that has questions this morning, Minister Hayward , is actually your second Statement regarding the Update on the Established Recovery [Plan] . The Opposition Whip has a question for you. Opposition Whip, would you like to put your question?
Mr. Jarion RichardsonI would , yes. Good afternoon. Mr. Speaker. Good afternoon to the listening public and Honourable Minister . I am afraid, Mr. Speaker, I actually had a question on both the processing passports and the ER, the Economic Recovery Plan update. B ut I think the processing passports came first.
The SpeakerThe SpeakerOkay , would you like to do that one first then? I had overlooked it and gone to the second. Yes. [Crosstalk] QUESTION 1: PROCESSING OF BRITISH OVERSEAS TERRITORY CITIZEN (BOTC) BERMUDA PASSPORTS
Mr. Jarion RichardsonWould the Honourable Mini ster be able to inform this Honourable House, or clarify for this Honourable House page 6 of his Statement 1502 1 July 2022 Official Hansard Report Bermuda House of Assembly . . . or, rather , throughout the S tatement he is referring to 11 weeks …
Would the Honourable Mini ster be able to inform this Honourable House, or clarify for this Honourable House page 6 of his Statement 1502 1 July 2022 Official Hansard Report
Bermuda House of Assembly . . . or, rather , throughout the S tatement he is referring to 11 weeks being a typical processing time for pas sports . And it has gone up to 20 weeks , and in excess [of that] in certain cases. When does he anticipate the changes he is making taking effect a nd bringing the processing time back down to 11 weeks ?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker , the recruitment process was commenced once we had the staff on board. Within the next couple of weeks we should see the immediate impact in terms of the turnaround times . But it's going to take us a while to get back to …
Minister. Hon. Jason Hayward: Mr. Speaker , the recruitment process was commenced once we had the staff on board. Within the next couple of weeks we should see the immediate impact in terms of the turnaround times . But it's going to take us a while to get back to the 11-week processing times because some of the staff needs to be trained up in the vetting of the pas sport applications. I outlined in the S tatement that there were these validity checks in terms of going through the British Nationality Act that one would need to do in order to provide that information to H er Majesty ’s Passport Office. And it will take some time to have persons upskilled to be fully cogni sant of the notific ations t hat should be placed in to the system .
The SpeakerThe SpeakerSupplementary ? SUPPLEMENTAR IES
Mr. Jarion RichardsonYes, please. Thank you. Mr. Speaker. Thank you, Honourable Minister. As it relates to the Ministe r’s response for r ecruiting staff , what , if any , impact is he anticipating to the department ’s budget? Are we getting money from a different department for this hiring? Is it …
The SpeakerThe SpeakerThank you. Minister. Hon. Jason Hayward: Mr. Speaker, t he Statem ent indicated that the Ministry of Finance has approved supporting the hiring. We would have to get suppl ementary funding from other areas within the gover nment as the funds within the Department of Immigr ation are currently not …
Mr. Jarion RichardsonThank you, Mr. Speaker. Does the Honourable Minister know from which cost centre or business unit the supplementary funding will come from ?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: At this point, we are unclear as to the exact location of where the source of the funds will be derived. The Sp eaker: Would you like to [ask] another question?
Mr. Speaker.
The SpeakerYes. QUESTION 2: PROCESSING OF BRITISH OVERSEAS TERRITORY CITIZEN (BOTC) BERMUDA PASSPORTS
Mr. Jarion RichardsonThank you. Woul d the Honourable Minister inform this Honourable House if the Department of Immigration has been advised why they will not receive any more emergency stock? That is the emergency stock that is used for travel documents for persons who have to travel in an emergency, but may …
Thank you. Woul d the Honourable Minister inform this Honourable House if the Department of Immigration has been advised why they will not receive any more emergency stock? That is the emergency stock that is used for travel documents for persons who have to travel in an emergency, but may not have their travel document sorted out correctly? I believe the Minister said that we have a stock and it's good and it is obv iously going down and that it will not be refreshed.
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: All immig ration officials from all of the Overseas T erritories have joint meetings with Her Majesty ’s Passport Office. In one of those meetings it was indicated that the UK Government will not be issuing any further emergency travel documents to Overseas Territorie s without …
Minister.
Hon. Jason Hayward: All immig ration officials from all of the Overseas T erritories have joint meetings with Her Majesty ’s Passport Office. In one of those meetings it was indicated that the UK Government will not be issuing any further emergency travel documents to Overseas Territorie s without a concrete explanation as to why. B ut that is just the reality we are faced with. That was what was indicated to the G overnment .
Mr. Jarion RichardsonWill this Government or the Honourable Minister inquire of the UK Government as to why the emergency stocks won't be replenished?
The SpeakerThe SpeakerMinister. Be rmuda House of Assembly Hon. Jason Hayward: We can certainly inquire why, but I don't think the answer as to the reason why gets us in any better place, Mr. Speaker .
Mr. Jarion RichardsonW hen the Minister receives the information as to why we are not going to be able to produce emergency documents for residents , Bermudians in emergency circumstances, will he share that information with the public ?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: I will re -ask the office to get a firm reason as to why the UK Government has determined that they will not be issuing Overseas Territ ories with the emergency travel documents. Maybe I can also get the answer to why the UK G overnment …
Minister. Hon. Jason Hayward: I will re -ask the office to get a firm reason as to why the UK Government has determined that they will not be issuing Overseas Territ ories with the emergency travel documents. Maybe I can also get the answer to why the UK G overnment is choosing not to return passport processing to O verseas Territories, which will be probably the greater concern for most residents in this country.
Mr. Speaker.
The SpeakerContinue. QUESTION 3: PROCESSING OF BRITISH OVERSEAS TERRITORY CITIZEN (BOTC) BERMUDA PASSPORTS
Mr. Jarion RichardsonIn the Minister’s Statement on page three, in the first paragraph he said “With approximately two years of restrictive travel, the desire to get off ‘the rock’ is certainly understandable and necessary.” Would the Honourable Minister be able to inform this Honourable House if within the processing of these applications …
In the Minister’s Statement on page three, in the first paragraph he said “With approximately two years of restrictive travel, the desire to get off ‘the rock’ is certainly understandable and necessary.” Would the Honourable Minister be able to inform this Honourable House if within the processing of these applications a reason is given for why they, [the applicants] want the passport?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: M r. Speaker.
The SpeakerThe SpeakerYes. Hon. Jason Hayward: No Bermudian or personal individual who seeks to obtain a passport from the Bermuda Government has to justify why they desire that passport.
Ms. Susan E. JacksonYes, Mr. Sp eaker. Good afternoon. I have a supplementary question.
The SpeakerThe SpeakerYes. MP Jackson. SUPPLEMENTARY
Ms. Susan E. JacksonYes. So, Mr. Speaker, in the beginning there was a high demand for passports b ecause people have been on the Island for so many years, really because of COVID -19. So my question is, The permanent structure of this department, or the expansion, does this mean that we have …
Yes. So, Mr. Speaker, in the beginning there was a high demand for passports b ecause people have been on the Island for so many years, really because of COVID -19. So my question is, The permanent structure of this department, or the expansion, does this mean that we have a higher vol-ume of people who are wanting to get passports in order to leave the Island? And is there now going to be a consistent higher volume to the point that we would need a permanent increase in human r esources to process the passports?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, there is not a higher number of residents who desire a passport. A large portion of the passports, of renewals, [are] of expired passports. And so it's not as though the res idents didn't have passports and now all of a sudden desire to …
Minister. Hon. Jason Hayward: Mr. Speaker, there is not a higher number of residents who desire a passport. A large portion of the passports, of renewals, [are] of expired passports. And so it's not as though the res idents didn't have passports and now all of a sudden desire to have a passport. There were renewals of existing passports which will be the bulk of the pas sports that were submitted. Mr. Speaker, during the period of time where travel was restricted and we were going in and out of even restrictions in terms of the services we provided, a number of residents had no desire or did not renew their passports. Now that travel restrictions have changed, and there are less restrictions within even our economy in terms of services, we have seen an onslaught of persons reviewing their passports and seeking their passports to get renewed. And as a r esult, this has led to abnormal volumes of passports being submitted to the Department of Immigration over this period of time.
Mr. Jarion RichardsonSo is there any way, or I should say, in the processing of these passports does the Department of Immigration document or record anyone who is leaving Bermuda to reside elsewhere? 1504 1 July 2022 Official Hansard Report Bermuda House of Assembly The Speaker: Minister. Hon. Jason Hayward: Mr. Speaker, …
So is there any way, or I should say, in the processing of these passports does the Department of Immigration document or record anyone who is leaving Bermuda to reside elsewhere? 1504 1 July 2022 Official Hansard Report
Bermuda House of Assembly The Speaker: Minister.
Hon. Jason Hayward: Mr. Speaker, the Member is asking a question on whether or not . . . when one submits to have a passport renewed they indicate the reason why they desire that passport. I have already answered that question. There is no requirement for a resident to explain why they require a passport when they seek to get their passport either renewed or a new passport issued.
The SpeakerThe SpeakerThank you. That was your first supplementary on your third question. Do you have a second supplementary on your third question?
The SpeakerThe SpeakerOkay. You also had questions for the Minister on his next Statement, Would you like to move to that one now? Hon. Michael H. Dunkley: Mr. Speaker, I just have a supplementary.
The SpeakerThe SpeakerSupplementary? Okay, MP Dunkley. SUPPLEMENTARIES Hon. Michael H. Dunkley: Thank you. Mr. Speaker. [For] years under the OBA, and certainly u nder the PLP Government, there have been commi tments to try to get the processing of passports here in Bermuda. Did I hear the Honourable Minister correctly when he …
Supplementary? Okay, MP Dunkley.
SUPPLEMENTARIES Hon. Michael H. Dunkley: Thank you. Mr. Speaker. [For] years under the OBA, and certainly u nder the PLP Government, there have been commi tments to try to get the processing of passports here in Bermuda. Did I hear the Honourable Minister correctly when he said he did not know the reason why we could not print our own passports here on the Island again?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: To be clear, Mr. Speaker, what I have stated was there is a greater desire to have a better understanding as to why Overseas Territories cannot continue to print their own passports within their jurisdictions. Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary. Hon. Michael H. Dunkley: In all the discussions we've had on printing passports, is the Government unable to get an answer from the UK on why we cannot print here, Mr. Speaker?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, the [processing and printing of] passports wer e removed from Berm uda in 2016. Since then they would have had multiple conversations and there would have been letters from the UK Government indicating that we will . . . the change in their policy …
Minister. Hon. Jason Hayward: Mr. Speaker, the [processing and printing of] passports wer e removed from Berm uda in 2016. Since then they would have had multiple conversations and there would have been letters from the UK Government indicating that we will . . . the change in their policy as it pertains to Overseas Terr itories and their ability to continue to print passports. There have been a number of conversations had with a number of Ministers in a number of admi nistrations over this particular issue. The Minister r esponsible for the Economy and Labour does not have direct dialogue with the Foreign and Commonwealth Office and, as a result of that, certainly, government officials know why passports were removed from Bermuda at that time. Notwithstanding there was just ification given, it still baffles our parliamentarians as to why passports and passport processing cannot return to Bermuda.
Hon. Michael H. Dunkley: My final supplementary.
Mr. Speaker.
The SpeakerYes. Hon. Michael H. Dunkley: I am baffled myself by the answer, and more confused. If we are trying to solve a problem, how can we solve a problem without knowing the reasons behind the problem, Mr. Speaker?
The SpeakerThe SpeakerNow, was the question just asking the information again? Hon. Michael H. Dunkley: No, Mr. Speaker. This is an important topic. But how can we have passports printed in Bermuda again if the Government of Bermuda doesn't even understand why we can't print them here in the first place? You …
Now, was the question just asking the information again? Hon. Michael H. Dunkley: No, Mr. Speaker. This is an important topic. But how can we have passports printed in Bermuda again if the Government of Bermuda doesn't even understand why we can't print them here in the first place? You can't solve a problem unless you know the reasons behind the problem, Mr. Speaker. Thank you.
The SpeakerThe SpeakerOkay. Minister. Hon. Jason Hayward: That wasn’t a question, Mr. Speaker. Hon. Michael H. Dunkley: It was a question, Mr. Speaker. But, clearly, the Honourable Minister is not in a position to give —
The SpeakerThe SpeakerWhen I interceded just now, I was tr ying to make sure it was formulated correctly. The point that you are trying to raise was you were asking a question that . . . your previous question had asked [if] we know the reasons why. The Minister indicated that the …
When I interceded just now, I was tr ying to make sure it was formulated correctly. The point that you are trying to raise was you were asking a question that . . . your previous question had asked [if] we know the reasons why. The Minister indicated that the UK Government hadn't provided the reasons why it was taken, and why Bermuda couldn't reprint it, r ather. The Minister responded, and then you restated
Bermu da House of Assembly your point saying If we don't know , how can we start to fix it ? Well, the Minister’s answer is going to basica lly be the same. That if we haven't been [informed] by the UK Government as to the reason why, then we can't deal with the reason why. Once we know the reason why, which I think [is] your point to us, then it’s better off . But his answer would still be the same. If the UK hasn't told us the reason why yet, then ever ybody is in limbo.
Hon. Michael H. Dunkley: Well, Mr. Speaker, the Opposition would be happy to help resolve this i mpasse.
The SpeakerThe SpeakerIf you have some insight . . . because I believe you were the Government when they took the right from Berm uda to be able to print passports. So maybe you can consult with the Minister. But it appears there is no further question. Hon. Michael H. Dunkley: I …
The SpeakerThe SpeakerThere appear to be no further questions. Opposition Whip, do you want to put a question to the further Statement , the last , the second Statement? W e've got a minute and a half left. QUESTION 1: UPDATE ON THE ESTABLISHMENT OF THE ECONOMIC RECOVERY PLAN
Mr. Jarion RichardsonThank you. Mr. Speaker. Would the Honourable Minister be able to i nform this Honourable House, as relates to page 3 of his Statement where he said there is a full business case being made for the rehabilitation of Tynes Bay infrastructure. My question is, Haven’t we already committed funds …
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: Mr. Speaker, before I answer that question, I just want to clarify that the reasons why the UK Government initially told us that they were removing passport printing from Overseas Territories was for security reasons. Now, we can delve into what those security reasons are, but …
Minister. Hon. Jason Hayward: Mr. Speaker, before I answer that question, I just want to clarify that the reasons why the UK Government initially told us that they were removing passport printing from Overseas Territories was for security reasons. Now, we can delve into what those security reasons are, but I don’t want the general public to think that we don't . . . that we never had an understanding as to why it was removed. But “s ecurity reasons” is extremely vague. And the challenge with having that dialogue, the ongoing dialogue with the UK Government as it pertains to our passport printing, [is that it] has been an extremely frustrating process. As it pertains to the question that was just asked, the Ministry of Works will be responsible for the business case and overseeing the production of the business case as it pertains to the ERP [Economic Recovery Plan] item, which is the rehabilitation of Tynes Bay.
[Timer chimes]
The SpeakerThe SpeakerThank you, Members. That bell just signifies the 60 minutes that was allotted for the Question Period this morning. So we have completed the Question Period. I thank all Members for their partic ipation and we will now move on. CONGRATULATORY AND/OR OBITUARY S PEECHES
The SpeakerThe SpeakerWould any Member wish to make a contribution under this section this afternoon? I was about to say this morning but is now this afternoon. Would any Member wish to make a contribution this afternoon? No Member? Okay, we will move on. Hon. Diallo V. S. Rabain: Mr. Speaker. Mr. …
The SpeakerThe SpeakerMinister of Education. You have your three minutes, Minister. [Crosstalk] Hon. Diallo V. S. Rabain: Yes, Mr. Speaker. I am having some issues with my camera. Is that fine with you, Mr. S peaker?
The SpeakerThe SpeakerKeep talking. If you can get it going, we will get to see you. Hon. Diallo V. S. Rabain: Okay, Mr. Speaker, but I will be brief. Mr. Speaker, I would like the House . . . and I will take it that all Members will join me in congratulating …
Keep talking. If you can get it going, we will get to see you.
Hon. Diallo V. S. Rabain: Okay, Mr. Speaker, but I will be brief. Mr. Speaker, I would like the House . . . and I will take it that all Members will join me in congratulating the graduates from our two senior schools that walked this week. That would be at Berkeley Institute on Tuesday, that had 114 graduates complete their studies, and from the CedarBridge Academy on Thursday that had 136 graduates. Mr. Speaker, by all accounts it was a joyous occasion. Both graduations were held at the Flora Duffy [South Field] Stadium with the Berkeley [ Institute] able to discuss how many students . . . Mr. Speaker, I think my camera is up and going now. I think you can see me.
The Spe aker: Yes. Hon. Diallo V. S. Rabain: Berkeley [Institute] having 35 accepted into overseas institutions, 48 will be attending Bermuda College, 12 joining the workforce, [and] with 19 undecided. The Berkeley [Institute] also 1506 1 July 2022 Official Hansard Report
Bermuda House of Assembly had three of their graduates gr aduate from the dual enrolment programme from the Bermuda College earlier this May. And seven students who are completing the Nursing Assistant programme. At CedarBridge, as I said Mr. Speaker, 136 graduates, 60 of which were female and 76 were male. It ha s been a while I believe since we have had that many more males than females graduate from our system. Nine students from CedarBridge Academy participated in dual enrolment with four of them graduating earlier this year, in May. While I don’t have the stat s of students from CedarBridge who are going off to university or Bermuda College or the job force, I have been assured that there is a good percentage of them that are looking at furthering their education opportunities either on Island or overseas, Mr. S peaker. Mr. Speaker, again, I just want this House, and I am taking it for granted that everyone will join me in congratulating our young men and women as they finish this part of their academic careers and go on to either further education or to enter int o the wor kforce. Mr. Speaker, also, I would like to have this House send congratulations to all of the schools that conducted leaving ceremonies over the last two weeks. That is all of our preschools, primary schools and middle schools as our students fini sh that part of their academic career and have moved on to the next level of their academic career. Mr. Speaker, thank you.
The SpeakerThe SpeakerThank you, Minister. Would any other Member like to make a contribution at this time? Hon. E. David Burt: Yes, Mr. S peaker.
Some Hon. Members Some Hon. MembersMr. Speaker.
The SpeakerThe SpeakerI think Minister Weeks . . . I know you've been trying to get in here before. You have your three minutes. Hon. Michael A. Weeks: I could yield to the Premier. I think the Premier spoke. Hon. E. Dav id Burt: You are so kind, Minister. [Laughter] Hon. E. …
The SpeakerThe SpeakerYes, he yielded. Go ahead, Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I may not have heard it . . . if I did [not] I'd certainly like to be associated with it. I am not certain if the Minister of Education went first, …
Yes, he yielded. Go ahead, Premier.
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I may not have heard it . . . if I did [not] I'd certainly like to be associated with it. I am not certain if the Minister of Education went first, but what I do want to ensure is that . . . and you may have done it as well at the top, Mr. Speaker. But I just want to make sure that this Honourable House does extend its condolences, certainly to our colleague, the Mini ster of Transport and the letter to be sent to the family of a former Member of this Honourable Chamber and former Premier as well on the passing of Mrs. Olga Scott. Sh e had a wonderful send off, Mr. Speaker. I know that you were there along with many other Members of this Honourable House in support and love for Lawrence and his family. And so I just want to ensure that the House can send that message. Mr. Speaker, I do know that we opened the day with a moment of silence, but I certainly want to be associated with and certainly I know it will come from the whole House to extend condolences to the family of the late Stuart Hayward, Mr. Speaker. Stuart Hayward was actuall y a resident of Pembroke, West Central, and certainly he was a constituent of mine. And I did not want . . . I did not want this . . . me not to have the ability to recognise his passing in this House and to ask that a letter of condolence be sent to his family, including his wife, children, and certainly his loved ones. Finally, Mr. Speaker, on behalf of the Honourable Deputy Premier who is traveling on government business, I want to extend condolences (and I am certain that I can associate the whole House) to the fam ily of the late Mr. Randolph Hayward who passed away on Sunday at the age of 98. As we know, Mr. Speaker, Mr. Hayward was a proud veteran of the 1 st Battalion, Caribbean Regiment, Bermuda Contingent and saw war service in Italy and North Africa in World War II. I certainly was pleased to go ahead and visit him and enjoy his wisdom, his wise counsel . Mr. Ha yward and St. Paul AME (the church where I am a member) were inextricably linked and he remained a committed and faithful member of that churc h until the end of his life. He was a stalwart of the Pembroke community, a former chair of the Pembroke branch [of] the Progressive Labour Party, retired from Customs after 29 years of service and has certainly left a dignified legacy. So I sincerely hope that this entire House would like to be associated with this, and that this House can send a letter of condolence to his fam ily, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you, Premier. Does any other Member wish to make a contribution? Hon. Michael A. Weeks: Yes, Mr. Speaker.
The SpeakerThe SpeakerMinister Weeks, you have your three minutes. Bermu da House of Assembly Hon. Michael A. Weeks: Thank you. Mr. Speaker. Mr. Speaker I would like to start off by being associated with the remarks for Mr. Randolph Ha yward. I heard the Premier say that he was a longstanding member …
Minister Weeks, you have your three minutes.
Bermu da House of Assembly Hon. Michael A. Weeks: Thank you. Mr. Speaker. Mr. Speaker I would like to start off by being associated with the remarks for Mr. Randolph Ha yward. I heard the Premier say that he was a longstanding member of St. Paul. He was actually my Sunday School teacher, Mr. Speaker, what seems now like many, many moons ago. But he was always one to tell us about what was happening socially while we were there learning the books of t he Bible and the lessons that have stuck with us all our lives. I would also like to associate with the remarks for the former First Lady, Ms. Olga Scott. My condolences go out to the former Premier and the current Minister of Transport and his sister. Mr. Speaker, earlier this morning there was another murder. So my condolences go out to the family of another young man, a 19- year-old young man who was gunned down senselessly at 1:30 this morning. His family are actually my constituents. I was . . . I actua lly . . . so it kind of makes me . . . it kind of ages me, but I actually came up with his grandma. You know, his grandmother is one of my constituents that I know very well. So my condolences go out to them. My plea to the country: If you see something, say something. You know, I have said it over and over. Others have said it, and I will continue to say that this is a community thing, and as a community, Mr. Speaker, we have to say enough is enough. You know, like we can’t sit idly by and say, Well, I am not going to say a nything. I am going to let him say something . So my plea, my encouragement is, any information that one may know about this particular matter or any other one, please, let the information be known. Mr. Speaker, as I close. I would like t o close on a positive note. I was witness yesterday to the p olice recruits. Twenty -one cadets graduated yesterday. Young Bermudians, men and women, who are looking forward to joining the force, joining the [Bermuda] P olice Service and making their contribu tion on the country that they love. So congratulations to them. Their families were very excited, so a hearty congratulations to them and [also] to their instructors. I think that they have whipped 21 new young Bermudians into shape to take part in taking care of our Island. And if I have any time left, Mr. Speaker, I would like to congratulate C.A.R.E. Learning Centre.
The SpeakerThe SpeakerThank you. The clock has just going on you. Hon. Michael A. Weeks: All right. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank yo u for your contribution. All right. Would any other Member wish to make a contribution? Hon. N. H. Cole Simons: Yes. Mr. Speaker.
The SpeakerThe SpeakerOkay. Opposition Leader. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I would like to associate myself with the comments made in regard Lady Olga Scott. She was truly a lady of the people of this country. Her invaluable services to our young teens with Teen Services . . …
Okay. Opposition Leader. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I would like to associate myself with the comments made in regard Lady Olga Scott. She was truly a lady of the people of this country. Her invaluable services to our young teens with Teen Services . . . and she [was] a force to be reckoned with. She will be remembered in the hearts of most Bermudians forev-er. Stuart Hayward, my same condolences to his family. He was a champion for the environment and the BEST group. I think he will be remembered for the issue when they tried to extend the hospital campus into the Botanical Gardens. He was a pi oneer in the transcendental meditation and still was truly an ind ependent spirit. He went for what he believed in. He stood by his principles. He was probably the [earliest] Independent MP that I have known since I've been in politics. And there haven't been any as far as I know since he was a representative in Pembroke West Central. Again, an indication of his commitment and his independent spirit. I would like to send condolences to the family of Donald Johnston. He is a neighbour in Smiths. A very kind m an involved with Bermuda. He loved Bermuda and he liked—
Hon. Michael H. Dunkley: Please associate me, Mr. Speaker. Thank you.
Hon. N. H. Cole Simons: I would like to associate the former Premier Michael Dunkley with that as well. I would like to associate myself with the comments made by the Ministry of Education in regard to the Berkeley [Institute] graduates and the CedarBridge graduates. While on Berkeley, I would like to also recognise Ms. Michelle Camara because she was the Teacher of the Year. And I have always said, we have to give teachers the recognition that they rightfully deserve. And the school students chose her because of her emotional connection to the students. She would do anything for them. She was always available for them. She was alw ays approachable, and she had spent eight years at the Berkeley Inst itute. As one student said, S he helped fulfil our emotional needs . And I was very moved when I heard the testaments that the students gave to this teacher. So, again, to Michelle Camara, I congratulate her. And to the rest of the students at the Berkeley and CedarBridge, I wish you all the best in your future endea vours. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Opposition Leader. Would any other Member . . . Colonel Burch, are you t rying to get my attention? I see your camera is on there. 1508 1 July 2022 Official Hansard Report Bermuda House of Assembly Lt. Col. Hon. David A. Burch: I am, Mr. Speaker.
The SpeakerThe SpeakerColonel, you have your three minutes.
Lt. Col. Hon. David A. BurchOh, okay. Mr. Speaker, I would like to be associated with the congratulations to the Berkeley [Institute] and CedarBridge graduates. I would also like to note that in the case of CedarBridge, they graduated 76 male students and 60 female students. I think that's proba-bly the first time in a …
Oh, okay. Mr. Speaker, I would like to be associated with the congratulations to the Berkeley [Institute] and CedarBridge graduates. I would also like to note that in the case of CedarBridge, they graduated 76 male students and 60 female students. I think that's proba-bly the first time in a very long time that more males have graduated than females, and they participated in the ceremony yesterday in full. I would also like to be associated with the condolences to Mrs. Ol ga Scott, the wife of the former Premier. And I would also like to be associated with the condolences to the late Mr. Reynold “Randolph” Adol-phus Hayward, Esquire. If you were ever introduced . . . if he ever introduced himself to you, he ended it with “Es quire.” Those were the only initials he had after his name. He, of course, as the Premier mentioned, served in the 1 st Battalion in the Caribbean Regiment, Bermuda Contingent, Mr. Speaker. But he also, on November 11, 2011, participated and enhanced this historic occasion, where he made history by laying a wreath during the November 11 reme mbrance ceremonies for the first time by a Black soldier from the 1 st Battalion, Caribbean Regiment, Bermuda Contingent in the Home Services. Canon Thomas Nisbett represented the Home Guard and Mr. Ha yward represented the 1st Battalion, Caribbean Reg iment. He was an outstanding Bermudian who will be sorely missed not only by the community in Pembroke and St. Paul, but the wider Bermudian community as well. Thank you. Mr. S peaker.
The SpeakerThe SpeakerThank you. Minister. Does any other Member wish to make a contribution? [Crosstalk]
The SpeakerThe SpeakerOpposition Leader. MP Cannonier, you have your three minutes.
Mr. L. Craig CannonierYes, thank you, Mr. Speaker. I won’t be long. I first want to [give] condolences and share in with the condolences [for] Mr. Stuart Hayward. He certainly, as an Independent, set the way forward for Independents in a system that we have where it is very difficult for an Independent …
Yes, thank you, Mr. Speaker. I won’t be long. I first want to [give] condolences and share in with the condolences [for] Mr. Stuart Hayward. He certainly, as an Independent, set the way forward for Independents in a system that we have where it is very difficult for an Independent to win a seat. And I think that it was a startling revelation when he did win. And, of course, you would know that very well yourself having been first -hand involved in the politics back then. What I would also like to say is, I want to also . . . and I have already done. But here in this House, give our condolences to former Premier Alex Scott and Minister Lawrence Scott on the passing of wife and mother, Olga Scott. She was, quite frankly, one of those who across the border, it didn't matter where I was or where my wife was, she was always engaging and reaching out. She and my wife worked on Teen Services for quite a while. And I can remember some of the advice that she (my wife) was given back then. And she was just letting them know that when you are in those top positions, all kinds of things will be said about you. But again, she was always greeting . . . would always greet you with a great smile. And she will for sure be missed by us, all 36 of us in the House, because I am sure that she has touched just about every single one of us in some way. What a great First Lady. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Cannonier. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMinister Furbert, were you trying to get in? Hon. Tinee Furbert: Yes, thank you. Mr. Speaker.
The SpeakerThe SpeakerYou have your three minutes. Hon. Tinee Furbert: Thank you. Mr. Speaker. I also want to be associated with the House in regard to condolences for the former First Lady, Olga Scott. When I last spoke with Mrs. Scott, we were ha ving a meeting in regard to Teen Services …
You have your three minutes.
Hon. Tinee Furbert: Thank you. Mr. Speaker. I also want to be associated with the House in regard to condolences for the former First Lady, Olga Scott. When I last spoke with Mrs. Scott, we were ha ving a meeting in regard to Teen Services and Teen Haven and she was going through the history of that with me and also the re- imagining of Teen Services and Team Haven. So condolences to former Premier Mr. Scott, as well a s Honourable Member Lawrence Scott.
Bermu da House of Assembly I also want to acknowledge condolences to two young persons with exceptionalities who have passed recently and they are Ny'Ashya Swan as well as Stephen Bean, sweet gentle spirits. I just want our community to know that no matter what your contribution is to this world, people teach us many things r egardless, and that all people do matter. Mr. Speaker, I am also sending out congrat ulations to all of the graduates of all of our schools. Well done! And particularly congratulations to our little young people at Happy Valley Day Care Center who had their graduation this morning. I was not able to attend due to the proceedings of the House, but congratulations to all of our students and our families on that great feat of graduation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Would anyone else like to make a contribution at this time? MP Richardson, would you like your three minutes now?
Mr. Anthony RichardsonGood afternoon to you, Mr. Speaker, and to those in the listening audience. I want to join everyone else in offering congratulations. I am mindful, though, that it is for school leavers and graduates. I'm always told, for example, that you don't graduate from primary school. You have a school …
Good afternoon to you, Mr. Speaker, and to those in the listening audience. I want to join everyone else in offering congratulations. I am mindful, though, that it is for school leavers and graduates. I'm always told, for example, that you don't graduate from primary school. You have a school leaving ceremony. But having said that, I want to offer my congratulations to everyone. I want to particularly give comment to those who graduated from the Berkeley [Institute], not my alma mater for sure. And I have been reminded of that many times. But I was at the graduation ceremony and I was pleased to know that of all the students that were graduating, they received total scholarship funding in excess of $1.5 million. And several of the graduates performed sufficiently well that they were accepted at up to eight universities, which means that they can then choose which one that they would want to attend based of course upon which one most meets their needs. I also want to give congratulations to the fact that the Bermuda College continues to excel with its Dual Enrolment Programme. And I was advised that this year they probably graduated one of the youngest persons in the Bermuda College history. And there is another student who is already enr olled in the pr ogramme who will probably meet or exceed that yet again, come next year. And so we now had the i ncredible circumstance whereby 16- year-olds are able to graduate from Bermuda College having completed two years there as part of the Dual Enrolm ent Pr ogramme. The third person I want to commend is Ms. Noah Powell . She is a 2021 graduate of the CedarBridge Academy. This year she has received the Phi lip Butterfield Award from HSBC and she will be off to school pursuing a medical career. A happy birt hday note goes out to Samantha Smith. Many of the Members may know her. She was a former Bermuda Idol winner and she often sings at various ceremonies throughout the Island. She had a special birthday. So I want to make sure I mention her. And the last com ment I want to make is (for those in the St. George’s area) to Mr. Malcolm Ming. He is a stalwart in the St. George’s community. He has been a barber for more than 50 years. He conti nues to exemplify what it is to be a skilled tradesman in whatever you choose to do. He loves it. I happened to speak to him yesterday. And again, I want to commend him. I encouraged him to go on further; he told me may not do so. But again for those, especially in the St. George’s community, he has been in the same location for more than 50 years, and we look forward to his continued service to the Bermuda community. So thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Richardson. Does any other Member wish to make a contribution at this time? [Crosstalk]
Ms. Susan E. JacksonMr. Speaker, I would just like to associate myself and send my deepest sympathy for the families of Olga Scott as well as Stuart Ha yward. And I bring both together at the same time because these are all family members. We are cousins by either marriage, for Lady Scott, …
Mr. Speaker, I would just like to associate myself and send my deepest sympathy for the families of Olga Scott as well as Stuart Ha yward. And I bring both together at the same time because these are all family members. We are cousins by either marriage, for Lady Scott, or, with Stu art Hayward, he was a cousin of mine. And I guess what I would really like to do is reflect to the House of A ssembly. But here we have members, whether by mar-riage or other, who are members of the Jackson clan that have given their lives to public service. And then it really doesn't matter what side of the floor, whether Independent, as Stuart Hayward, or First Lady Olga Scott with the PLP, or myself and my family who have served either as Independents or with the One Bermuda Alliance, that there is so muc h more to the service that the family has provided than just from sides of a fence. In general, we have always 1510 1 July 2022 Official Hansard Report
Bermuda House of Assembly thought of Bermuda first and the people of Bermuda first, and we will provide the public service no matter what side of the fence we sit on and r emain and always have been a loving family. So they will be greatly missed not only in the halls of the House of Assembly in Parliament, but certainly within the family unit. So I just want to share my condolences. Thank you, Mr. Speaker
The SpeakerThe SpeakerThank you, MP Jackson. Does any other Member wish to make a contribution?
The SpeakerThe SpeakerIanthia Simmons -Wade, you have the floor.
Mrs. Ianthia Simmons -WadeYes, good afternoon to the list ening audience. I would like to associate myself with the condolences for Olga Scott who also is a relative by marriage. I have actually known Mrs. Scott for probably over 50 years in many different capacities. And the first capacity was as a member …
Yes, good afternoon to the list ening audience. I would like to associate myself with the condolences for Olga Scott who also is a relative by marriage. I have actually known Mrs. Scott for probably over 50 years in many different capacities. And the first capacity was as a member of the Continentals Club, which my mother was one of the founders. So I knew her as a younger child and then lat er in life I knew her as the wife of Mr. Scott, who was a very close friend and a colleague of my husband. I would also like to associate myself with the congratulations to the Berkeley Institute, which also is my alma mater, as well as the fact that my great uncles, great, great uncles and great, great grandfathers were the founders of the Berkeley Institute. I would also like to take this opportunity to congratulate the 21 new recruits who have their pas sing out ceremony on . . . yesterday, actually. We had a lot of young men and we have many, many more young men, but we also have females, and I would actually like to commend them for making a decision to step forward to serve and protect the people of Bermuda. So I wish them well. Thank you. Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution?
The SpeakerThe SpeakerYou have your three minutes.
Mrs. Renee MingSurely. Mr. Speaker, first of all, I would like to be associated with the comments for Mrs. Olga Scott. [She was] truly a gem, and one that will be missed. Mr. Speaker, I would also like to give a congratulatory note to the Progressive Labour Party C1 branch for hosting …
Surely. Mr. Speaker, first of all, I would like to be associated with the comments for Mrs. Olga Scott. [She was] truly a gem, and one that will be missed. Mr. Speaker, I would also like to give a congratulatory note to the Progressive Labour Party C1 branch for hosting the Dame Jennifer Smith Future Leader Awards Ceremony last week, Thursday evening, at East End Primary. Mr. Speaker, this is the branch’s 17 th year hosting this event. And every year it is heart -warming to hear what our young people are doing out there. These young people, Mr. Speaker, they have CVs [ curriculum vitaes] that could top even an adult CV for the things that they have done and even and what they are looking forward to do. And if you would allow, Mr. Speaker, I am just going to read off the names of these honourable and deserving young people: Aaron Lugo, Jr. and Riley Darrell from Clearwater Middle School. What was i ncredible about Riley Darrell was that she was actually honoured in P6 at her primary school and then she again received this award at her middle school. Jovana Thompson and Nathan Lightbourne from St. David’s Primary; Caleb Booth and Rio Dicki nson from St. George’s Preparatory School; and Ro wen Smith and Ro'shia Douglas from East End Primary School ]. We were also blessed with Dame Jennifer being able to attend the event, Mr. Speaker, and also to have an amazing guest speaker which was a lady, a young woman by the name Si naé Smith, who was a future leader herself in 2007 and she has now [INAUDIBLE] completed university and is studying to be an actuary. Mr. Speaker, congratulations to our young people who are out there doing things. I'd also like to associate MP Foggo with my comments as well. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Is there another Member who wishes to make a contribution? Any other Member? Any other Member? No other Member. Members, we thank you for your contributions for the congratulator y and obituary speeches. I would just like to make a comment or two before we close it …
Thank you, MP. Is there another Member who wishes to make a contribution? Any other Member? Any other Member? No other Member. Members, we thank you for your contributions for the congratulator y and obituary speeches. I would just like to make a comment or two before we close it out and that is to be associated with the remarks that were expressed to the Hayward family on the passing of Mr. Stuart Hayward. As I indicated this morning when we had the moment of silence, he and I were both elected in 1989. And he was the last of the Independent to be elected. Even though we have had Members sit as an Independent since which, he was the last to be elec ted. And it speaks to the type of person that he was. He was always an independent thinker. He was a lways mindful of his community and particularly the protection of our environment and our future. And my condolences . . . my thoughts and condolences are to
Bermu da House of Assembly be added to those that have already been expressed to his family, his wife, his children, sister, et cetera. I would also like to be associated with the r emarks that have been expressed to the Scott family, to former Premier Alex, to Honourable Lawrence and the rest of the family on the passing of, yes, truly, one of our outstanding First Ladies. Mrs. Olga Scott brought a lot of dignity to the role, but not only just to that role, but to the life that she lived and the contribution that she made to this community and her service coming here for that purpose. She came here to start a means of addressing the needs of wayward young ladies who were not being provided with services that could benefit them. She came on a two- year contract and stayed for the rest of her life. But throughout that life she contr ibuted to our community. She made a difference in our community and her presence will a lways be remembered, and she will surely be missed. With those remarks we now end the condolences and congratulatory period. Now, moving on, Members.
MATTERS OF PRIVILE GE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS
The SpeakerThe SpeakerThere are t hree Government Bills to be introduced today. The first two are in the name of the Premier, Minister of Finance. Premier. FIRST READING BANKS AND DEPOSIT COMPANIES AMENDMENT ACT 2022 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I am introducing the following …
There are t hree Government Bills to be introduced today. The first two are in the name of the Premier, Minister of Finance. Premier.
FIRST READING
BANKS AND DEPOSIT COMPANIES AMENDMENT ACT 2022
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting and that is the Banks and Deposit Companies Amendment Act 2022.
The SpeakerThe SpeakerThank you. Would like to table your second one? FIRST READING BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2022 Hon. E. David Burt: Thank you. Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for …
Hon. E. David Burt: Thank you. Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting the Bermuda Monetary Authority Amendment (No. 2) Act 2022.
The SpeakerThe SpeakerThank you. Minister of Health, would you like to introduce yours? FIRST READING QUARANTINE AMENDMENT ACT 2022 Hon. Kim N. Wilson: Yes, thank you. Mr. Speaker. I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day …
The SpeakerThe SpeakerThank you. There are no other Bills to be done. PRIVATE MEMBERS’ BILLS The Sp eaker: There are none. Notices of Motions, there are none. Members and the listening audience that now moves us to the business of the day. And of the four items that are listed, there are …
Thank you. There are no other Bills to be done.
PRIVATE MEMBERS’ BILLS The Sp eaker: There are none. Notices of Motions, there are none. Members and the listening audience that now moves us to the business of the day. And of the four items that are listed, there are three that are going to be done today. The first —
Hon. Derrick V. Burgess, Sr.: Mr. Speaker. I had some problems there . . . notice of motions?
The SpeakerThe SpeakerOh! Hon. Derrick V. Burgess, Sr.: My apology. I had some technical difficulties.
The SpeakerThe SpeakerThank you. Members, let us just seek your indulgence. The Deputy S peaker had indicated that he was going to try and have a motion ready for today. I didn’t realise you got it together so quickly, Deputy. Hon. Derrick V. Burgess, Sr.: Yes, sir. 1512 1 July 2022 Official …
Thank you. Members, let us just seek your indulgence. The Deputy S peaker had indicated that he was going to try and have a motion ready for today. I didn’t realise you got it together so quickly, Deputy. Hon. Derrick V. Burgess, Sr.: Yes, sir.
1512 1 July 2022 Official Hansard Report
Bermuda House of Assembly The Speaker: That speaks to your experience of being around this Chair here.
[Laughter] Hon. Derrick V. Burgess, Sr.: I’ve got good people around me.
The SpeakerThe SpeakerDeputy, would you like to go ahead and put your motion? NOTICE OF MOTION MOTION TO TAKE NOTE OF MEASURES BEING IMPLEMENTED BY THE COST OF LIVING COMMISSION Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Let me just put my camera on. Mr. Speaker, I move that Standing …
Deputy, would you like to go ahead and put your motion?
NOTICE OF MOTION
MOTION TO TAKE NOTE OF MEASURES BEING IMPLEMENTED BY THE COST OF LIVING COMMISSION
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Let me just put my camera on. Mr. Speaker, I move that Standing Order 14 be suspended to enable me to table a Notice of Motion. Mr. Speaker, at the next day of meeting, I pr opose to move the following motion: BE IT RESOLVED that this Honourable House, take note of the measures being implemented by the Government’s Cost of Living Commission to address the cost of living in Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. And that will be included on the Order Paper for the next sittings. ORDERS OF THE DAY
The SpeakerThe SpeakerAs I was saying, we have four items on the Order Paper of business today [and there are] i ndications that three of the four will be done. The first is the second reading of the Bermuda Monetary Author ity Amendment Act 2022 in the name of the Premier and …
As I was saying, we have four items on the Order Paper of business today [and there are] i ndications that three of the four will be done. The first is the second reading of the Bermuda Monetary Author ity Amendment Act 2022 in the name of the Premier and Minister of Finance. Premier, would you like to present your matter at this time?
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Bermuda Monetary Authority Amendment Act 2022 be now read the second time.
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Premier. BILL SECOND READING BERMUDA MONETARY AUTHORITY AMENDMENT ACT 2022 Hon. E. David Burt: Thank you. Mr. Speaker. Mr. Speaker, the purpose of the Bill entitled the Bermuda Monetary Authority Amendment Act 2022 is to amend the principal objects to the Bermuda …
Are there any objections? There are none. Continue, Premier.
BILL
SECOND READING BERMUDA MONETARY AUTHORITY AMENDMENT ACT 2022 Hon. E. David Burt: Thank you. Mr. Speaker. Mr. Speaker, the purpose of the Bill entitled the Bermuda Monetary Authority Amendment Act 2022 is to amend the principal objects to the Bermuda Monetary Authority, which hereinafter I will refer to as “the Authority” to provide for an object to cover mat-ters related to conduct of business by financial instit utions. Mr. Speaker, the Authority is the independent regulator of the financial services sector of Bermuda. The Authority operates pursuant to the Bermuda Monetary Authority Act 1969, which hereinafter I will refer to as “the Act.” And this Act, Mr. Speaker, pr ovides a number of principal objects, including the s upervision, regulation and inspection of financial instit utions operating in or from within Bermuda, Mr. Speaker, the licensing and supervisory processes pr escribed by law and supplemented by subsidiary legi slation, guidance notes, and statements of principles, together with codes of conduct and/or codes of practice. These detailed relevant acts of supervision i nclude the classes of licence based on the nature, business model and related risk, reporting requir ements, statutory financial statement filings, as well as vetting of controllers and shareholders. Mr. Speaker, the Authority is authorised to act as an advisor to the Minister of Finance on policy ma tters relating to any financial institution and on mone-tary or financial matters, generally. Accordingly, the Authority may propose laws where it can do so appr opriately and consistently with its functions under the Act. Mr. Speaker, in 2020, the A uthority undertook an internal review of its objectives and statutory mandate. As a result of this review, the Authority submi tted a proposal to the Ministry of Finance regarding a risk-based regulatory framework to enhance consumer protection for users of regulated financial services in Bermuda. Since then, there has been ongoing work to progress matters in this area. Mr. Speaker, the Bermuda Monetary Authority Act 1969 does not provide the Authority with a specific power to enforce consumer protection. H owever, certain regulatory acts include elements of conduct r equirements which are then addressed in sector - specific codes of conduct or practice issued by the Authority as follows: • integrity and skill; • fair dealing; • disclosures; • conflicts of interests; • complaints handling; • client relationships; and • client asset protection. Further, Mr. Speaker, the Authority has advised the Ministry of Finance that although certain
Bermu da House of Assembly acts do make explicit reference the Authority’s role in protecting clients and potential cl ients of registrants, the existing codes are concerned with preventing breaches of law. Mr. Speaker, section 3 of the Act sets down the principal objects [of] the Authority. Section 3(1) authorises the Authority to supervise, regulate and inspect any financial institution which operates in and from within Bermuda. Notwithstanding the generality of this provision, the Authority takes the view that these objects ought to be amended to specifically i nclude an object that covers matters related to the promotion and protection of consumers using products and services provided by financial institutions to reinforce its work, to allow for greater focus on fair outcomes for customers. Mr. Speaker, to support the revised conduct framework, the Authority has reviewed and revised, developed and consulted on conduct of business codes for the following sectors: First, the banking sector. Mr. Speaker, draft conduct of business codes were published in Se ptember 2021. However, the proposal requires amendments to the Banks and Deposit Companies Act 1999 to grant the Authority of power to make codes, and work in this matter is being progressed, as you would have noted with my Ministerial Statement earlier today and the Bill that is set out in the Order Paper, Mr. Speaker. Next, the insurance sector, conduct of bus iness codes. Mr. Speaker, draft conduct of business codes were also published in September 2021. The proposal does not require any amendments to be made to the Insurance Act of 1978. Section 2B of the Insurance Act 1978 grants the Authority [the] power to make codes of conduct on the duties, requirements, and standards to be complied with by registered persons and designated insurers, and the procedures and sound principles to be observed by such persons and designated i nsurer. Digital asset businesses. Mr. Speaker, the A uthority has advised that the consultation period r egarding conduct of business codes for the digital asset business sector will commence shortly. Therefore, Mr. Speaker, the effective date for the codes will be d etermined after the Bill is enacted. Moving on to consultation. Mr. Speaker. As per the Authority’s normal custom and practice the relevant consultation papers related to these pr oposals can be found on the Authority’s website www.bma.bm , under the market conduct link. By way of background, the House of Assembly was advised that adjustments have been made to the Authority’s objects overtime to expressly provide for certain matters, as per the sample list that I wil l now cover. • An express object covering the detection and prevention of financial crime was put in place in 2002. • And express object related to the anti -money laundering and anti -terrorist financing responsibilities was put in place in 2007. • An express obj ect covering international c ooperation was put in place in 2008. • An express object covering an innovation hub was put in place in 2019. Mr. Speaker, this proposed change will be yet another positive development in the ongoing evolution of the Authority’s w ork and role as a strong, innovative and well -regarded regulator. Mr. Speaker, I would like to thank all those persons within the Authority, the Attorney General’s Chambers, the Ministry of Finance and the private sector who have assisted with the developm ent of not only this Bill, but the policy that is going to go around the Bill and the draft codes of conduct which have a lready been issued or are in progress. The House is advised that the customer - facing component will be addressed through a fit-forpurpose regime which will come under the aegis of the Consumer Affairs Department. Mr. Speaker, the Authority does not seek to resolve individual complaints, but will ensure that financial institutions have the appropriate policies, processes and internal structures to treat their customers fairly as well as a robust complaint -handling mechanism. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premier. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerOpposition Whip, you have the floor.
Mr. Jarion RichardsonThank you, Mr. Speaker. And I mirror the Premier ’s comments in thanking ev eryone who has worked towards bringing this amendment to the floor of the House. It is something that Bermuda should have done some time ago, to be frank. But I am very glad to see that …
Thank you, Mr. Speaker. And I mirror the Premier ’s comments in thanking ev eryone who has worked towards bringing this amendment to the floor of the House. It is something that Bermuda should have done some time ago, to be frank. But I am very glad to see that we're moving in this direction and the Opposition wholeheartedly sup-ports this move. Mr. Speaker, the Bermuda Monetary Authority is the sole financial services regulator in Bermuda and really brings about a lot of the benefits of our economy. They are equipped to and are keen on getting it right. When I say “it” right, I mean, the regulation of financial services —[this includes] banks, insurance companies, et cetera, in Bermuda. What I don't think a lot of people are aware of, Mr. Speaker, is just how important their role is. Even though Bermuda is often touted as being another world, I can assure you that we are interconnected financially with other markets, and that means that there is an international expect ation about how we regulate the companies that are in 1514 1 July 2022 Official Hansard Report
Bermuda House of Assembly Bermuda, including, again, insurance companies and banks and whatnot. But most importantly, and som ething that has not been formally adopted by way of this l egislation is consumer protection on the part of the Authority. It's quite important that the Bermuda Monetary Authority have the ability to undertake a robust programme to ensure that consumers and customers, financial services, again, everyone in Bermuda, sir, who uses banks and insurance companies and any other services . . . there are trusts and corporate service providers and investment companies. But to my mind, I really want to speak to anyone because we all use banking services. We all use insurance companies. We are all well aware of that. And the Authority should have a much clearer and much more robust ability to ensure fair practices, to treating consumers fairly. I think anybody in Bermuda in the last five years has received a letter from either a bank or an insurance company asking for more information or documents or some other intrusive mechanism, and there really is no counterbalance to when one of our banks or insurance companies, when we as a consumer or customer are in variance of them or we di sagree. Now don’t get me wrong, Mr. Speaker, there are certain codes and certain criteria that relate to complaints [ INAUDIABLE] et cetera. What we are going to do today is make sure the Bermuda Monetary Authority is formally and specifically positio ned to oversee the protection of us as users of banking services, as users of insurance services. I also want to add that this is an international norm. In every other market, or certainly every market that we work with or would aspire to emulate, the right players have a role in protecting consumers. [ INAUDI ABLE], a much firmer role, I should say. We are often inspected for compliance with i nternational norms and international norms outline that there is a consumer protection aspect to the BMA. This inclu des the International Association of Insurance Supervisors, International Organisation of Sec urities Commissions, [ INAUDIBLE ]. We in Bermuda typically hear this sort of alphabet soup of people we should care about. Because occasionally one of their inspect ions does appear in the media or the Gover nment makes a statement about it or some sort of project happens . But this this consumer protection doesn't need people to go out and buy them. We need to protect banking customers and insurance customers specif ically by way of good policy. So to that end I am glad that we are amending the Bermuda Monetary Author ity [Act] to provide for this. Further, the Bermuda Monetary Authority has been making inroads in this space for some time. The Premier alluded to the codes of conduct and other tertiary or supplementary guidance notes that will i nform banks and insurance companies, et cetera, on what to do and how to treat customers, et cetera. But what we really need is to make a stronger connection between the Authority’ s formal specific ability to bring about those codes and to enforce them. So it’s actua lly quite helpful that we're undertaking this work right now. To that end, Mr. Speaker, we do however have to be a little careful as in all things with regul ation because we're always worried about . . . we should always be balancing regulatory overreach with outcomes that we actually want in the market. In this case, we want to protect customers, again, our banks, insurance companies, et cetera. But what we don't want t o do is create such a burden on those regulated companies that they are in some way, shape or fas hion a disadvantage and then we start seeing them make decisions that are not conducive to the welfare of all of Bermuda. So, to that end, the Bermuda Monetar y Authority in its consultation and the Honourable Premier in his presentation have spoken about the risk -based approach and princip le proportionality. Mr. Speaker , the risk -based approach basica lly means that for higher risk circumstances we do more work and for lower risk circumstances we do less work. The proportionality princip le means that a financial services company has to undertake a certain amount of work based on its size, scale, nature and complexity of business. So a bigger company needs to hav e more to do. S maller companies have less to do. That is a great thing to say. But th e problem with it is that it allows , without some form of constraint , without some form of guidance, it allows the individual assessor or examiner from the BMA to determine what is sufficient on a case -by-case basis. And so that can lead to a market circumstance where the person who is regulated basically has to guess what the BM A would want , unless the examiner or assessor is fort hcoming. We have seen this a couple of tim es in the market . And obviously this creates uncertainty . Uncertainty it is not something that businesses do well with. And to that end, I think that when the BMA proceeds with implementing this regime, they are going to need to provide the market with mor e certainty around how they are going to judge what is suitable in all these case -by-case basis. To that end, Mr . Speaker, I do have a couple of questions for the Honourable Premier . What is going to the timing of the implementation of this new r egime ? I am mindful that the BMA consultation doc uments specif y they are going to be going to the insurance companies and banks first with this new regime. And so they said they were going to doing that in twenty . . . they said this year. But I know that we have had this amendment on the O rder Paper for a while now. So, my question to the Honourable Premier would be , Are we still going to be able to get those
Bermu da House of Assembly documents out to market and in effect for companies to read and act on before the end of the year ? I did spe ak already , Mr . Speaker , on the amendment , [about it] it being very brief, so there is a lot of room for interpretation. Is there going to be any mechanism generated by the BMA to assist companies with determining what is proportionate or risk based prior to the BMA ruling? O r maybe observing the company and then making a ruling on it? Yes, those are my questions for the Honour able P remier. Again, we support this and we think it's timely. It's important. It keeps us in compliance with international norms, but far more importantly, it actually goes some way to protecting the consumers of f inancial services companies like banks and insurance companies, et cetera. I thank you for this time, Mr . Speaker .
The SpeakerThe SpeakerThank you, Opposition Whip. Does any other Member wish to make a contribution at this time? Hon. N. H. Cole Simons: Yes, Mr. Speaker .
The SpeakerThe SpeakerOpposition Leader, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr . Speaker. As my colleague indicated earlier, the question is , Why now? B ecause it's way overdue. Mr. Speaker, I've been preparing for this debate. I did some research and I see a number of …
Opposition Leader, you have the floor.
Hon. N. H. Cole Simons: Thank you, Mr . Speaker. As my colleague indicated earlier, the question is , Why now? B ecause it's way overdue. Mr. Speaker, I've been preparing for this debate. I did some research and I see a number of firms, older firms , have recommended that this be in place since 2016. Then I saw a paper that spoke to this whole issue and that was in 2005. And so it looks like we are just catching up. A nd I would like to know what the impetus was for us to just get on it at this late stage. But as my colleague has indicated, we are very supportive of this legislation and having a code of conduct regulat ory framework in our financial services industry. Mr. Speaker, you will recall years and years ago there were the failure s of Enron and WorldC om and Parmalat . And basically the common theme amongst those failures was a weak corporate gover nance. And this w hole issue of the code of conduct from a regulatory perspective speaks to corporate governance, misleading and false disclosures ; fraud, where either the management steals from the shar eholders or the banks facilitate market misconduct b y mis-selling or financing rogue creators or borrowers. So Mr. Speaker, as I said, this is something we support and we do have to protect our sharehol ders and we have to protect our consumers , and we know that some businesses float close to the edge. Some will push the envel ope as far as they can to succeed, and some will go beyond the boundaries . And this is why we need to have regulations of this nature. It is important that we do what is necessary to arrest this type of nefarious and inappropriate behaviour within our financial service industry . Because even though we may have this infrastructure, we are dealing with people . And there are all sorts of bus iness people out here and history will tell you that we have many business people who, as I said earlier , will push the envelope and do whatever is necessary to progress their businesses and impact their bottom line. We have to ensure, from a reputational point of view, that anybody conducting business in Bermuda must know that there is a framework of operation in regard to corporate governance. Mr. Speaker , I think at this point we have great, great prudential regulations . And for those who are not aware of what prudential regulations [are], I am just going to briefly go through that —briefly — because we’ re talking to the average man in the street . When it comes to prudential regulation, we are looking at financial regulations requiring financial firms to control the risk profile, to hold adequate capital as defined by capital requirements. We are looking at liquidit y requirem ents. We are looking at concentration risk limits and we are looking at reporting and public disclosure requirements. Mr. Speaker, we have had this for quite some time and this is what has helped us get where we are in regard to our sterling reputation in the insurance industry and the financial service industry. But as I said, the conduct business regulation will in essence govern the conduct of financial intermediaries in providing financial services and financial products. It will address fraud. It will address and should address inside trading. It should also addres s professional negligence and market manipulation. And Mr . Speaker, it would be interesting to see the code of conduct guidance notes whenever it comes through. Mr. Speaker, this is a monumental task , and I am just hoping that the BMA has the financial resources to deliver in this realm because it is going to take r esources to be successful in ensuring that the code of conduct is adhered to and is effective. Mr. Speaker , the other issue that I would like to speak to is a survey that I looked at . I think it a pplies to Bermuda as well. And I think the Premier touched on it . There is a trend toward we have to pr ovide more protection to the shareholders through empowering the shareholders . And I k now we have our board meetings and we have our shareholder meet-ings and , again , this is part of proper corporate governance. And we have to make sure that the protocols are in place, that these meetings are held effectively, that the Minutes will record it, and that best practice is adhered to. The other issue , Mr. Speaker , that is more sensitive when we talk about the quality of perfor-mance from a governance point of view , we also need to look at the board of directors of our companies . We have to make sure that these directors are qualified, 1516 1 July 2022 Official Hansard Report
Bermuda House of Assembly capable and decent people, and that they are doing what is best , obviously for their businesses, but also what is best for us as a jurisdiction, and that they are capable of putting (I'll say ) their company’s interest s and the country's interests at heart. W e should have no directors on any of our boards that have a bad reputation or history of bad management and a history of violating the regulations of other jurisdictions. There was an article in today ’s paper about a Canadian individual . And it's a shame that Bermuda as a jurisdiction was linked to that . But be that as it may, it is what it is. And hopefully the code of conduct will address those types of individuals . And finally, we also must insure that the i ntermediaries [INAUD IBLE ] services like the auditors, the lawyers, the analysts, any of the sponsors of m utual funds or private equit ies, [and] private placement are quality people , that they adhere to appropriate sales standards , that they don't mis-sell products and services to people. In addition, we have to ensure that there are no conflicts of interest s which will impact the professional judgment of these people or intermediaries. So, Mr. Speaker , like my colleagues, I believe that this is required as a jurisdiction. I think it will also enhance our reputation as a jurisdiction. And at the end of the day we just have to be careful that the be nefits of administering the regulations does not outweigh the benefits to the country. So, Mr. Speaker , I will end as I began, this is required. I am sorry that is just surfacing in this country. It is about corporate governance and making sure that our regulatory body ensures that financial service companies and our financial service industry meet s international standar ds like [INAUDIBLE] and the SEC and that we can stand amongst the best of the world with a well -regulated industry that has a well -regulated code of conduct for players in our financial service industry. Thank you, Mr . Speaker .
The SpeakerThe SpeakerThank you, Opposition Leader. Would any other Member like to make a contribution at this time? Any other M ember? There are none. Premier, would you like to wrap up this one before we go to C ommittee? Hon. E. David Burt: Thank you. Mr. Speaker, I will do my …
Thank you, Opposition Leader. Would any other Member like to make a contribution at this time? Any other M ember? There are none. Premier, would you like to wrap up this one before we go to C ommittee?
Hon. E. David Burt: Thank you. Mr. Speaker, I will do my best. I thank the Honourable Members opposite for their support. I will say that I will agree with the Honourable Leader of the Opposition and Shadow Mini ster of Finance for his lamentations about how long this has taken because, certainly, as you would have heard in my Statement earlier, Mr. Speaker, on matters related to conduct, they were the implorations of myself as Shadow Minister of Finance recognising the importance of this particular matter. And certainly, Mr. Speaker, it is not lost on me that it is 2022 a nd we are now finally putting something in place. So, it is not a quick process; but it is one that we have completed and it is one to make sure that we keep the promises of which we made to the electorate. But I know there were a few questions. I think there was one that asked, What are the resource i mplications for the Authority, [the] staff, [the] fees? Mr. Speaker, initially is anticipated that the additional conduct-related provisions within the codes will be folded into the existing supervisory teams ’ work streams and will be supervised the same way as current prudential requirements to the codes. The supervisors are already familiar with the activities of regulated entities and their business models, so it is anticipated that this will facilitate the activities of regulated entities and their business models, and also facilitate the superv isory additional conduct of business requirements. As the conduct regime matures, it is env isioned that a separate conduct unit will be developed within the Authorit y providing the supervisory fram ework employing more specialised conduct and adv isors as needed. At this point in time, no additional fees are envisioned for licensees and registrants. As the regime matures, it may become necessary to r eaddress this matter at which point the Authority will follow its usual consultation process for such changes.
[Pause]
Hon. E. David Burt: Apologies, Mr. Speaker. Another question that was asked was, How did the Authority intend on enforcing the regime? Conduct of busines s provisions will be added to existing or . . . sorry, conduct of business provisions will be added to the existing or, for some sectors, newly created codes of conduct or practice and will be therefore addressed the same way as the existing provisions of these codes. Initially, as I said, the s upervisory teams’ response for each sectoral code will address the new requirements as part of their existing programme of onsite and offsite supervision. Of course, Mr. Speaker, this varies according to sector using a risk -based approach. Should we di scover that firms are not adhering to the requirements of the respective code the Authority will take this into account in determining whether the firm is meeting its obligations to conduct business in a prudent manner as required by the minimum criteria for licensing. If you give me one second, Mr. Speaker. Okay, we got them all. Oh, there was another ques-tion that I think was asked by the Shadow . . . sorry, the Opposition Whip, about the application of the codes and additional guidance. With regard to the application of the codes, if additional guidance is required, as a new conduct framework is rolled out additional guidance will be provided to relevant sectors if necessary. There will be ongoing discussions with lic ensees and industry
Be rmuda House of Assembly bodies throughout the rollout and implementation of this. And finally, in regard to timing, the new codes will be issued by the BMA this year with an appropr iate transition period for market sectors to come into adherence. And the BMA will continue its dialogue and consultative process, as it always does, throughout the implementation of the codes. And certainly the impetus for the addition is in support of the BMA’s m aturity as a regulator and as a member of international bodies who are continuing to explore how to better protect customers of financial services. But Mr. Speaker, it should also be recognised this was something that was enshrined in the Pr ogressive Labour Party’s 2017 Election Manifesto. And it is something that is important that we make sure that we deliver so that persons in this jurisdiction are no less (I guess I would say) disadvantaged from f inancial institutions than persons in other [jurisdi ctions]. With that, Mr. Speaker, I do believe that answers all of the questions of which were posed and with that I now move that the Bill be committed.
The SpeakerThe SpeakerThank you, Members. Are there any objections to the Bill being committed? There are none. Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 3:47 pm [ Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL BERMUDA MONETARY AUTHORITY ACT 2022
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Bermuda Monetary Author ity Amendment Act 2022 . Premier, Finance Minister, David Burt, you have the floor. Hon. E. David Burt: Thank you so much, Mr. Chai rman. Mr. Chairman, …
Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Bermuda Monetary Author ity Amendment Act 2022 . Premier, Finance Minister, David Burt, you have the floor. Hon. E. David Burt: Thank you so much, Mr. Chai rman. Mr. Chairman, it is an incredibly short Bill, so I will ask if we can move all of the clauses.
The ChairmanChairmanYou may certainly move them all. Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, clause 1 of the Bill provides a citation for the Bill. Clause 2 amends section 3 of the Bermuda Monetary Authority Act 1969, Principal objects to the Authority. Clause 2 amends section …
You may certainly move them all. Hon. E. David Burt: Thank you, very much, Mr. Chairman. Mr. Chairman, clause 1 of the Bill provides a citation for the Bill. Clause 2 amends section 3 of the Bermuda Monetary Authority Act 1969, Principal objects to the Authority. Clause 2 amends section 3(1) to insert par-agraph (bg) so as to provide an additional principal object for the Authority relating to the Authority having the oversight of the conduct of business by financial institutions for the purpose of promoting the protection of consumers using products and services provided by financial institutions.
The ChairmanChairmanThank you, Mr. Premier. Are there any further speakers? Hon. N. H. Cole Simons: No, Mr. Chairman.
The ChairmanChairmanthank you, Honourable Member Cole Simons, Opposition Leader.
Mr. Premier.
Hon. E. David BurtpremierThank you, very much. Mr. Chairman. Mr. Chairman, I move that the clauses 1 and 2 be approved.
The ChairmanChairmanIt has been moved that clauses 1 and 2 be approved. Are there any objections to that? Hon. N. H. Cole Simons: There are no objections.
The ChairmanChairmanNone. Approved. Thank you, Mr. Simons. [ Motion carried: Clauses 1 and 2 passed.] Hon. E. David Burt: Thank you. Mr. Chairman. I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Any objections to that? Hon. N. H. Cole Simons: No.
The ChairmanChairmanNo objections. Approved. Hon. E. David Burt: Thank you, very much. Mr. Chairman. 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. The Bill will be r eported to the House as printed. [ Motion carried: The Bermuda Monetary Authority Amendment Act 2022 was considered by a …
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 r eported to the House as printed. [ Motion carried: The Bermuda Monetary Authority Amendment Act 2022 was considered by a Commi t1518 1 July 2022 Official Hansard Report
Bermuda House of Assembly tee of the whole House and passed without amendment.]
The ChairmanChairmanMr. Speaker. House resumed at 3:49 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE BERMUDA MONETARY AUTHORITY AMENDMENT ACT 202 2
The SpeakerThe SpeakerThank you, Deputy [Speaker ]. Members, are there any objections to the Bill entitled the Bermuda Monetary Author ity Amendment Act 2022 being reported to the House as printed? There are none. The Bill has been reported. Thank you, Members. That now moves us on to the next item on …
Thank you, Deputy [Speaker ]. Members, are there any objections to the Bill entitled the Bermuda Monetary Author ity Amendment Act 2022 being reported to the House as printed? There are none. The Bill has been reported. Thank you, Members. That now moves us on to the next item on the Order Paper. The next item to be dealt with this afte rnoon is the second reading of the Criminal Code Amendment Act 2022 in the name of the Attorney General and Minister of Legal Affairs and Constit utional Reform. Madam Attorney General.
[Pause]
The ChairmanChairmanMadam Attorney General, would you like to present your matter at this time? Hon. Kathy Lynn Simmons: Yes, Mr. Speaker. if you would indulge me for one second. I am trying to pull up my notes, which seems to have defeated me.
The SpeakerThe SpeakerOkay. We will give you a moment. Technology is a great tool when it works with us. Right? W hen it works against us, it is another matter. Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Criminal Code Amendment Act 2022 …
The SpeakerThe SpeakerAre there any objections to the Bill being read a second time? There are none. Continue. BILL SECOND READING CRIMINAL CODE AMENDMENT ACT 2022 Hon. Kathy Lynn Simmons: Mr. Speaker, the Bill entitled the Criminal Code Amendment Act 2022 seeks to repeal the temporary or sunset clause prov isions in …
Are there any objections to the Bill being read a second time? There are none. Continue.
BILL
SECOND READING
CRIMINAL CODE AMENDMENT ACT 2022 Hon. Kathy Lynn Simmons: Mr. Speaker, the Bill entitled the Criminal Code Amendment Act 2022 seeks to repeal the temporary or sunset clause prov isions in the Criminal Code Amendment Act 2012 which inserted the criminal offence of instructing a person to participate in unlawful gang activity and i nstituted increased sentences for offences where unlawful gang activity is a feature of the criminal acti vity into the Criminal Code 1907 for a limited period of time. The 2012 measures were modelled on Canadian anti-gang legislation enacted in 2009. Mr. Speaker, the 2012 Act prescribes as follows. Section 33A criminalised instructing a gang member to commit an offence. Section 70JA defined unlawful gang and unlawful gang activity. And section 70JB provides the court with the power to increase a sentence on conviction where the offence is connec ted to or arises from unlawful gang activity. This amendment Bill seeks to repeal the temporary or sunset clause provisions in the 2012 Act, thereby permanently codifying sections 33A, 70JA and 70JB into the Criminal Code. These now indi spensable sunset provisions have been kept in oper ation through statutory instruments published in the Official Gazette extending their effect since July 2012. Mr. Speaker, Members and the public at large are agonisingly aware of the unprecedented scourge of gang- related criminal activity which has come to light in Bermuda society. Looking back to when the 2012 Act first became law, Bermuda society was gripped for the first time in its history with increases in violent crime, demonstrating the hallmarks of criminal organisation into groups we then called gangs. In 2012, Mr. Speaker, the PLP Government and police were cautious based on pervasive public attitudes to give credibility to the fledgling groups demonstrating gang- like behaviours and organisation. As the provisions and the gang phenomenon were unprecedented at the time of enactment, legislators supported employing temporary enactments via a sunset clause to run in conjunction with other gangcurtailment policy and policing measures. In fact, Mr. Speaker, the tenor of the parliamentary debate in 2012 focused on the shared hope that future gener ations of young people could be spared from being e nticed into unlawful gangs and from participating in u nlawful gang activity. For that, it was not envisaged that these provisions would be needed some 10 years la ter. Mr. Speaker, that sam e hope and the prayers that were argued remain as alive today as they did in 2012. But we must also take collective societal and legislative and policy action using all the tools across the continuum of prevention, deterrence, effective punishment, rehabilitation and restitution to protect the peace and order in our community. Mr. Speaker, recently the Honourable Minister of National Security presented a comprehensive update on the initiatives and actions taken across go vBermu da House of Assembly ernment to tackle unlawful gang activity and antisocial behaviour. This Government continues to commit r esources, programmes and best efforts to dampen crime and gang- related activities. Bermuda is not unique in the fight against unlawful gang activity. Our geographical isolation and small size no longer buffer us from global influences across media, entertainment and social media platforms which glorify violence and criminality. With that backdrop, Mr. Speaker, we come to this moment in time, which regrettably requires us as legislators to consider the intractability of gang- related crime in Bermuda despite sustained policing efforts and inventive government -wide policies to dissuade young people from joining unlawful gangs and partic ipating in unlawful conduct. But starkly, the real -life consequenc es of gang membership and activity i nclude physical and sexual abuse and exploitation, exposure to illicit drugs and alcohol, isolation from fam ily, difficulty securing employment, imprisonment, and even death at the hands of retaliatory violence. Mr. Speaker, I anticipate the debate will touch on all of the nuanced complexities of gang and crime issues we all remember, including criticisms of the government’s responses to it. This Government r emains open to considering all viable suggestions, no matter where they originate, to aid in collective sol utions to the gang problem. Mr. Speaker, as stated in my Statement when introducing the Bill, the Criminal Code must contain appropriate offences to match the criminal activity known to exist in society with crim e and punishment being effective and dissuasive. These gang- specific provisions widen the tools available to police, pros ecutors and the courts to bring offenders of crime - related offences to justice. They give the courts ad equate powers to ensure sentenci ng reflects the ser iousness and extent of the offending. In doing so, it shows that society denounces the unlawful conduct in question and demands that offenders are removed from society based on the severity of the offence committed. This is necessary to maintain a just, peaceful and safe society. Mr. Speaker, the Bill before us, in its purest sense, is a piece of legislative housekeeping. I bring this Bill with the full support of the Director of Public Prosecutions and the Commissioner of Police, who have each indicated the continuing need for these provisions to be codified as a deterrent for unlawful gang activity. I can report that there were two indic tments before the courts where offences from the 2012 Act have been charged and/or will be subject to the aggravating sentencing for gang- related criminality. This highlights the real -time need for the statutory provisions of this Bill to be made permanent as recent alarming public execution- style shootings made their way through the judicial system. Betw een July 10, 2012, and January 30, 2022, there were 186 con-firmed firearms incidents, all linked to gang- related activity. Mr. Speaker, magistrates, judges, prosecutors and defence counsel are fully competent with nav igating all the evidential requirement s necessary to prove the existence of gang related activity in the ci rcumstances of each case. This may include the use of expert testimony, cell site analysis, forensic and balli stic evidence, CCTV footage, police body camera footage, et cetera. It is not said with any pride that in the Bermuda case of Myers v. The Queen [2015] , the Privy Council issued guidance on the admissibility of evidence relating to gangs, their existence, their terr itories, their feuds, allegiances and members’ affili ations and act ivities. The opinion of the Privy Council has proved useful for English and Welsh prosecutors and courts when analysing admissibility of evidence under their own gang laws. Mr. Speaker, as you can imagine, many questions have been posed about the gang iss ue. One that comes to mind is whether the additional penalties i mposed by the 2012 Act have worked. This is difficult to ascertain from the recorded indictments alone, but the dissuasive effect of a criminal sanction is exceedingly difficult to assess, bas ed purely on whether or not the crimes have been charged or successful prosecutions have ensued. The myriad of factors at play suggest, at least anecdotally, that without these provisions we would send a message that as a society we do not take gang- relate d crime and punishment seriously. One can question whether the prescribed penalties are tough enough. Keep in mind that these provisions prescribe additional penalties in a similar way as found in the Misuse of Drugs Act. But the underlying offence may alr eady be subject to harsh and severe terms of imprisonment. In some instances, the penalty is already the maximum life sentence, for instance, in firearms -related murder cases where the mandatory sentence is life imprisonment. Ultimately, Mr. Speaker, the question arises as to whether these deterrents are effective at all. Criminal law policymaking is predicated upon the notion that penalties befitting the crime consistently enforced, along with other measures to discourage cri minal behaviour, will yield po sitive results. Hence, there are prevention, rehabilitation and treatment pr ogrammes in place in tandem with these criminal law enforc ement measures to achieve the desired results or goal . Mr. Speaker, the 2012 provisions remain temporarily enforced as a necessary tool against the scourge of gang violence. They send an unmistakable message that brazen criminal acts or coordinated, premeditated discharge of firearms in successful and unsuccessful attempts to take life will not be tolerated. Neither will o ther unlawful gang activities. Therefore, dispensing with the Bill’s offences and increased pen-alties will remove a vital tool needed to counteract this escalation. 1520 1 July 2022 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, now 10 years since the enac tment of the 2012 Act, it is overdue to legislate for its permanent codification. Accordingly, this Bill quite straightforwardly asks us to consider removing the sunset clause from the 2012 Act so as to make those provisions permanent in the Criminal Code Act 1907. Mr. Speaker, I dare say that public outc ry demands severe punishment for criminality centred on gang activity. We are continually being challenged to use every means at our disposal to eradicate criminal gangs, gang violence and criminal gang activity. The permanent enactment of these provisions is another answer to that call. Mr. Speaker, as the Bill moves into Commi ttee, Honourable Members of the Government will speak with greater specificity to crime, policing and social services initiatives, tapping gang- related crim inal activity, particular ly as it relates to our youth. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Madam Attorney General. Does any other Member wish to make a contribution? Hon. Michael H. Dunkley: Yes. Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerGood afternoon, MP Dunkley . You have the floor. Hon. Michael H. Dunkley: Thank you. Mr. Speaker. The Opposition certainly is widely supportive of this Bill. And while we didn't agree with everything that was in the brief, we certainly are supportive of this Bill as another tool in our …
Good afternoon, MP Dunkley . You have the floor.
Hon. Michael H. Dunkley: Thank you. Mr. Speaker. The Opposition certainly is widely supportive of this Bill. And while we didn't agree with everything that was in the brief, we certainly are supportive of this Bill as another tool in our fight against gangs. Now, Mr. Speaker, to start off I have to say that I believe we are at a point now when the gang lifestyle and the mentality is to some degree entrenched in our community. And that's a real concern, because once you have the tentacles of this lifestyle that is so negative for our community and causes so much pain and so much violence and so much sadness all through, it makes it even more and more diff icult to rid that element out. Because once it gets e ntrenched, when people are pulled out of the lifestyle, others are quickly pulled back into it. I know in my time as the Minister of National Security, when you have your successes, you could always see somebody else coming to take that place or somebody else getting involved for man y different reasons. So, every tool that we have to fight this lif estyle, to fight this evil, to fight this cancer , Mr. Speaker—and that is what I will call it, this cancer in our community —is to the benefit of what we have to do. Now, this Criminal Code A mendment Act 2022, Mr. Speaker, certainly, as I have done my r esearch on it and the Attorney General alluded to this during her brief earlier, is that these provisions really have been widely used up to this point, and these provisions are mainly to be use d once you get to the sentencing aspect, and there are two indictments that might fall under this aspect. So, we were pleased to see that the Chamber and the DPP [Department of Public Prosecutions] supports it, and [to see] the gen-eral support from the pol ice on it, Mr. Speaker. Now, talking more generally about gang vi olence, and isn't it interesting how life treats us today as we debate this Bill? We have a horrific incident that led to a murder last night and at least one other person showing up at the hospital with injuries from the shooting, where it seems like on an all -too-frequent basis we have more and more of these horrific inc idents that take place. And one always seems to be much worse than the other. To find out that . . . and there are still many facts that are not in the public d omain yet, but to find out it happens at a busy intersec-tion, albeit at a late time of night, where more than two people are involved and there is mayhem on our road. Not speeding and careless driving, but actually shooting out in a public place, Mr. Speaker. It just goes to show that while we can have success and calm periods in our community . . . I found out quite quickly as a Minister, because I took over right after this very bleak period in 2012, when it started, while we can have certain calm periods, the violence will erupt again and quiet down again. It's still there because now it's entrenched in our community. And you know, the PLP has been one to always say that there are Two Bermudas. And a number of times, Mr. Speaker, I have agreed. And in this case, I agree, there are Two Bermudas, Mr. Speaker. Clearly, there's one Bermuda that is fighting through life on the challenges we have with COVID -19, doing their best to follow the laws, doing their best to rebuil d life after COVID -19, to face the challenges of the high cost of living, to face the challenges of getting back to work or businesses opening up again to face those challenges, doing all of that against the framework of what are the proper norms and laws of our community. And then there is the other Bermuda, outside of the mainstream of our society who really couldn't give a damn, Mr. Speaker. I apologise for my language, but could not give a hoot on what is expected by the mainstream of society and our la ws, Mr. Speaker. And that's a sad indictment of where we stand. My comments, Mr. Speaker (let me let me say this before I go on any further), are not a criticism of the PLP Government. My comments are a criticism generally about us as a community. We all have to take some responsibility for this, Mr. Speaker, be-cause much of this we have allowed to take place. The burden is on us; we have allowed it to take place. Just look at some of the reasons, I believe, that we have the gangs entrenched in our communi ty now and more and more individuals getting involved in this lif estyle. We have talked about failings in education for years, Mr. Speaker. Failings in education are certainly
Bermu da House of Assembly a big part of why so many people are outside the norms of society and do what t hey please. Mr. Speaker, the breakdown in the family and raising our chi ldren. And I am not going to get into specifics about it because I want to devote my time to this and stay on point without going too far and too detailed, but the breakdown of our fam ily unit and raising our children. Many families, many friends, many people in the community know what is taking place, but we do not hing about it. We speak amongst friends; we do nothing about it. We allow it to go on and the next thing we know, Mr. Speak er, it's on our own doorstep, it’s in our own community, it has impacted us, and then we want the police to come. Then we want the police to get involved. Then we want the police to catch those peo-ple and hold them accountable for what they do. But all the while when it was taking place in other parts of our community, we would talk about it, but we would not pass on information. It is unacceptable, Mr. Speaker , failings in our education system, failings with us and bringing up our children, protecting our co mmunity. The other thing, Mr. Speaker, that is important is, you know, we have a high youth unemployment rate and most of those are Black youths. But what many of those people have found is that they have the ability to earn cash in the black market that 's not taxed, Mr. Speaker —outside of a normal job that we would talk about, that you would be proud to have, where you would see the value in work. They can earn this easy money outside the scope, they can work their own hours they want to make. Yes, there's some danger involved, but they don't punch a clock. They don’t have to worry about making time. They don't have obligations to go pay taxes, but they can make money, Mr. Speaker. This market feeds the gangs. That's what they live off, Mr. Speaker. Now, I have talked about families, talked about the breakdown in the families, failings in educ ation, the ability to earn dollars outside in the under-world, Mr. Speaker, and another [reason] is social media. Yes, many of us as politicians are on social media. But when we look at the extent and power of social media, we can realise the magnitude of the problem that we have in dealing with the gangs in this country. We have all seen the videos that people take at the scenes of accidents, at shootings, at murders, Mr. Speaker and they freely circulate those videos. It's unbelievable that people can be so callous, so cruel and lack the understanding that this is wrong to do. But those are the people who are outside the mai nstream of society. So they don't have the v alues, they don’t have the understanding. They can be free. They think it’s a good thing to share that. And then what does that do? It emboldens other people who are starting to get caught in by the tentacles of that lif estyle, Mr. Speaker. And so, as I ta lk about how we got here, I mentioned important life values. Most people will look at important life values of honesty and integrity, the value of work, the impact and the importance of your family and protecting each other and looking out for each other —those values , Mr. Speaker. And there are many more. Those values are not in the entrenched gang underworld. They have different values. They don't . . . they take some of the commandments in the wrong way, Mr. Speaker. One of the important values I live by in life is do unto others as you would have them do unto you. But for gang members [it is], an eye for an eye, and a tooth for a tooth. Something happens to me and my brethren, we are coming after you. And those feuds go on for weeks and months and years. And all of a sudden, they rear their head again. So, you know, we have an understanding of the problem. And the more tools we have to deal with it, the better we are. But the only way, Mr. Speaker, we get out of this, the only way we stop the alarming rise of those firearm incidents, which [number] 186, I believe, the Minister said in 10 years —it's an astounding number for Bermuda when guns are illegal, when we have serious sentencing for having ammunitions. I think it's 10 years if you are found in possession of a bullet. When you realise just how entrenched it is, we have to pay attention to this matter 24 hours a day, seven days a week and everyone needs to be i nvolved. It's not a political problem, totally. It's certainly not a police problem. It's certainly not just a helping agency problem. It's all of our problem. And too many of us are not paying attention until it comes close, until it comes too close and then it's too late, Mr. Speaker, because something has already happened that's i mpacted you, your family and your friends. So, last night when I rose early and was catching up on the news, I was gutted . I was gutted, Mr. Speaker, to see and learn that once again, in my constituency , once again a horrific incident happened in the middle of the night when most people were earning a good night's sleep after a hard day’s work preparing to face a Friday. The police are stressed with more work to do and the community is reaching out for answers, and they are looking at us as politicians to provide the answers to that. And what we can do today is we should all speak in unison about this entrenchment of gangs in our community and say to those involved, Look, we see that you might have gone in a different direction. We are coming after you to change your di rection , and we are going to do everything we can to make sure it happens . It's not just the police. It's all of us involved, because I think we all know somebody who has fallen off the tracks, the tracks of life—and they are deadend tracks . And no words are more hurting than “dead end” because that's the way it ends for many of these people. 1522 1 July 2022 Official Hansard Report
Bermuda House of Assembly Families continue to grieve. It's a sad state of affairs, Mr. Speaker, while we try to pull our community through difficult times with COVID -19, and now we have the tentacles of gang lifestyle more and more entrenched in our community than ever before. It gets to a point, Mr. Speaker, if we can't stop that e ntrenchment, then it can be too late. So, let’s not let it be too late. Let's all of us do something about it. You know, I will never forget a quote from Barack Obama when he was dealing with a difficult challenge when he was president of the United States. He was asking for people to show some courage, and he said, “Courage is fear holding on just a minute longer.” And I ask people now to show some courage and speak about these issues in your family, with people you trust, with people you respect. And let’s try to make a difference to those who are going in the wrong direction. Because believe you me, I totally believe and trust that they don't want to go in that direction, but that direction is pulling them because they feel a belonging, they feel hope in their lives. They have camaraderie with people that they hang with. But let's show them that the numbers are greater on this side in society, show them that they have family and friends who love them, that it's an illness and we can help them get through this. B ecause another shooting, another life lost is too much for a part of this community, Mr. Speaker. So toda y this legislation is another tool in the toolbox that most people in the public will read about tomorrow. And to help people understand it better, let’s get all 35 of us as Members of Parliament to rally around and reach out to the community and show those in our constituencies who we represent that we are here to help, that we will do whatever we can, not only in just trying to make sure we pass the laws, but in the community to get those people that are on the verge of doing something where there is no t urning back from, get them to come back into a more co mfortable place that has hope and opportunity. Because right now, Mr. Speaker, a lot of people don't see it, with the way things are going with the high unemployment rate, with the lack of education in many ce rtain areas. And trust me, they are street smart. They think that they don't need the values that have been time-tested to be successful. And so, it's a big job that we face here today, Mr. Speaker, to do something about it. But with the passion for a better future, we as Members of Parliament can actually show them that we care. So, we should take time to go into our constituencies to talk with these guys where they hang out. Go talk to them where they hang out. Let them know that you will listen. Let them know that you will try to understand how we can move forward together. Because once they pull a trigger they are marked, not only by law enforcement, but they are marked by their brethren in their gang and other gangs. There is no turning back. And then it's too late. So, Mr. Speaker, I tried to deliver an important message and set a tone to follow what the Minister said, that yes, we can support this. But it won't be enough because there are Two Bermudas. There are those outside the mainstream of society, and we need to pull them back in because they are ruining themselves. They're tearing apart the fabric of our country. They are hurting loved ones all around them. Mr. Speaker, as Bermudians who care and deeply love our country we can do something about it. Thank you,
Mr. Speaker.
The SpeakerGood afternoon. Thank you, MP Dunkley. MP Simmons, would you like to make a contribution at this time?
The SpeakerThe SpeakerMP Simmons, you have the floor.
Mr. Jamahl S. SimmonsThank you. First of all, I do appreciate the tone that the debate has taken, and I have to commend the Hon-ourable Attorney General for bringing forward this legislation. I think that most of us, all of us, feel the need to see this implemented. But as you look around …
Thank you. First of all, I do appreciate the tone that the debate has taken, and I have to commend the Hon-ourable Attorney General for bringing forward this legislation. I think that most of us, all of us, feel the need to see this implemented. But as you look around the world, if you look at Paris, if you look anywhere there are wealthy and there are poor. Anywhere where there is a disparity between the haves and have- nots, gang violence is as inevitable as the coming of dawn after night. And so, while this is one step, and I think it is a good step, a conversation that we need to have is about the conditions that our economic system is creating that takes away hope from young men and the young women who love them, the conditions that cr eate someone who feels they have nothing to live for, who feels such a level of hatred for themselves and for others that they can take a life just like turning on a light or tur ning off a light switch. These are the questions that we need to ask because everywhere there is exploitation. Everywhere there is poverty. Everywhere there are the margina lised, and the gangs arise. It doesn’t matter what lan-guage they speak. It doesn’t matter what religion they practice as a culture. It doesn't matter how much pl atitudes are given. Where the haves and have- nots exist, this by nature arises. So, when I look at some of the young men that I come into contact with, they don't see a place for themselves in Bermuda. And we have to tackle that. We have to tackle that. You can say of some, You know what, he fooled around in school . He has always been a troublemaker . But not all. Some are victims beyond their control and they lack the tools, they lack the ability to get back into the mainstream.
Bermu da House of Assembly And when family falls apart due to dysfunction, the friendship and the family and the camaraderie of the street will fill that gap. When society falls apart and does not love you, or does not show they love you or does not show that there is a place for you, the gang becomes your fa mily. It becomes your society and you establish your own culture and your own rule of law. So, I commend the Honourable Attorney General for bringing this forward. But we need a co nversation, a deeper conversation about the casualties of Bermuda Inc., the people who have been left behind long before the first recession that we faced in the early 2000s and long before the current problems [INAUDIBLE]. This is something that has been going on for a long time. The only difference in what's happening now in the escalation of violence is the intr oduction of guns, and the introduction of a greater wil lingness to kill each other. But I've always stuck by a teaching originally from the Bible, but was taught to me by the honour able Elijah Muhammad’s teacher, Minist er Louis Farr akhan, How can you love God whom you have never seen and hate your brother, whom you see every day? And if you know the history of Bermuda, Mr. Speaker, many of us, particularly those of us with families that go back several hundred years, are very deeply related to each other. And with many of the murders that occur you have seen cousins killing cousins unbeknownst to each other. You've seen the family chopping off limbs from its own tree. But this is a product of things far deeper than just what we tend to talk about. There are victims of the economic system that we brag and boast about. There are victims of an economic system that says we are one of the wealthiest countries in the world, and these are some of our victims. Some are terrible, horrible people. But not all of them are. And when we don't provide the guidance, the exit plan, the strategy . . . And let me take a moment as well, because he has taken a lot of stick. Pastor Leroy Bean. You know, I've told several Ministers, U nleash th e man and let him speak on the work he is doing . Unleash the man and let him talk about his record. Let him defend his record because I know the sacrifices he's made. I know how he's been out on the streets doing his part and Bermuda is a better place for the work that he is doing, because he gets that this is a little bit deeper than what we think it is. And I commend him. I encourage him. I know that it is a thankless task. It is a thankless task when you are out [all] hours of the night helping to bring communities together, helping to mediate conflict and all people want to talk about is, H ow much [do] you get paid and what are you doing? But I will stand here and defend Pastor Bean to the death because I know the work he is doing, and I know that many of the families he has helped know the work he is doing. So, with those remarks, I support this Bill, I support the efforts to address this, and I hope that we will begin to have a frank conversation with action around addressing the people being left behi nd by our economic miracle. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Simmons. Does any other Member wish to make a contribution at this time? Hon. Michael A. Weeks: Mr. Speaker.
The SpeakerThe SpeakerMinister Weeks? Hon. Michael A. Weeks: Yes. Thank y ou, Mr. Speaker.
The SpeakerThe SpeakerYes, sir. You have the floor. Hon. Michael A. Weeks: Okay. I would like to start off by commending the Attorney General for bringing this, and I very much understand it and I agree with it. But you know we have to understand, Mr. Speaker, also that the Criminal Code …
Yes, sir. You have the floor.
Hon. Michael A. Weeks: Okay. I would like to start off by commending the Attorney General for bringing this, and I very much understand it and I agree with it. But you know we have to understand, Mr. Speaker, also that the Criminal Code Amendment, the police and ultimate incarceration is at one end of the spectrum. There is a whole spectrum as I tried to explain to people when I explain what we are doing here in the Ministry of National Security. What the spectrum is, Mr. Speaker, is much like it is when we are talking with . . . Mr. Speaker?
The SpeakerThe SpeakerYes, sir. Yes, MP. Yes, Minister. Hon. Michael A. Weeks: Oh, you are there. Okay.
The SpeakerThe SpeakerYes, Minister. Go ahead. I'm here. Hon. Michael A. Weeks: Yes, I can see you. I can see you.
The SpeakerThe SpeakerI’m just trying to resolve an issue, but go ahead. I caught every word that you had. Hon. Michael A. Weeks: Okay. All right, Mr. Speaker. Mr. Speaker, the spectrum that I explained is like a ch ild coming up in a household. One end of the spectrum is the …
I’m just trying to resolve an issue, but go ahead. I caught every word that you had.
Hon. Michael A. Weeks: Okay. All right, Mr. Speaker. Mr. Speaker, the spectrum that I explained is like a ch ild coming up in a household. One end of the spectrum is the social services, the churches, schools, community clubs. But on the other end of the spectrum up at 8, 9 and 10 that’s where the enforcement comes. That is when mama tells you, after she has tried everything else, Wait until your daddy comes home . The other end of the spectrum, Mr. Speaker, is when correction is needed. And I am saying that to say, Mr. Speaker, that the other parts of the spectrum are very much needed. We know that after someone has gone through all the steps, i.e., schools, education, churches and whatnot —[which is where] we got our teaching from — a lot of times, very few people go off the rails where 1524 1 July 2022 Official Hansard Report
Bermuda House of Assembly the police and/or correction has to be involved and the Attorney General has to come up with ways to protect the innocent and the just. So, Mr. Speaker, what we need to do is understand that it is everybody’s responsibility. The Member who just spoke . . . actually, we are very much on the same page, Mr. Speaker. We have to recognise what creates the environment that we're in. And no number on the spectrum that I speak of can be too heavy. We must put everything in its proper place. Mr. Speaker, I got up this morning and I was told before the sun came up that there had been another murder. Just when the sun came up, I found myself on the doorstep of another family, Mr. Speaker. The Attorney General had mentioned that there have been 186 gun incidences in these last 10 years. Yes. But let’s put it in real terms. One hundred and eighty six gun incidences really equate to 186 attempted murders. There have been 71 murders, Mr. Speaker in the last 20 years; 186 incidences over the last 10 or 11 years. Mr. Speaker, these are people shooting against people. And for 99.9 per cent it is young Bl ack men shooting at young Black men. There has got to be a reason for that, Mr. Speaker. There has got to be a reason and we have to address it. We have to address the economic situation, Mr. Speaker. We have to address the academic situa-tion because when we talk numbers, Mr. Speaker, statistically Black to White, Blacks are about 60 per cent of the population of Bermuda. But it's 99.9 per cent of those who have been murdered. And 99.9 [per cent] of those who have been convicted of the murders are also Black. The vast majority of those that are in Westgate are young Black men. So, we have got to ask ourselves What is different between our young Black men and our young W hite [men] and other nationalit ies? What is the difference between our young B lack men and them? And we cannot keep going right to the end of the spectrum where we expect the police to police us out of this issue. We have to dig deep, we have to look into our community. We have to look into what we are doing academically. Why is it that our y oung Black men are failing at such alarming rates? Why is it that so many of us, of them —of us . . . I shouldn’t say them because they are a part of me. They look like me, look like my own sons, you know. So, it's not “us” and “them.” It's just us , period. What makes a lot of us go to the street, to the underworld, to the underbelly to try to put food on the table? What is happening or not happening that makes a lot of us feel that mainstream Bermuda is not for them? This is not a time of excuse. This is not a time of finger -pointing. It's just a time of reflection that we as a community —when I say community, Front Street and Court Street, Middletown, Tucker’s Town, nobody gets away. If we are going to save Bermuda and save our young men, we cannot afford to [allow] what ha ppened this evening or allow what happened this mor ning to become normal, Mr. Speaker. We cannot allow this to become the new normal. So whatever we do . . . again, my hat goes off to the Attorney General and what she is doing. What-ever initiative that we as a community do, we put them all together so that we can save the whole, Mr. Speaker, and we have to constantly, continually do that. We have to constantly challenge each other, not in a confrontational way, but in a way of What are yo u doing? What can you do? Not everybody does the heavy lifting, Mr. Speaker. And some of us expect the police to do all the heavy lifting. But a lot of the lifting starts in our homes. It starts in our home, Mr. Speaker, from the time a child is born and we take him and we get him christened, and we have all these plans for him. What happens between christening day or baptismal day (depending on the religion that one is in) to about [age] 14 and 15 when he leaves home? And more and more females are leaving home at [age] 14 or 15 feeling that there is nothing in society for them. What has happened? Or what is not happe ning? We have got to look at all of that. And what this Government is doing, Mr. Speaker ––and I know, and I feel honestly it is going to go a long way in addressing the problem ––the Government, under the Premier’s direction, has put together an inter -ministry task team because we recognise that there are various elements that we have to address if we were going to get rid of this cancer, get ri d of this scourge. So with this inter -ministry task team we are going to come up with a strategy under the direction of the Ministry of National Security. We will come up with a strategy of how we can address this here in the i mmediate, in the short term, in the medium term and in the long term. But there is a connectivity between all those realities. We know that we have to address cer-tain things now. But there are some other things, Mr. Speaker, that have to be addressed so that we will not keep visiting and revisiting where we are. We understand the haves and the have- nots. We understand Two Bermudas. We have been talking about Two Bermudas since time immemorial. But we cannot use that term loosely because one Bermuda is killing each other. You know, we have to let that sink in. One Bermuda is killing each other. Those are our young Black men. And believe me, when you talk to them by themselves, Mr. Speaker, they have got the same goals and aspirations that we do. They want better for themselves. They want better for their fam ilies. What is it that has got to go beyond these walls, Mr. Speaker? As politicians we get up on our feet and we say what we think our constituents want us to say. But it's time for all of us to roll up our sleeves, Mr. Speaker, go into our hoods, go into our constituencies and find out what it is that you can do, as small or as
Bermu da House of Assembly big as it may be. But everybody has to roll their sleeves up, Mr. Speaker. We have reached a critical point. Actually, we have passed the critical point. Wi th what happened earlier this morning it is becoming more and more ev ident that boundaries have been crossed. Recently restaurants have been invaded and people shot at. Some people have been killed. It is really becoming a time for us to say, Okay, no one is immune . So, hats off to the Attorney General for bringing this because we need to definitely protect those who do not have the courage or ability to protect themselves. That is our role. So hats off to the Attorney General, Mr. Speaker. And with those w ords, I thank you.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time?
Mr. Wayne CainesThank you, Mr. Speaker. I echo the sentiments of the Minister of N ational Security who just spoke, and previously before him, MP Jamahl Simmons. Like both MPs, it was a shock and a horror to learn this morning of another gun-related i ncident which has led to the death …
Thank you, Mr. Speaker. I echo the sentiments of the Minister of N ational Security who just spoke, and previously before him, MP Jamahl Simmons. Like both MPs, it was a shock and a horror to learn this morning of another gun-related i ncident which has led to the death of a Bermudian man. Mr. Speaker, that has become an all -toofamiliar refrain for our community. So much so, that the outrage, the challenge . . . it scared everyone b eing upset and it doesn’t even seem to affect our community like it did two or three years ago. My heart goes out to the family. As they learned later during the day the ident ity of the young man, I immediately remembered the name. I know the name, Mr. Speaker. He was a member of Redemption Farm. This was one of the young men who came to Parliament and that we were excited about. This was one of the men that came and stood in front of the Cabinet and shared with the Ca binet how his life was being changed through Redem ption Farm. I thought about all of the of counselling that he received at Redemption Farm, the training, the energy and the time that Pastor Bean and the team put in. And I reflected on that initiative and, as a result of COVID -19, it just not making it through that period of time and just thinking about what we could have done differently. How could we have saved this young man? My heart is heavy. This is a young man that we saw making changes and strides. We saw his beautiful talents. As a young man he was talented in the arts. And my heart . . . I know Pastor Bean’s heart is heavy at the loss of this young man. I know his family really well. We grew up in the same neighbourhood where gang- related violence is touching so many people in so many different ways. We now see the generations of the last 12 to 15 years, the young men who have lost their lives. Their sons are now coming of age and they are 18, 19 years of age. There is something that was brought to our attention, and it was called multigenerational, nonaddressed trauma. Multigenerational, non -addressed trauma. If we don't deal with the ills, if we don't fill the voids, if you don't get counselling, if you don't break the cycle, if we don’t get the helping agencies in, this will just go from generation to generation. And so we, as a part y, cannot speak like those with no hope. We have to have a plan for it. And the Bill that we see before us, that has been placed by the Attorney General, is a way where the Gover nment, where the police, where the authorities have more teeth, where people c an be, by the legislation we put in place, be protected, where people can be held accountable. And this is strong. And it is needed legislation as one of the arrows in our quiver. We know that we are not going to legislate our way out of this. We know that we are not going to police our way out of it. This is something that is going to have to have the community’s involvement, the way we raise our young men, the way that we have role models in our community, the way we have opportunities. We must have opportunities for the young men. We must have the opportunity for them to get mental health treatment to deal with the trauma of the past. But the policing elements have to be there. This is something that, as the Minister said, i s affecting all of our communi ties and we have to take it seriously. But guess what? It is [not] time for lip service. These are our sons. It is somebody's godson who is out there. Somebody knows. Somebody un-derstands what is going on. And we have to roll up our sleeves. It is time for us to hold ourselves account able, not just Pastor Bean. And somebody said they know what Pastor Bean is doing. Guess what? I know what Pastor Bean is doing. I've been in the hills with him. I've been in the dales with him. I know tha t he and his team, Pastor Lynn Landy and the rest of the team. (My other young brother’s name who works there, his name escapes me. It will come back to me, right?) This team is wor king hard day and night in the community. They cannot do it on their own. We have more churches per capita than an ywhere on the planet. We have Mosques in Bermuda. When will we as a community see and understand that the Government will do its part? Yes, the Go vernment is doing its part. The police have to do their part. Yes, we need to step up polic ing in key areas. Yes. But this is a problem that is not going away. 1526 1 July 2022 Official Hansard Report
Bermuda House of Assembly When I was the Minister of National Security we used to meet with the mothers of the men who were incarcerated. And that was a number of women who were sharing their stories. I met up at Westgate with the young men who were incarcerated. An i ncreasing and growing population. We have to under-stand that as a country we are going to have to deal with the men who are incarcerated. They will get out. And they have to be given the support through anger management. They have to be given the support through finding a career. So they cannot just sit and wallow at Westgate. They have to be given the opportunity to find a vocation, to find a career, to be able to get education while they are there so they can come back onto the street. We have to continue to go into the middle schools, where our young men are most vulnerable, and into our primary schools and ensure that they have alternate training programmes so they can deal with the challenges, where they can understand how to resolve problems, where they can work through difficult issues. We have to give vocational training and make sure that these young men have the opportunity to get jobs. If young men are in a difficult position, we have to continue working with the Minister of National Security so that they can leave the Island and get the help and support that they need. This Bill is really i mportant. But it is a part of what we need to do as a country. Our sporting clubs, right? Graduation ti me. We see graduations in our sporting clubs, young men who play football and cricket and other sports. We have to make our young men each be mentored by somebody in our community. Dr. Jawanza Kunjufu talks about “Fourth Grade Syndrome,” Mr. Speaker. He s ays that you can have a young Black man. But when he is in fourth grade he starts to focus on outside influences that are more significant to him. And Dr. Jawanza Kunjufu says at fourth grade is where we start losing our young men. And so that is our primary five. That's where we start losing our young men. We have to u nderstand socially what is happening in our community and rally the politicians, the churches and the sports clubs. We have said this thing over and over and over. And it has almost become li ke, as it is, lip service. Like the minister going to the hospital, we as a country have to see that this must be dealt with. If this were anywhere else, there would have been . . . a public health emergency would have been declared. An ywhere else on the p lanet a public health emergency would have been declared. At the time of King Herod, what did they say? They wanted to, in the time of King Herod, keep the Jewish faith from taking off and Jews from [taking] over. So what did the king say? He did not want a specific king. He said that every young man under the age of 12 had to be killed —a decree by King Herod. That's why Jesus was smuggled and his parents took him into the stable because there was a threat on his life, as it was for all Jewish men. This is what it is sim ilar in our day when you talk to mothers. My son ca nnot come home for the summer . My son . Where is your son? Oh, he cannot come home during the su mmer. Why? Because they do not feel that his own country is a place where he can rest his head, where he can come and make money during the summer, where he can be with his family. He is in exile. Our young men are not coming home for the summer. Where is your son? Oh, he ’s in Canada with his cousin for the summer. Why? Because it is too dang erous for my son to come home for the summer. Do you know how many times I have heard this in the last six weeks, where young Bermudian men are in exile and cannot come home and live and be in their own country? There are young men saying that they cannot go into Hamilton. They have no gang affiliation. They are not in that world. They don't feel comfortable being at Harbour Nights. Is this the country that we live in, where young men don't feel co mfortable? No gang affiliation, no bad . . . just a young 12-year-old or 13- year-old man who does not feel comfortable in their own country going to Harbour Nights. And we are comfortable living in a country like this? It is unacceptable. And we as a people, Black, White, PLP, OBA, have to rise against this. Yes, the legislation is important. But we have to make our young people feel important. We have to make it so that our young people are being held accountable. Our sporting clubs, again, Mr. Speaker. This is getting to a point where we must rise. Another famil y is bawling because of the loss of a son. And what will we do? We will continue to say, Oh, this is what we're doing legislatively . No. Our country, our people tonight have to understand that we have to do things differently. What does that mean? We have to get to the epicentre of this crisis. And that is going to take work. That is going to take us rolling up our sleeves. We have got the [INAUDIBLE]. We've got the different things in our community and we still have these problems. We have to get back around the table. The Minister of National Security —and I say this publicly where he can listen —has my full support. I was the Minister. I worked hard in that Ministry, as did Minister Renee Ming. We have the opportunity to continue to work together. I will c ontinue to work with the Minister and the Government and anyone who will listen b ecause this is something that we have to do together. I am committed to my community. Mr. Speaker, I live in constituency 14. And there was an area at the bottom of the hill, Mr. SpeakBermu da House of Assembly er, and the area was overgrown and people were scared because the guys were coming through this particular area and they were shooting . . . two, three deaths in this area and about three attempted. Do you know what the community did? Everybody c ame t ogether. You saw the pictures, Mr. Speaker. Everybody came to the back and we got, with the help of Wilmot Trucking, with the help of ATL [Ascendent Technol ogies Ltd.] we cleared the area. Everybody in the neighbourhood came down, everybody from their houses came out. The older ladies cooked food, they made drinks. I drove down there. We had to put speed bumps to prevent people coming in and out with quick egress. But guess what, Mr. Speaker? I went down there last week, Sunday, right? Guess what I saw , Mr. Speaker. There was a neighbourhood garden. I watched when people were now getting the harvest. So what happened was this neighbourhood was beset by gang activity, by violence. They did not simply ask, What will the Government do? The Go vernment had to put up speed bumps. The police department had to put up more cameras. Of course, they have to do their part. The police were now in court and start policing on a regular basis. But guess what happened? That neighbourhood had to come out t ogether. Everyb ody came out. We formed a WhatsApp group. We had to cut the trees and plant the earth. Now they are harvesting it together. The neighbourhood is policing each other. This community was tired. But they did not just depend on the police or the Government. T hey decided that the young men . . . and guess what? When we went to the bottom of the hill, Mr. Speaker, we knew the antisocial behaviour that was taking place. But guess what? I had a cousin there. Ever ybody's family members were there. When my mother first came to Bermuda she lived on One Way Deepdale. So this is not something that I can come and act as if I'm embedded. That is my community. Those are my cousins. That was my neighbourhood where I grew up. Guess what we were compelled to do? [We were com pelled to] show them how their actions were affecting this neighbourhood. These men didn't leave angry. They realised that they wanted to do something different. That's what the next conversation was, Mr. Speaker. Mr. Caines , I want to get a job. Mr. Cai nes, I don’t want to do this. And so not only were we able . . . and the police were there. The police put up the cameras. Mini ster Colonel Burch arranged for the speed bumps to be put up. What caused the change in the neighbourhood? The neighbourhood changed because the neighbours realised that policing was a part of that, that the legislation was a part of it. But we together had to make a change. We had to work together to build a garden. And that's what it is going to take. One Way Deepdale can be an example to the rest of the community , that we can heal together, that we can work together. Mr. Speaker, this is an epic problem that we have. And together we can do it. But we have to be so annoyed by it. We have to see it as a public health emergency. Thank you to the Attorney General for bringing this legislation. Thank you to the Government for continuing to work on this problem. But we cannot rest. The woods are cold; they are dark and deep. Places to go; promises to keep. Many miles to go be-fore we c an sleep. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Richardson, Opposition Whip. You have the floor.
Mr. Jarion RichardsonThank you, Mr. Speaker. Mr. Speaker, what can I say that has not already been said, and hasn't already been said by so many of us in Bermuda over the last 20 years? At this point, Mr. Speaker, I can start by saying that my proudest years were spent in …
Thank you, Mr. Speaker. Mr. Speaker, what can I say that has not already been said, and hasn't already been said by so many of us in Bermuda over the last 20 years? At this point, Mr. Speaker, I can start by saying that my proudest years were spent in . . . my proudest years as an adult in Bermuda spent were in uniform in the Bermuda Police Service. I still have plenty of friends and colleagues who are still involved in ensuring the safety of Bermuda and Be rmudians on a day -to-day basis. And what I want to do is speak to the exper ience, not as someone who was in the more enforc ement -orientated units, because I think enough people can relate to that or speak to that. But what I would want to say is that as a member of a team, a very small team that was then called the Community Beat Office, the successor to the Parish Constables, and the new unit is called the Community Action Team. I'll speak from that perspective because from that perspective we learned a lot. You see, Mr. Speaker, I agree with the prev ious speakers that this isn't a problem you can police your way out of. The police have a role in preventing and detecting crime. They have a role in bringing crimes to the attention of the Director of Public Prosecutions, and so forth, and it is part of the criminal justice system. But when you are moving about in these communities, not from the perspective of enforc ement, but rather from the perspective of quality of life, enhancing life, preventing crime, yo u start to see some things, Mr. Speaker. The previous speaker mentioned antisocial behaviour. One of the things I bring to everyone’s attention is . . . and previously we spoke to this, actually. Antisocial behaviour is the tip of the iceberg, Mr. Speaker . So when we see that it is indicative of som e1528 1 July 2022 Official Hansard Report
Bermuda House of Assembly thing else, Mr. Speaker. This legislation is going to go a long way to getting at the root of the problem. You see, Mr. Speaker, like the deeper end of the iceberg, like the concealed part of an iceberg, it is not the part that you can see that is the problem. It is the part that you cannot see. And in Bermuda there are lots of parts of gangs that we do not see on a day -to-day b asis. Right? And this legislation goes to that. You know, it is not just the criminal act. It is all the activity that goes with it. The Americans have a word right now they're pushing around. I can't quite remember it. I want to say it's grooming or something like that. It is the fact that, as the previous speaker said, people’s lives st art changing and being infl uenced at a very young age. Long before they get into high school. We start seeing changes in people based on a lot of things, not the least of which is their surroundings. So you really have to disrupt gang activity at that poi nt. We have to make sure that our communities are safe, not just from the physical act of criminal ity, not from the violence of it, but the risk of it, the subtle, nefarious influence of it. It pushes into communities and it maintains a presence. It has li ke a hear tbeat and it infects everything. So everything becomes harder in those communities. All of a sudden getting to work is harder. Coming home is harder. Knowing where your kids are is harder. Everything becomes harder. And then it kind of spreads int o education, and so now it is in the school and that’s harder. So the teachers’ jobs are harder. The inability to manage anger, behavioural aspects arise, which means that anyone who is working with that child there . . . it b ecomes harder to do that. Mr. Speaker, I do think that we have not appropriately addressed gangs as a pervasive singular problem. Don’t get me wrong, there are plenty of contributing factors. But I think the previous speaker spoke to the epicentre of the matter. Mr. Speaker, I have worked with more than a few families in that very proud time I was a member of the Bermuda Police Service. And it always broke my heart to leave the house, because the people who got hurt first and the most and the worst, were not the actual people who were doing the crimes. It was like the siblings and the grandparents and the kids. They were the ones who got hurt first. They were the ones who couldn't pr epare for school. I will never forget. We had a policing event, and I was part of an evidence collection team. I remember watching a member of that family get dressed in his school uniform and go to school. Mr. Speaker, policing events are loud and chaotic and shocking. [INAUDIBLE ]
The SpeakerThe SpeakerMP, just one moment. You were coming in nice and clear and now w e are getting a little distortion. I don’t know if you adjusted something that time. But you were clearer initially.
Mr. Jarion RichardsonI was probably talking over to the side. Can you hear me now, Mr. Speaker? I can speak up.
Mr. Jarion RichardsonThis kid went off to school. And I can only imagine that this was not the best school day that this student had ever had. I can only imagine what they carried with them. So, Mr. Speaker, this legislation is part of a lot of things that we have to …
This kid went off to school. And I can only imagine that this was not the best school day that this student had ever had. I can only imagine what they carried with them. So, Mr. Speaker, this legislation is part of a lot of things that we have to do. I am happy to hear Members of this Honourable House recognise the problems that we face. I am happy to hear that we are all, evidently, pointing in the same direction. And we may disagree about the things we need to do and in what order we need to do them, but at least we are finally all pointing in the exact same direction. Mr. Speaker, when I speak to my constituents, especially someone who may be associated with this criminal lifestyle, I always ask the question, Are gangs endemic to Bermuda? Have we turned the corner to where gangs are so pervasive, and so central, they are just everywhere and, therefore, it is not a question of reducing their impact? It is just a question of managing how much they impact our society, our neighbourhoods, our families. And if the answer to that question, Mr. Speaker, is yes, the gang are endemic, then I think we have passed the point of no return. They cannot . . . I am trying to say this without making it offensive, because, again, there are lots of contributing factors. There is a lot happening. This is a complex problem and there are plenty of people ge tting hurt. But if we give up the hope that Bermuda can have peaceful communities throughout the whole I sland, if we give that hope u p, then I am not sure what we are doing here. I am not sure how much legislation is . . . you know, we can't manage certain things, Mr. Speaker. You know, you don't manage cancer. This problem that we face is not unique to Bermuda. But the solutions must be. And to that end I will always, every time this topic comes up, every time I hear of or I see a violent crime I will always reme mber seeing that young child go to school after that si gnificant event. And I know that we did some good that day. But did we do anything [ INAUDIBLE] with our efforts making people's lives better? Because that child left that place and they had experienced som ething that was unfortunate, unfair and unnecessary. I can only hope that we as Bermudians will start to side with that k id instead of our own interests. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Opposition Whip. Does any other Member wish to make a contribution at this time? Anyone? No? Minister. Bermu da House of Assembly Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. Mr. Speaker, I sincerely appreciate the contr ibutions of Members. It is clear that we are all on …
Thank you, Opposition Whip. Does any other Member wish to make a contribution at this time? Anyone? No? Minister.
Bermu da House of Assembly Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. Mr. Speaker, I sincerely appreciate the contr ibutions of Members. It is clear that we are all on the same page, and we share the sentiments and con-cerns of all Members, including members of the co mmunity. But one thing that I find absent in today’s conversation is the acknowledgement that beyond the gang relationship there are actually individuals. And we tend to use the plural when we speak of this issue, this problem, this phenomenon. But a gang is made up of individuals. And those individual young men, young women, adults, men and women, whatever they are, whoever they may be, they have their own story. And when we tend to lump them as a category and we try to address them as a category as opposed to removing all the layers of what we perceive this issue to be, and we fail to devise causes and strat egies that deal with the individual on the front end as opposed to once they become incarcerated and the recipients of services, we actually fail. And we also fail when we sit here and talk about what the Government should do. And this was mentioned earlier. You know, this is not a Government problem. This is not an Opposition problem. And I think our language needs to change so that we make it an issue that we, as residents of this Island, need to address together. And oft en when we sit here and we make legislation, it's an outward facing exercise. And we have to ask ourselves, what are we actually doing to engage these people as individuals? Because when you look at yourself honestly, and you look at the efforts that you m ay or may not have made, I am sure all of us would say that we could do more. So the convers ations that need to be had are beyond just this legisl ative initiative today, because this, along with the other slew of Government initiatives, will go some way to deter some, but certainly will not change the dial on this issue. So I encourage Members today, and the si ncerity is here amongst all of us, to determine how we can individually spearhead outreach and a greater consciousness in the community, because we can't have legislation like the Justice Protection Act, which aims to provide protection for persons who are willing to assist in the prosecution process, without people feeling the support that is necessary from a community to step forward. So I challenge each and every one of us today to step outside of our comfort zones, to step outside of the box of words and, you know, legi slation that we specialise in in this construct, and to do more and to encourage others to do more individually to help these indiv iduals. And with that, Mr. Speaker, I move that the Bill be committed. Thank you.
The SpeakerThe SpeakerThank you Attorney General. Any objections? There are none. Deputy Speaker. House in Committee at 5:01 pm [Hon. Derrick V. Burgess, Sr., Chairman] COM MITTEE ON BILL CRIMINAL CODE AMENDMENT ACT 2022
The ChairmanChairmanThank you, Mr. Speaker. Honourable Members, we are now in Commi ttee of the whole House for further consideration of the Bill entitled the Criminal Code Amendment Act 2022 . Our Attorney General, Minister Kathy Si mmons, you have the floor. Hon. Kathy Lynn Simmons: Thank you Mr. Chai rman. …
Thank you, Mr. Speaker. Honourable Members, we are now in Commi ttee of the whole House for further consideration of the Bill entitled the Criminal Code Amendment Act 2022 . Our Attorney General, Minister Kathy Si mmons, you have the floor.
Hon. Kathy Lynn Simmons: Thank you Mr. Chai rman. Since it is a very short Bill, I move clauses 1, 2, and 3.
The ChairmanChairmanContinue. Hon. Kathy Lynn Simmons: Thank you. Clause 1 provides the citation of the Bill. Clause 2 repeals section 4 of the Criminal Code Amendment Act 2012 [the “2012 Amendment Act”]. The effect of repealing section 4 (the so- called “sunset clause”), is to remove the power of the Mini …
Continue. Hon. Kathy Lynn Simmons: Thank you. Clause 1 provides the citation of the Bill. Clause 2 repeals section 4 of the Criminal Code Amendment Act 2012 [the “2012 Amendment Act”]. The effect of repealing section 4 (the so- called “sunset clause”), is to remove the power of the Mini ster responsible for justice to issue notices extending the duration of sections 33A, 70JA and 70JB of the Criminal Code Act [1907], which relate to the interpr etation of the terms “unlawful gang” and “unlawful gang activity,” sentencing for an offence which wholly or partly falls within the definition unlawful gang activity and the power of the court to increase penalty by adding an additional element as determined by the court. Those sections as inserted by the 2012 Amendment Act were expressed to continue in oper ation only until 31 December 2015, unless extended beyond that date. Since 2012 those sections have been extended three times. As a consequence of the repeal that we are considering today, sections 33A, 70JA and 70JB become permanent provisions within the Criminal Code [Act 1907]. Clause 3 revokes the Criminal Code (Extended Duration of Sections 33A, 70JA and 70JB) Notice 2021, which provides for sections 33A, 70JA and 70JB of the Criminal Code to conti nue in effect until 31 December 2022. The power to make the Extended Duration Notices falls away on the repeal of section 4 of the 2012 Amendment Act by clause 2, but the 2021 Notice is being revoked for the avoidance of doubt.
The ChairmanChairmanThank you, Mi nister Attorney General. Are there any further speakers? 1530 1 July 2022 Official Hansard Report Bermuda House of Assembly Ms. Susan E. Jackson: Mr. Chairman, I have a question.
The ChairmanChairmanYes. Can you come closer, because I have difficulty hearing you.
Ms. Susan E. JacksonThank you. Yes, my question is . . . I am just curious whether these par ticular sections of the Criminal Code in any way address any kind of juvenile. And I don't mean to use the word “delinquency” in a bad way, but certainly I would suspect that there …
Thank you. Yes, my question is . . . I am just curious whether these par ticular sections of the Criminal Code in any way address any kind of juvenile. And I don't mean to use the word “delinquency” in a bad way, but certainly I would suspect that there is evidence of j uveniles who may be captains and gang leaders within their particular territory that are under the age, and whether the Criminal Code addresses that. And I am also curious about the parental r esponsibility and the fact that there are parents that are out there that would condone—
The ChairmanChairmanMember, you have t o speak to the clauses because I am reading these clauses here and none of that . . . none of that is in here. I am not sa ying they are not important, but they are not in here. You need to, you know, speak …
Member, you have t o speak to the clauses because I am reading these clauses here and none of that . . . none of that is in here. I am not sa ying they are not important, but they are not in here. You need to, you know, speak to clause 1 or clause 2, or clause 3. You need to cite it and then speak to that.
Ms. Susan E. JacksonWell, it seems to be the general language of all three of those clauses.
The ChairmanChairmanYes, but I don't see it. I don’t see it there. You know, you can't fish in Committee. You have to be specific. And I am not trying to stop you at all. I am just trying to go by the rules. Ms. Susan E. Jackson: All right, Mr. Chairman. …
The ChairmanChairmanAny further comments on clauses 1, 2, or 3? There appear to be none. Minister. Hon. Kathy Lynn Simmons: Thank you, and thank you for the question from the Member. The answer is yes. It addresses juvenile offender s.
Ms. Susan E. JacksonThank you. Hon. Kathy Lynn Simmons: And if there are no further questions, I move that the preamble be approved.
The ChairmanChairmanDo the clauses first. Hon. Kathy Lynn Simmons: I'm sorry. I move that clauses 1 through 3 be approved.
The ChairmanChairmanIt has been moved that clauses 1, 2 and 3 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 3 passed.] Hon. Kathy Lynn Simmons: Thank you. I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. The preamble is approved. Hon. Kathy Lynn Simmons: 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. The Bill will be reported to the House as printed. Thank you, Attorney General Minister Si mmons. Mr. Speaker. [Motion carried: The Criminal Code Amendment …
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. Thank you, Attorney General Minister Si mmons. Mr. Speaker. [Motion carried: The Criminal Code Amendment Act 2022 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 5:07 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair ]
B ermuda House of Assembly REPORT OF COMMITTEE CRIMINAL CODE AMENDMENT ACT 2022
The SpeakerThe SpeakerThank you, Deputy Speaker. Members, are there any objections to the Criminal Code Amendment Act 2022 being reported to the House as printed? There are none. That brings that matter to a close for this moment, and we'll now move on to the next item on the Order Paper which …
Thank you, Deputy Speaker. Members, are there any objections to the Criminal Code Amendment Act 2022 being reported to the House as printed? There are none. That brings that matter to a close for this moment, and we'll now move on to the next item on the Order Paper which is the Equality Act 2022 in the name of the Shadow Minister for Legal Affairs and Constitutional Reform. Opposition spokesperson, MP Pearman, would you like to present your matter? Mr . Scott Pearman: Thank you, Mr. Speaker. Can you hear me?
The SpeakerThe SpeakerLoud and clear. Mr . Scott Pearman: Great. Pursuant to Standing Order 24, I move that the Bill now under the consideration of the House be amended, pursuant to the amendment in writing, de-livered to the Clerk to remove any reference in clause 2 to the Bermuda Constitution.
The SpeakerThe SpeakerYou can note that you are going to make the amendment at that time and we will actually make the amendment when we get into Committee. Mr . Scott Pearman: Yes, sir.
The SpeakerThe SpeakerOkay. So it has been duly noted that when we get to the Committee stage, there is an amendment that the Member would like to bring to address one of the clauses. Mr . Scott Pearman: Thank you, Mr. Speaker. I move that the Bill entitled the Equality Act 2022 …
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Shadow Minister. OPPOSITION BILL SECOND READING EQUALITY ACT 2022 Mr . Scott Pearman: Thank you, Mr. Speaker. Mr. Speaker, as I hinted at the beginning, there will be an amendment to the Equality Act that is currently on the SharePoint and on …
Are there any objections? There are none. Continue, Shadow Minister. OPPOSITION BILL SECOND READING EQUALITY ACT 2022 Mr . Scott Pearman: Thank you, Mr. Speaker. Mr. Speaker, as I hinted at the beginning, there will be an amendment to the Equality Act that is currently on the SharePoint and on the Parliamentary website. And I just want to quickly touch on what that is before I introduce the Bill. I will move the amend-ment formally, as you say, in Committee. This Bill faced some impediments along the way. It was tabled originally on 10 December, some seven months ago. It was raised with us today that there was a concern that the reference in the Bill to the Bermuda Constitution could raise some constitu-tionality problems with the Bill. And in order to avoid that debate, we are striking the reference to the Con-stitution by way of amendment. Putting that now firmly to one side, let me, with your leave, Mr. Speaker, introduce t he Bill. Mr. Speaker, Bermuda’s social fabric is badly damaged. It is damaged by a residual and continuing disharmony in our community. A disharmony caused by a legacy of historical inequalities. A disharmony caused by a continuing social landscape, but s till today remains unequal in many respects. Mr. Speaker, when those of us in this Honourable House sought to be elected to Parliament, I am confident that many of us, if not each and every one of us, sought to serve the people because we hoped to make Bermuda a better place to live. We hoped to improve the world we live in. We hoped to improve the community we live in. We wanted to strive to do our bit to seek ways to solve the many problems that Bermudians face. Mr. Speaker, it has been said before, but I will repeat it. We are a small Island, but we continue to have big problems. Problems which, if left untouched, are very unlikely to solve themselves. So here we are in this Honourable House with a chance to do our bit for our Island home, with a chance to make Bermuda a better place, even if only little by little. There is no monopoly on solutions. No one has all the answers. This Bill today is a small step towards a better Bermuda, yet it is —
The SpeakerThe SpeakerMP Pearman, just one second. I think you may be suffering from the same thing that the Opposition Whip was. If you are looking up at us, you are clear. When you sort of turn from us, we get a little distortion.
Mr. Scott PearmanI will try and sit up and address straight up. Is that better, Mr. Speaker?
The SpeakerThe SpeakerYes, much better. Mr . Scott Pearman: Excellent. I am afraid that we in the Opposition have a limited budget on these things. But here we are. As I said, Mr. Speaker, in case I wasn’t heard, this Bill today is but a small step towards a better Bermuda. Yet …
Yes, much better. Mr . Scott Pearman: Excellent. I am afraid that we in the Opposition have a limited budget on these things. But here we are. As I said, Mr. Speaker, in case I wasn’t heard, this Bill today is but a small step towards a better Bermuda. Yet it is a step that we on this side of the aisle very much hope all of us in this Chamber may be willing to take together. Mr. Speaker, we have more in common than that which divides us. And we must do what we can to 1532 1 July 2022 Official Hansard Report B ermuda House of Assembly escape the vicious circle of division for the sake of division. Division leaves us with a fractured community. Division tears at our social fabric. Mr. Speaker, this Bill seeks to reaffirm the importance of equality in our community. It seeks to combat discrimination. The Bill is in four parts. First ly, it seeks to combat discrimination through the law. Secondly, it seeks to combat di scrimination through increased financial penalties. Thirdly, it seeks to combat discrimination through ed-ucation and advocacy. And fourth, and finally, it seeks to combat discrimination through positive example. The first part of the Bill provides for a pr esumption of equality. This means that our laws concerning race, sex or other protected grounds will be presumed to be intended wherever possible to achieve the promotion of equality. This is an important goal and one which deserves our continued efforts. And, Mr. Speaker, never let it be said that these ef-forts are not needed. Just last month, or indeed the month before, in our largest neighbour to the west, the World C hampion National Women's Soccer Team was denied their claim for equal pay with their male counterparts. That was a preliminary decision, and the team has vowed to continue their efforts to fight for the causes of equa lity. The point is this: Even in 2022 there are co ntinuing issues that courts of law have to wrestle with. And this Bill seeks to give our Bermuda courts the interpretive tool to help promote the causes of human rights in Bermuda. The second element of four, Mr. Speaker, is increased remedies and penalties for discrimination. Mr. Speaker, the second part of this Bill seeks to i ncrease the remedies and penalties for discrimination. There needs to be greater teeth to our legal sanctions. People are going to be encouraged to change their approach to discrimination in the workplace. The remedies and penalties are in three tiers, increasing— Hon. Kathy Lynn Simmons: Mr. Speaker.
The SpeakerThe SpeakerYes. Whenever you address back at me it stays clear. But just do whatever you need to do to stay at that angle. Mr. Scott Pearman: I will hold up this note, and I will back a few sentences just to make sure that the part wasn't missed.
The SpeakerThe SpeakerYes because the Attorney Gen eral missed the last few comments that you made. [Inaudible interjection]
Mr. Scott PearmanYes, okay. Mr. Speaker, t he Oppositio n Leader has kindly ask ed m e to use his microphone. An d I'll just move to that microphone.
The SpeakerThe SpeakerYes. We will give you a couple of minutes just to switch your location.
The SpeakerThe SpeakerThat's perfect. That's perfect.
Mr. Scott PearmanExcellent. Well, let me continue then. I will just back up a touch to the second part of the four parts of the Bill to which I was addressing. And that was increased remedies and penalties for discrimination. Mr. Speaker, the second part of this Bill seeks to increase the …
Excellent. Well, let me continue then. I will just back up a touch to the second part of the four parts of the Bill to which I was addressing. And that was increased remedies and penalties for discrimination. Mr. Speaker, the second part of this Bill seeks to increase the remedies and penalties for discrimina-tion. There needs to be greater teeth to our legal sanctions if people are to be encouraged to change their approach to discrimination in the workplace. The remedies and penalties are in three tiers increasing based on the size of the relevant employer. The Bill would also allow the court or relevant tribunal to refer any particular complaint to the Equality Council of the Human Rights Commission so that the spotlight can be shown on the bad behaviour. Mr. Speaker, the third part of this Bill esta blishes an equality council at the Human Rights Commission who shall be empowered to promote equality, opportunity, and equal pay in the workforce. This cr eates a strong and central voice in our community to advocate for this important issue. This includes adv ocating for equal opportunities for training and ad-vancement in the workforce, which are so very fun-damental to the pursuit of equality. And it includes advocating for equality in attaining managerial and influential positions in the workforce because we want a society and a community where Bermudians are at the top. Most people spend more hours of our day at work than doing anything else. And it is vital that our Bermudian workplaces promote equality of opportuni-ty for all. Fourth, and finally, Mr. Speaker, the last part of the Bill seeks so far as is reasonably practicable to achieve equality of representation on boards by race and sex in accordance pro rata with Bermuda’s pop ulation. This goal is aspirational rather than mandatory. And I just repeat that. It is aspirational rat her than
Bermu da House of Assembly mandatory, and shall be achieved by empowering the Equality Council to question and make public the re asons given for those appointing the relevant boards if they fail to achieve the goal. Mr. Speaker, in 2022, why can't our gover nment boards hav e equal representation by race and gender? If there is a reason why this cannot be so then why shouldn't the person responsible for such appointment explain the shortcoming? Mr. Speaker, as I said earlier, we have more in common than that which divides us. We are a community of many parts yet we are one community ultimately. And the more often that we recognise and embrace that reality, the better we will and can become. All of us. Mr. Speaker, Opposition Bills are a rare thing. This Bill probably doesn’t have a hope of passing unless those in the Government or on the Government Backbench are prepared to support it. We in the Opposition recognise that, yet we also recognise that we cannot achieve greater unity if we do not try, for Bermuda’s torn social fabric will not mend itself. With that in mind, I respectfully invite each and every Member of Parliament to pause and ask why we are here. Why were you seeking to be elected to Parliament? To ask ourselves whether we are pr epared to support this Bill today i n a bipartisan way for the betterment of Bermuda. Mr. Speaker, people are often surprised to hear that much of the legislation that passes through both this House and the other place does so with unanimous bipartisan support. They don't often a ppreciate t hat that's the reality of our system. I would venture to say that the vast majority of our Bermudian laws are made with the support of both sides of the aisle. Mr. Speaker, in 1932, the Great British Jurist Lord Atkin, in a case called Donoghue and Stevenson , outlined something that he called the “neighbour pri nciple.” It was the notion that all citizens must take reasonable care to avoid acts or omissions that could reasonably be foreseen as likely to injure one's neighbour. Ninety years later, in 2022, m ight we now be prepared to take that one step further to respect our neighbour as we ourselves would wish to be respec ted? To treat each other as we ourselves would wish to be treated? To recognise that equality is a funda-mental cornerstone of any communit y of neighbours? Mr. Speaker, in the spirit of bipartisanship and with respect, I commend this Bill to this Honourable House. It is a small step, but it is a good Bill. One that will enhance Bermuda’s human rights laws, one that will recognise the importance of equality as a bedrock of Bermudian value for which we all must contribute to survive. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Pearman. Does any other Member wish to make a contribution at this time? Hon. Tinee Furbert: Mr. Speaker.
The SpeakerThe SpeakerYes, Madam Attorney General? Hon. Tinee Furbert: It's Minister Tinee Furbert.
The SpeakerThe SpeakerOh, I am sorry. Minister Furbert, yes. Hon. Tinee Furbert: Thank you, Mr. Speaker. Mr. Speaker, I do want to take this opportunity to acknowle dge the Opposition for bringing the Equal ity Bill forward.
The SpeakerThe SpeakerMinister, can you increase your volume a little bit? Or just sit a little closer; just speak a little louder, that's all. Hon. Tinee Furbert: Let’s see if this makes a difference. Does this make a difference, Mr. Speaker? Hello?
The SpeakerThe SpeakerYes, it does. It’s coming clearer now. Hon. Tinee Furbert: Okay, good. I will just turn up the volume. Mr. Speaker, I do want to acknowledge the Opposition for bringing forward this Bill, and bringing forward an Equality Bill. I know that it could be very difficult and challenging bringing …
Yes, it does. It’s coming clearer now.
Hon. Tinee Furbert: Okay, good. I will just turn up the volume. Mr. Speaker, I do want to acknowledge the Opposition for bringing forward this Bill, and bringing forward an Equality Bill. I know that it could be very difficult and challenging bringing forth legislation when you don't have the technical expertise and support to assist with Bills. So anyone, not just the Opposition, but anyone, even it c ould be a Private Members’ Bill as well. So I do want to recognise them for bringing this Bill forward. I also want to speak to the fact, Mr. Speaker, that this Equality Bill in its current form does not have the support of this Government, as it still requires much work, and it has no added benefits to what ex-ists currently now in the Human Rights Act. On D ecember 10, 2021, Mr. Speaker, the Opposition did announce the tabling of this Equality Bill, and its aim was to strengthen Bermuda’s human rights law and promote equality. And anyone would know that this Government is a huge proponent of equality for our citizens, for our Bermudians. And we have demonstrated this over the past years, being in Government, making changes to the human rights legislation as well as our employment legislation. So we are not strangers to supporting equality. And we do welcome changes that would aim to strengthen equality and equity in Bermuda. Mr. Speaker, Honourable Member Scott Pearman stated, particularly when this Bill was a nnounced, that it enshrined a new presumption of equality in our existing law. Mr. Speaker, a presum ption of equality into Bermuda’s existing law? If pr esumption of equality is meant to emphasise that indi-viduals be treated equally, it is a misnomer and it is a 1534 1 July 2022 Official Hansard Report
Bermuda House of Assembly contradiction, and it is a misleading term. Mr. Speaker, as we know, the term of equality is consistently contested. It's a contested concept, Mr. Speaker. And I would say it's definitely one that is controversial, particularly of great social ideals. Mr. Speaker, while the terms equality and e quity sound very similar, as stated previously the i mplementation of one versus the other can have signif icant outcomes for different margins of our society. I want to make reference to an illustration actually of the most recent work with the UN, particularly through our stakeholder engagement meetings. There was an illustration that was used, Mr. Speaker that depicted the difference between equality versus equity. And the example was that if we took three i ndividuals who were watching a cricket match, all of varying heights using boxes to stand on to see the exciting match, equality is that all the boxes are identical. But equity is if the boxes are of different si zes to permit the individuals, regardless of their height, to actually see the cricket match. Mr. Speaker, the aspiration of the Bill is to promote equality and to promote opportunity. Opportunities that are being contemplated by this Bill are actually already encapsulated in the Human Rights Act o f 1981. Mr. Speaker, please allow me to elaborate on some of the functions and the responsibilities of the Human Rights Commission as well as the H uman Rights Act. Firstly, the Human Rights Commission takes into consideration Bermuda as a community. So an yone at any time can go and share with the Human Rights Commission anything that would help to i mprove upon enforcement, development, promotion, human rights aspirations, principles, law and policy. So I do ask, you know, a question of whether or not that was done particularly with this case of this Equal ity Bill, with the Human Rights Commission. The Human Rights Commission, as well as the Human Rights Act, Mr. Speaker, are responsible for human rights. They are responsible for promoting efficiency, Mr. S peaker, particularly with the admi nistration of the Human Rights Tribunal, which is act ually something that we had amended back in September 2021. They are also responsible for informing the Government of human rights matters inclusive of de-velopment of policies and additional human rights pr otection. And they are also responsible, Mr. Speaker, for influencing and supporting the development of Bermuda’s human rights laws and policies. And som ething that they do stress as well is their ability to act independently in accordance with the Commission’s statutory duties and to continue to strengthen, Mr. Speaker, the Commission’s ability to function with such independence. This Bill, Mr. Speaker, with all good intentions . . . I have to smile because I actually woke up this morning and someone had sent me a quote by John Maxwell, Mr. Speaker. And it states (Mr. Speaker, if you will allow me to read), “An unintentional life accepts everything and does nothing. An intentional life embraces only the things that will add to the mission of the significance.” And so, when I pondered upon this Equality Bill . . . and just as MP Scott Pearman mentioned earlier in regard to creating greater unity for equality and that we must give it a try. We must also evaluate the intent ion and the significance of the changes or what is being proposed today as the Equality Act, whether or not it is adding to the mission of the significance. If anyone did study the Human Rights Act [1981], Mr. Speaker, if they took the time to study that Act they will find, particularly in sections 14 to 14F, that it sets out for proper mentioning of equality. Mr. Speaker, it sets out certain duties of the Human Rights Commission. Those duties include, Mr. Speak-er, promoting and understanding of acceptance and compliance with this Act, the Human Rights Act, which encourages and coordinates activities that seek to forward the principle to every member within our community so that there is equal dignity and equal rights, and to encourage the understanding of the actual Human Rights Act, as well. And while some of the terms used in the Equality Bill itself specifically speak to opportunities in the workplace, the Human Rights Act has broad terms which can actually still address this equal opportunity that is being presented in the Equality Bill. The Human Rights Act, Mr. Speaker, reigns supreme for the promotion and the support of equality. Sections of this Bill, particularly that with the Equality Council, add another layer of red tape and bureaucr acies, Mr. Speaker. Although it has . . . I understand the aim with the Equality Council. But there is already a place for it within the Human Rights Commission, that being part of their duty to make sure that there is proper promotion and support for equality. Addin g another sort of council within the Human Rights Commission would be very challenging and physically i mprudent, Mr. Speaker. Although it does speak to the Equality Council not being compensated I do think that we—people who give their time and dedication to work on behalf of many of our boards and councils [should] have the opportunity to be compensated. And actually, the H uman Rights Commission, as well as the Human Rights Tribunal, as well as the Selection and Appointment Committee, Mr. Speaker, are all positions that are compensated. And so, it would be very unusual to have an Equality Council embedded into the human rights structure that would not be compensated, particularly with the composition of the members that are asked to be a part of this Equal ity Council. I want to take the time, Mr. Speaker, to speak to the composition of the boards and councils, et cetera, that Government currently has in place. Many have been around for a very long time. And anyone who is interested in being a part of a board or
Bermu da House of Assembly council can express their interest. And there is a pr ocess that I am sure the Opposition is aware of where someone can go online and express their interest to be on a particular board or a council, et cetera. They fill out that paper online. They say what their skills or qualifications are, what sort of councils or boards they would like to represent. And even persons . . . without filling out that form, the expression of interest can even go up to anyone who is responsible for appointment of members, because Ministers are not always responsible for appointments of members on boards or councils. But they can feel free to approach an yone, Mr. Speaker, in regard to their interest. And I am going to be frank, having to be in the position and any of my ot her colleagues who have been in the position of having to appoint persons to boards or councils . . . it is not always equal. Som etimes you get more women who apply. Sometimes you do not get enough men. Sometimes you do not get enough Black people or enoug h White people to be able to correct the composition or try to make it as equal as possible. But there have been instances, Mr. Speaker, and I have actually seen it in Acts, where it does spell out for more equal representation. And one that I think of, that comes to mind, is the Co- Parenting Mediation Council that is currently within the Children Act. It speaks to equal representation of male and f emale. So, there are instances where boards and councils [following guidelines] written specifically in legislation do move in that direction. But I also r emember, particular with that council, at one point persons in our community had complained in regard to the composition of that particular council when it did first come about. They complained in regard to not having enough male representation for that council. And the Minister of the day quickly moved to make that change. So, I think that it is important that it is that easy, Mr. Speaker, for our community to hold persons responsible for making appointments, making them accountable to ensure that compositions of boards and councils best fit the needs of that particular board or council. I did question, Mr. Speaker, why we were just focusing in on government boards and councils, et cetera, because this Bill onl y speaks to government boards or councils. And if we were surely wanting to represent the whole picture of Bermuda we would have the inclusion of private boards, councils, et cetera. So I was surprised to see that we were just wanting to consider government boards and councils. Mr. Speaker, the Human Rights Commission welcomes recommendations to strengthen the Human Rights Act. And I can only believe that the recommendation for this Equality Bill has come forward because of persons’ experiences as it relates to equality and equity. This Government does not oppose strengthening the current legislation that we have in place to promote better equality. What we want, Mr. Speaker, is a Bill . . . we want a good Bill, Mr. Speaker. We want a good, drafted Bill. I would like to also share with the House, Mr. Speaker, that the Human Rights Commission will be undergoing an independent review where they will be taking into consideration recommendations. Because there are some things that need to be strengthened such as age discrimination, such as different levels or different types of discrimination, even looking at family status. This Bill, Mr. Speaker, specifically speaks to employment, but there are so many other areas within the Human Rights Act that are a focus, s uch as goods and services, goods and services facilities, haras sment, accommodation, reprisal, to name a few. So, this Bill does lack substance. And I would like to wel-come or encourage the Opposition to participate in the independent review when the Human Rights Commi ssion is looking to make other changes to human rights. But the Human Rights Act is the main basis for promotion of equality in Bermuda. So, there is no need for this Equality Bill. The Human Rights Act is a good amalgamation of what we shoul d want for our country for equality and discrimination. It has the framework for protection. It has the framework for pr otection against discrimination. And our community, Mr. Speaker, has to work that piece of legislation, the Human Rights Act. I was lis tening to our colleague, MP Scott Pearman, in regard to the penalties. And that recommendation is something that can be put forth to the Human Rights Commission—greater penalties —so that we understand the seriousness of persons who are experiencing human r ights -related discrimination. Mr. Speaker, I do want to end with a particular story. Recently, Mr. Speaker, I had the opportunity to travel to the UK. And with this travel I was going on the train. And I had to purchase my train ticket online. So, I want t o make a demonstration in regard to equa lity, equity. And so, I had a smartphone, and I went online to access the train station and the ticket-ing area so I could purchase a ticket to ride the train. First of all, I had access. I had a cell phone, a smart device, to be able to access that train ticket. There are some people who do not have that. I was able to purchase the ticket with my credit card. Mr. Speaker, some people do not have a credit card or that sort of access to financing. As I purchased my tic ket, it gave me a return sort of stub on the phone so that when the person checks the ticket, you can actually show them the QR code on your phone and they know that you have paid and you have right to be on this train. But even before getting on the train, entering the train, Mr. Speaker, there was an access for just regular folks to climb on board. There was an access for bicycles. There was an access for persons with disabilities. And you were 1536 1 July 2022 Official Hansard Report
Bermuda House of Assembly to enter the correct access that was suited to you. That, Mr. Speaker, is a demonstration of equality and equity. While I was on the train, Mr. Speaker, the person who came to check whether or not I had paid and I had my ticket came by, and there was an older gentleman, an elderly man who did not have his ticket. And so, it would have been easy to just show the QR code to show that he had paid and that he was okay to be on the train. But he did not have it. He was not kicked off of the train [for not having a ticket]. He ac-tually had the opportunity, through the support of the person who was checking, to buy a ticket and use his credit card to access the ticket. It is a demonstration of access, a demonstr ation of equality and equity, how people can reach a common place if given proper support and access. And there i s no demonstration of discrimination that we think of all types of things when it comes to different abilities of different persons. And so, I encourage us as a community to use the Human Rights Act in its composition as it is today. This Bill, Mr. Speaker , is badly drafted. It is repetitious. It lacks substance, structure, process, and even interpretation. So, I encourage us, you know us in the Opposition, to actually enhance new policy enhancements, that we actually use the creative drafters of the Law so that these amendments can be relevant for the current Human Rights Act that we have in place today. So, the Government, Mr. Speaker, does not support this Bill in its current form. And it is not about the Government not working with the Opposition to make sure that we are addressing equity. What we want, which has been stated already, is a good, draf ted Bill. And, again, a lot of what is being proposed in this Equality Bill is already enshrined in the Human Rights Act. Thank you, Mr. Speaker.
The Speake r: Thank you, Minister. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerAnd just be m indful, if you have that same issue with your sound [volume], maybe you would switch. Right now, you are nice and clear. But if the problem happens, maybe you need to use the other microphone that the MP Pearman used. But so far, you are clear. …
Mr. L. Craig CannonierThank you, Mr. Speaker. I doubt I will have any issues with the microphone quite frankly. My voice is pretty heavy. I have listened to the substantive Minister. I guess I am kind of shocked at some of what is being said (lack of substance and this kind of thing). …
Thank you, Mr. Speaker. I doubt I will have any issues with the microphone quite frankly. My voice is pretty heavy. I have listened to the substantive Minister. I guess I am kind of shocked at some of what is being said (lack of substance and this kind of thing). This Bill has been available since almost seven months ago, so I am sure that the Shadow Minister was more than willing to go back and forth on any questions that might have been had. To be frank, Mr. Speaker, it was a bit painful to listen to that response because the whole point of what the Minister was saying is that this is not adding to the mission of equality. Right now, we have some major issues. And it is particularly with larger organisations and corporations in Bermuda that are getting away with, I want to say, almost murder when it comes to equality. And too many Bermudians are afraid to stand up and go against the corporations. So, we need some more teeth. And I think what this Bill in particular is doing is brin ging back to the table, to the public, saying, Listen, you have a Government and you have an Opposition that is behind you if you feel that you have been in any kind of way offended, afflicted or affected by an issue that does not bring about equality . Now, when you say that [this Bill is] not appl ying to the mission of equality when the very first point is to allow the courts the presumption of equality . . . that very first point gives the courts the teeth and the interpretive tool to use. That does not exist You know, I am not an attorney, but I certainly understand after having been in this House for many years now that when we can do as much as we can to help legislation and to help the courts, we must do this. On the second point, increased penalties, quite frankly, we do not have enough teeth here when it comes to especially these larger organisations. And quite frankly, when I was speaking to the Shadow Minister, I do not think it has enough teeth for me mbers who have 50 people and over. Because some of the things that we are hearing . . . and I know the Government and the Minister are hearing some of the atrocities that are going on out there. And let’s just say I would assume that if they are getting five a day, the actual breaches are probably around 20 a day, where people are just willing to move on because of taking advantage of Bermudians and the way that we are just so easy about these kinds of things. Oh well, we will just move onto the next thing. All we are simply trying to do here . . . and I have heard this many, many times before coming from this Government when we ask questions: Don’t let perfection be the enemy of good. And, The Bills that the Government have been putting in place are stepping stones for where they want to get to. This i s simply just the stepping stone to help us get to the place that we want. Now, you know, if you want to turn down the Bill because it is the OBA . . . I am not sugBermu da House of Assembly gesting that this is the case, but it certainly feels like it when you say this has no subst ance.
An Hon. Member An Hon. MemberThe Member is muffled.
Mr. L. Craig CannonierBut the tools that are being put before you do not even exist. Hon. Kathy Lynn Simmons: Mr. Speaker.
The SpeakerThe SpeakerMuch better, Member. Much better.
Mr. L. Craig CannonierYes. I will take point and do this on a regular basis, Mr. Speaker. I was just saying that the Government in many cases when we have asked questions when they bring Bills forward . . . [they say] do not let perfection be the enemy of good, or do …
Yes. I will take point and do this on a regular basis, Mr. Speaker. I was just saying that the Government in many cases when we have asked questions when they bring Bills forward . . . [they say] do not let perfection be the enemy of good, or do not let it get in the way of progress . And all we are doing here, after seven months, is basically saying, Listen , we believe that these are some simple tools that , [until] the Minister is ready to bring forward other things , we can put in place now, that we can affect our people’s lives now who are being aggrieved by inequalities . As I said, many of these atrocities are happening in some of the larger organisations and not hing is happening. Nothing at all. And so, with these increased penalties . . . listen, I do not think that they go far enough. I think that they should go even further. And when it comes to the Equality Council, you k now, this whole idea is to promote, and it is a tool to educate what equality is. You know, I remem-ber being general manager of People’s Pharmacy and I will say we were 99 per cent run Black. And the question came up between myself and the owner: Okay, what happens if we have people of different races who come forth with the same credentials? How do we make some of these decisions going forward? This was the opposite of having a position or a corporation who has mostly Whites and does not have enough Black s. This was a company that had mostly Blacks. Should we be seen to be, or is it wrong for us to insist that we have another Black person in a position with the same qualifications as a White person? Are we infringing on any equalities here? So, if we have an Equality Council it will be great to have a tool and a body that [can] actually go out and give advice to companies who, quite frankly, could use the advice. Because many times at the end of the day, one of the things that they are not concerned about, quite frankly, is equality. They are looking to get the right person in the job. But maybe we have not made enough noise because we have heard it over and over and over, too many instances where people are being overlooked who should not be overlooked. A nd it affects us as a community especially amongst the Blacks who know what it feels like to be overlooked when you have the credentials or you are training someone to do a job that, quite frankly, you have the qualifications for, whether they are coming f rom [overseas] or they are of another ethnicity. It would be good to have a body that could be referred to that gives the advice on where you should be And, quite frankly, to come up with the reasoning that, Oh, well, you know people are not going to want to do this unless they get paid. That’s ho gwash. I have never heard such an excuse being made before. There are many people who are willing to sit on boards like this here to give advice, who would love to be in a position to give counsel to organis ations , whether it be private or public organisations, to say, Listen , quangos and the likes , this is where you want to sit. Now, when it comes to Government boards, which was the fourth point . . . listen , and quangos . . . Yes, I agree with the Minister. Maybe it should be taken even further when it comes to that. But this was just a . . . Okay. Look, this is a soft walk in here. We are going to go at the governm ent boards. This is just about accountability. And if we cannot continue to build accountability in the whole process, then what are we as legislators doing? Why are we waiting another six months to put something in place that we know makes sense? None of these four points are egregious. None of these four points step on anyone’s toes. All these four points do is build accountability and bring to the forefront that we recognise that there is a challenge out there. And let’s give it some more teeth. Let’s give the Minister an opportunity to be able to educate peo-ple and get out there and ensure that we ha ve the right thing being done. Especially now that we know the push is let’s get jobs on the table; let’s encourage getting people out there. People are retooling themselves, reeducating themselves to ensure that they can have a fair share at some of the opportunities that exist out there. If we do not move in this direction, we 1538 1 July 2022 Official Hansard Report
Bermuda House of Assembly are going to continue to be as a dying nation, quite frankly. We are dying faster than we are being born. And pretty soon we will be like places, like Dubai and the likes. We will need more foreigners on the Island than there are locals. And this gives us more teeth to be able to be in command of our situation and be in command of the direction that we as Bermudians should have the foremost right to certain jobs. And if there are [n ot] inequalities based on race, sex and all of these kinds of things, people feel like they have a fair shot at the deal and that there are some teeth behind it. So, I was hoping for something a little more . . . even if it was turned down, a bit of a res ponse that was a bit more fluent to something so significant. It was not. It was difficult. And so, I am hoping that maybe the Government will have a rethink towards this here. This is a small step in the right direction. And I pray that there is a reconsi deration towards this Bill. Otherwise, I expect to see something within three weeks, something [tabled] that shows that we are moving in the right direction. Otherwise, I have no other conclusion to come to, [other than] It is an O pposition Bill ; we are just turning it down just to be the case. I am not making that assumption; but I do not want to feel that that is the case. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member, for your contribution. Does any other Member wish to make a contribution at this time? Any other Member?
The SpeakerThe SpeakerOpposition Whip, you have the floor.
Mr. Jarion RichardsonThank you, Mr. Speaker. Mr. Speaker, I am speaking this evening in support of this Bill and the work that has gone into advancing the antidiscrimination in Bermuda. What we are trying to do here is to promote equality, opportun ity, and equal pay. How we are going to do …
Thank you, Mr. Speaker. Mr. Speaker, I am speaking this evening in support of this Bill and the work that has gone into advancing the antidiscrimination in Bermuda. What we are trying to do here is to promote equality, opportun ity, and equal pay. How we are going to do that, Mr. Speaker, is by making discrimination even more diff icult. In order to do this right, we are going to enhance and make explicit. We are going to refine and e nhance, Mr. Speaker. This piece of legislation seeks to provide def initions that were not there in the past, to provide gui dance for the courts that was not t here in the past, to enhance the regime as it stands today. The goal is to make it better. This is quite important, Mr. Speaker, because as the previous speaker alluded to, we are often lectured in the Opposition about getting in the way of progress becaus e we scrutinise things. And this is a great example, where what we are looking to do is to progress. This is not a panacea. This will not make discrimination go away, but what it will do is provide better accountability. It will provide the ability to call people to account and ask them questions and say: Well, why did you go down that road when making that decision? It will provide further civil penalties so that it is easier to bring about accountability to e nforce where we find discrimination. I don’t ha ve a lot to add. It is not a very long piece of legislation, Mr. Speaker. What we are aiming to do is to take the steps that are necessary to move Bermuda in the right direction. To that end, we do look forward to the Government’s perspective on this, and we hope that we find support in our antidiscrimination campaign. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution at this time? Any other Member?
The SpeakerThe SpeakerYes. MP Jackson, you have the floor.
Ms. Susan E. JacksonThank you, Mr. Speaker. This piece of legislation is setting the example. We have got to start at some point to establish within our community the fact that everyone deserves to have an equal right to participate in this community. As a woman, Mr. Speaker, I have experienced what it …
Thank you, Mr. Speaker. This piece of legislation is setting the example. We have got to start at some point to establish within our community the fact that everyone deserves to have an equal right to participate in this community. As a woman, Mr. Speaker, I have experienced what it is like to not be included. And this an opportunity not only for us to have a dedicated space where people can go and ask for advice and ask questions to an Equality Council within the Human Rights Commission which can give us some direction and start to change the culture of, the make- up of, a number of the organisations that exist in Bermuda. Why not start with the civil organis ations, the civil associations such as quangos and councils and other sort of government - created organisations or associations as our starting point, Mr. Speaker? Because we have to set that example. Somebody has got to get it started because we have got a long way to go. Equality, especially when it comes to race and to gender in Bermuda, needs to start to move forward. We have made a few steps, and this piece of legisl ation is a really good example that we are taking the steps forward. We are really star ting to create a foundation for equality in this community. And yes, as the Minister had mentioned in her speech, equity is a huge piece of the puzzle that needs to be built upon. And this is the building block. And it would be great, Mr. Speaker, if we could use this piece of legislation as a bipartisan foundation for building a better and a fairer way to organise and share ideas and make pr ogress in this community.
Bermu da House of Assembly Mr. Speaker, one of the pieces that I really feel strongly about is that when we have the compos ition of these associations, that often times we do tend to lean toward those who are familiar, or maybe it is based on a skill set. Or you know, just . . . just this sort of . . . sort of like the button, the reset button where we just go for what w e are most familiar with. And especially as a woman, Mr. Speaker, we come with di fferent perspectives. And the perspectives are necessary in order for us to really start to make some pr ogress. If this group, if this cohort Government of 2022, can come together and at least start to build the stepping stones to a fundamental foundation of equal ity on this Island, then we are establishing our legacy. This is a really good foundational piece for us —for us as a Government, as a Parliament. We must continue to work hard to build on that because there are many differences within this community, and we need to all have an equal share in [this community]. And this particular council, an Equality Council, will start to provide that outlet for us to be able to unders tand, to build awareness, increase awareness amongst the mem-bers of our community so that this can be something that’s not a . . . you know, sort of some back room rumble of agitation but that it becomes a regular part of our lives and that it does not hav e the stigma around it. We all want to work together. But there are so many times, Mr. Speaker, when we are in situations where we are outnumbered, whether we are outnumbered by race or whether we are outnumbered by gender. We are losing our opportunities in those cases to really see the full picture of the fabric of our community, and so we must fight for this. Mr. Speaker, as I mentioned earlier, equity is a big part of it. We are not all the same anymore. I am going to give the Government lots of credit on this. It is just coming to my mind now. But when we celebrated the anniversary of the Port uguese community . . . And I know this has nothing to do with gender or even necessarily race but maybe more of a cultural . . . But the fact that we recognised it . . . And I am saying that to say that with equity we have different times and we have different priorities of which we want to be recognised. And an Equality Council offers us the opportunity to say: You know what? We do have a right to be recognised for our individual differences. And if they are not being recognised, then we can go somewhere and at least ask for that advice. And if the advice isn’t coming, then we can at least reach out and ask or demand that the people who are the organisers give an explanation why. Why can’t we have that? It goes across the board on so many levels, Mr. Speaker. And that is the important part, to have that. I mean . . . we have . . . I may be stretching this ever so gently, but I just want to show the expansiv eness of this opportunity, Mr. Speaker. We can have equality in so many ways. You know, we are talking about the future idea that there is equality amongst seniors, and equality amongst those who are dis abled, and equality amongst religious differences. We can bui ld on this, and expose it, and have a fairer s ociety. So, Mr. Speaker, I do absolutely encourage the Government to consider that even if they may feel that this is not perfect and that it does not have all of the substance that we would like it to have, t o at least consider that this is the first step forward. We have to have equality as a big part. We get in here in the House of Assembly and we talk about how unfair things are all the time. Oh this is not fair. This is not fair. This is not fair. Well, y ou know what? Now we are going to have a stepping stone and a ground- breaking opportunity to say, Let’s start having that conversation. And so, I firmly support this piece of legisl ation. I hope that the Government can understand that this is a building bl ock, and that we should continue to strive in a forward direction and give everybody an equal opportunity to learn —to learn what your rights are, [and] that [it] gives us an opportunity to ask the questions and receive the advice. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Mr. Jamahl S. Simmons: Yes, Mr. Speaker.
The SpeakerThe SpeakerMP Simmons, you have the floor.
Mr. Jamahl S. SimmonsThank you, Mr. Speak er. You know initially when I heard about this Bill, saw this Bill, I got a little excited. I said, Maybe the OBA is starting to get it. Maybe they are starting to get it. But then, unfortunately, I read the Bill. And while they try …
Thank you, Mr. Speak er. You know initially when I heard about this Bill, saw this Bill, I got a little excited. I said, Maybe the OBA is starting to get it. Maybe they are starting to get it. But then, unfortunately, I read the Bill. And while they try to deny it, while the y run and hide it, the OBA is the ideological, philosophical, and in many cases, genetic offspring of the United Bermuda Party. And listen to the remarks. Listen to the content. It is just another old UBP whitewash, Mr. Speaker. And let me tell you why.
The SpeakerThe SpeakerPoint of order? POINT OF ORDER [Misleading]
Mr. L. Craig CannonierYes. Unfortunately, the Honourable Member is misleading the House speaking of the OBA —its DNA being the UBP. This Member 1540 1 July 2022 Official Hansard Report Bermuda House of Assembly is a former UBP member, so are we saying that the DNA is in PLP as well?
Mr. Jamahl S. SimmonsNo. I left that organisation because it was racist and they had trouble dealing with the racists within them. That remains a pr oblem with your organisation based on the supporters and how they —
The SpeakerThe SpeakerMembers! Members! Members, let me interject here. We can have a full discussion this afternoon without having to go down some roads that may di stract us from the matter that i s before us. So, I am just going to ask Members on all sides to continue to be …
Members! Members! Members, let me interject here. We can have a full discussion this afternoon without having to go down some roads that may di stract us from the matter that i s before us. So, I am just going to ask Members on all sides to continue to be guided by the tone that we want to maintain in the debate without taking it down a road that may lead us to further distractions from what is really before us.
Mr. Jamahl S. S immonsThank you, Mr. Speaker. I am guided by your wisdom and experience. But the point I want to make is that the Opposition has an opportunity not to grandstand on the floor of the House but to actually do what a former leader of this country and a nat ional …
Thank you, Mr. Speaker. I am guided by your wisdom and experience. But the point I want to make is that the Opposition has an opportunity not to grandstand on the floor of the House but to actually do what a former leader of this country and a nat ional hero in our country, Sir Henry Tucker, did. Now, when he was trying to desegregate the schools, he went to those schools and told them to sort themselves out. Now, we often hear of the party of business, the party that understands how the economy wor ks. If you want to i mpress me that you are serious and get my support for a Bill like this, I want to see you go to these employers and tell them to sort themselves out as a friend of the business community. I want to see you go to the places where you know or suspect these issues lie and tell them to their face to sort it out because I find it hard to take it seriously when you want to create an entity to promote equality. Anyone can promote equality. An ybody can. But you know what? We have pay dispar ities in this country. If you wanted to impress me, bring a Bill — anybody, bring a Bill —requiring companies to post their salaries when they advertise their positions like the government does. If you want to impress me, if you want to get my support, go back, di g in the archives, go find a little something called the Workforce Equity Bill that the predecessors, some of whom sit in the camp of the OBA, vociferously opposed when it tried to create some equity in the workforce in Berm uda. These are the things . . . we have to actually talk about issues of race and equality with substance, Mr. Speaker. Because we’ve had years and years of years of platitudes and symbolic gestures, and you know what? Black people still make less money than White people. Black people s till get hired at a lower frequency than White people. So if we look at the census da-ta, if we look at any data by any measurable thing, if you want to be serious, if anybody wants to be serious and not play games with this issue, then let’s start tackling those disparities in real terms because there are legislative guidelines from South Africa, United Kingdom, Canada, even across the Caribbean that specifically target and deal with these things. But that is a grown- up conversation, and we may not all be ready for that conversation. I think the thing that really struck me, Mr. Speaker, and that I found very fascinating was the particular emphasis on government boards and quangos. Now, Mr. Speaker, we have already outlined that there are many venues and opportunities to be able to apply to be on a board. And as someone who has s elected board members, I can tell you that I did it wit hout any fear or favour because if there was a person who did not share my race but who shared the ideological beliefs and the c apacity to do the job, they were getting appointed. I might not have been allowed to appoint them, but I sure was going to try to appoint them. Mr. Speaker, what I am saying is this: when you’re putting together a team to execute a Gover nment’s agenda, ideological alignment and agreement with the vision are more important than the colour of the person’s skin. So, if I am . . . and people know me. I am a hard- liner on immigration. So I am not going to have anybody Black sitting on my immigration board who i s going to be of the bend- over-and-touch- yourtoes-and-open- your-country -up-for-foreigners mindset, but I might have a White guy who shares my opi nion. I might have an Asian guy. I might have som ebody else. But that is something that, you know, is a grown -up conversation, a sophisticated conversation. Throughout the years we have heard: There should be no quotas. There should be no . . . you know , The best people should be hired and the best people . . . But we never talk about agreement in terms of direc tion of travel. You know. We act like . . . You know, just imagine. The argument is si mplistic really. It is like really imagine if the Lakers and the Celtics teamed up how many points they could score. It is stupid. And we continue to have these i mmature conversations when it is really an ideological issue. But to be able to look at the make- up of government boards and say, Oh, this is something . . . We need to make sure minorities are represented. Mr. Speaker, what they are really saying is that since t hey are not in Government, we need to have some more White people on the boards. The most privileged and doing- well group in Bermuda needs some protection—
The SpeakerThe SpeakerPoint of order. We will take yo ur point of order. POINT OF ORDER [Imputing improper motive] Bermu da House of Assembly Mr. L. Craig Cannonier: The Honourable Member is imputing improper motive here. You know, I don’t assign to that, and if I felt any colleagues here were moving …
Point of order. We will take yo ur point of order.
POINT OF ORDER [Imputing improper motive]
Bermu da House of Assembly Mr. L. Craig Cannonier: The Honourable Member is imputing improper motive here. You know, I don’t assign to that, and if I felt any colleagues here were moving in that direction, they know I w ould speak up about it for sure. And I agree that more has to be done. We are waiting for the Government.
The SpeakerThe SpeakerThank you for your input there. Just be guided by his concern.
Mr. Jamahl S. SimmonsI will try not to irritate the sensitive skin, Mr . Speaker. But the point is this: At the end of the day you cannot argue—
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. L. Craig CannonierThe Honourable Member once again is mislead ing the public. There is no sens itive skin here. His skin may look thicker than mine, but I can assure you, it ain’t.
Mr. Jamahl S. SimmonsBut Mr. Speaker, I am not going to continue any further. [Crosstalk]
Mr. Jamahl S. SimmonsI am not going to continue any further. I think my point has been made. I think that it is import ant to recognise that in my opinion my concern is that we have to as a Go vernment be able to pick people who regardless of race share the …
I am not going to continue any further. I think my point has been made. I think that it is import ant to recognise that in my opinion my concern is that we have to as a Go vernment be able to pick people who regardless of race share the direction of travel and the vision of where we are going. And you know I am very comfortable defending that. I’m very comfortable defending that. And I think that my record in terms of appointing . . . I had two female chairmen in the three bodies I had. I am very proud to stand on my record in that regard. But, Mr. Speaker, it is time for a serious co nversation. We can keep playing around and doing these symbolic gestures and these sorts of things that really do not do anything but make us feel good, or we can actually do some substance. That is where I want to leave it. Let’s see some substance. Next time, Mr. Speaker, I would give some advice to the Opposition as well. If you would like to get the support of the Backbench on your Bills, perhaps you might talk to us before bringing it to the House and get some feedback and get some sugges-tions. Not saying we will suppor t everything you go with, but you know it comes across like grandstanding. It comes across like game playing. It comes across as old UBP tactics when you want our support and you ask for it on the floor of the House, when as a Minister I often reached out to you to get support for the Bills that I carried. So, with that, Mr. Speaker, I wish everyone a good night.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution at this time? Hon. N. H. Cole Simons: Thank you, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader, would you like to make your contribution? Hon. N. H. Cole Simons: Yes. I would like to pick up where the Honourable Jamahl Simmons ended. He spoke about grandstanding and that if we were si ncere about equity and addressing the challenges that we face, then we should …
Opposition Leader, would you like to make your contribution?
Hon. N. H. Cole Simons: Yes. I would like to pick up where the Honourable Jamahl Simmons ended. He spoke about grandstanding and that if we were si ncere about equity and addressing the challenges that we face, then we should have gone another route and not grandstanded in the House of Assembly today. Mr. Speaker, let me be very clear. We tabled this legislation almost seven months ago. We tried to have a meeting with the Minister twi ce, and to date we were unsuccessful at having that meeting. Mr. Speaker, if we’re talking about bipartisanship, as my colleague who authored this legislation said, there was more than ample opportunity —
Hon. Tinee Furbert: Mr. Speaker?
Hon. N. H. Cole S imons: —to get together to address this matter.
The SpeakerThe SpeakerIs someone trying to get my attention? Hon. Tinee Furbert: The Member is obfuscating the truth, Mr. Speaker. The Speaker: Minister Furbert, you are fading out. Can you get a little closer to your computer or your microphone? Hon. Tinee Furbert: Mr. Speaker, the information that the Opposition Leader is …
Is someone trying to get my attention?
Hon. Tinee Furbert: The Member is obfuscating the truth, Mr. Speaker. The Speaker: Minister Furbert, you are fading out. Can you get a little closer to your computer or your microphone? Hon. Tinee Furbert: Mr. Speaker, the information that the Opposition Leader is sharing is incorrect about trying to get a meeting twice.
Hon. N. H. Cole Simons: Mr. Speaker, it is my u nderstanding that the Minister off ered to reach out to the Minister on more than — 1542 1 July 2022 Official Hansard Report
Bermuda House of Assembly The Speaker: You mean the Shadow Minister?
Hon. N. H. Cole Simons: Yes. —offered to reach out to the Minister on more than two occasions, and so I can only go by what I was told by the Shadow Minister. Mr. Speaker, part of my challenge comes because, quite frankly, we are talking about human rights legislation. And just to show how bipartisan we are and how inclusive we are, the Shadow Minister actually met with and communicated with the CEO of the Human Ri ghts Commission. So, when I hear the substantive Minister indicate that there was no substance, the format was all wrong, the issues were wrong, and we did this incorrectly and that incorrectly . . . Well, Mr. Speaker, may I enlighten you to the fact that we have had numerous correspondence from the Human Rights Commission, and we have included some of their recommendations. So, it is very interesting to hear what the Mi nister has to say today after we have included recommendations from the Human Rights Commission. And remember, Mr. Speaker, the Human Rights Commi ssion is not a constitutional position. It is not part of government. It is not part of government at all. Just for clarity, I mean I will give you some examples. In the initial legislation, we had the name Equality and Equal Pay. They suggested we change it, and so we changed it to Equality Act 2001. We had a section on claim to employment tribunal, statutory defence, appeals to the Supreme Court. We went back and forth, listened to what they had t o say and adjusted the le gislation. To me, that is bipartisanship. I wonder if the Minister has had that similar conversation with the Human Rights Commission and if she was aware of the communications that have gone backwards and forwards between the exec utive of the Human Rights Commission and the Shadow Minister. So, Mr. Speaker, I wish to say that the content was questionable, the format was questionable when we basically were guided to a degree by the Human Rights Commission. And if she is the Minister of Human Rights Commission, then I am certain— Hon. Tinee Furbert: Mr. Speaker, point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Tinee Furbert: The Honourable Member is mi sleading this House because that is not the interpret ation, Mr. Speaker, that I have received from the H uman Rights Commission. Hon. N. H. Cole Simons: Mr. Speaker —
The SpeakerThe SpeakerLet me just try and move this forward. I think the point is, both sides have met with the Human Rights [Commission] and both sides thought they were on solid ground. That is what I am interpreting— Hon. N. H. Cole Simons: That is correct.
The SpeakerThe SpeakerI am not going to let you start churning back and forth: whether I met, whether I did not meet, or they told me this, or they told me that. I think you both met, which was the right thing to do, and you are basing your movement on the …
I am not going to let you start churning back and forth: whether I met, whether I did not meet, or they told me this, or they told me that. I think you both met, which was the right thing to do, and you are basing your movement on the discussions that you had.
Hon. N. H. Cole Simons: Exactly, Mr. Speaker! E xactly. And for us to sit here and listen to what the Mi nster said in her opening remarks that the content was there and it did not add value to the Human Rights Act and dah- de-dah-de-dah-de-dah. Mr. Speaker, the CEO of [the] Human Rights Commissioner could have told us that in the beginning, and she did not. So, we went to the source. We took legal counsel to get a document ready for today. Again, this was on the table for seven months. If we were looking out for the best interests of this country, there was no reason why the Minister couldn’t have looked at it, called up the Shadow Mini ster and said let’s discuss this so we can have a better outcome for this country. Seven months was ample time, Mr. Speaker. Ample time. So, if we are serious about raising our game, if we are serious about equity, fairness, and justice to all people in this country, let’s put the politics aside. Let’s put the politics aside and do what is right. B ecause guess what? Sooner or later these inequities will be in our backyard, will be with our children, will be with our grandchildren, will be with our spouses. We want a better Bermuda. We want a fair Bermuda. We want a country that is at peace with itself, and the only way to get that is to ensure, Mr. Speaker, that there is fairness and equity. Mr. Speaker, I was very interested in hearing the comm ents of the Honourable Member, Jamahl Simmons, about the private sector. And let’s face it, quite frankly, some of his comments were quite valid. I mean, there has always been a sense and a reality . . . I mean, we talk about the Black -and-White divide. The other divide that is silent most of the time is the Bermudian versus the non -Bermudian in the intern ational arena and even some of our local spaces. There are inequities there. And as a country, we have allowed it for economic prosperity. But if we are s erious about equity, if we are serious about justice, we have to address that as well, Mr. Speaker, because we know that just like in the private . . . in the public sector you can have a person sitting beside you doing the exact same job with the exact same amount of experience, with the exact qualifications from the exact quality of universities or professional bodies, and
Bermu da House of Assembly yet there is a differential in salary and bonuses for the person sitting right next to you doing the same job. Those are some of the other inequities that we have to address as a country, because surely those issues are not prevalent in some of the jurisdictions from which our guest workers have originated. So, Mr. Speaker , this issue is a very sensitive issue on many levels. As I was s itting and listening to the debate, I thought that maybe we can have a bipa rtisan committee working together on the human rights. The Minister indicated that they were doing a full r eview of the Human Rights Act, and I think the same was shared with us by the CEO. So maybe it is time that we look across the aisle and get people from all sectors of the community involved in this legislation, and not just political people; people who represent the full strata of our society because you know, as well as the rest of the Members of the House, that Bermuda’s demographics are changing daily. Bermuda’s wor kforce is changing daily. The way we do business is changing daily. And so with those changes, it be-comes more and more difficult in this digital age to address eq uities and inequalities. Mr. Speaker, I know this is a sensitive issue, and I think when it comes to equality and equity and even the impact that it has on our social fabric . . . earlier, we talked about gang violence. Well, part of the challenge for young people is that they don't feel equal. They don't feel they have value to the society. So they do whatever is necessary because they do not feel equal to the next man in the street. They do not feel equal to their friends who went to school and have a job in IB, or have a job at the bank, or have a job at Marketplace. Mr. Speaker, they want equity as well. If we get this right, if we get this equity lan dscape right, then we can address some of the social challenges that we face in this country. And, to m e, it is worth considering a bipartisan commission or com-mittee to help bring this challenge to a conclusion. And if it means reviewing the entire human rights legislation then I will put my hand up and say that we in the Opposition will be willing to help in that space. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you Opposition Leader. Would any other Member wish to make a contribution? Hon. Jason Hayward: Mr. Speaker.
The SpeakerThe SpeakerMinister Hayward, you have the floor. Hon. Jason Hayward: Mr. Speaker , inequality in our society is not a touchy subject. It has been prevalent throughout our existence. Each and every one of us in this particular Chamber has been subject to some level of inequality, whether you have benefited …
Minister Hayward, you have the floor.
Hon. Jason Hayward: Mr. Speaker , inequality in our society is not a touchy subject. It has been prevalent throughout our existence. Each and every one of us in this particular Chamber has been subject to some level of inequality, whether you have benefited from it or you have been adver sely impacted by it. But what the Opposition cannot do today, Mr. Speaker, is r ewrite history. For senior Members in this Chamber, such as yourself and Honourable Derrick Burgess, it must be painful to listen to somebody say that this particular Equality A ct lays the framework for equality and how we shall move forward. Mr. Speaker, you are part of a class of polit icians that approved a Bill called the Commission for Unity and Racial Equality. That Bill set out all of the functions, that the amendments the Opposition seeks to make, sought to achieve —monitoring equality in the workplace, ensuring that there is a reduction of di scrimination in the areas based off of race, in particular. But the decision was made in 2010 to merge the functions or transfer the functions of the Commission for Unity and racial Equality into the Human Rights Act [1981]. So we had a specific committee, a group, a commission responsible for it. This Parliament made a decision to place it underneath the remit of the Human Rights Commi ssion. Those functions that were transferred (and can I read [section 14C], Mr. Speaker?) relate to the promotion of [(1)(a)] “equality of oppor-tunity and good relations between persons of different racial groups; [(b)] work towards the elimination of racial discrimination and institutional racial discrimin ation; and [(c)] establish and maintain in such form as it considers appropriate, a register of employers from the information or data received from the Director of Statistics . . . . “[(2)] The Commissi on may – [(a)] issue codes of practice containing practical guides for –[(i)] the elimination of racial discrimination in the field of em-ployment; and [(ii)] the promotion of equality of opportunity in that field between persons of different racial groups.” Those functions were transferred to the H uman Rights Commission. The same items that they are highlighting need to be addressed, the Human Rights Commission already has the authority to ad-dress. So I ask, what mischief does this Act seek to correct? And does this Act give any greater teeth to the Human Rights Commission that it doesn't already have in legislation? The omission it seeks to correct, the Human Rights Commission already has those statutory responsibilities. The Human Rights Commi ssion has the right now to issue a code of practice and guidelines to make it clear how racial inequalities should be handled within the workplace. It was clear to me that no major consultation with the Government took place on this particular Bill. The Shadow Minister who introduced the Bill started with this Bill faced some impediments along the way . There was a ton of irregularities in the original Bill and that is why it needed to be revised. The Bill that is in front of us today is a non- starter. I think the Opposi tion has conceded that it is not a good Bill, but is a step in the right direction. I do not agree that it moves us from the position that we are currently in. Nobody is going to argue against equity and inequality, but if we are 1544 1 July 2022 Official Hansard Report
Bermuda House of Assembly not talking about it in th e corporate world then we are not having a real earnest conversation. So, Mr. Speaker, I really struggle with what the Opposition is trying to achieve today. They brought to Parliament an unworkable Bill. I am not sure what consultation they have had with the Human Rights Commission, but if I can read, Mr. Speaker, “We are certainly in favour of policy recommendations that seek to bolster the human rights framework in Bermuda. A lot of our concern with this Bill in its current form relates to the need for further research r eview and consultation around the establishment of an equality council in Bermuda. ” That is coming from the Human Rights Commission. I did not make that up. In addition to that, the Human Rights Commission indicated that they are doing a full review of the legislation. With that being the case, the practical step that should have been taken was to provide recommendations to the Human Rights Commission so that they can include it in their framework. Why intr oduce amendments to legislation that is under legisl ative review [when] the persons that you have consul ted with indicated to you that they will be happy if you were to send them recommendations? One has to conclude that this is a political exercise taking place.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading and imputing improper motive]
Mr. Scott PearmanThe Honourable Member, perhaps inadvertently, is misleading the House, but, clearly, is also imputing an improper motive. And I would ask him to withdraw the remark. Thank you, Mr. Speaker. Hon. Jason Hayward: Mr. Speaker, it is my opinion that there is a political exercise taking place.
The SpeakerThe SpeakerMembers, I am going to remind Members that we have had a long afternoon here. Let’s be guided by keeping our tones above any way that is going to distract and turn the debate into an area we don’t need it to go. Minister, I know you're gifted enough to …
Members, I am going to remind Members that we have had a long afternoon here. Let’s be guided by keeping our tones above any way that is going to distract and turn the debate into an area we don’t need it to go. Minister, I know you're gifted enough to get your point across wi thout leading us down a road that we need not enter this late in the day. So, I am going to ask you to be guided by those protocols.
Hon. Jason Hayward: Mr. Speaker, what has been espoused by the Opposition as the tenets behind this particular Act will n ot be achieved by the Act itself in its current form. It also does not move us substantially in a direction or in a place above where we are now because we already have a Human Rights Commi ssion that has the authority to do exactly what they are requesting. Mr. Speaker, what is being proposed today is not practical. It is not workable. It is unfortunate that the Opposition stated that they realise that their own Bill does not go far enough in terms of tackling the inequalities in the corporate world, addressing the —
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Scott PearmanPerhaps unintentionally, he mi sleading the House. But I remind him that Opposition Bills are not entitled to spend m oney.
The SpeakerThe SpeakerYes. Let me assist for clarity on this one. When the Bill was first tabled and then an amendment was brought at some point, the reason that amendment was brought was because the benchmark that this Chamber uses for an Opposition Bill is whether or not there is going to …
Yes. Let me assist for clarity on this one. When the Bill was first tabled and then an amendment was brought at some point, the reason that amendment was brought was because the benchmark that this Chamber uses for an Opposition Bill is whether or not there is going to be an impact on the Consolidated Fund. That is the parameter that we have within the Chamber. We are not concerned about the political implications because we're neutral, but we are concerned about the Consolidated Fund, because the rules of the House will not allow an O pposition Bill to be tabled and taken up if it does affect the Consolidated Fund. With that said, the original Bill that was tabled seven months ago actually had a concern in that r egard. It was allowed t o be tabled, we met with the O pposition and sent them away to go fix it. They went and met with the department that's being discussed here today and with their direction they rewrote the amendment . . . they rewrote the Bill which was the amended version t hat was put on the table later on. But the original Bill seven months ago did not meet the satisfaction of this Chamber, and they were asked to fix it. They went out and fixed it and brought that piece back under the guise of guidance from the H uman Right s Commission. So, I put that on the table so that it's no further part of discussion as we move for-ward.
Hon. Jason Hayward: Mr. Speaker, I said that this Bill does not address the inequalities in the corporate world. It doesn't address what we call inst itutional racism that is experienced. It doesn't address the glass ceiling that people experience in the workplace. It does none of that. The fact that it specifically targets
Bermu da House of Assembly government boards is problematic, and a lack of equity in itself. Mr. Speaker, I think when we sit here as pol iticians, we have to take our roles and responsibilities seriously. The work that was required to bring an E quity Act to this particular Chamber was clearly not done so that we have something in front of us that can enjoy the support of the Government. Mr. Speaker, when you put a Bill in front of Parliament and there is already a Bill in place or an Act in place that does the exact same thing—
The SpeakerThe SpeakerPoint of order. POIN T OF ORDER [Misleading]
Mr. Scott PearmanThe Honourable Member is mi sleading the House. There is no current law that does any of the four elements of our Bill. Hon. Jason Hayward: I guess we would have to di sagree because I believe that the Human Rights Co mmission has the right to issue guidelines and …
The Honourable Member is mi sleading the House. There is no current law that does any of the four elements of our Bill.
Hon. Jason Hayward: I guess we would have to di sagree because I believe that the Human Rights Co mmission has the right to issue guidelines and a code of practice. I think that the Human Rights Commission has the authority to adjudicate matters. I think that the Human Rights Commission can do the exact same functions that an Equity Council seeks to do. And that's why the Equity Council will be a subset of the Human rights Commission.
POINT OF ORDER [Misleading]
Mr. Scott PearmanPoint of order. The Honourable Minister is misleading the House. The Equity Council is a subset of the Human Rights Commission. That's what the Bill provides for. Hon. Jason Hayward: That's what I just said, Mr. Speaker. I need protection now, because I cannot say . . . he agrees …
Point of order. The Honourable Minister is misleading the House. The Equity Council is a subset of the Human Rights Commission. That's what the Bill provides for.
Hon. Jason Hayward: That's what I just said, Mr. Speaker. I need protection now, because I cannot say . . . he agrees with my point in his point of order. Mr. Speaker —
The SpeakerThe SpeakerThe guise of . . . I am trying to assist both of you here. The point that the Minister is making here is that in his interpretation of what is being done, those are already in place individually elsewhere, in a sense. The Shadow Minister is trying to draft …
The guise of . . . I am trying to assist both of you here. The point that the Minister is making here is that in his interpretation of what is being done, those are already in place individually elsewhere, in a sense. The Shadow Minister is trying to draft som ething that will put it all in one box (my interpretation). I think that's where the line of difference whirls around. Continue, Minister.
Hon. Jason Hayward: Mr. Speaker, the Shadow Mi nister can continue to explain his way around this poorly drafted Bill. But the reality is that when you look at what is placed in here, the rights, the responsibilities and the functions of the Human Rights Commission, the Human Rights Commission already has the power to do a lot of what is being requested to be done. I will go back to . . . the practical exercise would have been to provide recommendations to the Human Rights Commission knowing that they are doing a legislative review of their particular legislation. The way in which this Bill is drafted is not in a manner which will receive the Government’s support. There should have been some level of consultation. There were impediments along the way —
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Scott PearmanThe Minister is misleading the House, although perhaps inadvertently. There were efforts for consultation and there was consultation with the Human Rights Commission. It was offered for consultation with the Government which was not accepted. Thank you.
The SpeakerThe SpeakerNoted. Continue, Minister. Hon. Jason Hayward: The impediments that the Bill faced at the beginning are going to be similar to the impediments that are being faced now, which is an unworkable Bill. And so, Mr. Speaker, with that, I would like to conc lude [by saying] if we are …
Noted. Continue, Minister. Hon. Jason Hayward: The impediments that the Bill faced at the beginning are going to be similar to the impediments that are being faced now, which is an unworkable Bill. And so, Mr. Speaker, with that, I would like to conc lude [by saying] if we are actually going to address a serious problem within our society, which is inequalities and inequities, we have to do it in an earnest way. And we cannot do it in a manner which is can be seen or deemed to be viewed as poli tical po ntification. Thank you.
The SpeakerThe SpeakerThank you, Minister. Point of order? POINT OF ORDER [Imputing improper motive ]
Mr. Scott PearmanAgain the Minister is imputing improper motive and should not do so. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? Any other Member?
An Hon. Member An Hon. MemberReady to close, Mr. Speaker? 1546 1 July 2022 Official Hansard Report Bermuda House of Assembly The Speaker: I beg your pardon? Another Hon. Member: No, don’t say an ything.
The SpeakerThe SpeakerDoes any other Member wish to make a contribution? Hon. Kathy Lynn Simmons: Mr. Speaker, yes, I am happy to speak.
The SpeakerThe SpeakerMadam Attorney General. Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker.
The SpeakerThe SpeakerYou actually need to turn your camera on as well. Hon. Kathy Lynn Simmons: Okay. One second. Thank you for your patience, Mr. Speaker.
The SpeakerThe SpeakerNo problem. Continue on, Minister. Hon. Kathy Lynn Simmons: Mr. Speaker, this has been an interesting but unsurpri sing debate this afternoon with regard to a Bill that is, at its best, aspir ational. And I say that because the sentiment behind the proposals is genuine and sincere. But the …
No problem. Continue on, Minister. Hon. Kathy Lynn Simmons: Mr. Speaker, this has been an interesting but unsurpri sing debate this afternoon with regard to a Bill that is, at its best, aspir ational. And I say that because the sentiment behind the proposals is genuine and sincere. But the Bill that we've been provided with does not quite meet the mark. I appreciate th e four parts that have been proposed. I appreciate the efforts and acknowledge-ment that maybe increased remedies and penalties for discrimination would be appropriate and useful. I note the intent. But, Mr. Speaker, this reminds me of the Bill that we just discussed earlier today with regard to gangs. And while gangs have not been in existence in Bermuda as long as discrimination has been, we see a similar trend of ineffective measures to address the problem that is systemic, almost, to human nature. And I say that in the context of a recent experience I had under the guise of constitutional reform where I had cause to be looking at the work of the Bermuda Independence Commission. I had cause to look at the UN’s mandate on decolonisation, and also the 2005 mission that the UN sent to Bermuda with regard to the 2004 [Bermuda] Independence Commission R eport. And what stood out in all of their recommendations and the summaries as an impediment to so many things that we would [characterise] as progress in this co untry was the racial divide. And when you look at our body of law and you look at what I would characterise as the ineffective efforts to address problems that reflect the worst of human nature, I can say without reservation that t oday's exercise is one t hat brings attention to a longstanding issue, and nothing more. I applaud the Opposition for bringing the Bill. I applaud them for their outreach to the Human Rights Commission in the attempt to craft something that would have the impact legislatively that they would wish that you have. But there are certain realities of the exercise that cannot be ignored. I am not here to go into the merits of the Bill. I am not here to get into the emotional perspectives that have been advanced today. I am here on two points: Number one, to shed some light on where we are as a jurisdiction in terms of modernising our legislature, and the consequence of lack of progress in that regard on this exercise t oday, because, Mr. Speaker, in a modern parliament — and we have had this conversation, with respect — Parliament would have a resource, a legal resource to be clear, that would scrutinise the Bills before they are tabled. And if we had that resource in our Parliament, this Bill would not have been tabled in its present form because, notwithstanding the policy intent, which in some cases is fairly easy to discern and in others not, the structure of the Bill, the content of the Bill would not have been acceptable. And I say that because —and I can be specific without getting to m atters that we would discuss it if we went into Committee. It is clearly an Act that is based on the UK’s Equality Act. And the intention is to amend the Human Rights Act and the Employment Act and to go beyond protecting human rights against discriminatio n to actually promoting equality. It's good; that is the intent. And that is what has been advanced today in the narrative around the Bill. However, there is a process to get to the point to make this effective. And if I start with thos e principles , if you want to better ensure equality in Bermuda that word “better” in itself, Mr. Speaker, suggests that there are some gaps i nherent in the existing legislative framework. But there is an exercise that we undertake as Parliamentary Counsel to actually identify those gaps. And in the identification of those gaps, you would easily discern what we already have. And Bermuda has no deficit with regard to legislation. I believe Minister Hayward correctly gave a synopsis of the journey to where we are with respect to cure legislation that merged into the Human Rights Commission with the transfer of functions. I have heard that the Member consulted the Human Rights Commission as would be expected. But whatever the outcome of the consultation was with respect to the officers in the Human Rights Commission, they don't draft legislation. And what we see here today is a duplication, however well intended, in a lot of respects of existing legislative provisions. We see an overarching principle that the Opposition would like to see as a thread, i.e., the presumption. And that presumption is fundamentally flawed in that it seeks to undermine the supremacy of the Constitution. And I know this point has been raised to be looked at and would be the subject of an amendment but that very basic drafting point was missed. And therein lies my problem with the exercise because at the heart of drafting legislation or amending legisl aBermu da House of Assembly tion, you have to be able to identify and crystallise the mischief that the Bill intends to cure. And that is not a general exercise; it is very specific. Because it determines what the provisions will look like. For example, we have a provision here that seeks to have equal representation (my words) on boards and committees specific to the Government. And in his opening statement, the Shadow Attorney General failed to articulate what that particular prov ision is based on in terms of reality, in terms of data, in terms of what is actually happening on the ground, because any Government Minister would know, pas t and present, the difficulty that we often encounter in populating our boards and committees, the difficulty in trying to get specific expertise as required by law on these boards and committees without any compens ation and requiring people to give up val uable time. You can only take public service to a certain extent, and as the business of government has become more complex, the requirements for service on these boards, statutorily based, has also become very spe-cific. But more so, if you want to promot e the concept of equality, the provision should reflect that. And when you seek to single out government boards and committees —maybe that’s familiar territory —it lacks credibility in terms of the sincerity of the exercise because the inequality that we need to address does not only exist on boards and committees of the government. It exists across the spectrum in many organisations. The penalty provision— where is the equality? Where is the fairness, actually, in imposing monetary penalties on small busines ses? But, more than that, Mr. Speaker, I think this is an opportunity for us to step back and determine what we’re serious about as a country because if you look at our body of law, most of the things we characterise as problems already have extensive pro visions attached to the problems. We have solutions pr oscribed in law. If our institutions that are responsible for execution and implementation are broken, then maybe we need to deal with that. If we are so far from reality that we fail to find a mechanis m to engage the public in a meaningful way so that our legislation is not based on principle but is based on reality, then we have a problem. We also have a problem when we try to attach importance, urgency, and time to legislation such as this which woul d benefit from any number of other vehicles: such as the general debate on equality, such as recommendations being given to the Law Reform Commission that has the resources and expertise to actually do the deep dive on this, [such as] bipartisan committees . There are any number of other vehicles to achieve the outcome that may be desired, but this certainly does not meet the mark. I think what was disheartening for me was to see the extent of the reproduction in the Bill of existing provisions. If you add t o that the need for develo p-ment of a full and complete policy by the Ministry of Social Development and Seniors, in conjunction with the Ministry of Labour and the Human Rights Commission [HRC], and research necessary by counsel to determine what provisions will be affected for the pur-pose of harmonising the laws and making conseque ntial amendments and transitional provisions, [and] then of course the guidance and codes of practice that would have to be developed by the Human Rights Commission, it is a tota l exercise. It’s an important exercise, and it is one, which, if executed properly, would lend itself to fruitful, constructive debate in the House. But we are not there yet. We are not there yet. These are some of the steps that are necessary to be undert aken to ensure a more coherent and legally sound Bill. It is our considered opinion as guided by tact ical officers that if this Bill is enacted in its current form, it will cause considerable confusion and disharmony within a number of existing statutes. And that is huge. That is huge, Mr. Speaker. I understand the aspiration of the Shadow A ttorney General. I appreciate the sentiments of Members. Today I suggest, Mr. Speaker, that we dial back a bit and look at not only what is necessary to ensure that this legislation, or this policy proposal, can come to fruition but generally how we need to equip our Par-liament so Bills such as this can be given the scrutiny and feedback that is necessary for us to table som ething and for the Opposition to table a Bill that would actually be able to seamlessly achieve its purpose. So, it serves no purpose for us to put too much emotion behind this exercise today because it will not be supported. And that is, from my perspective, not a political move. But it is necessary for us to ensure that the Bills to be debated are actually tact ically sound. There is work to be done in that regard, Mr. Speaker. I welcome the opportunity for us to step back from this for a moment. I certainly appreciate the time that it has taken for us to get to this point. I appreciate the discord around who was consulted, who was not consulted. You know. Why didn’t we meet? Why . . . I get it. But we are where we are today. A similar argument could be made as to why a matter of this magnitude was not referred to [the] Law Reform Commission. So, we lack action on the whole concept of bipartisan activity and partnership in this jurisdiction that maybe we need to improve upon when it comes to the issues that are pivotal to pr ogress and development in t his country. A clear example was the previous Bill in relation to gangs. And surely this subject matter today can benefit from calm heads [and] proper resources. This is in no way i ntended to disrespect the Shadow Attorney General because I applaud the fac t that the issue is live. And if we are going to continue to make progress with r egard to equality, there is more work to be done than what we see represented by this Bill. 1548 1 July 2022 Official Hansard Report
Bermuda House of Assembly So, my suggestion is that we pause the tape, rewind it, and begin the process of r ealistically ident ifying the gaps from a practical point of view that need to be dealt with within the legislative framework. But more so, we need to have an honest conversation as a country on discrimination and what can realistically be done to change the actions and mind- set around the subject because we can all go back to the history books on this subject and see that discrimination is woven into our history, that discrimination has not been successfully addressed. So, we can’t keep ex-pecting the same s olutions that we come up with to be effective when, if we do the study, if we look at the data, they are relatively ineffective. I am suggesting that this is the case, if we find ourselves here today trying to push through legislation that may not be su pported by our practical reality. And with those remarks, Mr. Speaker, I rest my submissions for this afternoon.
The SpeakerThe SpeakerThank you, Attorney General. Does any other Member wish to speak? Any other Member wish to speak? Any other Member?
The SpeakerThe SpeakerIf no one else is going to speak, I will call on the mover of the Bill. It seems like no one else is willing to speak. So, MP Pearman.
Mr. Scott PearmanThank you, Mr. Speaker. Mr. Speaker, let me thank all of the speakers from both sides of the aisle who spoke tonight on this Opposition Bill. I may not agree with everything that was said on the Government benches or indeed the Backbench, but equally they made valid points. And …
Thank you, Mr. Speaker. Mr. Speaker, let me thank all of the speakers from both sides of the aisle who spoke tonight on this Opposition Bill. I may not agree with everything that was said on the Government benches or indeed the Backbench, but equally they made valid points. And I appreciate them contributing to the debate on this very important issue. I would respectfully disagree, and will disagree in a moment, with certain of the statements made which I think strain credulity. Let me work backwards with some of the arguments that were put. Firstly, to the Honourable and Learned Attorney General. I would commend her for the calmness with which she addres sed the debate. I note that the first thing she said about this Bill was that it is aspir ational. I agree. To me, aspirational is not a negative. I say: Dare to dream. I also note that of the four things this Bill seeks to achieve, the Honourable and Learn ed Attorney General (very fairly) said she supports increased remedies and penalties. I struggle to understand how that support for that fundamental element of this Bill can be reconciled with the argument that all of what we are seeking to do tonight already exists elsewhere. Either our Bill increases remedies and penalties, as it so very clearly does in clause 4, or it does not. So, you cannot say: I am with you on that, but actually it is nothing new. It is an increase and an improvement. I also want to touch on this point about bipartisanship. Mr. Speaker, I’ve only been in this House for four years, and when I had the privilege of giving my Maiden Speech in 2018, the key theme of that speech was a desire for bipartisanship. Sadly, I have seen very litt le bipartisanship in this House. It is more of a political football that is tossed around to accuse the other side of not doing what you want to do. And it was interesting to me that the Attorney General con-trasted our Bill with the earlier Bill seeking to fight the scourge of gangs in Bermuda. I say interesting b ecause we supported that Bill in a bipartisan manner as a reliable and sensible Opposition should. So, it is regrettable that that level of support on that important issue is not being reciprocated by the Government on this equally important issue. Hon. Kathy Lynn Simmons: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. Kathy Lynn Simmons: Yes. I have made it quite clear that my lack of support was not to the concept but the substance of the Bill. So, the two cannot be compared in the regard.
The SpeakerThe SpeakerThank you for clarification.
Mr. Scott PearmanLet me, then, Mr. Speaker, address that point of order, that her concern is not with what the Bill is seeking t o achieve but with the format, the process, the way it is written. Respectfully, the Honourable and Learned A ttorney General commands the Attorney General’s Chambers. She sits …
Let me, then, Mr. Speaker, address that point of order, that her concern is not with what the Bill is seeking t o achieve but with the format, the process, the way it is written. Respectfully, the Honourable and Learned A ttorney General commands the Attorney General’s Chambers. She sits in Cabinet. She is the Gover nment. She has had our effort, good or bad, for sev en months, since the 10 th of December. The Government has the power of amendment. If this Bill is good but not good enough, they could amend it —any part of it. If she likes the bit, if the Honourable Attorney General likes the bit about remedies and penalt ies, well let’s keep that. If the number is not enough, well, let’s i ncrease it. I mean, it was interesting that she criticised the concept of civil penalties saying that they were inequitable for small businesses. Again, I respectfully disagree. Just bec ause a small business is a small
Be rmuda House of Assembly business does not give it licence to discriminate. I don’t think that is an acceptable answer at all. Hon. Kathy Lynn Simmons: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading ] Hon. Kathy Lynn Simmons: The Honourable Member may be inadvertently misleading the House and making this clarification to amend this Bill to take into account the replication of existing provisions with very little standing. That is not an exercise you undertak e …
The SpeakerThe SpeakerThank you for your viewpoint.
Mr. Scott PearmanMr. Speaker, I may have many, many flaws as a human being, but I am not an idiot. I have been practicing human rights law for almost 25 years now.
The SpeakerThe SpeakerMember, I would not allow anybody to call any Member in the House an idiot. —
The SpeakerThe Speaker—I didn’t think that was being done.
Mr. Scott PearmanLet me get back to the substance. The Honourable and Learned Attorney General said there was no deficit in our human rights laws. And I wrote that down. That is something she said. If she is right that there is no deficit in our human rights laws that does not …
Let me get back to the substance. The Honourable and Learned Attorney General said there was no deficit in our human rights laws. And I wrote that down. That is something she said. If she is right that there is no deficit in our human rights laws that does not require filling by these Bills, this Bill, then why in the world is the Human Rights Commission doing a comprehensive review? They are d oing a comprehensive review because there is a deficit in our human rights laws, and this Opposition Bill seeks to fill them. All of them? No. Only four. But they’re all attempts to fill the lacuna in the law and to make the law better. It was s uggested t hat t here woul d be conf usion and disharmony w ith existin g statutes i f this Bill were to pass. With the greatest of respect, that is complete and utter nonsense. This Bill—
Hon. Kathy Lynn Simmons: Mr. Speaker. Point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. Kathy Lynn Simmons: I respect the Member’s characterisation of himself as not being an idiot. But I do not think that the persons who assist in the ex ercise of reviewing these Bills are idiots either.
Mr. Speaker.
Hon. Kathy Lynn SimmonsI am not suggesting that the Member has said that, Mr. Speaker. But I suggest that we not . . . I am trying to be polite and be respec tful here as the debate warrants. I would encourage, Mr. Speaker, the Member to be careful in his remarks.
Mr. Scott PearmanI will not only be careful, Mr. Speaker, I will be precise in the rebuttal of the sugges-tion that our Bill causes confusion and disharmony in existing statutes. Again, Mr. Speaker, this is not —
The SpeakerThe SpeakerMP Pearman, find your centre ground and stay in your centre ground.
Mr. Scott PearmanI will, and I will stick with the facts because that is the safest place. The fact is that this Bill is only seeking to do four things, four new things, I might add. Firstly, to give an interpretive tool to the courts, so that they can interpret legislation wherever …
I will, and I will stick with the facts because that is the safest place. The fact is that this Bill is only seeking to do four things, four new things, I might add. Firstly, to give an interpretive tool to the courts, so that they can interpret legislation wherever possible—relevant legislation —wherever possible for the promotion of equality. That does not exist in our law. That is not in the Human Rights Act. It is an interpretive tool that actually is an idea that emanated from Scandinavian law. And it is an interpretive tool that the Bermuda courts do not currently have. That is new. That is an improvement. That would help the court strike down discrimination in all its forms. Secondly, we seek to increase penalties. I have already dealt with that, and I am grateful for the support from the Attorney General for that second e lement. Thirdly, the Equality Council. What could possibly be wrong with having a focused and targeted group within the Human Rights Commission to focus on equal opportunities for training and advancements in the workforce, and equality, and attaining manage-rial and influential positions? It was suggested earlier, Mr. Speaker, that they would not be paid. Well, the people who get involved in human rights often do so out of the kindness of their heart. A lot of those com-missioners are there not for the money. They are there because they are trying to do what they believe is right. The fourth and final point: I do not see how it can cause disharmony and confusion in existing stat-utes to make the aspirational proposal that gover nment boards and councils, committees and quangos aspire to equal representation. In 2022, why can’t we have a board that is equally represented with men and women? What is wrong with that idea? Is that so cr a1550 1 July 2022 Official Hansard Report
Bermuda House of Assembly zy or novel? It is certainly new. It does not already appear in our laws, despite what some of the speakers said. So, again, all four of these elements are new matters, and they are new matters that I respectfully suggest would make Bermuda’s laws better. Now, it is said that it serves no purpose to be emotional on this i ssue because, as the Learned A ttorney General has made clear, it will not be suppor ted by the Government. Well, a lot of Bills go through parliaments the world over that do not get passed. It does not mean they were not right, and it does not mean that the law will not advance to be where they were at some later stage. So, I make no apology personally or on behalf of the Opposition for bringing a Bill that would have enhanced equality in Bermuda. What I think requires an apology is the fact that it is not b eing supported. And, again, that is to my deep regret. And we will see how that plays out. The Attorney General asked, Mr. Speaker. She said, We are where we are today. Where are we? If this Bill does not pass, I respectfully suggest we are no further forward. That is a shame. Mr. Speaker, just to address some of the ot her points raised by the other speakers. MP Simmons talked about the need to start tackling disparities. I agree. We agree. I respectfully suggest that this Bill does that. And he invited a grown- up conversation. I respectfully suggest that this conversation is a grownup conversation and I do not accept, respectfully, that this Bill does not achieve anything positive or [that it] already exists in our law. Turning finally, Mr. Speaker, to the comments made by the Honourable Minister who responded to the Bill, Minister Furbert. Let me start with a correction. I believe that the Honourable Opposition Leader misspoke in suggesting that I had tried to contact the Minister on more than one occasion. That is not correct. I did speak to her on one occasion and offered to meet. So, I would not want it said that it was on more than one occasion. Likewise, to avoid any confusion, I both met with and repeatedly consulted with the H uman Rights Commissi on. And I will leave that one there. The theme of the Honourable Minister’s r esponse was that there is no added benefit to our current laws by this Bill. I trust what I have had to say about its four elements shows respectfully that this is wrong, that there is an added benefit to giving our courts an interpretive tool to interpret legislation to promote equality. That is an added benefit. And there is an added benefit to having an Equality Council f ocused and dedicated on advocacy with businesses. And, b y the way, it is not just government businesses. It is private sector businesses, too. I think the Honourable MP from constituency 33 suggested there was no element here looking at private bus inesses. That is who the Equality Council will go and lobby, and teach, and help to educate. And I also want to make the point that the civil penalties in this Bill will be going back to the HRC, so they will have increased funding to go and promote the advocacy role that is envisaged by it. Of course, is there no added benefit to having an aspirational goal of equality of representation on boards? You cannot say there is no added benefit on the one hand and then say on the other hand, the Bill doesn’t go far enough because it should be all boards and not just public s ector boards. You cannot have it both ways. If you want it to go further, again, you are the Government. You have the power to legislate. You have the power to amend. One of the other speakers earlier today on our side did mention how often we have heard the refrain, Don’t let perfection get in the way or be the enemy of the good. I have always hated that phrase. I think it is a very unsatisfactory phrase. I have always preferred, Do it right or not at all. But to criticise this Bill for not going far enough when an Opposition is not entitled to bring a Bill and fund it out of the Consolidated Fund . . . It means we are only limited to changing aspects of the law without the benefit of allocating funds. So, we have if not one, then two arms tied behind our back. And the suggestion that it is not adding to the mission or that it creates red tape and bureaucracy . . . Is it really red tape to have an aspirational goal for equality of representation between men and women on a government board? How is that red t ape? Why shouldn’t that happen in 2022? Anyway . . . Back to the point that the Equality Council is unfunded. The reason for that . . . and you have explained it, and I am very grateful for the explanation to set the record straight, Mr. Speaker, is of course because we can’t fund them. It is an Opposition Bill. We can’t do it. But I do make the obvious practical point that the members of the Human Rights Commission from which membership the Equality Council would be drawn are already compensated. So, it is not as if they are going to do a great deal of extra work, although it will be more targeted and focused. And it will have those specific outcomes. I just want to comment on the suggestion that this was intended as a symbolic gesture. I respectfully disagree. I did challenge a Minister earlier who sought to impugn my motives for bringing this Bill. As all of us who have been involved in the production and drafting of Bills know, it takes a hell of a lot of time. We have been working on this —I have been working on this — for over two years. You said you wanted to have a good Bill. Respectfully, you have one. It was said that this lacks substance. That is clearly wrong. If the structure is inadequate, we will fix it. Move an amendment. We will agree. The process and interpr etation were wrong? Well, again, you ask two lawyers the same question, you get two different answers. I am pretty happy with how this Bill has come out. I think it would do good things for Bermuda. Moreover, let’s just be practical here. The Gover nment has had this Bill for seven months, Mr. Speaker,
Be rmuda House of Assembly since the 10th of December. If really they supported our sentiment but were unhappy with our structure, pick the phone up, flick me an email, invite me to a meeting. I would have showed up. So, there we are, Mr. Speaker. I am surprised to hear that the idea of equal representation between women and men on a board is an idea that lacks substance. I do not think it does. This is a chance to make our laws better. And I ask my honourable colleagues to take that chance with us. Let’s see if we can make the law a little better. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Pearman. As the mover of the Bill, you can ask that we go into Committee.
Mr. Scott PearmanThank you, Mr. Speaker. I move that the Bill be committed.
The SpeakerThe SpeakerAre there any objections? Hon. E. David Burt: Yes, Mr. Speaker.
The SpeakerThe SpeakerPremier? Hon. E. David Burt: Yes, Mr. Speaker.
The SpeakerThe SpeakerI asked if there were any objections. You responded? Hon. E. David B urt: Yes, Mr. Speaker.
The SpeakerThe SpeakerOkay. I’m waiting for further comment. Hon. E. David Burt: Mr. Speaker, if the Bill is to be committed, it has to go to a vote. So, I am objecting so that the vote can be held. The Deputy Clerk: There are no other obj ections. We need three objections …
The SpeakerThe SpeakerYes, that is what I am waiting for. The Deputy Clerk: —for a vote. Hon. Diallo V. S. Rabain: I object, Mr. Speaker. Mi nister Rabain. Hon. Michael A. Weeks: I object, Mr. Speaker.
An Hon. Member An Hon. MemberI object, Mr. Speaker.
Some Hon. Members Some Hon. MembersObject, Mr. Speaker.
The SpeakerThe SpeakerOkay, we've had three [objections]. So now we will take a vote call. The Deputy Clerk: Okay, Mr. Speaker, w e will do the two minutes to allow Members to come online before we start calling the names. So start the two minutes now.
The SpeakerThe SpeakerTwo minutes will start right now. Yes. [ Pause] The Deputy Clerk: Mr. Speaker, we should point out that the normal procedure on these votes is to require Members to have their cameras on at the time that they vote. So, Members, be aware that when you give your vote …
Two minutes will start right now. Yes. [ Pause] The Deputy Clerk: Mr. Speaker, we should point out that the normal procedure on these votes is to require Members to have their cameras on at the time that they vote. So, Members, be aware that when you give your vote you should have your camera on. Thanks. Okay, we have got 20 seconds. [ Pause]
The SpeakerThe SpeakerThat’s the clock, Mr. Somner. Members, this will be a name call. Mr. Somner will call your name. In order for it to be recorded, we not only have to hear you, we have to see you. We are now at a vote that's going to either support or oppose …
That’s the clock, Mr. Somner. Members, this will be a name call. Mr. Somner will call your name. In order for it to be recorded, we not only have to hear you, we have to see you. We are now at a vote that's going to either support or oppose the matter going into Committee. Those in favour of it . . . We ll, Mr. Somner will [call] you individually. I was about to . . . The Deputy Clerk: Those in favour of it going into Committee will vote Aye; those opposed will vote Nay.
The SpeakerThe SpeakerRight. Mr. Somner will start calling you individually, and as if we were in the House, that two- minute per iod just now, I would ask Members to return to their seats to participate. Any Member who has not entered inside of those two minutes will not participate, so we …
Right. Mr. Somner will start calling you individually, and as if we were in the House, that two- minute per iod just now, I would ask Members to return to their seats to participate. Any Member who has not entered inside of those two minutes will not participate, so we are keeping a close check on Members who are regi stered online at this moment. They will be allowed to participate; anyone coming after that will not. Mr. Somner. DIVISION [Motion to commit the Equality Act 2022 to a Committee of the whole House] The Deputy Clerk: Mr. Adams. [ No audible reply]
The SpeakerThe SpeakerMr. Adams, did you respond? The Deputy Clerk: I didn’t hear it.
The SpeakerThe SpeakerOkay, go on to the next person. The Deputy Clerk: Lt. Col. Hon. David A. Burch. [ No audible reply] 1552 1 July 2022 Official Hansard Report Bermuda House of Assembly The Speaker: Colonel, we can’t hear you if you are responding.
An Hon. Member An Hon. MemberI think that “Nay” was MP Adams,
Mr. Speaker.
The SpeakerMr. Adams, we had moved on. Once your name is missed, sir, we do not go back. If you were not on the camera when we were callin g . . . if your camera was not on when we were asking for you, unfortunately, you missed the vote. The …
Mr. Adams, we had moved on. Once your name is missed, sir, we do not go back. If you were not on the camera when we were callin g . . . if your camera was not on when we were asking for you, unfortunately, you missed the vote. The next person after Minister Burch is MP Burgess.
[The Deputy Clerk continues to call the Division] Ayes: 6 Nays: 21 Mr. L. Craig Cannonier Lt. Col. Hon. David A. Burch Hon. M . H. Dunkley Hon. D . V. Burgess, Sr. Ms. Susan E. Jackson Hon. E. David Burt Mr. Scott Pearman Ms. Crystal Caesar Mr. Jarion Richardson Mr. Wayne Caines Hon. N. H. Cole Simons Hon. Vance Campbell Hon. Tinee Furbert Hon. Wayne L. Furbert Hon. Jason Hayward Mr. Dennis Lister III Hon. Diallo V. S. Rabain Mr. Anthony Richardson Mr. Jamahl S. Simmons Hon. K. L. Simmons Mr. Scott Simmons Mrs. I. Simmons -Wade Mr. Hubert (Kim) E. Swan Mr. Neville S. Tyrrell Mr. Jason Wade Hon. Michael A. Weeks Hon. Kim N. Wilson
Absent : 8 Mr. Jache Adams Hon. Zane J. S. DeSilva Mr. Curtis L. Dickinson Mr. Christopher Famous Ms. Lovitta F. Foggo Ms. Renee Ming Hon. Walter H. Roban Hon. W. Lawrence Scott
The Deputy Clerk: Okay Honourable Mr. Speaker, I make the vote as follows. There are six Ayes and 21 Nays. The motion is defeated on division.
The SpeakerThe SpeakerMembers, you heard the count which means that the matter will not go into Committee, and ends at t his stage here. Thank you. [Motion to commit the Equality Act 2022 to a Commi ttee of the whole House failed on Division.]
The SpeakerThe SpeakerWe will now move on. There is no other business on the Order P aper for today, so I will go to the third readings on the other Bills. Go ahead and do the third readings. I have a comment to make after the third readings. Premier. SUSPENSION OF STANDING …
We will now move on. There is no other business on the Order P aper for today, so I will go to the third readings on the other Bills. Go ahead and do the third readings. I have a comment to make after the third readings. Premier.
SUSPENSION OF STANDING ORDER 21
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill ent itled the Bermuda Monetary Authority Amendment Act 2022 be read now read for the third time by its title only.
The SpeakerThe SpeakerAre there any objections? There are none, continue. [Motion carried: Standing Order 21 suspend ed.] BILL THIRD READING BERMUDA MONETARY AUTHORITY AMENDMENT ACT 2022 Hon. E. David Burt: Thank you. Mr. Speaker, I move that the Bill entitled the Bermuda Monetary Authority Amendment Act 2022 be read for a third …
The SpeakerThe SpeakerMembers, the Bill has been read a third time by its title only and is now passed. [Motion carried: The Bermuda Monetary Authority Amendment Act 2022 was given a third reading and passed.]
The SpeakerThe SpeakerMadam Attorney General. SUSPENSION OF STANDING ORDER 21 Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled Criminal Code Amendment at 2022 be now read a third time by its title only.
The SpeakerThe SpeakerMembers, are there any objections? There are none, continue Minister. [Motion carried: Standing Order 21 suspended.] Be rmuda House of Assembly BILL THIRD READING CRIMINAL CODE AMENDMENT ACT 2022 Hon. Kathy Lynn Simmons: Mr. Speaker, I move that the Bill entitled the Criminal Code Amendment Act 2022 be now read …
The SpeakerThe SpeakerMembers, the Bill has been read a third time by its title only and has now passed. [ Motion carried: The Criminal Code Amendment Act 2022 was given a third reading and passed.]
The SpeakerThe SpeakerThis brings us to a full conclusion of the business side. The next will be left for the Premier to move us to the motion to adjourn. Premier, before you do that, I feel obligated to make a comment. SPEAKER’S COMMENT ON THE DIVISION ADULY NOTED “ABSENT” MP VOTING IN …
The SpeakerThe SpeakerAnd the comment was simply . . . I am not going to name any individual, but when the House and the Speaker have been duly noted that a Member is going to be absent, I am extremely surprised that that Member would choose to participate in a vote if …
And the comment was simply . . . I am not going to name any individual, but when the House and the Speaker have been duly noted that a Member is going to be absent, I am extremely surprised that that Member would choose to participate in a vote if they had asked us to acknowledge their absence for today. That is how the House began this morning. It [the absence] was duly noted on the Order Paper and we did that at the request of the individual. I will leave it at that. Premier, would you like to move the motion to adjourn? ADJOURNMENT Hon. E. David Burt: Yes, thank you very much, Mr. Speaker. Mr. S peaker, I move that t his H onourable House do now adjourn until Friday, July 15 at 10:00 am.
The SpeakerThe SpeakerDoes any Member wish to speak to that? Hon. E. David Burt: Mr. Speaker, if no one is speaking, I am.
Mr. Anthony RichardsonYes, Mr. Speaker. The Speaker: Mr Richardson, would you like to speak?
Mr. Anthony RichardsonCan you just give me a moment to myself please so I can come on camera as required? Mr. Speaker, can you hear me and see me?
The SpeakerThe SpeakerYes, I can. SUPPORTING PUBLIC EDUCATION
Mr. Anthony RichardsonGood afternoon to you, Mr. Speaker, to my fellow colleagues and the listening audience. Mr. Speaker, this evening I would like to speak in the context of the Bermuda public school system. We all know that this is a season whereby we celebrate . . . I spoke on this …
Good afternoon to you, Mr. Speaker, to my fellow colleagues and the listening audience. Mr. Speaker, this evening I would like to speak in the context of the Bermuda public school system. We all know that this is a season whereby we celebrate . . . I spoke on this earlier, but we celebrate the movement of our various children through various school systems, be they primary school, middle school, senior school, Bermuda College, and univers ities. And for me, Mr. Speaker, this week represents to some degree the end of an era. I say that, Mr. Speaker, because for me, my immediate or direct involvement in the public school system comes to an end because my youngest child, my son, actually graduated this year having passed through all three or four sectors of the public school system, and it means that I have no dir ect involv ement in the PTAs and other aspects of the public school system. But I want to make sure that I offer a commendation to all those who participate in the school system, all of the administrators, all of the edu-cators, all of the support staff who do what they do, because, of course, it is very, very important. Mr. Speaker, I am going to use an analogy of a parent who may have a child that sometimes comes home with results that would reflect, for example, four A’s and a C. In that context sometimes we focus more on C as opposed to the A’s. And I know that at some time in my parenting, I guess, I have been accused by my children for focusing more on the C than the A’s. But I want to make sure that today I do not make that mistake and I focus on the four A’s of the public school system. I also say that this week I was blessed to attend the Berkeley Institute graduation and before leav-ing home I made a conscious decision to actually wear a Berkeley tie. And it was interesting that without any comment I simply walked up to the National Sports Centre and there were comments from those who know I am not a Berkeleyite and why I would have the audacity to wear a Berkeley tie. And for those who know that I am a Warwick Academy gradu-ate, they would say the reverse, how dare I almost disrespect the Warwick Academy tie. There was obvi-ously some positive banter around that. But it made me reflect on the fact that in Bermuda, there is the 1554 1 July 2022 Official Hansard Report
Bermuda House of Assembly importance of the schools. And if it works correctly there is a positive identity with either school system. I am not going to comment of course, on, you know, are schools being better or worse. But I just want to make us understand that it is important that we respect and honour all the good things, the A's of our public education. And, yes, there are some C elements. But I think sometimes what happens is we accentuate the C’s and forget the A’ s. And I know, again as a parent, that sometimes, a lot of times, if you spend enough time emphasising the A’s the C’s will almost self -correct, for the children themselves will take time to realise that there is a greater positive on good results, and they will correct them. So what I am saying now is, I would encourage the general public to take more time and focus on what are the signific ant positives of public education, recognising that they are not perfect and also recog-nise that my experience is not going to be the same as everyone’s experience. But I want to emphasise the fact that by and large Bermuda’s public education system is doi ng a good job on two accounts if two things obtain. One is, if we as parents make it our pr iority to ensure that our children are ready to learn; and number two, if you make sure that we as parents provide the support necessary for our children, irr especti ve of what their . . . I guess what their basic i nterest is. So, moving on from the positive banter around the Berkeley graduation attendance, I also want to reflect on the fact that during the past several years I have attended several of the Berkeley aw ard cerem onies and the like, and I have always been impressed by the fact that when they have their school cerem onies, no matter who gets an award, the entire student body celebrates each person almost equally. And that strikes me because clearly each chil d is not going to be as “popular” (quote/unquote) as the next. But I have always been impressed by the fact that the st udents collectively celebrate each person’s success as if it was their own. I also reflect on the fact that I saw or heard some of the p arents from a middle school graduation, Dellwood, and some of them were lamenting the fact that their children did not necessarily do as good as they expected. And I only comment on that to say that we have to understand that the celebration at the leaving ceremonies or on graduation day is not based upon that day. It is based upon an investment that starts on day one. And so whether it be middle school, you start at M1 and work your way through. Primary school, of course, you start P1 and work your way through, and senior school you start at S1 and work your way through. But it is that continuous investment that allows you to have that full celebration on the day, graduation day or school leaving day. And it doesn't mean that all children will have maximum success. But I do not see that as being the measure of success. The measure of success is each child maximi s-ing their potential. And that is what I want to encourage us all to celebrate. I want to also comment on the fact that many times public education is criticised because it is su pposedly so expensive. But in that regard, I want persons to reflect on the fact that I remember when I was doing the budget for education when I was a Senator, there was an allocation of more than $18 million for support serv ices in public education. And I want to commend in that sense Mr. John Duncan and the team at the Success Academy on Roberts Avenue, because that is a part of the public school system that benefits from government funding that also [affects] the overall ex pense of the government funding. But those persons are dedicated to what they must do. And I am aware that there are at least three students who graduated, and they themselves would speak of the fact that, yes, they may have come out of whate ver the other school was, but based upon the direct intentional focus on them as individuals they were then able to redirect their own energy and, accordingly, have success. So, I want to emphasise the fact also that we need to make sure that we celebrate the educators amongst us because if we go back —back in the day, as they say —the educators were significantly r espected in our communities, which we don't now see. And we need, I think, to re- establish that to ensure that our children understand that perspective, b ecaus e that would also encourage them to do better. It's almost a matter of that self -fulfilling prophecy, to see the school system as a success —not perfect, but as a success—and therefore we would see much more success in that regard. I'm also aware, Mr. Spea ker, that right now there are actually many job options available in var ious sectors. Members spoke earlier today in terms of the need for more jobs in the hospitality sector. I know there is more need for employees in the trades. There are more jobs avail able for those in international bus iness. But the problem is we don't know if there are people readily available to take on those jobs. So again, I am asking parents to redouble their efforts to support public education to ensure that their children are definitely ready for learning. Mr. Speaker, someone’s microphone is on and it sounds like somebody is typing in the bac kground. I’m not sure we can get them to turn their m icrophone off. I will also say, Mr. Speaker, as a direct comment that relates to me through the public school sy stem, it would have involved, for me again, at Port Royal Primary in past years for my children, I want to commend the principal and deputies, which would have been Holly Richardson (yes, my wife), Ms. Tajuana Dean, who is now Ms. Tajuana Dean Swan, and Ms. Marsha Rollins. The next phase of my chi ldren was Whitney Institute Middle School, Miss
Bermu da House of Assembly Reeshemah Swan as Principal, Dr. Stacey DeShield as the Deputy. And then at the Berkeley, Ms. Keisha Douglas as Principal, and Deputies Q uincy Paynter, Nadia Robinson and Tiannia Symonds. And I don't like to do this, but I also want to mention Ms. Michelle Camara, and Ms. Kennika Smith, who is now Ms. Kennika S imons, because they were the school leads for that year level and they start at S 1 and carried them all the way through. So they had a significant impact on my children in the public education system. I am also reminded that for Berkeley and C edarBridge there is a dual enrolment programme which is a combined programme between the Government and the Bermuda College. But by doing so, there has been significant success through that programme and many children have been able to go there. They are allowed to develop more as more responsible adults, I suppose, because the college has much more independent learning, especially from the perspective that if you don't come to class, no one chases you up. If you don’t do your work, no one chases you up. So you need to develop that sense of personal responsibility to get those things done. So, in t hat regard, I certainly commend Dr. Duranda Greene and her team (and I emphasise “team”) for doing such a good job. And, of course, I guess collectively to commend the Gover nment for the HeadStart Programme because all chi ldren who maintain the 2.0 grade point average are able to attend Bermuda College tuition free, which saves the parents quite a bit of money. In closing now, Mr. Speaker, I want to commend two persons, well actually four, but Ms. Shanika Woodley who is now Mrs. Sha nika Tucker, and Ms. Maura Almeida and also Mr. Clarence Dill. And I mentioned this person in particular, not because others have not contributed, but each of these persons, Mr. Speaker, was able to do what we refer to as every day a teacher has the opportunity to change somebody 's life. Every day a teacher has an opportunity to change a student's life. And each of those played a particular role in my children’s education, and one, Ms. Wood-ley, as a teacher for P1 was able to make learning come alive, reading and those things come alive for children at age five. And obviously not just my chi ldren, but others also. I want to just commend her from her start. And Mr. Clarence Dill was able to make hist ory come alive for many children at Whitney and caused them to be turned on to hist ory and now wanting to learn it a little bit more. So, Mr. Speaker, in concluding, I would like to again emphasise that there is a lot of positive about education that we need to start to exemplify and to emphasise as we move forward. I commend the cur-rent Minister and his team as we now move to a di fferent phase of education in Bermuda. He spoke ear-lier also in terms of the Signature Schools. And I commend him also because he has been on the ai rwaves promoting the new Signature system. And the people who have been with him have been so enthusiastic that if you listen to them and understand what they are saying, you can't help but be hopeful as to what education in Bermuda will mean as we move forward. And the final (I keep on saying the final) . . . my fi nal comment will be this. I will be an impostor to say Respice Finem. I understand what it means, but I will also quote what is even more for me, which is quo non ascendam, to what heights can we not achieve or not aspire. And final, final, I want to comm end for reasons that they will know these five people who bas ically formed their own cohort in Whitney from M1 and carried through to the Berkeley at S4 and all graduated. And they are (in no particular order): Kalla n Ric hardson, Ra quan Woolridge- Butterfield, Kenai T albot, Diego DeFrias, and Kareem Marcano, they represent a complete diversity of students built upon bac kground, nationality, scholastic ability, athletic ability, but they all came through. And so, Mr. Speaker, I again commend public education and all the educ ators. And again to the parents. Please ensure that you continue to support your children because, based upon public and private education, they are able to achieve much more if we support them [rather] than if we continue to criticise and cause them not to really thrive in the public school system. So thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Hon. Diallo V. S. Rabain: Good evening, Mr. Speaker. Hon. Michael H. Dunkley: Mr. Speaker.
The SpeakerThe SpeakerMinister of Education. Hon. Diallo V. S. Rabain: I'll defer to, I’ll defer to Mr. Dunkley.
The SpeakerThe SpeakerYou have your 30 minutes. SUPPORTING PUBLIC EDUCATION Hon. Diallo V. S. Rabain: Okay, thank you. Mr. Speaker, I will not need . . . hopefully five minutes. Mr. Speaker, I just want to follow on from MP Richardson to express my sincere gratitude to all of our educators and …
You have your 30 minutes.
SUPPORTING PUBLIC EDUCATION Hon. Diallo V. S. Rabain: Okay, thank you. Mr. Speaker, I will not need . . . hopefully five minutes. Mr. Speaker, I just want to follow on from MP Richardson to express my sincere gratitude to all of our educators and the amount . . . and the tough year that we've had this year, Mr. Speaker. Notwithstanding, having to deal with COVID -19 yet again for one more year and the things that came with that, we have pushed ahead and we have put in place a system that is going to deliver us our Signature Schools in Sep1556 1 July 2022 Official Hansard Report
Bermuda House of Assembly tember. We have put in place the math intervention programme that is showing tremendous promise at the primary level and no w at the middle school and senior level. Mr. Speaker, we will be having the Reading Intervention Programme starting up in September. The educators and all of those who have given and sacrificed not just to be in the classroom to educate our children, but have given up their spare time, that have given up, you know, their time after work and sometimes during work. To all of our principals that have worked with us to help arrange coverage for teachers who had to be out of the class to help us design, move forward to the system, design teams to the Signature Learning Programme teams to every single one of the persons who have sacrificed, those who have been in the sessions doing the things that needed to be done, to those who weren't in the sessions but helping to cover for those who had to be in the sessions. Every single person was pulling in the right direction, Mr. Speaker . And it speaks volumes to what can be accomplished when we are all pulling in the right direction, Mr. Speaker . I spoke earlier about th e Signature Programme and the taster programmes that have been put together for our middle school students and for their parents and for the middle school teachers . And I spoke about some of the comments that even the teachers and the students have had and how i t was just an eye opener for them to be able to, you know, visit these programmes , see what they are about and be able to select a programme that suits what it is that they are interested in now. I want to say thank you to all of the people who came up to our town hall , to listen to our radio shows, listen to our online shows , and l isten to the radio interviews that we have, Mr. Speaker . You have all played a significant part in helping us get to where we want to go. During our town hall meeting on T uesday , Mr. Speaker , I was asked an interesting question and that was . . . someone asked, Well, can we have an example of what we're doing somewhere else in the world so I can take a look at it ? And the interesting answer that came from the L earning First was, We hope you don't see what we're doing anywhere else in the world. Because what we are doing, Mr. Speaker , is being designed by Bermudians for Bermudians. And this is unique for us. What we've looked at is best practices from around the world; but we are impl ementing them and having what we call co -designing conversations . And that is between our educators, between our parents, between our students, between the general public, whether it be the business sector or just the general community on what it is that they want to see in the classroom, what ideas they have for our children and what it is that our c hildren need to be in order to be successful. We have used research, Bermudian research, Mr. S peaker , to figure out and make decisions around the types of things that are needed. So, I just want to take this opportunity to say thank you to every single person, to hundreds of people who have committed themselves over the last 28 months to get us to September 2022. Mr. Speaker, I want to thank those who have come on board already and have committed themselves and already started working on the work that needs to happen in order to get us ready for September 2023 with our primary schools at Francis Patton [Primary] and at Purvis Primary, as well as the new signature tracks of hospitality and tourism and educ ation services , Mr. Speaker . We could not have done any of that without their sacrifices , without them agree ing to come and do what needs to be done, Mr. Speaker. One of the most powerful testimonies that I always say whenever anyone ask s me about this is in talking to a teacher , and hearing them say, Y ou know, when we went through this process, I was sceptical . But, you know, as we developed it, I've come on board. I'm enthusiastic, I even encourage my other educat or friends to get involved. This stuff is real . And then when you hear them say, W hen we went over the final product and I saw my idea there on the wall as what is going to be implemented, t hat's when I knew that this wasn’t about lip service. This was about actually listening to the people who have come out and listening to the people who are in the trenches and listening to the people who want the best for our children. So, as I said, Mr. Speaker, I didn't want to take up too much time, but I w anted to take this o pportunity to give my heartfelt gratitude and thank ev ery single one of those educators who have come out, every single one of those parents, the students, the public sector, the business sector, every single one of you, thank you very much from the bottom of my heart. And I look forward to us heading into S eptember with our S ignature Programmes in place at the Berkeley Institute and CedarBridge Academy , and moving forward with education reform as we just want the best for our students. We want to meet them where they are and we want to be able to give them every opportunity to succeed and fulfil their destiny , Mr. Speaker . Thank you for allowing me those few minutes ,
Mr. Speaker. I appreciate it.
The SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time? Hon. Michael H. Dunkley: Yes, Mr. Speaker .
The SpeakerThe SpeakerMP Dunkley , you have the floor. Bermu da House of Assembly TRAVEL AUTHORISATION FORMS Hon. Michael H. Dunkley: Yes, good evening, Mr. Speaker . And let me support the Minister in his co ngratulations to all of our teachers and all the professionals in the education industry. They have …
MP Dunkley , you have the floor.
Bermu da House of Assembly TRAVEL AUTHORISATION FORMS
Hon. Michael H. Dunkley: Yes, good evening, Mr. Speaker . And let me support the Minister in his co ngratulations to all of our teachers and all the professionals in the education industry. They have a tr emendous responsibility and they work under difficult conditions with some of the challenges we discussed today . But let me echo tho se congratulations and best wishes for them . May they enjoy some of the time off in the summer . I know they have to prepare for the next year as well. And also let me congratulate all of those individuals who graduated, no matter what level of educ ation, Mr. Speaker, because they made a significant step, no matter what level they graduated from. And let’s hope that they continue because education is the key to empowerment in many areas. Mr. Speaker, tonight I wish to speak on a subject I have spoken to man y times before and I will start with the preface that if a Government can’t fix simple, if a Government can't fix the easy things, how can we expect any Government to fix the most difficult things? I say that, Mr. Speaker, because I tend to f ocus in the i nitial part of my motion to adjourn tonight on the travel authori sation [TA], a matter which I have discussed a significant number of times , quite simply because it is an important matter. It's a deterrent to Bermuda and it is hurting Bermuda and Bermudians . So, Mr. Speaker , I question. This is such a simple thing to fix and G overnment ’s reasons for continuing don't seem to be feasible to me. If it’s such a simple thing to fix , how can we ever expect to deal with more difficult problems , Mr. Speaker ? Mr. Speaker , it is clear because even as late as last night and through this week , I continue to get questions and concerns from people, locals and vis itors, about the travel authori sation. Yes, I have been fortunate enough to travel recently and I have gotten used to working on the computer and dealing with forms and applications that you have to make on the computer. So I didn't really have any issue with it , Mr. Speaker . But I did have an issue that when all the i nformation was sent through, I was still under an orange waiver when, clearly, I had a negative test and I had vaccination records there. So it is a deterrent. It is an annoyance, and it is an aggravation. And Mr. Speaker , sadly , Bermuda is getting left behind because, while the G overnment wants to talk in glowing terms about the financial position is better than they budgeted for and everything that they are doing and the Premier is putting money back in people's pockets , the reality is that the rest of the world is open ing up. And American airports ar e chock - a-block this weekend, but it's not because they are coming to Bermuda. Let me be very clear on that , Mr. Speaker . It's not because they are coming to Bermuda because our flights aren't at maximum capacity in any way. They are going to other places. People have a choice. They are itching to get out and travel and we know , Mr. Speaker, that even Bermudians are itching to get out and travel . And I respect that . I understand that. And I urge people to get out and about taking proper precautions and wear ing masks, Mr. Speaker. But we know Bermudians want to get out and travel because we are having issues with passports being time delayed and challenges made in that r egard. But Bermuda is getting left behind because it started with other jurisdictions beat ing us to the punch in relaxing restrictions and eliminating most r estrictions going along. And I made a point of speaking to this over and over again. First, it was a few weeks ago, Italy relaxed all restrictions and then other Caribbean destinations . And then more recently , Mr. Speaker, I think it was probably . . . it was actually . . . it was just two weekends ago when the United States on Father’s Day, J une 19, said that you would not have to provide a negative antigen test to enter into the country. S o we're getting left behind , Mr. Speaker . And in the competitive world that we live in and a small jurisdiction that has to punch way above our weight to be successful , there is no excuse for us to be left behind. So I ask the Government again, what are we waiting for ? Now, Mr. Speaker, to recap where we started, it was clear in the beginning, and I think most people support ed when the travel authorisation was formed, was put in place, I guess after the early stages of COVID -19, after the airport had been closed and it was slowly opened up again, it was put in place to protect our borders and the cost was to cover the cost of testing. I think no one had any issues with that. I certainly didn't have any issues with that , nor did my colleagues ha ve any issues with that because we were very uncertain, and we were unsure what the future would bring. And so while we supported ope ning the borders, we also supported that we had to pr otect our borders because we didn't know what was next and Government was doing a s ignificant amount of testing and we needed to re- coup some of the cost some way. So few argued with this . But, Mr. Speaker , where are we now? We have clearly moved on from that and G overnments have continued to say that we must learn to live with COVID -19. So if we must learn to live with COVID -19, it surely doesn't mean we have to learn [to live] with the Travel Authori sation Form while everyone has moved on. It surely doesn't mean that people need to have the continued deterrent and aggravation and annoy ance of it . And let ’s face it. I think people’ s pressure levels ––as a Bermudian word that people will use all the time when we refer to our how we are feeling about things ––I think Bermudian’ s pressure levels are at a higher level than normal because of COVID19, because of restrictions. It changed our way of life with wearing masks and things like that. So I get that. 1558 1 July 2022 Official Hansard Report
Bermuda House of Assembly But now if Government wants us to move on, we must get back to a more normal way of life. And filling out a form every time you come back h ome, and filling out a form for visitors when they want to come here, is just not going to work . Visitors will go som eplace else. I think it was on Tuesday , I had a visitor [say he was] coming to the Island in August. [He] had just been to Aruba and was pleasantly surprised to see that there were no restrictions there and he didn't understand why Bermuda had these restrictions. And so Mr. Speaker, we have questioned the G overnment. First, there was a mixed message from the G overnment on why we were keeping the Travel Authoris ation Form. And then finally a G overnment Senator , a person who sits in another place, came with the reply , [it was] because [the Government] needs the money . Now Mr. Speaker , I'm not surprised at that comment, but I am surprised that this is the reason for whywe are keeping it . Because surely the Travel Authorisation Form is not protecting our borders at the present time, i n spite of what G overnment might argue. I don't believe it is protecting our borders because we have significant c ommunity transmission of COVID -19. So while , of course, we want to make sure that we don't impart things into our community that can be a detriment to it. Clearly , there is significant transmission throughout the community of COVID -19. Now, Government has admitted that there are significant complaints about the T ravel Authorisation Form. And based on that , while we were in a compet itive world where people can travel anywhere they want to go right now, why would we put in another deter rent for people to deci de not to come to Berm uda? I know G overnment is hearing the message because I was fortunate enough a short time ago to be in the company of two of our leading hoteliers . We discussed the travel authorisation and they were a damant —adamant , Mr. Speaker —that it must end and they even passed the message on to the G overnment. So I know G overnment is hearing the message. More recently, Mr. Speaker , the chairman of the [Bermuda] H otel Association , I believe, said the same message publicly on TV, that it should end and (in my words ) that it's a deterrent to Bermuda going forward. So having said that , our closest neighbour and our biggest trading partner has eliminated the testing requirements to enter that country , why are we stuck with i t just for the money ? Yes. So Government does need the revenue. They do need the money. But two things come to my mind here, Mr. Speaker. The first thing is Premier Burt indicated today in the financial update on Government ’s financial position that G overnment finances were trackin g better than they expected. And he took great , great pleasure, I think , in talking about the f inances. So, Mr. Speaker , if Government finances are tracking better than they expected, o ne way to put money back into the people’ s pockets and one way to attract more people to Bermuda is to eliminate the TA and help the people. I think this is a significant point to remember . Government finances are tracking well ahead. They could improve even more if the TA was eliminated. That's because I believe more people will come to the Island, more people would spend money on the Island. Government would make, obviously , revenue from people coming here. So would the rest of the community —hotels, restaurants, taxi drivers, all the services throughout —they would [all] make more money. Now, t he second point, Mr. Speaker , in regard to why they are keeping it for the money is because perhaps there are things about the contracts revolving around resQwest and what they need and the oblig ations behind them , Mr. Speaker. And I am not saying this in any way . . . before somebody jumps up to the point of order or critici ses me when I finish speaking. I am not saying that this in any way to cast aspersions in any direction . But Mr. Speaker, for some months now, in spite of questioning , the Government has failed to answer many of the questions about how much money has been paid into the C onsolidated Fund in fees for the travel authorisation. We got some original answers and some answers over the beginning of the TA form, but recently t here has been little. How much money has been contributed into the Consolidated Fund, Mr. Speaker? And how much money . . . just the same type of question, how much money has been paid out in fees to consultants or anybody related with travel authorisatio n contracts ? And Mr. Speaker , I think it is important that the people of Bermuda see these contracts because a question to the H onourable Premier and colleagues , are any of these contracts impeding the ending of the TA? In other words, if the Government decided to end the TA , would they still have to pay fees associated with a contract until the end of the contract , Mr. Speaker? Because inquiring minds want to know . Well, maybe we cannot end the TA because we have obligations . We have to pay out under it. And that's why they said until the end of . . . I think the Premier alluded to April of 2023, maybe the contracts go into April 2023 and then we can end it at that point , Mr. Speaker. But none of this is valid if we really want to progress Bermuda going forward . Because while the rest of the world is trying to come out of COVID -19, Bermuda is still stuck with a form that served its purpose, but now it serves no purpose, Mr. Speaker, because Bermudians and visitors are being annoyed, inconvenienced and some are going to other places because of this , Mr. Speaker . So I ask the Government , if you don't want to listen to the O pposition , and you don't want to take what we say with any credibility , please listen to the
Bermu da House of Assembly people. We know you've heard it . And it's not just one or two people. We know in the corridors that you're walking for your meeting, Government Members , you are hearing the same thing —to end it . Now, Mr. Speaker, all of this conversation around the TA undermines trust and credibility in an organi sation . Because first you start out by saying we're having it because it's needed for border protection. Yes, we agree. And we are putting a fee because there is cost involved. But now that we are opening up and we are learning to live [with] COVID -19 and Government is testing much less now nowadays , and many people are going out to private labs to get tes ted because they can do that , all of that falls away . So Government has switched, and people are starting to lose trust in the credibility of what they ha ve to say. And this G overnment has a significant majority. But when you start to be undermined by the lack of trust that people have in you , when your talk doesn't a ppear straight anymore, you're depleting the trust that you have and it's causing challenges . And when we face this difficult time , it will be more and more difficult for people to get on board. And little things add up and become big things Mr. Speaker . You know, just today when we questioned the House on two issues , first, the Premier on a financia l update. The Premier was asked over and over again, Can he present the preliminary numbers ? And he said, Well, I prefer to [do that] when we do the Bill. But if you bring questions about a financial update of Government and you talk about the gas tax , and the savings of it [being] $23 for a tank fill -up, how do you know that you're following the guidelines you put in place about 50 per cent of the savings go back to the people? How do we know ? It's our responsibility to ask questions. But the G overnment was reticent to give those answers . And then further i n the question [period], Mr. Speaker , the Immigration Minister , when being questioned on the passports and the reason why the UK Government stopped allowing us to do it. We questioned over and over and ov er again. And finally after we had moved on from there, the Minister came back (when he couldn't give an answer before) and said it was over security issues. So, Mr. Speaker, this is why people are starting to lose faith and trust in this Government. It's the things you see and you hear, and some of the other things you see, but you hear not hing about . Little things become big things , Mr. Speaker. And so when G overnment talks about we are going to reduce the cost of living, people forget about some of the other decisions that G overnment made, that just don't add up. Mr. Speaker, I hold up in front of you, in front of people, for all people to see . . . this is a lemon. Now many things . . . you'll see the sticker on this lemon. This sticker has to be put on every carton of produce, of citrus , that comes in from the United States because there are some states where you are not allowed to bring citrus in because of some of the bugs they have (to simplify it ). They say if the box is marked “produced and packaged in California, ” that's not good enough because somebody could change the fruit in the box . So we would need to put a sticker on [each piece of citrus] . Mr. S peaker , this sticker costs money to put on . Some sources tell me from 4 [cents] to 8 cents for each lemon. So we are inadver tently raising the cost because somebody believes that, while you might change the fruit in the box and keep the name of the box on it , but if we put a sticker , you won’t. W ell, what is stopping people from forging these things an d put ting them on the fruit themselves ? So we are raising the cost of living over hair - brain ideas that we should get rid of . For example, Mr. Speaker, bananas . Bananas are a staple in the Bermudian diet. Unfortunately , we can't produce enough of them for many reasons and a lot of it has to do with hurricanes. But , Mr. Speaker, with bananas, Government has decided that every single case of banana needs to be inspected in Bermuda. And the cost of bananas , a bunch, a case of bananas has gone from $35 to about $85, Mr. Speaker . Now, I declare my interest, I am in the food business . I don't sell a lot of bananas , so I'm not singing for my supper , Mr. Speaker. B ut I know in talking to the farmers . And most of the farmers say , Well, wait a second. We are trying t o protect against something that it is very diff icult to even spread in our community . Because a mealy bug ( and I think I have that right ) . . . the only way you are going to spread it is if you eat it and get it all over you and then you go into in the or chard, Mr. Speaker . But we have increased the price of bananas almost twofold because of that , Mr. Speaker . And another thing is the sugar tax . The sugar tax was 75 per cent duty on taxable items . And it has gone across the board on a lot of items that people don't even know. And so when we talk about the cost of living , Mr. Speaker , there are many things that are outside of our control because there are world issues , [like] t he war in Ukraine. And I said during the Budget Debate and I don't think G overnment paid much attention then, b ut the war in Ukraine will have a serious impact on the cost of food because Ukraine and Rus-sia and much of that area are the breadbasket of the world , Mr. Speaker . And so now here we are, five months on, and the war shows no s igns of ending and those prices are going to continue to be high. But there are many things that we can do. Stop this nonsense about forcing stickers to be on oranges and lemons and grapefruits , Mr. Speaker . That is a cost that is passed on to the consumer . Let’s do something about bananas so we can get them here at a reasonable price. There are things if you talk to the industry, if you talk to local suppliers of products and the farmers, they can help you do some things that can have a meaningful impact t o consumers. But it has to start from the basis of trust and mutual r espect. 1560 1 July 2022 Official Hansard Report
Bermuda House of Assembly And so , Mr. Speaker [sic], I am cognisant of my time.
[Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the Chair]
The Deputy SpeakerDeputy SpeakerMm-hmm. Hon. Michael H. Dunkley: And I w ill come back again. Sorry , Mr. Deputy Speaker. I think you're in the Chair right now . And come back again another time and talk about some issues. But, Mr. Deputy Speaker , I end where I star ted. That if …
Mm-hmm. Hon. Michael H. Dunkley: And I w ill come back again. Sorry , Mr. Deputy Speaker. I think you're in the Chair right now . And come back again another time and talk about some issues. But, Mr. Deputy Speaker , I end where I star ted. That if a government can't fix a simple, how can people ever trust them to fix the more difficult ? I urge Premier Burt and his colleagues , listen to the people , show some real leadership, and end this travel autho risation for the good of our country. That's a small first step. But it can mean a lot . Thank you and have a safe evening everyone.
The Deputy SpeakerDeputy SpeakerThank you, Mr. Dunkley , and you have a safe evening also. Let me apologi se for not having my camera on. My phone is having difficulties and the advice was to turn my camera off. Are there a ny further speakers ?
The Deputy SpeakerDeputy SpeakerThere you go. Go ahead. TRAVEL AUTHORISATION FORM
Mr. L. Craig Cannonie rThank you. Thank you , Mr. Deputy Speaker and good evening to you. I want to start off by congratulating the Educ ation Minister Diallo Rabain. I've been out a few times in different restaurants and the likes and it's been great actually to be able to say congratulations to …
Thank you. Thank you , Mr. Deputy Speaker and good evening to you. I want to start off by congratulating the Educ ation Minister Diallo Rabain. I've been out a few times in different restaurants and the likes and it's been great actually to be able to say congratulations to the families and the students. I recall this week , the first thing in the morning leaving home. Next door there is a young lady who is a beautician. And th ere were students there. I think it must have been like 6:00 in the morning, 6:30 in the morning, and they were getting their hair done. So there is some excitement out there about what has taken place a nd people’ s opportunity to graduate. So I want to thank the Minister for his part and his role in getting our students to the point w here they can graduate. I know it has not been easy. And kudos to the education team itself, the teachers and the likes . We know that it has been rough and difficult, and certainly , for the M inister, I recogni se and admit that it hasn't been easy in the w orld that he is in. But it has been good to see so many of our students excited with their robes on graduating and to see some of the blogs and YouT ubes that are out there, the students, excited about their moving onto the next stage in their lives. So it is a good thing. And I just want to encourage that particular M inistry to strive on. Our young people are so important to us. So I had that to say. And I just want to congratulate the Minister. In addition to that, my colleague has very well put his positi on on the TA Form. I missed out on the debate [on the gang legislation] . I was listening to it , but I had to slip out to take a call and I missed out on speaking there. But the call that I took was for three families who had to miss the JetBlue flight toda y. There is a colleague that is within the hotels who call us whenever there is a challenge with the TA Form. He has been calling to get us to help to assist. And we have been helping people on what they need to do to fill out the forms to get them done because it may seem easy to some folks, but not to everyone. I do want to give kudos to the Minister of Tourism as well, Minister Campbell. I have called him in the past to ask for help and he has been good about that. So I want to thank him for assisting an d [continuing to do so] . But it is kind of disheartening a bit when we hear that people are not able to get on a flight. And for any number of reasons with the TA Form, not understanding what needs to be filled out , and the likes . And you just do not know what people's challenges are with the computeri sed system and then being able to, or have to add attachments to it. So for some it can be difficult . And we know that economically we need to do as much as we can to get as many people here with best cautions as we can. We recogni se that G overnment has to do its part. But the TA Form continues to be a topical issue. And we are appealing that our Government and the Premier reassess this here and the direction they are going to think that we have to go until March or April of 2023. I don't believe it makes any sense. And I'm not sure exactly why we are going to lengthen it out to that process when there are so many people who are challenged by it. I know that they said they were going to si mplify the form. But since [then] we are still getting calls on a regular basis of challenges and we will do our part, as I said , Deputy Speaker , to assist where we can. And again, thank you to the Minister, the new Minister of Tourism , for his assistance thus far. I am sure t hat we will be calling him more to help assist when they can because I know the backlog of those waiting in line for someone to answer the phone has become very egregious with people trying to get answers and having to wait for an hour, two hours and the like is a bit challenging. So hopefully the words of my colleague, MP Michael Dunkley , will be harkened to and we can move beyond this TA Form that has
Bermu da House of Assembly been very egregious to companies, hoteliers and pr ivate families , and the likes .
COST OF LIVING IN BERMU DA
Mr. L. Craig CannonierI also want to touch a little on . . . I got a few subject s here, a little on the econ omy and where we are. And I must say , Deputy Speaker, I was very glad to hear that we have a m otion forward by yourself …
I also want to touch a little on . . . I got a few subject s here, a little on the econ omy and where we are. And I must say , Deputy Speaker, I was very glad to hear that we have a m otion forward by yourself that is going to address, tal king about this issue of the cost of living, and the likes . It is high time that we had that discussion on what it is that can be done. And it was good to hear from my colleagues about some of the things that could be done to help bring some logic back to the pricing that we have to pay for particular [items]. It was rather i nteresting to hear about the labels and I understand the reasoning behind that there. But, again, anyone can infiltrate a sticker. So some of these things will hopefully get an opportunity. And I don’t want to pre- empt the motion, but I am sure that we will have a great opportunity to speak to these things and some of the ideas and thoughts that can be done. There was a letter to the editor talking about some of the things that we've been talking about wit hin our ranks here at the OBA about what can be done to lower the cost of living, understanding that we are importing just about everything. We will look to see how we can assist in that area, but at the end of the day, what we have today is unemployment amongst youth that is just stifling them. We have a birth rate as low as it is, and so we are dying off as a people. Quite frankly, we need more people spending on the Island trying to come to those solutions. We see in the paper where it is likely that i nflation will continue to rise. We see where the cost of goods continues to rise. And the Government is going to continue to be bombarded by the public seeking assistance, and that is financial assistance. Yet we don't see the re venues coming in as swiftly and i ncreasing at a rate to keep up with the demand for assistance that is [needed] out there. It is an untenable situation to be in as a government. But yet, at the same time we have got to find a way to get our people back to work, especially our young people. A decade ago we heard a phrase coined: The best social program is a job. So we certainly have to do our part in getting our people back to work because this goes a long way towards helping to stem some of the challenges that we are having out there. I don’t want to go back to prior debates, but it should be of concern to all of us, and there should be some urgency about what it is that we can do. I b elieve that bipartisan committees and bipartisanship towards these kinds of things which we know can benefit everyone on the Island, [would help]. We need to get together more on what it is that we can do to help with this situation. We cannot continue on in the pace that we are going with the economy the way that it is, [mean ing] the local economy, quite frankly. And when I say the local economy, excluding international business, the local economy. That is why we need to get the hoteliers going. But you got the retailers out there who continue to suffer. And we have been sa ying over and over and over that we need to come to some conclusion on how we can help the retailers, because their main issue is cash flow. That's the issue. When you have lower numbers, cash flow is vitally important to keeping at least the doors open and the lights on until better times come. We continue to walk through town and other places, too many retail places are closing down and continue to close. And in spite of new start -ups coming, there are far too many who are closing down that cannot survive and cannot pay into the government’s coffers to ensure that the Government has the r esources to give the assistance and help where it is [needed]. We have heard over and over the Premier say that he is going to give more concessions and the likes. And agai n, you know, we are going to need to hear a little more from the Premier as to exactly how he is going to raise revenues. I know that things are looking better. And listening to him today, he men-tioned that we were further ahead than he anticipated. But at the pace that we are doing, and with the cha llenges of another recession upon us, if you listen to economists out there, we may be heading towards another, even greater than the 2008/09 recession. These are concerns that we need to address, and the cost o f living is certainly something that we are going to have to deal with. The irony of it all is, you know, in many circles we are all talking about how we can become more independent from the UK. Yet, at the same time, our people are flocking to the UK bec ause of assistance. So the conundrum that we are in is not a good one. And again, I don't profess that any particular group or individual or interest group has all of the solutions. But I do know that amongst us we can find the solutions that will move us in the right direction. The question is how quickly we can move along. I have always been a proponent to say that, you know, sometimes we are just taking the long route here to get assistance to people, and in the meantime, businesses are closing and peop le are losing their jobs. So we have got to be swifter. In a time and age where there is so much information available to us, we have got to be a bit swifter in meting out solutions and getting to them as quickly as possible. Literally, people are losing t heir jobs and losing the ability to sustain their families. And that puts them in an untenable position. That means that they have to come to Government for assistance, and that means that the Go vernment has to find a way to continue to fund its rev e1562 1 July 2022 Official Hansard Report
Bermuda House of Assembly nue. A nd right now that becomes a challenge, and it is a challenge. So let’s see if we can do as much as we can, Deputy Speaker. I appreciate the fact that we are going to have that discussion in the motion. The last part . . . and I have five different points that I wanted to address, and they are mostly questions quite frankly. The first one was, we passed a Bill when it came to Southampton Princess and we were told at the time that in about two- weeks time there would be more information forthcoming. It's been over a month now, I believe, and we have not heard an update. It would be nice to know whether or not a deal has finally been signed off with Gencom and that we are moving ahead. And if we are not at the point of signing off, it would be good to hear from the Government as to why, or when they anticipate signing off so that people can continue to get behind the project and get prepared so that they can be i nvolved in this great move concerning the Southam pton Princess opening. The second is, I understand and I received the call two days ago. I guess it was a bit concerning to me. It involved the National Sports Centre and the energy project that is to happen there. There was i nformation brought to us that the Regulatory Authority and Planning Department (i t could be one or both of them together) have not assented, or have turned down the application for this particular project. So it would be nice to hear why we didn't get that sorted out for this particular project in the first place. And maybe while we we re reaching to this hiccup, because I now recognise and we have seen that there is equipment there already. So that equi pment is going to sit there if, in fact, the application has been turned down by the Regulatory Authority and also by Planning. So an u pdate would be great to hear how we are getting along there. The third is, today we talked about fuel prices during Question Period. Obviously, there was not enough time to flesh out a few things. It is my understanding in having talked to at least one of the partic ular fuel companies, when it came to the rebate that the Government speaks of, that the fuel companies are expecting a rebate based on the freezing of the pri cing over the last two to three months. And for the gen-eral public, typically the fuel c ompanies will hold an ywhere from two to three months’ worth of fuel. So I can understand where they have been able to freeze and use up those resources that were there, but they are now buying new fuel. The ships are coming in and we know that the prices are going up. Now, there is an anomaly there. In July som etimes the price goes down. We'll see what happens with worldwide issues that are challenging fuel prices, but we can see where they have almost doubled, and are up to $120 a barrel, which affects petroleum when we bring it in and the pricing of it. And it is our understanding in speaking to the fuel companies that it was not the Government taking a lower percentage, but that in actual fact it was the fuel companies who took a freeze on their pricing. And they were the ones who made it possible for that freeze to happen. So I would like to thank them publicly for that. Maybe they can do more. I don't know. But it certainly has come to our attention. Personally, I was on the phone with them and they ar e expecting a rebate from the Premier. And he needs to confirm that. In addition, there are two more subjects that I have. It was disturbing to read on Facebook where we had an attorney, a well -known attorney, putting on Facebook that there was a particul ar Member who was being paid $1,000, essentially during an election period, was paid $1,000 by the Premier to eavesdrop, I guess, on Marc Bean’s campaign and the likes.
The Deputy SpeakerDeputy SpeakerHonourable Member, yes, I think you need to stop because you're bringing stuff here that has not been verified, and I don't . . . this, motion to adjourn is not about bringing stuff that can’t be verified. You will have to table that. You have to be careful of …
Mr. L. Craig CannonierAll I was saying was that it is a concern to see that an attorney would be raising such a subject matter. I will take your guidance on that. That was only my concern that it was brought up by an attorney in the public forum. In the past we …
All I was saying was that it is a concern to see that an attorney would be raising such a subject matter. I will take your guidance on that. That was only my concern that it was brought up by an attorney in the public forum. In the past we have heard many, many [Members] from the Government as well as the Oppo-sition speak to issues that have come up on social media. So that is why I was bringing it up. But I will take your guidance on that, Mr. Deputy Speaker.
Mr. L. Craig CannonierIn addition t o that, Mr. Deputy Speaker, I thought that the Speaker was still going to be in the House. Back some time ago, Honourable Member Famous made mention—
The Deputy SpeakerDeputy SpeakerI cannot address that, Mr. Cannonier. And I respect what you are saying, right? But I am thinking that would be best left for the Speaker. I mean, I can't stop you from saying it; but I just can't address it.
Mr. L. Craig CannonierYes, yes, yes. I haven’t said what it is yet. But, yes, okay. You must be reading my notes, Deputy Speaker .
The Deputy SpeakerDeputy SpeakerYes, I am. [Laughter] Bermu da House of Assembly APOLOGY FOR USE OF UNPARL IAMENTARY LANGUAGE NOT FORT HCOMING FROM MP FAMOUS
Mr. L. Craig CannonierHonourable Member F amous used a derogatory term as far as “monkey” is concerned. And the Speaker said that he expected an apology in the next [ sitting] when we came in. And that apology has not been forthcoming. We have been here a couple of [sittings] now, and I …
Honourable Member F amous used a derogatory term as far as “monkey” is concerned. And the Speaker said that he expected an apology in the next [ sitting] when we came in. And that apology has not been forthcoming. We have been here a couple of [sittings] now, and I was just curious as to whether or not we were going to get that apology in the House, since the Speaker demanded it. I know that I mys elf had to apologise before I could even speak in the House. And I was hoping that we might get some resolution to that particular matter. But suffice it to say, the Speaker is not in the [Chair], so [it is] understood. Well, thank you, Mr. Deputy Speaker , for the time. Those were some of the concerns that I had. I hope that everyone has a great weekend.
The Deputy SpeakerDeputy SpeakerThank you, Mr. Cannonier. You have a great weekend also. Are there any further speakers? Any further speakers? Hon. E. David Bur t: I will close, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThe Premier, the Honourable David Burt. You have the floor. Hon. E. David Burt: I am sure you want to [speak].
The Deputy SpeakerDeputy SpeakerWell, it's my Sabbath. Hon. E. David Burt: Well, we can't be meeting tomorrow, then.
The Deputy SpeakerDeputy SpeakerI'm trying, you know . . . it is difficult, but we’re going to try to be there. GUN VIOLENCE IN BERMUDA Hon. E. David Burt: No problem. Thank you very much, Mr. Deputy Speaker. Mr. Deputy Speaker, it certai nly hurts my heart this evening to have to offer …
I'm trying, you know . . . it is difficult, but we’re going to try to be there.
GUN VIOLENCE IN BERMUDA
Hon. E. David Burt: No problem. Thank you very much, Mr. Deputy Speaker. Mr. Deputy Speaker, it certai nly hurts my heart this evening to have to offer condolences to yet another family of another young man who has lost his life to gun violence. You know, we had a heartfelt debate earlier today on matters related to gun violence. And I think it is important for all of us to make sure that we continue to speak honestly and work together. It might take a little bit of coming out of our comfort zones because the one thing that we can say is that this isn't a political issue, certainly. This is a Bermuda issue. And it's one that we often say that we did not get into overnight, and we will not get out of overnight. But we must all continue to work —all continue to work —in all of the various spaces of which we inhabit. Mr. Deputy Speaker, I know that the Minister of National Security is working hard, certainly three months in on the job. And he is determined. I got a call from him this morning. He woke me up. First call this morning. And it is difficult, Mr. Deputy Speaker. It's difficult because I know the Minister’s passion. And the young man who is no longer with us on the earth was a constituent of the Minister of National Security. There are so many families that have endured pain. And, Mr. Deputy Speaker, I will be honest with the Honourable House. When I hear the news, I wo nder if it's a member of my family. And I know it's hard because through the work that is being done, it's hard for young people in this country. Mr. Deputy Speaker, in tough times with pressure, in some spaces, despair, certain influences. So, while we tackle the root causes, I think that it is also important that we must recognise in this country . . . and you were at Bethel AME when I preached Sunday before last, on Father’s Day, Mr. Deputy Speaker. One of the things I have spoken about i s the need to affirm our young people, to make sure that we support our young people and to make sure that the images of which our young people do not see are the ones that you and the former Premier designed out of our criminal justice system, where young Black men were paraded to Magistrates Court and put on the front page every day, Mr. Deputy Speaker. But in saying that, Mr. Deputy Speaker, back to the theme of affirmation. There are positive things that are taking place in Bermuda with our young peo-ple, Mr. Deputy Speaker. And our objective is to get more young people into the path of positivity. That's where our resources, that's where our energy, that's where our time, that's where our passion must be, Mr. Deputy Speaker. There are a lot of young pe ople who are lea ving their mark on this Island. And sadly, I don’t think that all stakeholders are focused on highlighting the positives. We really like to try to tear each other down sometimes, Mr. Deputy Speaker. So, while I recognise the challenges that we face, I also want to make sure that I take my time on the motion to adjourn tonight to highlight the positives of the young people in the coun try, that young people are making inside of this country, Mr. Deputy Speaker. We saw school -leaving ceremonies throughout this country. I met a young man at the National Heroes Day. And this lady came up to me and she said, Oh, Mr. Premier, Mr. Premier, my grandson is graduating from Dellwood. And he wanted me to ask you to attend his ceremony because he remember ed when you attended and spoke at his ceremony at West Pembroke, and he looks up to you. And, Mr. Deputy Speaker, my day was busy. You know, how these days are. These days are booked. But I found a way to make sure that I made it there. And the pride of those young people, the desire of those young people 1564 1 July 2022 Official Hansard Report
Bermuda House of Assembly was incredible. And I got to speak to this young man and congratulate him. When he left West Pembroke he was Head Boy, and he's leaving Dellwood as Head Boy as well. Our young people are doing good stuff, Mr. Deputy Speaker. We look at all of those young people who have graduated, we see the record enrolment or the significant increased enrolment that we see in the Bermuda College due to the policies of this Gover nment, making sure that it's more accessibl e, putting in place College Promise, making investments in young people, making sure people can get trained, boosting internships. All of those things, Mr. Deputy Speaker, are to the core of making sure that we tackle the root causes. But at that class at Dellwood, Mr. Deputy Speaker, I encouraged those young people that were gathered to remain focused, to do their best not to be distracted. And when I say it's hard for young people. Mr. Deputy Speaker, the world of social media . . . I don’t even know how I could have grown up in this space. The intense pressure in different things is i ncredible. And we have to make sure that we make it easier and better and make sure we adjust to make sure they accommodate to the difficulties of life that's 24/7.
SUPPOR TING PUBLIC EDUCATION
Hon. E. David Burt: And when you heard the Minister of Education speaking earlier today about the people who attended the town hall forums about the Educ ation Reform and listening to it and recognising that our teachers inside of our schools and our educators are the ones who are designing from the ground up a new education system, because they have the knowledge and see what is taking place on the ground, Mr. Deputy Speaker, that's how you effect change. And it is not going to happen overnight, Mr. Deputy Speaker. But it is happening and there is progress that is taking place. I sometimes get on the Minister of Education saying, You don't talk about the positives enough. The fact that in 2018 we implemented a Pilot Math pr ogramme, saw the results, implemented in 2019. And we see mathematics scores up across all of our pr imary schools. I w as stunned when my six year old Ed, was given mathematics forms that I didn't think he would be doing for two years. Good things are ha ppening, Mr. D eputy Speaker. And we have to take it upon ourselves to make sure that we create more op-portunities and provide more resources and push and encourage our young people. Earlier today, I welcomed the 5 th cohort of students taking place in the Future Leaders summer programme which the Government has sponsored since 2017, and which this Government has spo nsored since 2018. And certainly, we want to talk about bipartisanship because we have had some of that conversation, discussion today. And there was a tweet that went up on my social media, and then I saw that the former Premier said that, you know, we supported 2017. That's what we as a community have to do, continue to support and invest in our young people. There were 14 there. Mr. Deputy Speaker, when we talk about changing the paradigm and trajectory of our young people, we called on international business. I reme mber a meeting and there was an organisation. It said they were offering this one, and what's it called ? And I looked and I said, T hat’s not enough; that is not something to be proud of . You must do more. More must be done . And they answered the call, Mr. Deputy Speaker. Earlier today I stepped out to greet 28 st udents in BILTIR, the Bermuda [International Long Term] Insurers and Reinsurers Inter nship programme. A record number up from 18 last year, Mr. Deputy Speaker. Because they're answering the call because we must make sure we provide opportunities for our young people. And these were persons who went to college, went to public schools, some of them went to private schools, some of them were overseas, some of them were just leaving. But they are getting the opportunity and the experience, Mr. Deputy Speaker. Fifty-seven young Bermudians are taking place in ABIR’s internship programme this sum mer. Many of them from Bermuda College, Mr. Deputy Speaker, up from 23 last year. And 12 students are taking part in a global FinTech education programme, an internship that is happening this summer. Understand, Mr. Deputy Speaker, through commitment of new companies that we have here to power the future industries that are going to take over finance, Mr. Deputy Speaker. Out of what I just listed, Mr. Deputy Speaker, those three organisations, last year, 41 positions for young people; this summer 97, Mr. D eputy Speaker. We are making progress and the Government does not have to legislate everything. We can make sure that we use our influence to tell the corporate comm unity that they must do more to provide opportunities for our young people. And here is the thing, Mr. Deputy Speaker, I heard someone speak about, you know, youth unem-ployment. And I understand that, you know, it's a good political point for the Opposition. But we are going to do another labour force survey this year. We absolut ely are. The one was from last year we get it, we understand. But here is the truth. The same Chairman of the Bermuda Hotel Association was on the news c ajoling, begging, pleading for Bermudians to enter the industry. There are jobs available in this country, Mr. Deputy Speaker. There are. When I spoke to those kids at Dellwood I said that international business cannot find enough Bermudians to hire. That's where we are right now, Mr. Deputy Speaker. So we have to continue to encourBermu da House of Assembly age our people to make sure that they t ake advantage of the opportunities that present themselves. Now, Mr. Deputy Speaker, I want to talk about something that happened last week as well, on the theme of young people and on the theme of providing opportunities and positive avenues for persons to enter and to excel. I met 20 young Bermudians who are working to help build our FinTech and digital asset industries from two companies, Mr. Deputy Speaker. Two companies have all -Bermudian staff, Mr. Deputy Speaker, in their offices: Relm Insurance, 13, all Be rmudian, and hiring more. Bittrex [Global (Bermuda)], local office led by a former Member of this Honourable House. Six, all Bermudians, in their office, hiring more, Mr. Deputy Speaker. We are making progress and we are providing opportunities for our young people. And here is what is important to note. All of those companies are having opportunities for young persons and internships to get them involved into those industries, Mr. Deputy Speaker. So, yes, there are positive things happening and our mission is to reach those young people who may not be on that path and make sure that we get them in line with the opportunities available. But it is vital, Mr. Deputy Speaker, because we must make sure that we hold our people accountable. We have to, because young people do not get something for nothing. They must meet halfway. And it is a cha llenge that, if we are honest with each other, we have to recognise that we don't always do it, Mr. Deputy Speaker. We don’t. That is something that is incumbent on us as leaders of this country to talk about. How do we survive into the future, Mr. Deputy Speaker? Because I know, Mr. Deputy Speaker, your generation were no strangers to hard work. I know my parents’ generation were no strangers to hard work. You are my parents’ generation as well, Mr. Deputy Speaker, I wasn’t tr ying to make you older. Myself, no stranger to hard work.
WE MUST CELEBRATE OUR SUCCESSES
Hon. E. David Burt: At the same point in time that I said at the beginning, Mr. Deputy Speaker, about how you know it would be great if you were focused on you know, positivity, the challenge that I see as well is that my visits highlighting 20 Bermudians who in the last two years have gotten new jobs in new industries, Mr. Deputy Speaker, was relegated without a photo in our daily newspaper worthy of a small column and a minor write -up, Mr. Deputy Speaker. I am just going to say, let's flip the scripts. Let’s say that there were 20 jobs lost at FinTech companies. If I was a betting man, Mr. Deputy Speak er, I would wager that it would have definitely been large print with a sensational headline, front page above the fold, front page of the business section, something along the lines of Burt’s Fin Tech gamble fails . Well, here is the thing, Mr. Deputy Speak er. We don't even have to hypothesise about that because that was t oday. Earlier today, Mr. Deputy Speaker, I actually called the head of the insurance company, Realm, to apologise to him. I called to apologise because I know how vital it is to keep good relations with companies that are bringing investment and jobs to our shores. I called him to apologise to say that I'm sorry that there are persons who want to get at me , who want to get at the Government , and will use whatever they can to do so Mr. Deput y Speaker. And so, big front page hea dline—not big front page a couple of lines on the bus iness page—company, what’s it called, write -up, of course, one of the companies that the Premier had heralded. And I apologised because I remember that there was anot her company in 2018, Mr. Deputy Speaker, that was looking to come here and left due to the behaviour of the local media. We must celebrate our successes. We must rally around what we are doing well and try to do more of it. And yes, Mr. Deputy Speaker, we are a democracy so there is ample space to scrutinise and criticise and give opinions on how we can do things better. But if we as a country don't recognise that it takes all of us to work together, if we as a country don't realise that each one of us pla ys a role in helping young people and building this and tackling the challenges of which we have and making sure that young people have our future, then we will engage and continue a cycle, Mr. Deputy Speaker. And it is something that is important that we as leaders of this country remember. That was my day today, Mr. Deputy Speaker. Apologising to someone who is running a business, due to the behaviour of our local media, who has brought 13 jobs to this country in the last two years, who has taken advantage of laws that we pass in this Honourable House. So I just want to make sure to encourage all of us to recognise that as a country we will not succeed if we cannot exercise our common purpose. And there can be no doubts that our worldrenowned regulator i n attracting companies that has the attention of the world is something to be celebrated and is not something to attempt to be attacked. So, Mr. Deputy Speaker, as I close, I look forward to next week. I keep calling you “Mr. Speak-er”—
[Hon. Dennis P. Li ster, Jr ., Speaker, in the Chair]
The SpeakerThe SpeakerI am in the Chair. Hon. E. David Burt: Oh, Mr. Speaker, you are! COST OF LIVING IN BERMUDA Hon. E. David Burt: Mr. Speaker, I look forward to next week when we debate the Deputy Speaker’s m otion who serves as the Chairman of the Cost of Living 1566 …
I am in the Chair. Hon. E. David Burt: Oh, Mr. Speaker, you are!
COST OF LIVING IN BERMUDA
Hon. E. David Burt: Mr. Speaker, I look forward to next week when we debate the Deputy Speaker’s m otion who serves as the Chairman of the Cost of Living 1566 1 July 2022 Official Hansard Report B ermuda House of Assembly Commission to speak about the measures that the Cost of Living Commission is taking. I look forward to presenting a package to this Honourable House for Members to take note and to understand that we are doing what i s necessary, what is proper to ensure that we can provide relief for the people of this country. Today, increased pension benefits. Today we intr oduced a Bill to regulate fees charged by banks. We spoke about the fact that gas prices have not in-creased in this country since February, and in two weeks we are going to be delivering a relief package for Bermudians. Mr. Speaker, we are making progress. But the spirit that I take from today is that if Members want bipartisanship then we must be willing and able to make sure that we are honest. So, Mr. Speaker, there were a number of persons who spoke about commi ttees, I as Minister of Finance, you as Speaker of the House, I want to make sure that we can find a way to make that happen so that our Honourable Members can make sure that they have these opportunities to discuss these matters in a bipartisan fashion. B ecause it's not just the Cabinet. It is all of us who are leaders in this country who have a role to play. So, with that, Mr. Speaker, I thank you very much. I look forward to seeing you tomorrow at the Bermuda Institute. And I wish all Honourable Mem-bers a good night and we will see them in two weeks.
The SpeakerThe SpeakerThank you, Premier. Thank you, Members, for your participation today. It has been a full day of debate and discussion. I trust that everyone will have a pleasant weekend. And we look forward to returning to Chambers here for the next sitting on the 15 th of [July]. Members, stay …
Thank you, Premier. Thank you, Members, for your participation today. It has been a full day of debate and discussion. I trust that everyone will have a pleasant weekend. And we look forward to returning to Chambers here for the next sitting on the 15 th of [July]. Members, stay well, be safe, have a good weekend. Good night. The House is adj ourned. [At 9:02 pm, the House stood adjourned until 10:00 am, F riday, 15 July 2 022.]