March 28, 2022

Just so that those listening to us by
radio or online will know, we are in Committee of the whole [Senate] for further consideration of the Appr opriation Act 2022 together with the Estimates of Re venue and Expenditure for the year 2022/23. We have just completed debate on the Ministry of Health, and
we are looking forward to the next debate, which will be on the Ministry of Economy and Labour.
We are just taking a quick breather so that
Senator Hodgson can regroup, turn the pages and
prepare for the next part of this debate. Please bear
with us.
[Pause]

Good afternoon again.
Senators, and listening audience, we are in
Committee of the whole [Senate] for further consider ation of the Appropriation Act 2022 together with the
Estimates of Revenue and Expenditure for the year
2022/23. The Ministry coming under consideration
now is the Ministry of Economy and Labour.
The Heads for debate under this Ministry are,
first Immigration, Head 27; Financial Assistance, Head
55; and Workforce Developm ent, Head 60. The number of hours allocated to these Heads is two. The
Senator in charge is Junior Minister for Economy and
Labour, Senator Arianna Hodgson. We are starting at
4:09 pm; therefore, the debate will conclude at 6:09.
Senator Hodgson, how do yo u wish to pr oceed?

Sen. Adrianna Hodgson: Madam Chairman, I move
that the Committee do now take under consideration
Head 27— Immigration; Head 55—Financial Assistance; and Head 60 —Workforce Development.

Thank you, Senator Hodgson, you
may pr oceed.
352 28 March 2022 Official Hansard Report
Ber muda Senate MINISTRY OF ECONOMY AND LABOUR
Sen. Adrianna Hodgson: Madam Chairman, the
mission of the Ministry of Economy and Labour is To
drive economic growth and job creation.
Madam Chairman, the Ministry of Economy
and Labour consists of the Departments of Workforce
Development, Financial Assistance, Immigration, St atistics and Economic Development. The Ministry
Headquarters will continue with the oversight of mult iple policy and legislative initiatives including changes to immigration policy and law, financial assistance
reform, the development of a minimum wage, to be
followed by the living wage.
Madam Chairman, notwithstanding the financials
contained in the Department of Immigration’s Budget Brief, the brief contains and highlights the following:
•e-Gates at the L. F. Wade International Airport
•Work permit application efficiencies
•Work permit policy overhaul
•Permanent Resident’s Certificates for longterm residents
•Restricted and closed categories immigration
reform
New Current Account Funding
Sen
. Adri anna Hodgson: As noted on page B -180,
the Department of Immigration has been allocated a
budget of $5,517,572 for the fiscal year 2022/23. The
expenditure has increased by $284,000, thus reflec ting a 5 per cent increase in comparison to our current
fiscal year 2021/22.
Madam Chairman, the material changes of
the Subjective Analysis of the Current Account Est imates, as compared with the 2021/22 fiscal year can be found on page B- 180 as follows:
Salaries increased by $119,000, or 3 per cent,
to bring the annual pay scales in line with the April 1,
2018 Bermuda Public Services Union [BPSU] rates. The increase also reflects the increment pay adjus tment expected throughout the new fiscal year.
Professional services’ decreased by 38 per
cent, to $168,000, in comparison to the original bud get for 2021/22. Immigration hired six local vendors to assist with the processing of the backlog of applic ations along with the implementation of the depar tment’s re- engineering project. This project was developed to assist with the transition of the automated
online application portal. This expense was not orig inally budgeted; however, funding was secured throughout the Ministry to address complaints regar ding processing times. The expenditure for board and
committee fees was al so reduced to allow for all the
meetings to be held if the need arises.
Repair and maintenance estimates decreased
marginally from $897,000 in 2021/22 to $885,000 estimated in 2022/23. The estimated funds for the airport
cleaning contract were decreased by $12,808. This contract requires Immigration to be responsible for the purchase of additional supplies such as paper supplies, hand soap and sanitisers. As 2021/22 was the first year for this contract, the estimated cost of the additional supplies was gre ater than expected.
Clothing, uniforms and laundry estimates decreased by $11,000 as uniforms were replenished
during fiscal year 2021/22 for the compliance section.
The current estimates for 2022/23 will cover the costs for new shoes and other items the officers at the ai rport may require.
Other expenses: During 2021/22 immigration
only incurred commission fees for credit card transactions processed at the airport and for the Work from
Bermuda applications. Fees for all other types of ap-plications were paid by direct bank deposits. On 7March 2022 the department will softly launch a new electronic paperless platform. As a result, it is est imated that the commission fees will be exceptionally
higher as a result of processing the electronic pa yments.
Rev
enue Summary
Se
n. Adrianna Hodgson: The revenue summary is
outlined on page B -180. The total revenue estimate
for 2022/23 is $13,777,000, an increase of $1,526,000
or 12 per cent in comparison to 2021/22. Immigr ation’s revenue estimates are in line with the collective
revenue during 2021/22 and the previous two fiscal
years. The most material changes are as follows:
•Passport Issuance estimated revenue has increased by 58 per cent with a projected co llection of $739,000. Although it was originally predicted that revenues for this line item would be low during fiscal 2021/22, the changes of the COVID -19 guidelines resulted
in an influx of passport applications. It is ex-pected that the revenue for passport applic ations will continue to generate higher collec-tions during the upcoming year.
•Work Permits, full or part time, have increasedby $5,389,000, or 154 per cent of the original
estimate of 2021/22. Despite various closed categories the revenue collected during the f inancial year 2021/22 was consistent with pr evious years. It is expected that the upcoming financial year will be the same.
•Work permits, temporary. The original for ecast for fiscal year 2021/22 was overstated in error. The revised figure of $1,854,000 is more in line with the revenue collected in t he
previous years. Based on the revised amount, the estimated revenue for fiscal year 2022/23 slightly decreased by 8 per cent to
$1,714,000. As it is not expected to receive the same volume of applications in the u pcoming year with the implementation of t he
automated application system. HEAD 27-DEPARTMENT OF IMMIGRATION

B ermuda Senate •Work permits, work and reside. Estimat ed
r
evenues for 2022/23 have actually increase d
i
n comparison to 2021/22 by $246,000, or
28 per cent. This increase streamlines collections based on current year and previous revenue collections. It is predicted that the department will be able to achieve the same lev-el of collections.
•Work permits, appeals, estimated revenue
has also increased by $29,000 or 33 per cent
in comparison with 2021/22.
•Work permits, general, estimated reven ue has
also increased by $77,000 or 30 per cent in
comparison to 2021/22.
•Resident fees. Estimated revenue will in-crease by $100,000. These fees are associated with the Economic Investment Certificat
e
and
the Work from Bermuda applications. It is
expected that the collections will increase for
this line item.
•Bermuda status. Revenue collections exceeded the estimated collections during financial year 2021/22. As a result, the estimatedrevenue for 2022/23 increased by $60,000,representing a 78 per cent increase.
•Nationality estimated revenue has also i ncreased by $13,000 or 12 per cent in comparison to 2021/22.
•Status and naturalisation. On January 1,2022, Immigration started accepting applic ations for Permanent Resident’s Certificates forlong-term res idents which resulted in an influx
of applications increasing revenue by$500,000 in such a short time period. Rev enue has increased by $77,000 as it is ex-pected for application submissions to plateauduring fiscal year 2022/23.
The Department of Immigration took a conservative approach for estimated revenues for current
fiscal year 2021/22, which was successful as the rev-enues were not inflated. Predications continue to be assessed based on the number of applications r eceived during 2019/20 and 2020/21, wh ich falls in line
with the actuals thus far for 2021/22.
Existing and New Capital Projects
Sen. Adrianna Hodgson: Madam Chairman, no capital acquisition funding has been allocated for 2022/23,
which can be found on page C -13. The purchase of a
new electronic application system with payment gat eway to replace the ageing software was completed on
March 7, 2022.
Highlights of Key Accomplishments 2021/22
Sen. Adrianna Hodgson: The Department of Imm igration has kept at the forefront of its activities, those
activities are from the Economic Recovery Plan and Throne Speech initiatives. Under the ERP [Economic
Recovery Plan] the digitisation of immigration applic ations is carried over from financial year 2020/21. The
digitisation process is also contained in the Throne Speech initiatives. Of the other Throne Speech initi atives: long- term residency; work permit policies; and
immigration reform were included therein.
Madam Chairman, Permanent Resident’s
Certificates for long- term residents. In August 2000, a
report entitled “Bermuda’s Long- Term Residents: A
Discussion Paper” was presented to the Legislature by the then Minister of Labour and Home Affairs and Public Safety, the Honourable Paula A. Cox JP, MP.
The report described the untenable situation of longterm residents who have no legal way of regularising
their immigration status. Two decades later Bermuda still struggles with providing many long- term residents
with a legal means to secure permanent residency in Bermuda.
Madam Chairman, long- term residents include
persons in a variety of different personal circumstanc-es. For the purposes of the legislative amendments, the Government defined long- term residents to i nclude the following:
a)persons who were born or arrived in Berm
uda
at
an early age, and have been ordinarily resident in Bermuda;
b)persons who have been ordinarily resident inBermuda seeking to remain and who have continuously contributed to the Bermuda
community;
c)a divorced parent of a Bermudian child;
d)an unwed parent of a Bermudian child; and
e)children of 1
st and 2nd generation Permanent
Resident Certificate holders who have been
ordinarily resident in Bermuda.
In developing a policy and legislative solution
for this issue of long- term residents, the Government
identified three problems it was attempting to address.
•Problem 1 addressed the issue of long- term
residents generally.
•Problem 2 addressed the issue of long- term
residents who are parents of Bermudian chi ldren.
•Problem 3 addressed the issue of
2nd generation PRC holders who are unable to
pass on PRC to their 3rd generation children.
Madam Chairman, this Government has taken
the balanced approach needed to provide a simple and effective solution for long- term residents to obtain
a Permanent Resident’s Certificate in a fair and rea-sonable way and provides a sensible solution to the
identified problems.
Although we are faced with many challenges,
this Government will remain steadfast in moving Ber-muda toward a more sustainable future. The policy
proposals provide a more efficient means for long-term residents to be granted permanent residency
thereby allowing families to remain together and allow
354 28 March 2022 Official Hansard Report

Bermuda Senate individuals to continue contributing to the local economy, as well as the social fabric of the community.
Madam Chairman, the Bermuda Immigration
and Protection Amendment Act 2021 was brought into
force on 1 December 2021, and the Department of Immigration began accepting applications on 1 January 2022. The amendment Act which is aligned with
the immigration reform strategic priority sought to
achieve a simplified, fair and modern immigration legislative framework. The amendments allow long- term
residents to become PRC holders in Bermuda, ther eby keeping families together, enabling long- time res idents to fully participate economically, retain Berm uda’s residential population, and support Bermuda’s
ERP.
Since January 1, 2022, the Department of
Immigration has received 47 applications from per-sons who have been ordinarily resident in Bermuda
for at least 20 years, and four applications from persons who have been ordinarily resident in Bermuda
for at least 15 years.
Madam Chairman, the Economic Investment
Certificate recipients are required to invest a minimum of $2.5 million into the Bermuda economy. The level
of investment and the potential investment in the pi peline speaks to the high level of confidence that affluent
individuals have in our Island home and this Gover nment's ability to lead.
It is common knowledge that affluent individ uals worldwide seek to live in places that meet specific
criteria. They often seek safety, stability, sophisticated, connected places with a temperate climate and a
well-regulated business environment. These individuals and their families have the means to make signif icant financial investments, develop businesses, and
create job opportunities, which can benefit Bermudi-ans. Bermuda must take advantage of these opport unities.
The policy's objective is to fully harness imm igration as one of many tools for creating economic
growth for Bermuda while taking into account our li mited space and ensuring that Bermudians fully benefit.
To that end, I announced the launch of the Economic
Investment Certificate, or EIC, in February 2021. The
EIC was designed to stimulate economic activity, cr eate the ideal environment for job creation, and hel p
market Bermuda as a place to reside and do bus iness.
Economic Investment Certificate holders who
seek to reside in Bermuda indefinitely may apply for a
Residential Certificate after five years. It is important
to highlight that applicants for a Residenti al Certificate
must possess an Economic Investment Certificate to
be eligible for a Residential Certificate.
The most recent EIC statistics as of Febr uary 18, 2022, are as follows: Four EIC applications in
progress; 13 approved; 30 have documents issued;
and 37 individual inquiries. To date, we have seen a total investment of $256,317,195.94 to support the
certificates that have been approved.
Madam Chairman, permission to reside is
sought on an annual basis. Non- Bermudians should
also note that the EIC is not the only programme that
allows individuals to reside in Bermuda. Those who
meet the eligibility requirements may apply for permission to reside on an annual basis. While referred
to as “Permission to Reside on an Annual Basis,”
permission can be obtai ned for periods of up to five
years. This programme is perfect for globally retired individuals, dependents of work permit holders, and
hotel and tourist accommodation owners. Anyone i nterested in residing in Bermuda from one to five years
should complete an application for residents form on
the Bermuda Government’s webpage.
Madam Chairman, One- year Work from Bermuda Certificate. Since the launch of the Work from
Bermuda initiative on August 1, 2020, the Government
of Bermuda has received 1,168 Work from B ermuda
applications of which 1,012 have been approved. Thus
far, over 640 Work from Bermuda certificate holders
have moved to Bermuda. Currently, 206 families continue to reside here, and as of October 28, 2021, 74
Work from Bermuda certificate holders wer e approved
for a further one- year extension.
New applications are submitted on a weekly
basis, and persons on Work from Bermuda certificates continue to expand their families on the Island. In the
first year of implementation, the Work from Bermuda
certif icate has had an estimated value added of $23.3
million in Bermuda’s economy. Overall, the benefits of
this policy include: boosting economic activity, enhancing Bermuda’s brand and reputation as an attrac-tive travel destination and/or a place to live, boosting
the local real estate market, and it presents an opportunity for a short -term stay to blossom into a long- term
investment.
As a result of the Work from Bermuda certif icate, various local business opportunities have arisen,
creating needed economic activity and jobs. Additionally, one Work from Bermuda certificate holder was
converted into an Economic Investment Certificate
holder, meaning the non- Bermudian has invested over
$2.5 million into the Bermuda economy and decided
to make Bermuda their home.
Through the work of the Bermuda Develo pment Agency and the Bermuda Tourism Authority the promotion of the Work from Bermuda initiatives continue. Non- Bermudians are invited to work or study
remotely in Bermuda where life is tranquil, the weat her is prefec t and the people are super friendly.
Madam Chairman, this certificate presents a
win-win for both the visitors and Bermuda. Attracting
people to reside in Bermuda for durations of one year assists in boosting Bermuda’s economic activity. Add itionally, the requirement that they can only be employed by businesses outside of our country ensures
that they do not compete with Bermudians for jobs.


Bermuda Senate This policy targets individuals who have the financial
means to fully sustain themselves; would like to work
in Berm uda in a non- Bermuda- based or a nonBermuda registered legal entity or partnership; or
would like to complete their post -secondary studies
from Bermuda.
Individuals can apply for a Work from Berm uda certificate through the government’s form portal at
forms .gov.bm . The WFB programme remains open to
potential residents who meet eligibility criteria.
Madam Chairman, the Department of Imm igration continues to make advances for greater eff iciencies and processes . In particular, during fiscal
year 2021/22 the dep artment called the public’s attention to the procedures for reporting breaches against
the Bermuda Immigration and Protection Act 1956;
and continued to review the structure of processing
procedures to ensure applications are administered
more efficiently to reduce turnaround times.
On the processing procedures, in early 2021,
the department selected Microsoft Dynamics as its
chosen platform to implement an end- to-end electronic web -based IT system. This IT solution will allow the
department to perform the following functions currently done in different systems, including mail login; work
permit processing; and data warehousing. The combined solution is intended to drive efficiency and r educe the annual cost for software and associated
maintenance costs. The software eliminates the manual processing of paper files. I will provide more details on the work done to date in the next section on
New Initiatives.
Madam Chairman, as of August 1, 2021, a
moratorium was placed on certain job categories to restrict th e hiring of non- Bermudians for a three- month
period up until October 31, 2021. This period was extended up until January 31, 2022. Then, effective at
February 1, 2022, the moratorium was again extended
for a six -month period until July 31, 2022. Also, new
job categories were added to the closed category ,
namely, debt collector, telephone switchboard oper ator, pool /beach attendant, deckhand and dispatcher ,
as well as transport . Also, recruiter and nail technician
have been removed from the closed category.
Madam Chairman, I now turn my attention to
new initiatives for the new fiscal year 2022/23. As a
continuation of immigration reform, the Department of
Immigra tion will review and rewrite the Work Permit
Policy; complete phase 1 of the digitisation of imm igration applications including the optimisation of our
application forms, online submission of applications,
and issue digitally secure work permit and other documents.
The Department of Immigration will expand
the use e- Gates for passenger processing at the L. F.
Wade International Air port, enhance border control
monitoring at the seaports so that cruise ship passengers and crew are processed via an automated met h-od, and it will also introduce and review legislation that
will address sham marriages in Bermuda.
Madam Chairman, I would like to elaborate on
the digitisati on of immigration applications. The objective of the automation project is to transition as much
as possible away from paper -based processes. Due
to the cost and complexity of automation of the pr ocesses, the department is implementing the project in phases. The functionality in the early phases will be
basic in nature with further enhancements being r eleased later.
The current phase of the project includes, but
is not limited to the electronic submission of applic ations; payment of application fees via a payment
gateway; workflow; vetting and validation; status updates with login ability; approval by the Minister or by
the immigration senior leadership; production and di sbursement of final immi gration documents, and the
ability for the department to run reports.
Substantial work will be done in future phases
to review our immigration IT systems to make the ap-propriate enhancements. This work will be released over time. The benefits of the autom ation project are
• to eliminate paper from the application intake
process and reduce the volume of data entry
required to move an application through the
various phases in the process;
• to reduce the turnaround time required to
complete all the work on an application and
present the customer with the response on a
decision made;
• to provide a dashboard to management and staff to analyse operations and performance;
• to improve the communication with customers
and stakeholders in terms of frequency and
time d elivered;
• to improve the standard operating procedures
along with providing a clear audit trail and i mprove quality assurance;
• to eliminate the submission of incomplete applications and reduce the work associated
with this; and
• to reduce the hassle and travel involved in the
submission of applications by customers.
Madam Chairman, the other initiative is imm igration reform. No matter what side of the political
compass one sits on there should be an honest and
general acceptance that our current immigrati on sy stem simply is not efficient. Successive Government
administrations have failed to adequately invest time
and capital in the reforms and resources required. Therefore, there should be a consensus that we need
to achieve the strategic priorities of the Government’s
reform strategy.
Plans are afoot for immigration reform which
seeks to modernise the country’s immigration laws
and support policies and create operational efficien-cies through process improvement.
356 28 March 2022 Official Hansard Report

Bermuda Senate Immigration reform initiatives consist of the
following strategic priorities:
• achieve a simplified, fair, and modern imm igration legislative framework ;
• leverage technology to improve operations
which will lead to greater levels of efficiency,
process consistency, and sustainability ;
• strengthen enfor cement of laws and policies ;
• support economic growth and the expansion
of job opportunities in Bermuda.
It is envisioned that these strategic priorities
will provide the required restructuring to rebuild and
strengthen our immigration system. The new system
is also intended to allow this Government to provide
the necessary protections and opportunities for current and future residents of Bermuda.
The goal of immigration reform is to ensure
that the big picture is one that benefits all of Bermuda.
In the pas t, we have discussed reforms to immigration
in a very myopic way, such as work permits, perm anent residency or the emotive and politically divisive
issue of granting status. Unfortunately, that dialogue
has overshadowed the immediate need to overhaul
and c ompletely revise the laws, policies, systems and
resources required to ensure that Bermuda has an immigration system that is unbiased and beneficial for today’s Bermuda.
Madam Chairman, the department’s recrui tment update is as follows : The number of emplo yees
required for the d epartment to operate efficiently is
outlined on page B -181. There are 44 established full -
time posts, of which, 10 of these posts are currently vacant. A list of the vacant posts consists of:
• Corporate Services Manager —1;
• Personal S ervices Manager —1;
• Business Systems Officer —1;
• Client Service Officer —1;
• Customer Service Representatives —3;
• Processing Clerk/Cashiers —2;
• Processing Administrator —1.
We have updated the job descriptions and will
be advertising the positions and recruiting in March 2022.
Madam Chairman, as I close, I would like to
thank the dedicated members of staff at the Depar tment of Immigration. I would like to thank the Immigr ation team under the direction of Dr. Danette Ming,
Chief Immigration Officer , who retur ned to the department in August 2021, and Ms. Marita Grimes, A ssistant Chief Immigration Officer, together with Ms.
Lauren Sadler -Best of the Attorney General’s Chambers, and the Immigration Appeal Tribunal headed by
Mr. Charles Richardson.
Finally, I wou ld also like to thank Mrs. Tionea
Effs, Mr. Ron- Michel Davis, Ms. Nekia Richardson,
and Ms. Kewanna Swan, and their respective teams,
as well as the Collector of Customs, Mrs. Lucinda Pearman and her airport team for administering the
airport border contro l on behalf of Immigration.
Thank you, Madam Chairman. I will now move
on to Head 55, Department of Financial Assistance.
These items can be found on pages B -184 to B -187,
and pages C -113 and C -119 of the Estimates of Revenue and Expenditure [Book] .

HEA D 55— DEPARTMENT OF FINANCIAL
ASSISTANCE
Sen. Adrianna Hodgson: The mission of the D epartment of Financial Assistance is to assist vulner able Bermudians to maintain a minimum standard of living during challenging economic times . The department embodies thi s mission and the ethos is very
clear when delivering its mandate. The Government is committed to reducing poverty and inequality in Bermuda and will strengthen the support to families in an
effort to assist them in being self -sustaining. Building
a strong er community will result in a safer and more
confident nation.
Financial Assistance is intended to assist with
partial or full financial awards, in accordance with the Financial Assistance Act 2001, Financial Assistance
Regulations 2004, Child Day Care Al lowance Act
2008 and Child Day Care Allowance Regulations 2008, for items , such as:
• food;
• rent/rest/nursing home fees;
• utilities ;
• health insurance;
• adult day care;
• home care;
• medication/ medical equipment ;
• child day care allowance.
Approval for financial as sistance is based on
proven need and a means test. This test will assess
the basic needs for a household to sustain monthly obligations either in whole or in part. Eligible and qual-ified clients in receipt of financial assistance comprise
[the following] f our main categories:
1. pensioners;
2. disabled;
3. earnings low employed;
4. abled- bodied and unemployed;
As at February 2022, the total number of persons on assistance was 2 ,165. The largest category
pertained to p ensioners , 1,032; followed by those with
a disability, 767, and then persons employed with i nsufficient earnings , 196. The smallest category is the
able-bodied unemployed persons , 170, although, this
number continues to trend upwards on a monthly basis as a result of the economic activities in respect t o
COVID -19. There were approximately 105 children
being supported in the child day care program me during the same period.
Madam Chairman, the department will conti nue to face operational and logistical challenges during


Bermuda Senate this ongoing pandemic . However, des pite the high risk
to health placed on public -facing officers and the uncertainties and difficulties experienced in conducting
re-assessments, the d epartment continues to successfully service all eligible financial assistance cl ients. The department servic es new applications wit hout interruptions, whilst shouldering additional respo nsibility for the Supplemental Unemployment Benefit
programme. For this I continue to recognise and applaud the hard work and dedicated actions demonstrated by staff, under the guidance and leadership of the Director, Ms. Pandora Glasford.

Department Objectives and Performance Measures

Sen. Adrianna Hodgson: Madam Chairman, you will
recall that the objectives of the Department of Financial Assistance changed in 2020/21. In so doing, it
became necessary to align performance measures accordingly, whilst also facilitating the Government’s
vison of a “Future Forward” Government for the peo-ple of Bermuda and for the purpose of enhancing the
lives of the people of Bermuda.
Department objectives can be found on page
B-184, and I am pleased to report that there have
been continued improvements geared toward achie ving each objective. This is most evident in the reduction of audit exit conference points over the past two
fiscal years, tog ether with the department’s approach
in adhering to internationally recognised standards.
For example, in last year’s budget brief it was
stated that a risk management framework that conforms to International Organization for Standardization 31000 was bei ng researched for consideration and
implementation. The standard is used to promote a
consistent application of best practice in business activities. Essentially, the principle standard evaluates
an organi sation ’s ability to effectively demonstrate
profici ency to consistently provide services that meet
customer and regulatory requirements, and to demonstrate continuous improvement.
It is the intent that this risk management
framework will provide value added capability to the
current system , and aid in robust technical solutions
when addressing audit exit point deficiencies. This project continues to be a work in process and integrat-ing the management of risk into a strategic and oper ational management system is a key criterion toward
achieving this framework. Therefore, over the past 12
months, the d epartment has placed emphasis on
leadership, governance, processes, actions and co ntrols, within the context of change management, with positive results.
Performance measures for the department
can be found on page B -187 and demonstrates to
stakeholders and citizens, the achievement s of public
value to a vulnerable population group. In pr e2020/21, performance measures were used as a yardstick for measuring outputs, or to say it differently, the old measures wer e focused on operational performance and did not demonstrate the effectiveness of work completed. Now, post -2020/21, new performance measures are focused on measuring out-comes, which better articulate the focus of the de-partment in achieving effectiveness and service deli very, for example, in accordance with page B -187,
[business unit 65050], r educing recoverable debt from
prior year . This allows the department to eliminate
waste and control budgeted amounts by effectively dealing with financial assistance fraud, reduce abuse of the system and overpayment of funds.
The original forecast for 2021/22 was to r educe recoverable debt by 30 per cent from the prior
year. However , due to the ongoing pandemic , invest igative officers were limited in mobility and face- to-face
meetings when conducting investigations . Therefore,
this number was revised downward to 15 per cent .
Given all practical considerations and anticipated
conditions, this revised forecast of 15 per cent will a lso be maintained for 2022/23.
The revi sed forecast at the end of January
2022 reflected a reduction of 5 per cent from the prior
fiscal period. It is hoped that by March 2022 the d epartment will achieve the 15 per cent which is stated
as the revised forecast.

Reduce number of “able- bodied”
and/or “earnings low” clients from prior year

Sen. Adrianna Hodgson: Financial Assistance is
committed to making work pay and its award structure
provides a foundation for this , as persons do not lose
all benefits if they find some employment. More work is being done to advance this policy to help get more
people back to work, discourage dependency and become financially independent. The pandemic neg atively impacted the achievement of this result for this
current fiscal period as job opportunities were scar ce.
The Financial Assistance Amendment Act
2021 was enacted in October 2021. This change represents phase one of Financial Assistance Reform
and requires recipients to register with the Department
of Workforce Development for job seeking purposes;
partici pate in workforce related assessments and d evelopment programs and enter into a Personal E mployment Plan agreement within six months of the
date of application to avoid disqualification of financial assistance awards.
The revised forecast 2021/22 remains hopeful
that with continual review and formulation of strategy, 10 per cent of clients that fall in the categories of able -
bodied unemployed and earnings low, can be trans itioned out of financial assistance and into sustainable work with independent living conditions. This percentage will remain as is for the year 2022/23 target outcome .

358 28 March 2022 Official Hansard Report

Bermuda Senate Reduce number of legitimate client
complaints from prior year

Sen. Adrianna Hodgson: This is aimed at improving
service delivery. The department completed the International Leadership Management customer service
training in the second quarter of 2021, as it is the expectation that officers maintain a courteous, compassionate and professional approach towards clients
and their needs. Additionally, a new intake process
was implemented in 2020/21 and resulted in a reduction of interview times, whilst improving department
response times to clients. These improvements are
reflected in the performance measures, whereby, the
department achieved a 100 per cent reduction in legi timate client complaints in 2020/21. Therefore, for its
revised forecast 2021/22 and target outcome for 2022/23, the department will be benchmarked against
a 50 per cent reduction from the last year of reported
legitimate client complaints, that is, 2019/20.

Reduce number of R eview Board appeals
from prior year

Sen. Adrianna Hodgson: A Financial Assistance R eview Board is appointed to hear appeals against the director’s decisions to
• refuse application for an award;
• impose special conditions on an award;
• suspend in whole or in part an award;
• vary an award;
• revoke an award; or
• require repayment of any sum of money
in accordance with legislation.
On an appeal the board may confirm, vary or
reverse the decision, which is the subject of the a ppeal. Notice of the board’s determination, together
with a statement of its reasons, shall be given to the
appellant and to the d irector; and, unless the b oard
otherwise directs, the determination shall come into
operation when the notice is given.
Therefore, this performance measure is aimed
at improving the overall administration of the Financial
Assistance Act, regulations and policy. The reduction
in number of legitimate client complaints, as previously discussed led to a positive correlation which resul ted in zero, or a 100 per cent reduction in the number
of review board appeals in 2020/21. At the time of
writing this brief the d epartment is on target to mai ntain zero review board appeals in 2021/22. Similarly,
the target outcome for 2022/23 is zero, or 100 per
cent reduc tion from the last year of reported review
board appeals.

Expenditure Overview

Sen. Adrianna Hodgson: Madam Chairman, the total
current expenditure is estimated to be $52,959,895, as shown on page B -185. This amount constitutes 83 per cent of the budget allocated for the Ministry as
a whole and is an increase of $1,553,862, or 3 per
cent from the prior year. This increase in budget r equest is required to fund the financial assistance pr ogramme based on forecasted upward trend of new applications due to t he COVID -19 pandemic , and an
increase to general administration support during the
fiscal period, based on increasing caseloads.
Note that during the prior year 2021/22, the
Ministry received additional funding to ensure financial
assistance payouts were s ustained. This additional
funding totalled $988,408 and was appropriated to
cost centre 65997, National Health Emergency. Overall, with this additional funding the revised total current
expenditure for 2021/22 stands at $52,394,441, as
shown on page B -185. Therefore, the increase in
budget request for 2022/23 from the prior year’s
2021/22 revised budget amount now stands at 1 per
cent when compared to the previously mentioned final
appropriated budget of 3 per cent .

Capital Expenditure

Sen. Adrianna Hodgs on: Madam Chairman, the total
capital expenditure is estimated to be $95,000 in fiscal
year 2022/23 compared to zero dollars from the prior
year, as shown on page C -13. This capital budget will
be required to facilitate any reconfiguration and up-grade as a direct result of FA reform initiatives and
also, to ensure the Financial Assistance System Sof tware [FASS] is in alignment with any changes to exis ting legislative mandate.
The FASS is a one- off, custom system developed specifically for the Department of Financial A ssistance , using vendor specific source code. During
fiscal year 2021/22, Financial Assistance reform di scussions commenced with all pertinent stakeholders.
Those discussions have resulted in proposals to
changes to legislation and, subsequentl y, any changes to legislation will result in operational, procedural
and policy changes to the Department of Financial
Assistance and more specifically to the dedicated F inancial Assistance System Software.

Manpower
Sen. Adrianna Hodgson: Madam Chairman, d uring
the prior year 2021/22 budget discussion, it was stated that stemming from a review conducted by Ma nagement Consulting Services for optimal design or framework, recommendations were made to address inadequacies with the then organi sational structure.
Those inadequacies pertained to roles, capabilities
and responsibilities of job descriptions versus the nature of the job being performed. As an update, I would
like to relay that the department is very close to completing the implementation of those r ecommendations,
and structural deficiencies and capability gaps are being addressed.


Bermuda Senate Similar to the prior two fiscal years (2020/21
and 2021/22) , the department received an extension
to additional funding for temporary service providers in
2022/23. This f unding will ensure capacity can manage the demand for the service requested and is cr ucial to mitigating “burn out ” and assuring that the department will continue to perform its fiduciary respo nsibilities in compliance with the law, its governance
structur e, risk management and internal control
checks.
This additional funding represents six potential FTEs [ full-time equivalents] which, together with
34 substantive positions brings the total full -time
equivalents count for 2022/23 to 40. The abolishment of one full -time equivalent, as previously discussed
per the Management Consulting Services recommendations, accounts for the variance of one FTE, when
compared to 41 from the prior year. These numbers
are shown on page B-186.

Business Units

Sen. Adrianna H odgson: The 2022/23 budget est imates are listed as two business units and are shown
on page B-185. They are 65050, Grants and Admi nistration, and 65080, General Administration.
Madam Chairman, c ost centre 65050, Grants
and Administration, is estimated at $48,861,840, also
found on page C-19. These funds maintain the financial assistance programme and the child day care programme. This amount represents an increase from
prior year’s original budget appropriation of
$1,519,520, or 3 per cent. This increase i s required to
ensure financial assistance payouts can be sustained
in 2022/23. More specifically, there is a decrease in
2022/23 budget request s for the child day care allowance grant from the prior year, by $602,114, or 28 per
cent. This decrease is inten ded to reflect a more acc urate representation of actual spend from the prior
year, together with a decrease in child day care allo wance applications as a result of the Bright Start Pr ogramme launched by the Ministry of Education in 2021. The department continues to identify key levers of success and failures, whilst deploying short -term
planning cycles and an agile forecasting tool during this time of uncertainty.
Madam Chairman, t he total estimate for cost
centre 65080, General Administ ration, for 2022/23 is
$4,098,[055 ], as shown on page B-185. This is an i ncrease of $34,342, or 0.84 per cent from prior year.
This increase is due to a combination of two factors. First, the expiration of the Government’s austerity measures, which included a reduction in sa laries by
10 per cent and suspension of social insurance and
public service superannuation contributions. For
BPSU general officers this expiration date was J uly 31, 2021, and at which point in time conditions of
employment reverted to those set out in the collective bargaining agreement and resulted in an increase in
salaries of $20,842.
Second, as a result of increased caseloads
coupled with increasing retail prices, it is expected
that there will be an increase in operational and ad-ministrative expendit ure of $13,500. This increase
comprises [the following] :
• an increase in acting pay of $8,000, which will
provide budget coverage to maintain business
continuity and reduce burnout;
• an increase in repairs and maintenance ph otocopiers of $2,000 , and printing of $7,500
because of increased printing and photocopier usage;
• an increase in minor furniture and fixtures for
both furniture and equipment of $500 each to
facilitate minor purchases due to ageing and
broken furniture and equipment; and
• a decrease in offi ce supplies by $5,000 based
on re- order quantity levels.
Madam Chairman, t he department’s investigative officers continue to conduct investigations and
pursue individuals or organisations that commit fraud
and abuse of the system , for instance:
1. where there were instances of unreported
income ( whether inheritance or gambling),
undeclared employment, unscrupulous
landlords, overstatement of caregiver
hours, unreported and unauthorised travel; misuse of food cards ; and
2. where unreported deaths of financial assistance clients result in an overpayment
to residential homes and/or unauthorised
client re location between nursing/rest
homes .
At the time of this brief, there were 71 active
cases for which the total reimbursable amount due to
the department was $383,422. Also at the time of this
brief, there were six active cases that were referred to
the Attorney General’s Chambers in an attempt to r ecover approximately $175,712. These cases are as a
result of fraudulent activity [or] abuse of the system.

Major Policy C hanges

Sen. Adrianna Hodgson: Madam Chairman, f aced
with a public health pandemic globally, COVID -19
presented an unusual disruption to the Bermuda economy. As a result, the Government expressed its
commitment to providing access to the supplemental
unemployment benefit to certain individuals whose
employment was directly impacted by COVID -19. In
September 2020, the Public Treasury [(Administration
and Payments)] ( Supplemental Unemployment Ben efit) Regulations 2020 became operative, and the D epartment of F inancial Assistance was appointed to
manage key functions as laid out in that document. To ensure business continuity in all other key activities
360 28 March 2022 Official Hansard Report

Bermuda Senate and deliverables, the department changed its oper ational strategy to facilitate this new legislation.
From in ception of the supplemental unemployment benefit programme, and at the time of this
brief, 172 persons had satisfied the criteria for receipt
of the supplemental unemployment benefit which i ncluded health insurance coverage for those persons
that requested it. That total cost to date was
$2,422,774. However, from the 172 eligible recipients,
114 recipients were cancelled, leaving a total of 58
persons that are currently in receipt of this benefit.
Cancellations were due to: 24 persons returning to
work; 34 persons that were not in compliance with
legislative requirements; 14 persons that received r edundancy payments; 23 persons that transitioned to
the Financial Assistance programme; and 19 persons
that requested voluntary withdrawal from the Suppl emental Unemployment Benefit programme.
Madam Chairman, t here continues to be a f ocus on the even distribution of case files amongst officers, so as to promote an equitable working env ironment. As of February 2022, the distribution of
caseloads among Financial Assis tance Officers r emains equitable and currently stands at 150 files per
officer, within acceptable industry standards. This was
only achievable because of additional funding provi ded for temporary service providers, as previously di scussed.
At the time of this brief, the average monthly
total number of clients equal s 2,234, an increase of
3 per cent over the same period in the prior year. As
previously stated, this increase in trend analysis is
expected to be sustained in financial year 2022/23,
and, as suc h, an extension of funding for the temporary service providers was provided in the new budget
year, as previously discussed.
The department remains focused on compl iance with Financial Instructions, Financial Assistance
Act and Regulations, Child Day Care Allowance Act
and Regulations and the Public Treasury Suppl emental Unemployment Benefit Regulations. Writing of
internal policies and procedures, which align with legislation, continues to be a work in progress.

Plans for the Upcoming Year
Sen. Adrianna Hodgson: Madam Chairman, during
the next fiscal period the department will focus on i ntroducing and implementing phase two of Financial Assistance Reform. Introducing reform with the current employment market conditions continues to be a
mammoth task. Rec ent immigration job category r estrictions have helped to boost opportunities for Bermudians. This initiative, coupled with the implement ation of the personal employment plans , should allow
for a reduction of the reliance of financial assistance.
Madam Chairman, t he social work arm of the
department will begin conducting psychosocial assessments of all clients categorised as either “able-bodied unemployed” or “earnings low,” in order to
comprehensively determine the clients’ needs. This
will enable the department to more holistically identify
and address any chronic emotional and psychological issues that contribute to barriers to self -sustainability
and psychological well -being.
Additionally, relationships with collaborating
agencies and resource centres w ill be expanded and
fortified, to ensure efficiency in services as our clients
traverse one provider [or resource] to another. In order to effectively implement these processes, innov ative technologies will be explored and utilised as much as possible.
Madam Chairman, t he department will conti nue to focus on standardising current procedures and clearly defining policies that govern operational activ ities. Assessments wil l be more consistent and clear to
ensure the avoidance of confusion for the client and to
reduce inequalities. There is an opportunity to intr oduce digital forms for persons making an application for financial assistance. This will improve analytics
and risk management.
Modern, innovative, digital technology facil itates internal efficiency and effectiveness and mobile
working conditions. The department has collaborated
with the Department of Information and Digital Tec hnology on this initiative with the intent to connect the public service with the people of Bermuda through comprehensive, secure, and accessible digital forms.
As mentioned before, this is one of the department’s
objectives, and it is hoped that data gathering and
reporting is expected to be less onerous in the very near future.
Madam Chairman, t he Department of Financial Assis tance continues to work hard to support
Bermudians who have been disadvantaged as a result
of an ever -changing economy. The COVID -19 pandemic certainly provided some challenges for the team . However, even during shelter in place they
were able to deliver essential services to the comm unity.
I would like to take this opportunity to thank
the staff of the Department for their continued dedic ation.
Madam Chairman, this ends my presentation
on Head 55, the Department of Financial Assistance.

Thank you, Senator Hodgson.
You are making good progress. We can now
move to the next Head, which is Workforce Development, Head 60.

HEAD 60 —DEPARTMENT OF WORKFORCE
DEVELOPMENT

Sen. Adrianna Hodgson: Thank you, Madam Chai rman.
I will now move to the 2022/23 Estimates of
Revenue and Expenditure for the Department of


Bermuda Senate Workforce Development, Head 60, found on pages B -
188 to B -193 of the Budget Book.
Madam Chairman, the mission statement of
the Department of Workforce Development as highlighted on page B-188 is: To develop a resilient wor kforce, to provide a sustainable and stable community.
Madam Chairman, the objectives of the department are to
• draft and implement the Youth Employment
Strategy;
• assist with Development of a Draft Policy and
Cabinet Memorandum to obtain authori sation
to issue instruction in support of phase 1 of
the Financial A ssistance Reform, to include
the development of personal employment
plans;
• execute phase 2 and phase 3 of the National
Reemployment Reintegration Job Strategy;
• design and facilitate the implementation of the
Training and Development Plan in targeted occupations to include r estaurants , cleaning,
landscaping, certified administrative assistant
among other high demand occupations and industry sectors;
• develop the National Wor kforce Development
Advisory Board; and
• prepare draft amendments to the National
Training Board.
Madam Chairman, the department ’s 2022/23
mission statement and objectives have been amended to reflect Government’s reform and new vision
statement , Future Forw ard Government for the People
of Bermuda.
Madam Chairman, our primary aim is to assist
Bermudians to become work ready and to position
them to successfully participate in Bermuda’s wor kforce. This starts at school age and continues through
until retirement. The Department of Workforce Development is a partner in ensuring Bermudians are pr epared for the workforce by providing the following:
• job opportunities in the summer for both high
school and college students;
• scholarships for local and overseas study;
• apprenticeships and t raining;
• national certification training;
• professional development;
• career guidance;
• assistance on redundancy and career
changes;
• employability skills training;
• job search support;
• graduate trainee and development pr ogrammes; and the
• Bermuda Job Board.

Current Account Estimates
Sen. Adrianna Hodgson: Madam Chairman, as noted on page B-189, the Department of Workforce D evelopment has been allocated a budget of $4,004,120
for the fiscal year 2022/23. This budget is $402,000
above the original budget allocation for 2021/22. This
is largely due to the addition of the new management
accountant’s salary and the cancellation of the salary
austerity measures that were previously put in place
during the COVID -19 pandemic for cost savings. This
is relative to all cost centres within the d epartment.
There has been no increase related to administration
cost for the department.
Madam Chairman, the Department of Wor kforce Development comprises [the following] three programmes as noted on page B-189:
• General Administration—6001,
• Career Development —6003; and
• Trainin g—6004.

Programme 6001—General Administration

Sen. Adrianna Hodgson: Madam Chairman, programme 6001, General Administration, is responsible
for the overall management and administr ation of the
Department of Workforce Development. As seen on
page B -189, business unit 70000, Administration, has
been allocated a budget of $816,956 for the financial year 2022/23. Salaries for this cost centre are estimated at [ $448,666 ] with $368,290 al located for administrative costs. This section is staffed by five full -
time employees, consisting of the director, a management accountant (unfilled), an a dministrative accounts officer, a c ustomer service representative and
a two -year temporary IT o fficer as reflected on page
B-191. The position of the management accountant is
currently being advertised to be filled as soon as is
practicable. Actually, Madam Chairman, I do believe
that the advertisement has closed at this time.

Programme 6003—Career Devel opment

Sen. Adrianna Hodgson: Madam Chairman, programme 6003, Career Development , is comprised of
Career Development Administration, 70300, and C areer Development , 70400. The programme is responsible for client assessment, employability skills training
and job search support. Where indicated, clients may
be referred for specific skills training and other support
services to increase the individual’s prospects for suitable employment and job retention.
The 2022/23 budget allocation for the entire
Career De velopment Programme is $1,472,294,
which is an increase of $137,000 compared with the
2021/22 original budget allocation.
Madam Chairman, the Career Development
Administration, b usiness unit 70300, is responsible for
designing services to meet the needs of job seekers
and reduce employment barriers. The section works
closely with employers, the Department of Financial
362 28 March 2022 Official Hansard Report

Bermuda Senate Assistance to assist abled -bodied clients , and the D epartment of Immigration. The administration has been
allocated a budget of $456,484 for the financial year
2022/23. This section is staffed by five full -time e mployees consisting of the C areer Development manager, two t raining and development officers, an a dministrative assistant and one i ntake officer as indicated on page B -191.
Madam Chair man, Career Development ,
business unit 70400 has been allocated a budget of
$1,015,810 for the financial year 2022/23. Funds to
support the Summer Employment Programme for college and university students is currently listed under
wages for classification purposes. This section is
staffed by three full -time Career Development o fficers.

Programme 6004—Training

Sen. Adrianna Hodgson: Madam Chairman, programme 6004, Training , provides administrative su pport and oversight of the National Training Board ac-tivities such as the apprenticeship programmes, the
distribution of scholarships, professional designation
training schemes and national certification of desi gnated trades. This s ection comprises the following:
• Training Administration —business unit
70014;
• Certification —business unit 70015; and
• Apprenticeship and Professional Development —business unit 70016.
The 2022/23 budget allocation for the entire
Training programme is $1,714,870.
Madam Chairman, Training Administration,
70014, has been allocated a budg et of $283,441 for
the financial year 2022/23. The s ection is staffed by
three full -time employees consisting of a T raining
manager, and two administrative assistants.
Madam Chairman, Certification , 70015 , has
been allocated a budget of $267,769 for the fi nancial
year 2022/23. The current funded staff complement
for this b usiness unit is two, which is the wages for the
two standard and enforcement officers.
Madam Chairman, Apprenticeship and Pr ofessional Development , 70016, has been allocated a
budget of $1,163,660 for the financial year 2022/23.
The staff complement for this b usiness unit is three
training and assessment officers.
Madam Chairman, as a result of staff shor tages, the post for one s tandard and e nforcement officer remains vacant. It is anticipated that the recrui tment for a standards and enforcement officer will be
filled this upcoming budget year. Additionally, due to COVID -19 and department staff and resources efforts
diverted to execute the National Reemployment Strategy.
Madam Chairman, the Apprentic eship/Professional Development performance
measures are outlined in b usiness unit 70016 on page
B-193. The scholarship programmes included in this initiative are available to individuals 18 years old or
older, and who are interested in expanding their skills
and knowledge focusing on vocational and technical
education. Financial support is provided for local and
overseas educational pursuits.
Madam Chairman, the Training Section
awards scholarships based on local workforce needs,
particularly in areas underrepresented by Bermudians.
During the period 2021/22 the department provided
funding for a total of 34 students for overseas studies. Due to the COVID -19 pandemic and the inability of
some students to return overseas, some continue
their studies online and others deferred their educ ation until 2022/23.

Major Achievements 2021/22

Sen. Adrianna Hodgson: Madam Chairman, I now
shift to highlight some of the additional work that was
undertaken during the 2021/22 financial year .
You will recall, in e arly 2020, the country
faced unprecedented challenges due to the COVID -19
global pandemic. Efforts to protect the public and mi nimise the spread of virus, prompted cautionary
measures. The COVID -19 regulations, though necessary for public health, have resulted in long -term uni ntended consequences for Bermuda’s economy, tourism industry and workforce. This significantly impac ted planned programmes for the 2021/22 financial
year.
Madam Chairman, I now shift to the work of
the Training Section. The Apprentices hip and Trainee
programme successfully expanded its apprenticeship, training, and internship programmes through engaging
targeted industry partners and hosting numerous f ocus group consultation meetings. As a result, additional opportunit ies were provided for Bermudians to
participate in full - and part -time employment and trai ning for apprentices, by specifically promoting employer incentives for formali sing apprenticeship and trainee
opportunities. Steady progress continues to be made,
in formali sing apprenticeship and training schemes
with both the government and private sector.
Madam Chairman, benefits of these training
schemes to employers and trainees include payroll tax
waiver, wage subsidies, paid on- the-job training , work
experience and industry qualifications. This payroll tax exemption from the Office of the Tax Commissioner
provides relief for employers who are committed to
training Bermudians. This fiscal year the Training Section expanded training opportunities to include a total
of 15 formali sed apprenticeship and t raining schemes.
Madam Chairman, in spite of the challenges
with the onset of COVID -19 and the need to shift operationally, the d epartment has deliberately engaged
in several public -private partnerships to respond to
workforce needs. As a result, the d epartment conti nues to take a collaborative approach to create opporBermuda Senate tunity for employers to connect with potential emplo yees to address Bermuda’s workforce needs.
Ministry and d epartment teams met directly
with businesses, employers, loc al recruiters and p otential employees to explore new options to provide
training and professional development opportunities
that lead directly to employment. As a result , measurable gain was made through various modalities of
face- to-face, on- the-job training, online virtual learning
webinars, internships, apprenticeships and trainee programmes in which over 800 Bermudians partic ipated, many of whom received either part - or full -time
employment as a direct result of engaging in these
training and career dev elopment opportunities.
Madam Chairman, the department continues
to provide sponsored training programmes and initi atives to fill the gap where Bermudians are underrepr esented to be trained and employed in high demand
occupations in the workforce. This inf ormation is gui ded by the “ Bermuda Job Market Employment Briefs. ”
The department uses this data along with the information from the Department of Statistics closed and restricted job categories list to determine areas of
training and development programmes for Bermudians.
Madam Chairman, the department continues
to work with local and overseas training providers to advance [and] expand apprenticeship and internship
training and employment opportunities for Bermudians in the technical, vocation and trades.
Madam Chairman, the Training Section , in
collaboration with the National Training Board, is in
the process of revisiting the policy to make reco mmendation for implementation to the National Wor kforce Development Advisory Board as well as
amendments to the N ational Training Board to advance national certification that will provide a direct
pathway to n ational certification in collaboration with
Bermuda College.
Madam Chairman, the Department of Wor kforce Development continues to work with the Occ upational Adv isory Committee to promote n ational certification and recertification for welders, electricians, automotive mechanics and landscape gardeners .
Recommendation will include the launch of an online training and testing platform for identified tradesper-sons to utilise as a self -paced assessment tool in
partnership with Bermuda College and the National
Training Alliance. Utili sing an online platform provides
greater access to requisite courses for national certification. The online virtual training, testing plat form and
traditional classroom instruction will be aligned with
the National Certification codes and standards. It is
anticipated that this online platform will be launched
early in the upcoming fiscal year .
Madam Chairman, recogni sing the need for
alternative training and development modalities to meet the needs and demands of “at -risk” clients the
Training Section provided funding for training pr o-grammes for 12 at -risk individuals. The Successful
Academic and Vocational Ed ucation Programme
[SAVE ] is a collaborative partnership with the follo wing stakeholders:
• Department of Financial Assistance;
• Court Services;
• Bermuda College;
• Mirrors;
• Bermuda Housing Corporation; and
• Department of Corrections.
SAVE coordinates services and resources for
at-risk individ uals to increase access to academic and
vocational training. Apprenticeships, on- the-job trai ning, internships and professional development are avenues utili sed to help participants to achieve self -
sufficiency and sustainable employment.
Madam Chairman, Su mmer Employment Pr ogramme coordinated by the Career Development Section of Workforce Development assists Bermu da College and university students in the development of
their career goals by connecting work experiences to
their academic learning. Work assignments are pr ofessional in nature and based on entry -level job d escriptions. Interns receive placements within gover nment, private and non-profit sectors where they learn
leadership and decision- making skills, time management, conflict resolution, and career and work compe-tency standards.
This year, although the pandemic presented
unique challenges, the Summer Employment Pr ogramme commenced in June 2021 with a total of 75 students being placed in internships. The programme ran from June through August. Each intern completed
up to 10 weeks and received a maximum of $6,000 for
work performed.
Madam Chairman, the Career Development
Section also coordinat es the Summer Internship Pr ogramme for high school students. The programme runs for the month of July and prov ides participants
with an introduction to the workforce and career exposure. As a result of the programme, the Summer I nternship Programme participants are better equipped
to make more informed choices about their future c areer path. This year there were a total of 52 partic ipants from the public, private and home schools sectors. The programme continues to have a deliberate
emphasis on work readiness and developing talent for Bermuda’s workforce.
Madam Chairman, it is important to highlight
the work this s ection continues each summer to pr epare youth for Bermuda’s workforce and address
youth unemployment. Similarly, the Career Development team has facilitated employability skills sessions
for private and public schools. Although we could not have a physical presence in the schools this financial
year, the team facilitated several virtual sessions for
the Berkeley Institute S4 students. The emphasis was
on career readiness, utili sing the Bermuda Job Board
and sharing information on the summer employment
364 28 March 2022 Official Hansard Report

Bermuda Senate progr ammes. Supporting career awareness and work
readiness in the schools is a worthwhile partnership,
one that we hope will bear fruit for many years to
come.
Madam Chairman, during this financial year ,
the department has been intentional about addressing
youth unemployment. Youth, under age 26 have hi storically seen the highest unemployment levels according to sequential “ Bermuda Job Market Emplo yment Briefs. ” COVID -19 has compounded the cha llenges this age group faces when trying to enter Ber-muda’s workforce. Therefore, the Career Development Section launched a pilot Graduate Trainee Pr ogramme in early 2021. A total of 15 recent college graduates were selected for the opportunity. Most r ecently, the d epartment offered the programme to a
second cohort of 10 rec ent college and university
graduates.

Plans for the Upcoming Year 2022/23

Sen. Adrianna Hodgson: Madam Chairman, I now
shift to highlight the work that will be undertaken during the 2022/23 financial year . The department will
continue to
• implement phase 2 and 3 of the National
Reemployment Strategy;
• implement the Youth Employment Strategy;
• implement the p ersonal employment plans;
• expand apprenticeship and training pr ogrammes; and
• digitise department intake application and registration forms.
Madam Chairm an, the following information
provides the how of the implementation of the abovementioned programmes and service deliverables to
the public.
Madam Chairman, the department will conti nue to execute the implementation of phase 2 and
phase 3 of the Workforc e Development Reemplo yment Strategy, aimed at reducing unemployment . This
strategy is in alignment with the Government’s platform initiatives and Ministry priorities and is designed
to implement a phased approach to provide training
and career development opportunities to facilitate the
ease of finding employment for Bermudians. This is in
direct response, as a result of the COVID -19 pandemic, resulting in thousands of Bermudians being unemployed.
Additionally, due to the contraction of the
workforce, the plan includes collaborating with industry partners to provide quality training and develop-ment programmes for Bermudians to retrain, reskill,
upskill and become equipped, which will reduce the
number of work permit in specific occupations that
have a high number of expatriate workers. The prim ary objective is to get Bermudians back to work doing
jobs that Bermudians can do. Madam Chairman, consultation and collabor ation meetings with key industry partners aims to design and implement industry -driven trainin g and c areer development programmes, apprenticeships, i nternships , and the like, that work in the interest of unemployed Bermudians as well as those that add public value to the country. These programmes and services for clients aim to provide targeted tra ining and
development in identified areas of workforce need that
directly connect Bermudians with employment. Project
teams will match and track industry partners and cl ients’ progress to better connect employers with
trained and qualified unemployed Bermudians for e mployment opportunities.
Madam Chairman, to further advance the d evelopment and implementation of the r eemployment
training and development plan, guided by current and
projected industry -based needs and information from
the Department of Immigration, focus will be targeted
in occupations of the workforce designations to facil itate employment opportunities in high demand occ upations especially in restricted and closed job categ ories held by guest workers based on workforce trends
and labour market information.
Madam Chairman, the department will conti nue to increase the number of training and develop-ment programmes and apprenticeships to reduce both
adult and youth unemployment and align with industry needs. The d epartment continues to experience c onsiderable success with employer engagement and
public -private partnerships. For this reason the Trai ning Section, in consultation with the National Training
Board , will establish a more deliberate approach of
engaging key industry stakeholders. The appro ach will
be more measured to understand what resources are
needed and what additional incentives can be impl emented to increase the number of on- the-job training
opportunities for Bermudians.
The section will target the following industries
for the 2022/2 3 budget year:
• hospitality;
• vocational/ technical trades;
• information technology;
• healthcare; and
• other high demand occupations.
Madam Chairman, the department plans to
use a more focused approach in the options for scholarships to support a talent pipeli ne for Bermuda’s
workforce.

Senator Hodgson, may I just interrupt
for a minute? This is a time check. You have half an hour left in this debate. I am sure there are people
who would like to ask some questions. Do you have
much more to—

Sen. Adrianna Hodgson: Madam Chairman, once
again, I am very close to the end. I am wrapping up.



Bermuda Senate The Chairman: Thank you.

Sen. Adrianna Hodgson: Thank you.
Madam Chairman, the department plans to
use a more focused approach in the options for scholarships t o support a talent pipeline for Bermuda’s
workforce.
We recogni se that there are individuals who
do not have the economic means to pursue higher
learning. The d epartment will award scholarships on
the combined basis of financial need and workforce
priorit ies. Scholarships will be awarded to persons
pursuing professions in areas traditionally underrepr esented by Bermudians to reduce the number of work permits in occupations that have a high number of expatriates to get Bermudians back to work in entry -
level, mid -level and high demand occupations in the
workforce.
Madam Chairman, the department remains
committed to invest ing a total of $350,000 to support
Bermudians to pursue tertiary education locally and at overseas educational institutions.
Madam Chairman, the department will work
closely with the Department of Communications to
launch an awareness campaign, utili sing digital and
social media platforms to encourage unemployed
adults and youth to register at the Department of Workforce Development, in order to be made aware
and informed of the various training, career develop-ment employment programmes and services avail able.
Madam Chairman, the department remains
committed to ensuring that Bermudians are not disad-vantaged and that they are sufficiently prepared to
meet the needs of the workforce. To that end, the d epartment will embark on developing and implementing
a more strategic succession planning approach within
Government, particularly in high demand occupations
to provide experience and training in hi gh demand
sectors in the workforce.
Madam Chairman, in the upcoming financial
year, the department will continue to collaborate with
government departments as well as the private industry sector to better understand forecasted needs. For example, the department will co -sponsor local and
overseas training, career development, graduate trai ning experience and internship programmes to i ncrease practical on- the-job training, and employment
opportunities for Bermudians in the various occup ations in the workforc e.
Madam Chairman, this department remains at
the forefront of providing training and career develo pment programmes and services for Bermudians in
preparation for the world of work, moreover during
these unprecedented times.
Thank you, Madam Chairman.

Thank you, Senator Hodgson. You
have had a quite a go this afternoon. Thank you. Would any Senator wish to speak to these
Heads? Perhaps we can take them in order again.
First, Immigration, which is Head 27.
Senator Robin Tucker, you have the floor.

Sen. Robin Tucker: Thank you, Madam Chairman.
My first question comes from page B -180,
Revenue Summary, line item 8293, Residence Fees.
It was mentioned in another place that there were 47
Economic Investment Certificate leads generated
since Marc h 2021 and that there were 13 Economic
Investment Certificate applications approved for a t otal investment of $256 million. And I believe the Junior
Minister also referenced that in her presentation.
The Minister has the discretion to authorise
that quali fying investment certificate funds be used for
what is termed as “social or useful venture that ben efits Bermuda, Bermudians and things Bermudian.” So,
can the Junior Minister tell us whether any proceeds
of the Economic Investment Certificate qualifying i nvestments were invested in any social or useful ventures that benefit Bermuda, Bermudians and things Bermudian? And if so, please provide a breakdown of
how these funds were allocated and what initiatives
those funds were used for.
My next question relat es to page B -182, performance measures , business unit 37010, Corporate
Services, the third from the top. Given the hefty i nvestment made to automating the work permit applic ation processes, can the Junior Minister explain why processing times for standard, seasonal and occupational work permits will remain at 20 workdays, which
is the normal processing time? This has been the
norm until at least fairly recently. And I can tell you
from what I do in my day job . . . I work with Immigr ation quite a bit.
Another part to that particular question is . . .
the Junior Minister made references in her Statement to approvals being able to be made as they are ge tting the new systems in place, that the Minister or the
Immigration senior leadership will have some responsibility for approving permits. So, I am wondering what
the role of the immigration board will be in approving
and vetting work permit applications.
My next question is from page B -183, bus iness unit 37030, Compliance. The original 2021/22 forecast for investigating illegal workers was three to
six months. [It was] re -forecast for the same period as
six to nine months. The target for 2022/23 is also six
to nine months. Can the Junior Minister tell us why an
investigation into an illegal worker takes six to nine
months compared to an investigation for an overstay,
which is about a month? And that is still a consider able amount of time, especially given that we have so
many Bermudians out of work. So, if the Junior Mini ster could provide some information that would be
wonderful.
I will give other people a chance to ask questions, but one last question I would like to ask comes
366 28 March 2022 Official Hansard Report

Bermuda Senate from page B -121, Employee Numbers. Can the Junior
Minister tell us how long the corporate services and
personnel manager positions hav e been vacant?
These two particular roles, as I understand . . . and
certainly, as I said, I have worked with immigration for a number of years. As I understand it, these are pretty
critical roles. So I would like to know how long these
positions have been vacant. The Junior Minister mentioned that advertising was to start in March. March
ends on Thursday. So, it would be great to have an
update on that.
The last part of that question is also whether
internal candidates . . . so are there promotional opportunities available for people within the department
to take over these roles?
Thank you, Madam Chairman.

Thank you, Senator Robin Tucker.
Would any other Senator wish to speak to
Head 27, Immigration?
Senator, Ben Smith.

Sen. Ben Smith : Thank you, Madam Chairman.
I have a question on page B -182 when it
comes to average processing time for passports. I
know this is something that most people in Bermuda
get interested in as we are getting to the point where people might start travelling again after the last couple
of years of COVID -19. The processing time actual and
forecast used to be four to six weeks. And it looks like
it is moving to 11 weeks. Can the Junior Minister give
us some insight into why it would move to 11 weeks,
considering t hat if you put in an application for a Bri tish passport, which you do online, and you do your
processing, it comes back significantly faster than
that. What is the holdup for the Bermuda passport? If
we could get some details on that, it will be very hel pful. Thank you.

Thank you, Senator Ben Smith.
Senator John Wight, I see your hand. You
have the floor.
Sen. John Wight: Thank you, Madam Chairman.
Just one question for the Junior Minister. As
we know, international business is the driver of Bermuda’s economy. And I still hear anecdotally that it is
taking a long time for work permits to be processed.
So, my question, in reviewing the performance
measures on page B -182, is that I would have expected to see a performance measure being the pr ocessing time for work permits. And, you know, these are positions where if there is not a qualified Bermudian, these businesses have to go overseas. So, it is
obviously critically important that we keep these bus inesses in Bermuda and happy.
So, again, I am just curious as to why there is
not a performance measure in respect to what would
appear to be a very important role in immigration. And secondly, it is not a performance measure, but what is
the expectation for businesses who are seeking work
permits for overseas workers to come to Bermuda in
international business? Thank you, Madam Chairman.

While you are thinking about that, I
would just like to acknowledge the presence of the Permanent Secretary for the Ministry of Economy and
Labour, Mr. Collin Anderson, who is in the Chamber.
It is good to have you here, Mr. Anderson.
Senator Hodgson.

[Committee of Supply continuing]
Sen. Arianna Hodgson: Yes, Madam Chairman. I
actually do have at least two quick responses. The
first is for Senator Ben Smith’s question about the 11week processing time for passports. And I can actually say that it was confirmed last year from the Government that, unfortunately, the UK authorities are the entity that confirmed the 11- week timeframe. So that
is outside of the department’s control.
Regarding the delays in the online application
system, I can say that we have been in regular contact with our industry partners regarding the delays. I
can say that in some instances the scope has changed a little. W e are taking our time to make sure
that we get this right. And the most important part is that we are staying in constant contact with our indus-try partners.

Thank you, Senator Hodgson.
Is there any follow -up to those responses?
Senator Sm ith.
Sen. Ben Smith : Yes. Thank you, Madam Chairman,
and thank you to the Junior Minister for her response.
Still on the passports. I am wondering if there
has been any update on the actual coding of our
passports, which has caused quite a bit of an issue. I
know that it is something that we bring up every year.
But is there an update on whether we are going to get
a change in the coding in the hopes that when people apply for a new passport it will not cause the same
issues and delays? When travelling, not just to the US
but when you travel from another country into the US, sometimes it is causing some confusion and delays,
and sometimes people are missing flights because of


Bermuda Senate it. So, can we get an update on whether that coding
change is going to be happeni ng soon?
Thank you.

Thank you, Senator Smith.
I will just remind the listening audience that
we are in Committee of the whole [Senate] for further consideration of the Appropriation Act 2022 together
with the Estimates of Revenue and Expen diture for
the year 2022/23. The Ministry under consideration right now is the Ministry of Economy and Labour. And we have had some questions on Immigration, which is
Head 27. We are just waiting for responses to those
questions.
Sen. Arianna Hodgson : Madam Chairman, I do have
a response to Senator Smith’s follow -up question.

Thank you.
Sen. Arianna Hodgson : I did want to advise that
there were some financial implications that have r esulted in delays in the updates of the code. However,
that fix has been approved by Cabinet. So, we are
now waiting for the UK Government to start the pr ocess to fix this. I know that a lot of us have been negatively impacted. Hopefully it will soon be sorted out.

Okay, thank you.
Shall we go on to Head 55, Financial Assi stance, while we are waiting? Or do you have more
answers, Senator Hodgson?

Sen. Arianna Hodgson : Madam Chairman, I would
say we can go on to the next Head just to ensure that
we get, I guess, some more conversation going in the few moments that we have left.

Okay. Would any Senator wish to
speak to Head 55, Financial Assistance?
Senator Robin Tucker, you have the floor.

Sen. Robin Tucker: Thank you, Madam Chairman.
In reference to page B -187, performance
measures , given how vital the Department of Financial
Assistance is, and how much money is required to
fund it, can the Junior Minister provide an explanation
as to why the number of performance measures was
reduced by removing some very key measures, such
as, th e number of site visits, ensuring compliance for
financial assistance clients, training for staff, and some others as well? So, if she can provide some de-tail around this that would be wonderful.
From page B -187, again performance
measures , business unit 65050, General Administr ation. The first item from the top speaks to reducing recoverable debt from the prior year. Nothing was r ecovered for 2020/21, which is likely attributable to COVID -19, but 30 per cent was re- forecasted for 2021/22, and amended duri ng the same period. Only
15 per cent is expected for 2022/23. Can the Junior Minister confirm the total amount of funds to be r ecovered under this line item? And which area in or outside of the department is working to recover those funds?
Another question is from page B -184, Head
55, the Objectives. The Ministry of Health is piloting a
programme to provide support to persons with mental
health challenges to attend court with a mental health
worker. So, I am wondering if the Junior Minster can tell us if a ny plans are under consideration to also
provide this level of support to financial assistance
clients with mental health challenges to help them
navigate through the system.
The programme that the Ministry of Health
has implemented is called Liaison . . . it is actually a
position . . . Liaison and Diversion Officer. And it
would be very helpful for persons with mental health
challenges to have someone to support them as well
as they go through the financial assistance process.
The last question that I h ave is from page B -
186, the FTEs (full -time employees). I realise that the
Junior Minister mentioned the caseworker to caseload
ratio. I missed it. I missed the actual number. But I
would just like to know whether that caseload is manageable for the indivi duals, for the caseworkers, because, again, if we have our caseworkers crumbling under stress, we have a problem. If it is not manageable, is that something that is also needed? Perhaps
funding should have gone to hiring more staff because
the needs are gr owing. So, that is the last question
that I have at this time.
Thank you, Madam Chairman.

Thank you, Senator Tucker.
Is there any other Senator who wishes to
speak to H ead 55, Financial Assistance?
If not, I would just like to suggest that we keep
going forward to Workforce Development, and that is
368 28 March 2022 Official Hansard Report

Bermuda Senate Head 60. Is there any Senator who wishes to speak to
Head 60, Workforce Development?
Senator, Robin Tucker, I see your han d yet
again.

Sen. Robin Tucker: Thank you, Madam Chairman.
This is a new head, so this doesn’t count for
the last one.

We will not hold it against you.
Sen. Robin Tucker: Thank you, Madam Chairman.
Referencing page B -189, I am wondering if
the Junior Minister could tell us the exact number of
people that Department of Workforce Development has in their records that are currently unemployed.
And I would also like to know how the department is
measuring success in the initiatives that they are currently putting in place to get people retooled and r etrained. So, that is two questions.
Another question from page B -189, General
Summary, business unit 6004, Training Certification,
and it is also line item 70015. In 2017 the Government
implemented a National Certification Scheme mandating that all welders, automotive service technicians,
electricians and landscape gardeners had to pay a
$265 fee to become registered in their vocation with the Department of Workforce Development. The N ational Cer tification credentials under that scheme were
valid for five years, which means recertification is due
for 2022.
Can the Junior Minister provide a breakdown
of the total number of persons in possession of the
National Certification that I just mentioned— welders,
automotive service technicians, electricians and landscape gardeners —that will be required to recertify this
year and where that amount would be represented in the revenue summary?
Another question that I have is from page B -
193, performance measures , business unit 70400,
Career Development, which is the third from the top.
And this is probably just a point of clarification for my
own understanding, if everybody else gets it. But the third from the top speaks to the number of candidate
registrants on the Bermuda Job Board. The Job
Board, as we know, is an extremely useful tool for advertising and helping people to apply for jobs. This
measure then shows the number of registrants on the
Job Board has increased from 22,000 in 2021/22 to
23,500 as forecasted in 2022/23. Can the Junior Mi nister tell us exactly what this performance indicator is intended to measure so that we can understand the validity of this measure?
There are people who are registered on the
Job Board. There are multiple registrations. The same person could be registered more than once. So, what is this number actually telling us? That would be hel pful to know. My last question is that in the Junior Minister’s
Statement she referenced (and this also could be a point of clarification because I may have missed part
of this) that closed categories would be used to help the Department of Workforce Development to help prepare Bermudians to get back to work. So, one
thing immediately popped into my mind, which is that
switchboard operators are in the closed category.
There are some positions that are either phased out
or are phasing out.
So, I am wondering whether the work permit
category (which the Job Board actually implemented some time ago), which shows you all of the work permits and t heir upcoming expirees, would be som ething that they are currently using. And if they are not
using it, if they might think about using it as something
that would be more reliable to help prepare Bermudi-ans to get back to work in the areas where there are
work permits coming up for renewal.
So, with that I will stop. Thank you, Madam
Chairman.

Thank you, Senator Tucker.
Is there any other Senator who wishes to
speak to this Head, Workforce Development?
Senator Ben Smith.

Sen. Ben Smith : Thank you, Madam Chairman.
Just following on from what Senator Tucker
was just saying. We have been talking about making
changes, efficiencies, technology. And I am just wondering, after listening to these three Heads, if there is technology that has been put into place that is going
to link all three of these together so that the infor-mation provided in one is helpful in all three.
So, as an example, when you are putting in
applications for work permit processes, if you know
that there are four Bermudians who are trained and
certified and out of work, it would quickly be highligh ted for the people in Immigration. And they will know ,
Okay . So, you need to make sure that you are having
these people have the application. And on the flip
side, if there were no Bermudians out work, certified in
those roles, that should speed up the process for
those work permits.
So, if there is a thought to moving in that direction, or if that is already starting to be implemented,
it would be helpful if we knew that so that t he data is
provided and it would speed up the process and help
both the Bermudians looking for work and for the
businesses that are trying to get people from overseas into those jobs.
Thank you.

Thank you, Senator Smith.
And we are quickly running out of time, so I
am going back to Senator Hodgson to see if she can
supply some answers to these questions.
Senator Hodgson.


Bermuda Senate Sen. Arianna Hodgson : Madam Chairman, to reply
to Senator Smith’s question, I can say that functional ity between systems is one of the reasons we have to
take our time with the exercise of reviewing and analysing where we are with the IT systems. Most of us will know that we have a number of systems that are
not integrated at this time. We have a lot of information, but unf ortunately there is not much information- sharing between those systems. And that is
definitely a main priority for the Ministry as a whole.
So, when we look at Immigration and we look
at Workforce Development, you know, our systems at
the airport, we are definitely looking to identify all of
the ways that we can have our systems work more
efficiently.
I can also follow up with one of the earlier
questions that looked at the processing times. And like Senator Tucker, I was also one of those professionals w ho would often be frustrated by the turn around times. At this time, the standard turnaround
time does remain at 20 days. However, when we look at the international business sector in particular, we
are hoping that the turnaround time will be reduced to
14 business days. So, we are looking at ways to make
the process a lot quicker, obviously, and automation is
one of the key factors there. But we will continue to
look at ways to enhance the process.
As was indicated perhaps by one of my earlier
answers, we are currently using the system internally in terms of Microsoft Dynamics. However, we are not
in a place where we can take it public. And as soon as
we have more information around that, we will def initely be sharing and looking for some feedback.
There w as a question on Head 55 about our
performance measures. There was an exercise act ually conducted to better align the performance
measures with our mission and vision, as well as the
strategy and business plan for the department as to
ensure that they are more meaningful and appropr iate. From time to time those performance measures may change. But like my Honourable colleagues, I am
also one of those persons who can appreciate a smart
measurable goal, so I do understand the necessity for those types of ques tions.
And let me move around. I actually do not
want to touch on the numbers that call for specific numbers just because we are pulling that data.

Sen. Robin Tucker: Madam Chairman. If I may. It’s
me.

I thought Senator Hodgson was still
speaking. I knew there was a change in tone, but I did
not know why.
Sen. Robin Tucker: I just wanted to ask, because I
did ask about the role of the Immigration Board. So, if
the Junior Minister . . . because we are running out of
time, if she does not have any answers with regard to
the finances, then it would be good to know if the I mmigration Board will be continuing to approve work
permits. Or is that going to be wit hin the remit of the
senior leadership and the Minister?
Thank you.

Thank you. There are several questions that have not been answered yet. Not just that
one.
And believe it or not, we are out of time. So,
the two hours for the Debate of t he Ministry of Economy and Labour have now elapsed.
I would like to thank Senator Hodgson and
ask if it would be possible for her to forward respons-es to the unanswered questions so that the Senators
who have asked can have that information. Yes?
Sen. Ar ianna Hodgson : Yes, Madam Chairman. I will
endeavour to get some answers and have some offline conversations with Senator Tucker.

Senators and the listening public, we
are in Committee of the whole [Senate] for further
consideration of the Appropriation Act 2022 together
with the Estimates of Revenue and Expenditure for
the year 2022/23. The Ministry under consideration is Social
Development and Seniors. The Heads for debate u n370 28 March 2022 Official Hansard Report

Bermuda Senate der this Ministry are Heads 86 and 23, which can be
found on pages B -286, 287 and 292. The number of
hours alloc ated to these Heads is one hour. The Senator in charge is Senator Lindsay Simmons. The start
time is 6:14 so we will finish no later than 7:14.
Senator Simmons, how do you wish to pr oceed?

Sen. Lindsay Simmons: Thank you, Mr. Chairman.
Mr. Chairman, I move that the Committee do
now take under consideration Head 86, Ministry of
Social Development and Seniors Headquarters and
Head 23, Child and Family Services.

Thank you, Senator, please proceed.

MINISTRY OF SOCIAL DEVELOPMENT
AND SENIORS

Sen. Lindsay Simmons: Mr. Chairman, I am pleased
to present the fiscal year 2022/23 Estimates of Rev enue and Expenditure for the Ministry of Social Deve lopment and Seniors by providing a brief overview of
the Ministry as a whole.
Mr. Chairman, as the Junior Minister of Social
Development and Seniors I have the responsibility for
the following portfolios: Department of Child and
Family Services; Social Services; Ageing and Disabi lity Services; Charities; and the Human Rights Commission.
Mr. Chairman, curr ently the Ministry is comprised of two heads. I will provide detailed information
on Head 86, the Ministry Headquarters (inclusive of Ageing and Disability Services and the K. Margaret
Carter Centre) followed by the Department of Child
and Family Services, Head 23.

COVID -19 and the Budget
Sen. Lindsay Simmons: Mr. Chairman, as a result of
the global pandemic, it was necessary to reprioritise
our resources and to adjust our focus to deliver sound programmes and services. This entailed ongoing di scussion and collaborative efforts, for example, being aware of the technical challenges that were faced by Bermuda’s seniors during this time. The Ministry
Headquarters staff supported seniors and our vulnerable population in accessing and printing their Saf eKey cer tificates.

National Priorities

Sen. Lindsay Simmons: Mr. Chairman, I would like
to inform the Members of the Senate of the status of
the Ministry’s ongoing priorities that commenced in
fiscal year 2021/22.
Mr. Chairman, we are pleased that the Mini stry of Social Development and Seniors will continue to
advance the Children In- Care Advisory Council. The Council has been modernised to ensure that those
children in care who are able to form their views and
freely express them on matters concerning their soc ial
development and well -being are given the opportunity
to do so. This allows the child’s voice to be heard and considered, in order to uphold Articles 12 and 13 of
the United Nations Convention on the Rights of the
Child [UNCRC]. Mr. Chairman, the Bill was introduced
in the Honourable Chamber today .
Mr. Chairman, the Ministry in conjunction with
the Department of Child and Family Services, will co ntinue to advance the Independent Living Transition
Programme that has been developed to ensure that
children ageing out of the care of the Director of Child
and Family Services receive adequate levels of support while they transition.
Mr. Chairman, the litigation guardians, when
appointed by the courts, are individuals who seek to ensure the best interests and s afety of children in
court proceedings. This is a provision within the Ber-muda Children Act 1998. The Ministry has been wor king collaboratively with the Foreign and Commonwealth Office, the Office of the Governor , two exper ienced family court professionals , the Executive Team
of the Department of Child and Family Services, the Judiciary, community and non- profit organisations and
Bar members.
In these past few months, Mr. Chairman, a
training manual was finalised, recruitment of new lit igation guardians is nearing completion, and an intensive week -long training programme was conducted in
February 2022.
Mr. Chairman, before proceeding with specific
details of the Ministry’s budget, I would like to take the opportunity to inform Members of the Senate about the Ministry’s priorities for financial year 2022/23.
Due to the growing increase of financial abuse
against our seniors as stated in the Throne Speech 2022, the Ministry will review the Senior Abuse Regi ster Act 2008. This review aims to introduce amendments to the legislation that ensures seniors have the
necessary legislative protections against financial
abuse.
Mr. Chairman, currently, there is no official
register of persons with disabilities in Bermuda. T he
Ministry will develop a Formal Register of P ersons
with Disabilities. The purpose of the register is:
1. To enhance the lives of children, men, and women with disabilities by reducing or elim inating the existing barriers they face daily.
2. To provide a method to record all persons with disabilities in ou r community in a centra lised location.
3. To improve statistical data collection on per-sons with disabilities in Bermuda.
Mr. Chairman, the summary of the fiscal year
2022/23 current account budget estimate for the Mi nistry of Social Development and Seniors i s found on
page B -286 of the approved Estimates of Revenue


Bermuda Senate and Expenditure for the year 2022/23 (Estimates
Book). The Ministry’s total budget estimate for the fi scal year 2022/23 is $24,591,000. Mr. Chairman, this
represents an increase of [$858,000] , or 4 per cent
compared to the original estimate of $23,733,000 for
fiscal year [2021/22] , page B -286 of the Estimates
Book.
Mr. Chairman, the breakdown of the Ministry’s
current account budget estimate for 2022/23 by head
as shown on page B -286 is as follows:


HEAD
Department 2022/23
Estimate
($M) %
Increase
(Decrease)
86 Ministry
Headquarters $6.925 14
23 Child and Family
Services $17.666 0
Ministry Total $24.591 4

Sen. Lindsay Simmons: Mr. Chairman, the summary
shows that the fiscal year 2022/23 budg etary alloc ations for Head 86 have increased while allocations for
Head 23 remain the same. I will explain these chan ges in the budget further in this brief.

HEAD 86 —MINISTRY OF SOCIAL
DEVELOPMENT AND SENIORS
HEADQUARTERS

Sen. Lindsay Simmons: Mr. Chairm an, the current
account expenditure for Head 86, Ministry Headquarters, will now be presented and can be found on pa ges B-286 to B -291 of the Estimates Book.
The financial year of 2022/23 Estimates of
Expenditure and Revenue for Head 86, the Ministry
Head quarters, can be found on page B -286 of the E stimates Book. Ministry Headquarters is responsible for
the budget of five business units: 96000—
Administration; 96040 –Ageing and Disability Services;
96050– K. Margaret Carter Centre; 96060– Policy D evelopment; a nd 96070– Grants to the Third Sector.
Mr. Chairman, the mission of the Ministry of
Social Development and Seniors Headquarters found
on page B -287 of the Estimates Book is the protection
of all individuals during their lifetime and facilitation of
well-being. The objectives of the Ministry Headquarters are to:
• collaborate with Ministry departments in order
to ensure overall policy objectives are met;
• create partnerships that will allow for better
coordinated services that are more synergistic
with Government ’s social initiatives;
• help facilitate or improve social supports for
Bermuda’s at -risk populations; and
• advance Government’s social policy initiatives
with an emphasis on social cohesion.
Mr. Chairman, page B -288 shows that the t otal budget allocation for the Ministry Headquarters for fiscal year 2022/23 is $6,925,000, split between the
following business units:
• 96000—Administration, $1,535,000
• 96040—Ageing and Disability Services,
$809,000
• 96050—K. Margaret Carter Centre, $1,749,000
• 96060—Policy Development, $159,000
• 96070—Grants to the Third Sector, $2,673,000
Mr. Chairman, the total budget allocation re presents a net increase of 14 per cent or $841,000
more than fiscal year 2021/22 original budget of
[$6,084,000] .
Mr. Chairman, I will now present the budget
for business unit 96000, Administration, which can be found on page B –288 of the Estimates Book.

Business Unit 96000 —Administration

Sen. Lindsay Simmons: Mr. Chairman, the Ministry
Headquarters, Administration, business unit 96000 ,
has an increase in budgetary allocation for fiscal year
2022/23 of $923,000, or 151 per cent compared to the
original budget for fiscal year [ 2021/22] of $612,000
as shown on page B -288.
Mr. Chairman, the number of full -time equiv alent positions, as shown on page B -289 of the Est imates Book, is three for business unit 96000 of the
Administration Section of Ministry Headquarters. Mr.
Chairman, this increase in budget allocation for bus iness unit 96000 includes the following:
• $300,000 for the payment of services provi ded by the Litigation Guardians Regime;
• $280,000 to assist in the introduction of the
community intellectual disability regime and [corollary ] mental health services;
• $188,000 for overseas treatment to vulnerable
adults as all treatment options available in
Bermuda have been exhausted;
• $90,000 for the National Seniors Regime,
which is inclusive of the National Seniors
Strategy;
• $50,000 to bolster the community -based dementia care service that aims to optimise cl ient outcomes and reduce the burden on car egivers; and
• $20,000 for the creation and implementation
of a disability register to better assist persons
with disabilities and their families. Mr. Chairman, the following grant allocations
will be provided from this business unit for the follo wing third sector organisations that assist the community:
• Centre Against Abuse that provides crisis
support services to male and female adult vi ctims of domestic and sexual assault; and
• “home,” a new charity that was formed in O ctober 2021, to help solve and end homeles sness in Bermuda.
372 28 March 2022 Official Hansard Report

Bermuda Senate Mr. Chairman, the balance of the funds i ncludes the operational cost of the Ministry Headquarters.

Business Unit 96060 —Policy Development

Sen. Lindsay Simmons: Mr. Chairman, for fiscal year
2022/23 $159,000 has been allocated to business unit
96060, policy development , page B -288. This is an
increase of $142,000, or 835 per cent compared to
$17,000 allocated in fiscal year 2021/22.
Mr. Chairman, the policy development section
has one full -time equivalent staff as shown on page B -
289 of t he Estimates Book.

96040— Ageing and Disability Services
Sen. Lindsay Simmons: Mr. Chairman, I will now
present the budget for business unit 96040, Ageing and Disability Services, or ADS, which can be found
on page B –288 of the Estimates Book.
Mr. Chairm an, the mission of ADS is T o protect seniors and persons with disabilities, who are at
risk of abuse, neglect or self -neglect through providing
compliance, programme delivery, education and stakeholder collaboration. ADS has a budget alloc ation of $809,000 for fiscal year 2022/23. This alloc ation is 20 per cent less than fiscal year 2021/22.

Education and Awareness

Sen. Lindsay Simmons: Mr. Chairman, education
and awareness is an important component to mandate of ADS that has been limited in recent years due
to resource challenges the office has faced, including
the increased demand from case management due to
the pandemic. Key achievements and work completed
over the last year include:
1. The celebration of UN [ International ] Day of
Persons with Disabilities on December 3,
2021, in collaboration with other service pr oviders. This awareness campaign touched our community in a very direct way. The ADS partners highlighted this day with a motorcade
that included clients from Mid- Atlantic Wellness Institute ( MAWI ) and KMCC [K. Margaret
Carter Centre] day services and the second
annual Common Ground conference hosted
by WindReach, which focused on advocacy.
2. ADS participated in nine information sessions.
These included presentations on:
o abuse and how to report it;
o the services that are provided by
ADS;
o dementia care in Bermuda;
o accessibility and sensitivity training;
and
o a virtual town hall meeting on Disabi lity, [Equity ] & Equality. Case Management

Sen. Lindsay Simmons: Mr. Chairman, the case
management area has three case managers, one s upervisor and one case manager assistant. The current
caseloads remain at an average of approximately 40
clients per worker, [ reaching] 1 worker per 50 clients
at times over the last year. The best practice standard
is 1 worker per 25 clients.
Mr. Chairman, these statistics made it necessary to seek a Government Management Consultant Service review.
Mr. Chairman, in order to ensure current service and support gaps for adults with disabilities, es-pecially intellectual disabilit ies, ADS has partnered
with the development of a National Plan for Persons with Intellectual Disabilities, led by the Mid- Atlantic
Wellness Institute. The Plan is anticipated to establish
a more coordinated approach across public and pr ivate [service ] and will include public guardianship,
protections for vulnerable adults between the ages of
18 and 64 years of age; capacity legislation; comm unity engagement and awareness raising; and i mproved access to long- term care [ services ] and supports, especially for more complex cases.

Business Unit 96050 —K. Margaret Carter Centre

Sen. Lindsay Simmons: Mr. Chairman, the K. Margaret Carter Centre (or KMCC) provides direct support for persons with intellectual disabilities in the comm unity through day programme servi ces.
For the fiscal year 2022/23, K. Margaret
Carter Centre has a budget allocation of $1,749,000,
which funds 16 staff in delivering direct client services
to 41 service users, participating in six different pr ogrammes.
Mr. Chairman, to address the concer ns of cl ient vulnerability, in December 2021 KMCC impl emented a COVID -19 screening programme for clients
and staff. Regular screenings help protect clients, staff
and family members while facilitating client engagement.
Mr. Chairman, as restrictions are now loose ning, clients and their families have been offered add itional days to attend the programme. It is anticipated
that KMCC will return to all clients attending five days
per week effective April 1, 2022.

Business Unit 96070 —Grants to the Third Sector

Sen. Lindsay Simmons: Mr. Chairman, $2,673,000
has been allocated for the fiscal year 2022/23 for
business unit 96070, Grants to the Third Sector, as
shown on page B -288. This is a decrease of $18,000,
or 1 per cent compared to fiscal year 2021/22 original
allocation of $2,691,000.
Mr. Chairman, the breakdown of the budget
allocation for grants can be seen on page C -21 of the


Bermuda Senate Estimates Book. In fiscal year 2022/23, the following
charities and organisations will receive a grant from
the Ministry of Social Development and Seniors :
• In recognition of the vast support Age Concern
provides to our seniors the charity will be granted
$25,000.
• To uphold the Ministry’s commitment to our senior
population, a grant for $1,345,000 is allocated to
rest homes , namely:
o Packwood Home, which is capable of caring
for 30 residents;
o Matilda Smith Home, which is capable of caring for 24 residents; and
o Lorraine Rest Home, which is capable of caring for 30 residents.
• Grant funding of $75,000 has been allocated to
the Women’s Resource Centre.
• The Ministry of Social Development and Seniors has allocated a grant in the amount of $15,000 to
Care of the Blind (now known as Vision Berm uda).
• A grant of $50,000 has been allocated to the registered charity Meals on Wheels.
• A grant for $550,000 has been allocated to Salv ation Army Shelters.
• The Summerhaven facility has a grant allocated of
$600,000 to assist Summerhaven with their op-erational costs.
• A grant of $13,000 has been allocated to Tomor-row’s Voices.

Subjective Analysis of C urrent Account Estimates

Sen. Lindsay Simmons: Mr. Chairman, I will now
discuss the combined subjective analysis of current
account estimates for business units 96000, Admi nistration; 96040, Ageing and Disability Services;
96050, K. Margaret Carter Centre; and 96060, Policy
Development, which make up Ministry Headquarters as found on page B -288 of the Estimates Book.

Salaries

Sen. Lindsay Simmons: Mr. Chairman, the budget
allocated for salaries is $2,217,000 in fiscal year 2022/23, an increase of $232,000, or 12 per cent for
the fiscal year 2022/23 (see page B -288). This is due
in part to the creation of positions for administrative staff such as a comptroller, accounts officer, and ad-ministrative assistant.

Wages

Sen. Lindsay Simmons: Mr. Chairman, the budget
allocated for wages is $124,000 in fiscal year 2022/23, a decrease of $45,000, or 27 per cent under the original budget allocation for 2021/22 as shown on page
B-288. The decrease in funding reflects the decrease in full- time equivalents to two em ployed at K. Margaret
Carter Centre.

Training

Sen. Lindsay Simmons: Mr. Chairman, $8,000 has
been allocated for training for fiscal year 2022/23, an
increase of $ 3,000 over the budget allocation for fiscal
year 2021/22. The increase reflects the additional l ocal group training that will be provided to staff at Ageing and Disability Services.

Travel

Sen. Lindsay Simmons: Mr. Chairman, the funds of
$24,000 allocated for travel for fiscal year 2022/23 is a decrease of $8,000 for fiscal year 2021/22.

Comm unications

Sen. Lindsay Simmons: Mr. Chairman, communic ations, inclusive of phones, courier and postal costs, are budgeted at $50,000 for fiscal year 2022/23,
which represents a slight increase of $2,000, or 4 per
cent over the budget allocation for 2021/ 22.

Advertising and Promotion

Sen. Lindsay Simmons: Mr. Chairman, advertising
and promotion of $22,000 for fiscal year 2022/23. This budget allocation is a decrease of $4,000, or 15 per
cent compared to fiscal year 2021/22. This decrease
is a result of Ministry Headquarters taking advantage
of using free online platforms.

Professional Services

Sen. Lindsay Simmons: Mr. Chairman, professional
services of $1,350,000 for fiscal year 2022/23, is an
increase of 84 per cent. This includes funds for the
litigation guardians, the Centre Against Abuse and
consulting services to provide occupational and phys ical therapy to clients at KM CC.

Rentals

Sen. Lindsay Simmons: Mr. Chairman, $10,000 has
been allocated for rentals for fiscal year 2022/23. This
increase of $9,000 is need ed for Ministry [ Headquarters] to acquire a photocopier when it relocates.

Repair and Maintenance

Sen. Lindsay Simmons: Mr. Chairman, in fiscal year
2022/23 repair and maintenance has been allocated
$116,000, or a 2 per cent increase over the budget
allocation for 2021/22. This increase in funding is to
ensure KMCC and the offices are professionally
374 28 March 2022 Official Hansard Report

Bermuda Senate cleaned daily and adhere to the Department of Health
cleaning protocols.

Insurance

Sen. Lindsay Simmons: Mr. Chairman, insurance of
$113, 000 has been allocated for fiscal year 2022/23
and there is no change in comparison to fiscal year
2021/22.

Energy

Sen. Lindsay Simmons: Mr. Chairman, $91,000 has
been allocated for the facilit y’s energy cost, which is
an increase of $35,000 or 63 per cent. This is to be
utilised by the Ministry Headquarters.

Clothing, Uniforms and Laundry

Sen. Lindsay Simmons: Mr. Chairman, the allocation
for clothing, uniforms and laundry is $3,000 and there
is no change in comparison to fiscal year 2021/22.

Materials and Supplies

Sen. Lindsay Simmons: Mr. Chairman, $113,000
has been allocated for materials and supplies for fiscal year 2022/23. This increase of $18,000 is due, in part,
to the purchasing of supplies for the clients ’ daily v ocational skills programming.

Equipment (Minor Capital)

Sen. Lindsay Simmons: Mr. Chairman, funds all ocated for fiscal year 2022/23 is $1,000 for minor works
capital and there has been no change from fiscal year to year.

Other Expenses

Sen. Lindsay Simmons: Mr. Chairman, $10,00 0 has
been allocated for other expenses and remains unchanged.

Grants and Contributions

Sen. Lindsay Simmons: Mr. Chairman, grants and
contributions were addressed earlier in my present ation. The allocation decreased by $18,000.

Sen. Robin Tucker: Excuse me. Mr. Chairman, can I
just get a point of clarification?

Yes.

Sen. Robin Tucker: Under Grants and Contributions,
on page C -21, the total is $2,673,000 but that includes
a line that the Junior Minister did not read which was
the Packwood Rest Home, $300,000. It was refer-enced in the rest homes amount which was allocated
for $1,000,000. I am just trying to understand whether
this $2,000,000 is going to be reduced by $300,000. If
we can just get some clarification, please. Thank you,

Thank you.

Employee Numbers (Full -Time Equivalents)

Sen. Lindsay Simmons: Mr. Chairman, the full -time
equivalent positions for business unit 96000, Admi nistration, is three. On page B -289, you will note that
employee numbers for the Ministry of Social Deve lopment and Seniors Headquarters includes FTEs [ fulltime equivalents ] for two programmes within the Mi nistry. B usiness unit 96040, Ageing and Disability Services, includes seven [ full-time equivalents ] for fiscal
year 2022/23, which is a [22] per cent reduction compared to fiscal year 2021/22.
Additionally, 16 [full-time equivalents ] are employed under business unit 96050, K. Margaret Carter
Centre. This is a 6 per cent reduction in FTEs at K.
Margaret Carter Centre.

Performance Measures

Sen. Lindsay Simmons: Mr. Chairman, performance
measures for business unit 96000, General Admi nistration, are outlined on page B-290 of the Estimates
Book and show how the Ministry strives to meet its
target for internal compliance reviews and financial guidance or compliance training during the year.
Mr. Chairman, I would like to take this opportunity to thank the staff at Minis try Headquarters who
remain committed to providing services to our community . They are: the Permanent Secretary, Ms. Marva-Jean O’Brien; the Policy Analyst, Ms. Kleita Pitc her; the Project Officer, Mrs. Alicia Lister; and the Sen-ior Management of Ageing and Disability Services,
Ms. Keeona Belboda.
Mr. Chairman, that concludes my remarks on
Head 86.




Bermuda Senate ANNOUNCEMENT BY THE CHAIRMAN

SENATE VISITOR

Senator Simmons, you can proceed
now to Head 23. Thank you.

HEAD 23 —DEPARTMENT OF CHILD
AND FAMILY SERVICES

Sen. Lindsay Simmons: Thank you.
Mr. Chairman, I now wish to present fiscal
year 2022/23 Estimates of Expenditure for Head 23, the Department of Child and Family Services, which
are found on pages B -292 to B -298 of the Estimates
Book.
Mr. Chairman, the Department of Child and
Family Services mission is protecting children by
strengthening families. The objectives of the depar tment are to
• minimise and eliminate those social, psychological, or other conditions known to cause or
contribute to physical and emotional illness
and som etimes socioeconomic problems;
• promote growth and directional change in
people, and their social situation;
• assist in facilitating or improving social support for those in our population who are at
risk;
• provide treatment or [curative] services to a ddress dysfunction and thereby assist people
to function better in society;
• restore individuals to a healthy condition or useful capacity.
The department carries out its objectives by
providing investigative services; day care services; care and protection ser vices for children; residential
and home- based services for families; assessment;
intervention and counselling services for children, adolescents and families.
Mr. Chairman, the current account estimates
for Head 23 begin on page B -292 of the Estimates
Book. A total of $17,666,000 has been allocated for
Head 23 for fiscal year 2022/23. This represents an increase of only $17,000.
Mr. Chairman, the Department of Child and
Family Services is responsible for promoting and pr otecting the best interests and soc ial well -being of chi ldren, adolescents, and their families. In order to meet these responsibilities, Department of Child and Family Services operates four programmes: • Programme 2301— Services to Children and
Young Persons;
• Programme 2302— Services to Indivi duals
and Families;
• Programme 2303—Residential Treatment Services;
• Programme 2304— Administration.
Mr. Chairman, in fiscal year 2021/22, the D epartment of Child and Family Services once again
continued its efforts of providing a seamless continuum of servic es to children and families throughout the
pandemic. The Department of Child and Family Services did this by redeploying resources to meet
chang ing programmes and client needs.
Mr. Chairman, in the interest of time I will now
briefly address each programme and business unit for
the department as set out on page B -293.
Programme 2301— Services to Children and
Young Persons found on page B -293. Happy Valley
Child Care Centre, business unit 33010, $1,061,000.
Mr. Chairman, the Happy Valley Child Care Centre is
in business unit 33010, and has an estimate for the
fiscal year 2022/23 of [$1,061,000].
The output measures for the Happy Valley
Child Care Centre are found on page B -296 of the
Estimates Book.
Mr. Chairman, the budget allocation repr esents an increase of $31,000 from fiscal year 2021/22 .
This increase is related to the uplift in salaries.
Mr. Chairman, Happy Valley Child Care Ce ntre is the only government -operated child care facility
on the Island, which provides quality child care for a maximum of 44 c hildren whose ages range from three
months to four years of age. Priority is given to chi ldren referred by helping agencies such as the D epartment of Child and Family Services, Teen Services, the Department of Health, the Child Develo pment Programme and th e Department of Financial
Assistance. These agencies along with families expe-riencing various challenges account for 60 per cent of
the centre’s intake.
Mr. Chairman, the estimated revenue for the
fiscal year 2021/22 school year was $192,000. It is import ant to note that the actual cost per child is approximately $525 per month, so that subsidy is also
built into the fees which are considerably less than
private child care facilities.
Mr. Chairman, comprehensive services offered at the Happy Valley Care C entre include, but are
not limited to, music and movement; creative arts; li teracy; writing; science; math; technology; community
service; and gardening along with other curriculum
activities that are designed to assist in the overall development of the children. The centre also has, if
needed, an intervention programme that includes
mandatory parenting classes.
Mr. Chairman, in July 2021 [a total of] 14 chi ldren graduated from the programme and were all well
prepared to attend preschool. Their accomplishments
376 28 March 2022 Official Hansard Report

Bermuda Senate were celebrated with a drive through leaving cerem ony at the National Sports Centre.
Mr. Chairman, Happy Valley Child Care Ce ntre continues to operate at best practice standards.
This year will mark the centre’s third re- accreditation
with the Bermuda National Standards Committee, the
local accrediting body of entities who manage chi ldren.
Mr. Chairman, I would like to take this opportunity to thank all the staff at the Happy Valley Child Care Centre, the Centre’s active Parent Teacher A ssociation, volunteers and community partners for their
continued dedication to Bermuda’s most valuable
treasures —Our Children; Our Future.
Mr. Chairman, I will now like to speak to pr ogramme 2302, Services to Individuals and Families,
found on page B -293.
Mr. Chairman, the activities covered in pr ogramme 2302 are:
• Business unit 33020, Investigating and
Screening (formally known as Family Ser-vices);
• Business unit 33030, Foster Care;
• Business unit 33200, Counselling and Life
Skills (formally known as Bermuda Youth
Counsel ling Services).
Mr. Chairman, the estimate for these business
units for fiscal year 2022/23 is $6,228,000. This repr esents an increase of $146,000, or 2 per cent compared to fiscal year 2021/22 budget allocation.
Investigating and Screening, business uni t
33020, $2,346,000.
Mr. Chairman, the Intake, Assessment and
Investigation section of the Department of Child and
Family Services is responsible for providing a unified
response and comprehensive safeguarding services
to the children of Bermuda. The budget estimate for business unit 33020 for the fiscal year 2022/23 is
$2,346,000. This represents an increase of $108,000,
or 5 per cent over the original budget for fiscal year
2021/22.
Mr. Chairman, the Department of Child and
Family Services provide servi ces and support for chi ldren and families in our community who have been
impacted by all forms of abuse, neglect and exploit ation. Also, the department is committed to partnering
with stakeholders to promote safe and healthy families
while protecting children from abuse, neglect and exploitation.
Mr. Chairman, when a referral to Department
of Child and Family Services meets the threshold for
abuse and/or neglect, the assessment tools provide
designated timeframes to initiate contact with a child
and/or fam ily. The performance measures for intake
and assessments can be found on pages B -296 to B -
297 of the Estimates Book.
Mr. Chairman, the intake and assessment
team provides care and protective services and assessments to children. This is achieved through t hree specialised units: Screening, Investigations and A ssessments, which have a combined total of 16 staff.
The screening team is comprised of f ive social wor kers and five social work assistants who are respons ible for conducting inquires on all cases screened in the investigation .
The Assessment team includes three social
workers who conduct assessments on all children who are referred from sections within the department.
Mr. Chairman, the investigation team received
918 new referrals in 2021. This is a decrease from 2020, when 930 new referrals were reported to the
Department of Child and Family Services.
Mr. Chairman, investigations were conducted
on 716 reports of maltreatment and response times were met on 637, or 89 per cent of the referrals. This
performance measurement exceeded the depar tment’s 80 per cent goal for the year.
During shelter in place there were a number
of workers conducting investigations by various virtual
platforms. In emergencies, workers did enter the
community to investigate c hild abuse cases, conduct
forensic interviews with the police and/or place chi ldren in alternative households for their safety and
well-being.
Mr. Chairman, the assessment team receives
referrals from both the internal teams within the D epartment of Child and Family Services and externally
from the Family Court and Supreme Court. Service
provision entails three main areas: (1) individual assessments (child and/or adult); (2) family asses sments; and (3) consultations.
Mr. Chairman, a total of 174 assessment tools
were administered collectively by the team, which
comprised the following areas: cognitive –4; academic–3; behaviour –41; trauma –14; substance usage –4;
biopsychosocial –18; and mental health– 90. It should
be noted that the assessment tools administered for mental health doubled from 2020.
Mr. Chairman, several trends were identified
as follows: Increase in (1) ADHD assessments;
(2) clients requiring external services (i.e., therapeutic
interventions, psycho- educational or neuropsycholog ical assessment s); (3) referrals for assessments for
both parent and a child within the same family; (4)
more male clients requiring services; (5) cases invol ving complex blended families; (6) assessments on
multiple siblings within [ a family ]; (7) domestic vi olence cases; (8) referrals for younger children (under
10); (9) referrals for adults as the primary client (particularly females); (10) mental health assessments;
(11) clients relocating overseas and (12) increase in
anxiety and depression since the onset of COV ID-19.

Business Unit 33030 —Foster Care

Sen. Lindsay Simmons: Mr. Chairman, the foster
care section of the Department of Child & Family Services is responsible for providing alternative living arBermuda Senate rangements for children under the age of 18 years old
who are in need of out of home placement. The budget estimate for business unit 33030 for the fiscal year
2022/23 is $2,741,000. This represents a $107,000
increase over the original budget for fiscal year 2021/22 and is related to salaries.
Mr. Chairman, foster car e or out -of-home care
is used for children when a safety assessment dec ision results in a placement to ensure a child’s safety.
Foster care provides a safe, supportive and therapeutic environment for a child, while working towards ei-ther family reunificati on or an alternative permanency
option. Foster care [may] be provided during a child
abuse investigation, assessment or ongoing intervention phase of child protection.
Mr. Chairman, the Foster Care Programme
has three classifications of private home placem ents:
1. Traditional Foster Care Placement. These foster parents are generic and have no biological
connection to the child.
2. Kinship Foster [ Care] Placement. These foster
[parents ] are related to the child and may
have a significant bond and connection to the
child.
3. Therapeutic Foster Care Placement. These
foster parents have an advanced level of e ither education or employment, and skill sets
and are equipped to foster children with either
[physiological] impairments and/or emotional
challenges.
Mr. Chairma n, when a child is placed in foster
care, the Department of Child and Family Services will
work with the child, their parents, foster parents, and several professionals from partnering agencies that
are providing services to the children and their parents. It is important that the following occur:
• Foster children must be supported through key transitions such as the original placement,
changes in placements, changes in schools,
and then leaving foster care.
• Foster children must have ongoing care and
protection while having their developmental
needs met.
• Foster children will not be subjected to any
physical discipline, physical restraint, or
chem ical restraint.
• Foster children must be assisted with gaining
skills and an overall sense of well -being that
will allow them to realise their potential while
positively participating in and contributing to
the wider community.
Mr. Chairman, the Foster Care Team consists
of one coordinator, three social workers, three social
work er assistants and one administrative assistant.
During the last fiscal year, the Foster Care
Programme serviced a total of 12 therapeutic foster
children. The children in this category have a variety
of physical, cognitive, emotional and behavioural challenges. Out of the 12 [children] one was reunited with family and two were transferred from foster care to
Residential Treatment [ Services ].
Mr. Chairman, by the end of 2021 a total of 14
children left the Foster Care Programme. Five children
were placed into Residential Treatment Services. Three aged out of the care of the director. Six were
reunified with their birth parents.
Mr. Chairman, the department would like to
acknowledge the foster parents of Bermuda who are
our unsung heroes who provide loving, stable homes
to children who have experienced significant trauma as a result of abuse and/or neglect. Every day they
make a foster child’s life better with their numerous
acts of care and kindness. Appreciation and recogn ition must also go out to the Foster Parents Associ ation, the registered charity (No. 620) who [work ] in
partnership with the Foster Care Team to provide extra support to foster children and foster families.
Mr. Chairman, I would like to take this opportunity to express [appreciation] to the Foster Care
Team who ensured that the needs of our foster chi ldren were met during these challenging times. Also, I would like to thank all the individuals and organis ations who have supported the Department of Child
and Family Services in various ways in order to make
a foster child’s lif e experiences one to remember.
Thank you.
Mr. Chairman, the purpose of the Counselling
and Life Skills (CLS) business unit within the Depar tment of Child and Family Services is to advance and
promote the emotional well -being of youth up to 18
years of age and their families. The budget estimate
for business unit 33200 for fiscal year 2022/23 is
$1,141,000. This represents a decrease of $69,000,
or 6 per cent compared to the original budget for fiscal
year 2021/22. This is due to a decrease in salaries
charged to the business unit.
Mr. Chairman, CLS offers services that
strengthen the knowledge, skills, positive experiences,
and support systems of individuals and families to
make healthy life choices. Individual and family issues
[include] , but are not limited to, family and relationship
dynamics; co -parenting; grief and loss; communic ation; trauma; and adolescent substance use.
Mr. Chairman, CLS provides individual, family,
and group counselling. During the COVID -19 pandemic there were three substance groups conducted for
the year 2021. These groups consisted of a substance
group in one of the local senior public schools, a grief
group conducted for one of our local private schools,
and a debriefing group with internal staff. The CLS team continued to provide counselling support services to children and their families using various tel ehealth methods such as Cisco Webe x, Zoom,
WhatsApp, telephone and email. In order to best
serve the needs of clients CLS counsellors work collaboratively with clients to complet e specific asses sments or screening tools to measure [ progress ] and
service planning that is geared towards positive
378 28 March 2022 Official Hansard Report

Bermuda Senate growth and development. Despite interruptions to services by the COVID -19 pandemic the team completed
29 socio- emotional assessments and 18 substance
assessments for the year 2021.
Mr. Chairman, I will now speak on programme
2303, Residential Treatment Services, found on
page —

Senator Simmons, just a time check.
It is roughly seven o’clock so we have about 14
minutes left and you have several business units to
complete. I am quite sure that Senator Tucker is
chomping the bit to be able to ask a question or two.
So, if it possible to allow time at the end that would be
much appreciated.

Sen. Lindsay Simmons: Thank you. I am just going
to read one more and then I will stop.
Mr. Chairman, I will now speak on programme
2303, Residential Treatment Services, found on page
B-293.
Mr. Chairman, the activity covered in pr ogramme 2303 is Residential Treatment Services. These services i nclude Family Preservation, Bran gman Home, Youth Development Centre, Observatory
Cottage also referred to as Oleander Cottage, Ps ycho-Educational Programme and Youth Residential
Treatment. For fiscal year [2022 /23] this programme
has a budget allocation of [$7,595,000]. This repr esents a decrease of $48,000, or 1 per cent from the
fiscal year 2021/22 [budget allocation] .
Mr. Gabriel Broomes , is a new financial controller for the Minister and he has been tremendous in
supporting the Ministry through this budget process.
In order to leave some time, I just want to
thank the Department of DCFS for their continued
work for our children of Bermuda, all the staff and the
helping agencies.
I will now take questions.

Thank you, Senator Lindsay Si mmons.
Would any Senator care to speak on these
Heads? Senator Robin Tucker, over to you.

Sen. Robin Tucker: Thank you, Mr. Chairman.
First, before I ask my question, I again just
want to apologise to the Junior Minister for interrupting
when she was speaking, and to you as well, Mr.
Chairman. I sincerely did not know that I could not just ask that question. So I apologise.
My questions for Head 86 is taken from [page]
B-288, Subjective Analysis for Current Account Est imates on Travel. This line indicates $24,000 has been
allocated for the Minister and the staff to attend overseas conferences. And I know that because that was . . . I am not sure if the Junior Minister mentioned it,
but it was mentioned in another place. So, I would just like to know if the Junior Minister could provide a breakdown of the number of conferences to be attended and the number of Ministry attendees that this
budget amount is allocated to cover. That is one part
of the question.
The second part of the question is can the
Junior Minister also tell us the frequency of visits by
DCFS to conduct welfare checks on children in overseas facilities and how much of the travel budget has
been allocated for staff to conduct those checks? If it
is not in the Travel line, can she tell us wher e we can
find that?
The second question (which, actually after my
interruption should have been my first question) is on
[page] B -[2]88, Grants to the Third Sector, the line
item and the reference on page C -21, is line item
6912. There is a total referenc e of $2,673,000 that
has been awarded to the Third Sector, as grants. The
total that was mentioned by the Junior Minister for rest
homes is $1,045,000. Packwood [Rest Home] was
mentioned in that line item, but then I see Packwood
[Rest Home] mentioned furt her down, which was not
mentioned. So, can the Junior Minister sort of just explain whether the separate Packwood [Rest Home]
line item will be removed, or how that will be handled?
So, that is the question there.
My last question on this Head is on page B -
290, performance measure, business unit 96040—
Ageing and Disability Services. So, this is sixth from the top, number of investigations for persons under 65
with a disability by type of complaint. In 2020/21, there
were 10 investigations, two unsubstantiated, seven
substantiated. I am assuming the other one was wit hdrawn. But there were 10 forecast in 2021/22. Can the
Junior Minister tell us why this important measure was
discontinued in 2021/22 and 2022/23?
Do you want me to stop there to give her an
opportunity . . .

Junior Minister Simmons, would you
like to respond to the questions put to you thus far?

Sen. Lindsay Simmons: Sure. In regard to your
question about the rest homes, Lorraine Rest Home
received $820,000. Matilda [Smith Home] received
$225,000 and Packwood [Rest Home] received
$300,000. The total is $1,345,000.
To answer your question about travel. Travel
for the Ministry is budgeted at $10,000 which is half of the budget from 2021/22, which is what would have
been expected in a regular year without the COVID -19
restrictions. We have cut the travel estimate in half
being mindful of the restrictions. The Minister usually
travels with an accompanying officer.
When it comes to the question about DCFS,
about the checks overseas , the COVID -19 pandemic
prevented quarterly face- to-face contact with our chi ldren overseas. However, there has been an increase
of virtual contact which includes treatment team sessions, family sessions and individual client contact.


Bermuda Senate Out of an abundance of caution, and with the travel
restrictions, the vetting of all facilities only occurred in
quarter three. Funds for this travel are allocated [at]
233100, and $130,000 has been allocated.
To answer your question about the investigations, they were listed in reverse. There were eight
unsubstantiated and two that were substantiated. The
report on allegations are reviewed for those between
the ages of 18 and 65 with disabilities [and] were not
discontinued but redone to be more accurate and r eflect the Offi ce’s responsibilities for this area.
The performance measure is worded “Number
of new case management clients: A. Persons under
65 with a disability.” [This] will include “i. Number that
included an allegation of abuse” when reporting on the actuals.
At this time there is no legislative mandate for
abuse reporting and investigation for this population
(those under 65) as there is with seniors. But it is i mportant to collect data and therefore we have mai ntained it as a performance measure.

Senator Tucker, do you have any
other questions for Head 86 before I ask other Sen ators if they have any questions?

Sen. Robin Tucker: I thank the Junior Minister for her
response.
Just one point of clarification as it relates to
the conferences and the visits for DCFS. Can she give
us a breakdown of the number of conferences to be
attended? The line item for Travel says that $24,000
has been allocated for travel. So, if she can give us a breakdown of the number of conferences and the
number of Ministry staff that will be attending to use
that budgeted amount that would be great.
I certainly understand about the COVID -19
restrictions as it relates to the welfare checks, but if the Junior Minister can tell us what is the normal fr equency of welfare checks for children in overseas f acilities, that would be helpful.
Thank you, Mr. Chairman.

Thank you, Junior Minister.
We move on to Head 23, Child and Family
Services. Does any Senator have any questions?
Senator Tucker.

Sen. Robin Tucker: I am sorry, Mr. Chairman, one
part of the question was not answered, and that was, in a normal situation what is the frequency of welfare
checks that DCFS conducts when children are in
overseas care?

Sen. Lindsay Simmons: I did answer that. They
check quarterly.
Sen. Robin Tucker: Thank you. I apologise . . . I did
not hear the answer.

Thank you. Any other questions for
Head 23?
Senator Tucker.
Sen. Robin Tucker: Thank you, Mr. Chairman. A
question from page B -297, performance measures,
business unit 33090, Observatory Cottage.
Can the Junior Minister confirm the number of
adolescent males that have successfully transitioned
out of Observatory Cottage in the last two years? And
why is this data not included in the unit’s performance measures as it is assessed and reflected for Bran gman Home? So, I will stop there.
Thank you, Mr. Chairman.

Thank you, Senator Tucker.
Do any other Senators wish to ask a question?
Senator Michelle Simmons.

Sen. Michelle Simmons: Thank you, Mr. Chairman.
With regard to page B -293, business unit
33200, the Counselli ng and Life Skills, I was wondering how many counsellors are actually providing services for that business unit.
The other question I had was about foster
care, which is business unit 33030. The Junior Mini ster provided information on the staff who are responsible for foster care, but I wondered how many young
people are currently receiving services in foster care.
Thank you, Mr. Chairman.

Thank you, Senator Michelle Si mmons.
Junior Minister Lindsay Simmons, do you
have the answers to the remaining questions?
Sen. Lindsay Simmons: To answer Senator Tucker,
over the last year there have been a total of four
males that aged out. We note that the measures indi-cated in the Budget Book are not recorded the same
as the Brangman Home and the Obs ervatory Cottage.
380 28 March 2022 Official Hansard Report

Bermuda Senate However, this information is readily available by the
department in its year -end data.
And another . . . we do quarterly checks at the
facilities; but we check in with the children that are
overseas monthly.

The remaining Heads.

The Clerk: From the second page of your motion.
[Crosstalk]

Sen. Lindsay Simmons: Mr. Chairman, I move that
the following Heads be approved as printed:
• Non- Ministry Department Heads 01, 02, 05,
56, 63, 85, 92, 98 and 101;
• Cabinet Office Department Heads 26, 43, 51
and 61;
• Ministry of Legal Affairs and Constitutional Reform Heads 03, 74 and 75;
• Ministry of Education Head 18;
• Ministry of Heal th Heads 24 and 91;
• Ministry of Economy and Labour Heads 44,
14 and 94;
• Ministry of Public Works Heads 36, 53, 68, 81,
82;
• Ministry of Youth, Culture and Sport Head 52;
• Ministry of Home Affairs Heads 93, 29, 32, 49,
79, 89 and 97.

Are there any objections to that?
Hearing none —
Sen. Lindsay Simmons: Thank you, Mr. Chairman. I
move that clauses 1 through 6 of the Bill together with Schedules A through C, inclusive, be approved and
stand as part of the Bill.

The Ch airman: Are there any objections?
Hearing none, Junior Minister.

Sen. Lindsay Simmons: Thank you, Mr. Chairman.
I move that the preamble be approved.



Bermuda Senate The Chairman: Are there any objections?
Then back to you, Junior Minister.

Sen. Lindsay Simmons: I move that the title stand as
part of the Bill.

The Committee will now rise and the
Senate will resume, and Madam President will take
over the Chair.

Sen. Lindsay Simmons: Thank you, Mr. Chairman.

[Motion carri ed: The Appropriation Act 2022 was co nsidered by a Committee of the whole Senate and
passed without amendment .]

Senate resumed at 7:20 pm

[Sen. the Hon. Joan E. Dillas -Wright, President, pr esiding]

REPORT OF COMMITTEE

APPROPRIATION ACT 2022

ESTIMATES OF REVENUE AND E XPENDITURE
FOR THE YEAR 2022/23

The President: Senators, the Senate will now r esume, and the question has been put to the Senate to
adopt the report as said.
Are there any objections?
No objections.
Senator Hodgson, now it is over to you.

BILL

THIRD READING

APPROPRIATION ACT 2021

Sen. Arianna Hodgson: Thank you, Madam Pres ident.
Madam President, I move that the Bill be now
read a third time.
The President: Is there any objection to that motion?
No objection.
Sen. Arianna Hodgson: Thank yo u, Madam Pres ident.
I move that the Bill entitled the Appropriation
Act 2022 do now pass. The President: Is there any objection to that motion?
No objection.
The Bill is passed.
[Motion carried: The Appropriation Act 2022 was read a third time and passed.]
The President: Thank you, Senators, and thank you
Senator Michelle Simmons, Vice President, and Sen ator John Wight, for Chairing the Committee all day
today.
We will now move on with the Orders of the
Day. The second Order of the Day is the consider ation of the draft Order entitled the Public Health (COVID -19) Emergency Extension (No. 3) Order
2022, and that is in the name of Senator Arianna
Hodgson, Junior Minister for Health.
Senator Hodgson, you have the floor.
Sen. Arianna Hodgson: Thank you, Madam Pres ident.
Madam President, I move that the Senate do
now take under consideration the draft Order entitled
the Public Health (COVID -19) Emergency Extension
(No. 3) Order 2022 .
The President: Is there any objection to that motion?
No objection.

DRAFT ORDER

PUBLIC HEALTH (COVID- 19) EMERGENCY
EXTENSION (NO. 3) ORDER 2022

Sen. Arianna Hodgson: Thank you, Madam Pres ident.
Madam President, I am pleased to invite this
Honourable Chamber to consider the Order entitled
the Public Health (COVID -19) Emergency Extension
(No. 3) Order 2022 .
Madam President, Members will be awar e
that the current Public Health Emergency Order is
scheduled to lapse on the 31st of March 2022. The
emergency Orders which have been in place since 30
June 2020, following the state of emergency put in
place on 1 April 2020, are made pursuant to section
107A of the Public Health Act 1949, and declared that
a public health emergency exists in Bermuda due to a
communicable disease that poses a threat to the I sland.
382 28 March 2022 Official Hansard Report

Bermuda Senate Madam President, the impact of this disease
has been felt by all in the community —emotionall y,
economically, physically and socially. Indeed, many
families in Bermuda continue to experience real har dship as a result of the pandemic.
These stressful challenges call on all of us to
be our brother’s and sister’s keepers as the pandemic
persists. Madam President, we live on a very small
Island . And as we know from previous outbreaks, the
virus that causes COVID -19 spreads quickly and negatively impacts the whole community. We can slow
the spread of the virus by following basic public health
advice of wearing a mask to cover our nose and
mouth, as well as physically distancing and prac ticing
good hand hygiene. We can also avoid the three Cs of
close spaces, crowded places, and close con tact se ttings.
In addition, Madam President, we are fort unate in t hat the COVID -19 vaccine is available to any
resident who wants it. This includes a fourth dose
booster for those who had their third dose booster
more than five months ago. It is available at the Pier 6
Vaccination Clinic until the 31st of March for persons
who have immunosuppressing conditions, persons
older than 65 and residents of residential care homes.
Those who are eligible can book an appointment on
www.gov.bm by selecting “Book a Booster Vaccine
Appointment.” They may also call the Vaccination Ho tline at 444- 2498, option 2, or email vaccine@gov.bm .
As has been said many times, vaccines save
lives. The two- dose Pfizer vaccine has been shown to
be 95 per cent effective in random ised trials. Even
with the highly transmissible Delta and Omicron var iants, the vaccine’s effectiveness remains high.
This means that as a fully vaccinated person
you can still test positive and still contract COVID -19,
but you are less likely to get sev erely ill, less likely to
end up in the hospital, and less likely to die. Our own
data has shown this to be true. Hospitalisations and
deaths are overwhelmingly among people who are not vaccinated rather than people who are vaccinated.
Madam President , it is important to remember that
even if fully vaccinated, your own personal health is a
key factor in determining whether you will get ill with COVID -19, and, if you do, whether you are predi sposed to become ill enough to be hospitalised or to
die.
Madam P resident, as I have indicated to this
Chamber previously, it is clear that we must all learn
how to live safely with COVID -19 because it will be
with us for a long time, both locally and globally. D eclared as a public health emergency of international conc ern by the World Health Organization in January
2020, the ongoing COVID -19 pandemic is not yet
over. In recent weeks the Government has relaxed a number of public health restrictions as we seek to safely find our new normal. However, we recognise
that ther e are settings where public health restrictions
cannot be eliminated. Madam President, as announced last week ,
an indoor mask mandate will continue for the following
settings after the 31
st of March. For those in
healthcare or institutional settings, such as healthcare
facilities, nursing homes, rest homes and correction facilities; for those providing transportation for the
public which include s the indoor spaces of ferries as
well as on buses, taxis, limousines and minibuses,
and inside of the airport.
Madam President, as the Junior Minister of
Health, I strongly recommend that businesses set
mask requirements for entry and the provision of ser-vices which are appropriate for their establishments.
Scientific evidence has shown the COVID -19 virus is
mainly spread from person to person by small virus -
containing droplets that are exhaled when an infected
person is speaking, singing, coughing, sneezing or
breathing. Masks have proven to be an effective form
of personal protective equipment forming a barrier
from getting and spreading respiratory infections.
They are effective because they help to prevent the
person with COVID -19 from breathing out virus -
containing droplets, and they also help to protect the person who does not have COVID -19 from breathing
in virus-containing droplets and particles.
Madam President, we recognise there are
many environments where people must be in contact
with others outside of their family group for long per iods of time, such as at work. So we encourage bus inesses to think carefully about what mask policy is
appropriate for their situation, both for their customers
and clients, as well as for their staff. An office env ironment where contact with a variety of people can be kept to a minimum is not the same as a workplace
where st aff are serving a large and/or diverse number
of customers who themselves have many unknown
contacts. Business owners will need to consider the
level of risk involved.
In addition to the continued requirement to
wear masks indoors, we also recognise it i s important
to apply essential controls at our border which are
specific to and meet the challenges of COVID -19.
Madam President, the Minister of Health consulted with the Chief Medical Officer and determined
that a communicable disease of the first category,
namely, COVID -19 and its variants of concern, does
persist and continues to pose a severe threat to public
health in Bermuda. To control and contain the spread
of infection, public health measures such as those
provided for in regulations made under section 107B
of the Public Health Act 1949 will continue to be rel evant and necessary beyond the 31
st of March 2022.
Madam President, this Order before us now
will extend the Public Health COVID -19 Emergency
Orders 2021, made under section 107A of the Publ ic
Health Act 1949, and empower the Governor to make public health emergency regulations under section
107B of that Act, which impose extraordinary

B ermuda Senate measures necessary in the interest of public health to
prevent, control and suppress COVID -19.
Madam President, Honourable [Senators] will
be aware that the Public Health (COVID -19) Emergency Extension (No. 2) Order 2022 was made under
the affirmative resolution procedure for 33 days, expi ring on the 31st of March 2022. However, we know that
the COVID -19 pandemic continues globally, and is still
pervasive in Bermuda.
We also know a public health emergency will
continue to exist on our Island beyond the 31st of
March 2022. Therefore, in accordance with sections 107A(3) and (4) of the Public Health Act 1949, I br ing
the Public Health (COVID -19) Emergency Extension
(No. 3) Order 2022 to this Honourable Chamber to seek approval for the extension of the public health emergency for a further 60 days, ending on the 30
th of
May 2022.
Thank you, Madam President .
The P resident: Thank you, Senator Arianna Hodgson, Junior Minister for Health.
Would any Senator care to speak on this? Senator Ben Smith, you have the floor.
Sen. Ben Smith: Thank you, Madam President , and
thank you, Junior Minister, for your brief on the exte nsion of these emergency powers.
I guess the question that we would ask is . . .
we have seen some of the changes worldwide and
some of the changes locally when it comes to relaxing
some of the restrictions that have been in place for the last two years because of COVID -19. Is the Junior
Minister able to give us some benchmarks for what the population should be looking for [in order] for us to move out of having to continue to have emergency
powers in place?
We are moving forward for 60 days. Obviously, we have seen the changes that have been i mportant to most of the population to get back to some
kind of normalcy. But at some point, continuing to
have emergency powers extended over and over
again, there needs to be a shift.
So, could we have an idea of what benc hmarks we should be looking for that would get us to move away from emergency powers and more to reg-ular coverage?
Thank you, Madam President .
The President: Thank you, Senator Ben Smith.
Would any other Senator care to speak on
this extension order?
No?
Senator Hodgson, that is the only question
you have.
[
Pause] Sen. Arianna Hodgson: Madam President, I am still
waiting for a suitable response, but I would also state that there are a number of factors that go into making these types of decisions, and, of course, it is also co llaborative. It is important that we consider all factors that ultimately impact our Bermudian people, and so
we are looking to protect our people during these u nprecedented times —even though we are watching as
the world continues to open up. We actually look around. We actually see some concerning images of what it looks like to continue the relaxation.
[
Crosstalk]
Sen. Arianna Hodgson: Madam President, I can actually further add that because we are still in a state of
community transmission, we are still looking at deve loping our particular benchmarks. But they have not been confirmed as yet.
[
Pause]
The President: Senator Hodgson, are you anticipating getting an answer?
Sen. Arianna Hodgson: The answer is that b enchmarks are being looked at by various countries but have not been finalised yet.
[
Crosstalk]
The President: I suggest then, Senator Hodgson, that
you carry on with the [draft Order] and move it —
Sen. Arianna Hodgson: Thank you, Madam Pres ident.
I move that the said draft Order be approved
and that the following message be sent to Her Exce llency the Governor —
The President: Is there any objection to that motion?
Sen. Arianna Hodgson: —May it please Your Excellency: The Senate, having had under consid eration
the Draft Order entitled the Public Health (COVID -19)
Emergency Extension (No. 3) Order 2022, proposed to be made by the Minister responsible for Heal th,
under the provisions of section 107A of the Public
Health Act 1949 has the honour to inform Your Excellency that the Senate has approved the said Draft Order.
The President: Is there any objection to the motion?
A suitable message will be sent .
Thank you, Senator Arianna Hodgson and
thank you, Senators for their support.
[
Motion carried: T he Public Health (COVID -19) Emergency Extension (No. 3) Order 20 22 was approved.]
384 28 March 2022 Official Hansard Report

Bermuda Senate The President: We move on to the next Order then. It
is the s econd reading of the Payroll Tax Amendment
and Validation Act 2022, and that is also in the name
of Senator Hodgson as Junior Minister of Finance.
Senator Hodgson, when you ar e ready, you
can present the [Bill] .

Sen. Arianna Hodgson: Thank you, Madam Pres ident.
I move that the Bill en titled the Payroll Tax
Amendment and Validation Act 2022 be now read a
second time.
The President: Is there any objection to the second
reading ?
No objection.

BILL

SECOND READING

PAYROLL TAX AMENDMENT
AND VALIDATION ACT 2022

Sen. Arianna Hodgson: Thank you, Madam Pres ident.
Madam President, I am pleased to present the
Bill entitled the Payroll Tax Amendment and Validation
Act 2022 . This Bill will amend the Payroll Tax Act
1995 to extend payroll tax relief with respect to certain
new hires and for Bermudian musicians and entertainers. This Bill w ill also amend the Payroll Tax Rates
Act 1995 to make changes to the applicable rates for persons earning $96,000 or less. Finally, this Bill will
provide for validation of certain payroll tax waivers
granted by or on behalf of the Minister of Finance.
Madam President, in line with Budget Stat ement for fiscal year 2022/23 it is proposed to extend
the new hire payroll tax relief currently available under
the Payroll Tax Act 1995 for a further two- year period.
The overall result of this relief is that quali fying employers will not be liable to pay the employer portion of
payroll tax with respect to those new hires which i ncrease the employer’s number of full -time employees.
The relief is only available with respect to qualifying new hires made during the per iod set out in the Act.
Madam President, the current relief is set to
expire on March 31, 2022. The proposed amendment will extend this relief until 31 March 2024. As we have
done in the past, we are providing this relief to help
lower costs for qualifyi ng employers who are creating
jobs in our economy.
Madam President, this Bill will also extend the
payroll tax relief for Bermudian entertainers and mus icians. Extension of this relief is intended to help all eviate some of the financial challenges Bermudia n entertainers and musicians are currently facing due to decreased demands for services resulting from the
pandemic. Consistent with the new hire relief, the pr o-posed amendment would extend the relief for Berm udian entertainers and musicians for a further two-year
period through 31 March 2024.
Madam President, as we know, the impacts of
the pandemic and various geopolitical conflicts have
resulted in higher prices for people and businesses all
over the world. Bermuda is no exception. So we must
find ways t o help decrease the cost of doing business
and the overall cost of living for the people of this
country. In particular, we must provide assistance to
those persons who earn the lowest amounts.
Madam President, as has previously been
noted, this Government has steadily reduced the burden of payroll tax for persons earning less than $96,000 per year since the 2017/18 fiscal year. Further changes are proposed to payroll tax rates for such persons in the upcoming 2022/23 fiscal year to
assist with the burden of the increased cost of living.
Madam President, the payroll tax rate structure includes four bands that cover amounts earned
up to $900,000 per year. The amendment to the Pa yroll Tax Rates Act 1995 will change the rates that are
applied to bands 1 and 2 c overing persons earning up
to $96,000 per year. This Bill will lower the tax rate for
persons in band 1, which are those persons who earn
up to $48,000 per year. This will result in a savings of
up to $240 a year for persons within band 1, with the
maximum savings being realised by persons earning
$48,000 annually.
Madam President, this Bill will also lower the
amount of tax payable by persons in band 2 who earn less than $96,000 a year. This decrease will occur
despite the fact that the tax rate from band 2 will be
increased by one- half of a percentage point . However,
the next savings will diminish as the salary increases to the highest amount for band 2, which again is
$96,000. This approach strikes the appropriate ba lance between making tax relief availab le for those
persons earning the lowest amount of income and
ensuring the stability of payroll tax revenues for the Government. To be clear, Madam President, there are
no increases in the amount of taxes to be paid by persons making $96,000 or less, and there are no
changes to the tax rates or the amounts payable for
bands 3 and 4.
Finally, Madam President, today’s Bill will va lidate waivers of payroll tax liability granted by or on
behalf of the Minister of Finance as a result of exceptional circumstances caused by the public health
emergency declared by the Minister of Health. The validation will cover waivers granted since the 15
th of
July 2020.
Madam President, the Bill we are debating t oday is simply the result of a continued effort to extend
relief, t o encourage job creation, and to help the people of this country who need it most.
In closing, I would like to thank the technical
officers in the Office of the Tax Commissioner, the
Minister of Finance and the Attorney General’s


Bermuda Senate Chambers who have assisted in the effort to bring
forth this Bill.
Thank you, Madam President .
The President: Thank you, Senator Arianna Hodgson, Junior Minister of Finance.
Would any Senator care to speak on this Bill?
Senator Ben Smith, Opposition Leader [for the
Senate], you have the floor.

Sen. Ben Smith: Thank you, Madam President , and
once again, thank you to the Junior Minister.
The Opposition is supportive of any relief that
can be given in the continued time of people struggling in Bermuda. So anything that can be done to
increase relief and lower taxes for those people is i mportant. We will continue to support . . . and specifically the encouragement for hiring of Bermudians in this
Bill is another great initiative. So for that we have no
objections.
Thank you.

The President: Thank you, Senator Ben Smith.
Would any other Senator care to speak on
this Bill?
Hearing none, Senator Hodgson, you have full
support. You have the floor.

Sen. Arianna Hodgson: Thank you, Madam Pres ident, and thank you to the Leader of t he Opposition
team for his support as well.
Madam President, I move that the Bill entitled
the Payroll Tax Amendment and Validation Act 2022
be now read a second time.

The President: Is there any objection to the second
reading?
No objection.

SUSPEN SION OF STANDING ORDER 26

Sen. Arianna Hodgson: Thank you, Madam Pres ident.
I move that [Standing Order] 26 be suspended
in respect of this Bill.

The President: Is there any objection to that motion?
No objection.
[Motion carried: Standing Order 26 suspended.]

BILL

THIRD READING

PAYROLL TAX AMENDMENT
AND VALIDATION ACT 2022
Sen. Arianna Hodgson: Thank you, Madam Pres ident.
I move that the Bill en titled the Payroll Tax
Amendment and Validation Act 2022 be now read a
third time.

The Presiden t: Is there any objection to the third
reading?
No objection.

Sen. Arianna Hodgson: Thank you, Madam Pres ident.
I move that the Bill do now pass.
The President: It has been moved that the Bill entitled the Payroll Tax Amendment and Validation Act
2022 do now pass.
Is there any objection to that motion?
No objection. The Bill is passed.
Thank you, Senator Arianna Hodgson.

Sen. Arianna Hodgson: Thank you, Madam Pres ident.

[Motion carried: The Payroll Tax Amendment and Validation Act 2022 was read a th ird time and passed.]

The President: The next item is yours as well, t he
Investment Business Amendment Act 2022.
Senator Hodgson, when you are ready, you
can present your Bill.

Sen. Arianna Hodgson: Thank you, Madam Pres ident. I move that the Bill entit led the Investment Bus iness Amendment Act 2022 be now read for a second
time.

The President: Is there any objection to that motion ?
No objection.

BILL

SECOND READING

INVESTMENT BUSINESS AMENDMENT ACT 2022

Sen. Arianna Hodgson: Thank you, Madam Pres ident.
Madam President, I am pleased to present the
Bill entitled the Investment Business Amendment Act
2022 to this Honourable Senate.
The purpose of this Bill is to enhance the i nvestment business supervisory framework primarily to
provide for the following:
• to expand the scope of the existing inves tment business regime;
• to refine the existing lists of investments and
investment activities; and
386 28 March 2022 Official Hansard Report

Bermuda Senate • to enhance exist ing regulatory and supervis ory measures.
Madam President, Bermuda’s financial services sector is subject to the regulation and superv ision of the Bermuda Monetary Authority .
The Authority was established in 1969 under
the Bermuda Monetary Authority Act 1969. The I nvestment Business Act 2003 provides the Authority
with substantive licensing supervision and intervention
powers.
Madam President, the Act provides a licensing requirement for any person or entity that wishes to engage in investment business i n or from Bermuda.
Section 8 of the Act grants the A uthority powers to
supervise and regulate investment business es operating in or from Bermuda.
Madam President, the governing framework
for the ongoing development of the Authority’s i nvestment business policies is driven by the core pri nciples issue d by the International Organization of S ecurities Commissions [IOSCO] together with the nature of the investment business market in Bermuda.
This Honourable Senate would be aware that
the Authority has been a member of IOSCO since 6 June 2007. Accordingly, principle two of the IOSCO
core principles require regulators to frequently review the particular way in which securities regulation is car-ried out in its market.
Madam President, by way of background, the
Bermuda Monetary Authority issued a discussion paper in March 2018 entitled, “
Proposed Enhancements
to the Investment Business, Investment Funds and
Fund Administration Regimes .” The purpose of the
paper was to initiate engagement with stakeholders on the modernisation of the sector with respect to
each of these three supervisory framework s.
Madam President, following feedback from
the consultation process, in 2019 the Authority began
the process of enhancing the first two of these r egimes. With the passage by this Honourable Senate
of the Investment Funds Amendment Act 2019 and
supporting instruments and the Fund Administration
Provider Business Act 2019.
Madam President, I am now pleased to pr esent the third piece of legislation arising from the 2018
discussion paper, being the Investment Business
Amendment Act 2022 .
Madam President, the Authority commenced
work in 2020 to review the Investment Business Act 2003. The objectives were to upgrade the regime to
ensure that the legislation met international standards
and expectations and to provide for appropriate oversight of relevant undert akings whil e ensuring that the
framework would remain accommodative of the future
growth of Bermuda’s investment business sector.
The review was conducted under three pillars,
or phases, and considered:
• the appropriateness of the framework scope; • the adequacy of the supervis ory and regulat ory requirements and obligations; and
• the adequacy of the ancillary instruments i ncluding regulations, codes, statement of principles, guidance and other supporting doc umentation which give effect to the framework.
Madam President, upon completion of this
review it was agreed that it would be beneficial to
make enhancements to the framework, principally to
widen its scope through the amendment of the root
concept within the Act of carrying on business in or from Bermuda and strengthening the administrative
arrangements around this concept and around ex-emptions related to this concept.
Madam President, key highlights of the
amendments are as follows:

Carrying on I nvestment Business
in or from Bermuda

Sen. Arianna Ho dgson: Madam President, the definition of carrying on investment business in or from
Bermuda has historically centred on the criteri on of
maintaining a place of business in Bermuda. But in this age of remote working and digital nomads, the
Authority sought to broaden the scope of this definition to encompass geographically mobile operating models.
Madam President, the Authority also sought to
broaden the scope of carrying on investment business in or from Bermuda to allow for more effective monitoring of the regulatory perimeter and to support the
Authority’s response to international regulatory coo peration in respect of Bermuda ’s formed entities which
operate outside of Bermuda.
Madam President, it is proposed to remove
the current definition’s reliance on the linchpin concept
of maintaining a place of business in Bermuda, s uch
that a person will now be deemed to carry on inves tment business in or from Bermuda where that person:
a. carries on investment business and is incorporated or formed in Bermuda;
b. is incorporated or formed outside of Bermuda
and carries on investment business in or from
Bermuda; or
c. engages in investment activity, the doing so of
which constitutes the carrying on by such person of investment business in or from Berm uda under an order made by the Minister of F inance.
Madam President, it must be noted that even
though the express obligation of the concept of mai ntaining a place of business in Bermuda will no longer serve as a test of whether investment business is
conducted in or from Ber muda, the concept will r emain in relation to the obligation for specific persons
to maintain a place of business in Bermuda.




Bermuda Senate Class A R egistered Persons

Sen. Arianna Hodgson: Madam President, the A uthority is aware that there are several Bermuda
formed entities that currently carry on investment business outside of Bermuda and may be subject to
foreign regulatory and supervisory oversight in the
jurisdictions in which they operate. Accordingly, the
Authority proposes to introduce a risk -based approach
to supervision for Bermuda formed entities that operate exclusively outside of Bermuda but are licensed,
authorised or registered by a recognised foreign regulator and do not wish to be licensed in Bermuda.
Such persons will now be able to apply to the
Authority to operate as a newly classified Class A re gistered person. The creation of this new class of regi stered persons will allow the Authority to provide a ppropriate oversight whilst ensuring protection of Bermuda’s blue- chip reputation.
Madam President, all Bermuda formed ent ities which apply and are approved to be registered
with the Authority as Class A registered persons will
be required to designate a senior representative to engage with the Authority on behalf of the Class A
registered person and pr ovide financial and suppl emental submissions to the Authority on a routine basis.
The senior representative who will need to be
approved by the Authority will be required to be phys ically present in Bermuda and maintain up- to-date records and documents t o ensure compliance with the
Authority’s requirements.

Class B R egistered Persons

Sen. Arianna Hodgson: Madam President, it is pr oposed that persons currently listed under paragraphs 1 and 3 of the exemption order be reclassified as
Class B registered persons. Class B registered persons will continue to qualify for proportionately less
oversight than licensed persons and the previously
mentioned Class A registered persons above. Ho wever, these persons will be required to apply and obtain formal approval f rom the Authority prior to undertaking investment business under the new designa-tion.
Madam President, all other entities that are
currently deemed to be exempted persons under the
existing exemption order will be redesignated as nonregistrable persons (NRPs) under the new regime. In
addition, this new NRP category will also include i nsurance marketplace providers and digital asset bus inesses which satisfy certain eligibility criteria.
Madam President, the new order to apply to
Class B registered persons and non- registrable persons will be titled the Registered and Non- Registrable
Persons Order, and such persons will have the option
under that order to apply to be licensed. Additionally, Madam President, the Minister of
Finance will retain the right t o further specify types of
entities which may be designated under either catego-ry of persons. The Order cannot be made until this Bill
is enacted into law.
Madam President, the Bill will encourage i nnovation and expansion of the investment business
secto r in Bermuda by providing for the introduction of
a new sandbox facility and an expansion of permitted
legal structures. Madam President, the Bill will facil itate a sandbox environment within the investment
business framework which is comparable to those
now in place for the insurance and the digital asset
business sectors. The new sandbox environment is
designed to allow eligible persons desirous of purs uing investment business -related innovation to test new
technologies and delivery mechanisms and offer i nnovative products in a controlled environment within the
parameters of a limited term licence, known as a “test
licence.”

Other Matters

Sen. Arianna Hodgson: Madam President, it is proposed that the definition of “company” be expanded in
the new investm ent business regime to include a li mited liability company (LLC) , or an incorporated segr egated accounts company (ISAC) , and an incorporated
segregated account , thereby allowing for greater flex ibility with respect to the legal structure of undertakings
permitted to be either licensed or registered to conduct investment business. This Bill will also propose to
widen the meaning of controller of an undertaking to
include LLC manager.
Madam President, the Bill will introduce a new
investment activity of prom otion of investments to the
public. One of the reasons for this step is to reduce the risk of and enable the Authority to adequately a ddress instances of improper promotion and product
mis-selling to retail clients. Accordingly, the Bill enhances protections for customers of investment services offered by Bermuda undertakings. The First Schedule to the Act is to be updated to include this
new activity with an appropriate definition of promotion
of investments to the public. Madam President, to support the new inves tment business framework the Authority has reviewed
and revised, developed and consulted on a number of
supporting legislative and supervisory instruments to
ensure that they are align ed with the proposals set out
in the Bill and new Order.
Madam President, these supporting legislative
and supervisory instruments proposed are as follows:
a. Investment Business (Capital, Net Assets and
Liquidity) Rules 2022;
b. Investment Business Amendment Regulations 2022;
c. Investment Business (Client Money) Rules
2022 which will replace the existing Inves t388 28 March 2022 Official Hansard Report

Bermuda Senate ment Business (Client Money) Regulations;
and
d. Investment Business Annual and Quarterly
Statutory Return Rules 2022.
Madam President, the Regulations, like the
previously referenced Order, are subject to the nega-tive resolution procedure, and the Government i ntends to publish and lay the relevant Statutory Instruments in the House in the near future. All of these Instruments are intended to facilitate greater effectiv eness and efficiency of regulation and supervision of
investment providers and clarity in relation to reporting
and correspondence between industry and the A uthority.
Madam President, in conjunction with the new
rule-making powers we introduced via section 10A of
the Bill, section 10B of the Bill proposes to provide the
Authority with the ability to modify or dis -apply obligations established in rules under appropriate and specific circumstances. Madam President, in addition to
these other instruments, the Authority has updated its
Statement of Principles, Code of Conduct and Practice and Guidance Notes to support the new initiatives
and assist industry as they transition to the new r egime. The Authority consulted on the proposed stat ement of principles as revised in late 2021, while the Code of Conduct and Practice and Guidance Notes are to be published imminently for consultation.
Madam President, the Authority is mindful ,
particularly given the expansion in the scope of the
regime proposed, that an appropriate period of time
must be provided to all under takings to achieve compliance with the new framework.
By way of context at present there are 90 i nvestment firms registered as non- licensed persons ,
and it is expected that many of these will now apply to
become licensed or registered under the [ new] regul atory regime, joining the 51 licensed investment bus inesses that currently exist within the sector. Accor dingly, the Bill provides for a transition period of 12
months. In this context it should be noted that the A uthority has engaged with industry at each stage of the
new regime’s development via both a representative
working group and the broader consultation process.
Madam President, a floor amendment was
approved by the House of Assembly on the 9
th of
March 2022. The Senate is advised that the floor
amendment affects clauses 6 and 42 and the Sche dule to the Bill as follows:
• Clause 6 inserts sections 10A and 10B, pr udential and other returns. Madam President,
clause 6 was modified in the new section
10A(1) by expanding the scope of the Author ity’s rule -making power to include matters r elating to additional capital and client money.
• Clause 42, consequential amendments. Madam President, clause 42 was modified by i ncluding a reference to the Bermuda Monetary
Authority Act 1969. • The Schedule. Madam President, the Sche dule was modified by amending the Third
Schedule of the Bermuda Monetary Authority Act 1969 to update the references to the i nvestment business sector in the list of financial institutions.
• Madam President, in addition to the above,
the Schedule was also modified by amending
the Fourth Schedule of the Bermuda Monetary Authority Act 1969 under the heading I nvestment Business Act 2003 to update the fee
schedule to include fees related to the follo wing:
o Extensions to filing deadlines —$750;
o Exemptions or modifications from a standard and/or requirement —$710;
o Variations or deletions of conditions —
$1,420; and
o Applications for registration —$2,840.
All other fees remain unchanged.
Madam President, as per the Authority’s normal custom and practice, the S enate is advised that
these amendments represent a collaborative effort
between the Authority and various industry stakehol ders. I would like to thank all of those persons within
the Authority, the Attorney General’s Chambers, the
Ministry of Finance and t he private sector who have
assisted with the development of this Bill.
Madam President, in closing, I would note that
the Bill and the other instruments that will comprise
the new regime will provide for the continued transparent and effective regulatory oversight of investment
providers while maintaining the attractiveness of the
regime thereby strengthening Bermuda’s position as a
leading international financial services centre.
Thank you, Madam President .

The President: Thank you, Senator Arianna Hodgson, Junior Minister of Finance. It was certainly a
comprehensive brief.

[Laughter]

The President: Would any Senator care to speak?
Senator Ben Smith, you have the floor.

Sen. Ben Smith: Thank you, Madam President .
Firstly, I would just like to thank the Junior
Minister for that marathon that she just read.
The Opposition is completely supportive of
this. We have no objections.
Thank you so much.
The President: Thank you, Senator Smith.
Would any other Senator care to speak on
this Bill?
You have full support. It goes over to you to
do—



Bermuda Senate Sen. Arianna Hodgson: Always glad to hear of full
support.
Madam President, I move that the Bill entitled
the Investment Business Amendment Act 2022 be
now read a second time.

The President: Is there any objec tion to the second
reading?
No objection.

SUSPENSION OF STANDING ORDER 26
Sen. Arianna Hodgson: Thank you, Madam Pres ident. I move that [Standing Order] 26 be suspended in
respect of this Bill.
The President: Is there any objection to that motion?
No objection.

[Motion carried: Standing Order 26 suspended.]

BILL

THIRD READING

INVESTMENT BUSINESS AMENDMENT ACT 2022

Sen. Arianna Hodgson: Madam President , I move
that the Bill entitled the Investment Business Amendment Act 2022 be now read a th ird time.
The President: Is there any objection to the third
reading?
No objection.

Sen. Arianna Hodgson: Thank you, Madam Pres ident. I move that the Bill do now pass.

The President: It has been moved that the Bill entitled the Investment Business Am endment Act 2022 do
now pass.
Is there any objection to that motion?
No objection. The Bill is passed.
Thank you, Senator Arianna Hodgson, the
Junior Minister of Finance.

[Motion carried: The Investment Business Amendment
Act 2022 was read a third time and passed.]

The President: Senators, we will now move on to the
second reading of the Endangered Animals and
Plants Amendment Act 2022 and that is in the name
of Senator Lindsay Simmons, the Junior Minister for
Home Affairs.
Senator Simmons, you have the floor.

Sen. Lindsay Simmons: Thank you, Madam Pres ident. Madam President, I move that the Bill entitled
Endangered Animals and Plants Amendment Act
2022 be now read a second time.

The President: Is there any objection to that motion ?
No objection.

BILL

SECOND READING

ENDANGERED ANIMALS
AND PLANTS AMENDMENT ACT 2022

Sen. Lindsay Simmons: Madam President, I rise to
introduce for the second reading the Bill entitled Endangered Animals and Plants Amendment Act 2022 ,
the “Bill.”
Madam President, the purpose of this Bill is to
ensure that Bermuda is in compliance with the Convention on International Trade and Endangered Species of Wild Fauna and Flora ( CITES) , to which we
are a party through the United Kingdom. There are
presently 184 countries that are party to the Convention and through local legislation Bermuda plays its
role in protecting endangered and threatened species
worldwide.
Madam President , in reference to CITES, one
will hear the terms “specimen” and “trade” used quite
frequently. With that in mind, permit me to explain
those terms in the context of CITES. A “specimen” is
not simply just an animal or a plant that is regulated
by CITES, but also any portion of that animal or plant,
whether it be dead or alive, and anything derived from
that animal or plant. The term “trade” refers to the occurrence of a CITES specimen crossing an international border by human means, be it on a person, in a
travel ler’s luggage, via post , courier or cargo.
Madam President, annually international wil dlife trade is estimated to be worth billions of dollars
and includes hundreds of millions of plant and animal
specimens. Trade is very diverse, ranging from live
animals and plants to a vast array of products derived
from them including food products, exotic leather [goods ], wooden musical instruments, timber tourist
curios and medicines. The exportation of various species is high, and trade, together with habitat laws and
other factors , has driven some species to or close to
extinction.
Madam President, the CITES Treaty came into force in 1975 to utilise regulations of international
trade as a means to curb destructive practices. CITES
does not regulate the harvest of natural resources for
domestic consumption but does regulate trade w hen
specimens cross international borders. The Treaty
aims to ensure that international trade in specimens of
wild animals and plants does not threaten the survival
of those species and that proper protection is afforded
to those species when specimens are moved intern a390 28 March 2022 Official Hansard Report

Bermuda Senate tionally so as to safeguard those resources for the
future.
Madam President, approximately 38,700 species are protected by CITES. Approximately 5,950, or
15 per cent are species of animal s and 32,800, or
85 per cent, are species of plants. The CITES species
are listed amongst the three CITES Appendices . Any
type of wild plant or animal may be included in the Appendix. While the more charismatic and well -known
creatures , such as , elephants, lions and whales are
readily recognised examples of CITES species, the
most numerous groups include many lesser -known
plants and animals, such as aloes, pine trees, pitcher
plants, corals, muscles, frogs and leeches.
In the Bermuda context, it ems present locally
that are covered by CITES include various animal
species held at the Bermuda Aquarium, Museum and
Zoo: the tortoises , turtles , otters , the crocodiles, birds
of the parrot family , various antique items made of
ivory; high- valued merchand ise made of crocodile
hide, such as watchbands, belts and shoes; animal
skins, corals, conch, orchids, and other plants.
Whether these items are being moved for personal or
commercial reasons, they are subject to CITES co ntrol.
Madam President, the legislation that brings
CITES to life and gives it force in Bermuda is our E ndangered Animal and Plants Act 2006. This Act has been reviewed by [the] CITES Management Authority
of the United Kingdom, the UK Department of Env ironment, Food and Rural Affairs (DEFRA ), and the
CITES Secretariat, and found to be out of alignment
with the CITES Treaty.
Some aspects of our Act were too strict and
others too liberal. The amendments before you today
will bring the local Act into alignment with the CITES
Treaty and the standards adopted by parties around
the globe. Additionally, the amendments codify key
resolutions arising out of conferences of parties, thus
bringing those resolutions into force. Specifically,
some of the major amendments are highlighted below:
• recognising hybrid animals and hybrid plants
and clarifying when CITES applies to these;
• creating a new definition to more clearly define the term “personal or household effects”
and when these terms may be applied;
• empowering the Minister with discretion to a llow tra vellers limited quantities of CITES
spec imens without a permit, CITES spec imens that are in transit or being trans -shipped
to Bermuda setting out when the restrictions of trade of endeavoured species may be exempted or waived;
• establishing appropriate enforcement actions
that can occur when violations are suspected,
even when such items have not fully entered
Bermuda;
• extending the maximum period of validity for import permits from 6 months to 12 months; and in the case of an export permit or reexport cert ificate from 3 months to 6 months.
• clarifying that the Department of Environment
and Natural Resources (DENR ) will be the l ocal Management Authority and the Act pr ovides for functions to be discharged from the department;
• removing the requirement for the Minister to
consult with the Management Authority before
giving policy directions;
• establishing the Advisory Scientific Authority
and setting out procedures for appointment,
consultation and proceedings of the Authority;
• granting additional powers to author ise offi cers to stop, detain, search and arrest any persons whom he reasonably suspects has
committed an offence against the Act; stop,
detain, search and seize any vehicle or anything in connection with which an offence appears to have been committed agai nst the
Act; and seize any specimen he has reason to
believe is being possessed or used in contr avention of the Act;
• creating an additional offence pertaining to
any persons who possess or have any other
dealing in any specimen that has been d erived from a specimen traded in a manner
contrary to this Act; in keeping with other offences, such an offence is punishable on
summary conviction to a fine not exceeding
$1 million or to a term of imprisonment not exceeding three years, or both a fine and i mprisonment;
• enabling the court under certain conditions to
make an order of forf eit in respect of a spec imen seized under the Act where there is no
conviction. This clause also enables disposal
or retention of any specimen so forfeited after consulting with the Sc ientific Authority and
enabl ing the Management Authority (DEFRA)
to issue the appropriate permit or certificate to facilitate transport overseas if necessary; and
• setting out the application procedure for forf eit
of a specimen providing such applications to
be made by the Director of Public Prosecution and allowing the court to hear from anyone
that may oppose a forfeit order.
The Act also provides for payment of charges
arising with respect to storage, maintenance, security,
et cetera, of the specimen.
Madam President, I can say that the UK Government and the CITES Secretariats have been co nsulted throughout the preparation of this proposed
legislation to ensure full compliance with the Treaty.
By enacting this legislation, Bermuda will have
an Act deemed by the UK Management Authority and the CITES Secretariat as fully compliant with CITES. Going forward we will still need to re- establish the
Scientific Authority so to fulfil its role as defined by the


Bermuda Senate Act. This will be done shortly upon approval of the
amended legislation.
Thank you, Madam President .
The President: Thank you, Senator Lindsay Si mmons.
Before I open it to the floor, I would just like to
advise Senators that we do have two technical officers
from the Ministry of Home Affairs. So, if you have any
questions, I am sure they will be more than willing to
help.
Would any Senator care to speak on this Bill?
Yes, Senator Robin Tucker, you have the
floor.

Sen. Robin Tucker: Thank you. Good evening, Madam President .
The President: Good evening .
Sen. Robin Tucker: Very briefly, I just want to, first of
all, thank the Junior Minister for bringing her stat ement.
I think we all recognise just by being global
citizens that the list of endangered species and an imals continues to grow. With that, it is very important
that Bermuda does its part to protect the animals and
the plants as best as we can.
With that said, Madam President, we have no
objection to this legislation whatsoever.
Thank you, Madam President .
The President: Thank you, Senator R obin Tucker.
Would any other Senator care to speak on this Bill?
It seems you have full support for this Bill,
Senator Lindsay Simmons. It is over to you.
Sen. Lindsay Simmons: Thank you, Madam Pres ident.
Madam President, I move that the Bill entitled
the Endangered Animals and Plants Amendment Act
2022 be now read a second time.
The President: Is there any objection to the second
reading?
No objection.

SUSPENSION OF STANDING ORDER 26
Sen. Lindsay Simmons: Madam President , I move
that [Standing Order] 26 be suspended in respect of
this Bill.

The President: Is there any objection to that motion?
No objection.

[Motion carried: Standing Order 26 suspended.]
BILL

THIRD READING

ENDANGERED ANIMALS
AND PLANTS AMENDMENT ACT 2022
Sen. Lindsay Simmons: Madam President , I move
that the Bill en titled Endangered Animals and Plants
Amendment Act 2022 be now read a third time.
The President: Is there any objection to the third
reading?
No objection.
Sen. Lindsay Simmons: Madam President , I move
that the Bill do now pass.

The President: It has been moved that the Bill entitled the Endangered Animals and Plants Amendment
Act 2022 do now pass.
Is there any objection to that motion?
No objection.
The Bill is passed.
Thank you, gentlemen, for your presence.

[Motion carried: The Endangered Animals and Plants
Amendment Act 2022 was read a third time and
passed.]
The President: Senators, we will now move on with
our Orders of the Day.

MOTIONS
The President: There are none.

CONGRATULATORY AND /OR OBITUARY
SPEECHES
The President: Would any Senator care to speak at
this time?
Senator Lindsay Simmons, you have the floor.

Sen. Lindsay Simmons: Thank you, Madam Pres ident.
Madam President, I just want to say congrat ulations to the Bermuda Footbal l Association Women’s
Committee that held the All Girls Tournament which
competed yesterday. I would like to acknowledge all
of the girls who participated in the tournament.
I would now like to take this opportunity to
congratulate the tournament champions for 2022: U nder-7, St. David’s; Under -9, BHS- Flames; Under -11,
St. David’s; Under -13, Dandy Stars; Under -15 [and]
Under -17, Dandy Stars. Also, I would like to thank the
Bermuda Football Association Women’s Committee
for organising and hosting this tournament to ensure
392 28 March 2022 Official Hansard Report

Bermuda Senate that our girls have an opportunity to compete in a
male -dominated sport, which is football.
Thank you, Madam President .
The President: Thank you, Senator Lindsay Si mmons.
Would any other Senator care to speak?
Senator Robin Tucker, you have the floor.
Sen. Robin Tucker: Thank you, Madam President . I
will be very brief.
I just remembered that I had not had an opportunity to extend condolences to the family of Darius Tucker. Darius and I were childhood friends. We grew
up in the same neighbourhood, and I had actually seen him just a few short days before his untimely
passing. With that, I just wanted to take this opportunity to extend heartfelt condolences to his family, to the
rest of his friends and everybody that was associated
with Darius.
Thank you, Madam President .

The President: Thank you, Senator Tucker.
Would any other Senator care to speak on the
congratulatory or obituary speeches? No?
Then Senator, Minister Dr. E. G. V. Peets,
Government Leader in the Senate, it is adjournment.

Having said that,
Madam President, I thank everyone for their har d
work and diligence.
I move that we adjourn until Wednesday, 30
March 2022.
The President: Thank you.
Would any Senator care to speak on the m otion to adjourn?
Senator Ben Smith, you have the floor.

Sen. Ben Smith: Thank you, Madam President . I wil l
be quick. I just wanted to thank everybody for partic ipating in this Budget Debate. I think as we moved
along we got better at working with each other to do
what was in the best interest, and I would just like to thank everybody for the time they put in, to thank the
Chairwoman and Chairman who took us through this entire Budget Debate. Thank you very much. I am
looking forward to continuing to work with you for the
upcoming year.
Thank you.
The President: Thank you, Senator Ben Smith.
Would any other Senator care to speak?
Hearing none, I would just like to also thank
each and every one of you as, I think on Thursday,
when we last met we were able to speak freely about
our expectations. I think today is an example of the
objective of what we were hop ing for, and I want to
thank each and every one of you for helping us reach that.
So with that, Senators, the Senate stands adjourned until Wednesday, the 30
th of March.
Have a good evening and thank you.

[At 8:13 pm, the Senate stood adjourned until
10:00 am, Wednesday, 30 March 2022.]