This was a budget debate session focused on the Ministry of Legal Affairs and Constitutional Reform. Minister Dr. Ernest Peets presented detailed budget breakdowns for drug control services and ministry operations for the 2022/23 fiscal year. The session was primarily informational, with the Minister explaining how funds would be allocated across various programs including drug treatment facilities, prevention programs in schools, and legal services. No votes were taken during this committee session.
National Drug Control budget and programs for 2022/23 ($4.3 million allocation)Drug treatment and prevention services, including men's and women's residential treatment centersMinistry of Legal Affairs and Constitutional Reform headquarters budget ($5.9 million)Legal aid, pupillage program, and criminal injuries compensation board operationsCannabis reform implementation and expungement of cannabis convictions
Bills & Motions
No bills were read or voted on during this session
This was a Committee of Supply session reviewing budget estimates for 2022/23
The session focused on three budget heads: Ministry Headquarters (Head 87), Attorney General's Chambers (Head 4), and National Drug Control (Head 88)
Notable Moments
Minister acknowledged that the Cannabis Licensing Bill 2021 was defeated in the Senate but indicated work continues on cannabis reform
Recognition that the pupillage program successfully trained three female law graduates who all found immediate employment
Discussion of challenges with the cannabis conviction expungement process due to missing historical records about drug quantities
Debate Transcript
265 speeches from 15 speakers
The ChairmanChairmanSenators, we are in Committee of the whole [Senate] for further consideration of the Appr opriation Act 202 2, together with the Estimates of Revenue and Expenditure for the year 2022 /23. The Mi nistry under consideration this morning is the Ministry of Legal Affairs and Constitutional Reform . The …
Senators, we are in Committee of the whole [Senate] for further consideration of the Appr opriation Act 202 2, together with the Estimates of Revenue and Expenditure for the year 2022 /23. The Mi nistry under consideration this morning is the Ministry of Legal Affairs and Constitutional Reform . The Heads for debate under this Ministry are the Ministry of Legal Affairs and Constitutional Reform Headquarters, which is Head 87; Attorney Ge neral’s Chambers, Head 4; National Drug Control, Head 88. The number of hours for debate allocated to these Heads is two. The Senator in charge is the Leader of the Gover nment in the Senate, Minister the Honourable Dr. Er nest Peets. We are starting at 10:10 and therefore the debate will end at 12:1 0. Minister Peets, how do you wish to proceed?
MINISTRY OF LEGAL AFFAIRS AND CONSTITUTIONAL REFORM
Sen. the Hon. Dr. Ernest PeetsGood morning, Madam Chairman. I move that the Committee do now take under consideration Head 87, Ministry of Legal Affairs and Constitutional Reform Headquarters; Head 4, Attorney General’s Chambers; and Head 88, the National Drug Control.
The ChairmanChairmanThank you, Minister Peets. Please proceed.
Sen. the Hon. Dr. Ernest PeetsThank you, Madam Chairman. This is a very well -written and robust brief. Given the fact that we only have two hours for debate I will actually start the brief with Head 88 and then make my way as much as possible through the r emaining presentation. The Cha irman: …
Thank you, Madam Chairman. This is a very well -written and robust brief. Given the fact that we only have two hours for debate I will actually start the brief with Head 88 and then make my way as much as possible through the r emaining presentation. The Cha irman: Thank you for that consideration, Mi nister Peets.
HEAD 88 —NATIONAL DRUG CONTROL
Sen. the Hon. Dr. Ernest PeetsMadam Chairman, I will now present the financial year 2022/23 current accounts estimate for Head 88, the Department for National Drug Control, which can be found starting on page B -98 of the Estimates Book. In the financial year 2022/23 the department has been allocated the sum of $4,311,000, which …
Madam Chairman, I will now present the financial year 2022/23 current accounts estimate for Head 88, the Department for National Drug Control, which can be found starting on page B -98 of the Estimates Book. In the financial year 2022/23 the department has been allocated the sum of $4,311,000, which is a $19,000 overall increase from the fiscal year 2021/22. Madam Chairman, the Department for N ational Drug Control (DNDC) plays a key role in the Ministry of Legal Affairs and Constitutional Reform with respect to addressing one of the foremost social issues affecting Bermuda today —substance misuse and abuse. Under the National Drug Control A ct 2013, the department provides leadership and policy coordina-tion for the planning, development, implementation, and evaluation of the comprehensive national system of Alcohol, Tobacco and Other Drugs (ATOD) preve ntion, treatment and rehabilitation servi ces. In its lea dership role in the national drug control effort, including supply reduction and demand reduction efforts, the DNDC coordinates with other agencies. The DNDC is also responsible for establishing targets and standards of performance for initi atives supporting the N ational Drug Control ’s Master Plan. Consequently, the mission of the department is To lead efforts to reduce the negative impact of drug misuse or abuse on children and families . The department’s objectives for 2022/23 are as follows : a) To increase awareness of DNDC services and initiatives utilising targeted media campaigns. b) Provide research data on the negative impact of cannabis misuse and abuse on young pe ople and adjust or implement demand reduc-tion programmes as indicated. c) To i mprove customer satisfaction for the DNDC drug treatment and drug prevention services. d) Identify critical leadership to oversee the i mplementation of priority actions within the N ational Drug Control Master Plan to ensure success of the five- year plan. Madam Chairman, the Department for N ational Drug Control manages and administers both grant funds to partner agencies providing prevention and treatment services, as well as a budget for core administration functions. This includes drug preven-tion, drug treatment, community development and r esearch/policy initiatives. Funds are also allocated to assist in the implementation and action plans of the National Drug Control ’s Master Plan. Madam Chairman, the department employs 27 staff. The department al headquarters i s presently staffed by a director, five technical officers and one full-time administrative staff. Direct staffing support to the Nelson Bascome Substance Abuse Treatment Facility is provided by one treatment coordinator who oversees both the male and fem ale residential treatment programmes along with 19 clinical staff (coordinators, addiction counsellors, junior addiction counsellors and addiction counsellor technicians) and support posts (administr ative assistant, cook and maintenance) currently as-signed to the Women’s Treatment Centre and Men’s Treatment programme. There are currently four v acancies within the treatment programmes that are in
Bermuda Senate active recruitment with the plan to fill from within the department following numerous unsuccessful recrui tments locally and overseas. Madam Chairman, I am pleased to provide an analysis by business unit of the budget estimates for the Department for National Drug Control for the fiscal year 2022/23 compared to the fiscal year 2021/22. I draw your attention to Admin istration , 98000, found on page B -98. The 2021/22 versus 2022/23, original estimates for last year was $1,021,000. The estimate for 2022/23 is $1,020,000, a decrease of just $1,000. Administration provides the organisational framework in support of the mis sion and mandate of the DNDC. Its resources are aimed primarily at recur-rent expenditures, and grants and contributions to the treatment and prevention partners that provide services for, or on behalf of, the department. The administration allocation of $1,020,000 which is a $1,000 decrease from the 2021/22 alloc ation. The budget covers employee salaries and other operational expenses (such as, facilities, utilities, maintenance costs, supplies and training) and, of course, grants. The Department for Natio nal Drug Control is established, in part as a service delivery unit, but ca nnot provide all of the needed services required within the community. The DNDC depends greatly on pur-chasing services in the treatment and prevention ar eas through grant allocation s to realise its mandate. PRIDE provides evidenced- based life skills programming within some of the primary schools to support drug education and drug prevention. The Salvation Army provides residential drug treatment and community life skills programming for 10 males. Focus Counselling provides transitional supportive housing for up to 28 recovering males. These individuals who have participated in primary drug treatment at any treatment facility ( whether it be the correctional facil ities, hospital, inpati ent or outpatient services) and these services are of course to assist in the reintegrating these clients back into the community as productive citizens, thus improving the number of indi-viduals maintaining a drug free lifestyle. The highlight-ed agencies have provided an integral part of the drug prevention and drug treatment continuum of services for Bermuda for many decades in collaboration with the Department of National Drug Control. Please take note of page C -17 for grants and contributions. I now dr aw our attention to Community Development, 98010 which can be found on page B -98 regarding the 2021/22 comparison of 2022/23 financial estimates. The original estimate for the previous budget year was $271,000. The estimate for the year ahead is $252,000. That is a decrease of 7 per cent or $19,000. Madam Chairman, the allocation to Community Development, business unit 98010, is $252,000, as indicated, that is a decrease of $19,000 for the fiscal year compared to 2021/22. This 7 per cent decrease is funding from the grant of CADA. Funding is allocated to facilitate activities that are primarily targeted t owards public education, community development, i nformation dissemination and to support the grant to the Council of Alcohol and Drug Abuse (CADA). Please r eference page C -17 regarding grants and contributions. The goal of this unit is to educate the public about the harms of alcohol and drug use; to ensure the provision of clear and sustained messages to our young people that no use of alcohol, tobacco or other drugs is acceptable and to involve families, schools and community organisations in alcohol and drug prevention efforts. CADA works in collaboration with the Depar tment of National Drug Control to provide community education on alcohol misuse, as well as to provide the server training programmes (commonly known as TIPS) which is mandated within the Liquor Licensing Act 1974 as amended in 2011. A grant of $80,000 is allocated to CADA to support these activities. Other initiatives for the Community Devel opment unit are to assist in highlighting drunk and drug driving and road safety initiatives through public ed ucation and to continue awareness campaigns directed at underage drinking, adolescent drug use (such as, alcohol and marijuana), and emerging drugs, such as fentanyl. The majority of the promotion and adverti sing funds for the fiscal year 2022/23 will be used to continue the cannabis public education campaign f ocused primarily on adolescents. Regarding Prevention, which is 98020, page B-98. The orig inal estimate for 2021/22 was $220,000. The estimate for the upcoming year 2022/23 is $240,000. That is an increase of 9 per cent or $20,000. Madam Chairman, an allocation of $240,000 is provided to support the Prevention Unit efforts in business unit 98020. This is a $20,000 increase, Madam Chairman, or a 9 per cent increase over last year’s allocation. The 9 per cent increase is due to the inclusion of funding for the Adventure Education pr ogramme. Funds in this business unit are utilised to improve cover age of drug prevention measures within the community, to improve opportunities for school - based prevention interventions, and to increase access for young people to targeted prevention pr ogrammes. Funding is also utilised to support the i mplementation of the National Drug Policy and for trai ning prevention professionals and community members to support drug prevention efforts. The Prevention Unit facilitates the Teen Peace programme supporting four public schools and also supports the implementation and int egration of the Al’s Pals programme at the pre- school and prim ary 1 to 2 levels. Funding is allocated within the Pr evention Unit to support facilitators and to purchase resources to sustain these programmes. This year ’s funding has been carved out to support the implemen228 24 March 2022 Official Hansard Report
Bermuda Senate tation of the Adventure Education programme that utilises an experiential approach to learning. Madam President . . . Madam Chairman, I do apologise. From time to time that may slip out. Madam Chairman, the “Teen Peace” pr ogramme includes the utilisation of the Botvin LifeSkills drug prevention curriculum along with the Adventure Education. Both are evidenced- based programmes with proven positive outcomes among students for making healthy choices. Botvin LifeSkills Training [sometimes referred to as LST] is a comprehensive substance abuse prevention programme that focuses on targeting the social and psychological factors that initiate risky behaviours rather than simply educating participants on the dangers of drug and alcohol use. By building self-confidence and strengthening life skills needed to successfully handle challenging situa-tions, LST has been proven time and time again to significantly reduce the risks of alcohol, tobacco, drug use and violence. Currently there are 40 students part icipating between 2 schools. Programming and participation has been severely impacted due to the COVID -19 pandemic over the 2021/22 school year. Madam Chairman, the DNDC has trained one trainer and four facilitators to support the new Adventure Education programme and supported its first Summer Camp that had 30 participants in July of 2021. Madam Chairman, prior to COVID -19 the pr ogramme operated as part of the afterschool pr ogrammes, with high- risk students being identified by school counsellors to partic ipate. Madam Chairman, Adventure Education is an experiential learning programme that engages the learner physically, emotionally, and mentally. It encourages exploring, appropriate risk -taking and play that predicts unpredictable outcomes by creating adventure fun and learning. Adventure educators use a specific framework to facilitate learning. The fram ework includes: the Adventure Wave which surges b etween three basic phases: Brief, Activity and then Debrief. The learning begins with the B rief, where d irections and framing are given. Next is the Activity, when the participants engage in specific challenges, followed by a Debrief, which can happen throughout the process, but mainly after the activity. Students have the opportunity to then reflect and disc uss the activity, allowing them to transfer what they have learned from the activity to their actual lives. The adventure education addresses the following: anti -bullying behaviour ; anti -drug; communic ation; compassion; critical thinking; empathy; health; leadership; respect; responsibility; problem solving; self-esteem; social emotional learning; team building; tolerance and, of course, trust. Madam Chairman, all of the drug prevention programmes are evaluated throughout the year by observation by the DND C staff (the drug prevention officer and the community development coordinator) to ensure fidelity and appropriate implementation by the facilitators annually. Approximately $65,000 is spent on this programme to purchase supplies and pay programme facilitators annually. Madam Chairman, the Al’s Pals programme has continued in collaboration with the Department of Education, and as of June 2021 a decision was made to include the Al’s Pals programme as part of the Cr eative curriculum for all pre- school and P1 and P2 st udents in public schools. Al’s Pals is also an ev idenced- based programme with research supporting positive outcomes for children at this age level. The Al’s Pals programme is an early childhood, resiliency - based curriculum designed to teach health y decisionmaking skills to children in preschool s [to] grade 2. Al’s Pals helps children develop personal, s ocial and emotional skills through guided creative play, puppetry and role- playing, and teaches them how to express feelings appropriately, think i ndependently, accept differences, make good choices and understand the negative impact alcohol, tobacco and other drugs can have on their lives. Approximately 304 st udents have participated in the programme from the pre-school level. Work is occurring to commence the programme in P1 and P2 in the near future. The Department for National Drug Control is committed towards continued collaboration and support for the Al’s Pals programme with in the Depar tment of Education and funds initial training, refresher courses and resources and supplies for all of the ed ucators implementing the programme at a cost of approximately $15,000 per year. Parents in recovery are faced with a multitude of challenges as they prepare to address the needs of their children who have been without a fully functio ning parent role model during their active use of sub-stances. This has caused a breakdown in the family thus affecting children. As a result, the DNDC has f ocused on developing skill sets for persons in recovery through the Pare nt’s Tool workshop, or Toolshop—my correction— education programme (re- named Parenting 101). This is designed to encourage parents to develop their communication skills and set goals in building a beneficial relationship with their children. Madam Chairman, Parenting 101 is led by a certified parenting facilitator and is a step- by-step guided programme building positive parenting skills and building family relationships that make the har dest job on the planet just a little bit easier. Parents learn how to pr event problem behaviours from star ting, how to communicate and how to help their child problem solve and make good choices as they grow. Stress management and positive discipline are also included. Parents receive tips and strategies that have been proven by research to work and can be used immediately. In 2021/22 this programme engaged four at - risk parents at Teen Services during the month of
Bermuda Senate June. The prevention officer and a senior educator are the only facilitators of this programme at an approx imate c ost of $500,000 annually. Regarding Treatment, business unit 98030 on page B -98, the previous original estimate of $411,000, this year’s estimate for 2022/23 —no change, $411,000. Madam Chairman, the Treatment Unit, business unit 98030, is allocated $411,00 0 for the upco ming year . The Treatment Unit funding allocation is used to facilitate the implementation of key activities geared towards achieving the goals of the National Treatment Strategy, including Commission on Accreditation of Rehabilitation Facilit ies (CARF) accreditation fees and resources; addiction specific training, R ecovery Month ( which occurs in September every year ) for those activities and the AccuCare client management system licences and training. Funds are also allocated to support the gr ant for the Bermuda Addi ction Certification Board (BACB) . Please direct your attention to page C - 17 under Grants and Contributions for more information. In financial year 2022/23, focus will remain on maintaining CARF accreditation for the Men’s Treatment Programme, the Women’s Treatment Centre and Turning Point ( which is operated by B ermuda’s Hospitals Board) as required by the National Drug Control Act 2013. All of these programmes have mai ntained the “gold star” CARF accreditation status throughout the fiscal year for 2021/22. CARF accreditation is spearheaded and funded by the Department for National Drug Control island -wide at an approx imate cost of $21,000. Compliance surveys are completed every three years. Quality improvement reports are also submi tted annually. Madam Chairman, in conjunction with the accreditation, the registration of all treatment services in accordance with the National Drug Control Act 2013 is in progress. The development and implementation of supporting processes (such as, appl ication process; fees, et cetera) will hopefully be implemented through the Regulations under the Act in 2022/23. Efforts will also continue to consolidate the use of the AccuCare Client Management system in all drug treatment programmes across the Island to a ssist in standardised, best practice care. All treatment facilities except Turning Point (BHB) use the Acc uCare system. Required cross -ministry training such as CPR, non -violent prevention techniques and Acc uCare training will also continue at an approximate cost of $20,000. Grant funding provided to the Bermuda Addi ction Certification Board [BACB ] provides international certification testing for both prevention and treatment professionals locally; funding to support addiction specific training to enhance the Workforce Development in this specialty area; supports recertification of professionals, and helps to maintain membership in the International Certification & Reciprocity Consort i-um (IC&RC). Certification is required for registration of all addictio n counsellors to practice under the Allied Health Professions Act 1973. There are currently 47 certified and registered addiction counsellors, nine certified clinical supervisors and five prevention specialists currently working in Bermuda. In tandem with the cannabis reform a concerted effort will be made to provide updates to all professionals in the management of clients seeking assistance for cannabis related issues in the current global environment.
Research and Policy Development
Sen. the Hon. Dr. E rnest PeetsI now draw our attention to Research and Policy Development. That will be business unit 98050 located on page B -98. The original estimate for the previous fiscal year was $301,000. The estimate for the year ahead —there is no change, $301,000. Madam Chairman, the Research and Policy Development Unit, …
I now draw our attention to Research and Policy Development. That will be business unit 98050 located on page B -98. The original estimate for the previous fiscal year was $301,000. The estimate for the year ahead —there is no change, $301,000. Madam Chairman, the Research and Policy Development Unit, business unit 98050, has an all ocation of $301,000, of which there is no change from last year. Funding in this cost code is used to facilitate information- gathering and analysis, monitoring and evaluation, as well as any relevant legislation and po licy development initiatives prioritised within the department and/or the Ministry. The primary activities of the research unit are geared towards collection and dissemination of reli able data through the Bermuda Drug Information Network (BerDIN); identifying emerging trends and pa tterns of drug use; evaluation of the current drug control efforts, and providing coordination, implementation and evaluation of the National Drug Control Master Plan and Action Plans. During the financial year 2022/23 an additional focus will be on implementing cannabis surveillance to assist in monitoring the impact of cannabis reform initiatives. The 2019 to 2024 National Drug Control plan was submitted for review by the Minis try in early 2020. The previous plan spanned the years 2013 to 2017. The Research unit continues to monitor the ac-tion plans from the expired plan until the updated plan is approved. Madam Chairman, the 11 th Annual Bermuda Drug Information Network (BerDIN) meeting was held with all network members remotely on 19 November 2021. This annual event continues to greatly increase collaboration, understanding and information- sharing between all the agencies involved in demand and supply reduction activities. The 2021 Annual Report of the Bermuda Drug Information Network was released to the public in February 2022. BerDIN activities incur an approximate cost of $15,000 annually. Customer satisfaction surveys, stakeholder feedback surveys and quality records reviews were completed within the Department for the National Drug Control, Women’s Treatment programme, Men’s 230 24 March 2022 Official Hansard Report
Bermuda Senate Treatment programme and the Right Living House operated under the Department of Corrections. The COVID -19 pandemic has severely impeded the normal collec tion of data as the scheduled prison survey has been postponed for several months and several agencies were unable to provide their data sets due to the added burden of dealing with the impacts of COVID -19. The release of the marijuana use survey; the AUD IT pregnancy survey; and the national household survey on drugs and health that occurred in 2020/21 have also been delayed.
Men’s Treatment
Sen. the Hon. Dr. Ernest PeetsRegarding Men’s Treatment, business unit 98060 on page B -98. The original estimate for the previous year was $898,000. The estimate for the year ahead is $906,000, that is a 1 per cent increase or $8,000. Madam Chairman, the Men’s Treatment pr ogramme business unit 98060 was allocated $906,000, slight …
Regarding Men’s Treatment, business unit 98060 on page B -98. The original estimate for the previous year was $898,000. The estimate for the year ahead is $906,000, that is a 1 per cent increase or $8,000. Madam Chairman, the Men’s Treatment pr ogramme business unit 98060 was allocated $906,000, slight increase of 1 per cent from the previous fiscal year. The small increase is related to the variance in the salaries from the previous fiscal year. The funding allocation provides the operational and staffing cost required to provide outputs to meet the treatment , the rehabilitative needs and goals of adult males needing residential treatment at the Nelson Bascome Substance Abuse Treatment Facil ity. The Men’s Treatment programme is a res idential treatment programme for Men over 18 years of age. It provides long term, comprehensive primary treatment for addiction disorders. The programme’s primary treatment is delivered over a 12- month period using a phased approach. During the last phase a transition plan is developed which includes participating in volunteer services, job shadowing, and refer ral to transitional supportive residency programme and/or after care services. Madam Chairman, each year our research team conducts consumer experience and stakeholder feedback surveys for the department treatment pr ogrammes. The surveys are made up of several indic ators. The overall value clients gave for the Men’s Treatment programme were: • most noted that they would come to Men’s Treatment if they had other choices; • 87.5 per cent of the clients would recommend Men’s Treatment to a friend; • most of the cli ents indicated that the treatment received enabled them to do things better; • the majority of the clients felt staff treated them with respect and courtesy; and • all of the clients felt safe whilst receiving their respective services. The data for Men’s Treatment has also prompted new initiatives to improve community awareness, better communication between stak eholders, and the shortening of the client admission process es. There were 17 referrals and pre - screenings to Men’s Treatment Centre; 11 admissions and five discharges to the community during the 2021/22 [fiscal year ] as the programme has remained open throughout the entire pandemic. The Men’s Treatment Centre programme has been accredited by CARF since 2015 and underwent a CARF accreditation survey on F ebruary 3 and 4, 2020, and received the gold star three- year award. CARF will re -survey in 2023.
Women’s Treatment Centre
Sen. the Hon. Dr. Ernest PeetsRegarding the Women’s Treatment Centre, or business unit 98070, also on page B -98. The original esti mate for the prev ious year was $1,145,000. The estimate for the year ahead is a slight increase of $11,000 or 1 per cent to $1,156,000. The funding allocation provided is utilised to …
Regarding the Women’s Treatment Centre, or business unit 98070, also on page B -98. The original esti mate for the prev ious year was $1,145,000. The estimate for the year ahead is a slight increase of $11,000 or 1 per cent to $1,156,000. The funding allocation provided is utilised to meet the outputs and needs of women in residential substance abuse treatm ent. The Women’s Treatment Centre provides both residential treatment for women at the Nelson Bascome Substance Abuse Treatment Centre as well as supportive residency at a separate site. The Women’s Treatment Centre is the only res idential treatment facili ty for women in Bermuda. It provides long- term, comprehensive treatment for addiction and related disorders. The programme is de-livered over a 12- to 15- month period using a phased approach. The phased approach to treatment delivery enables the client to reach short -term goals and to celebrate accomplishments thus motivating them to continue in treatment. Community involvement and reentry is gradual and includes a partnership with local businesses and organisations to facilitate volunteer-ism in our client s. There were three regular admi ssions; two respite admissions; 15 referrals and seven pre-admissions completed over the past fiscal year, with this programme remaining open also through the entire pandemic. Madam Chairman, as mentioned before, each year o ur research team conducts consumer exper ience and stakeholder feedback surveys for the de-partment treatment programmes. The data for the Women’s Treatment Centre shows an overall value given by the clients : • most of the clients reported feeling safe at the treatment cent re; • if given other choices, they would come to Women’s Treatment Centre; • the majority of clients felt that the services at Women’s Treatment Centre met their needs. Efforts towards improvement will include a campaign to assist in increasing participation in the women’s programmes through focus groups , public
Bermuda Senate awareness and by partnering with community pr ogrammes that have access to women. This will occur in the upcoming fiscal year for 2022/23. Madam Chairman, the supportive residency facility and the programme provides a safe environment for the reintegration of women back into the community who have completed a programme of substance abuse treatment at the Women’s Treatment Centre or who are accepted by the Women’s Treatment Centre. All trans itional clients are females who have been drug free for at least one year. The pr ogramme is managed by the Women’s Treatment Cen-tre and is located within the general community. There were two admissions to the transitional home. Other clients at the Women’s Treatment Centre who were eligible for transitional housing either defaulted ( such as left the programme) or have not yet reached the re- entry phase. The cost of the transitional housing facility is $5,000 monthly paid to the D epartment of Public Works. Utilities each month is no more than $1,000. The Women’s Treatment Centre programme and supportive residenc y has been accredited by CARF since 2009 and underwent its most recent accreditation survey in February of 2020, and was also awarded the gold star three- year award. CARF will re - survey this programme in 2023.
National Drug Control Master Plan
Sen. the Hon. Dr. Ernest PeetsThe National Drug Control Master Plan, page B -98, business unit 98080. The original estimate for the previous fiscal year was $25,000. The estimate for the year ahead— there is no change. Madam Chairman, the business unit 98080 is in place to provide for the effective implementation of the National …
The National Drug Control Master Plan, page B -98, business unit 98080. The original estimate for the previous fiscal year was $25,000. The estimate for the year ahead— there is no change. Madam Chairman, the business unit 98080 is in place to provide for the effective implementation of the National Drug Control Master Plan; cross -ministry initiatives with the [Bermuda] P olice, Customs and Corrections; evaluation of the master plan and to encourage cooperation and involvement of other go vernment departments and civil society in the impl ementation of the master plan initiatives. This business unit will be al located $25,000 for the upcoming fiscal year, the same as the previous fiscal year. The 2021/22 funding will be utilised to assist HM Customs with the purchase of a K9 dog and the Department of Corrections with training and the purchase of their K9 dog. Correction’s K9 unit provi des random sweeps of all the DNDC treatment facilities annually . Funding allocated for the 2022/23 [fiscal year] will be used to ensure the dissemination and impl ementation of the five-year National Drug Control Master Plan 2019 to 2024 in collaboration wi th policyma kers, stakeholders and the community. Madam Chairman, the Department for N ational Drug Control is established in part as a service delivery unit but cannot provide all of the needed services required within the community. The department therefore depends greatly on purchasing services in the treatment and prevention areas to realise its mandate. It is anticipated that the total funding of $629,000, listed under Grants and Contributions on page C -17 of the Estimates Book, will be used for providi ng grants to CADA, the Bermuda Addiction Certification Board [BACB] , PRIDE, Focus and Salv ation Army (Harbour Light and Life Skills programmes). Madam Chairman, CADA and BACB provide essential activities required by legislation. CADA’s TIPS programme is m andated within section 39B of the Liquor Licence Act 1974 and addiction counsellor examinations and certification i s required for registr ation of addiction counsellors under the Allied Health Professionals Act 1973. As previously mentioned, PRIDE provides life skills programming within the pr imary school levels to support drug education and pr evention and the Salvation Army provides residential drug treatment and life skills training for adult males. The funding for Focus Counselling Services will assist in the provision of transitional or supportive housing for recovering males.
Capital Acquisitions
Sen. the Hon. Dr. Ernest PeetsRegarding Capital Acquisitions, this is schedule C on page C -11 in your Budget Estimates Book. Madam Chairman the Department for National Drug Control has been allotted $5,776 for the r eplacement of furniture. Madam Chairman, in closing, the Department for National Drug Control will continue to work collaboratively with …
Regarding Capital Acquisitions, this is schedule C on page C -11 in your Budget Estimates Book. Madam Chairman the Department for National Drug Control has been allotted $5,776 for the r eplacement of furniture. Madam Chairman, in closing, the Department for National Drug Control will continue to work collaboratively with other key Ministries such as Health, Ed ucation, as well as with various departments such as Corrections, Court Services, and the Bermuda Police [Service ], of course Customs, and international par tners, to ensure the implementation of a balanced approach to efforts made in achieving a healthier and drug free Ber muda. Madam Chairman, this completes the presentation on Head 88. I would like to take this time to si ncerely thank all the staff who have work ed in the D epartment for National Drug Control for their continued hard work and dedication to addressing the negative impact of drug misuse and abuse in our community.
ANNOUNCEMENT BY THE CHAIRMAN
SENATE VISITORS
The ChairmanChairmanThank you for that Head, Minister Peets. And while you are turning pages, I would just like to acknowledge the presence of Gina Hurst - Maybury, Acting Permanent Secretary, the Ministry of Legal Affairs and Constitutional Reform and Mr. Mel-vin Douglas, our Solicitor General who are both here with us …
Thank you for that Head, Minister Peets. And while you are turning pages, I would just like to acknowledge the presence of Gina Hurst - Maybury, Acting Permanent Secretary, the Ministry of Legal Affairs and Constitutional Reform and Mr. Mel-vin Douglas, our Solicitor General who are both here with us in the Chamber.
232 24 March 2022 Official Hansard Report B ermuda Senate [Committee of Supply, continuing]
The ChairmanChairmanI assume, Minister Peets, you are going to move on to the next Head, which is —
The ChairmanChairmanAre you doing Headquarters or the Attorney General’s? Okay , it is the Ministry of Legal Affairs and Constitutional Reform Headquarters.
The ChairmanChairmanOn page B -73. HEAD 87 —HEADQUARTERS
Sen. the Hon. Dr. Ernest PeetsThank you, Madam Chairman. The mission statement and department objectives for the Ministry of Legal Affairs and Constitutional Reform Headquarters begin on page B -73 of the Estimates Book. The mission statement is: To facilitate fair and equitable administration and access to justice by delivering effective legal services; and advancing …
Thank you, Madam Chairman. The mission statement and department objectives for the Ministry of Legal Affairs and Constitutional Reform Headquarters begin on page B -73 of the Estimates Book. The mission statement is: To facilitate fair and equitable administration and access to justice by delivering effective legal services; and advancing pol icies and legislation that preserve the rule of law and affirm social justice progress and constitutional r enewal. Regarding department objectives , Madam Chairman, the Ministry of Legal Affairs and Constitutional Reform Headquarters continues to expand upon its existing initiatives and will, in the upcoming fiscal year, embrace new initiatives with purposeful use of its budgetary allocation. The Ministry’s public officer s will continue to exercise creativity and vigilance in all aspects of real-ising its objectives and in delivering programmes and services that consistently add value to the lives of the individuals in the community. In manoeuvring through future uncertainties of the COVID -19 pandemic, every effort will be made to exert fiscal prudence and ac-countability for objectives and pro grammes. The objectives for the Ministry of Legal Affairs and Constitutional Reform Headquarters are: •to advance the Government’s policy initiatives under the direction of the Minister of Legal A ffair and Constitutional Reform; •to ensure Government’s legislative frameworkis updated and current with policy directives; •to effect synergies amongst Ministry depar tments to ensure that overall policy objectivesare met; and •to implement and monitor the targeted financial sanctions regime and to ensure Gover nment’s compliance with UN and UK obliga-tions and to mitigate any associated risks.The Ministry of Legal Affairs & Constitutional Reform boldly embrace the immense responsibilit ies to: •advance the Government’s policy and legisla-tive initiatives; •draft legisla tion; •uphold the constitutional rights of our citizens; •deliver legal and judicial services;provide policy in support of priorities; and •keep the laws of Bermuda under constant r eview.The Ministry’s budget priorities are construc ted to ensure effective execution of the mandates of its constituent programmes and to advance the impl ementation of the Government’s strategic direction within the allocated resources. Some of the programmes include, but are not limited to, protecting financial establishments f rom money laundering and terrorist financing. Our Ministry also provides critical programmes to counter these schemes. In conquering socioeconomic challenges, which pervade our society and have a direct impact upon the administration of justice, protection is affor ded to vulnerable witnesses in the criminal justice sy stem in addition to effective offender management r egimes. Legal aid assistance is also provided to those who meet the statutory means test to ensure that they have access to quality legal representation to adv ocate for their rights in court. Furthermore, resources under the Ministry provide education, treatment, prevention and awar eness to protect our youth and adults from the scour ges of addiction to illicit drugs and alcohol. Current Expenditure
Sen. the Hon. Dr. Ernest PeetsRegarding current expenditure, Madam Chairman, the Ministry’s current expenditure commences on page B -72 of the approved Estimates of Revenue and Expenditure for the year 2022/23. A budget ceiling of $32,717,000 is all ocated to the entire Ministry for 2022/23. Due to the fiscal constraints imposed largely by the ongoing …
Regarding current expenditure, Madam Chairman, the Ministry’s current expenditure commences on page B -72 of the approved Estimates of Revenue and Expenditure for the year 2022/23. A budget ceiling of $32,717,000 is all ocated to the entire Ministry for 2022/23. Due to the fiscal constraints imposed largely by the ongoing pa ndemic, this figure represents a $761,000, or a 2 per cent increase from the current 2021/22 fiscal year. It was necessary to undertake a comprehensive analysis of the Ministry’s expenditure before achieving this figure. A balance will be obtained be-tween optimising spending limits without overly compromising the efficient delivery of services and pr ogrammes. Specific allocations to the Ministry overall are as follows: •Ministry of Legal Affairs and Constitutional Reform Headquarters —$5,858,000; •Judicial Department —$8,919,000; •Attorney General’s Chambers —$5,556,000; •Department of Court Services —$4,711,000;
Bermuda Senate • Department of Public Prosecution — $3,362,000; and • Department of National Drug Control — $4,311,000.
Revenue
Sen. the Hon. Dr. Ernest PeetsRegarding revenue, Madam Chairman, I begin with a brief synopsis of the Ministry’s revenue stream as I expound on the overall budget. The only department under thi s Ministry’s portfolio whose mandate entails directly generating revenue is the Judicial Department. Accordingly, this revenue stream is projected to yield $4,564,000 during …
Regarding revenue, Madam Chairman, I begin with a brief synopsis of the Ministry’s revenue stream as I expound on the overall budget. The only department under thi s Ministry’s portfolio whose mandate entails directly generating revenue is the Judicial Department. Accordingly, this revenue stream is projected to yield $4,564,000 during the 2022/23 fiscal year. This amounts to $858,000 less than the original estimates for 2021/22. The shortfall is mainly projected to originate from the effects of the pandemic and ensuing COVID -19 r estrictions. We expect a decrease in traffic fines being collected, due to less vehicles on the road during the restrictions and with more persons working remotely. In addition, liquor licence fees will show a flat stream as many establishments commence reopening as we move out of the pandemic restrictions, which have dramatically slowed the licensing application process. Generally, adjournments over the last two years have now translated into a summit of backlog cases for most judicial and quasi -judicial bodies, which has an impact on revenue generating activity.
Current Expenditure
Sen. the Hon. Dr. Ernest PeetsCurrent expenditure chart. The original estimate for the previous fiscal year, $5,802 ,000. The estimate for the upcoming fi scal year, $5,858,000, an increase of 1 per cent or $56,000. Madam Chairman, the Ministry of Legal A ffairs and Constitutional Reform Headquarters is subdivided into six fiscally identifiable programmes r …
Current expenditure chart. The original estimate for the previous fiscal year, $5,802 ,000. The estimate for the upcoming fi scal year, $5,858,000, an increase of 1 per cent or $56,000. Madam Chairman, the Ministry of Legal A ffairs and Constitutional Reform Headquarters is subdivided into six fiscally identifiable programmes r eflected in the cost centres as follows: • 97000— Administration; • 97010—Financial Intelligence Agency ; • 97030—Legal Aid Office; • 97070—Justice Protection Programme; • 97080—Financial Sanctions Implementation Unit; and l astly • 97090— Mirrors Programme. I will proceed to address the programmes i ndividually, M adam Chairman, as follows.
Administration— 97000
Sen. the Hon. Dr. Ernest PeetsThe original est imate for the previous year $1,148,000. The estimate for the year ahead, $1,023,000. That is a decrease of $125,000 or 11 per cent. This programme provides for the administrative and personnel costs associated with Ministry Headquarters, for which $1,023,000 has been allocated. This represents a decrease as …
The original est imate for the previous year $1,148,000. The estimate for the year ahead, $1,023,000. That is a decrease of $125,000 or 11 per cent. This programme provides for the administrative and personnel costs associated with Ministry Headquarters, for which $1,023,000 has been allocated. This represents a decrease as I ind icated of 11 per cent . The decrease is mainly due to a reallocation of two pupil PIDs moved to another cost centre under the Ministry Headquarters. Funding in this vote will be used for salaries in the amount of $551,000; $394,000 is allocated for consultant costs; telephone expenses have been all ocated a cost of $49,000; and $12,000 is allocated for office supplies; and the remaining funds are allocated for food, hospitality, training, repair and maintenance in the amount of $17,000. Throughout the fiscal year 2021/22 to date, in addition to salaries, $37,000 was expended on tel ephone expenses. Out of the consultancy vote, collectively, $100,000 was spent on legal fees , a consultant to undertake the administrative functions for the Cri minal Injur ies Compensation Board and to support the Liquor Licensing Authority and for the payment of pr ofessional indemnity insurance for the Legal Aid Office; $10,000 was allocated for the office supplies. Also included in the Administration cost centre, are salaries and related costs for five Ministry Headquarters staff. These are: an executive assistant; an administrative assistant who provides administr ative support to the Minister and Permanent Secretary; there is a policy analyst who drafts policy papers through to the legislative process and assists with strategy; there is a Ministry controller who administers the Ministry’s entire budget; and a law reform , policy and strategy counsel, which is a new post, converted and transferred from another Ministry post that will provide directorship for the Law Reform Commission and also provide strategy and policy support. Madam Chairman, during the fiscal year 2021/22 the Ministry was very productive, despite the challenges posed throughout the entire community. I will highlight some of the accomplishments as there were numerous policy papers drafted in support of, but not limited to, the following initiatives. The Pupillage Programme, Madam Chairman, continued to operate under the tutelage of highly experienced “Pupil Masters” —a term ripe for law reform. This immediate po st cohort of pupils underwent a wide ranging and arduous vocational training in legal practice, described as invigorating, extensive and d iverse. They truly demonstrated competence and ad ded value to public service, working alongside gover nment lawyers and senior officials, gaining invaluable awareness into the inner workings of government business. All three of the pupils from last year’s Pupi llage Programme successfully completed their training and were admitted to the Bermuda Bar. Madam Chairman, we are encouraged that each of these three female pupils found employment immediately after completing the programme. Two joined the public service, and the other took up work within the private Bar. Our commitment to our young aspiring barristers is genuinely paying dividends. 234 24 March 2022 Official Hansard Report
Bermuda Senate The first phase of the amendments to the Matrimonial Causes Act 1974, Madam Chairman, was unreservedly approved by both Houses of Parliament. This Bill ushers in the raft of reforms aimed to modernise mat rimonial law in Bermuda. The amendments proposed in this Bill are directed to statutorily aid in the reduction of conflict between persons applying to the court for divorce, nullity of marriage, or judicial separation by reframing the prescribed procedures and formalities affecting most of the contentious parts of the court process. In essence, there will be less contentious and acrimonious proceedings under the new scheme. This will go a long way in preserving amicable outcomes for families facing marriage breakdown and divorce. The legal process will no longer be a process in amplifying or adding to the conflict between the parties in the ways that we know that the existing court process may cause. Madam Chairman, the amendment to the Criminal Code Act 1907 was passed in December to extend sections 33A, 70JA and 70JB of the Act that prohibited the gathering for unlawful gang activity. The aim is to preserve a vital legislative tool, per these sections of the Code, to mitigate the risk of serious and violent crime resulting from unlawful gang activity. The current Order is [valid] until December 2022 and we aim to address this further in the new fiscal period. Madam Chairman, our hospitality industry, one of the pillars of our economy, was particularly hard hit by the pandemic. One of the mainstays of that sector, as well as restaurants, i s the serving of alc ohol. Therefore, legislation was passed in May 2021 via amendments to the Liquor Licence Act to provide r elief to licensed establishments. This was a testament of this Government’s efforts to also bolster the establishments through temporary fee reduction for l icensed premises. In addition, M adam Chairman, support has been endorsed by the Government as preparation is being made for Bermuda to undergo a re view to e nsure its compliance to the anti-corruption activities. Section 22 of the Bribery Act 2016 establishes a N ational Anti -Corruption and Bribery Committee (NACBC) , which is chaired by the Commissioner of Police. This NACBC has met and a sub- committee was formed to gather information in anticipation of the implementation review mechanism (IRM) related to anti-money laundering as agencies are engaged in detecting, investigating, and prosecuting corruption matters. The review [requires] states to undergo a peer review process that assists states to effectively implement the convention. The review is a nonadversarial and non- punitive measure, without any form of ranking, and is in accordance with the terms of reference. Each state party is reviewed by two peers from another approved jurisdiction and the review will occur in two phases. Bermuda’s review will occur in July 2022. Madam Chairman, the Cannabis Licensing Bill 2021 was passed in the House of Assembly and thereafter defeated in the Senate. The Bil l outlined the framework for regulated cannabis reform. Forging ahead, the work continues for tho se measures to be fully implemented and operationalised with the requisite oversight to ensure the enhanced results that are promised in the policy and program me structure. The Ministry recognises the scope that this reform can bring and will further advance this initiative, in no means being deterred. Madam Chairman, the Criminal Injuries Compensation Board (CIBC) has the mandate of providing financial reprieve to victims of violent crime and their families. Historic challenges with the administration of the CICB scheme, formerly under the courts, remain a work in progress and has, thus far, demonstrated more positive outcomes. The Board has been revitalised and will ensure that awards will be fair and just in keeping with the original intent of the Act. The Board has been provided with administrative support with the goal to increase the efficiency of operations without compromising the quality of decisions. For this year $371,000 has been spent. Unfortunately, there is no increase in the fees for the upcoming year and expl oration of revisions to the scheme will be undertaken. Madam Chairman, the Expungement of Convictions Act 2020 allows for the expungement of c onvictions for the possession of small amounts of cannabis. The online application tool was launched for applicants to begin the process of successfully making an application for an expungement order and that r emains a work in progress. The aim is to erase historic criminal conviction records for the offence of simple possession of cannabis of 7 grams or less for offences committed before December 20, 2017. The regime has encountered a glitch inasmuch as the qual ification of the exact amount of drug is not readily accessible, as many historical records did not capture this data due to the lack of technology in years past. This has led to hard files having to be searched in the archives of the courts and the Berm uda Police Service. Some files are contaminated and, as this was not the focal point in years gone by, some records did not actually specify the quantity of the drug. This is being worked on. To date, two expungement orders have been issued by the Minister and we are seeking remed y as it relates to other applications so that a response can be provided to the applicants as soon as possible . Some applicants outright did not meet the criteria based on the quantity of drug having been more than 7 grams. Madam Chairman, we have experienced mixed responses c oncerning the notification process for the release of information related to sex offenders. In the past year two public notifications for sex offenders have been issued. Notwithstanding, in all cases, notification is given to the victim or their family pri or to the offender’s release from incarceration.
Bermuda Senate There are more positive responses, especially from the charitable organisations, as the only negative comments are from those who do not fully understand the process and parameters of the regime and believe that they should have information outside of the remit of the structure of the regime. In essence, they want to take matters into their own hands. We want to make sure that the public gains a further and greater understanding. Madam Chairman, in keeping with the Go vernment’s pledge, the Criminal Code Amendment (Non- Consensual Sharing of Intimate Images) Act 2021, commonly referred to as “ revenge porn,” was implemented. This closed the legislative gap that currently existed under the Code— the Telecommunic ations Act 1986 and the Electronic Communications Act 2011 —pertaining to online sharing of sexual images. This phenomenon is the distribution of or the threat to distribute intimate images of a person without the person’s consent, which is a form of technol ogyfacilitated abuse. This deters persons from engaging in revenge porn and online assault by providing a strong focus on education and prevention. This protects persons from revenge porn and online assaults and also sends a message to the public that this sort of behaviour will not be tolerated within our community. Therefore, the intimate image or video is removed from any site posted online by order of the court if the image or vi deo is not taken down voluntarily. Overall, this regime strengthens Bermuda’s measures with respect to I nternet misuse. This protects victims of such acts and sends a clear message that such acts cannot and will not be tolerated. As shared, these initiatives are but a snapshot of some of the accomplishments this past fiscal y ear. Madam Chairman, during the upcoming 2022/23 fiscal year, the Ministry of Legal Affairs and Constitutional Reform Headquarters will be just as dynamic and will undertake several initiatives and continue with some already in train. Madam Chairman, despite not having an expanded budgetary allocation for 2022/23 , the Ministry Headquarters will continue to work towards advancing a framework for the establishment of an office of the public guardian. This office will promote, for all cit izens, the legal po wer to choose someone trusted to make decisions in their best interest should they lack mental capacity and protect those best interests wit hout reservation. Resourcing this initiative will likely entail prospects of reassignment of public officers, consul tancy contracts, and cross -ministry resource sharing. Despite the challenge of no funding, the framework will be produced for implementation and further consideration of long- term needs. In addition, policy development for other initi atives for 2022/23 as priorities include new initiatives, such as the c ourt fee revision via the Judicial Depar tment . This is highlighted in the Judicial Department’s budget brief. We note that there has not been an i ncrease in court fees for decades and we will closely align revisions with other jurisdictions. Constitution Reform Advancement. The Government of Bermuda recognises that, as a nation, we are proud of our time- honoured parliamentary history, enjoying internal self -government and 53 years of constitutional democrac y. By all means, we are an advanced society with political institutions, domestic laws, and policies which are world class. Revisiting constitutional reform is a matter of self -determination, autonomy, and de- colonisation. By international law and standards, Bermuda is listed as a non- selfgoverning territory by the United Nations Special Committee on De- Colonisation. Bermuda remains on the list of 17 territories that are non- self-governing territories . Constitutional reform sits at the apex of society’s co llective advancement, coalescing around a strong palatable national identity. It is time for a new generation of Bermudians to have an active say in a constitutional reform process that is relevant to their needs and beyond, input largely denied past gener ations because of historic exclusion and disparities in the political representation and voting rights. This generation will be emboldened to re- cast society and the Constitution in the image of their Bermuda of t oday and tomorrow. The Ministry will implem ent an advisory or steering group to make recommendations to progress constitutional reform to support the diplomatic steps necessary to negotiate with the UK a more fit for purpose constitutional model for Bermuda. In addition, we will embrace mortgage reform, domestic violence programmes and reform, and access to justice . Madam Chairman, the Ministry will advance the necessary foundational steps towards the establishment and implementation of a regulated cannabis regime for Bermuda. These reforms will off er protections, education, and services to protect our youth and vulnerable populations beyond what is available in an unregulated cannabis milieu . Our Ministry’s leadership on cannabis reform s will ensure that the realised licensing structure for a regulated, medicinal, and responsible adult us es of cannabis is fit for purpose, effectively regulated, and implemented with equitable economic benefit and s ocial justice considerations. Significant steps have been taken to move us away from absolute cannabis criminalisation, Madam Chairman, which has neg atively impacted our males, in particular. Science has since discovered that there are numerous medical benefits to be derived from using this substance under professional supervision. Additionally, Bermuda, like many societies around the world, came to the realis ation that unqualified criminalisation of this inescapable natural product was having more damaging cons equences. We now aim to regulate its use in beneficial 236 24 March 2022 Official Hansard Report
Bermuda Senate ways and not needlessly criminalising recreat ional users. Madam Chairman, these new cannabis r eforms will not undo the dedicated work by members of the community vigorously battling on the frontlines to reduce the harmful effects of illegal drugs on individuals and families for decades. Rather, this gives us a unique opportunity to work together, using new and existing tools to guide public awareness and respo nsible use and abstinence of cannabis in the same manner as we do for alcohol. Madam Chairman, we embrace change in these challenging times by r ecalibrating historic approaches to explore transformational options to better regulate our programmes and our outcomes. Madam Chairman, cannabis law reforms are occurring universally as prohibition alone simply does not work. We have listened to comments from the community related to their concerns in various consultative forums and these will further inform efforts moving forward. Public and stakeholder comments have not fallen on deaf ears, but have helped inform the ensuing law, policy and strategies, as well as lay the groundwork for future initiatives. Madam Chairman, the convictions for small amounts of cannabis has plagued many local res idents for years and has impeded employment, educ ational and travel endeavours. Moving from limited decriminalisati on of cannabis to ending over - criminalisation and laying the framework for a regulated cannabis industry continues apace, despite past hurdles . The Ministry’s scope of cannabis reform, as aligned with the Ministry’s mandates of drug prevention and law reform, continues to evolve as the pr ogress to effective implementation of a regulated cannabis licensing framework for Bermuda takes shape. Thus, work will continue in this upcoming budget year towards a regulated cannabis industry. This will be achieved by allocating resources and continuing cross- government collaboration to realign the delivery of social, health, educational and treatment services tackling the prevention and treatment of substance abuse associated with cannabis and drugs broadly. Madam Chair man, the Ministry’s Pupillage Programme will continue with the allotment of $235,000 for three pupils. This builds on the success of previous cohorts, offering vocational training opportunities for aspiring barristers and attorneys to be admitted to the Bermuda Bar. Recruitment will commence so that the newest cohort will commence in late summer. Madam Chairman, the amount of $150,000 has been dispensed for the salary of the l aw reform, policy and strategy counsel. This individual will be r esponsible for the directorship of the Law Reform Commission and to advise the Ministry on law reform policy and strategy as we continue the work of revie wing the existing cannon of law, to transform, modify and modernise our laws. This work is never -ending, but will allow us to keep apace with modernising r eforms across the Commonwealth so that Bermuda retains its superb jurisdictional reputation and that the laws which govern us remain relevant, meeting the expectation of the people of Bermuda. Madam Chairman, the Public Access to I nformation Act 2010 (PATI Act) has been in operation since 2015. The PATI regime fortifies the Gover nment’s collective commitment to transparency and openness to the greatest extent possible under the law. Notwithstanding, there’s a need for greater legi slative clarity and enhanced protections against the abuse of process and other operational deficiencies. Cautiously, we aim to ensure that legal uncertainty does not undermine the lawful protections against di sclosure of certain records intended by the Legislature to be excluded from the operations of the PATI Act. These and other housekeeping amendments to the PATI Act, alongside cost -saving practical modific ations to how public authorities execute their PATI obl igations will be advanced in the new fiscal year. Amendments will model structures found in the UK and Ireland. Madam Chairman, no new funds have been allocated in this regard. This is an example where Ministry Headquarters will be creative in advanc ing this initiative within its existing complement of r esources, sharing cross -ministry resources as effectiv ely and efficiently as possible, to realise the intended outcome. Madam Chairman, as promised in the Legisl ature, the Ministry will progress the next phase (Phase II) of the amendments t o the Matrimonial Causes Act 1974. These amendments will be delivered utilising existing resources from our current expenditure allotment . This initiative will enhance deliverables that make divorce and separation less acrimonious, ther eby enhancing the we ll-being of the family unit. The proceedings substantially reduce the possibility of one of the parties contesting the divorce which often led to contentious, partisan features of the proceedings as previously stated. This often demonstrated an inability to look at matters objectively in the interests of all parties, especially the children. Therefore, an already stressful time in their lives, about past events will be monitored.
Legal Aid Office– 97030
Sen. the Hon. Dr. Ernest PeetsRegarding Legal Ai d Office which is business unit 97030. Current expenditure—the original estimate for the previous fiscal year, $1,680,000. The estimate for the year ahead, an increase of [$145,000] or 9 per cent to the amount of $1,825,000. Madam Chairman, the Legal Aid Office's purpose is to ensure that …
Regarding Legal Ai d Office which is business unit 97030. Current expenditure—the original estimate for the previous fiscal year, $1,680,000. The estimate for the year ahead, an increase of [$145,000] or 9 per cent to the amount of $1,825,000. Madam Chairman, the Legal Aid Office's purpose is to ensure that the legal advice and representation is readily available to those who need it most,
Bermuda Senate and who, because of limited financial means, would otherwise be unable to secure access to justice. Furthermore, the Office’s mission st atement is: To provide high quality legal representation to those who qualify for assistance under the Legal Aid Act 1980. The office fulfils this role by providing clients who qualify for the scheme with quality professional legal services in a timely and efficient manner. Madam Chairman, the Legal Aid Scheme is administered by the Legal Aid Committee under the authority of the Legal Aid Act 1980. For the 2022/23 budget allocation an allocation of $1,825,000, or as indicated before a 9 per cent increase of $145,000 from the original estimate. The increase in the budgetary needs is primarily attributable to salaries adjus ted for the uplift for the 10 per cent salary cut which existed in the previous financial year. In addition, there was a slight decrease in Legal Services, as we expect a decrease in legal fees paid to outside cou nsel, with the hiring of a full complement of permanent in-house counsel in 2022. Of the 2022/23 allocation, $987,000, or 54 per cent, represents salaries for the administrative and managerial staff; $600,000, or 33 per cent, represents costs allocated for legal services. The remaining 13 per cent, or $238,000, represents administrative expenses, inclusive of committee fees and the mandatory professional indemnity insurance and cost of the annual Bermuda Bar Association fees for the complement of in- house counsel. For the current fiscal year to date, in addition to salaries, expenses incurred are the legal fees in the amount of $498,000; telephone expenses of $3,500; and $116,000 was s pent on temporary relief assignments engaged to perform Legal Aid Counsel duties until all of the Legal Aid Counsel posts are filled. [There was] $6,700 spent on board and committee fees; $83,000 was apportioned for electricity and rent; $9,300 for cleanin g; $19,000 was set aside for office supplies, printing, books and professional law period icals. Madam Chairman, the Legal Aid Office has focused primarily on increased operational control over client litigation and administrative efficiencies. The reduction of expenditure has been a primary o bjective, but not at the expense of a reduction in the quality of legal services being delivered. The largest area of expenditure, with the exception of salaries, remains legal fees, which is in keeping with historical trends. The office was able to contain its spending within its budget allocation for the year 2021/22. This was achieved through prudent case management, coupled with the cost reduction targets and budget control initiatives outlined in the previous budget . The transition to the reformed in- house Legal Aid model, as commenced in June 2018, has pr ogressed significantly. Recruitment setbacks were experienced last year as a result of the successful can-didate for the Junior Legal Aid Counsel post declining the offer, and the departure of one Legal Aid Counsel in September 2021. However, these recruitment and retention challenges were somewhat offset by the a ppointment of a second permanent Legal Aid Counsel in June 2021. Recruitment for the vacant counsel posts , and that of paralegal, is well in train and expected to be complete by May of this year. Although a full perm anent staff complement is not yet in place, fees paid for external legal services from 1 January to 31 Decem-ber 2021 was in the sum of $741,000. This figure is also reflective of the decreased number of cases that progressed throughout the courts as a result of COVID -19 restrictions and, of course, adjournments to cases before the courts. It is anticipated however, that costs will continue to trend downward in tandem with full staffing and effective operation of [the] reformed in-house counsel model. Madam Chairman, regarding Legal Services, between 1 April and 31 December 2021, the Legal Aid Office managed a combined total of 196 matters: 49 matrim onial and domestic matters; 43 civil matters; and 104 criminal matters. The Legal Aid Office continues to maintain a general roster of counsel from private practice, who provide legal services to persons granted Legal Aid Certificates as determined by the Legal Aid Commi ttee, for example. This is necessary in instances where there may be a perceived conflict of interest in respect of Legal Aid Counsel in a particular case. The Legal Aid Office maintains its 24- hour D uty Counsel roster of lawyers to assist persons who have been detained by the police, and for those who have to appear in Plea Court without legal represent ation. Legal Aid services were enhanced with the benefits of a pilot collaborative scheme between the criminal justice system and the Mid- Atlantic Wellness Institute, which commenced in March 2021. This pilot assisted Duty Counsel and the courts as the trained Liaison and Diversion Officer delivers mental health support including advice, screenings, assessment and treatment to their clients who have been detained by the police. This pilot offered pathways of diversion to the individuals with mental health challenges, which was less adversarial, targeted and less time consuming. Legal Aid Counsel and Duty Counsel also continue to be a major cont ributor to the functioning of the Specialist Court programmes, such as Drug Treatment Court, Mental Health Treatment Court and Juvenile Plea Court, providing defence counsel and advocacy for clients of these courts. This will be mai ntained going forward.
The ChairmanChairmanMinister Peets, may I interrupt for a minute? 238 24 March 2022 Official Hansard Report Bermuda Senate Just to give you a time check, we have roug hly half an hour left of the debate, and you still have another Head, that is the Attorney General’s Chambers. How do you …
Minister Peets, may I interrupt for a minute? 238 24 March 2022 Official Hansard Report
Bermuda Senate Just to give you a time check, we have roug hly half an hour left of the debate, and you still have another Head, that is the Attorney General’s Chambers. How do you wish to proceed?
Sen. the Ho n. Dr. Ernest Peets: Thank you so much, Madam Chairman. Actually, I needed a little break to get a glass of water.
The ChairmanChairmanI will give you a little break.
Sen. the Hon. Dr. Ernest PeetsYes, the brief is very, very comprehensive and we are certa inly glad that the information is available to us to disseminate.
The ChairmanChairmanJust for the listening audience, we are in Committee of the whole for further consideration of the Appropriation Act 2022 together with the Est imates of Revenue of Expenditur e for the year 2022/23. The Ministry under consideration is Legal Affairs and Constitutional Reform. The heads pr esented so far …
Just for the listening audience, we are in Committee of the whole for further consideration of the Appropriation Act 2022 together with the Est imates of Revenue of Expenditur e for the year 2022/23. The Ministry under consideration is Legal Affairs and Constitutional Reform. The heads pr esented so far are National Drug Control, Head 88 and Minister Peets is in the midst of presenting information for Head 87 which is the Ministr y of Legal Affairs and Constitutional Reform Headquarters. There is one more head and that is Head 4, the Attorney General’s Chambers. So, I am going to come back to you, Minister Peets.
Sen. the Hon. Dr. Ernest PeetsWhat I can do, Madam Chairman, is just provide a brief overview gi ven the time that is remaining and that will be Justice Protections, Financial Sanctions, Mirrors Programme, Financial Intelligence —may I proceed?
The ChairmanChairmanThank you for your consideration. Yes, you may proceed. Justice Protection Programme
Sen. the Hon. Dr. Ernest PeetsJustice Protection Programme, that will be head 97070. The original estimate for the previous year, $325,000. The estimate for the year going forward —no change, $325,000. Madam Chairman, the Justice Protection Pr ogramme has been allocated a budget disbursement of $325,000 for fiscal year coming ahead which repr esents the …
Justice Protection Programme, that will be head 97070. The original estimate for the previous year, $325,000. The estimate for the year going forward —no change, $325,000. Madam Chairman, the Justice Protection Pr ogramme has been allocated a budget disbursement of $325,000 for fiscal year coming ahead which repr esents the same allocation as last year. For the current fiscal year, expenses to date [ are] $275,000. The Justice Protection Programme, Madam Chairman, is operated pursuant to the Justice Protection Act 2010. It provides protection for the critical prosecution witnesses who meet the legislative r equirements for entry into said programme. Madam Chairman, over the past fiscal year, an additional seven individuals have been serviced with protections, and relocation as necessary. These individuals are afforded protection whilst they provide evidence in high profile or high- risk cases before the courts. During the last year the programme also assisted the Cayman Islands with providing protection to one of their witnesses. In the 11 years since the programme has been in existence, there have been 34 participants which represented 52 people who were protected in total. The programme commenced 11 years ago, and since that time, there have been 34 participants. We note that on occasion, the participants’ spouse, chi ldren or partner was also assisted to promote family reunification . This contributed to the total number of 52 individuals just recently mentioned. The average duration of enrolment in the programme for protection, or assistance is three years. Madam Chairman, I am going to skip over to Financial Sanctions and Implementation.
Financial Sanctions Implementation Unit Cost Centre 97080
Sen. the Hon. Dr. Ernest PeetsThe original est imate for the previous year was $327,000. The est imate for the year ahead [is] $338,000, a small i ncrease of $11,000, or 3 per cent. The Financial Sanctions Implementation Unit (FSIU) is vital to ensuring that Bermuda maintains its reputability as a cooperative jurisdiction in the …
The original est imate for the previous year was $327,000. The est imate for the year ahead [is] $338,000, a small i ncrease of $11,000, or 3 per cent. The Financial Sanctions Implementation Unit (FSIU) is vital to ensuring that Bermuda maintains its reputability as a cooperative jurisdiction in the international effort s to impose financial sanctions on rogue states and other ill -intentioned individuals, where warranted. For 2022/23, the FSIU’s budget allocation is $338,000. This is a 3 per cent, or $11,000 increase over the previous budget year. The increase in the budgetary needs is primarily attributable to salaries adjusted for the uplift in respect to the 10 per cent salary cut from the previous year. Further, 98 per cent of the funding allocated will be attributed to salaries, with the remaining 2 per cent to overhead costs for the unit. During the current year, salaries accounted for all the unit’s expenses, totalling $251,096 to date. The FSIU oversees the implementation and monitoring of targeted financial sanctions in Bermuda, and advises the Minister of Legal Affairs and Constit utional Reform on wider matters relating to anti -money laundering, and counter ing the financing of terrorism and its proliferation. Madam Chairman, under the international framework as implemented into Bermuda law Her E xcellency the Governor is the competent authority in Bermuda, making her ultimately responsible for the implementat ion of targeted financial sanctions. Her Excellency’s powers are set out in the various OverBermuda Senate seas Territories Orders that are in force in Bermuda pursuant to the International Sanctions Act 2003 and the International Sanctions Regulations 2013. Since Septe mber 2018, the Minister of Legal Affairs and Constitutional Reform has had delegated responsibility to perform certain functions related to the implementation of financial sanctions pursuant to the International Sanctions (Delegation of Governor’s Powers) Notice 2018. Madam Chairman, I am going to move quickly to the Mirrors Programme.
Mirrors Programme—Business Unit 97090
Sen. the Hon. Dr. Ernest PeetsThe original est imate for the previous year is $698,000. The estimate for the year ahead, an increase of $24,000, or 3 per cent to a total of $722,000. The budget allocated to the Mirrors Pr ogramme for 2022/23 as indicated is $722,000, a $24,000 increase over last year’s budget. …
The original est imate for the previous year is $698,000. The estimate for the year ahead, an increase of $24,000, or 3 per cent to a total of $722,000. The budget allocated to the Mirrors Pr ogramme for 2022/23 as indicated is $722,000, a $24,000 increase over last year’s budget. We recognise that behaviour and mental health are foremost in the minds of parents and educators this year. Consequently, Mirrors focused its efforts on socio- emotional skills development; building students’ relationships with peers and adults; empowering youth to feel a sense of belonging; building leadership skills; and youth i nfluencer trainings to support student well -being. In this current environment, we also recognise that there may be uncompleted learning for some students, and notwithstanding that, there are some positives that have occurred which must be celebrated. Students are recognising personal growth in technology skills, personal skills, social skills and as well as their relationships. These areas will help the youth adjust to a rapidly changing learning environment as they prepare for tomorrow’s workforce. Madam Chairman, Mirrors’ flexibility in shifting to address the presenting needs of its client base is one of its programme strengths. The programme continues to produce results in the short, medium and long term to make better learners, and to build a resi lient community of young adults with positive life outcomes in education, employment and, of course, lawfulness. The two- year post programming data of the core senior school population remains pretty consistent with a slight increase of 93 per cent of clients demonstrating lawfulness ( that is, not offending or reoffending), a slight increase, or 82 per cent of st udents connected to education ( that is, graduating or currently in school) and a slight decline in employment (40 per cent) of students currently employed at the last checkpoint in December 2021. Madam Chairman, I am going to move to F inancial Intelligence.
Financial Intelligence
Sen. the Hon. Dr. Ernest PeetsThe Budget alloc ation for grants for the fiscal year 2022/23 is found on page C -17 of the Approved Estimates of Revenue and Expenditure for the fiscal year 2022/23 Budget Book. We highlight, $1,625,000 has been allocated. This represents a $1,000 increase from the allocated amount from last year. …
The Budget alloc ation for grants for the fiscal year 2022/23 is found on page C -17 of the Approved Estimates of Revenue and Expenditure for the fiscal year 2022/23 Budget Book. We highlight, $1,625,000 has been allocated. This represents a $1,000 increase from the allocated amount from last year. The Financial Intelligence Agency (FIA) —the original estimate was $1,624,000. As indicated, the current estimate for the upcoming year, increase of $1,000 to $1,625,000. In continuation of the Gover nment's efforts to combat money laundering and terrorist financing, the Financial Intelligence Agency was established under the Financial Intelligence Agency Act 2007. The Financial Intelligence Agency is the independent agency authorised to receive, gather, store, analyse and disseminate information relating to suspected money laundering and financing of ter rorism, which is received in the form of a suspicious ac-tivity report or suspicious transactions report. The F inancial Intelligence Agency is empowered to dissem inate such information to the Bermuda Police Service and to Foreign Intelligence Authorities. [Madam Chairman,] $1,625,000 was allocated for the year ahead. The statutory mandate of this Financial Intelligence Agency dictates that the agency must report its quarterly expenditure and provide an annual audited report to the Minister of Legal Affairs and Constitutional Reform. It is anticipated, Madam Chairman, that despite the limited resources outlined, this agency will continue its plight to counter terrorist financing, money laundering, and proliferation financing to provide outcomes that guard the public interests. Madam Chairman, as COVID -19 continues to impact Bermuda, the Financial Intelligence Agency has been adept and in 2021/22 were not only unduly impacted, for the most part they followed the gover nment’s health regulations and internal polic ies and procedures. This has afforded the FIA staff to work remotely in secured environments or staggered office times when the need arose, but operations never stopped. The FIA continues to provide regular deep cleanings of its office by professional clea ning companies to meet the required health protocols and standards. Madam Chairman, there is still Head 4, that is on our list for —
The ChairmanChairmanYes, the Attorney General’s Chambers.
The ChairmanChairmanAnd we have roughly 15 minutes left in the two- hour debate. 240 24 March 2022 Official Hansard Report Bermuda Senate Sen. the Hon. Dr. Ernest Peets: Let us see—how about debt collection— ANNOUNCEMENT BY THE CHAIRMAN SENATE VISITOR
The ChairmanChairmanWhile you are turning pages , I would just like to welcome to the Chamber Ms. Onika Mendes, who is the Ministry Controller. You are we lcome. [Committee of Supply, continuing] HEAD 4 —ATTORNEY GENERAL’S CHAMBERS
Sen. the Hon. Dr. Ernest PeetsThank you, Madam Chairman. I will cover expenditure, which will be a dministration and debt collection. The original estimates for the previous year were $5,437,000. The estimate for the year going ahead is $5,556,000, an increase of 2 per cent or $119,000. Madam Chairman, the Attorney General' s Chambers objectives …
Thank you, Madam Chairman. I will cover expenditure, which will be a dministration and debt collection. The original estimates for the previous year were $5,437,000. The estimate for the year going ahead is $5,556,000, an increase of 2 per cent or $119,000. Madam Chairman, the Attorney General' s Chambers objectives are: 1) to provide quality legal services to the Government of Bermuda; 2) to advise all government ministries, depar tments, and entities on the law applicable to their operational requirements; 3) to draft legislation as required to implement the Government's legislative agenda, to mai ntain Bermuda's legislative database, and to support law reform; 4) additionally, to draft contracts, international instruments for mutual tax information exchange, conveyances and other documents required for the public purpose and to provide advice on Private Bills; and last 5) to conduct litigation in the civil courts of Bermuda on behalf of the Government of Berm uda. Madam Chairman, the Attorney General's Chambers is functionally divided into six programmes accounte d for as follows —and I will cover administr ation and debt collection: The original estimate for 2021/22— $422,000. The estimate for the year ahead, a slight decrease of $1,000 to $421,000. Administration provides administrative support to the Attorney General, the Solicitor General and Crown Counsel. This cost centre provides salaries for an office manager, a consumer service represent ative, a records management administrator, and an accounts officer. It also supports the purchasing of office supplies that are common to all sections of the department. The modest year -over-year decrease is due to an increase in salaries due to the 10 per cent uplift adjustment net of the elimination of the funding for books, periodicals and subscriptions under this same cost centre. In addition to the salaries provided for in this cost centre, it also provides $49,000 for repair and cleaning services; $25,000 for office supplies; $20,000 for telephone expenses ; $13,000 on drinking water and $31,000 for repair and maintenance of the office equipment. In the budget year for 2021/22 this cost centre provided for and spent $42,000 on repair and cleaning services; $22,000 on office supplies; $5,300 on drinking water and $16,000 on telephone services. No money was spent on books, or periodicals and subscriptions during that fiscal year. I will skip over advisory, Madam Chairman.
Debt Collection— 14050
Sen. the Hon. Dr. Ernest PeetsThe original est imate for 2021/22 was $387, 316, a decrease of $[$71,000], a decrease of 18 per cent . Madam Chairman, the Debt Enforcement Unit within the Attorney General's Chambers was established by the Government to assist the Department of Social Insurance and the Office of the Tax Commi …
The original est imate for 2021/22 was $387, 316, a decrease of $[$71,000], a decrease of 18 per cent . Madam Chairman, the Debt Enforcement Unit within the Attorney General's Chambers was established by the Government to assist the Department of Social Insurance and the Office of the Tax Commi ssioner in the recovery of unpaid Social Insurance contributio ns, payroll tax, land tax and other taxes owed to the Government. The cost centre provides salaries for one crown counsel, one junior crown counsel, and an administrator. The decrease is due to the removal of funding for a temporary additional junior crow n counsel in this cost centre as the employee that was in this post has now moved to the substantive post of junior crown counsel.
Output Measures
Sen. the Hon. Dr. Ernest PeetsMadam Chairman, as I wrap up, the output measures during the 2021 calendar year, 51 Acts were enacted, 179 Statutory Instruments made, m ore than 60 pieces of legislation were COVID -19-related to make provision for health, quarantine and border control restrictions, temporary unemployment benefit, pension amendments, et cetera. I …
Madam Chairman, as I wrap up, the output measures during the 2021 calendar year, 51 Acts were enacted, 179 Statutory Instruments made, m ore than 60 pieces of legislation were COVID -19-related to make provision for health, quarantine and border control restrictions, temporary unemployment benefit, pension amendments, et cetera. I n addition to the annual budget legislation, there were a number of new and amending Acts to give effect to the Government's Legislative Agenda on topics including human rights, invasive species, so - called “revenge porn” offences, betting and gaming, and i mmigration. The Bermuda Laws website, which contains all of Bermuda’ s current laws and subordinate legisl ation, is updated in real time from within Chambers and we are continuing to make improvements to the site. Since November 2018, as a part of the e -Gazette project, Statutory Instruments (BRs) are now gazetted by publication on the website which clearly indicate the operational date. Updating the e-Gazette from within Chambers allowed the numerous COVID -19-related
Bermuda Senate emergency regulations to be published an d to take effect immediately. Over the past budget year, we have received nine Mutual Legal Assistance requests, which is an increase of four in the number of requests than in the previous year. It is believed that this increase is due to the reduced impac t of COVID -19 on the ability of i nternational agencies to process Mutual Legal Assi stance Requests. We believe that as work conditions improve in the forthcoming budget year there will be a steady increase in the number of requests that we receive. The Adv isory Section also act as attorneys for the Enforcement Authority under the Proceeds of Crime Act 1997. The Enforcement Authority is responsible for making applications to the Supreme Court for the forfeiture of the proceeds of unlawful conduct knows as ci vil recovery. Civil recovery pr oceedings are non- conviction- based proceedings. As such there is no requirement for a criminal conviction to be imposed before the funds are recovered by the Crown and placed in the confiscated assets fund. Over the past budget year, we completed one civil recovery confiscation proceeding which resulted in $314,950 being confiscated in regard to a drugrelated crime. We also completed two section 51 of the Proceeds of Crime Act 1997 cases in which $13,715 in cash being confis cated.
Staffing
Sen. the Hon. Dr. Ernest PeetsIn the drafting section of Chambers, there is a vacancy for a parliamentary counsel following the resignation in August 2021 of a senior drafter from Botswana, Mr. Brian Eaton who completed 15 years of ser vice in Chambers. We thank Mr. Eaton for his dedicated work and commi tment to …
In the drafting section of Chambers, there is a vacancy for a parliamentary counsel following the resignation in August 2021 of a senior drafter from Botswana, Mr. Brian Eaton who completed 15 years of ser vice in Chambers. We thank Mr. Eaton for his dedicated work and commi tment to Chambers and we wish him well in his e ndeavours. We will be seeking permission to convert that temporary additional post to an established post so that a Bermudian Assistant Parl iamentary Counsel can be promoted during this financial year. There are currently seven parliamentary counsel including the Chief , the Deputy Chief, two Assistant Parliamentary Counsel, and one of whom was appointed in December 2021 following successful completion of her pupillage within the Ministry. We congratulate her on her on her success. In addition to these dedicated lawyers who are responsible for draf ting all of the Government Bills and Statutory Instr uments, the section is fortunate to have an ex cellent administrative team comprising four persons, each of whom plays a vital role in the timely production, publ ication, and consolidation of legislation. I certainly want to thank, Madam Chairman, all the staff within the Ministry and the departments that come under this most important Ministry of the Government. We certainly thank the team that is here in Chambers today and all of the individuals who co n-tributed to this very, very comprehensive and robust brief. Thank you, Madam Chairman. The Chairm an: Thank you, Minister Peets. We have roughly seven minutes left of the debate and I am going to ask if there is any Senator who would wish to speak. Senator De Couto, please, you have the floor. Go ahead.
Sen. Dr. Douglas De CoutoThank you, Madam Chairman. Thank you for that fulsome brief. It is greatly appreciated. Thank you for the staff who have a ttended. I hope we are able to make good use of your time. Let me turn to Head 88, National Drug Control. Department objectives —research data on the …
Thank you, Madam Chairman. Thank you for that fulsome brief. It is greatly appreciated. Thank you for the staff who have a ttended. I hope we are able to make good use of your time. Let me turn to Head 88, National Drug Control. Department objectives —research data on the negative impact of cannabis misuse. Can you provide some statistics as to the rate of cannabis misuse in Bermuda? And you mentioned the research unit , 98050 for example, can you provide information that this research unit may have supplied with respect to the proposed legalisation of cannabis? And any data that indicates what they anticipate the impact of that will have on the prevalence of the misuse of cannabis in Bermuda. Page C-17, Grants —I notice the Salvation Army is reduced and Focus Counselling is greatly r educed— and I am looking back at 2019 and 2020 actuals in order to look back prior to the effects of COVID -19. Can you comment on that and can you . . . yes, comment on that, please? I turn now to Head 87, page B-73. Mission statement, social justi ce progress. Would you say that the elimination of same- sex marriage is consistent with that mission statement? Thank you. Constitutional renewal . Can you please advise how your work on the decolonisation —which I do not think I saw in the Throne Speech or the election pla tform—can you please advise how that will grow the economy and create economic opportunity for Berm udians? Page C-17, Grants . I saw the Centre Against Abuse budget was [reduced] to zero. I presume that has been moved to somewhere else, but can you advise on that? Referring to your general comments for Head 87, I noticed that the public guardian position was not funded. Can you advise when you expect that could be funded and where that is on your relative priorities? Going back to page B -73, department objectives, financial sanctions. Can you advise how we are handling the shipping registry with respect to the Bermuda Red Ensign and the alleged use of that Ensign on Russian oligarch yachts? Similarly, if I go to page B-75, and we talk about this 97080, the sanctions unit in terms of staff and whatever the equivalent line of that would be on 242 24 March 2022 Official Hansard Report
Bermuda Senate page B-73 for the budget given the situation in the Ukraine and Russia, do you believe more funding needs to be allocated there so that we can remai n properly compliant with the various issues? I am going to turn back to Head 88, page B98, and I am actually going to turn my attention to page B-101, the performance measures. I am struggling a little bit. Perhaps you can advise which meas-ure accurately assesses the level of cannabis misuse on the I sland, its impact and its increase or decrease? Is that a performance measure for this unit? And then my last question, is . . . I am going to go back to the Ministry Head 87, and it is a question about Mi rrors, and you know, that is a great pr ogramme. That is something that I can really get behind, and all of us can, and there are a large number of criteria here for its success and the performance measures. If you had to pick one metric to characterise the success of Mirrors, what would it be and can you tell us how that has, hopefully, increased over time? Because we think that is a great programme. Thank you for this brief opportunity to ask questions. I look forward to fulsome and detailed a nswers in t he interest of the people of Bermuda. Thank you.
The ChairmanChairmanThank you, Senator De Couto. Is there any other Senator who would wish to ask a question? I do not see any hands, so Minister Peets, we are coming back to you for the answers. Thank you.
Sen. the Hon. Dr. Ernest PeetsThank you, Senator, for your questions and thank you, Madam Chairman, for your guidance this morning for the debate. As it relates to questions particularly around research and data, we are certainly grateful for the extensive work that the DNDC and their research unit does all year regarding their surveys. …
Thank you, Senator, for your questions and thank you, Madam Chairman, for your guidance this morning for the debate. As it relates to questions particularly around research and data, we are certainly grateful for the extensive work that the DNDC and their research unit does all year regarding their surveys. So, I would certainly direct the Senator to the online version or the paper version of the BerDIN report for the current year to ascertain the information he is looking for in respect to cannabis or any other related question around the misuse of substances on- Island. In no particular order, Madam Chairman, r egarding the public office guardian, there are no new funds, and the framework will be further developed and implemented using reassigning contracts and r esource sharing to ensure that programme is running effectively and efficiently.
The ChairmanChairmanMinister Peets, Senators, we have really come to the end of the time allocated for this debate. So, we will have to w ind it up now. But I would ask for your consideration, Minister Peets, to supply any further responses in writing. Is that possible?
The ChairmanChairmanOkay, thank you, Minister Peets. Thank you, Senators, and thank you to the staff of the Ministry of Legal Affairs and Constitutional Reform for being here in suppor t today. It is now afternoon, but we appreciate your presence. I think we will pause just to catch our breath for …
The ChairmanChairman—before— oh, yes. I am sorry. We need to move these heads for this Mini stry. So, Minister Peets, would you like to move the heads, please?
The ChairmanChairmanIs there any objection to that motion? Senator De Couto, I see your hand.
Sen. Dr. Douglas De CoutoFor the record, Madam Chairman, I object because the people of Bermuda have not had the opportunity to have their questions — to have those areas of the budget fully investigated. Thank you.
The ChairmanChairmanI hear your objection. Is there any other Senator who wishes to object? Hearing none, I believe that this means we have approved those h eads. Thank you, Senators. [Motion carried: The Ministry of Legal Affairs and Constitutional Reform, Heads 87, 4 and 88 were ap-proved and stand part of …
The ChairmanChairmanI was about to say that we will take just a quick pause before we move on to the next Mi nistry and that will be the Ministry of National Security. [Pause]
The ChairmanChairmanSenator, just a minute. Bermuda Senate We are in Committee of the whole [Senate] for further consideration of the Appropriation Act 2 022 together with the Estimates of Revenue and Expend iture for the year 2022/23. The Ministry now under consideration is the Ministry of National Security. The heads for …
Senator, just a minute.
Bermuda Senate We are in Committee of the whole [Senate] for further consideration of the Appropriation Act 2 022 together with the Estimates of Revenue and Expend iture for the year 2022/23. The Ministry now under consideration is the Ministry of National Security. The heads for debate under this Ministry are the Ministry of National Security Headquarters, which i s Head 83; Defence, Head 6; Police, Head 7; Customs, Head 12; Department of Corrections, Head 25; Fire Services, Head 45. The number of hours allocated to these h eads is two hours. The Senator in charge is Senator Em ilygail Dill, Junior Minister for National Security and Transport. We will be starting at 12:15 and therefore we should finish at 2:15. I am not sure what is going to happen with the lunch break, but we will continue right now. Senator Dill, how do you wish to proceed?
Sen. Rev. Dr. Emilygai l A. DillMadam Chairman, I move that the Committee do now take under consi deration Head 83— Ministry of National Security Headquarters ; Head 6—Defence; Head 7 —Police; Head 12—Customs; Head 25— Department of Corrections and Head 45 —Fire Services. The Chai rman: Thank you, Senator Dill. Please pr oceed. MINISTRY OF …
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, and Senators , I am pleased to present the current accounts estimate for the Ministry of National Security Headquarters, Head 83, which can be found on pages B-263 to B -265 of the Estimates of Revenue and E xpenditure Book. Madam Chairman, I will briefly discuss the Ministry …
Madam Chairman, and Senators , I am pleased to present the current accounts estimate for the Ministry of National Security Headquarters, Head 83, which can be found on pages B-263 to B -265 of the Estimates of Revenue and E xpenditure Book. Madam Chairman, I will briefly discuss the Ministry as a whole followed by the information for Head 83, the Ministry Headquarters, and then in detail for each of the heads under the Ministry, namely: Head 6—Defence; Head 7 —Police; Head 12— Customs; Head 25—Department of Corrections; and Head 45—Fire Services. Madam Chairman, two hours have been allotted for this Ministry and I trust this will be sufficient time f or the Opposition to ask any questions or seek clarification on the financial year 2022/23 Estimates of Revenue and Expenditure.
Mission
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the mission of the Ministry of National Security Headquarters is Wor king together to keep you safe. Madam Chairman, the mission statements, programmes and budgets within the Ministry are aligned with this overriding mission. Madam Chairman, I will briefly set out some of the priorities of the Ministry …
Madam Chairman, the mission of the Ministry of National Security Headquarters is Wor king together to keep you safe. Madam Chairman, the mission statements, programmes and budgets within the Ministry are aligned with this overriding mission. Madam Chairman, I will briefly set out some of the priorities of the Ministry for the next financi al year which includes a number of policy initiatives that the Minister will be delivering on. • A Police Authority to facilitate an open and collaborative forum to support the Bermuda Police Service and the communities they serve. • A National Crime Preventi on Plan that will f ocus on deterrence, rehabilitation and reint egration. • The Ministry of National Security will support Bermuda’s economic recovery by ensuring that the people in our neighbourhoods feel safe and that the local businesses in our communities are protected. • As part of the focus on crime prevention and the concentrated efforts to reduce the number of road traffic offences, this Ministry will advance a new Island- wide CCTV system. An upgraded CCTV system will result in i ncreased safety for our c ommunity, as a functional CCTV system will also serve as a deterrent to potential criminals. The system will aid in the identification of suspects in the event of criminal activity. • As part of our commitment to ensuring that Bermuda’s cybersecurity defences are adequate to protect our Island from dangerous online actors, a Cybersecurity Act will be t abled which will establish minimum standards for cybersecurity for critical assets such as energy supply, telecommunications, water i nfrastructure and government data. • The increase in cybercrime, which has no borders, is an ongoing threat and requires modern cybercrime legislation that meets i nternational standards. Bermuda’s Cybercrime legislation will be modernised and provide for the Bermuda Police Service to investigate c ybercrime in cooperation with other jurisdi ctions.
Expenditure Overview
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, I will now draw to your attention to page B -262 of the Estimates Book where you will note that the Ministry of National Security budget for the financial year 2022/23 is $124,713,000, an increase of $2,086,000, or 2 per cent, which will be discussed in more detail …
Madam Chairman, I will now draw to your attention to page B -262 of the Estimates Book where you will note that the Ministry of National Security budget for the financial year 2022/23 is $124,713,000, an increase of $2,086,000, or 2 per cent, which will be discussed in more detail in the individual heads. This increase is mainly owing to the austerity measure salary reductions coming to an end and the budget for salaries being increased to reflect this. Madam Chairman, page B -262 shows a rev enue estimate for the Ministry of $1,054,000, a $25,000 decrease or 2 per cent over financial year 2021/22 244 24 March 2022 Official Hansard Report
Bermuda Senate which will also be discussed in more detail i n the ind ividual heads. Madam Chairman, page B -262 also details the current account expenditure of the departments that make up the overall budget for the Ministry by head as follows:
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, I now turn to the current account estimates for Head 83, the Ministry Headquarters which can be found on page B -263. Madam Chairman, the objectives of the Mini stry Headquarter s are: • to ensure the Minister’s policy objectives are met; • to ensure that the Ministry …
Madam Chairman, I now turn to the current account estimates for Head 83, the Ministry Headquarters which can be found on page B -263. Madam Chairman, the objectives of the Mini stry Headquarter s are: • to ensure the Minister’s policy objectives are met; • to ensure that the Ministry and Departments deliver services effectively and comply with relevant legislation, policies and procedures; • to plan, mitigate and respond to threats to s ecurity; • to reduce crime and antisocial behaviour; and • to promote public safety. Madam Chairman, the Ministry of National Security Headquarters’ budget allocation of $2,018,000 for 2022/23 represents an increase of $23,000 or a 1 per cent increase over the 2021/22 budget allocation. This is primarily due to agreed sal ary reductions by employees as part of the austerity measures for one year coming to an end and the full salaries being reinstated.
General Summary
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, on p age B -263 of the current account estimates you will note that there are eight business units within the Ministry Headquarters. The estimate for business unit 93000, Administration , is $1,207,000, an increase of $176,000 or 17 per cent. This increase is off set by the …
Madam Chairman, on p age B -263 of the current account estimates you will note that there are eight business units within the Ministry Headquarters. The estimate for business unit 93000, Administration , is $1,207,000, an increase of $176,000 or 17 per cent. This increase is off set by the reduction in business unit 93007, Disaster Risk R eduction and Mitigation (DRRM) , of $193,000, or 91 per cent. The reallocation of the funds are to reflect that most of the costs associated with DRRM are admi nistration and should be budgeted under 93000. Madam Chairman, the estimates for business units 93002, 93003 and 93004 are for the Parole Board, Treatment of Offenders Board and Police Complaints Authority, respectively, and are un-changed from the original and revised estimates for financial year 2021/22. Madam Chairman, business unit 93008 r elates to the Gang Violence Reduction Programme with an estimate for financial year 2022/23 of $621,000. This represents a $40,000 increase, or 7 per cent increase, over financial year 2021/22 in order for the team to expand programmes to tackle the scourge of gang violence in our community. Madam Chairman, the final two business units in the general summary on page B -263 are for two business units that are not being funded this year. These are 93009, the Immigration Appeals Tribunal, which no longer falls to this Ministry and 93997, the National Health Emergency which was created for COVID -19 response including the Quarantine Hotel costs which are not anticipated in financial year 2022/23.
Subjective Analysis
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, I would now like to address page B -264 of the current account estimates. This page includes the subjective analysis of current account estimates and the employee numbers or full -time equivalents. Madam Chairman, six of the object codes see no change in estimates for financial year 2022/23 …
Madam Chairman, I would now like to address page B -264 of the current account estimates. This page includes the subjective analysis of current account estimates and the employee numbers or full -time equivalents. Madam Chairman, six of the object codes see no change in estimates for financial year 2022/23 over the original budget of 2021/22, and I will therefore limit my comments to the other six that have been changed. Salaries, as I mentioned earlier, are being i ncreased by $38,000, or 5 per cent, to reflect the end of the austerity measures. Training has been increased by $20,000, or 125 per cent, to reflect the increased need for training for cybersecurity preparation and response and other national security risks . These i ncreases are partially offset by a $22,000, or 27 per cent, decrease in estimates for travel as COVID -19 has not only reduced the ability to travel but allowed meetings and trainings to take place remotely. Further savings have been made in professional services totalling $14,000, or 2 per cent, whilst materials and supplies have increased by $39,000, or 74 per cent, to provide additional materials for the Gang Violence Reduction Team (GVRT) and antic ipated inflation, this is offset by a reduction in other expenses of $38,000, or 18 per cent that relate to a reduction in maintenance fees for radio and tower equipment. Madam Chairman, the employee numbers or full-time equivalents is unchanged at eight and I will now move to page C -15 and capital ac quisitions. The estimate for 2022/23 for Ministry of National Security Headquarters is $1,037,000 for the new Island- wide CCTV system that I spoke to earlier.
Bermuda Senate 2021/22 Accomplishments
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, I will now speak to some of the accomplishments the Ministry had in 2021/22 before moving to the other heads under the Ministry. Cybersecurity
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, we are all heavily dependent on information and communication technology but with this reliance comes significant risks. We must continue to be vigilant and enhance our collective ability to protect sy stems and data and keep ahead of the ever -evolving and borderless scourge of cyber threats. Our …
Madam Chairman, we are all heavily dependent on information and communication technology but with this reliance comes significant risks. We must continue to be vigilant and enhance our collective ability to protect sy stems and data and keep ahead of the ever -evolving and borderless scourge of cyber threats. Our cybersecurity strategy provides the appropr iate framework for the Government of Bermuda to ensure that Infor-mation and Communications Technology (ICT) sy stems are integrated across all segments of our society and economy, in a safe and secure manner. In turn, this will promote economic diversificat ion and augment Bermuda’s prosperity and safety. Madam Chairman, the c ybersecurity key accomplishments during financial year 2021/22 include d, as part of the Bermuda Cybersecurity Strategy, the Ministry of National Security conducted extensive consultatio n with Bermuda stakeholders including the Cybersecurity Governance Board, the Privacy Com-missioner, and the Regulatory Authority, to develop Cybersecurity legislation.
The ChairmanChairmanSenator Dill, I am sorry to interrupt you, but it is now 12:30, and I be lieve that we should, we must, break for lunch and return at two o’clock when you can resume presenting your brief.
The ChairmanChairmanThank you, Senator Dill. Thank you, Senators, and thank you to the li stening public. We will be back at two o’clock. Proceedings in Committee suspended at 12:3 0 pm Proceedings in Committee resumed at 2:00 pm [Sen. Michelle Simmons, Chairman] COMMITTEE OF SUPPLY ESTIMATES OF REVENUE AND EXPENDITURE FOR …
The ChairmanChairmanGood afternoon, everyone. Senators, 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 [fiscal] year 2022/23. The Ministry under consideration this afternoon is the Ministry of National Security. The heads for debate have …
Good afternoon, everyone. Senators, 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 [fiscal] year 2022/23. The Ministry under consideration this afternoon is the Ministry of National Security. The heads for debate have already been listed, but right now we are resuming the presentation by Junior Minister Se nator Emilygail Dill for Head 83, which is the Ministry of National Security Headquarters. Senator Dill, I am handing the floor back to you.
MINISTRY OF NATIONAL SECURITY
HEAD 83 —MINISTRY HEADQUARTERS
[Continuation thereof]
Sen. Rev. Dr. Emilygail A. Dill[No audio] . . . conducted extensive consultati on with Bermuda stak eholders including the Cybersecurity Governance Board, the Privacy Commissioner, and the Regulatory Authority, to develop cybersecurity legislation. This legislation will establish clear requirements and r esponsibilities for the protect ion of government and other critical national information infrastructures …
[No audio] . . . conducted extensive consultati on with Bermuda stak eholders including the Cybersecurity Governance Board, the Privacy Commissioner, and the Regulatory Authority, to develop cybersecurity legislation. This legislation will establish clear requirements and r esponsibilities for the protect ion of government and other critical national information infrastructures against cyber threats. • Following a roadmap to implement a Cybersecurity Incident Response Team and Secur ity Operations Centre to protect the Gover nment and Bermuda against cyber threats, the Ministry has developed an expanded structure for the Cybersecurity Unit. The planned structure has been reviewed and approved by the Cybersecurity Governance Board and is in alignment with the recommendations made by the International Telecommunic ations Union following the 2020 assessment of Bermuda’s needs and capabilities. • National Security continues to lead the deve lopment of a comprehensive Information Sy stems Risk Management Programme. Working as part of the cross -ministry Cyber Risk Ma nagement team that includes the Chief Information Officer, Head of the PATI /PIPA Unit, representatives from Libraries and Archives, and other key stakeholders, the team ident ifies cyber risks impacting Government information and systems, and develops strategies, policies, and standards to ensure the risks are adequately addressed. • The security manager during financial year 2021/22 provided cybersecurity training for heads of departments, government staff, ven-dors, and contractors. This training is tailored to specific job functions and includes security governance, management, secure systems planning, secure systems design, and threat modelling. 246 24 March 2022 Official Hansard Report
Bermuda Senate • National Security also provided support to government departments with securing their IT systems and information, provid ing gui dance for appropriate planning, design, and documentation to comply with approved pol icies and standards, and meet security r equirements and defined security objectives. Identifying threats to information, IT systems, components, and processes, [identify] vulne rabilities impacting IT system designs , architecture, components, and data flows. Identify attack vectors and assess ing the likelihood and impact of attacks. This work included providing recommendations for secure design and appropriate adminis trative, operational, and technical safeguards to meet security r equirements for protecting information and IT systems, and preventing, detecting, respond-ing to, and recovering from cybersecurity inc idents. • The Ministry participated in a cybersecurity conference with other O verseas Territories in February to discuss a range of critical issues of cyber understanding, risk management and mitigation measures. The key aims of the conference were to build a community of support across all of the OTs and to under stand the current cybersecurity postures of each territ ory, national requirements and priorities for i mproving cybersecurity.
Gang Violence Reduction Team
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, there was a statement made to the Honourable Hous e of Assembly on 4 February 2022, where the Minister of National Security advised her honourable co lleagues that gangs and violence are a scourge on our community. The root causes are a painful reflection of generations of economic …
Madam Chairman, there was a statement made to the Honourable Hous e of Assembly on 4 February 2022, where the Minister of National Security advised her honourable co lleagues that gangs and violence are a scourge on our community. The root causes are a painful reflection of generations of economic and social inequality i n Be rmuda and the mind- set it creates. This, combined with a number of other factors, including the breakdown of the family unit, lack of or limited education and employment opportunities make it very difficult to break this cycle and enable meaningful soc ial mobility. However, we can and must address these root causes to stop this cycle of youth turning to gangs. Madam Chairman, the Ministry Gang Violence Reduction Team led by Pastor Leroy Bean has worked tirelessly throughout the year to provide a number of programme s including: • The Redemption Programme (RP), a pr ogramme aimed to be socially restorative and encourage the desistance of criminality. The RP trainees receive a weekly stipend for their work , Case Management Services, Educ ational Services and Post Training Support are also a part of the programme. • Work Placement and Mentoring Programme . This is a job placement programme that e mploys and targets at -risk youth who participated in the h igh school intervention programmes. • School programmes and ser vices. Early intervention programmes include the Hype Kings and Queens programmes at the primary level that target at -risk boys and girls. The G VRT also conduct weekly visits to primary school s and middle schools , along with daily visits to high schools to be on hand to offer guidance and assist with interventions. • The Excellence Programme, a partnering pr ogramme with CedarBridge Academy. This 10to 12-week programme focuses on incident mediation and encouraging self -reflection. The GVRT help students real ise their self - worth. • Street level outreach work and case man-agement. The GVRT continues to lower community tensions, with a focus on prison, school s and street level outreach. • The Coordinated Crisis Response Team (CCRT). The CCRT is available following cr isis response to restore peace in the community and assist family members, relatives or wi tnesses to violent crimes. There is a hospital team that attends the hospital to support fam ily and close loved ones during the peak crisis. The community team provide s crisis counse lling to residents following a violent incident. The team goes door to door offering support and offering guidance on services to area af-fected residents. • Mediations and negotiation. The team assists where needed to bridge gaps and foster r elationships. • Community service . Av ailable to support young people in obtaining their court mandated community service hours. Madam Chairman, the team also provides non-traditional counselling sessions and family group sessions; monitors court sessions and provides client advocacy support during court; connects clients to various social supports including financial assistance, legal aid, and food support; provides clients who are seeking employment with assistance in developing résumés and applying for jobs ; provides conflict res olution service and mediat ing between clients to pr event further incidents. Madam Chairman, in our schools the GVRT provides incident management support, which i ncludes facilitating multi -agency department meetings to strategise the development of violence mitigation plans where there is high tension or incidents between students , delivering ongoing mediation sessions, daily school lunch visits in high schools, deliver ing individ uBermuda Senate al youth sessions, the launch of the Excellence Pr ogramme. Madam Chairman, the GVRT key acco mplishments include: • The Gang Violence Reduction Team Case Management and Outreach Services have supported hundreds of young men in our community. Clients are placed with a case manager who assists them with securing housing, food, employment, court s upport and making healthy life choices. The GVRT operates with client -led, strength- based pr ogrammes that meet client’s individual needs and provide a sense of belonging, consistency and impartial guidance. The GVRT direct ly supported over 85 at -risk clients between the ages of 18 to 35 within our Case Management and Outreach Services. • The GVRT delivered another successful full Redemption Programme in 2021/22. Some 16 trainees completed the 30 -week programme. The programme is a specialised therapeutic, incentivised programme for at -risk individuals aged 18 to 35. Redemption Programme Trainees received a weekly stipend to partic ipate in a training programme that includes Case Management Services, Educational Services, and Post Training Support. • The GVRT continues to focus resources on School Outreach to prevent gang and antis ocial behaviour in school children. The GVRT provides a number of services and supports to schools which include individual student case management, ment oring, specialised small group meetings, specialised programmes, mediation and negotiation, and incident management support services. • The GVRT provides post -incident support which includes security meetings, school ad-ministration strategy meetings, creati on of mi tigation plans, and coordinating and leading multi- agency meetings to assess and disseminate information pertaining to gang- related incidents. • The GVRT delivered another successful full Work Placement and Mentoring Programme in 2021/22. Sixteen students completed the eight -week training programme. The Work Placement and Mentoring Initiative is a job placement programme that selects and employs targeted at -risk young people who have participated in our high school intervention programme and targeted students in altern ative education programmes. The programme provides students an 8- to 10- week paid work experience within different local companies and mentoring support to ensure their success in the workplace. The students are paid $350 per week. Madam Chairman, the work of the team also included: • Thirty to 40 mentoring/casework sessions per month. • Ten family meetings per month along with over 40 direct contacts with families. • The team attended court daily and advocated for between 15 and 20 clients monthly. • The team provided 15 to 20 individual clients each month with employment training, job coaching, and personal development sessions. • The team held between 5 to 10 mediations and negotiations monthly. • In 2021/22, the team was called out 40 times to various violent incidents in the community. • The Hospital Team was activated 22 times to provide support to family and close loved ones and provide post -incident support. • The Community Team was activated 12 times to provide immediate crisis counselling to residents and post -incident door to door neighbourhood check -ins to offer affected residents further support. • The team has delivered 160 individual case management/job coaching sessions with R edemption Programme trainees. • The team has also supported t rainees through 24 crisis situations. • The programme delivered 52 sessions covering key areas which include job readiness skills, life skills, career exposure, goal setting, and general personal development. • Nine trainees were offered a full -time or part - time job during their training placement and have recently transitioned into their new role. • Six of our current trainees are actively seeking full-time employment and/or part -time e mployment. The team is supporting these trai nees to prepare r ésumés and apply to various businesses for jobs. Madam Chairman, • Sixty -three young people from various services were directly supported by GVRT Services in 2021/22. • The team holds between 400 to 600 general check -ins and quick touchpoints with youth in targeted schoo ls. • The team monthly provided 40 to 60 individual and small group employment support ses-sions, education sessions, personal develo pment sessions, youth leadership and monthly check -in. • Eight to 10 small group sessions with targeted young people in various schools each month. • Ten to 15 meetings monthly with outside agencies including the Bermuda Police Service, Court Services, Workforce Development, 248 24 March 2022 Official Hansard Report
Bermuda Senate Financial Assistance, Department of Child and Family Services, CFS, Legal Support, Counselling Services, Foo d Service support, E mployers, and Immigration. • On average, 10 family meetings each month along with the 20 to 25 contacts with families. • Three to four mediations and negotiations each month. • Three to four Restorative Circle Groups with young people and meetings with young pe ople and parents monthly. Madam Chairman, of note is that: • One hundred per cent of students completed the Work Readiness Workshop. Thirteen of the 14 students completed the entire six -week programme. • Ten of the 14 students never missed a sched-uled workday. • Business partners demonstrated their engagement with the programme with 93 per cent completing weekly evaluations and coaching meetings with students. • A total of 147 job coaching sessions were held by the programme manager. • Eighty -five per cent of the business partners have indicated they would participate in the programme again. • One hundred per cent of students would recommend this programme to others. • One hundred per cent of parents saw personal growth in their child over the 8- week period. • Eight students were offered an additional two weeks of paid work based on their weekly per-formance reports and supervisor satisfaction. • Four of the students have subsequently been hired in part -time or full -time positions on the companies’ own accord. • An additional two students were offered summer jobs for the 2022 season. • GVRT made three referrals to additional em otional and social support services and supported students through five crisis incidents. • 100 per cent of students in the programm e stayed clear of antisocial behaviour or criminal activity for the length of the programme.
Disaster Reduction Risk Management
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, in 2018 the Ministry of National Security formed the Di saster Risk Reduction and Mitigation Team (DRRM). The DRRM is responsible for bringing together all of the disaster plans for Bermuda and ensuring that all agencies and government departments are engaged and fully committed to continuously updating these …
Madam Chairman, in 2018 the Ministry of National Security formed the Di saster Risk Reduction and Mitigation Team (DRRM). The DRRM is responsible for bringing together all of the disaster plans for Bermuda and ensuring that all agencies and government departments are engaged and fully committed to continuously updating these plans and training their staff in the execution of those plans to ensure that when the need arises, they work. The DRRM consists of employees who are temporar ily reassigned from various departments. The key accomplishments for the Disaster Reduction Risk Management team include the DRRM Team set up and managed all logistics for the Ministry of Health designated quarantine facilities from 20 March until 30 September 2021. This saw two DRRM Team members being seconded full -time for this task. They were assisted by individuals hir ed through the Department of Workforce Development. The services managed were: greeting the arriving passengers at each hotel and providing them with the COVID -19 documentation; personnel providing the liaison between the government and guests while in hotel; care package drop off facilitation; recreational activities; on -site COVID -19 testing; and coordinating security detail. Madam Chairman, in addition to the quarantine hotels, the DRRM Team supported the Public Health Regulations by processing approxim ately 98 applications for large group gatherings until 17 June when the Ministry of Youth, Culture, and Sport took over these applications. Madam Chairman, the DRRM Team also supported the Public Health Regulations with processing approximately 1,000 night -time curfew applications. Madam Chairman, the DRRM Team suppor ted the following activities and contingency planning exercises in 2021 and 2022: • The Tsunami Exercise, held in March 2021. Bermuda participated in the annual regional tsunami exercise called Caribe Wave, which was a strategic communications exercise for Bermuda that involved the EMO executive. This exercise was dialled back due to the staffing demands caused by COVID -19. • Cruise ship planning. In 2021, the DRRM team was involved with the successful homeporting visits of the Norwegian, Viking, and Crystal cruise lines. The DRRM Team coordinated the multi -agency tabletop discu ssions based on the cruising framework that was developed by the Minister of Transport ation and Minister of Health to identify any i ssues and maximise the success of these i mportant visits. • Hurricane Season 2021 saw another active and above- average hurricane season. Three EMO executive meetings were held for Hurr icane Larry on 9 September and three more EMO executive meetings were held for Hurr icane Sam. • At the airport exercise in December 2021, the DRRM Team, working with Skyport Corpor ation, assisted in coordinating the multi -agency live exercise involving a scenario of a plane landing and coming to rest in the water in A nnie’s Bay. A live exercise of this type is r eBermuda Senate quired to take place every three years in order for the airport to keep its accreditation. • In September 2021, the DRRM Team coordinated training with two instructors from the Disaster Victim Identification (DVI ) Depar tment, at New Scotland Yard who trained 15 students which consisted of 12 police officers and three R egiment solders in the discipline of Disaster Victim Identification. This training course was three full days in duration and cumulated in a practic al exercise and resulted in all 15 students being qualified. In addition, approximately 40 commanders and managers from 24 different departments and agencies at the strategic level received an overview of what needs to be facilitate d in a DVI incident. • This training has filled a gap that existed in the current contingency plans at the airport, for cruise ships, for large international events, for large scale industrial accidents and other national contingency plans, should the worst - case scenario ever unfold in Bermuda. This puts Bermuda on a good footing when these plans are audited by international bodies, and in agreement with international best practices as laid out by INTERPOL with trained invest igators using accepted practices in line with i nternation al standards. • The DRRM Team has also chaired the mont hly supply chain meetings with the private sector which have been meeting since the begi nning of COVID -19. They have proved i mportant, providing Government with an understanding of the global supply chain challenges and how it is affecting local businesses and the goods that Bermuda is so reliant upon. Madam Chairman, event coordination occurred this past year in a reduced capacity owing to COVID -19, but the following events were held, and agency conti ngency planning was coordinated by the DRRM Team: • SailGP that was held in April • May 24 Half Marathon • Cup Match • PGA event held in October
2022/23 Plans
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, in keeping with our mission of Working together to keep you safe, we will for the next financial year: Cybersecurity
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the cybersecurity plans for 2022/23 in addition to the legislation already mentioned will include: • The Security Manager working closely wit h the Chief Information Officer and h ead of the PATI /PIPA Unit . Improve the Government’s ability to identify, protect, detect, respond, and recover from cyber …
Madam Chairman, the cybersecurity plans for 2022/23 in addition to the legislation already mentioned will include: • The Security Manager working closely wit h the Chief Information Officer and h ead of the PATI /PIPA Unit . Improve the Government’s ability to identify, protect, detect, respond, and recover from cyber threats. • National Security will also continue to work with the Cybersecurity Governance Board, supporting the implementation of the Bermuda Cybersecurity Strategy. This will include establishing cybercrime legislation and cybers ecurity legislation.
Gang Violence Reduction Team
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the mission of the Gang Violence Reduction Team is • to aid in the transition of at -risk individuals from delinquent peer groups and toxic env ironments with the aim of reducing violent crime in Bermuda; • to change the pattern of behaviour of indivi duals involved in …
Madam Chairman, the mission of the Gang Violence Reduction Team is • to aid in the transition of at -risk individuals from delinquent peer groups and toxic env ironments with the aim of reducing violent crime in Bermuda; • to change the pattern of behaviour of indivi duals involved in group and gang violence and reintegrate them back into mainstream soci ety; • to prevent preteens and adolescents from joining gangs and engaging in antisocial behaviour by re- establishing positive social bonds; • to create opportunities of employment for young people and i ndividuals who have prev iously not been employable due to antisocial backgrounds; • to connect at -risk youth, men and women with the necessary helping agencies that will aid in addressing mental and social health issues; • to place more focus on fostering and sustai ning positive interpersonal relationships. Madam Chairman, it is important to understand that many of our clients carry life histories marked by poverty, family dysfunction and violence, marginalisation and intergenerational abuse and neglect. Many have incarceration experiences or have pending charges and cases. The young men we support face additional challenges presented by institutionalisation, discrim ination, community judgment, major educational gaps, negligible work history, and criminal rec ords and criminal proceedings which preclude even the hope of employment. For many of our clients, substances are a way of coping with the pain of gang involvement, homelessness, family dysfunction and mental health issues. Madam Chairman, the GVRT will c ontinue to work in our community to reduce gang tensions and provide a way out of gang life as well as provide chi ldren with alternative life choices to gang life. We must give the next generation a viable alternative to gang involvement . Madam Chairman, we will launch the Safe House programme; continue to provide the Redem ption Programme, a 30- week therapeutic, incentivised 250 24 March 2022 Official Hansard Report
Bermuda Senate programme for the next group of 15 trainees; continue to provide services and supports to schools and school children; launch of the fourth cohort of the Work Placement and Mentoring Programme, a struc-tured 10- week paid work experience providing selec ted targeted at -risk you ng men and women with opportunities for career exploration and skills development for those who have participated in our high school intervention programmes. We will launch the BackPax app in partnership with the Ministry of Education. The app is a 100 per cent percent anonymous bully prevention and intervention app. The bullying app will provide valuable services to school administrators including information about conflicts and resolutions, training and promotion services, monitoring of school incidents, and investigation tools to manage risks Re-launch of the Hype Kings and Queens Programme in six targeted primary school groups around the Island. The programme is built up of a specialised 14 session experiential curriculum which is unique to each 15- student cohort. The initiative was designed to reduce risk factors, enhance protective factors, increase academic moti vation and increase developmental factors in young people participating. [We will] work with other government ministries and the third sector to collaborate and coordinate early intervention efforts for those vulnerable children at risk of becoming involved in antisocial behaviour and gangs or have started to be drawn to this lifestyle.
Disaster Reduction Risk Management
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the DRRM Team will assist Government Ministries in developing business continuity polic ies and plans for implementation post impact of a disaster. The DDRM Team through the Emergency Measures Organisation will coordinate the Gover nment’s response to a disaster (whether natural or man- made) where the local community …
Madam Chairman, the DRRM Team will assist Government Ministries in developing business continuity polic ies and plans for implementation post impact of a disaster. The DDRM Team through the Emergency Measures Organisation will coordinate the Gover nment’s response to a disaster (whether natural or man- made) where the local community has been i mpacted greatly . This will require the DRRM Team to meet with both Government m inistries and external stakeholders in developing and exercising emergency plans such as: • cruise ship plans; • airport emergency plans; • marine contingency plans for oil pollution; • major event safety and security plans; • testing interagency command, control and communications; • hurricane plans; • mass casualty plans; • chemical facility plans; • pandemic plans; • cybersecurity plans; Madam Chairman, the DRRM Team will continue to work on the following exercises and planning processes: • Cruise ship planning— With the cruise ship season intended resumption for 2022, Bermuda expects to see up to 190 cruise ship visits. The DRRM Team will engage the five regular callers to develop their contingency plans involving multi -agency tabletop planning exercises. • Airport exercise planning —The DRRM Team will assist all the airport agencies in 2022 with tabletop and live modular exercises that are required by the Bermuda Civil Aviation Admi nistration. • Cybersecurity pl anning— The DRRM Team sits on the Cybersecurity Governance Board and will assist with the development of the Bermuda National Cybersecurity Strategy, especially in the area of legislation and the penetration exercise that is being planned for 2022. • Marine Pollution planning —Contingency pla nning for marine pollution was lacking in 2021 due to COVID -19, but in March 2022, the DRRM Team are assisting the Department of Environment and Natural Resources with c oordinating a live oil spill exercise in Whal ebone Ba y. • Tsunami Exercise —Bermuda will again parti cipate in this annual event in March 2022. This exercise is organised by UNESCO under the umbrella of the United Nations and NOAA and is a regional multi -country tsunami exercise involving approximately 30 count ries. • Chemical facility planning that is required under the International Health Regulations, will continue for Ferry Reach so that plans are developed for the residents of this community and also those that work and travel through this area in case a ser ious incident occurs at the fuel farm. • Critical national infrastructure planning for all key locations on the Island. Madam Chairman, the DRRM Team will work with sports organisations in developing event safety plans for large international spectator eve nts including: • Sail Grand Prix scheduled for May, with Bermuda now hosting this event for the second time; • Bermuda Day and weekend activities ; • Heroes or carnival weekend events; • Cup Match; • PGA Golf; • Rugby Classic in October; • Gold Cup sailing week also in October; • International Triathlon Event in November , that was just announced; and the • International Race Weekend in January.
Bermuda Senate Madam Chairman, I will now move to Head 6, Defence.
ANNOUNCEMENT BY THE CHAIRMAN
SENATE VISITOR
The ChairmanChairmanThank you, Senator Dill. Before you move on, I would like to welcome to the Senate Chamber, Mr. Chris Farrow, who is a Permanent Sec-retary in the Minist ry of National Security. Welcome, Mr. Farrow. [Committee of Supply, continuing]
The ChairmanChairmanThank you, Senator Dill. Please pr oceed. HEAD 6 —DEFENCE
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, I am pleased to present the Estimates of Revenue and Expenditure for Head 6, Defence, which can be found on pages B -266 to B -270 of the current account Estimates Book. Mission Statement
Sen. Rev. Dr. Emilygail A. DillThe mission of the Department of Defence is To protect Bermuda’s interests. Madam Chairman, their objectives include: • Force Protection— Measures and means to minimise the vulnerability of personnel, fac ilities, equipment, material, operations and ac-tivities from threats and hazards in order to preserve freedom of action and operational effectiveness …
The mission of the Department of Defence is To protect Bermuda’s interests. Madam Chairman, their objectives include: • Force Protection— Measures and means to minimise the vulnerability of personnel, fac ilities, equipment, material, operations and ac-tivities from threats and hazards in order to preserve freedom of action and operational effectiveness thereby contributing to mission success. • Humanitarian Aid/ Disaster Relief —The organised response to allevi ate the results of a c atastrophe, the consequences of which put lives and livelihoods at risk and exceeds the responsible agency’s ability to cope using its own resources. • State Ceremonial —Provide state ceremonial and musical support for the Government and to promote Bermuda, through ceremonial p arades, national events and musical displays. • International Assistance —Upon request, the Regiment will provide military skills and r esources to assist the UN, NATO, regional, or international peace support operations or training, thereby enhancing Bermuda’s repu-tation in the international community. • Enhanc ing Bermuda Society —The Regiment will continue to provide an important role in supporting the integration and development of Bermudian society. • Coast Guard —In order to secure Bermuda’s territorial waters out to 12 nautical miles and defend the EEZ (200 nautical miles), and in compliance with the Defence (Coast Guard Unit) Amendment, the Regiment will expand its full- time Coast Guard capability.
General
Sen. Rev. Dr . Emilygail A. DillMadam Chairman, Head 6 comprises the Defence Department, the Royal Bermuda Regiment, or “the Regiment.” The Regiment’s irreplaceable role is to provide operational and surge capacity to support Bermuda, the Government, and its people, in routine matters or in times of emergency. Mandate
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, under the authority of the Defence Act 1965, the Ro yal Bermuda Regiment’s mandate is to be a military force maintaining the necessary standards of manpower, training, and equipment, and to enable it to protect Bermuda’s interests at home and overseas. It conducts its training and operations while …
Madam Chairman, under the authority of the Defence Act 1965, the Ro yal Bermuda Regiment’s mandate is to be a military force maintaining the necessary standards of manpower, training, and equipment, and to enable it to protect Bermuda’s interests at home and overseas. It conducts its training and operations while also acting as a centre of excellence for all Bermudians to be able to personally and professionally develop whilst serving their country.
Personnel
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the Regiment currently employs 37 full -time staff, of which three are civilian. There are five Coast Guard posts approved but not funded and two RBR full-time equivalent posts currently frozen and unfunded. This bring the total full- time equivalents to 44 which is r eflected on budget …
Madam Chairman, the Regiment currently employs 37 full -time staff, of which three are civilian. There are five Coast Guard posts approved but not funded and two RBR full-time equivalent posts currently frozen and unfunded. This bring the total full- time equivalents to 44 which is r eflected on budget page B -269. In addition to the full - time staff , the RBR part-time strength is 315.
Current Account Funding
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the Regiment’s top line finances for 2021/22 versus 2022/23 are as follows, which are further explained on page B -268: The original estimate for 2021/22 was $7,282,000, The estimate for 2022/23 is $7,857,000. The i ncrease of $575,000 represents a change of 7.3 per cent Current Account Estimates …
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the original budget for 2021/22 was $7,282,000. Due to the continued support of COVID -19 and health measures the approved revised budget 2021/22 is $8,815,000. The main contributors to this increase are 252 24 March 2022 Official Hansard Report B ermuda Senate staff wages, personal protective equipment, and …
Madam Chairman, the original budget for 2021/22 was $7,282,000. Due to the continued support of COVID -19 and health measures the approved revised budget 2021/22 is $8,815,000. The main contributors to this increase are 252 24 March 2022 Official Hansard Report B ermuda Senate staff wages, personal protective equipment, and logi stical support. The budget estimate for 2022/23 is $7,857,000 which i s an increase of $575,000, or 8 per cent. The increase is attributable to salaries, wages, transport and travel which have all increased owing to the end of austerity measures and the RBR receiving their cost -of-living increase from 2017. The decreases in training, rentals, and repair and maintenance are part of the relocation of funds to achieve our current budget ceiling. The RBR are growing their operational footprint with the addition of Scenic House and poten-tial satellite RBR Coast Guard location in St. David’s. Cost centre 16000—Finance , $312,000. The Finance [cost] centre covers the Defence Department which holds the civilian full- time staff and the accounting function for the Royal Bermuda Regiment [ RBR] . The 2022/23 b udget estimate is $312,000, which is a decrease of $13,000, or 4 per cent, from the 2021/22 financial year. This is the difference in salary due to the reallocation of two full -time equiv alents. Cost centre 16005—Recruitment , $90,000. Madam Chairman, the Recruitment c ost centre covers the advertising, promotion, and local training expens-es. The 2022/23 budget estimate is $90,000, which is a decrease of $51,000, or 36 per cent from the 2021/22 financial year. Primary contribution to this decrease is reallocating $11,000 in part -time salaries to cost centre 16010, and a reduction in local training by $40,000. Cost centre 16010—Regimental Headquarters, $3,786,000. Madam Chairman, the Regimental Headquarters cost centre covers all of the Regiment full-time equivalents for Defence, [ Head] 06, liabilities such as employee- related expenses, marine fleet, vehicle fleet, and public liability insurances. The 2022/23 b udget estimate is $3,786,000 which is an increase of $449,000, or 13 per cent, over the 2021/22 financial year. This increase is due to the austerity measures of wages for full - and part -time soldiers no longer being accounted for as of April 2022. You will see this reflected on budget page B - 269. Cost centre 16020—Quartermaster, $1,343,000. Madam Chairman, the Quartermaster cost centre covers all the operational and procur ement services for the RBR in relation to facilities land forces. The 2022/23 budget estimate is $1,343,000, which is an increase of $40,000, or 3 per cent, over the 2021/22 financial year. This is due to an increase in the part -time wages. Cost centre 16030 —Ceremonial , $243,000. Madam Chairman, the Ceremonial HADR [ Humanitarian Assistance and Disaster Recovery ] cost centre covers the ceremonial and the humanitarian and di saster relief training expenses. The 2022/23 budget estimate is $243,000, which is an increase of $6,000 or 3 per cent over the 2021/22 financial year. This is due to an increase in the part -time soldier wages . Cost centre 16040—Internal Security (MACA), $183,000. Madam Chairman, the Internal Security (MACA) cost centre covers the training expenses r elated to internal security and Military Aid to Civil A uthority. The 2022/23 budget estimate is $183,000, which is an increase of $3,000, or 2 per cent, over the 2021/22 financial year. This is due to an increase in the part -time soldier wages. Cost centre 16060 —the Bermuda Cadet Corp, $52,000. Madam Chairman, the Bermuda Cadet Corp cost centre covers the training and youth engagement of the c adets. As part of the curriculum , staff of the Royal Bermuda Regiment facilitate adve nture training, drill, camp craft and similar military activ ities to young Bermudians below the age of military enlistment. The Corps’ main aim is to enhance the leadership and decision- making skills of school age cadets in order to make them better citizens. The pr ogramme runs weekly throughout the school year and incorporates weekly meetings, weekend camps and an annual exercise. The 2022/23 budget estimate is $52,000, which is an increase of $22,000, or 73 per cent, over the 2021/22 financial year. This is due to an increase in the part -time soldier’s wages as additional staff have been allocated to support the growing cadet programme. [Cost centre 16075]— Overseas Camp, $794,000. Madam Chairman, the Overseas Camp cost centre covers the expenses related to the RBR overseas training exercise due to be held in Camp LeJeune in May 2022. Since the formation of the unit, the Overseas Camp has been the culmination of the annual training cycle and remains a mandated r equirement by the Governor. The exercise provides tangible evidence that the RBR is fit for role and able to operate at the scale and intensity required to complete their missions and tasks. The complexity and range of activities conduc ted, on the land and at sea, are not possible to achieve within the confines of Bermuda; therefore, it is esse ntial that the camp is conducted overseas. It is also a primary component in the recruitment and retention of the RBR personnel. The 2022/23 b udget es timat e is $7 94,000, a $228,000, or 4 0 per c ent [increase] over t he 2021/22 financial year. This is due t o the reallocati on of funds during the COVID -19 health response as the Regiment was unable to hold its annua l overseas training exerc ise in 2021. You will see this reflected on bu dget page B-2 69 under Travel.
[Sen. John Wight, Chairman] Sen. Re v. Dr. Emilygail A. Dill: Cost centre 16080— Training and Validation, $538,000. Mr. Chairman, the Training and Validation cost centre covers the exBer muda Senate penses related to the training of recruits and prom otion courses. To ensure the RBR has manning that is current, qualified and competent, it is essential that the selection and training pipeline provides development and assessment opportunities at all levels, for all sp ecialis ms. The Training and Validation budget ensures these courses and qualifications are delivered in the most appropriate and cost -effective way possible, only seeking external instruction where it is not possible inhouse. All training and up to Regimental level exerci ses are subject to the UK Armed Forces recognised assurance system, the Defence System Approach to Training, to ensure safety and consistency. The 2022/23 b udget estimate is $538,000, which is an increase of $30,000, or 6 per cent. This is due to an increase in the part -time soldier’s wages and additional courses including the RBR Coast Guard. Cost centre 16085— Marine Operations, $516,000. Mr. Chairman, the Marine Operations cost centre covers the costs associated with the RBR Coast Guard’s operating expenses and part -time wages. The unit has eight full -time soldiers and one office r. They are supported by part -time staff who train and operate on weekends and public holidays in order to provide safety and security on and in Berm uda’s waters 24- hours a day throughout the year. The 2022/23 budget estimate is $516,000, which is a decrease of $139,000, or 21 per cent from the 2021/22 year. This is due to reallocating funds to [cost centre] 16020 which will cover land and buildings, vehicles, security, feeding, and uniforms. Mi ssion and Roles
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, under direction of the Governor as Commander -in-Chief and in consultation with the Minister of National Security, the Regiment’s finances are used to execute its mi ssion of Protecting Bermuda’s Interests . It achieves this Mission by conducting the following mandated tasks: Coast Guard
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, I am pleased to report that as of Monday, [ 21] February 2022, the Royal Bermuda Regiment Coast Guard has completed its first full year. It represents a meaningful commitment by the Government to provide safety and security on and in Bermuda’s waters for recreational users and those …
Mr. Chairman, I am pleased to report that as of Monday, [ 21] February 2022, the Royal Bermuda Regiment Coast Guard has completed its first full year. It represents a meaningful commitment by the Government to provide safety and security on and in Bermuda’s waters for recreational users and those who depend on our Blue Economy. During their first 12 months they conducted 977 patrols, observed over 20,500 vessels, conducted over 100 search and rescue missions, and enforced COVID -19 and SafeK ey regulations 144 times. These are significant achievements from a relatively small capability. Working with internal and international partners, including the UK law and env ironmental agencies, US Coast Guard, UK Coast Guard, and Royal Navy, they continue to provide the following services: •search and rescue or recovery; •interdiction of marine smuggling operations; •deterring criminal activity on the water; •enforcement of natural resource regulations; •enforcing maritime regulations and ensuring maritime border and port security. The intention is to increase the scope an d br eadth of the RBR Coast Guard tasks to beyond their current 12 nautical mile remit. Mr. Chairman, the Regiment is also mandated to conduct the following duties: •Force Protection. These are the means andmeasures to minimise the vulnerability of people, infrastructure, and high- value assets from threats and hazards. This ranges from military security and public order to explosiveordnance disposal. •Humanitarian Aid and Disaster Relief. This is the organised military response to alleviate the results of a man- made or natural catastr ophe, the consequences of which put s live s and livelihoods at risk. Ranging from hurr icanes to oil spills and fires, the priorities ar e s aving life, relieving suffering, limiting damage, restoring essential service, and settingthe conditions for recovery. •Ceremonial. The Regiment provides the only local professional standard Military Band and accompanying troops to conduct national cer-emonial and civic events. •International Assistance. Upon request, the Regiment can provide military skills and r esources to assist the UN, NATO, and regional peace support operations or training whichenhances Bermuda’s reputation in the international community. •Enhancing Bermudian Society. Since its i nception, the Royal Bermuda Regiment hasprovided an important role by supporting the integration and development of Bermudiansociety in the form of: oa common military experience f or vo lunteers from across Bermuda’s soci ety; othe opportunity to enhance life andvocational skills through direct prov ision of training or providing fundingsupport for specific qualifications; oinvolvement in regimental and widercommunity sporting and social activ ities; oyouth engagement through JuniorLeaders, and in partnership with theBermuda Police Service the facilit a254 24 March 2022 Official Hansard Report
Bermuda Senate tion of the Outward Bound Adventure Training Centre. Mr. Chairman, the RBR conducts the majority of these tasks in partnership or in s upport of other government departments, specifically the Emergency Measures Organisation (EMO) , Maritime Operations Centre, Department of Environmental Protection, HM Customs Bermuda, Disaster Risk Reduction and Mit igation Team, the Bermuda Police Service, Bermuda Fire and Rescue Service, and the Bermuda Hospitals Board.
Output Measures and Objectives
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, the Regiment successfully completed its preparations and training for the past hurricane season. In February , the Regiment had a successful recruit camp with 16 volunteers participating building on the intake from earlier in the financial year. There will be an additional recruit camp in July 2022. Although …
Mr. Chairman, the Regiment successfully completed its preparations and training for the past hurricane season. In February , the Regiment had a successful recruit camp with 16 volunteers participating building on the intake from earlier in the financial year. There will be an additional recruit camp in July 2022. Although COVID -19 restrictions have seen the Regiment conduct th e major ity of its training in Bermuda this year, they intend to send a detachment of instructors to Belize in May as part of Exercise Tradewinds 2022, to develop 14 other Caribbean countries’ public order training. The Reg iment is also intending to send 120 soldiers to Camp LeJeune, an overseas camp to develop basic and a dvanced soldiering and tactical skills. Mr. Chairman, through a targeted recruiting and retention plan the Regiment has been able to r ecruit 43 volunteers , and in June 2022 is forecasting to retain at least 80 per cent of their long- serving soldiers . Although statistics for soldiers passing annual training tests appears static or as a decline, this is due to an increase in testing standards.
Major Achievements for 2021/22
Sen. Rev. Dr. E milygail A. DillMr. Chairman, the Regiment and Coast Guard provided support for the Ministry of Health in responding to the COVID -19 pandemic. Over the course of the entire year, the Regiment conducted quarantine enforcement, management of vaccination si tes, and assisted at testing centres. The Coast Guard provided on water e …
Mr. Chairman, the Regiment and Coast Guard provided support for the Ministry of Health in responding to the COVID -19 pandemic. Over the course of the entire year, the Regiment conducted quarantine enforcement, management of vaccination si tes, and assisted at testing centres. The Coast Guard provided on water e nforcement with Island boats ensuring compliance with regulations including SafeK ey. Mr. Chairman, in addition to its COVID -19 response and development of the Coast Guard, the Royal Bermuda Regiment has: • committed to realising the Government’s commitment to [the] Blue Shield [programme] ; • commissioned two new o fficers, including its second female officer in 30 years; • provided personnel for the management of COVID -19 testing sites and vaccination centres; • provided health management and security during the Cup Match weekend; • developed Adventure Training instructors who will provide working at heights and cliff rescue; • hosted a review by Air Vice- Marshal Smeath, the UK’s two- star Defence Attaché to the United States with a portfolio including Bermuda.
Closing Remarks
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, in the past year, it has continued to distinguish itself as a professional, dependable and adaptable resource on land, at sea in Bermuda and with Caribbean partners. The Regiment has continued to assist in enforcing COVID -19 regulations, achieved full operating cap ability of the Coast Guard Unit, …
Mr. Chairman, in the past year, it has continued to distinguish itself as a professional, dependable and adaptable resource on land, at sea in Bermuda and with Caribbean partners. The Regiment has continued to assist in enforcing COVID -19 regulations, achieved full operating cap ability of the Coast Guard Unit, provided significant personal and professional development opportunities for sol diers. This past year has once again proven that the Royal Bermuda Regiment remains a proud, dependable and professional organisation that continues to provide an essential service to Bermuda in routine matters and during times of emergency, both on land and at sea. Mr. Chairman, I am thankful to the Commanding Officer, Lt. Col. Benjamin Beasley and the team at the Royal Bermuda Regiment for their commitment and dedication. Mr. Chairman, I now move to Head 7, the Bermuda Police Service.
The ChairmanChairmanPlease proceed. Thank you, Senator . [Pause]
The ChairmanChairmanJust as a time check, Senator, it is just after 3:00. We are going to be finishing at 3:47, so it will be advisable that there is time permitted for the Opposition and other Senators to ask questions in debate. So, I just encourage you to consider that. Thank you.
Sen. Rev. Dr. Emilygail A. DillMr. Chairman and Members, I am pleased to present the current account estimate for the Bermuda Police Service, Head 7, which can be found on pages B -271 to B -275 of the Estimates of Revenue and Expenditure. Mr. Chairman, the Bermuda Police Service’s mission is: Making Bermuda safer . …
Mr. Chairman and Members, I am pleased to present the current account estimate for the Bermuda Police Service, Head 7, which can be found on pages B -271 to B -275 of the Estimates of Revenue and Expenditure. Mr. Chairman, the Bermuda Police Service’s mission is: Making Bermuda safer . The objectives of the Serv ice are to: • maintain the confidence of the community;
Bermuda Senate • treat all persons fairly, with dignity and r espect; • protect vulnerable victims; • reduce crime, particularly focusing on serious crime and gang- related criminality; • reduce antisocial behaviour; and • enhanc e road safety. Mr. Chairman, the Service carries out its objectives by aligning its organisational structure to maintain its community safety agenda and the preve ntion of criminal risk locally and internationally through a funded establishment of 487 empl oyees , which you can find on [ page ] B-274. Mr. Chairman, the BPS continues to advance its 2021 to 2026 Strategic and Operational Plan, al though progress has been impacted by COVID -19. The two back -to-back years of the COVID -19 pa ndemic have resulted in th e BPS re -positioning itself within a pandemic economy. We are optimistic there are green shoots that suggest a degree of normality is returning. This will allow a number of key initiatives to progress. The BPS Gang Targeting Team continues to work with the Ministry of National Security’s Gang Vi olence Reduction Team t o reduce the threat in this area and seek to divert persons from gang- related cri minality. However, significant risk remains from gun or gang- related violence to which the BPS continues to deter such acts through effective use of intelligence and specialist policing. Staffing of the previous marine section, on a temporary basis, continues to support the Coast Guard as it journeys towards its full complement of staff. The BPS continues its work regarding standards of professional behaviour and anti -corruption po licy and procedure, to which relevant best practice is being utilised by the National Anti -Corruption Commi ttee in support of other Government departments and the United Nations Anti -Corru ption Self -Assessment for Bermuda. The BPS also continues its work in support of the National Anti -Money Laundering Committee (NAMLC) to prevent financial crime, money laundering and counter -terrorism funding, with a strategic focus to maintain its excellent Caribbean Financial Action Task Force [ CFATF ] grading. The BPS further continues its work in support of the National Cybersecurity Governance Board to prevent and respond to cybersecurity matters and maintain Bermuda’s reputation as a premier intern ational financial jurisdiction. The BPS is working to implement a framework for greater multi -agency collaboration on the problem of domestic abuse. We seek to enhance communic ation and improve training with a view to improving service and reducing victimisat ion. Expenditure Overview
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, I would now draw your attention to the current account estimates for Head 7, which can be found on page B - 272. A total of $62,158,000 has been allocated for Head 7 for the financial year 2022/23. This represents an increase of $860,000, or 1 per cent …
Mr. Chairman, I would now draw your attention to the current account estimates for Head 7, which can be found on page B - 272. A total of $62,158,000 has been allocated for Head 7 for the financial year 2022/23. This represents an increase of $860,000, or 1 per cent increase, of the original budget for the financial year 2021/22. Mr. Chairman, in order to meet these responsibilities, the Bermuda Police Service operates six programmes: • Programme 0701 —Commissioner’s Office • Programme 0702—Corporate Services Div ision • Programme 0703—Community Policing Div ision • Programme 0704— Support Services Division • Programme 0708— Serious Crime Divisions • [Programme] 0710— Bermuda Reserves P olice Mr. Chairman, I will now address each pr ogramme and business unit as set out on page B -272. Programme 0701—the Commissioner’s O ffice. Mr. Chairman, the Commissioner’s Office is in business unit 17000 and has an estimate for the fiscal year 2022/23 of $47,422,000. This represents an i ncrease of $724,000, or a 2 per cent increase from the fiscal year 2021/22. The increase is due to the auster ity measures salary reductions of 10 per cent from the Bermuda Police Association [ BPA] members coming to an end as of 31 October 2021, and the budget for salaries being increased to reflect this change. Programme 0702—Corporate Services Div ision. Mr. Chairman, the Corporate Services Division has an estimate for the fiscal year 2022/23 of $6,585,000. This represents an increase of $278,000, or 4 per cent, from the fiscal year 2021/22. The i ncrease is due to the Professional Conduct Unit located under business unit 17005 paying rent at the new office location in Dockyard. Human Resources located under 17010, Finance and Administration located un-der 17020, Information Management Services located under 17025, and Training and Development Depar tment located under 17190, all received increases as a result of the Bermuda Public Service Union [ BPSU ] members no longer contributing to the austerity measures 10 per cent salary reductions. Information Management Services also experienced an increase in radio maintenance fees, which was under budget in 2021/22. Vehicles Stores located under 17300 and Uniform Stores located under 17310 saw no change in budgets. Programme 0703—Community Policing Div ision. Mr. Chairman, the Community Policing Division has an estimate for the fiscal year 2022/23 of $2,088,000. This represents a decrease of $16,000, or 1 per cent, from the fiscal year 2021/22. The d ecrease was due to the employees stationed at the 256 24 March 2022 Official Hansard Report
Bermuda Senate Central Area Command located under business unit 17040 of $17,000, and the Western Area Command located under business unit 17042 of $10,000, and the Eastern Area Command located under business unit 17041 no longer contributi ng to the austerity measures 10 per cent salary reductions, offset by the decrease of $43,000 from [ the] Eastern Area Command located under business unit 17041 due to the reduction in one staff member. Programme 0704—Support Services Division . Mr. Chairman, the Support Services Division has an estimate for the fiscal year 2022/23 of $3,428,000. This represents a decrease of $145,000, or 4 per cent, from the fiscal year 2021/22. The decrease was due to an increase in salaries for employees stationed at the O perational Support Department located under business unit 17090 of $21,000, and Garage and Workshop located under business unit 17130 no longer contributing to the austerity measures 10 per cent salary reductions, in addition to an increase in vehicle insu rance of $102,000. This was offset by the decrease of $227,000 in the Marine and Roads Poli cing Unit located under 17120 no longer operating the marine unit and the correct allocation of a post under Forensic Support located under business unit 17160 of $41,000 to the Intelligence Division located under business unit 17170. The Tape Transcribing under business unit 17055 saw no change in the budget. Programme 0708— Serious Crime Divisions . Mr. Chairman, the Serious Crime Division has an estimate for the fisc al year 2022/23 of $2,303,000. This represents an increase of $19,000, or 1 per cent, from the fiscal year 2021/22. The increase was due to a decrease in [ the] consultancy fee for the Special I nvestigations Department located under business unit 17140 of $61,000 offset by an increase in salaries of $4,000 for the Drugs and Financial Crime Department located under business unit 17150, and $76,000 for the Intelligence Division located under business unit 17170. The Police Support Unit located under bus iness unit 17105 saw no change to the budget. Programme 0710— Bermuda Police R eserves . Mr. Chairman, the Bermuda Police Reserves have an estimate for the fiscal year 2022/23 of $332,000 and saw no change in the budget.
Subjective Analysis
Sen. Rev. Dr. Emilygai l A. DillMr. Chairman, I would now like to address page B -273 of the current account estimates. This page includes the subjective analysis of current account estimates and revenue summary. Subjective analysis of current account estimates
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, nine of the object codes see no change in the estimates for the financial year 2022/23 over the original budget f or 2021/22 and I will therefore limit my comments to the other eight that illustrate changes. Salaries have increased by $1,191,000, or 3 per cent, to reflect …
Mr. Chairman, nine of the object codes see no change in the estimates for the financial year 2022/23 over the original budget f or 2021/22 and I will therefore limit my comments to the other eight that illustrate changes. Salaries have increased by $1,191,000, or 3 per cent, to reflect the discontinuation of the Government’s austerity mandate of 10 per cent reduction in payroll. Wages have increased by $19,000, or 3 per cent, and as stated earlier for salaries is a reflection of the dis continuation of the government’s austerity mandate of 10 per cent reduction in payroll. Other personnel costs have decreased by $227,000, or 8 per cent, to reflect the department’s mandate to reduce overtime. The professional service decreased by $47,000, or 2 per cent, as a result of the reduced use of consultants. Repairs and maintenance have decreased by $45,000, or 2 per cent, due to the adjustment to the radio maintenance fees. Insurance increased by $80,000, or 43 per cent, in order to anticipate an increase in motor insurance. Energy has decreased by $102,000, or 9 per cent, in anticipation of the savings realised through the renegotiated government -wide fuel contract.
Revenue Summary
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, the Bermuda Police Service is estimated to collect $698,000, or a 1 per cent increase from 2021/22 in revenue due to the increase in Government fees and an increase in security guard licences under revenue source code 8525 of $1,000. Employee Numbers (Full -Time Equiva lent [FTE]) . …
Mr. Chairman, the Bermuda Police Service is estimated to collect $698,000, or a 1 per cent increase from 2021/22 in revenue due to the increase in Government fees and an increase in security guard licences under revenue source code 8525 of $1,000. Employee Numbers (Full -Time Equiva lent [FTE]) . Mr. Chairman, the employee numbers or full - time equivalents increased by nine over the original amount from 2021/22 to include seven police officers and two support staff allocated to Human Resources and Finance and Administration. Mr. Chairm an, whilst the FTE numbers have increased, these represent FTEs that were unfunded last year in order to make savings. Although they are not funded for the 2022/23 year, the Service can fill the posts if they are able to make savings to cover the posts cos ts.
2021/22 Accomplishments
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, I will now speak to some of the accomplishments the Bermuda Police Service had in 2021/22. Policing and the COVID -19 pandemic . Mr. Chairman, the COVID -19 pandemic led to significant changes in policing. Government legislation was i ntroduced to reduce the risk of COVID -19 transfer …
Mr. Chairman, I will now speak to some of the accomplishments the Bermuda Police Service had in 2021/22. Policing and the COVID -19 pandemic . Mr. Chairman, the COVID -19 pandemic led to significant changes in policing. Government legislation was i ntroduced to reduce the risk of COVID -19 transfer i ncluding shelter in place, curfew, physical distancing measures and regulations directing COVID -19 pr evention procedures within the retail and leisure sector,
Bermuda Senate which the BPS continues to police. Approximately 200 persons were served summonses, and over 2,000 COVID -19 compliance checks were performed by both the Reserve Police and the Bermuda Police Service with a view to making Bermuda safer. Operation Vega. Mr. Chairman, it is also noted that during the immediate periods preceding curfew compliance the community experienced an i ncrease in road traffic incidents. To calm traffic, deny criminals the use of our roads, and encourage better driving choices the B ermuda Police Service responded with Operation Vega [Op Vega] . Since the ince ption of Op Vega over 5,000 traffic tickets and 840 m otorist advice notices have been issued. Additionally, the Bermuda Police Service has increased its com-munications with the public through mainstream m edia and social media platforms. The department looks forward to seeing how this level of engagement will positively affect driver behaviour. New Recruit Foundation Course. Mr. Chai rman, February 2022 saw the start of a police Rec ruit Foundation Course with 21 new student officers. These officers should take to the streets in earnest this summer and the new officers will bring welcomed relief to their colleagues and reduce demands on the overtime budget. Mr. Chairman, I will now provide these Chambers with some sobering statistics on what the Bermuda Police Service dealt with over the fiscal year 2021/22. Mr. Chairman, in making Bermuda safer, between 1 April 2021 to mid -March 2022, the BPS responded to 13,571 events or incidents of which 2,111 were licenced premises COVID -19 compliance checks. Mr. Chairman, there were 1,619 arrests during the period and whil e this is noticeably down from the norm of around 2,300, it is unfortunately largely due to the impacts of COVID -19-related restrictions including curfew on the community. Mr. Chairman, 3,327 crimes were recorded and investigated, that include eight murders and 16 attempted murders. Six persons were tried and convicted in the Supreme Court of murder, attempted murder or mansl aughter. Mr. Chairman, the Service dealt with 1,113 road traffic collisions, of which 15 were fatalities and 86 involved serious injury. Mr. Chairman, 8,627 tickets and stop and search forms were issued that helped to change driver behaviour and reduce opportunities for violence.
Gang Violence
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, as the Minister had reported to the Honourable House [of Assembly] in February, the Bermuda Police Service is the law enforcement entity responsible for preventing and detecting crime and have adopted a robust ap-proach to tackling gang and gun violence. As early as 2009, the BPS recognised the …
Mr. Chairman, as the Minister had reported to the Honourable House [of Assembly] in February, the Bermuda Police Service is the law enforcement entity responsible for preventing and detecting crime and have adopted a robust ap-proach to tackling gang and gun violence. As early as 2009, the BPS recognised the significant challenges of tackling gangs and guns and that it required high levels of community engagement, as enforcement alone could not address the systemic issues. Mr. Chairman, since 2009 the BPS has made a number of adjustments in response to the gun and gang problem and continued to evolve with a focus on leveraging community support and technology to assist in bringing o ffenders to justice. Mr. Chairman, the BPS has implemented a gang violence reduction strategy with a core focus on partnership. It consists of three pillars: • Prevention ( which is Education and Awar eness); • Catch and Convict —Police focused (Targeting and Suppression); • Resettlement and Rehabilitation collaboration. Mr. Chairman, the strategy of Prevent and Deter is to stop young offenders escalating into prolific offenders and to prevent children and young people from becoming involved in criminality in the first place. The Bermuda Police Service deploys a school’s r esource officer, primarily to the senior schools, that meets with school guidance counsellors, teachers, and students to build relationships and share information that is used to ease tensions. Additionally, o pportunities to mediate disputes and model effective problem solving are implemented. Mr. Chairman, with Catch and Convict, the BPS deploys a Police Support Unit and a Gang Targeting Unit that are primarily focused on disruption and enforcement activity specifically as it relates to those involved with gangs. Further, the approach with our partners is to focus on the same key groups of offenders who are causing the most crime. The BPS chair the interagency gang enforcement team that provides an opportunity for information sharing and joined- up enforcement efforts. Mr. Chairman, with Rehabilitate and Resettle, the BPS chairs the multi -agency offender management team that provides ongoing assessment and supervision for high- risk offenders in an effort to encourage effective rehabilitation and resettlement of persons leaving prison services. Mr. Chairman, the BPS continues to adapt and evolve in tackling the issues of gangs with the necessary emphasis on an evidenced- based approach to policing. T his includes the use of information, intelligence and lessons learned. This has resulted in multiple arrests for murder and firearms related offences, as well as significant seizures of ill egal drugs and firearms. Multiple persons have been prosecuted with over 40 men incarcerated, receiving life and/or long- term sentences for murder, attempted murder and firearms related offences.
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Bermuda Senate 2022/23 Plans
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, in keeping with our mission statement of Making Bermuda Safer the Bermuda Police Service will engage in the following: Policing issues for 2022/23 . Mr. Chairman, the scourge of gang and gun violence continues to play out in our community. Sadly, more recently we have seen males and …
Mr. Chairman, in keeping with our mission statement of Making Bermuda Safer the Bermuda Police Service will engage in the following: Policing issues for 2022/23 . Mr. Chairman, the scourge of gang and gun violence continues to play out in our community. Sadly, more recently we have seen males and females as young as 14 involved in violent exchanges, often using knives to resolve their disputes. The Bermuda Police Service is currently and will continue to temporarily divert resources from community policing to bolster its enforcement efforts to catch and convict those involved in thes e crimes. However, this cannot be sustained. Until we as a community examine and act on the issues that would cause our young people, some as young as 15, to think that arming themselves, stabbing, or shooting another person, is an appropriate way to solve a dispute, we will continue to experience tragic and unnecessary violence and death in our community. Mr. Chairman, given the challenging economic outlook and the differing community views on COVID -19 restrictions for the Island, the BPS is atte ntive to the potential for social unrest and associated public protests. The BPS Special Branch unit conti nues to mitigate these concerns with effective monitoring of social media, intelligence processes and early engagement to address areas of concern. Mr. Chair man, the summer months will bring challenges to community safety across the Island as residents and visitors seek to socialise in larger num-bers on beaches, on the water , and within bars and restaurants. These challenges will include, but are not limited t o, increased tensions and risks between gangs, antisocial behaviour, residential and beach parties and drink driving. Additionally, organised events that do take place may present greater policing challenges in comparison to previous years as COVID -19 rest rictions continue to be lifted.
New Initiatives in the Service
Sen. Rev. Dr. Emilygail A. DillMr Chairman, the Bermuda Police Service has a Strategic and Oper ational Plan for the period 2021 to 2026 with five key priorities . They are: • reducing serious crime; • protecting vulnerable persons; • raising confidence in the police; • reducing harm on our roads; and • developing digital …
Mr Chairman, the Bermuda Police Service has a Strategic and Oper ational Plan for the period 2021 to 2026 with five key priorities . They are: • reducing serious crime; • protecting vulnerable persons; • raising confidence in the police; • reducing harm on our roads; and • developing digital policing. Additionally, seven new Strategic Ambitions have been set to support members of the BPS in achieving their full potentia l and assisting their professional development. The plan will be governed by the Bermuda Police Service Strategic Executive Group and shared with the public. Capital Projects
The ChairmanChairmanSenator, just a time check . So, it is almost 3:30. We have until 3:47, so just roughly 17 minutes left. I note that we are still on the third h ead of six within the National Security . So I just want to make you aware of the time …
Sen. Rev. Dr. Emilygail A. DillYes, I am aware and I am doing my best to work within the timeframe that the Opposition set for this debate. ANNOUNCEMENT BY THE CHAIRMAN SENATE VISITOR
The ChairmanChairmanThank you. I just want to observe the Minister of National Security, the Honourable Renee Ming, JP , MP, so welcome, Minister. It is nice to have you here. [Committee of Supply, continuing]
The ChairmanChairmanBack to you, Senator. Thank you.
Sen. Rev. Dr. Emilygail A. DillThank you so much. Mr. Chairman, I now move to page C -7 and capital development. The estimate for 2022/23 is $250,000 for Police Headquarters Prospect. The Bermuda Police Service has been endeavouring to reduce spending by reducing rents paid in t he private sector. To achieve this, the Bermuda …
Thank you so much. Mr. Chairman, I now move to page C -7 and capital development. The estimate for 2022/23 is $250,000 for Police Headquarters Prospect. The Bermuda Police Service has been endeavouring to reduce spending by reducing rents paid in t he private sector. To achieve this, the Bermuda Police Service has been working towards developing the old hea dquarters building with a view to relocating officers from private sector rents to the usage of its own facilities. This year’s funding will allow us to enclose the buil ding in preparation for the next step of renovating it for use. Mr. Chairman, I now move to page C -15 and capital acquisitions. The estimate for 2022/23 is $300,000 for Operational Vehicles. In terms of usage, the Bermuda Police Ser vice operational fleet is aged. The fleet provides twenty -four hour s a day, seven days a week operation throughout the Island These vehicles experience a tremendous amount of wear and tear in a short span of time. This year’s funding will allow for some of the uniform patrol vehicles to be replaced. Mr. Chairman, I would like to congratulate Mr . Darrin Simons on his appointment as Commissioner of Police. Mr. Simons has some 28 years in the Service and has been Acting Commissioner for over six months. Our Minister has enjoyed working with him and is confident that the community will benefit from his leadership. We would also like to thank the me mBermuda Senate bers of the Bermuda Police Service for their continued hard work in accordance with their mission statement, Makin g Bermuda Safer. Mr. Chairman, this concludes the current and capital account estimates for Head 7, and I will now move to Head 12, Customs.
HEAD 12 —CUSTOMS DEPARTMENT
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, I am pleased to present the current ac count estimates for the Customs Department , Head 12, which can be found on pages B -276 to B -279 of the Estimates of Revenue and Expenditure. Mr. Chairman, the Customs Department’s mission is Protecting Bermuda’s border and promoting economic …
Mr. Chairman, I am pleased to present the current ac count estimates for the Customs Department , Head 12, which can be found on pages B -276 to B -279 of the Estimates of Revenue and Expenditure. Mr. Chairman, the Customs Department’s mission is Protecting Bermuda’s border and promoting economic development . The objectives of the d epartment are to: • assess and collect customs duty and fees on imported goods; • to enforce customs laws and administer other statutes controlling the international mov ement of goods; • to prevent the smuggling of drugs and other i llegal commodities, enforcing international conventions for environmental protection and money laundering, and agency work for Imm igration, Health, Transport Control, and Env ironment; • to provide information and assistance to the public regarding customs laws and regul ations. Mr. Chairman, the Customs Department’s vision is to be a modern, effective and efficient Cus-toms administration offering professional service to all stakeholders, using international best practices, max-imising revenue collection and protecti ng the borders of Bermuda. Mr. Chairman, to make this vision a real ity, specific strategic goals have been set for Customs. Strategic Goal 1: Staffing, Stability and Trai ning. Mr. Chairman, in order for the Customs Depar tment to carry out its mission, the department will need to focus on providing a stable work environment that is free from corruption and bribery. Maintaining the department’s integrity as a respected law enforcement arm of the government is vital to performing our en-forcement functions. Strategic Goal 2: Legislation and Operational. Mr. Chairman, the department recognises its respo nsibility to manage and monitor daily operations in order to achieve our mandate of facilitating legitimate trade, assessing and collecting the government’s rev-enue and interdicting drugs and other contraband. The ability to operate in an environment free from ob-stacles and barriers while complying with Bermuda Customs Law is the ultimate goal. Hence this goal is to provide new legislation which would support the department’s operational needs for both the present and the future. Strategic Goal 3: Policy, Procedures and F uture. Mr. Chairman, while the department’s p olicies and procedures are a vital portion of its foundation, the consistent revision of these docum ents will pr ovide a more positive work environment. Revision of the memorandums of understanding within the department’s law enforcement counterparts will also provide a shared understanding of the department’s comparable duties, aims and objectives.
Expe nditure Overview
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, I would now draw your attention to the current account estimates for Head 12, which can be found on page B-276. A total of $16,575,000 has been allocated for Head 12 for the financial year 20 22/23. This repr esents an increase of $489,000, or a 3 per …
Mr. Chairman, I would now draw your attention to the current account estimates for Head 12, which can be found on page B-276. A total of $16,575,000 has been allocated for Head 12 for the financial year 20 22/23. This repr esents an increase of $489,000, or a 3 per cent i ncrease of the original budget for the financial year 2021/22. Mr. Chairman, t he Customs Department operates one programme listed as 1201, General , with seven business units. Mr. Chairman, I will now a ddress the business units as set out on page B -276.
Business Unit 22030 —Airport Arrivals –Travellers
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, Airport Arrivals –Travellers has an estimate of $4,396,000. This represents an increase of $204,000, or 5 per cent. The net increase is due to an increase in sal aries of $261,000 as a result of the discontinuance of the austerity measure salary deduction of 10 per cent; increase …
Mr. Chairman, Airport Arrivals –Travellers has an estimate of $4,396,000. This represents an increase of $204,000, or 5 per cent. The net increase is due to an increase in sal aries of $261,000 as a result of the discontinuance of the austerity measure salary deduction of 10 per cent; increase in overtime of $17,000; decrease in other allowances of $70,000; and roun ding difference of $4,000. The most significant driver of the cost i ncrease is, therefore, basic salary, which includes i ncremental salary increase.
Business Unit 22050 —Investigations/Audit
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, Investigations/A udit has an estimate of $878,000. This represents an increase of $1,000, or less than 1 per cent. Business Unit 22070 — Hamilton Commercial Ops
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, Hami lton Commercial Ops has an estimate of $979,000. This repres ents an increase of $82,000, or 9 per cent. The increase is due to a salary increase of $67,000 and overtime of $15,000. The most significant driver of the cost increase is, therefore, basic salary costs excluding …
Mr. Chairman, Hami lton Commercial Ops has an estimate of $979,000. This repres ents an increase of $82,000, or 9 per cent. The increase is due to a salary increase of $67,000 and overtime of $15,000. The most significant driver of the cost increase is, therefore, basic salary costs excluding overtime. The increase is primarily due to the 10 per cent BPSU salary reduction for four months April 2021 to July 2021 and pay increment increases.
260 24 March 2022 Official Hansard Report
Bermuda Senate Business Unit 22080 —Administration
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, A dministration has an estimate of $4,599,000. This represents an increase of $215,000, or 5 per cent. The Administration business unit is deemed the headquarters of the department and a majority of the oper ational budget is allocated to this unit. The variances of materiality that impact the …
Mr. Chairman, A dministration has an estimate of $4,599,000. This represents an increase of $215,000, or 5 per cent. The Administration business unit is deemed the headquarters of the department and a majority of the oper ational budget is allocated to this unit. The variances of materiality that impact the increase are: • Decrease in s alaries of $34,000 [and] increase in overtime of $9,000. • Decrease in long service awards of $9,000. • Decrease in contractors by $27,000. • Increase in membership fees by $25,000. • Increase in building rent of $9,000. • Increase in repair and maintenance for equi pment by $149,000 and pertains to an increase in maintenance fees for the Hamilton Dock Gantry X-ray scanner. The scanner is close to the end of its expected useful economic life and requires a major overhaul and the increase in cost is reflective of that. • Increase in software maintenance by $9,000. • Increase in electricity by $30,000. • Increase in office supplies by $58,000, which per-tains to office supplies, stationery, cleaning supplies, personal protective equipment, computer supplies, consumables for detection equipment and other miscellaneous items. The estimate is reflective of the actual expenditure and the i ncrease is due to budgeting shortfalls in the comparative period. • Finally, a d ecrease in bank charges and commi ssions by $9,000.
Business Uni t 22090 —Vessel Clearance
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, Vessel Clearance has an estimate of $941,000. This represents an increase of $4,000, or less than 1 per cent. The increase is due to an increase in salaries of $65,000, again as a res ult of the discontinuance of the austerity measures 10 per cent salary deductions, offset …
Mr. Chairman, Vessel Clearance has an estimate of $941,000. This represents an increase of $4,000, or less than 1 per cent. The increase is due to an increase in salaries of $65,000, again as a res ult of the discontinuance of the austerity measures 10 per cent salary deductions, offset by a decrease in overtime by $20,000 and other allowances by $40,000. The decreases are due to Vessel Clearance having a much- reduced workload since the pandemic with most of the officers assisting in other areas.
Business Unit 22100 —Interdiction
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, Interdiction has an estimate of $3,717,000. This represents a decrease of $29,000, or 1 per cent. The increase is due to an i ncrease in salaries of $25,000 again as a result of the discontinuance of the austerity measures 10 per cent salary deductions, offset by a decrease …
Mr. Chairman, Interdiction has an estimate of $3,717,000. This represents a decrease of $29,000, or 1 per cent. The increase is due to an i ncrease in salaries of $25,000 again as a result of the discontinuance of the austerity measures 10 per cent salary deductions, offset by a decrease in overtime of $25,000 and other allowances by $30,000. The anticipated cost reduction is mainly due to a r e-duction in the expected overtime and other allowance costs. We have found these to have been lower than in prior years due to the reduced activity the pandemic had on Interdiction. This is especially the case for the cruise ship Team element of Interdicti on.
Business Unit 22110 —Seaport Enforcement Team
Sen. Rev. Dr. Emilygail A. DillMr. Chairman, Seaport Enforcement Team has an estimate of $1,065,000. This represents an increase of $12,000, or 1 per cent. The increase is due to an increase in salaries of $20,000 as a result of the discontinuance of the austerity measures 10 per cent salary deductions, offset by a decrease …
Mr. Chairman, Seaport Enforcement Team has an estimate of $1,065,000. This represents an increase of $12,000, or 1 per cent. The increase is due to an increase in salaries of $20,000 as a result of the discontinuance of the austerity measures 10 per cent salary deductions, offset by a decrease in overtime by $8,000. Mr. Chairman, as you can see, we still have a significant amount of information to cover which r egrettably i t appears that the Opposition did not take into consideration when they set the schedule. I will stop at this time to see if there are any questions that need to be offered and I will do my best to at least document them and ensure that they receive the r esponses that they require. Thank you.
The ChairmanChairmanThank you, Senator Dill. So, we have roughly three minutes left. Are there any questions on these h eads today? Sen. Ben Smith: Yes, good afternoon, Mr. Chairman. The comment by the Senator is interest ing considering that the brief that she is reading was set for a debate that …
Thank you, Senator Dill. So, we have roughly three minutes left. Are there any questions on these h eads today? Sen. Ben Smith: Yes, good afternoon, Mr. Chairman. The comment by the Senator is interest ing considering that the brief that she is reading was set for a debate that happened in the House of Assembly that was five hours. The Senate does not have the same amount of hours as the House, so it would not be possible for us to give the same allotted hours that happened in the House of Assembly. So, to sit here and listen to the same brief is obviously frustrating, not just to everybody in this Chamber, but probably everybody in the listening audience. It is not given the opportunity to have a proper debate and now to expect for us to ask questions and have the technical officer that has been sitting here give those answers in a timely fashion is just not something that is poss ible. This has been a waste of everybody’s time, and it continues to be a waste of everybody’s time and I apologise that I have to give this speech instead of the questions that were prepared over the last few days by listening to the brief that is already in the public domain. The Minister spent an enormous amount of time doing this already —spent the time having a proper debate in the House of Assembly and now we, in the Senate, have not been given that same opportunity. To make the excuse that it is because we did not give enough time means that you do not understand the proces s. On top of that —
Bermuda Senate [Inaudible interjection]
Sen. Ben Smith: On top of that —
The ChairmanChairmanIf I can just say, we literally, for this time period, this is a question period, so we do have roughly a minute left for any questions to be asked. I note your comments of frustration, but we now have reserved — Sen. Ben Smith: I will ask one question …
If I can just say, we literally, for this time period, this is a question period, so we do have roughly a minute left for any questions to be asked. I note your comments of frustration, but we now have reserved —
Sen. Ben Smith: I will ask one question and it will come from the Fire Service. I am wondering if the Junior Minister can give us an update on any certification that is needed for the Fire Service to run at the airport. If there is any details on the amount of Fire Officers that are needed to be at the airport and whether Bermuda has the correct amount of certified Fire Officers to maintain the certification of our airport. Thank you, Mr. Chairman.
The C hairman: Thank you, Senator. Senator Dill, do you have a response to Senator Smith’s question?
[Pause]
The ChairmanChairmanSenator Dill — Sen. Michelle Simmons: Senator Wight, may I?
The ChairmanChairman—just checking to see whether one is forthcoming or not. I am sorry, Senator Simmons? Please — Sen. Michelle Simmons: I just have two short questions.
The ChairmanChairmanPlease. Sen. Michelle Simmons: My first question is about the Police Complaints Authority, and I would like to know if it is still functioning. The second question I have is about the pr ocurement of a new CCTC system. Will that be subject to a competitive process? Two short questions, …
The ChairmanChairmanThank you, Senator. Senator Dill?
Sen. Rev. Dr. Emilygail A. DillCan you say that again for me? Sen. Michelle Simmons: The first question was about the Police Complaints Authority and whether it is still functioning, and my second question is about the new CCTV system that will be installed. How will that be procured? Will there be a competitive pr …
Can you say that again for me?
Sen. Michelle Simmons: The first question was about the Police Complaints Authority and whether it is still functioning, and my second question is about the new CCTV system that will be installed. How will that be procured? Will there be a competitive pr ocess? The Chairman: I think in the interest of time we are going to have to ask that these questions be respon ded to following so that we can keep on track. I would like to move ahead to have Senator Dill to move . . . would you like to move these heads?
Sen. Rev. Dr. Emilygail A. DillCertainly. I will revert to Mr. Smith with the answer to his question as it is quite a bit of information that needs to be provided and we certainly do not have enough time today. With regard to the Police Complaints Author ity, yes, it is still functioning. With regard …
Certainly. I will revert to Mr. Smith with the answer to his question as it is quite a bit of information that needs to be provided and we certainly do not have enough time today. With regard to the Police Complaints Author ity, yes, it is still functioning. With regard to the new CCTV system, we will revert with the answers. Thank you so much.
The ChairmanChairmanSenator, so if you can just move these heads.
The ChairmanChairmanThank you, Senator Dill. Is there any objection to those heads — Senator Smith? Sen. Ben Smith: I object because we have not had the opportunity to have a proper debate today. That was the purpose of today’s session, and we did not have that ability. So, I object on …
The ChairmanChairmanThank you, S enator Dill. So, with the objection of Senator Smith, we will proceed forward with the movement of these heads. [Motion carried: Ministry of National Security, Heads 83, 6, 7, 12, 25 and 45 were approved and stand part of the Estimates of Revenue and Expenditure for 2022/23.]
The ChairmanChairmanThat concludes the National Security debate. We now will move on to the Cabinet Office. So, just to remind ourselves, Senators, we are in Committee of the whole for further consideration of the Appropriation Act 2022 t ogether with the Est imates of Revenue and Expenditure for the year 2022/23. …
That concludes the National Security debate. We now will move on to the Cabinet Office. So, just to remind ourselves, Senators, we are in Committee of the whole for further consideration of the Appropriation Act 2022 t ogether with the Est imates of Revenue and Expenditure for the year 2022/23. The Ministry under consideration is the Cab inet Office. The Heads to be debated are numbers 9, 13 and 80 which can be found in pages B -41, B -47 and B -69. The number of hours allocated to these 262 24 March 2022 Official Hansard Report
Bermuda Senate heads is two. The Senator in charge is Senator Darrell. My watch has 3:51. Senator Darrell, over to you. Sen. Owen Darrell: Good afternoon and thank you, Mr. Chairman. Mr. Chairman, I move that the Committee do now take under consideration Head 9, the Cabinet Office; Head 13, Post Office; and Head 80, Project Management and Procurement.
The ChairmanChairmanThank you. Please proceed. Sen. Owen Darrell: Thank you, Mr. Chairman. CABINET OFFICE HEAD 9 —CABINET OFFICE Sen. Owen Darrell: Mr. Chai rman, the Cabinet Office operates at the centre of the public service providing leadership advice and guidance to ensure delivery of Government’s policies and Government’s services. This leadership …
Thank you. Please proceed.
Sen. Owen Darrell: Thank you, Mr. Chairman.
CABINET OFFICE
HEAD 9 —CABINET OFFICE
Sen. Owen Darrell: Mr. Chai rman, the Cabinet Office operates at the centre of the public service providing leadership advice and guidance to ensure delivery of Government’s policies and Government’s services. This leadership is seen in the fiscal discipline within the Cabinet Office and the example set in the reduction of expenditure to ensure that critical programmes in other areas can be funded. It gives me great pleasure to present the budget for Head 9, the Cabinet Office, found on pages B-40 through B -46 of the Budget Book. Mr. Chairman, the total expenditure as seen on page B -42 is estimated to be $32,162,000 for 2022/23, and represents a decrease of $6,860,000, or approximately 18 per cent less than the current budget of 2021/22. A portion of this decrease is owed to the trans fer out of the Bermuda Economic Development [Corporation] grant as well as the Bermuda Business Development Agency grant to the Economic Development Department which now lies within the Ministry of Economy and Labour. In addition, Mr. Chairman, the respons ibility for the Molecular Diagnostics Laboratory (MDL) will now reside with the Mi nistry of Health which accounts for [ the] $1.9 million decrease under the National Health Emergency, the last line item o f the general summary of page B -42. Mr. Chairman, the subjective analysis for the Cabinet Office can be found on page B -43 of the E stimates Book. Please allow me to highlight the mater ial object code increases as well as decreases. Salaries, line item 1, estimated at $6,866,000, represent s an increase of a pproximately 9 per cent, or $539,000 compared to the current 2021/22 budget provision. This increase is due to the Cabinet - approved addition of two permanent secretary posts, which comes as a result of the Cabinet’s recent approval of a minimum structure f or each Ministry to i nclude a permanent secretary, a co ntroller, a policy analyst as well as an administrative assistant. The increase will also fund a legal counsel post within the PATI/PIPA unit. Mr. Chairman, legal advice is required for the implementat ion of privacy and compliance, with PIPA in particular, third- party and vendor contracts. Sharing and cross -border transfers of personal information necessitate thorough reviews by privacy -trained legal counsel in order to minimise adverse consequences to the protection of personal information. Legal counsel will also be required as Bermuda establishes an international adequacy framework. Additionally, inter-pretation of elements of the PATI Act will benefit from legal advice facilitating targeted respons iveness linked to the application of the Act. Mr. Chairman, within wages, line item 2, there is a decrease of approximately $450,000, or 75 per cent. These wages relate to weekly paid temporary additional staff within the allocation of the National Health Emergency Fund and, Mr. Chairman, as already mentioned, will transfer to the Ministry of Health on April 1. Mr. Chairman, while on the topic of MDL, please allow me to present a quick overview of MDL’s activities over the course of the past year. MDL met the country’s needs by expanding its testing capacity for the SARS -CoV-2 virus. In 2020, MDL averaged 3,000 monthly tests. However, in 2021, at the height of the outbreaks, the lab was conducting the same volume of tests daily. Testing during the various outbreaks led to the identification of more than 8,000 positive cases. The high transmissibility of the latest Omicron variant produced our highest positivity rate yet, 17.28 per cent in January, or almost one positive result in every five tests processed. The ability of the team to adapt to the i ncrease in sample collection and laboratory testing was largely due to MDL moving to Warwick, to a purpose [-built and] renovated facility in June of 2021. The new lab has greater storage capacity, more space for tandem PCR runs, and its central location allows for faster specimen reception. Mr. Chairman, in addition to the change in l ocation, the MDL team improved efficiencies in the identification and public health management of cases by modernising the result notifi cation process. Clients were emailed their positive results directly, allowing for fast action, isolation or quarantine. MDL also pr ovided four -hour expedited service for travellers who opted to pay. This was an example of our teams working more effectivel y and strategically to protect our communities during a pandemic that has been challenging to the economy. During 2021, Mr. Chairman, MDL also focused on internal staff development finding ways to encourage young Bermudians to engage in science. MDL hosted three summer student programmes dur-ing which [the] MDL team taught methods and walked students through the sophisticated molecular diagnostic processes occurring in the laboratory. The youth
Bermuda Senate engagement extended to the community testing teams as MDL began school testing initiatives during the regular school term and summer vacation. In October of 2021, MDL began a partnership with the New York Genome Center to sequence known SARS -CoV-2 positives. Mr. Chairman, through this partnership, MDL was able to identify the first in-stance of the Omicron variant on the Island. In 2022, MDL will continue its work supporting the pandemic response. At the start of this fiscal year, a long- term strategy for lab operations and research will be established. MDL, which is currently provisio nally registered with the Bermuda Health Council, is working toward full ISO accreditation this calendar year and is seeking laboratory technician certification in molecular diagnostics for relevant team members. Finally, Mr. Chairman, as has been the case from the day it was formed, MDL with its new partners in the Ministry of Health, will be committed to operating a highly effective lab network, for the people of Bermuda, by the people of Bermuda. This was achieved through the commitment and dedication of Dr. Carika Weldon who led the MDL team through the most challenging periods of the pandemic. Mr. Chairman, returning to the variances, this transfer out also accounts for decreases in: • Transport , line item 5 , of $50,000 representing the freight charges related to the import of COVID -19 medical supplies and equipment; • Rentals , line item 10, in the amount of $33,000; as well as • Equipment , line item 15, a significant d ecrease of $912,000 relating to the transfer out of funding for COVID -19 medical supplies and equipment. Mr. Chairman, the transfer of MDL to Health did result in a decrease of Professional Services (back up to line item 9) overall, there was an increase of $224,000, or 9 per cent compared to 2020/21. Please note, Mr. Chair man, this increase represents a reprioritisation of funds to provide for a centralised Gover nment Wellness Programme. As a reminder, the Government of Bermuda Employee Wellness Committee was established to address the employee wellness objective as set out in the Government’s Reform Initiative to ensure health and well -being of its officers. An objective of the people component of Government Reform was to have 50 per cent of public officers participate in a Gover nment Wellness Programme. As the pandemic pr oved to be ongoing it was imperative that the corporate wellness programme continue. As an employer, the Government was forced to adapt [by] approaching employee wellness differently. The health crisis ushered in significant wor kplace challenges and chan ges. While the Government was working tirelessly to adapt to the public health crisis [and] the massive economic and social cha llenges caused by the pandemic, we also were re-quired to focus on employees and the health of public officers to enable continuit y of services. Research has suggested, and is readily apparent, that the pandemic required and continues to require greater focus on mental health. Consequently, the Employee Wellness Pr ogramme in 2021 was m ental health and w ell-being under the theme of “Mental Health Matters.” Improving the mental health of public officers, making them mentally resilient to stress es of the pandemic assisted and continues to assist in improv ed thinking, decisionmaking, workflow, and relationships at work resulting in inc reased productivity. In addition, Mr. Chairman, an employee wor kplace stress survey was conducted in June 2021 to identify the impact of workplace stress and the factors contributing to stress for public officers with the aim to develop and offer program mes to reduce stress levels. Survey result highlights indicate that 44 per cent of employees feel stressed at work o n a typical day. The top three causes of work stress are the nature of the job and its responsibilities, volume of work, and relationships w ith other employees. Mr. Chairman, 42 per cent stated that they worked very long hours ; 46 per cent stated that they too had too much work allotted to them. Further results highlight ing recurring themes on what the organisation can do to help employees cope with work stress, such [ as] therapeutic support, mental health GEHI coverage, realistic expectations , spread the work evenly, improve staffing levels, more options for the wellness programme, mental health wellness days/stress [days ], incentives, improve lea dership/management training, and flexibility with r emote working and improved work schedules. Based on the survey results, Mr. Chairman, there is a need to continue to strengthen the wellness programme. For 2022/23, there is a total allocation of $340,000, the amount of which is not fully reflected in the stated increase of Professional Services due to the already mentioned decreases in other areas such as the transfer out of MDL. The budget will be used to organise mental health courses and worksh ops for leadership, management, and employees with mental health providers as well as activities and events des igned to continue promoting mental health wellness in the public service to assist to achieve the Government Reform wellness objectives. Mr. Chairman, the Government of Bermuda is determined to recognise and assist our valuable public officers in managing the stress es of work. The continuity of services is critical to the Island’s stability and in innovative ways public officers have met this challenge. The allocation of this funding is a tangible measure to demonstrate our concern for these women and men and their well -being. Mr. Chairman, it will be recalled that an I mplementation Team was budgeted for in the previous 264 24 March 2022 Official Hansard Report
Bermuda Senate year and I am pleased to c onfirm that the Implement ation Team funding has been renewed and is in General Administration , cost centre 19000, at page B -42, in the amount of $750,000. In this fiscal year, the pri ncipal focus has been the advancement of the Ec onomic Recovery Plan. Efforts to stand up the Economic Recovery Plan Project Management Office (PMO) commenced during the current fiscal year. KPMG was retained to undertake preliminary work to activate the unit. The work resulted in recommendations to focus actively around four lead initiatives and other specifics regarding goals, economic outcomes, approach to action planning for lead initiatives, the alignment of resources and activities to be undertaken by the Ec onomic Recovery Plan Project Management Office. KPMG was supporte d by the PMO Consultant Project Coordinator, Ryan Robinson Perinchief. He continues to provide project management support in the areas of research and analysis, planning, schedu ling, and monitoring activities. Further, he is engaged in providing policy dev elopment support on specific social development initiatives under the ERP such as the Cheaper Food initiative. Finally, Mr. Chairman, returning to the subjective analysis and remaining material variance as seen in Grants and Contributions (the last line i tem) which shows an allocation of $20,165,000, a decrease of $6,274,000 below 2020 /21. This is a result of the already mentioned transfer out of the Economic Deve lopment Department of both the Bermuda Business Development Agency (BDA) and the Bermuda Ec onomic Development Corporation (BEDC) grants . Mr. Chairman the Bermuda Tourism A gency grant, r educed for 2022/23 by $1,460,000, as highlighted on page C-17 of the Budget Book will continue to reside within the Cabinet Office.
The Bermuda Tourism Authority Sen. Owen Darrell : Mr. Chairman, the Bermuda Tourism Authority operates as the destination marketing organisation for the Island’s crucial tourism sector. The global tourism industry has faced wide- reaching challenges over the past two years and Bermuda ha s not been spared. The Authority continues its mission to develop Bermuda’s tourism industry by growing the number of visitors to Bermuda, increasing visitor spending and nurturing the environment for job creation. Mr. Chairman, in the 2022/23 fiscal year, the Government will invest $20,040,000 into the Bermuda Tourism Authority to support the crucial tourism indus-try for the purpose of rebuilding our economy and building workforce capacity pipelines. Total income from the BTA is forecast to be $28,600,000 . The additional $8, 600,000, or $8.6 mi llion, is forecast to come from fees paid by visitors staying in our hotels, vacation rental units, and cruise ship passengers. Accurately estimating total income remains a challenge, but, as in previous years, the BTA will regularly review all expenditures and take any necessary action in light of new information affecting income streams. As is always the case, the vast majority of BTA funds is spent on selling and marketing the destination. When adjustments are necessary, funds all ocated for sales and marketing are prioritised. Of the estimated income for 2022, the Sales and Marketing Division will be allocated $21,446,000 representing a 76.1 [per cent ] of the total expenses . [The] Business Intelligence and Technology Division will be allocated $1,407, 000, representing 5.2 per cent of the total expenses . And the Operations Division will be allocated $5,282,000, representing 18.7 per cent of total expenses. Mr. Chairman, the BTA is also working with the Bermuda Business Development Agency and the Economic Development Department to reinvigorate interest in new and existing hotel development sites across the Island. Additional rooms and conference facilities will open the Island up to more group bus iness, stimulat e investment opportunities, and support demand throughout Bermuda. Without additional hotel capacity, Bermuda will be challenged to plan for group business sales and increased airlift, which underpins so many el ements of our tourism growth strategy. Bermuda has suffered the impact that sudden changes in the major airline carriers’ schedules inflict on our tourism industry. Airlift and hotel inventory are interrelated and co- dependent. Bermuda's reduced hotel inventory has had a negative impact on Berm uda's airlift. The BTA are focused on partnering with the airlines and developing co- op programmes to fill exis ting flights and fuel demand to necessitate an expansion of the schedule. BTA works closely with its partners at the Bermuda Airport Authority, S kyport and the Ministry of Transport to shape and execute Bermuda's Air Service Development Strategy. The BTA gathers and shares vital data on Bermuda's visitors and works to build demands to fill seats, continually striving to expand airlift. Though extre mely challenging during the disruption of COVID -19, there are several accomplishments to note. Bermuda negotiated and secured a switch from Gatwick to Heathrow with British Ai rways, opening up greater connectivity to Europe. Our collaborative partnership with American Airlines yielded expanded service from their Charlotte hub that proved so successful that it is now a part of their permanent schedule. Routes lost during COVID -19 that have not yet returned were winter service from Boston, and summer serv ice from Washington, DC. These two markets are always in the top five visitor source mar-kets even in times without direct flights. The BTA recognises the importance of having direct service to and
Bermuda Senate from these markets and will support airlines willing to serve them with marketing co- op programmes. The return of cruise ships will play an i mportant role in the sector ’s recovery in 2022, contri buting to local businesses, tax revenue and jobs. Bermuda looks forward to welcoming more than 170 cruise ship calls th is year. Mr. Chairman, articulating the value propos ition for the BTA is more critical now than ever before. Through organisational reform, there is a laser -focus on managing operational and organisational efficiencies and a strategic staffing plan has been designed to position the organisation to lead and support reco very of their industry. Staffing and operational costs are being held in line with last year’s budget. Pre- pandemic the BTA had a budgeted headcount for 55 roles. The BTA now fulfils the sam e functions with a current headcount of 34, of which 91 per cent are Bermudian or spouses of Bermudian employees . Mr. Chairman, each year the BTA sets objectives to maintain momentum towards achieving the long-term National Tourism Plan objectives while a ddressing the immediate needs of the Tourism Industry. The objectives set out for the BTA team to achieve in 2022 are • to increase visitor spending to $260 million, or 50 per cent of 2019; from $126 million in 2021; • to increase visitor spending directly inf luenced by the BTA to $64.3 million, or 75 per cent of 2019 (this includes group and event bookings and leisure promotions that can be directly tied to BTA activities); • to increase the share of leisure visitors co ming from UK and Europe from 8 per cent in 2021 to 14 per cent; • to increase superyacht economic impact to $2.6 million; • to increase air and cruise visitors ’ likelihood to recommend Bermuda to their friends and rel atives to 81 per cent.
Brand Study
Sen. Owen Darrell: The BTA conducted a compr ehensive RFP for a brand study and selected Proverb, a Boston- based agency, led by Bermudian Daren Bascome. The study was conducted to better understand the new post -COVID -19 traveller, and adapt a way to communicate, promote, and serve the market. As the trav el industry spends billions of dollars luring eager travellers to their destinations, this brand study provided a full audit to help identify the strengths and weaknesses of the current brand strategy, messaging, and visual identity. This led to a full brand assessment and will inspire the direction of new sales and marketing materials. This brand shift will reflect the findings and provide a new direction for the BTA as they bid to recapture Bermuda’ s share of the surging travel i ndustry. Proverb will assi st in providing clear strategic brand direction as it is infiltrated across marketing channels.
Marketing and Communications
Sen. Owen Darrell: Traditionally, 15 [per cent] to 20 per cent of Bermudian visitors come from Europe and Canada. The BTA has partnered with Reach Global in Canada, and Hills -Balfour Agency in the United Kingdom, to represent Bermuda and build customised travel packages to restore and grow these important markets. The BTA has been working directly with British Airways, Air Canada, and WestJet to build and drive demand. The BTA are hosting familiarisation trips to our tour operators and media to provide a first -hand, personalised experience and education to take back and raise awareness for Bermuda throughout Canada and Europe. Wit h the negotiated switch from Gatwick to London Heathrow, Bermuda has gained powerful access to significantly more European and international connections, and Bermuda is poised to take full advantage of this opportunity . Customised co- op marketing program mes are now in development with Air Canada and every major US carrier that services Bermuda, to partner with the airlines to create and drive demand. BTA’s focus on niche and group travel will be critical to achieve the incremental visitation and demand needed to incenti vise airlines to return to a more robust schedule. With the further relaxed protocols that went into effect on March 7, the BTA is introducing a new comprehensive marketing campaign, informed and directed by the aforementioned brand study c onduc ted last year. BTA is rebuilding and will soon relaunch the “Go To Bermuda” website to feature improved navigation and search- ability and make it easier for visitors to connect with Bermuda in a more personal way. Using the “personalisation” platfor m we can derive specific information [about] t he type of acco mmodation they prefer, the types of activities they enjoy, and experiences that they are looking for . The new website will connect travellers with the Bermudian experience that is just right for them.
Sales
Sen. Owen Darrell: A large part of the BTA’s sales strategy is to establish Bermuda as a year -round destination with more balanced seasonality by pursuing groups to fill our traditionally softer months. Despite the closure of the Island's lar gest conference facility in Fairmont Southampton, the BTA sales team has not let that deter them from securing group business and have pursued niche travel opportunities to grow sales. 266 24 March 2022 Official Hansard Report
Bermuda Senate Sport is proving to be a powerful engine for new business. In addition to being an important part of Bermuda's legacy, we offer an attractive destination with world -class facilities, from our beautiful golf courses to the National Sports Centre and an ideal sailing environment. We are filling the 2022 calendar (and beyond) w ith competitions that bring visitors back to Bermuda, fuel our air and hotel demand, create excitement, and pride in our community, and deliver valuable media coverage, such as the recently s ecured US Track & Field (USATF) Bermuda Games that will be broadc ast live on NBC, with rebroadcasts around the world representing millions of dollars of media value. This is a testament to Bermuda's capac ity as a destination to deliver high profile sporting events.
Workforce
Sen. Owen Darrell: Mr. Chairman, to underst and the industry’s workforce demands, in July 2020 the BTA commissioned PwC to engage the h otelier group to report on their workforce challenges, including the impact of COVID -19 and the closure of Fairmont Southampton. Not surprisingly, the data showed an oversupply of hospitality workers from around 575 to 716, but those numbers were derived from assumptions that the worst of coronavirus would be behind Berm uda and that there would be a confirmed opening date for the Fairmont Southampton. We will commence an update of the industry workforce analysis to get a truer understanding of where the capacity gaps exist, so that we can commence on addressing the gaps through core training, leadership readiness and upskilling initiatives. The first hotelier stakeholder meeting [of this renewed push] was held on 1 December 2021 to di scuss plans that sought to address the capacity gap and ways hoteliers c ould collaborate and speak with one advocacy voice. The immediate action resulting from that meeting was the firs t collaborative recrui tment drive which saw about 200 applicants competing for a myriad of hotel roles for the upcoming season.
School Programmes
Sen. Owen Darrell: The BTA will continue supporting and implementing hospitality skills and career priming programmes into local middle and high schools, both private and public . The Hospitality Skills Equals Life Skills programme supports career pathways by creat-ing interest within primary school -age children for the possibility of a tourism career. With respec t to the si gnature school education initiatives , the BTA will be working with the Ministry of Education and all other relevant parties on assisting with the creat ing of ac ademic modules, appropriate practical skills training, individual and group projects focused on real -world issues, including internships and meaningful work placements. Mr. Chairman, while the trajectory of the pandemic and the potential impact of the war in Ukraine is uncertain, we continue to move forward to build the foundation of a thriving tourism sector. From a public health perspective, the Island has shifted gears and we have transitioned our approach to consider the lowered risks [and] the heightened understanding [ of] the new global landscape. It is important to note that whi le our focus on infrastructure, inventory and airline capacity remains steady, the BTA in concert with partners in Gover nment and in the private sector will continue to roll out training and development initiatives to prepare [ the] Bermudian workforce for future growth. Beyond development of the sector’s human capital, we are seeing progress in improvement of the hotel stock , including the opening of the Tapestry by Hilton Bermudiana Beach Resort in 2023, the refur-bishment of Cambridge Beaches, the continu ed expansion of Azura and its sister property Nautilus, and the impending return of the Fairmont Southampton. Also a ccelerating hotel investment thr ough changes in the Tourism Investment Act aggressively leveraging group sales opportunities and building capacity through marketing are critical for our recovery. Despite challenges over the past two years, the Bermuda Tourism Authority is building the found ation not only to meet but eventually exceed 2019 levels. The organisation will pursue the ambitious goa ls outlined in their National Tourism Plan to provide sustained growth for the future. Mr. Chairman, as I close this portion of the brief and move on, I wish to thank the BTA, led by the Board Chair MP Wayne Caines, the Board of Directors including the MP Kim Swan, and the leadership of the BTA led by Mr. Charles H. Jeffers II.
Manpower
Sen. Owen Darrell: Mr. Chairman, as seen on page B-44, e mployee numbers , there is a total increase of four FTEs in 2022/23 compared to the 2021/22 orig inal FTE estimates . This results from the already mentioned two additional permanent secretary posts under business unit 19000, General Administration , as well as [the] legal counsel post in the PATI/PIPA unit also mentioned [within the ] explanation provided for [ the] incre ased salaries in line items. [The] additional FTEs within [business unit] 19085, the PATI/PIPA unit is technically not an increase but merely a prolonged administrative task to transfer the post out of the already dissolved ICT Policy and Innovation Depar tment that should have been reflected in last year’s employee figures.
Bermuda Senate Capital Expenditure
Sen. Owen Darrell: You will note that in accordance [with] page C -4, there are funds allocated for Capital Development in the amount of $570,000. This is a reduced carry -forward from the original 2020 /21 allocation of $1,070,000 for the Shoreside facility which, Madam Chairman, you will note was entirely unspent in 2021/22 —sorry, Mr. Chairman. As seen on pages C -9 and C -10, there w as no capital acquisition submissi ons for 2022/23 for the Cabinet Office. Mr. Chairman, the Cabinet Office has also been pleased to demonstrate this Government’s support for the Island’s community clubs . Mr. Chairman, I now turn my attention to Output Measures.
Output Measures
Sen. Owe n Darrell: The performance measures developed by the Cabinet Office are found on pages B - 45 and B -46. The majority of the measures outlined in 2021/22 have been or are anticipated to be realized by March 31 with continuance throughout the 2022/23 period. Mr. Chairman, kindly allow me to highlight a few of these measures. Business unit 19035 , the London Office, achieved the majority of the objectives set [out] especially the first target of assisting Bermudians living in the UK, including students. As wa s previously seen on [page ] B-42, the London Office has a budget allocation of $1,176,000 for the 2022/23 fiscal year. Mr. Chairman, this office continues to provide service to the Government by maintaining our relationship with the United Kingdom, through high- level dialogue with the United Kingdom [Government ], particularly through increased e ngagement with departments of Her Majesty’s Government [HMG ] across Whitehall. While doing so, this office works in cohesion with g overnments of the Overseas Territories on shared policy areas across the Territories. The London Office is responsible for engaging with • both Houses of Parliament; • the UK Diplomatic Corps, such as Embassies and High Commissions; • the UK Overseas Territories Association; • the Commonwealth Sec retariat, along with UK-based Commonwealth Associations; • Bermudians living in the UK including st udents; • the general UK public, to include private companies; • Civil Societies; and • all those who have a general or vested interest in Bermuda. For the fiscal term 2021/22 the primary function of the London Office was to provide the neces-sary immediate assistance and guidance through its consular function to Bermudians living and studying in the UK and throughout Europe as a result of the i mpact of COVID -19. The nature of consular assistance continues to range in levels of varying circumstances from assisting students transitioning to the UK , to matters of critical nature such as repatriation as well as the pr ovision of advice in matters of hardship. The offi ce works with the local UK councils and authorities to ensure Bermudians are afforded their rights and ent itlement while in the UK, and in most cases, clarifying the right of British Overseas Territory c itizenship which impacts on Bermudians obtaining hous ing and employment. Mr. Chairman, similar to the objectives and targets achieved in 2021/22, the functions of the Lo ndon Office for the fiscal term 2022/23 will be the following : • to continue to support [ Bermudians ] for the UK and Europe with its consular affairs; • to maintain dialogue across the UK Parli ament by engaging with UK Members of Par-liament; • to continue engag ing with UK civil servants in departments across Whitehall and all policy matters relating to Bermuda; • to support Bermuda’s Financial Ser vices r egime; and • to implement the political commitments made through the Joint Ministerial Council in N ovember 2021. For fiscal year 2021/22, Bermuda held chai rmanship and presidency amongst the Overseas Terr itory governments through the United Kingdom O verseas Territories Association. During Bermuda’s pres idency the London Office was ultimately responsible for representation and coordination amongst 14 Overseas Territories for our presence at COP26 in Glasgow under the leadership of our Deputy Premier. O ur presence and involvement gave Bermuda the opportunity to present our success in environment al protection on the world stage. Finally, Mr. Chairman, as noted in the Manpower section, the London Office has not increased the number of FTEs . But I would also like to mention that it does provide experience to graduates through its current internship progra mme . Mr. Chairman, on the topic of internships, the Brussels Office will also provide opportunities to young Bermudians to gain experience working in Brussels. The office, as seen on page B -42, has been allocated $344,000. It is managed by the UK Repr esentative through the London Office while work on the ground is overseen by the Government’s [Senior ] Advisor of European Affairs and Policy. The objectiv es of the Office for fiscal term 2022/23 will continue to be: 268 24 March 2022 Official Hansard Report
Bermuda Senate • maintaining close dialogue with the European Commission, Council and European Parli ament and other EU institutions; • facilitating access of the Premier and Mini sters to key persons in upholding the Gover nment’s presence in Europe; and • working in cohesion with the Ministry of F inance to support Bermuda’s global position as a robust regulatory financial regime. In par-ticular, focusing on Bermuda’s removal from Annex II in the next relevant meeting of the EU Council of Ministers, currently scheduled for October 2022. Mr. Chairman, still on page B -42, you will note the [Washington,] DC Office shows an allocation in the amount of $244,000 for rent and insurance expense only. While there was a determ ined effort to sublet it in accordance with the existing lease, a sublet tenant was not secured. However, Mr. Chairman, I am pleased to confirm that the office will be staffed this year. An individual has been identified and discussions are now underway to effect an engagement for a representative presence in Washington, DC. Mr. Chairman, let me redirect to the measures of [page] B -46, where I would like to turn your attention to the business unit 19080, Head of the Public Service. I am pleased to provide an update on the second measure to develop a five- year public service plan that requires the review and justification of services provided by Government by June 2020. Honourable Senators will recall that this measure derives from the objectives set out in the Government Reform Strategic Framework and the development of the Plan has not yet been realised. The recommendations that will inform the Plan d epend largely on the data gathered as a part of the z ero-based budgeting (ZBB) process. An analytical tool to assess the public value of government services was tested in the 2020/21 budget cycle, refined, and implemented in earnest as part of the preparation for the fiscal 2021/22 budget. A quantitative analysis of the data was completed and a qualitative rev iew followed. The data will now be reassessed drawing on the output from the 2022/23 budget data and further decisions will be made with respect to the future of public services. The data will enable the Government to determine the relative public value pr ovided by each government service. Thereafter the Government will be able to make informed decisions regarding the services as it is able to provide to the public. Mr. Chairman, with respect to Customer Complaints, the third of the output measures, while the feedback system has not yet been implemented, development is a work in progress and it is expected to launch in the coming months. Mr. Chairman, you may recall that the feedback system is designed to enable the public to easily report via an online sys tem their satisfaction or dissatisfaction with any gover n-ment service. Members of the public will be able to identify those public officers providing exemplary services, and similarly, those whose service fails to meet the Government's standards for servic e delivery. Mr. Chairman, the Government has completed a Service Standards Policy. The policy on Service Standards has been implemented government -wide in order to standardise customer service approaches and provide direction to departments on the expect ations of their service delivery. The entire public service is currently engaged in service standards awareness training with a target completion date of March 2022. All public service employees will have an understanding of the Government service standards, their r esponsibility to uphold them, how they can use the standards to promote a culture of service excellence, and the benefits for being a service provider of excel-lence. Mr. Chairman, with respect to the final measure, a total of 31 public officers participated in the pilot Leadership Programme. The Public Service Leadership Programme is a structured programme designed to develop key leadership competencies and is aligned with the succession planning programme. It was ultimately determined that the p ilot programme, which included three management training groups at an executive, management and introductory levels, would continue for a two- year period to allow officers sufficient time to complete the activities set out in their individual development plans. The pilot group will conclude the programme in the early summer and a new cohort will commence the leadership develo pment programme this fall. Mr. Chairman, the programmes mentioned above are all evidence of steps taken towards the i mplementation of the Government Reform Plan which has our people, that is, our employees, and IT infr astructure as its current priorities. Other work impl emented or commenced in accordance with the reform agenda include a public service excellence awards initiative, the employee wellness programme already mentioned and the completion of the succession planning policy and commencement of a government - wide compensation strategy review to name a few. Mr. Chairman, five cases of gross misconduct remain outstanding and our ability to meet our performance target in this regard has been hampered by a dispute between the Office of the Head of the Public Service and the Bermuda Industrial Union over the authority of the Head of the Public Service to conduct Gross Misconduct Hearin gs. The matter has been referred to the Employment and Labour Relations Tr ibunal for consideration and we await a decision. Mr. Chairman, allow me to turn your attention [to], as well as to expand on, the last business unit under Performance Measures,19085, where we see the first measure as achieved. The PATI/PIPA Unit is responsible for the c oordination of the Public Access to Information Act
Bermuda Senate (PATI) and the Personal Information Protection Act (PIPA). In addition, the unit maintains the PATI Code of Prac tice, provides general advice and guidance to public authorities, Information Officer training and car-ries out administrative responsibilities assigned to the Minister in accordance with the Act. PIPA responsibil ities include the development and implementation of the Privacy Programme for the Government of Bermuda, as well as the establishment of the Privacy A dequacy strategy to enable the smooth flow of personal information between Bermuda and other international jurisdictions. The unit ultimately support s the Government in creating a beneficial, transparent and data protec-tion environment that underpins our economic ecosy stem. This unit works in collaboration with the Offices of the Information Commissioner and the Privacy Commissioner to both ensure the information and pr ivacy rights in the jurisdiction. The work of the unit also plays a key role in the Government’s effort towards transformative change in how the Government and our jurisdiction manage information. The Government of Bermuda interacts with the public, the broader community, and international entities and individuals on a regular basis. This interaction includes the collection, exchange, retention and disposal of personal information using physical and electronic methods in the course of conducting ever yday business and social processes. As such, the Government handles and holds a great deal of information related to such processes, as well as a signif icant amount of personal information. It is therefore important that the rights of access to information and privacy principles are ingrained in the Government’s operations and culture. Mr. Chairman, the PATI/PIPA Unit has been allocated $881,000, an increase of $417,000 which, as detailed under the subjective analysis, specifically salaries, mostly relates to the transfer of one post from an already dissolved ICT department as well as the legal counsel. Requirements specified for the unit, Mr. Chairman, include: • development and implementation of an organ-isational structure to enable the requi rements of the unit; • implementing strategic, programme, oper ational and administrative measures to deliver upon the requirements of PATI and PIPA; • policy, procedure, guidance and template a dministration; • liaison with the respective regulatory author ities; and • training, awareness and communication deli very. The unit will play a significant role in the administration and facilitation of the compliance r equirements for both Acts. Mr. Chairman, in line with the 2021 Throne Speech undertaking, a full rev iew of the PATI fram ework, both legislative and operational, will be conducted. Mr. Chairman, the law and internal administr ative practices must keep pace with the increasingly complex work of the Ministers and public officers. In determining how to manage documents for which requests have been made, it is critical to the efficient management of Government that information officers can properly apply the law. The last year has seen much development in the world of data protection and privacy. Brexit, th e passage of significant pieces of privacy legislation in the United States and globally, the increase in data breaches and the impact on customers as well as the requirements for cross -border data transfers has underlined the importance of data protection and privacy to a jurisdiction. The unit has worked in collaboration with the Privacy Commissioner and the Information Commissioner to examine PIPA ahead of the next phases of it coming into force. We will soon see amendments to PIPA and the harmonisation of PIPA and PATI. Additionally, harmonisation of PIPA with other pieces of legislation will continue to be identified and brought forward accordingly. Mr. Chairman, when PIPA is fully in force, it will have significant implications for the entire jurisdi ction. The Privacy Commissioner has responsibility to provide guidance relating to the implementation of PIPA in the jurisdiction. Guidance notes related to the elements of PIPA, as well as best practice and best advice for implementation, are available on the office’s website. The unit has integrated this best practice into the Government’s privacy programme and encourages all organisations to become familiar with the i mplementation steps that will help them comply with PIPA. [Those are:] • Conduct an inventory and classify or, "map" the personal information that is used in their processes. • Document, in policies and procedures, how personal information is to be “used” in an organisation and how PIPA requirements will be met, such as [for] individual access r equests and incident response. • Provide appropriate training and awareness to staff and others, like vendors and service pr oviders, who have access to the organisation’s data. • Analyse the privacy risk to the organisation, using tools such as "Privacy Impact Assessments." Mr. Chairman, in addition to the steps mentioned above, all organisations, including the Gover nment, will be required to notify residents as to how and why their personal information is collected, used and stored through “Privacy Notices.” PIPA also i mpacts interactions with other organisations, including 270 24 March 2022 Official Hansard Report
Bermuda Senate vendors. Risk assessments will therefore become i mportant in the contracting process for the Government of Bermuda. Mr. Chairman, privacy intersects with many other requirements for the processes underway within the Government. For example, information technology security, cybersecurity, which is the protection of electronic data from criminal or unauthorised access and use, is an important component of PIPA compliance. The PATI/PIPA unit will work in collaboration with the Ministry of National Security, the Information and Digital Technologies Department (IDT) and the Cybers ecurity Governance Board to support the implement ation of the Bermuda Cybersecurity Strategy, specif ically in relatio n to data breach requirements. The unit will also ensure that it leverages and promotes the Government’s records management requirements, complying with the regulatory requirements while also reflecting good governance. Additionally, the unit will aid in t he ongoing reform process, helping to ensure that privacy by design and default is an integral component of the Government programme initiatives. Mr. Chairman, at this time, I take the opportunity to extend my thanks to all of the staff at the Cabinet Off ice for their ongoing contributions and dedication to serving the people of Bermuda. Mr. Chairman, this concludes my presentation of Head 9.
The ChairmanChairmanThank you, Senator. Please proceed with Head 13. Sen. Owen Darrell: Thank you, Mr. Chairman. HEAD 13 —BERMUDA POST OFFICE Sen. Owen Darrell: Mr. Chairman, I am happy to pr esent the budget for Head 13, Bermuda Post Office found on pages B -47 to B -53 of the Budget …
Thank you, Senator. Please proceed with Head 13. Sen. Owen Darrell: Thank you, Mr. Chairman.
HEAD 13 —BERMUDA POST OFFICE
Sen. Owen Darrell: Mr. Chairman, I am happy to pr esent the budget for Head 13, Bermuda Post Office found on pages B -47 to B -53 of the Budget Book. The Bermuda Post Office, Mr. Chairman, is governed by the Post Office Act 1900, t he Post Office Regulations 1933, and the Post Office (Departmental Administration) Regulations 1933. Postal services are provided from the General Post Office (known as the GPO), located on Church and Parliament Street, the Mail Processing Centre (also known as the BMPC) located at New Venture House on Mills Creek, and currently seven sub- Post Offices located throughout the Island. Sub- Post Offices are located in Crawl, Devonshire, Flatts, Mangrove Bay, Southampton, St. George’s, and Warwick. Mr. Chairman, the Perot Post Office was converted to a COVID -19 testing site in 2020 and conti nues to be used for that vital function. Postal services that were normally available there before COVID -19 continue to be provided at the GPO. Mr. Chairman, the mission of t he Bermuda Post Office is To provide the general public with accessible, affordable and efficient postal service. The Bermuda Post Office is a member of the Universal Postal Union [UPU] and works to ensure that it meets the universal service obligations t o the residents of Bermuda as Bermuda’s national postal service provider. The post office aims to deliver mail consistently within four working days. In fact, the post office delivers 98 per cent of all local and international mail received in Bermuda within four working days and all arrival notifications of international parcel mail, to advise customers of incoming parcel mail, within two working days. Mr. Chairman, the Bermuda Post Office is increasing its relevance in this current age of esubstitution and e- commerce and has taken full advantage of global opportunities in e- commerce. For example, MyBermudaPost was implemented in late November 2021. To date, they have over 1,500 MyBermudaPost members and have re- assigned staff for this new initiative, wh ile still maintaining local d elivery and service requirements. Mr. Chairman, the Bermuda Post Office has set the following strategic priorities for 2022/23: • continue implementing digital solutions in service, home delivery and local logistic services; • generate additional revenue through its website, extend the customer base and online sale of postal stamps and products; • increase overall efficiency via implementation of online forms, a more user -friendly website and direct payment functionality for PO boxes and other payment fees for customers; lastly • most importantly, the post office will become more customer focused and will conduct extensive customer service training for staff. Mr. Chairman, the Bermuda Post Office hopes to continue its success story i n meeting the mandates and challenges to reform its business model. That is: • meet the postal needs of the people of Ber-muda; • meet the mandates of the Government of Bermuda in service, policy and mail delivery; and • provide an efficient postal service. Mr. Chairman, the Bermuda Post Office is not just a local post office. It continues to play a part in global security through its international obligations and compliance requirements with its global postal par tners regarding electronic advance data (EAD) transmission and increased standards in delivery and qual ity of service. It is also hoped that during 2022/23 EAD data for all incoming and outgoing mail items will be transmitted electronically to Customs to assist with their border control and revenue protec tion respons ibilities. Mr. Chairman, it is a well -known fact that the traditional letter mail is declining, and the Bermuda Post Office must retool itself to survive and to remain relevant. The post office is a government asset that
Bermuda Senate should be both sustainable and competitive in order to survive. As mentioned previously, MyBermudaPost, online payments, home delivery of parcel mail, and a renewed focus on customer service, its quality in ser-vice and individual accountability, will assist in transforming the post office. This, coupled with the i ncrease in emphasis on staff training and development, and the use of technology to drive postal improv ements, will make the BPO a preferred option for local residents. Mr. Chairman, the Bermuda Post Office’s new webs ite www.bermudapost.bm continues to be a benefit to customers. Post office customers can track and trace incoming and outgoing mail items, open an online account and find information on all postal products and serv ices, in addition to links to government departments. Mr. Chairman, the post office will continue to utilise its Island -wide network to improve revenues via: • promotion of local e- commerce shopping; • promotion of bulk mail services and delivery; • promotion of direct and national flyer mail and marketing mail services; and • improved logistics, services and local package delivery. Mr. Chairman, the Bermuda Post Office recognises that to remain relevant it also must continue to generate additional revenue and t o be innovative. The Bermuda Post Office’s current business plan will be evaluated to explore new products and service opportunities while improving customer service as an effective marketing strategy and expansion of current services. Mr. Chairman, the B ermuda Post Office is comprised of the Administration Division and Oper ations Division. Although both divisional head positions remain vacant, the Administration Division includes administration and finance, information technology and philatelic services, while the Operations Division is made up of BMPC (Bermuda Mail Processing Ce ntre), the General Post Office (GPO), Sub- Post Offices and facilities department.
Expenditure Overview
Sen. Owen Darrell: As indicated on pages B -49 to B - 50 of the Budget Book, the Bermuda Post Office has been allocated a total of $8,934,000 for the financial year 2022/23. This amount reflects a decrease of $260,000, or 2.8 per cent, from the 2021/22 budget allocation of $9,150,000, and after 2021/22, salary estimates were revised.
Salaries and Wages
Sen. Owen Darrell: Salaries and wages continue to be the largest expenditure item at 90 per cent . . . I am sorry —90 per cent of total expenditure. The total estimate of salaries and wages for 2022/23 is $7,368,000; down from $7,613,000 in 2021/22 revised totals, a decrease of $289,000 or 3.9 per cent. The establishment list of 133 employees in 2021/22 r emains the same for the budget year 2022/23. Mr. Chairman, operational expenditures for the Bermuda Post Office make up the remai ning 18 per cent —sorry, the remaining 8 per cent of the expenditure of 2022/23. The major operational ex-penses include in the 2022/23 budget are rent, repairs and maintenance, energy costs, materials and su pplies. These are explained in the next paragraphs and represent the continued effort of the post office to r emain cost -effective efficiencies in operations. Training costs for the 2022/23 budget is at $12,000, which is identical to the 2020/21 budgeted amount, as more United Postal Union (UPU) training and industry workshops will be held online in 2022. Staff continue to be encouraged to take advantage of this training to increase their technical skill sets and overall post office efficiency. Communications expense is estimated at $72,000 for 2022/23, an increase of 3 per cent from the 2021/22 revised total of $70,000. This expenditure also includes telephone rental equipment, local and overseas calls and GPS devices. The increase in communication expenses includes mobile devices for the MyBermudaPost c ouriers for customer communications in delivery and eventually, to make online d elivery scans for customer sign- off [for] mail track and trace purposes. Rental expenses for the 2022/23 budget cycle is $319,000 allocated as rent for the Mail Processing Centre, which remains at the New Venture House at Mills Creek. Repairs and maintenance expenses totalling $463,000 for 2022/23 include charges for New Venture House, building repairs, cleaning contracts, cycle and vehicle repairs, and security services. Ex penses are estimated to decrease by only $2,000 compared to the previous 2021/22 revised budget of $465,000. Equipment totalling $12,000 for 2021/22 which includes furniture, fixtures, handyman tools and equipment, the BMPS lift, mail trays and racks i ncreases to $20,000 for 2022/23, due to increased pr eventive maintenance to ensure longevity in usage. Materials and supplies revised to $189,000 for 2021/22 will be up 3 per cent for the total of $195,000. The expenditure line includes costs for stamp production, printing, stationery and office supplies. Mr. Chairman, I would now like to go back to the smaller line items. The budgeted Transport costs, which include freight charges for the transport and handling charges of the mail to foreign postal admi nistrations are expected to remain the same in 2022/23 at $46,000, as the post office looks to continue eff iciencies in mail transport, frequency and route effectiveness. 272 24 March 2022 Official Hansard Report
Bermuda Senate Travel costs to support BPO required conferences, et cetera, as a member of the UPU and Caribbean Postal Union, remain $7,000 during the 2022/23 budget. Advertising and promotion expenses to cover an increased BPO marketing efforts via print media, Facebook and Instagram, is estimated at $49,000, which is lower than the 2020/21 budget by $5 4,000, or 9 per cent. Professional services include annual dues for UPU, Caribbean Postal Union (CPU) or EMS c ooperative and consult fees for the Stamp Advisory Committee. The 2022/23 estimate of $48,000 is a decrease from the 2020/21 budgeted amount of $89,000 as more reliance is placed on in- house expertise to reinvent the post office. The budget for energy costs, which includes electricity, gasoline and diesel for 2021/22 was r evised at $216,000. The budget estimate for 2022/23 is $213,000. Insurance expenses to cover vehicle fleets remain the same at $12,000. Uniform expenses will also remain the same during the 2022/23 financial year at $60,000 to meet negotiated obligations as the post office transitions into new uniforms for all staff. An annual savings of approximately $20,000 per year is expected from 2023, and the post office is grateful to its union par tners for making the new uniform and exchange policy a reality. Other Expenses include World Post Day recognition, staff -related expenses (retir ements, et cetera), office supplies, paper, [and] credit card commission fees. The 2020/21 revised budget for this line item was $48,000. An increase is expected in 2022/23 to $51,000, or 6 per cent. Mr. Chairman this concludes the commentary of the Bermuda Post Office for the 2022/23 current account expenditure.
Revenue Overview
Sen. Owen Darrell: Mr. Chairman, the Bermuda Post Office continues to provide postal and other services as mandated by the Government and regulated by local legislation and [UPU ] regulations. The total rev enue estimate for the year 2022/23, which can be found on [page] B -50 is $3,312,000. This is an i ncrease of $296,000, or 9.8 per cent, from the 2021/22 revised estimate of $3,016,000. Mr. Chairman, despite the COVID -19 interruption to local and residential activities, the Bermuda Post Office collected more revenue for government departments in 2021/22. In 2021/22 (to 28 February 2022), the Berm uda Post Office collected agency receipts of $923,000, which is more than the revenue collected in 2020/21 of $794,500. This is a reflection of the COVID -19 impact in 2020/21 and also points to the relevance of the post office to local residents as Bermuda’s national postal provider. This amount is broken down as follows: Custom duty collected $432,000; Department of Public Transportation bus passes, tokens and tickets sold, $197,000; Department of Education pre- school and after school vouchers sold, $255,500; the Department of Environmental Protection dog licencing fees at $38,500. Mr. Chairman, these amounts, plus the no cost delivery and courier service to the Bermuda Post Office continues to provide to other government departments and to Government House, are not included in the Post Office Revenue figures but should be recognised i n each respective department’s budget estimates. The services provided by the Bermuda Post Office in this context, adds to government -wide eff iciencies and effectiveness to the greater role the post office plays and to provide service opportunities for government departments while helping to reduce its annual operational costs. Mr. Chairman, the main revenue sources for the Bermuda Post Office are frankpost, postal meter sales, bulk mail, Post Office Box rentals, terminal dues revenue, and general stamp sales. Mr. Chairman, frankpost or postal meter sales is budgeted for 2022/23 at $400,000, with express and parcel services estimated at an additional $57,000. Postal meter sales is a most efficient way for small to large businesses to apply for postal and letter mail packages without having to buy physical stamps. Bulk mail budgeted for 2022/23 is $427,000, or the same as in 2021/22. Postal partners are large volume business mailers, as well as business mailers using the Post Office to market their products and services used in flyer mail that the Post Office can target delivery to specific addresses and/or Islandwide. Traditional letter mail volumes from busines ses have been steadily declining over the years due to other communication methods and e- substitution for bills, statements and e- mail correspondence. Business mailers continue to take advantage of flyer mail rates. This service is an inexpensive a lternative compared to other traditional and electronic media marketing to reach 38,000 residences , bus inesses and Post Office Box holders. Mr. Chairman, the value of offering lower delivery and marketing rates, and having the exclusivity with letter mail in Bermuda has helped the Bermuda Post Office to offset annual declines in traditional mail letter revenue. This is reflected by increased postal meter sales by $50,000 in 2022/23. Direct stamp sales revised revenue for [2021/ ]22 was $439,000 and is expected to increase in 2022/23 by $50,000 [ to] $489,000, or 11 per cent. The Post Office expects incr eased marketing efforts will be reflected in higher stamp sales revenue as the
Bermuda Senate COVID -19 impact on business and local needs decreases. An additional $75,000 is estimated as rev enue from [ postal ] parcel sales during 2022/23. Mr. Chairman, Post al Box revenue fees is expected to remain relatively stable, with projections rising to $619,000 for 2022/23 compared to revised 2021/22 revenues of $589,000. The Post Office will continue to market PO Box usage, as an affordable, secure and private 24- hour service to i ncrease PO Box rental revenue. Terminal Dues, or mail revenue received from foreign postal administrations for the Post Office to deliver mail received in Bermuda, is expected to decrease to $450,000. This is due to the decline of international letter mai l volumes year -over-year, the COVID -19 impact on mail transportation, and overall reluctance to resume full air carrier service around the world. Customs declaration fees, to be split and renamed MyBermudaPost Processing, and inbound mail processing fees for 2022/23 is estimated at $553,000, or an increase from 2021/22 revised rev enues of $203,000. The projected increase is attributed to expected increase of parcel volumes through MyBermudaPost, a value- added service for the Post Office and from current and new customers. Moreover, a future home delivery option for the UPU inbound mail products, or regular mail, should result in increased revenue for the Post Office. Mr. Chairman, other smaller revenue line items include mail handl ing and licence fees at $45,000; courier service fees at $32,000; postage paid indicia fees at $15,000; and late PO Box rental fees at $29,000, plus other packaging supply and r etail sale items. None of these revenue items are ex pected to exper ience significant increases compared to 2021/22, but it is anticipated that new Post Office efforts to better market and sell its products and services will be r eflected in increased revenues. Mr. Chairman this concludes our commentary on the Bermuda Post Office for account revenue.
Capital Expenditure
Sen. Owen Darrell: The Bermuda Post Office capital expenditure budget for 2022/23 can be found on [page] C -9 of the Capital Acquisition Estimates Schedule C. The Post Office has been allocated with an amount of $39,000 for new computer equ ipment and the purchase of new delivery cycles to help r eplace part of its ageing fleet of cycles, with an expected reduction in the annual maintenance costs of service and to fix old cycles. This capital expenditure compares to a r evised total allocation of $44,000 and is a decrease of $5,000 or 11 per cent. Major Policy Changes
Sen. Owen Darrell: Mr. Chairman, the Budget Stat ement for the Bermuda Post Office is a testament that the Post Office has shifted its focus to a more innov ative, efficient and customer focused. The Post Office is not afraid to compete for a greater share of Bermuda’s postal market. The local market is unregulated, not price sensitive or affordable for all, and the Post Office will take advantage of this opportunity . I would like to repeat that, Mr. Chairman. The Post Office is not afraid to compete for a greater share of Bermuda’s postal market. The local market is unregulated, not price sensitive or affordable for all, and the Post Office will take advantage of this opportunity, as does other local freight, parcel and doc ument companies. The Universal Postal Union recognises the annual declining letter mail volume, increased competition and limited local legislation to protect posts. In this vein, opportunities are recognised by the Berm uda Post Office and postal operators worldwide, to i nnovate and compete to survive.
Plans for the upcoming year
Sen. Owen Darrell: Mr. Chairman, the Bermuda Post Office [philatelic ] website is now operational. Current customers can now open a BPO account to order stamps, purchase first day stamp cover issues, [phil atelic] supplies and manage standing orders and account balance top- ups. The Bermuda Post Office plans to have three stamp issues and one presentation pack in 2022/23. The stamp program me will include: • A 100 th Anniversary of St. George’s Historical Society —this will be May 19, 2022 • The 70th Anniversary of the Queen’s Asce nsion—that is June 10, 2022 , that is tentative • St. David’s Islanders Native Community Pow Wow —that is July 21 • Present ation Pack 2022—November 18, 2022. It is a combination pac k of all stamps issued in a year. Mr. Chairman, postal legislative amendments to the Post Office Act 1900, the Post Office Regul ations [1933], and the Post Office [ (Departmental A dministration) ] Regulations 1933 are planned as [ the] Post Office ensures compliance with UPU Acts [ and] Conventions. These legislative amendments will continue to facilitate postal online services, home delivery of parcel mail, online forms, et cetera . Mr. Chairman, the Post Office has not had a rate change since 2015, though inflation and other costs to provide delivery service locally and intern ationally continue to increase annually. Therefore, a recommendation to increase postal rates will be made during the 2022/23 budget year to help offset the Post Office’s annual operational deficit. 274 24 March 2022 Official Hansard Report
Bermuda Senate Mr. Chairman, as the only government department that has direct competition, the Post Office’s deficit reduction strategy is based on the tenets of tel ling its story, better utilisati on of the Bermuda national asset and its universal service obligation to provide a postal service that is affordable. Investments have been and will continue to be made to improve the Bermuda Post Office. Technol ogy and infrastructure improvements will ma ke for a more lean and competitive service. Mr. Chairman, we are confident that the Bermuda Post Office will continue to improve and achieve in spite of resource limitations. The Post Office’s new organisation structure is in place. The objectives, goals and projects set by the Bermuda Post Office for 2022/23 will continue to move its mission statement and business plan forward and to be more innovative and customer focused. Job descriptions continue to be updated to reflect a future postal state, with emphasis placed on staff training [ and] development to facilitate the needs of Post Office customers. Mr. Chairman, lastly, increasing the postal revenues also remain the Post Offices’ strategic objective. The industry has changed. E -commerce and logistics into the postal market is a growth area. The Post Office will also be looking to i ncrease revenues by expanding its courier services for MyBermudaPost and by increasing its logistic potential and network, to provide local entrepreneurs and ecommerce businesses with an affordable [local] lastmile delivery service called Drop- and-Deliver. Bus inesses can drop parcel mail off at any Post Office and delivery will be made to an Island- wide address within 24 hours. If a business cannot drop their mail off, the Post Office will pick it up and deliver it for them. Postal products will be marketed to increase knowledge among both staff and the general public, to improve and establish the BPO brand and service levels. Mr. Chairman, the Post Office’s strategic decision is clear to make: They can close their doors, or transform from just a delivery service for letters, to a parcel delivery and logistics management service, which support s all residents. The COVID -19 pandemic helped to accelerate postal transformati ons or the future norm. Bermuda has one of the best, inclusive and accurate addres sing systems in the world. The Post Office will capitalise on its addressing infrastructure to benefit parcel mail delivery. Additional enhancements in 2022/23 include: • Touch screen kiosks in selected sub-Post O ffices with public Wi- Fi access within the General Post Office (GPO) and mobile computer usage for home delivery. • Renovation and rebranding of the General Post Office mail letter floor and closure of Parcel Post, to mer ge both for better econo-mies of scale, increased efficiency and better management of staff. • Increase the weight and size of mail items transported to Bermuda via MyBermudaPost to meet [ the] greater needs of residents and local businesses for goods not found in Ber-muda. • Explore postal legislation opportunities to engage in financial services or activities via the UPU’s financial services postal infrastructure and international postal footprint. • To w ork with local vendors and e- commerce providers to benefit t heir logistics and delivery needs. Mr. Chairman, I conclude, by adding that the Universal Postal Union’s Extraordinary Congress meeting in 2023 may lead to a significant shift in the postal market in the future. This is opening up of the Union to wider postal sector players. This means that international couriers such as DHL, UPS [and] FedEx will have access to UPU product offerings and vice - versa. Mr. Chairman, let me thank the hardworking and dedicated staff of the Bermuda Post Office, who are led by P ostmaster General Mr. Sam Brangman, Jr. and his management team. Staff have worked through COVID -19 and have continued to deliver mail and provide excellent service to Bermuda Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Senator Darrell. You can proceed forward with Head 80, Project Management and Procurement. HEAD 80 —OFFICE OF PROJECT MANAGEMENT AND PROCUREMENT Sen. Owen Darrell: Thank you, Mr. Chairman. The Office of the Project Management and Procurement can be found on pages B -69 to B -71. Mr. Chairman, …
Thank you, Senator Darrell. You can proceed forward with Head 80, Project Management and Procurement.
HEAD 80 —OFFICE OF PROJECT MANAGEMENT AND PROCUREMENT
Sen. Owen Darrell: Thank you, Mr. Chairman. The Office of the Project Management and Procurement can be found on pages B -69 to B -71. Mr. Chairman, it gives me great pleasure to present the budget Head 80, the Office of Project Management and Procurement (the “Office),” found on pages B -69 to B -71 of the Budget Book. Mr. Chairman, the Office of Project Management and Procurement ’s miss ion is To provide oversight and guidance in the project management and procurement , to ensure transparency and value for money. Following are t he objectives of the Office: • Reform; • Inclusion; • Accessibility ; • Contracts ; • track dollar values of all procurement and pr ojects that the OPMP are asked to review, assist, or advise during this period, by categ ories low, intermediate, high value and by mi nistries and departments ;
Bermuda Senate • compliance —to assure compliance of project and procurement activities to the statutory, regulatory requirements, applicable rules, po licies and procedures for the projects and pr ocurement.
Expenditure Overview
Sen. Owen Darrell: The total current expenditure is estimated to be $ 799,675 for the fiscal year 2022/23. This is an increase of their budget from [the] previous year’s original estimate in the amount of $117 ,276. This is mainly due to the funding being made available for one vacant post. Mr. Chairman, the Subjective Analysis of Current Account Estimates of the Office of Project Management and Procurement is found on [ page ] B-70. Please allow me to highlight them: • Other Personnel Costs are $3,000, which is the same as last year's budget. • There is no change in Local Training, which remains at $3,000. • There is no change in Communications, w hich remains at $4,000. • There is no change in Rental Expense and remains at $1,000. • There is no change in Repair and Maint enance expenses . It stands at $4,000. • There is an increase in Materials and Supplies, from $2,000 to $24,000.
Capital Expenditure Sen. Owen Darrell: Mr. Chairman, no capital funds are allocated for Capital Expenditure for 2022/23.
Current year achievements Sen. Owen Darrell: Mr. Chairman, the Office provi ded the Minister and Cabinet with the required quarterly waiver reports and an alysis. From April 2021 to the present, the Office completed the Cabinet Memoranda reviews and ensured that the reviews were vetted within five bus iness days after receipt 95 per cent of the time. Additionally, Mr Chairman, the Office co mpleted five vir tual training sessions in the Introduction to the Code of Practice for Project Management and Procurement for 60 participants. The Office also co mpleted five Project Management training courses for 37 participants. [R]Fx Drafter [ (Orbidder 2.0) ] in-person trai ning sessions were not done due to COVID -19 restrictions. Instead, the Office worked with the RFx drafting software service provider to enhance their offering. The aim was to ensure that public officers involved in the procurement and preparation of RFx documents had access to online s elf-training, a help desk, and how -to guides or videos for this application. Mr. Chairman, the Office enhanced the online depository , or Local Vault, the RFx Drafter software to store other prescribed templates such as Evaluation Matrix, Contract Award Recommendation document, Pricing Schedules, Social, Economic Environment , local benefits form. The Office released a new template called the Invitational Request for Quotation (IRFQ) that mini stries and departments can use to obtain quotes for low-value procurements under $50,000. The IRFQ may also be found in the Local Vault. The Office revised all the prescribed Request for Proposals (RFP s), and Request for Quotations (RFQ s) templates to include clauses referring to th e Privacy/Personal Information Protection Act (PIPA ). These templates have been uploaded to the RFx Drafter application. Mr. Chairman, in response to G overnment's shortage of disciplines specialising in producing cost estimates for project and procurement needs, the O ffice met with and provided costing tools to 12 public officers. The Office proposed to assist these officers in establishing a cost management system for develo ping, monitoring, and controlling project and procur ement costs until departments are staffed with the re quisite disciplines. The Office is a member of the IDT Gover nance Committee, the Economic Recovery Plan (ERP) Planning Committee and other internal working groups such as the Education Reform and Health Care Reform. The Office is a member of the National Anti - Corruption and Bribery (NACB) Committee and has contributed to the United Nations Convention against Corruption (UNCAC) [ assessment ].
Plans for the upcoming year
Sen. Owen Darrell: Mr. Chairman, the Office will pr oduce quar terly waiver reports for Cabinet. The Office will complete [the] Cabinet Mem oranda review within five business days after receipt. Our goal is to complete them 95 per cent of the time within five business days. The Office will increase its efforts to ensure public officers understand its oversight and advisory roles for the capital projects and acquisitions. This will be accomplished by delivering virtual training sessions and one- on-one sessions to ensure project procur ement policies and procedures are understood and followed. Additionally, Mr. Chairman, the Office will offer two virtual training sessions i n the Introduction to the Code of Practice during the next fiscal year. The Office will work with IDT and the Paperless Committee to develop and introduce a new internal online waiver request form and a contract register to streamline these processes. These activities are to be completed in the new fiscal year. 276 24 March 2022 Official Hansard Report
Bermuda Senate The Office will work with programme managers after [ the] capital budget is released to as sist them in prioritising their capital projects and helping them gain an early start on the procurement planning and bidding processes. The Office plans to deliver the first Annual Report for 2021/22. This fiscal year, the Office will also be amending the Code of Practice for Project Management and Procurement. Mr. Chairman, the Office will continue to a dvise, guide, and support the development and adherence to project management and procurement regul ations and policies. It will also help to develop pub lic officers on procurement and project management best practices to raise the level of expertise in these areas across the government. In closing, Mr. Chairman, the Office diligently provides oversight and guidance on all government procurements and simplifies these procedures and processes while building capacity for procurement and project management. Mr. Chairman, let me take this opportunity to acknowledge and commend the Office of the Project Management and Procurement Team and the Acting Director, Ms. Elaine Blair -Christopher, for their hard work and dedication. Thank you, Mr. Chairman. This concludes my budget presentation for Head 80.
The ChairmanChairmanThank you, Senator Darrell. Would any Senator like to ask questions? Senator De Couto— Sen. Dr . Douglas De Couto: Thank you, Mr. Chai rman, and thank you, Senator. I certainly appreciate the effort there. I will probably go backwards. Regarding pr ocurement, can you clarify if this is a …
Thank you, Senator Darrell. Would any Senator like to ask questions? Senator De Couto— Sen. Dr . Douglas De Couto: Thank you, Mr. Chai rman, and thank you, Senator. I certainly appreciate the effort there. I will probably go backwards. Regarding pr ocurement, can you clarify if this is a government -wide procurement or would Works and Engineering (for example) or Marine and Ports have their own? So, for example, would this Office have been involved with ferries, busses with the stimulus programme, with the solar panels at NSC, or any of the projects put out by the, I think I mentioned the stimulus programme. It is clearly of good value and in the right direction. For example, would they be engaged in rental negoti ations?
Sen. Owen Darrell: Mr. Chairman, if I can just ask the Senator to speak up. I am having a little difficulty hearing him.
The Chairm an: Sure.
Sen. Dr. Douglas De CoutoOkay, thank you. Thank you. Let me repeat. Is this government -wide or do some departments, such as Works and Engineering, or Transport, have their own procurement function? It seems to me, if they do not, are there an y plans for procurement to become rationalised across all of go …
Okay, thank you. Thank you. Let me repeat. Is this government -wide or do some departments, such as Works and Engineering, or Transport, have their own procurement function? It seems to me, if they do not, are there an y plans for procurement to become rationalised across all of go vernment? So, was this department involved in the ferries, the busses, NSC solar panels, or perhaps selec ting the vendors for the Works and Engineering stim ulus programme? I turn to the performance measures on [page] B-71. I noticed that there were 15 last year, 12 were marked removed for COVID -19, but they have not seemed to come back, and I am not sure why not. I feel they could have worked from home in this de-partment. Would it perhaps be useful to have a measure, such as the dollar value of money saved on contracts, to measure this department’s performance? That concludes my questions for that Head.
The ChairmanChairmanSenator Darrell? Sen. Owen Darrell: Thank you, Mr. Chairman. Thank you, S enator, for the questions. I know there is a little bit of a delay, so I am waiting to get answers back.
The ChairmanChairmanShould we proceed with other questions while the Senator researches?
Sen. Dr. Douglas De CoutoYes, I am happy to pr oceed to page B -51, Head 13—the Post Office. I take note of your comments that they are ready to compete, and I understand the pressure there. I know they work hard, and they are very helpful to me when I have been in …
Yes, I am happy to pr oceed to page B -51, Head 13—the Post Office. I take note of your comments that they are ready to compete, and I understand the pressure there. I know they work hard, and they are very helpful to me when I have been in there and very friendly and approach able. So, I do com mend them. They are swimming against the tide of technology. I would also note the careful control of the costs and expenses and, again, I know that is not easy work. My questions will be mostly focused on this MyBermudaPost thing. And I really want to understand, just so you will understand the context. Is the general operation of the Post Office subsidising the delivery of the MyBermudaPost service? So, I guess my first question is would this be considered the kind of service that should be provided under things related to the Universal Postal Union, i.e., is it the sort of minimum service that a gover nment should provide in the context of that Postal U nion? And then I would ask for a breakdown of the costs, because I could not quite break it out as the items were listed. So, how many staff work at MyBermudaPost? What is their cost, inclusive of overhead (because I know that typically gets broken out under a different Ministry for the whole Government ), comm unications cost . . . sorry, marketing ads, IT costs that can be attributed to MyBermudaPost, transport or fuel related to MyBermuaPost? Any other allocated costs? So, for example, if that function is using some share of the General Post Office buildings, what costs would
Bermuda Senate be allocated to that, as if t hey were a standalone business or a business unit within a larger company? So, I guess, you know, I would like to . . . if it is the case that MyBermudaPost, when you put in all the costs and so forth, is actually working well and competing fairly, that w ould be great. My suspicion is that it is actually being subsidised by losses els ewhere. I will turn now to . . . let me rephrase that question one last time. What are the all -in costs and revenue around MyBermudaPost, including any all ocated overhead? I turn now to [page] B -41, the Cabinet Office. One thing I did hear . . . we all know the COVID -19 situation has made it very complicated to understand the movements in the Book. So, I looked back at the 2019/20 actuals to see if I could help get a little c larity on what we should expect the new steady state to look like. My understanding is that we have added 12 Heads in the Budget since 2019/20 actual. And I u nderstand a lot of new work is coming to the Cabinet Office. But, by my understanding the total salaries cost has been plus $2.839 million, and I want to understand that because I looked in the back of the Book and that works out to $236,000 per person, for each of those new posts. That sounds like some pretty high firepower. And my understanding is the max PS salary is $224,000. So, I cannot quite connect those dots. I would appreciate some explanation. Thank you.
The ChairmanChairmanSenator De Couto, any other questions?
Sen. Dr. Douglas De CoutoLooking to the Brussels office, it is empty, from my understanding, and you are looking to put somebody there. Did I hear that right? Sen. Owen Darrell: Not the Brussels office. I think you are talking about the Washington DC office.
Sen. Dr. Douglas De CoutoThe Washington DC office. Okay, sorry. I will skip that question then. That was my misunderstanding. I was pleased to hear about the assistance to students in the UK from the London office. Are you able to provide a breakout of what amount of the costs of that office are …
The Washington DC office. Okay, sorry. I will skip that question then. That was my misunderstanding. I was pleased to hear about the assistance to students in the UK from the London office. Are you able to provide a breakout of what amount of the costs of that office are attributable to that? Is there a similar assistance to students in Canada or in the United States that can be provided? Moving on to page B -42, 19060, the Commi ssion of Inquiry. I see that it has been budgeted to zero, but are there any remaining government actions or policies or outputs from that [where] we should expect legislation changes or activities? Now, I want to turn to [page] B -45, this is a little bit back to the London office and it is about Bermuda ’s relationship with the FCO. I think this is pretty critical in terms of coordinating around this tax stuff. I see it is forecast for 100 per cent, but I would like some clarification on what that 100 per cent would be and how you would measure the performance of managing a relationship with the FCO. Is it number of meetings? Is it a list of specific policy points that we want to achieve with them? If there is such a list, can that be shared? I would like to turn to Tourism and the BTA. We know that there is a shortage of hotel beds. Is there any plan for an initiative of encouraging more things like Airbnb’s or use of local properties that can supply beds? Because that seems that could be a win-win. And then I thought I hear d there was $20 mi llion inves ted into BTA , and then it was $28 million of income. Is that $20 million the grant that you are tal king about? And of the $28 million of income . . . I guess I do not quite understand it because I heard $8.6 million of that was from hotel and vacation fees but if there was a more detailed breakout that would be good to know. Also, under BTA, and you discussed it like the airlines’ schedules . . . I know it is a challenge for the Islands. I know in the past certain routes or airlines have been subsidised. Are currently any airlines su bsidised? Or are there any plans to subsidise any of those airline routes? I certainly heard the message about the 55 roles going down to 34 roles and I congratulate that agency on . . . sorry , Authority, on managing that quit e tightly. I want to turn now to some of the specific events that you mentioned, for example, the US Track & Field games and other events. That one specifically, are you able to answer what the costs were to have the attendees come and how many of the at tendees came on, I would say, the Government’s dime or the BTA’s dime versus their own dime? What would be the return on that? In general, do we know what our percentage [of] return is on the money that the BTA spends on events and what we get back? I will keep asking questions, if that is okay. Unless —
The ChairmanChairmanSo we have, Senator De Couto, I guess just about 20 minutes left. So, I guess we have to balance off the response that Senator Darrell will be providing to you versus more and more questions that you ask. So, you are welcome to ask some more, but it is …
So we have, Senator De Couto, I guess just about 20 minutes left. So, I guess we have to balance off the response that Senator Darrell will be providing to you versus more and more questions that you ask. So, you are welcome to ask some more, but it is quite a list of questions that you have asked already. But this is your opportunity, so please proceed forward if you wish to ask more.
Sen. Dr. Douglas De CoutoOkay, I am happy to interleav e if there is another Senator who wants to ask a few — 278 24 March 2022 Official Hansard Report Bermuda Senate The Chairman: Is there another Senator who wishes to ask any questions? Hearing none, Senator De Couto, it is —
Sen. Dr. Douglas De CoutoI was really pleased to hear about the initiatives of the leadership programme in the Public Service. It is important, you know . . . in some countries to become an officer in the Public Service is immensely competitive. People study and compete for a very long time to get …
I was really pleased to hear about the initiatives of the leadership programme in the Public Service. It is important, you know . . . in some countries to become an officer in the Public Service is immensely competitive. People study and compete for a very long time to get a shot to work there. I want to understand a little bit about the Public Service . . . I think it is the Public Service Commi ssion or PSC. I was reading a recent, or I guess a cou-ple of years ago, a PSC report about the handling of misconduct and there were . . . it seemed to be a di stinct lack o f accountability with the PSC overturning certain changes . And the recommendation of the PAC report was legislation around how the PSC should operate and its accountability and transparency. I would like to understand, [are there] any plans for such legisl ation or change in the terms of reference for how that works in the Public Service? I think one of the themes that we have heard certainly from my co lleagues has been accountability and performance will be incredibly important in the civil service . I just want to make a comment of support . I certainly support the efforts that you started off your brief with on the mental health of the workers. We know this has been a problem everywhere. Let me turn to the Economic Recovery Plan, [page] B -43. You referred to KPMG and the four lead initiatives. Was there any specific quantitative analysis that we could use to understand the net economic benefit of each plan in terms of GDP or specific dollars, net increase, into the community from each of those initiatives ? And then you mentioned the cheaper food initiative. I assume you refer to the vertical far ming. Correct me if I am [wrong] , but I wonder if you have also engaged with any of the local farmers on any of their own sort of, what I would term, agricultural entrepreneurialism , because I know that they are out there trying everything they can to grow and sell more.
The ChairmanChairmanSenator Darrell, are there any r esponses you can provide in terms of any of the questions that have been asked thus far? Sen. Owen Darrell: Absolutely, Mr. Chairman. I was giving the Senator the opportunity to exhaust all his questions. I know they wanted time to ask questions, so …
Sen. Dr. Douglas De CoutoOh, no, no, no. I am happy to take any answers — Sen. Owen Darrell: I want to keep the Senate Leader of the Opposition . . . I want to keep him happy!
Sen. Dr. Douglas De CoutoOh, I am definitely not — Sen. Owen Darrell: So, if you can fire away . . . you can ask for the next 20 minutes , if you like, Mr. Chairman. It is totally up to you, sir.
The ChairmanChairmanWell, I think, coming from my perspective, I think it would be helpful to hear some of the answers to the questions asked thus far. I think that would be helpful for the Senate and t he listening audience. Sen. Owen Darrell: Thank you, Mr. Chairman. Thank you, Senator, for …
Well, I think, coming from my perspective, I think it would be helpful to hear some of the answers to the questions asked thus far. I think that would be helpful for the Senate and t he listening audience.
Sen. Owen Darrell: Thank you, Mr. Chairman. Thank you, Senator, for the questions. I have a lot of information coming in, so I am going to sift through it and do the best I can. The first question, if I recall, was regarding Head 80, the Office of Procurement. The OPMP is a government -wide body that oversees all government procurement. There are officers that are trained in various departments on procurement, but they must conform to the government code of practice, which means going through the OPMP. I do not have an answer for the money saved on contracts. I am not . . . I am not sure . . . I do not quite understand that question. As far as . . . give me a second . . . there were some questions about MyBermudaPost. MyBerm udaPos t is a partnership where the vendor pays the Bermuda Post Office for an on- Island delivery. The money collected goes to the Consolidated Fund and is recognised as a separate line item. The service star ted in mid- November and will be better listed in the next budget cycle. There are approximately 12 em-ployees and managers working for the service who are all multitasking between normal Post Office duties and the new venture. Without the new venture, these employees’ full salary would be absorbed without the new revenue stream. The Bermuda Post Office is currently reconciling the new revenue stream and will make those revenues known when they are available. As far as some questions on Cabinet Office, there was a question about the breakdown of salary costs at the Cabinet Office. Unfortunately , a breakdown for assistants like that is not available as that kind of takes various forms. There was a question on the Commission of Inquiry. The report of the Commission of Inquiry is a subject of court proceedings and so this has delayed any further implementation or consideration of its rec-ommendations. As far as the Bermuda Tourism Authority, the $20 million is the BTA grant. So, the grant is $20 mi llion. The breakdown of that income can be provided. That is the income, the $28 million income that you were asking about. That can be provided. There was a question on airline subsidies. It has always been a practice of the government that we do not disclose or discuss airline subsidies as that is a
Bermuda Senate condition of the c ontract and agreement that is actually built within them. But, you know, that portion of that does actually come under Transport, but I was happy to give you that information. The track event has not happened yet. So, the return on investment is just a forecast. All attendees for the track meet that you asked are actually being brought in by the USATF. The BTA is not covering the cost of the athletes to attend. The BTA is expecting about 200- plus attendees for this track meet. There will be more than $3 mi llion in media value in the NBC broadcast and hopefully we are hoping that it will r eturn on an annual basis. The BTA . You asked a question about i ncreasing room inventory. The BTA is always working to increase room inventory. They have an [excellent] relationship with Airbnb owners, and we work with them on various promotions. I do not . . . oh, here we go. I think this is a breakdown of the income that you asked about — $20.4 million is the government grant; $4 million comes in the form of hotel fees; $3.6 million comes in the form of cruise ship fees and $0.6 million comes in the form of vacation rentals. I think that is the breakdown of the income that you asked [for]. Give me a second . . . going back to the Office of Procurement, as noted in the bri ef, the OPMP pr ovides oversight and guidance on projects and pr ocurement. It is not a central procurement or a project function. The Office works with all ministries and departments in helping the department of the projects and procurement resources. The O ffice has advised on all of the projects that you mentioned, and they will take your suggestions under consideration. The Office is not involved in any rental negotiations. The input of the OPMP not only safeguards the spend or monetary factor, but it also enables achieving quality value components that are often overlooked. Also, yes, I think you asked about some sal aries in the Cabinet Office. I can give you . . . I think this was mentioned in the brief as well. The salaries increased from 2020/21 to 2021/22 due to a transfer over of the two PS posts in keeping with the central isation of all PS posts within the Cabinet Office. Those are at PS 47 and then the transfer over of the Hotel Regulation and Policy Administration unit was another four posts. You asked a question about farming . . . no, food initiatives, cheaper food initiatives. As far as vertical farming, farmers have been engaged in the pr ocess all along. It is also important to note that our plan will not be competing with local farming production but will be aimed at [a] reduction in the importation of crops such as leafy greens. You [asked] about the PSC. We are currently in the process of reviewing the PSC regulations with the view of updating legislation to make it more current and moder nised. The aim is to enhance the r ecruitment process and the disciplinary process. The PSC currently has overall oversight and authority of both functions, and we are actually looking to improve that process. As far as the ERP, the report will be tabled shortly. Also, important to note is that the BTA is i ndependent and provides reports on the performance of the event. So, I think that was to the track event. The BTA will provide those reports after the event actually happens. I think that is all I have got right now, Senator . . . hold on, one more came through. As far as sponsored events for the BTA, their return on investment, they look to get at least a 5:1 return on investment for on- Island economic impact and significant media value. So, that is their aim when they look at return on investment. Mr. Chair man
The ChairmanChairmanThank you, Senator Darrell. That was very effective, and I appreciate the time provided for questions and answers. That was a very good ses-sion. Senator De Couto, any further questions?
Sen. Dr. Douglas De CoutoI would like to say thank you. I certainly appreciate it. Would you be able to indicate whether any airline subsidies exist or not? Without further detail. Sen. Owen Darrell: Give me a second. That actually would be a question for Transport. I think that is in the next session. …
I would like to say thank you. I certainly appreciate it. Would you be able to indicate whether any airline subsidies exist or not? Without further detail.
Sen. Owen Darrell: Give me a second. That actually would be a question for Transport. I think that is in the next session. I have heard this question asked before. I am not qualified at this time to give that answer and I do not want to misspeak. So, I am sure the officers who are listening will capture that and [they] can answer it in the next hour.
The ChairmanChairmanVery good. Thank you, Senator Darrell. Sen. Owen Darrell: Thank you, Mr. Chairman.
The ChairmanChairmanSo, I think we have only one minute left for any other questions before I ask the Senator to move these Heads. So, any other . . . Senator Smith? Sen. Ben Smith: Yes, thank you, Mr. Chairman. Just a quick question going on from what Senator Darrell [said] with …
So, I think we have only one minute left for any other questions before I ask the Senator to move these Heads. So, any other . . . Senator Smith? Sen. Ben Smith: Yes, thank you, Mr. Chairman. Just a quick question going on from what Senator Darrell [said] with the BTA and the sports events, specifically the track and f ield event. Because the track and field event is something that is new and something that we will be working toward trying to do annually, is there an outreach programme to other national sport go verning bodies to see if they can create similar kinds of events to attract people in from their sports? There is 280 24 March 2022 Official Hansard Report
Bermuda Senate an opportunity for the sports [sector] to increase our sports tourism.
Sen. Owen Darrell: That will also be a question under a different Ministry. [Laughter] Sen. Owen Darrell: And I think that Minister had his chance to speak earlier. But I can say I am sure that the Bermuda Tourism Authority are looking at all av enues to increase traffic coming to Bermuda.
The ChairmanChairmanThank you, Senator Darrell. Any further questions? If not, I would ask Senat or Darrell to move Heads 09, 13 and 80. Sen. Owen Darrell: Mr. Chairman, I move that Heads, 09, 13 and 80 be approved as printed.
The ChairmanChairmanThank you, Senator Darrell. Any objections? No. These Heads are so moved. [Motion carried: The Cabinet Office, Heads 9, 13 and 80 were approved and stand part of the Estimates of Revenue and Expenditure for 2022/23.]
The ChairmanChairmanThank you, Senators. This concludes the Cabinet Office and we move into Transport. We will move to Senator Michelle Simmons taking the Chair. [Sen. Michelle Simmons, Chairman]
The ChairmanChairmanI would like to thank Senator Wight for Chairing these last two debates. 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 under consideration …
I would like to thank Senator Wight for Chairing these last two debates. 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 under consideration now is the Ministry of Transport. The Heads for debate are: Mi nistry of Transport Headquarters, Head 48; Marine and Ports, Head 30; Tr ansport Control Department, Head 34 and Public Transportation, Head 35. One hour has been allocated for this debate. The Senator in charge is Senator Rev. Dr. Emilygail Dill and we will be starting at 5:51, so we will finish at 6:51. Senator Dill, how do you wish to proceed?
MINISTRY OF TRANSPORT
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, I move that the Committee do now take under consi deration Head 48, the Ministry of Transport Headquar-ters; Head 30, Marine and Ports Services; Head 34, Transport Control Department and Head 35, Public Transportation.
The ChairmanChairmanThank you, Senator Dill. Please pr oceed. HEAD 48 —MINISTRY OF TRANSPORT HEADQUARTERS
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, today I am presenting the budget for the Ministr y of Transport Headquarters, Head 48. The budget appropriation for the entire Ministry totals $72,037,000 as found on page B -198 of the Estimates of Revenue and Expenditure for the year 2022/23. The departments which come under the Mi …
Madam Chairman, today I am presenting the budget for the Ministr y of Transport Headquarters, Head 48. The budget appropriation for the entire Ministry totals $72,037,000 as found on page B -198 of the Estimates of Revenue and Expenditure for the year 2022/23. The departments which come under the Mi nistry include: • Minist ry Headquarters (HQ) —Head 48 • Marine & Ports Services (M&P) —Head 30 • Transport Control (TCD) —Head 34 • Public Transportation (DPT) —Head 35 In addition, the Ministry of Transport maintains oversight of the: • Bermuda Civil Aviation Authority • Bermuda Shipping and Maritime Authority • Bermuda Airport Authority Madam Chairman, it is the Ministry Headquarters which is responsible for transportation matters within Bermuda. Ministry Headquarters —Head 48, cost centre 58000, f ound on pages B -198 through B -202 of the Estimates of Revenue and Expenditure for the year 2022/23. T he mission for the Ministry of Transport Headquarters is , Transporting people and goods eff iciently and safely. [Madam] Chairman, the Ministry of Transport strives to make transport an environment w here job creation and entrepreneurship in the transportation industry are favourable. The importance of transport ation in our community cannot be [overstated] . Transportation enhances the reach of businesses and peo-ple to find relevant services, jobs, acti vities, goods, and productivity. It is vital for our tourism sector; for transporting visitors to the Island and moving them around the Island —in essence, in the words of our Minister, there is no tourism without transport. [Madam] Chairman, the Ministry of Transport, Headquarters, Head 48, includes two business units: an Administration Section and the Transportation Planning Team.
Expenditure Overview
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the total current expenditure for the Ministry of Transport’s Headquarters, Head 48, is estimated to be [$30,054,000] for the fiscal year 2022/23. This represents an increase of $14,550,000, or 94 per cent over the prior year’s budget of $15,504,000. Bermuda Senate The increase is primarily due to the …
Madam Chairman, the total current expenditure for the Ministry of Transport’s Headquarters, Head 48, is estimated to be [$30,054,000] for the fiscal year 2022/23. This represents an increase of $14,550,000, or 94 per cent over the prior year’s budget of $15,504,000.
Bermuda Senate The increase is primarily due to the inclusion in this bu dget cycle of the “Project Agreement” Guaranteed Minimum Regulated Reserve (GMRR). The amount, included in the operating grant for the Bermuda Airport Authority (BAA), is equal to $11,000,000 and represents the amount to be paid to the Bermuda Skyport Corporation Limited, should Skyport’s actual regulated revenues fall below that of the GMRR. The particulars of the calculation are set out in the Project Agreement. The majority of the remaining increase, or $4,000,000, has been allocated to air services development. In 2022/23, air service development will be expanded to position Bermuda for transformational change in the commercial aviation industry, aid ec onomic recovery and enhance the lives of Bermuda residents. The Bermuda Airport Authority's Air Servic e Development Committee will expand current air ser-vice to protect our key gateway cities and enter and expand into new markets. The remaining increase of $504,000 includes general operational expenditures and a $200,000 grant to the Bermuda Shipping and Maritime Author ity. The Headquarters budget includes funding for the two business units mentioned previously, as well as the Current Account Operational/Expenditure Grants and Contributions as seen in the Ministry of Transport Headquarters Subjective Anal ysis of Cu rrent Account Estimates, Grants and Contributions, budget line located on page B -200 and Schedule 1, Grants and Contributions on [page] C-19 of the Budget Book.
Administration— Head 48 cost centre 58000
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the Administration Section within the Ministry of Transport Headquarters, cost centre 58000, will have a budget of $29,919,000. Much of this allocation comprises of the Bermuda Airport Authority ’s grant , about which I will provide more information later in this brief. For now, I will move on …
Madam Chairman, the Administration Section within the Ministry of Transport Headquarters, cost centre 58000, will have a budget of $29,919,000. Much of this allocation comprises of the Bermuda Airport Authority ’s grant , about which I will provide more information later in this brief. For now, I will move on to the Transportation Planning Team.
Transportation Planning Team —Head 48 cost centre 58010
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the Transportation Planning section sits within the Ministry of Tra nsport Headquarters, cost centre 58010, and is allocated a budget of $135,000 and can be found on page B -199 of the Budget Book. The Transportation Planning section oversees cruise ship contractual, operational, regulatory, and logistical matters to …
Madam Chairman, the Transportation Planning section sits within the Ministry of Tra nsport Headquarters, cost centre 58010, and is allocated a budget of $135,000 and can be found on page B -199 of the Budget Book. The Transportation Planning section oversees cruise ship contractual, operational, regulatory, and logistical matters to ensur e the efficient integration of transportation services to meet expectations in Bermuda. In addition, this section spearheads various transportation projects and policy research initiatives deemed important by the Ministry. Madam Chairman, by way of some bac kground, before the COVID -19 pandemic , 2019 was Bermuda’s last full cruise ship season bringing 185 cruise ship calls to Bermuda and generating $167.7 million in economic benefit to Bermuda’s economy. In early 2020, before the pandemic brought the crui se ship industry to a halt in March 2020, the Ministry of Transport had projected 193 calls with an estimated economic impact of $171.4 million. Sadly, Bermuda only received four cruise ship visits that year generating approximately $1.5 million in passeng er and crew spending, falling outside of the tax period from April through October. Madam Chairman, in 2021 the pandemic continued to disrupt the cruising industry worldwide, las ting longer than anyone could ever have imagined. The Ministry of Transport, working closely with our cruise line partners, the Ministry of Health, Bermuda Tourism Authority, Meyer agency, and 72 local age ncies, managed to secure 36 calls between Viking, Crystal, and Norwegian Cruise lines in 2021, which brought $9.4 million in muc h needed economic activity to Bermuda in 2021. It was during th at time that homeporting became a reality due to the hard work of many. The Ministry of Transport is actively attracting more high- end homeporting opportunities for Bermuda in 2023/24 when additional smaller luxury ships come into the marketplace. As an example, the Ritz -Carlton Yacht Collection has already confirmed one call in April 2023, and one homeporting turn- call in April 2024. Homeporting is not an economical option in Bermuda compared to ships that embark passengers in the USA and who can drive by car to the port. It is for this reason we are focusing our attention on the smaller luxury market where cruise lines can build the additional expenses of homeporting, including airfare, airpor t taxes, transportation, et cetera, into the cost of a cruise. Madam Chairman, even though our cruise line partners appear bullish on the 2022 season, we do remain conservative and, for consistency purposes , I will now report the estimated economic impact numbers that our Ministry provided to the Ministry of F inance. This estimate includes approximately 180 calls at 50 per cent capacity in 2022, bringing an estimated 281,841 passengers to Bermuda. Cruise ship revenue projections include: $12.8 million in passenger taxes; $3.8 million in tourism fees; $5.9 million in transport infrastructure tax; and $68.6 million in passenger and crew spending, and $11.2 million in Travel Authoris ation fees, for an estimated total of $103.3 million in economic activity. Madam Chairman, Bermuda will also see eight new cruise ships visit Bermuda in 2022: • The Norwegian Joy • Azamara Onward 282 24 March 2022 Official Hansard Report
Bermuda Senate • Celebrity Beyond • Celebrity Reflection • MSC Seascape • Mariner of the Seas • Norwegian Prima • Queen Elizabeth Due to onboard COVID -19 ship protocols, inaugural calls which traditionally have plaque exchange ceremonies may be handled differently this year, on a ship- by-ship basis. Madam Chairman, the 2022 cruise ship schedule can be downloaded from the Department of Marine and Ports website at www.marineandports.bm . Cruise ship calls can change, so it is updated regularly.
Manpower
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the Ministry of Transport Headquarters employs four full-time equivalent ( FTE) employees under the follo wing cost centres: • 58000– Three persons: The Ministry comptroller, an accountant administrative officer, and an executive assistant; and • 58010– One transportation coordinator. Compensation, not including overtime, is estimated at $410,000 or …
Sen. Rev. Dr. Emilygail A. DillInitially it was antic ipated that in 2022/23, the Ministry Headquarters will generate approximately $17,800,000 i n revenue from the Bermuda Civil Aviation Authority Revenue Share, which is up from $10,000,000 the prior year, primarily as the previous year had been conservatively est imated owing to the impact of COVID …
Initially it was antic ipated that in 2022/23, the Ministry Headquarters will generate approximately $17,800,000 i n revenue from the Bermuda Civil Aviation Authority Revenue Share, which is up from $10,000,000 the prior year, primarily as the previous year had been conservatively est imated owing to the impact of COVID -19 the year pr ior. However, given the impact on the Registry by the current sanctions on Russia, this amount w ould be revised on completion of a full assessment. Note: The “revised” BCAA revenue for 2021/22 was $16,375,000. Madam Chairman, I would now like to discuss the year ahead with respect to the Bermuda Airport Authority.
Bermuda Airport Authority’s 2022/ 23 Highlights
Sen. Rev. Dr. Emilygail A. Dill[Madam] Chairman, the only Authority which receives a grant from the Ministry of Transport is the Bermuda Airport Authority. Madam Chairman, the Bermuda Airport A uthority is nearing the end of its fourth fisc al year as a quango under the Ministry of Transport. The current account expenditure can be …
[Madam] Chairman, the only Authority which receives a grant from the Ministry of Transport is the Bermuda Airport Authority. Madam Chairman, the Bermuda Airport A uthority is nearing the end of its fourth fisc al year as a quango under the Ministry of Transport. The current account expenditure can be seen in the Ministry of Transport Headquarters, Subjective Analysis of Current Account Estimates, Grants and Contributions, budget line located on pages B -200 and C -19 of the Budget Book. [Madam] Chairman, the Bermuda Airport A uthority delivers a range of essential air navigation services, also known as retained government services, at the L. F. Wade International Airport, including air traffic control; air traffic e ngineering; Bermuda public and aviation weather; aeronautical information services and the Authority’s facilities, vehicle, and equipment maintenance. On behalf of the Government of Bermuda, the Airport Authority, as owner of the airport, also over-sees the performance of the airport developer and operator, Bermuda Skyport Corporation Limited (or Skyport), and its 30- year concession to operate, mai ntain and redevelop the L. F. Wade International Ai rport. Substantial completion of construction at the new air terminal building was achieved in September 2020, followed by the official opening in December 2020. Both the completion and opening of the new passenger terminal by Skyport were delayed approximately four months due to the onset of the COVID -19 pa ndemic. Oversight of Skyport includes the monitoring of key performance indicators, such as compliance with standard airport operating procedures, international aviation regulations, and building and equi pment maintenance specifications; growth of the airport revenue streams; and ensuring efficient airport term inal energy consumption. The Airport Authority regulates the airport fees and charges charged by Skyport to airport users. These regulated revenues were significantly lower than originally projected due to the reduced frequency of commercial airline flights and lower passenger volumes during the pandemic. As a result, the Airport Authority was required to fulfil its contractual oblig ations under the Project Agreement to fund a portion of Skyport’s shortfall in guaranteed minimum regulated revenues. The Airport Authority, in coordination with the Tourism Authority and Skyport, also leads Bermuda’s air service development with a focus on rebuilding Bermuda’s air service. Despite the pandemic, these efforts hav e maintained air service links with our key overseas markets and facilitated the much- anticipated move of our main UK/Europe air service connection to London’s Heathrow Airport.
Expenditure Overview
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the t otal Ministry of Transport operational expend itures grant to the Bermuda Airport Authority will be $14,400,000 for 2022/23, representing a decrease of $300,000 over the fiscal year 2021/22 allocation. This is the result of a reduction in costs for the air service development activity, airport insurance …
Madam Chairman, the t otal Ministry of Transport operational expend itures grant to the Bermuda Airport Authority will be $14,400,000 for 2022/23, representing a decrease of $300,000 over the fiscal year 2021/22 allocation. This is the result of a reduction in costs for the air service development activity, airport insurance and airport
Bermuda Senate terminal energy usage, and a slightly lower headcount in the retained government services operations. Madam Chairman, the Airport Authority currently employs 47 full -time equivalent staff (FTEs). The mostly Bermudian professional workforce have the mandate to provide essential retained government services as direct employees of the Airport Authority, thus enjoying long- term job stability under the management of a local leadership team with a highperformance culture. Madam Chairman, as noted previously, the airport terminal building portion of the redevelopment project was completed during the current fiscal period and several other capital projects are required to be undertaken to support ongoing operations at the ai rport. The 2022/23 capital grant request for the Bermuda Airport Authority totals $2,000,000, which re presents no change in comparison to the prior fiscal year. These funds will be allocated to several ongoing key airport infrastructur e and Federal Aviation Administration (FAA) related projects including, but not limited to: • Instrument Landing System Replacement (using the new GBAS [Ground Based Augment ation System ] technology ; • AIS to AIM Organizational Transition — acquisition of the IT infrastructure required for certification of the Authority as an air navig ation service provider; • The Bermuda Weather Service— AviMet equipment upgrades and website develo pment; • Immigration e- Gates for the new airport term inal building. It is anticipated that a number of these capital projects will be completed during a timespan covering two or more fiscal year periods. Madam Chairman, I would like to thank the dedicated teams at the Ministry Headquarters and the Authorities under the Ministry for their un wavering commitment to service during what will probably prove to be one of the most challenging years for Bermuda in recent history. Thank you, M adam Chairman. That concludes Head 48, Ministry of Transport Headquarters. I now move on to Head 30, Marine and Ports Services.
The ChairmanChairmanThank you, Senator Dill . Please co ntinue. HEAD 30 —MARINE AND PORTS SERVICES
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, as found on pages B -203 through B -208 of the Estimates of Revenue and Expenditure for the year 2022/23. As stated on page B -203 of the Budget Book, the mission of the Department of Marine and Ports Services (“Marine and Ports”) is the regulation and safe …
Madam Chairman, as found on pages B -203 through B -208 of the Estimates of Revenue and Expenditure for the year 2022/23. As stated on page B -203 of the Budget Book, the mission of the Department of Marine and Ports Services (“Marine and Ports”) is the regulation and safe operations of Bermuda’s maritime affairs inclu ding marine border security, search and rescue and public transportation.
Expenditure Overview
Sen. Rev. Dr. Emilygail A. DillThe total current expenditure for Marine and Ports, Head 30, is estimated to be $19,713,000 which represents an increase of $141,000, or an increase of approximately 0.72 per cent over the 2021/22 budget. To address Marine and Ports staff shortages, funding was approved for 12 of the defunded vacant posts …
The total current expenditure for Marine and Ports, Head 30, is estimated to be $19,713,000 which represents an increase of $141,000, or an increase of approximately 0.72 per cent over the 2021/22 budget. To address Marine and Ports staff shortages, funding was approved for 12 of the defunded vacant posts to allow the department to provide the required services as per its international obligations. The 2022/23 budget remained r elatively sim ilar to the prior year s as cost savings were achieved by a decrease in the fuel budget across the department. Marine and Ports expenditures are set out under the following three business units and can be found on page B -203 of the Budget Book: Programme 3006— West End (Dockyard) • Navigational Aids, cost centre 40040— $741,000; • Tug Service, cost centre 40140— $1,234,000; • Tender Service, cost centre 40210— $339,000; • Dockyard Maintenance, cost centre 40260— $3,362,000. Programme 3007—Central (Hamilton) • Ferry Services, cost centre 40090— $6,600,000; • Mooring and Boat Registration, cost centre 40150—$293,000; • Administration, cost centre 40220— $2,684,000. Programme 3008— East End (Fort George) • Maritime Safety and Security, cost centre 40100—$2,551,000; • Pilot Service and Offshore Search and Rescue, cost centre 40180 —$1,909,000.
Revenue
Sen. Rev. Dr. Emilygail A. DillRevenue , provided on page B -204 of the Budget Book. [Madam] Chairman, it is anticipated that in 2022/23, Marine and Ports will generate approximately $5,487,000, keeping in mind these anticipated revenues may be adjusted based on the continued impact from COVID -19. This will be realised primarily through fees …
Revenue , provided on page B -204 of the Budget Book. [Madam] Chairman, it is anticipated that in 2022/23, Marine and Ports will generate approximately $5,487,000, keeping in mind these anticipated revenues may be adjusted based on the continued impact from COVID -19. This will be realised primarily through fees charged for the provision of: • ferry services; • tug services; • boat haulage; • pilotage fees; • boat moorings; and, 284 24 March 2022 Official Hansard Report
Bermuda Senate • port dues.
Capital Expenditure
Sen. Rev. Dr. Emilygail A. DillCapital acquisition expenditure for the department, found on page C -13 of the Budget Book, is set at $3,629,000. Two hundred and fifty thousand dollars is set aside for navig ational aids, which represents an increase of $80,000 above the budget of 2021/22 and $74,000 is set aside to replace …
Capital acquisition expenditure for the department, found on page C -13 of the Budget Book, is set at $3,629,000. Two hundred and fifty thousand dollars is set aside for navig ational aids, which represents an increase of $80,000 above the budget of 2021/22 and $74,000 is set aside to replace a department truck beyond repair. The capital budget for the Vessel Traffic Management I nformation Systems is set at $280,000, whic h is an i ncrease over the 2021/22 budget of $130,000. The capital allocation provided for ferries in the amount of $3,000,000, represent funds for the department’s vessel fleet refit and replacement project, and $25,000 for the department’s Search and Resc ue programme.
Manpower
Sen. Rev. Dr. Emilygail A. DillThe department’s full-time equivalents (FTEs) , found on [page] B-205 of the Budget Book, have increased from 148 to 160 through returning funding to vacant posts to address the staff shortages withi n the department. The department’s performance measures, found on pages B -206 to B -208 of the Budget …
The department’s full-time equivalents (FTEs) , found on [page] B-205 of the Budget Book, have increased from 148 to 160 through returning funding to vacant posts to address the staff shortages withi n the department. The department’s performance measures, found on pages B -206 to B -208 of the Budget Book, remain positive despite the challenges presented by the ongoing coronavirus pandemic. It is important that Marine and Ports continues meeting its per formance target measures to meet the required international standards. Maintaining these levels continues to be challenging with the rapidly ageing fleet that requires extra maintenance. Nonetheless, the department continues to work diligently to manage these processes and to ensure the delivery of safe and reliable services is maintained. [Madam] Chairman, Marine and Port repr esents one of the most critical operational arms of the Government of Bermuda as it facilitates the mov ement of vital shipping comm erce in and out of Berm uda’s ports. There was a total of 659 international ship movements in Bermuda’s waters since 1 April 2021. The services the department provides include pilot boats, tug boats, tender services and Bermuda Mar itime Operations Centre. A dditionally, the department is responsible for the coordination of international search and rescue operations in this region of the North Atlantic and retains oversight of overseas seaport security and marine border control in compliance with international standards. During the 2021/22 fiscal year, the department responded to over 421 search and rescue cases assisting both ships and aircraft, locally and internationally. Madam Chairman, the 2022 cruise ship se ason is on target for receiving almost 180 cruis e ship visits to Bermuda, a marked improvement over the last two years and a much needed boost to Berm uda’s economy.
Output Measures
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the target outcomes for Marine and Ports operations for 2022/23 are to c ontinue delivering the required marine services in a timely and professional manner to ensure customer satisfaction. Madam Chairman, during the coronavirus pandemic, the Orange Route was suspended be-cause of very little cruise ship traffic. To …
Madam Chairman, the target outcomes for Marine and Ports operations for 2022/23 are to c ontinue delivering the required marine services in a timely and professional manner to ensure customer satisfaction. Madam Chairman, during the coronavirus pandemic, the Orange Route was suspended be-cause of very little cruise ship traffic. To support the movement of cruise passengers between Dockyard and St. George’s, the Ministry has budgeted for the resumption of the Orange Route ferry for 2022/23 once the department’s staffing levels can support a safe return of this service. The Orange Route provides crucial connectivity between cruise ship passengers and businesses in St. George’s, allowing economic benefits for those businesses and cruise ship passengers to enjoy res-taurants, souvenir shops, and attractions in the area.
Major Policy Changes
Sen. Re v. Dr. Emilygail A. Dill: Madam Chairman, Bermuda performed extremely well during the Intern ational Maritime Organization (IMO) audit in December 2021. We will proceed with bringing the remaining sections of the Marine and Ports Service Act 2021 into operation and drafting supporting regulations. Stakeholders continue to be consulted inclu ding ongoing meetings to ensure a smooth transition to the new legislation.
Plans for the Upcoming Year
Sen. Rev. Dr. Emilygail A. DillPlans for the upcoming year wil l include • continued training of departmental staff to international standards once the travel restrictions for government business es are relaxed to ensure the department meets its international obligations in line with safe ma nning requirements; • continued progress with the department’s succession planning …
Plans for the upcoming year wil l include • continued training of departmental staff to international standards once the travel restrictions for government business es are relaxed to ensure the department meets its international obligations in line with safe ma nning requirements; • continued progress with the department’s succession planning to ensure highly technical posts within the department are filled by qualified Bermudians as we currently have three potential Bermudian candidates identified for key posts within the department; • training for tug captains and engineers of the department’s state- of-the-art tugs will continue to ensure all personnel are fully trained; • continue with the refit and replacement of the de-partment’s ageing fleet of vessels which is i mperative for the delivery of reliable services;
Bermuda Senate • progress the renovation project of Marine and Ports workshops in partnership with the Depar tment of Works and Engineering; • continue repairs and replacement to our navig ational aids and offshore beacons as per our international obligation; • continue reviewing legislation amendments to assist with the removal of abandoned derelict boats across Bermuda left behind by hurricanes; and • continue with the public -private partnership pr ogramme for the removal of derelict boats. Madam Chairman, I would like to thank the staff of Marine and Ports for their excellent search and rescue and piloting services as well as for delivering an eff icient, consistent, and reliable ferry service. [Madam] Chairman, that concludes the brief for the Department of Mar ine and Ports Services, Head 30.
The ChairmanChairmanThank you, Senator Dill. Just a time check for you: We have 26 minutes left and you have got two Heads still, and I know that there are Senators who would like to ask questions.
The ChairmanChairmanI would also like to acknowledge the presence in the Chamber of the Acting Permanent Secretary of the Ministry of Transport, Mrs. Jasmin Smith. You are most welcome. Senator Dill, how do you want to proceed now?
The ChairmanChairmanThank you. HEAD 34 —TRANSPORT CO NTROL DEPARTMENT
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the budget for Head 34, the Transport Control D epartment, or TCD, can be found on pages B -209 to B - 212 of the Budget Book. The Transport Control D epartment’s mission is to assure the safety of all road users. Madam Chairman, TCD administers the operation …
Madam Chairman, the budget for Head 34, the Transport Control D epartment, or TCD, can be found on pages B -209 to B - 212 of the Budget Book. The Transport Control D epartment’s mission is to assure the safety of all road users. Madam Chairman, TCD administers the operation of all motor vehicles and road users on Berm uda’s roads. The department monitors and regulates the sizes, functionality, roadworthiness, physical ap-pearance and quantity of all vehicles by carrying out the following activities: 1. oversees the management of the vehicle safety and emissions inspection pr ogramme; 2. administers the registration and licensing of all vehicles; 3. conducts practical riding and driving ex-aminations for all riders and driv ers; 4. regulates traffic by monitoring drivers and vehicles; 5. issues permits on behalf of the Minister for the operation of commercial and Public Service vehicles; and 6. implements road safety initiatives. Periodically, the department inspects public garages, filling stations and rental mini -car and cycle liveries to ensure compliance with the conditions of their respective permits. The department also issues special permits, such as one- day permits which allow a person to use an unlicensed motor vehicle, usual ly driven to be repaired or to the department for inspection, and Sunday permits for commercial vehicles.
Department Overview
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, TCD is divided into five separate business units: Reg-istration s, Examinations , Traffic Enforcement, Road Safety, and Administration. The Registration Section is responsible for registering and licensing all vehicles, issuing driver licences and other documents to all persons who operate vehicles, and collecting revenue for every t ransaction …
Madam Chairman, TCD is divided into five separate business units: Reg-istration s, Examinations , Traffic Enforcement, Road Safety, and Administration. The Registration Section is responsible for registering and licensing all vehicles, issuing driver licences and other documents to all persons who operate vehicles, and collecting revenue for every t ransaction conducted by the department. The Examination Section conducts all driving and riding tests to ensure that applicants are proficient at operating the vehicles on Bermuda’s roads. The examiners also inspect all vehicles that use public roads for r oadworthiness and carry out write- off pr ocedures for private motor cars prior to their disposal. The Traffic Enforcement Section is respons ible for the enforcement of road traffic and motoring laws, issuing moving violation and parking tickets, i ssuing permits for the movement of oversized trailers with heavy or wide loads, unlicensed vehicles, and occasional Sunday permits. This section also monitors the Electronic Vehicle Registration (EVR) system and works alongside the Bermuda Police Service to support its traffic enforcement efforts. This section assists the Public Service Veh icles Licensing Board by conducting investigations on its behalf and monitors the use of public service and commercial vehicles on our roads. The traffic enforcement officers are also deployed on street patrols to ensure all vehicles operated in Bermuda comply with our legislation. They are also responsible for ticketing abandoned vehicles and 286 24 March 2022 Official Hansard Report
Bermuda Senate co-ordinating with sister departments to arrange for their removal and disposal. The Road Safety Section is administered through the Road Safety Officer. The programme promotes road safety awareness through education, training, and public events, for example, Project Ride, which became mandatory in 2010 and Road Safety Week. This section work s closely with the Road Saf ety Council to advise the Minister of Transport on matters pertaining to road safety and devises and impl ements strategies and programmes to address trending motoring issues. The Administration Section is responsible for the overall operation and administration of the d epartment and its three facilities: North Street, Rock away and Southside. This includes professional services for the management of the safety and emissions programme as well as external IT support for the eTCD onl ine programme, the Driver and Vehicle Re gistration System (DVRS), the Appointment Management System (AMS) and the EVR system. All these systems are critical to ensuring optimum customer service. Customers now can manage their own appointments online through the AMS and the depar tment has partnered with the four major motor insurance providers for “real time” electronic transfer of policy information to the DVRS. Madam Chairman, TCD continues to impl ement and maintain an effective and convenient vehicle examination and registration programme which is i ncreasingly more “user -friendly.” Customer interaction with today’s TCD is less bothersome than in previous years.
Expenditure Overview
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, TCD’s budget allocatio n of $4,482,472 for 2022/23, is a $13,863, or a 0.3 [per cent ], decrease over the all ocation for 2021/22 and can be found on page B -209. Under the General Summary of expenditure per business units, you will find that the estimates for …
Madam Chairman, TCD’s budget allocatio n of $4,482,472 for 2022/23, is a $13,863, or a 0.3 [per cent ], decrease over the all ocation for 2021/22 and can be found on page B -209. Under the General Summary of expenditure per business units, you will find that the estimates for 2022/23 for each bus iness unit have changed som ewhat from the 2021/22 estimates. Although the core allocation of funds has not varied much from last year’s budget, funds have been re- distributed due to the ever -changing customer demands and the department’s procedural adjustm ents to become more user-friendly. Madam Chairman, it should be noted that around 65 per cent, or $2,915 ,000 of the total budget of $4,482, 472 is allocated to salaries. Also, external professional services is allocated $379,000, or 8.4 per cent of the nex t fiscal budget. This allotment is used for external IT support for the Electronic Vehicle Re gistration system, eTCD, the department’s operating system (known as the DVRS) and Appointment Management System, all of which are critical to the d e-partment’s dai ly operations and maintaining its excellent customer service levels. The remaining funds are used for general operating expenses such as utilities, repairs and upkeep of the facilities, vehicles and equipment, printing, office sup plies and Boards and Commi ttee fees.
Examinations (cost centre 44000)
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, for this fiscal cycle, the Examination Section ’s estimated budget is $1,164, 653 and represents a decrease of $48,000 over the prior year. Registration (cost centre 44040)
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the estimated budget for the Registration Section is $799,000 for the fiscal year 2022/23. The amount represents an increase of $27,000, or 3 per cent increase over the 2020/21 budget. The incr ease represents funds to cover staff wages. Road Safety (cost centre 44090)
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, there will be no change in the estimated budget for this section. It is important to note that currently there is no substantive Road Safety Officer in the post due to a resignation prior to the 2021/22 fiscal year. Ho wever, the post is being covered by another …
Madam Chairman, there will be no change in the estimated budget for this section. It is important to note that currently there is no substantive Road Safety Officer in the post due to a resignation prior to the 2021/22 fiscal year. Ho wever, the post is being covered by another TCD em ployee who has been seconded from another section. Madam Chairman, this post was defunded during the 2021/22 fiscal year and has remained unfunded for the 2022/23 fiscal year. Therefore, as a result of budgetary restrictions, no recruitment will take place for a substantive Road Safety Officer. Of the $165,000 allocated to the Road Safety Section, as seen on page B -210 of the Budget Book, the Road Safety Council will receive a grant in the amount of $50,000, and $90,000 has been allocated to the Pr oject Ride programme.
Traffic Enforcement (cost centre 44110)
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the estimated budget for the Traffic Enforcement Section will be $504, 802. This represents a 7 per cent increase, or $34,000 over the prior year’s budget. The allocated funds are again for the section’s wages. Bermuda Senate Administration (cost centre 44210)
Sen. Rev. Dr. Emil ygail A. DillMadam Chairman, the estimated budget for the Administration Section will be $1,850,000. This represents a decrease of $27,000, or a decrease of 1 per cent. Revenue
Sen. Rev. Dr. Emilygail A. DillRevenue is found on page B -210. M adam Chairman, it is anticipated that during the 2022/23 budget cycle, the TCD will collect $29,244,000 in revenue. This represents a decrease of 1 per cent over the prior year. As a point of correction to the Budget Book, page B -210, …
Revenue is found on page B -210. M adam Chairman, it is anticipated that during the 2022/23 budget cycle, the TCD will collect $29,244,000 in revenue. This represents a decrease of 1 per cent over the prior year. As a point of correction to the Budget Book, page B -210, please note there will be a 10 per cent reduction in licensing fees for private motor cars as announced by the Premier and Minister of Finance on 25 February 2022. It is therefore estimated that the revenue for private motor car licence fees will decrease from $17,008,000 to $15,307,200, a decline of $1,700,800. Unfortunately, the above is not reflected in the 2022/23 Budget Book but an adjustment will be made.
Capital Expenditure
Sen. Rev. Dr. Emilygail A. DillCapital Expenditure, found on page C -13. M adam Chairman, the sum of $1,389,000 has been allocated to begin the long overdue repairs and upgrades to the vehicle testing equipment in the department’s three facilities: North Street, Rockaway and Southside. The majority of these funds will go to the aforementioned …
Capital Expenditure, found on page C -13. M adam Chairman, the sum of $1,389,000 has been allocated to begin the long overdue repairs and upgrades to the vehicle testing equipment in the department’s three facilities: North Street, Rockaway and Southside. The majority of these funds will go to the aforementioned project, whilst the remainder [ of] $13,000 is for the purchase of new auxiliary bicycles for the Project Ride pr ogramme.
Human Resources
Sen. Rev. Dr. Emilygail A. DillHuman Resources , found on page B -211. The 2022/23 budget estimates include funds for 42 full -time e quivalents (employees). The full complement of staff at this department is 48. Therefore, this number represents the six posts that were defunded to reach mandated budget targets. Madam Chairman, I take …
Human Resources , found on page B -211. The 2022/23 budget estimates include funds for 42 full -time e quivalents (employees). The full complement of staff at this department is 48. Therefore, this number represents the six posts that were defunded to reach mandated budget targets. Madam Chairman, I take this opportunity to thank the staff of the Transport Control Department for their efforts in delivering a high level of quality customer service. Plans for upcoming year
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the Transport Control Department will continue to r eview and update the Motor Car Act 1951 and the Auxiliary Bicycles Act 1954 and their ancillary regulations. For example, recommendations have recently been submitted to reduce the legislated waiting times between driving test failures. Madam Chairman, in 2022/23 the …
Madam Chairman, the Transport Control Department will continue to r eview and update the Motor Car Act 1951 and the Auxiliary Bicycles Act 1954 and their ancillary regulations. For example, recommendations have recently been submitted to reduce the legislated waiting times between driving test failures. Madam Chairman, in 2022/23 the department will focus o n modernising public service vehicles through a process that has commenced with consult ation and feedback of key industry stakeholders, including minibuses, dispatchers, limos, and taxis. Phase I of this initiative includes proposed amendments to motor car legislation to improve the public service v ehicles sector to ensure improved service, customer and driver safety, and consumer protection. The over-arching aim is to strengthen the transportation support to meet the increased service demands in preparation for increased air and sea and cruise passenger arrival numbers and provide a level playing field to better deal with the continuing and inevitable changes and meet customers’ needs. It will also increase the likel ihood of profitability for all public serv ice vehicle oper ators while reducing key liabilities. Madam Chairman, the Bermuda Road Safety Council will work in conjunction with the Road Safety Officer to continue the implementation of Operation Caution, the Government's five- year Road Safety Strategy , 2018 to 2023. Operation Caution will be extended to 2024 to implement those items that were not funded to date, including the stoplight cameras and Project Ride training course. One of the key deliverables of the Strategy in 2022/ 23 will be recommendati ons for enhancing [the] Project Ride programme for students to gain on- theroad training. The Project Ride Safety Council will continue education and awareness of good driving habits. The goal remains preventing collisions and decreasing serious injuries —road deaths. Thank you, M adam Chairman. That concludes the brief for the Transport Control Department, Head 34. I now —
The ChairmanChairmanThank you very much, Senator Dill. Just another time check for you: We have nine minutes left in this debate.
The ChairmanChairmanWill you allow time for questions?
Sen. Rev. Dr. Emilygail A. DillI will do my very best. I would like to move very quickly through this last Head which was also requested by the Opposition. So, I will move quickly ahead.
The ChairmanChairmanOkay, thank you, Senator Dill. HEAD 35 —DEPARTMENT OF PUBLIC TRANSPORTATION
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the budget for Head 35, the Depart ment of Public 288 24 March 2022 Official Hansard Report Bermuda Senate Transportation ( DPT), is found on pages B -213 and B216 of the Budget Book. The department’s mission is Moving Bermuda with a quality public bus service. Expenditure Overview
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the total current expenditure, page B -213 of the Budget Book, is estimated to be $17,788,000, which is $2,574,000 less than the 2021/22 budget. The department has three business units: Transportation, Maintenance, and Administration. The budget breakdown is as follows: Programme 3501—Transportation • Bus Operations, cost centre 45010 …
Madam Chairman, the total current expenditure, page B -213 of the Budget Book, is estimated to be $17,788,000, which is $2,574,000 less than the 2021/22 budget. The department has three business units: Transportation, Maintenance, and Administration. The budget breakdown is as follows: Programme 3501—Transportation • Bus Operations, cost centre 45010 — $9,959,000. Programme 3502— Maintenance • Repair Servic es, cost centre 45090 — $3,792,000; • Inventory Management, cost centre 45115— $1,074,000. Programme 3503— Administration • Administration, cost centre 45120—$2,225,000; • Management Support, cost centre 45200— $738,000.
Transportation —Bus Operations
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the public bus service operates 18 hours per day, 7 days per week. Additionally, the school bus service operates on weekdays during term times. The current account expenditure for Bus Operations, cost centre 45010, is estimated at $9,959,000 for 2022/23. This is an increase of $312,000, or 3 …
Madam Chairman, the public bus service operates 18 hours per day, 7 days per week. Additionally, the school bus service operates on weekdays during term times. The current account expenditure for Bus Operations, cost centre 45010, is estimated at $9,959,000 for 2022/23. This is an increase of $312,000, or 3 per cent more than the prior year’s budget.
Maintenance —Repair Servicing
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the department employs a team of professionals in Repair Servicing to maintain the fleet of public buses, support vehicles and equipment. The current expend iture for Repair Servicing, cost centre 45090, is est imated to be $3,792,000 for 2022/23. Thi s is a d ecrease of $447,000, or …
Madam Chairman, the department employs a team of professionals in Repair Servicing to maintain the fleet of public buses, support vehicles and equipment. The current expend iture for Repair Servicing, cost centre 45090, is est imated to be $3,792,000 for 2022/23. Thi s is a d ecrease of $447,000, or 11 per cent less than the prior year’s budget, largely due to an anticipated reduction in diesel fuel cost s as a result the new electric buses.
Inventory Management
Sen. Rev. Dr. Emilygail A. DillParts for vehicles and equipment are procured, stored, controlled, and issued by the Stores Section, which falls under Inve ntory Management. The current expenditure for Inventory Management, cost centre 45115, is estimated to be $1,074,000 for 2022/23. This is a decrease of $582, 000, or 35 per cent less than …
Parts for vehicles and equipment are procured, stored, controlled, and issued by the Stores Section, which falls under Inve ntory Management. The current expenditure for Inventory Management, cost centre 45115, is estimated to be $1,074,000 for 2022/23. This is a decrease of $582, 000, or 35 per cent less than the prior year’s budget, largely due to the retirement of aged diesel buses.
Administration
Sen. Rev. Dr. Emilygail A. DillThe Administration Section is primarily responsible for developing department strategy, policy, and procedures —ensuring that the people, processes, and resources are avail able to deliver a quality public bus service. The ex-penditure for Administration, cost centre 45120, which accounts for salaries, utilities and shared services is estimated to be $2,225,000 …
The Administration Section is primarily responsible for developing department strategy, policy, and procedures —ensuring that the people, processes, and resources are avail able to deliver a quality public bus service. The ex-penditure for Administration, cost centre 45120, which accounts for salaries, utilities and shared services is estimated to be $2,225,000 for 2022/23. This is a decrease of $1,016,000, or 31 per cent less than the prior year’s budget due to reduced contractor, mini-bus, and security expenses.
Management Support
Sen. Rev. Dr. Emilygail A. DillThe Management Support team is responsib le for selling and processing bus and ferry fares; and providing administrative services for accounts, procurement, and human r esources. The expenditure for Management Support is estimated to be $738,000 for 2022/23. This is a decrease of $11,000 to 1 per cent less than …
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, it is anticipated that in 2022/23, DPT will generate ap-proximately $2,864,000 in revenue —page B -214 of the Budget Book. This will be attained primarily from bus and ferry fares. Capital Expenditure
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the capital acquisition estimate for the department, as seen on page C -14 of the Budget Book, totals $2,574,000. This is primarily for the acquisition of new elect ric buses consistent with the procurement strat egy for replenishment of the aged bus fleet. The automated bus washer and …
Madam Chairman, the capital acquisition estimate for the department, as seen on page C -14 of the Budget Book, totals $2,574,000. This is primarily for the acquisition of new elect ric buses consistent with the procurement strat egy for replenishment of the aged bus fleet. The automated bus washer and recovery tow truck are both past their useful service life and will be replaced.
Manpower
Sen. Rev. Dr. Emilygail A. DillMadam Chairman, the total complement of full -time equivalents in the new 2022/23 fiscal year is 223, as recorded on page B-215 of the Budget Book. This is unchanged from the 2021/22 budget. The breakdown of FTEs by each section is as follows: Bermuda Senate • Bus Operations, cost centre …
Madam Chairman, the total complement of full -time equivalents in the new 2022/23 fiscal year is 223, as recorded on page B-215 of the Budget Book. This is unchanged from the 2021/22 budget. The breakdown of FTEs by each section is as follows:
Bermuda Senate • Bus Operations, cost centre 45010, has 156 full-time equivalents, unchanged from the pr ior year’s budget. • Cost centre 45090, Repair Servicing, has 46 full-time equivalents, unchanged from the pr ior year’s budget. • Inventory Management, cost centre 45115, has been allocated fiv e full- time equivalents, unchanged from the prior year’s budget. • The number of full-time equivalents for the cost centre 45120, Administration, is four, unchanged from the prior year’s budget. • Management Support, cost centre 45200, has 12 full -time equiva lents, unchanged from the prior year’s budget. Madam Chairman, I take this opportunity to thank this dedicated team at the DPT for their efforts in delivering a safe public bus service.
Major Policy Changes
Sen. Rev. Dr. Emilygail A. Dill[Madam] Chairm an, the department is focused on delivering reliable public bus services. To this end it is replenishing the aged bus fleet, recruiting operat ions and maintenance staff, and investing in new technology. During COVID -19, minibuses have been contracted to pr ovide transportation specifically to get students directly …
[Madam] Chairm an, the department is focused on delivering reliable public bus services. To this end it is replenishing the aged bus fleet, recruiting operat ions and maintenance staff, and investing in new technology. During COVID -19, minibuses have been contracted to pr ovide transportation specifically to get students directly to schools in a safe environment. As we transition to “learning to live with the virus” and once the bus fleet reaches 88 operational buses, we will no longer provide independent transportation for school students. In February 2022, the department took deli very of Bermuda’s first electric buses —a significant milestone on the journey to zero emissions public transportation for Bermuda.
The ChairmanChairmanSenator Dill, I have to interrupt because we have exhausted the hour that was allocated for this debate—
Sen. Rev. Dr. Emilygail A. Dill—and if there are any questions, I would be more than wil ling to answer them if they can submit them to me, I would be more than willing to provide the answers.
The ChairmanChairmanSenator Dill, would you like to move your Heads please?
The ChairmanChairmanThank you very much, Senator Dill. [Motion carried: Ministry of Transport Heads 48, 30, 34 and 35 were approved and stand part of the Est imates of Revenue and Expenditure for 2022/23.]
The ChairmanChairmanI would like for . . . Minister Peets, if you would like to take us out of Committee so that we can move on with the other Orders for the day. [Pause]
The ChairmanChairmanWould you just move that the Committee rise and report progress? [Pause]
The ChairmanChairmanSenator Hodgson will do it. Thank you. Sen. Arianna Hodgson: Thank you, Madam Chai rman. Madam Chairman, I move that the Comm ittee rise, report progress and ask for leave to sit again.
The ChairmanChairmanIs there any objection to that motion? So moved and approved. Sen. Arianna Hodgson: Thank you, Madam Chai rman.
The ChairmanChairmanThank you, Senator Hodgson. Madam President, I am handing it over to you again. [Motion carried: The Committee of Supply agreed to rise and report progress and sought leave to sit again.] Senate resumed at 6:56 pm [Sen. the Hon. Joan E. Dillas -Wright, President , presiding ] 290 24 …
Thank you, Senator Hodgson. Madam President, I am handing it over to you again. [Motion carried: The Committee of Supply agreed to rise and report progress and sought leave to sit again.]
Senate resumed at 6:56 pm [Sen. the Hon. Joan E. Dillas -Wright, President , presiding ] 290 24 March 2022 Official Hansard Report
Bermuda Senate ORDERS OF THE DAY
The Presiden t: Senators and the listening audience, I would like to announce that we are now back in the Senate to continue with our Orders of the Day. Ho wever, I would like to take this opportunity to thank Senator Michelle Simmons, the Vice President of the Senate a nd Senator John Wight for Chairing the Committee of the whole Senate in today’s full day of consideration of the Appropriation Act 2022/23 during which several Ministries and their departments were considered, and I would also like to thank all Senators for their participation. We will now continue with our Orders of the Day. The next Order of the Day is the consideration of the draft Regulations entitled the Government Fees Amendment Regulations 2022, Governor’s recommendation signified. And this is in the name of Senator Arianna Hodgson, the Junior Minister for Finance. Senator Hodgson, you have the floor . . . oh, I would just like to indicate for all Senators that Order No. 2 is carried over until Monday. Senator Hodgson, you have the floor.
Sen. Ari anna Hodgson: Madam President, I move that the Senate do now take under consideration the draft Regulations entitled the Government Fees Amendment Regulations 2022.
The President: Is there any objection to that motion? No objection, carry on Senator Hodgson.
[No audio: 04:58:10- 04:58:58] Sen. Arianna Hodgson: I do apologise. Should I go— The President: Yes, I think you need to start again.
DRAFT REGULATIONS
GOVERNMENT FEES AMENDMENT REGULATIONS 2022 Sen. Arianna Hodgson: Madam President, in the past, the Government reviewed and updated all fees charged for government services every two years. This review was done to ensure there was appropriate cost recovery for the provision of the various services offered by a range of government departments and that inflation was appropriately taken into account. An across the board update of all government fees was last done 2018. The Government has taken the dec ision since 2018 to hold this practice in order for across the board fees increases to relieve pressur es on Bermuda’s families and businesses. Madam President, the Government will ther efore only be amending a few of the government fees in 2022. All other government fees will remain at their 2018 rates. Madam President, the following fees within these Regulations will be amended within the existing Heads in the revised 2022 fee schedule and are as follows: • Head 06, Immigration and Protection Act [1956] . Provisions : [paragraph] 2(b), new fee section ( 15A) [(a)] and (b) , and new fee section (16A ) [(a)] and (b) • Head 10, Building Act 1988 . • Head 11, Bui lding Authority Act 1962. • Head 21, Development and Planning Act 1974 . All provisions for the above Heads have been revised to streamline planning fees and introduce r enewable energy systems fees section. • Head 18 Customs Department Act 1952 is amended [by clause 5] in [paragraph] 1(a) (ii) and (ii i) [sic], (1b) (i) and ( iii) [sic] and [by clause 5] (c) through (g) [which inserts] new fee paragraph (7). • Head 71, Royal Prerogative . Provision : [clause 7(a) amends paragraph] ( 3) [and i nserts] a new fee section, paragraph 5 [(6)]. Thank you, Madam President.
The President: Thank you, Senator Arianna Hodgson. Would any Senator care to speak on this Regul ation? Sen. Ben Smith: Thank you, Madam President.
The President: Senator Ben Smith, you have the floor. Sen. Ben Smith: Yes, the Opposition would just like to state that we have no objection to what the Junior Ministe r has put forward. Thank you.
The President: Thank you, Senator Smith. Would any other Senator care to speak on this Bill? Hearing none, then Senator Arianna Hodgson, it is back to you.
Sen. Arianna Hodgson: Thank you, Madam Pres ident. I move that th e said draft Regulations be a pproved and that the following message be sent to Her Excellency the Governor: May it please Your Excellency: The Senate, having had under consideration the Draft Regulations entitled the Government Fees Amendment Regul ations 2022, proposed to be made by the Minister of Finance, under the provisions of section 2 of the Gov-ernment Fees Act 1965 has the honour to inform Your Excellency that the Senate has approved the said Draft Regulations.
Bermuda Senate The President: Is there any objection to that motion? Hearing none, then thank you Senator Hodgson. A suitable message will be sent to the Governor.
[Motion carried: the Government Fees Amendment Regulations 2022 were approved.]
The President: We move now on to the next item on our agenda and that is item 4 . . . oh, I need to advise Senators that the Payroll Tax Amendment and Validation Act will be carried over to Monday. So, we are moving on to item 5 which is the second reading of the Customs Tariff Amendment Act 2022 and that is also in the name of Senator Arianna Hodgson, the Junior Minister for Finance. Senator Hodgson, you have the floor. Sen. Arianna Hodgson: Thank you, Madam Pres ident. Madam President, I move that the Bill titled the Customs Tariff Amendment Act 2022 be now r ead a second time. The President: Is there any objection to that motion? No objection. Sen. Arianna Hodgson: Thank you, Madam Pres ident.
BILL
SECOND READING
CUSTOMS TARIFF AMENDMENT ACT 2022
Sen. Arianna Hodgson: Madam President , this Bill proposes to amend the Customs Tariff Act 1970, the principal Act, w ith measures that create specific national tariff codes for cash and negotiable instruments, lower the d uty rate for LED light sources, make mi scellaneous harmonising amendments to the simplified tariff currently in use by the post office and courier service s, and expand the scope of duty relief available to the Bermuda Hospitals Board. The v arious measures of the Bill affect both the First Schedule and the Fifth Schedule to the pri ncipal Act. Madam President, the first measure of the Bill involves the introduction of separate national codes for bank notes, cheque forms, and stock share or bond certificates and similar documents of title. These proposed new national codes are intended to make classification of cash and negotiable instr uments easier for importers and to facilitate more detailed statistical reporting on declared imports and exports of currency in support of Bermuda’s anti -money laundering efforts. Madam President, in the 2022/23 Budget Statement in support of the Estimates of Revenue and Expenditure, it was asserted that Bermuda is a juri s-diction committed to cooperation, transparency and high levels of compliance with our international obligations. It was indicated that we have been working with the Caribbean Financial Action Task Force (CFATF) in relation to our anti -money laundering regime. These new national codes are a small but important part of the process of updating and strengthening our regime as we work with the CFATF to ensure the most effective implementation of Financial Action Task Force standards r elated to c ross border movement s of cu rrency in negotiable instruments. Madam Pr esident, for the avoidance of doubt, these proposed amendments are all revenue neutral. The duty rate applicable to currency negotiable i nstruments remains 0 per cent ad valorem. Madam President, I now turn to the proposed lower duty rate for LEDS. Madam P resident, it was predicted in the 2022/23 Budget Statement that the current conflict between Ukraine and Russia will be likely to put further pressure on electricity prices due to the increase in the price of oil. In order to help cushion the cost and inflationary pressures arising from increasing energy prices, the Bill makes provision to reduce the duty rate for energy -efficient light emitting diode ( LED) bulbs and modules from 12 per cent to 5 per cent. It is anti cipated that the resulting reduction in the price of LEDs will encourage their use thereby reducing the amount of money spent by the community on electricity. Madam President, i t has been estimated by the Director of Energy that for residential customers alone this could lead to savings in excess of $450 per year. Also worth considering is that the lifespan of LED light sources is much longer, up to 25 times longer than that of incandescent bulbs. This will ult imately result in additional savings for those hous eholds taking up this technology. I t is further anticipated that some of the savings on electricity could also translate to additional beneficial spending in the local economy. Madam President, I now progress to the mi scellaneous harmonising amendments to the simplified tariff. These proposed amendments affect heading 98.03 of the First Schedule to the principal Act. Heading 98.03 is used to classify goods imported by post or via courier service. The Bill introduces a number of textual changes and new national codes to better align with subheading description of heading 98.03 with those of the headings of the first 97 chapters of the First Schedule to the principal Act. Madam President, once again I would emphasise that these harmonising changes are all rev enue neutral. Madam President, in the 2022/23 B udget Statement, it was pointed out that the increase in anticipated Government current account expenditure includ ed the additional $11.1 million to the Bermuda Hospitals Board [BHB] to meet the funding shortfall. Senate Members may be awar e the BHB has exper i292 24 March 2022 Official Hansard Report
Bermuda Senate enced a reduction in actual and forecast revenue largely attribut able to the economic impact of the COVID -19 pandemic. Madam President, while the BHB already benefits from extensive duty relief in respect of hosp ital equipment , the Bi ll proposes to introduce a new end-use duty relief in the Fifth Schedule to the princ ipal Act for hospital operating supplies. This is being done to assist the BHB in offsetting additional operating expenses. The period of the new relief is to be restricte d to 17 months, from the 1st of April 2022 until the 31st of August 2023. Madam President, in addition to the principal measures of the Bill that I have already described, the opportunity is being taken to correct a number (eight in total) of minor textual errors arising from the HS 2022 amendments made to the First Schedule in D ecember 2021. Thank you, Madam President.
The President: Thank you, Senator Arianna Hodgson. Would any Senator care to speak on this Bill? Senator De Couto, you have the floor.
Sen. Dr. Douglas De CoutoI might apologise in advance because I am looking at the Bill and all I can see is the bit about the hospitals and perhaps I am missing something and I might just need to have that explained to me about the bulbs and so forth. The President: You have …
Sen. Dr. Douglas De CoutoTo the Junior Minister, my question is where do I find the . . . and this is my . . . you know, being brand new here, where do I find the information that you are speaking to? Because I do not see it in the Bill, the Schedules, …
To the Junior Minister, my question is where do I find the . . . and this is my . . . you know, being brand new here, where do I find the information that you are speaking to? Because I do not see it in the Bill, the Schedules, about the bulbs and the energy. I just see a Schedule about the hospital supplies. Is there another place I need to go to look to find the detailed Schedule?
Sen. Arianna Hodgson: These details are provided in the Bill, in the Customs Tariff Amendment Act 2022. If you look at page 1, it talks about the amendments to the Fifth Schedule.
The President: Senator Hodgson, could you repeat the comment you just made? I did not hear it —
Sen. Michelle Simmons: Madam President, I do not know if it is just me, but I am having trouble hearing Senator Hodgson and Senator De Couto. If, you know, they can just get closer to their microphones. I really cannot hear them.
Sen. Arianna Hodgson: I was guiding Senator De Couto, sorry, to page 1 of the Bill draft. He was asking the relevance of the Bermuda Hospital Board, or where it would be found, I believe.
[Inaudible interjections] Sen. Arianna Hodgson: Oh, the LED bulbs.
[Pause]
Sen. Dr. Douglas De CoutoIt just may be procedural and, maybe, Junior Minister, it is as simple as I just . . . I am supposed to know to look on this website and pull that up and know t hat I must read that page on that website in conjunction with this Bill. …
It just may be procedural and, maybe, Junior Minister, it is as simple as I just . . . I am supposed to know to look on this website and pull that up and know t hat I must read that page on that website in conjunction with this Bill.
Sen. Arianna Hodgson: No, this is the Bill. So, you would look at page 352.
[Inaudible interjections]
The President: Senators, there is a reference in the Schedule if you look on the back page. The Clerk: Page 3.
The President: On page 3 of the Bill itself.
[Inaudible interjections] The Clerk: There is a website cited here on page 3 in the Schedule, in the Bill. [Inaudible interjections]
The Clerk: Yes, there is a reference t o the First Schedule and it says it is published on the Bermuda Government portal at the following web address, and that is on page 3 in the Bill.
Sen. Dr. Douglas De CoutoOkay, th ank you f or that clarification , Mr. Somner. The President: So, Senator, do you have a question or a comment on the Bill itself?
Madam President .
The PresidentThank you. Would any other Senator care to speak on this Bill? Senator Smith, you have the floor. Sen. Ben Smith : Thank you, Madam President . Bermuda Senate The Opposition has no objection to the Bill and obviously anything that is going to lower costs and probably have an …
Thank you. Would any other Senator care to speak on this Bill? Senator Smith, you have the floor.
Sen. Ben Smith : Thank you, Madam President .
Bermuda Senate The Opposition has no objection to the Bill and obviously anything that is going to lower costs and probably have an impact on the environment as well is important for all of us to support. So, thank you, Junior Minister.
The President: Thank you, Senator Smith. Would any other Senator care to speak on this Bill? Hearing none, then Senator Arianna Hodgson it is over to you. Can you be sure that you have your mic close to you and speak loudly? Thank you.
Sen. Arianna Hodgso n: Yes, I do apologise. Madam President, I move that the Bill titled the Customs Tariff Amendment Act 2022 be now read a second time.
The President: Is there any objection to that motion? No objection.
SUSPENSION OF STANDING ORDER 26 Sen. Arianna Hodgson: Thank you, Madam Pres ident. Madam President, I move that [Standing O rder] 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
CUSTOMS TARIFF AMENDMENT ACT 2022 Sen. Arianna Hodgson: Thank you, Madam Pres ident. I move that Bill entitled the Customs Tariff Amendment Act 2022 be now a read a third time.
The President: Is there any objection to the third reading? There is 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 titled the Customs Tariff Amendment Act 2022 do now pass. Is there any objection to that motion? No objection. Thank you, Senator Arianna Hodgson.
[Motion carried: The Customs Tariff Amendment Act 2022 was read a third time and passed.] The President: We will move now on to the next item on our agenda which is the second reading of the Motor Car Amendment Act 2022 and that is in the name of Senator Emilygail Dill, the Junior Minister for Transport. Senator Dill, you have the floor.
Sen. Rev. Dr. Emilygail A. DillThank you, Madam President . I move that the Bill entitled the Motor Car Amendm ent Act 2022 be now read the second time. The President : Is there any objection to that motion? No objection. Carry on, Senator Dill. BILL SECOND READING MOTOR CAR AMENDMENT ACT 2022
Sen. Rev. Dr. Emilygail A. DillMadam President, the Bill I pr esent today is the Motor Car Amendment Act 2022. Members of these Chambers may recall that reducing private car licensing fees by 10 per cent is one of the initiatives set out in the 2022/23 Budget Statement to lessen the burden of taxation on …
Madam President, the Bill I pr esent today is the Motor Car Amendment Act 2022. Members of these Chambers may recall that reducing private car licensing fees by 10 per cent is one of the initiatives set out in the 2022/23 Budget Statement to lessen the burden of taxation on our communit y. The Bill amends the Motor Car Act 1951 to provide for the 10 per cent reduction in the licence fees for private motor cars and for the reduction in fees to come into effect on the 1 st of April. Thank you, Madam President .
The President : Would any Senator care to speak on this Bill? Senator Ben Smith, you have the floor.
Sen. Ben Smith : Thank you, Madam President . The Opposition has no objection.
The President : Would any other Senator care to speak on the Bill? Senator Michelle, you have the floor.
Sen. Michelle Simmons: Thank you, Madam Pres ident. I would just like to say that at this point any r eduction in licence fees will be welcomed by, I think, most sectors in our community. So thank you for this, to the Government of Bermuda.
The Presiden t: Thank you, Senator Simmons. Senator Dill, it seems you have full support, so continue.
Sen. Rev. Dr. Emilygail A. DillMadam President, I move that [Standing Order] 26 be— The President: Second reading first. 294 24 March 2022 Official Hansard Report B ermuda Senate Sen. Rev. Dr. Emilygail A. Dill: Madam President, I move that the Bill entitled Motor Car Amendment Act 2022 be now read a third time. The …
Sen. Rev. Dr. Emilygail A. DillBe now read a second time. The President: Is there any objection to that motion? No objecti on. SUSPENSION OF STANDING ORDER 26
Sen. Rev. Dr. Emilygail A. DillMadam President, I move that [Standing Order] 26 be suspended in r espect of this Bill. The President: Is there any objection to that motion? No objection. [ Motion carried: Standi ng Order 26 suspended.] BILL THIRD READING MOTOR CAR AMENDMENT ACT 2022
Sen. Rev. Dr. Emilygail A. DillI move that the Bill titled Motor Car Amendment Act 2022 be now read a third time. The President: Is there any objection to the third reading? No objection.
Sen. Rev. Dr. Emilygail A. DillMadam President, I move that the Bill do now pass. The President: It has been moved that the Bill titled the Motor Car Amendment Act 2022 do now pass. Is there any objection to that motion? No objection. The Bill is passed. Thank you, Senator Dill. [ Motion carried: The …
Madam President, I move that the Bill do now pass. The President: It has been moved that the Bill titled the Motor Car Amendment Act 2022 do now pass. Is there any objection to that motion? No objection. The Bill is passed. Thank you, Senator Dill. [ Motion carried: The Motor Car Amendment Act 2022 was read a third time and passed.] The President: We are moving on to the next item and that is consideration of the draft Regulations titled the Mortgaging of Aircraft and Aircraft Engines (Fees) Amendment Regulations 2022 . And that is in the name of Senator Dill, as well, the Junior Minister for Transport. Senator Dill, do you have the motion?
Sen. Rev. Dr. Emilygail A. DillMadam President, I move that the Senate do now take into consideration the draft Regulations entitled the Mortgaging of Ai rcraft and [ Aircraft ] Engines (Fees) Amendment Reg ulation 2022. The President: Is there any objection to that motion? No objection. Carry on, Senator Dill . DRAFT REGULATIONS MORTGAGING …
Sen. Rev. Dr. Emilygail A. DillMadam President , today I am presenting the Mortgaging of Aircraft and Aircraft Engines (Fees) Amendment Regulation s 2022 . Madam President, the Bermuda Civil Aviation Authori ty, (“the Authority”) submitted a request for these amendments since the fees for mortgaging ai rcraft and aircraft engines have not been adjusted …
Madam President , today I am presenting the Mortgaging of Aircraft and Aircraft Engines (Fees) Amendment Regulation s 2022 . Madam President, the Bermuda Civil Aviation Authori ty, (“the Authority”) submitted a request for these amendments since the fees for mortgaging ai rcraft and aircraft engines have not been adjusted since 1999 and do not reflect the increased cost of providing such services since that date. The Authority analysed fees charged by other aircraft registries and found that Bermuda’s fees are pretty low. Madam President, the increase in fees will cover operational costs for providing the services and generate revenue from banks and leasing companies based offshor e. It is intended that the fees will come into effect on the 1 st of April 2022. Thank you, Madam President . The President: Thank you, Senator Dill. Would any other Senator care to speak on this Bill? Senator Smith? Se n. Ben Smith: Thank you, Madam Pr esident . The Opposition has no objection to this Bill. Thank you. The President: Thank you. Would any other Senator care to speak on this Bill? Hearing none, and it has full support, Senator Dill, it is back to you.
Sen. Rev. Dr. Emilygail A. DillMadam President, I move that the said draft Regulations be approved and that the following message be sent to Her Excellency the Governor: May it please Your Excellency: The Senate, having had under consideration Draft Regulations entitled the Mortgaging of Aircraft and Aircraft Engines (Fees) Amendment Regulations 2022, proposed to …
Madam President, I move that the said draft Regulations be approved and that the following message be sent to Her Excellency the Governor: May it please Your Excellency: The Senate, having had under consideration Draft Regulations entitled the Mortgaging of Aircraft and Aircraft Engines (Fees) Amendment Regulations 2022, proposed to be made by the Minister of Transport in exercise of the
Bermuda Senate power conferred by section 7(1)(b) of the Mortgaging of Aircraft and Aircraft Engines Act 1999 has the honour to inform Your Excellency that the Senate has approved the said Draft Regulations.
The President: Is there a ny objection to that motion? No objection.
Sen. Rev. Dr. Emilygail A. DillThank you, Madam President. [Motion carried: the Mortgaging of Aircraft and A ircraft Engines (Fees) Amendment Regulations 2022 were approved.] The President: Thank you. We will now move on to— [Crosstalk] The President: Senators, item 8 on the Orders of the Day is carried over until Monday. So we will …
Thank you, Madam President. [Motion carried: the Mortgaging of Aircraft and A ircraft Engines (Fees) Amendment Regulations 2022 were approved.] The President: Thank you. We will now move on to— [Crosstalk]
The President: Senators, item 8 on the Orders of the Day is carried over until Monday. So we will move on to item 9 which is the second reading of the Municipalities Amendment Act 2022 and that is in the name of Senator O. K. Darrell, the Junior Minister for Public Works. Sen. Owen Darrell : Thank you, Madam President . Madam President, I move that the Bill titled the Municipal ities [ Amendment ] Act 2022 be now read the second time. The President : Is there any objection to that motion? No objection. Sen. Owen Darrell : Thank you, Madam President .
BILL
SECOND READING
MUNICIPALITIES AMENDMENT ACT 2022 Sen. Owen Darrell : Madam President, I introduce the Bill entitled Municipalities Amendment Act 2022 . This Bill seeks to amend the Municipalities Act 1923 to provide for the next ordinary municipal elections for the Mayor and Councillors of the Corporations of Hamilton and St. George’s to be postponed for a year and to be held May 2023, not May 2022. Madam President, the Government promised in the 2020 Throne Speech that municipal refor m for the Corporations of Hamilton and St. George’s w ill be advanced. However, due to the constitutional cha llenge brought against the Government by the Corporation of Hamilton in 2019 in relation to the Municipal ities Reform [Act] 2019, which proposed the abolition of municipal elections and replacing elected mayors and officials with appointed ones, those plans were halted. The Supreme Court of Bermuda ruled in f avour of the Government as articulated in the Chief Justice’s judgment of the Corporation of Hamilton ve rsus The Attorney General and The Governor of Ber-muda 2019. Madam President, the Corporation of Hami lton appealed to the Court of Appeals which was held over four days in November 2021. During the period between November 2021 and March 2022, w hile awaiting judgment, the Government proposed to pos tpone the scheduled May 2022 municipal elections to May 2023 to err on the side of caution. Madam President, though the judgment from the Court of Appeals received on the 18 March 2022 favours the Government , the Government wishes only to maintain the status quo while it determines the next steps. Madam President, as further stated in the House by the honourable Minister, and I reiterate, consultation has been undertaken with respective Corporations r egarding the proposed Bill. During the consultation period the Government requested that any information regarding possible resignations be sent to the Ministry with responsibility for municipal ities so that the Government can best plan if such an event were to occur. To this da y, the Ministry has not received any communication following said meetings . Madam President, this Government will fulfil its promise to the people of Bermuda who have put their faith in us. Municipal reform for the Corporations of Hamilton and St. George’s will be advanced in the future. Thank you, Madam President .
The President : Thank you, Senator Darrell. Would any Senator care to speak on this Bill? Senator De Couto, you have the floor.
Sen. Dr. Douglas De CoutoThank you, Madam President . My understanding is that the current Gover nment is a big advocate of representation, and it seems to me why not let the taxpayers of the city have their selected representatives until such proposed reforms may or may not actually occur . Thank you. The …
Thank you, Madam President . My understanding is that the current Gover nment is a big advocate of representation, and it seems to me why not let the taxpayers of the city have their selected representatives until such proposed reforms may or may not actually occur . Thank you.
The President : Senator?
Sen. Owen Darrell : Yes . . . I am sorry. Do I need— The President: I do not know if he has posed that as a question or just a comment.
Sen. Dr. Douglas De CoutoAs such, I do not agree with this Bill, Madam Presi dent. Thank you. 296 24 March 2022 Official Hansard Report Bermuda Senate Sen. Owen Darrell : Madam President, I am a little confused by the statement by the Senator. In my brief, I clearly stated that all this Bill …
As such, I do not agree with this Bill, Madam Presi dent. Thank you.
296 24 March 2022 Official Hansard Report
Bermuda Senate Sen. Owen Darrell : Madam President, I am a little confused by the statement by the Senator. In my brief, I clearly stated that all this Bill is doing is postponing the elections for a year and all elected positions will stay in place, un less there were any resignations. And I think [there is] a line in here that says, to date, we have not received a note of any resignations. So, what the Senator is asking is actually exactly what this Bill is doing. Thank you, Madam President .
The Pre sident: Would any other Senator care to speak on the Bill? Senator Michelle Simmons has indicated first— Sen. Michelle Simmons: Thank you, Madam Pres ident. I just want to say that I support this Bill because it still allows the voters in the two munic ipal districts to exercise their constitutional right to vote to elect their own representatives. So, I am in support of the Bill. Thank you.
The President: Thank you, Senator Simmons. Would any other Senator care to speak? Se nator Ben Smith, you have t he floor.
Sen. Ben Smith : Thank you, Madam President . I actually [am] supportive of the fact that there will be a further consultative process and that the Government will take the time to listen to any objections and any potential plans that will come fr om both Hamilton and St. George’s . And postponing for a year, giving that opportunity to happen is important for us to try to get the best result in this. And for that reason, I can su pport it. Thank you.
The President: Thank you, Senator Ben Smith. Would any other Senator care to speak? Senator John Wight, you have the floor. Sen. John Wight: Thank you, Madam President . I would echo Senator Smith’s comment. I think the consultative process is what is required moving forward. So, I am supportive of t his Bill with the proviso that the consultation takes place in the coming year as well. Thank you, Madam President .
The President: Thank you, Senator Wight. Any other Senator care to speak? Hearing none, then Senator Darrell, it is back to you. Sen. Owen Darrell : Thank you, Madam President . Madam President, I move that the Bill titled the Municipalities Amendment Act 2022 be now read a second time.
The President: Is there any objection to that motion? No objection.
SUSPENSION OF STANDING ORDER 2 6
Sen. Owen Darrell : 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
MUNICIPALITIES AMENDMENT ACT 2022
Sen. Owen Darrell : Madam President, I move that the Bill titled the Municipalities Amendment Act 2022 be now a read a third time.
The President: Is there any objection to the third reading? No objection. Sen. Owen Darre ll: Madam President, I move that the Bill do now pass.
The President: It has been moved that the Bill ent itled the Municipalities Amendment Act 2022 do now pass. Is there any objection to that motion? No objection. The Bill is passed. Thank you, Senator Darrell and Senators for your response.
[Motion carried: The Municipalities Amendment Act 2022 was read a third time and passed.]
The President: We are moving on to the next item on the agenda and that is the second reading of the Municipalities Ame ndment (No. 2) Act 2022 and that is also in the name of Senator Darrell. You have the floor.
Sen. Owen Darrell : Thank you, Madam President . Madam President, I move that the Bill entitled the Municipalities Amendment (No. 2) Act 2022 be now read the secon d time. The President : Is there any objection to that motion? No objection.
Bermuda Senate Sen. Owen Darrell : Thank you, Madam President .
BILL
SECOND READING
MUNICIPALITIES AMENDMENT (NO. 2) ACT 2022
Sen. Owen Darrell : Madam President, I introduce the Bill titled the Municipalities Amendment (No. 2) Act 2022 . The Bill amends the Municipalities Act 1923 to provide for the appointment of parking enforcement officers (PEOs) by the Governor for the purpose of enforcing the law with respect to parking offences on the streets of municipal areas of the City of Hamilton and the Town of St. George’s , and to make cons equential amendments. Madam President, colleagues may recall that the Corporation of Hamilton announced in September 2021 the implementation of P arking Enforcement Officers for the purpose of enforcing traffic laws within their jurisdiction. However, in 2021 the Ministry of Public Works questioned the lawfulness of suc h action. As a result, the then acting Minister of Public Works issued a directive for the P arking Enforcement Officer s to stand down effective November 4, 2021, in order to facilitate the amending of existing legislation which would accomplish the goal of making P arking Enforcement Officer s lawful. Madam President, this Bill will give the P arking Enforcement Officers powers similar to those of the traffic wardens within the City of Hamilton, and permit the Corporation of St. George’s to implement a simila r parking enforcement regime. The revenue generated from issuing tickets will go to the respective Corporation in accordance with section 18A of the Traffic Offences Procedure Act 1974, which provides that the penalty for a parking offence committed within a municipal area shall accrue to the revenues of the Corporation of Hamilton or the Corporation of St. George’s. Thank you, Madam President .
The President : Thank you, Senator Darrell. Would any Senator care to speak on this? Senator Ben Smith, you ha ve the floor. Sen. Ben Smith : Thank you, Madam President . I was just wondering if the Junior Minister would be able to tell us whether those parking atten dants had been retained during this period while the transition is happening because, obviously, w hen it was announced it was quite a big deal. I could tell that all those people were quite proud of having that job. And now over this period of time where this process was happening, were they retained in those jobs so that they can now carry on once thi s amendment goes through? If he has that information, I think it would just be good for us to know that those jobs were kept while that happened. Other than that, we do not have an objection with this being put forward. Thank you. The President : Thank you, Senator Ben Smith. Would any other Senator care to speak? Senator Michelle Simmons, you have the floor.
Sen. Michelle Simmons: Thank you, Madam Pres ident. I just want to add that we were beginning to see the positive effects of these PEOs in the town of St. George’s , until it was realised that their actions had to be made lawful. We are looking forward to seeing their return, so I am in support of the Bill. And, obviously, we want to see them back in Hamilton and St. George’ s. Thank you, Madam Presi dent.
The President: Thank you, Senator Michelle Si mmons. Would any other Senator care to speak on this Bill? Hearing none, then Senator Darrell, it is back to you. Sen. Owen Darrell: Just an answer to Senator Smith’s question: I have been reliably informed that the Parking Enforcement Officers were retained, and they have been moved to other duties in the interim while this was getting rectified. So, they will be back in their posts shortly.
[Laughter]
Sen. Owen Darrell: Some of you may have seen . . . and this is just extra. You may have seen over the Christmas holiday when town was really busy, they were actually helping to direct traffic. Okay, Madam President, I move that the Bill entitled the Municipalities Amendment (No. 2) Act 2022 be now read a second time. The President: Is there any objection to that motion? No objection.
SUSPENSION OF STANDING ORDER 26
Sen. Owen Darrell : 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.]
298 24 March 2022 Official Hansard Report
Bermuda Senate BILL
THIRD READING
MUNICIPALITIES AMENDMENT (NO. 2) ACT 2022
Sen. Owen Darrell : Madam President, I move that the Bill entitled the Municipalities Amendment (No. 2) Act 2022 be now a read a third time. The President: Is there any objection to the third reading? No objection. Sen. Owen Darrell : Madam President, I move that the Bill do now pass.
The President: It has been moved that the Bill ent itled t he Municipalities Amendment (No. 2) Act 2022 do now pass. Is there any objection to that motion? No objection. The Bill is passed. Thank you, Senator Owen Darrell and all Senators.
[Motion carried: The Municipalities Amendment (No. 2) Act 2022 was rea d a third time and passed.]
The President: We move on to the next item on the Order Paper, and that is the second reading of the National Pension Scheme (Occupational Pensions) Amendment and Validation Act 2022, and that is in the name of Senator Arianna Hodgson, the Junior Minister for Finance. Senator Hodgson, you have the floor.
Sen. Arianna Hodgson: Thank you, Madam Pres ident. I move that the Bill entitled the National Pension Scheme (Occupational Pensions) Amendment and Validation Act 2022 be now read a second time. The President: Is there any objection to that motion? No objection. Sen. Arianna Hodgson: Thank you, Madam Pres ident.
BILL
SECOND READING
NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT AND VALIDATION ACT 2022
Sen. Arianna Hodgson: I am pleased to provide for the consideration of the Senate the Bill entitled the National Pension Scheme (Occupational Pensions) Amendment and Val idation Act 2022 . Madam President, Senators will be aware that the National Pension Scheme (Occupational Pe nsions) Act 1998, provides for the establishment, administration and regulation of private sector occup ational pension plans in Bermuda. The Act became operational on the 1st of January 2000, and over the years a number of amendments to the Act and Regulations have been introduced to provide for various matters. Madam President, I am pleased to provide the following statistics received from the Pension Commission as of the 31st of December 2021, based on estimates and actual data received from plan admini strators. The National Pension Scheme contained 49,324 plan members or former members. There were a total of 3,203 employer plans; 3,188 of which are defined contribution and 15 defined benefits. The total value of assets under the National Pension Scheme was US$3.8 billion, consisting of US$2.6 billion in employer plans and US$1.2 billion in approved local r etirement products. There were 544 self -employed plans, and a total of BMD$36.4 million in financial hardship payments have been made. Madam President, recognising the significant economic impact that the COVID -19 pandemic caused on the domestic economy, Government intr oduced a number of amendments to the Act since 2020 to provide active plan members and those 65 and ol der additional access to their pension funds. In partic ular, the following refunds were granted: • temporary refunds up to $12,000, which en ded on the 30 th of June 2021; and a further $6,000 for persons under the age of 65, which will end on the 30 th of June 2022; • small pension refunds for those who have reached their retirement age of 65 with $50,000 and under pension fund account balances, and lump sum refunds for those reac hing normal retirement age up to 25 per cent of an applicant’s pension fund account balance. Madam President, these additional refunds have provided timely and substantial financial support to Bermudians, and I am please to provide the follo wing summary of appr oved refund payments up to 31 December 2021: • temporary refunds of $188.7 million; • small pension refunds of $5.68 million; and • twenty -five per cent lump sum refunds of $35.01 million. Madam President, Senators will recall that last year the Government int roduced the National Pension Scheme (Refund) (Temporary) Regulations 2021 to provide for the ability of plan members under the age of 65 to be able to withdraw up to $6,000 from their employer pension plan fund or individual local retir ement product. Appli cations for such temporary refunds are made via the respective pension plan administr aBermuda Senate tors with oversight provided by the Pension Commi ssion. It has been determined that such regulations, while approved, were not published in the Official G azette due to an administrative oversight. Senators are advised that in order to rectify the publication of the required regulations, the National Pension Scheme (Refund) (Temporary) Regulations 2022 were pub-lished in the Official Gazette on the 8 th of March 2022. Madam President, the proposed Bill deems to have the 2022 Regulations to have had effect since the 5th of July 2021. Madam President, the financial impact of COVID -19 is still with us . And many in our community are still facing economic challenges requiring the Government to consider providing additional financial support and relief. Madam President, the 2022/23 Budget Statement recognised the Government ’s actions of the last two years to allow persons to have voluntary access to their pensions in case they w ere having difficulty making ends meet due to reduced hours of business. In particular, in 2020 residents could withdraw up to $12,000, and in 2021 they could withdraw up to $6,000. This Bill reflects the Government’s commi tment to provide an additional avenue for relief for those Bermudians who really need it by permitting, for a final time, a further voluntary withdrawal of up to $6,000. Madam President, in closing, I would like to thank all those persons within the Pension Commi ssion, the Attorney General’s Chamber, and the Mini stry of Finance who have assisted with the develop-ment of this Bill. Thank you, Madam President.
The President: Thank you, Senator Hodgson. Would any Senator care to speak on this Bill? Senator Ben Smith , you have the floor .
Sen. Ben Smith : Thank you, Madam President . Obviously, we are supportive of this because we are in a situation where we have portions of our population that have had to not just do this once but multiple times. The difficulty is that this is going to mean that they are taking from their future in order to pay for today because things are so bad. Bermuda is an expensive jurisdiction, and when people are getting older and they are going to have more needs, they are not going to have the o pportunity to re ly on this money. So, although we are supportive of taking care of the today, we are going to have to find a way to support people in the future because once this money is gone they are not going to have an opportunity to replenish it, really —especially if they are at an age where they are not going to be able to continue to earn. This is a balancing act. It is something that we have to do to take care of our people today, but we are all going to have to get our heads together to fi gure out how we are going to deal with this going forward because it could have a devastating impact on our community in the years to come. Thank you.
The President: Thank you, Senator Smith. Would any other Senator care to speak on this Bill? Yes, Senator John Wight, you hav e the floor. Sen. John Wight: Thank you, Madam President . Yes, I will just add to Senator Smith’s comments. Being the CEO of one of the large pension providers, I have seen a number of people over the last couple of years withdraw funds for many good reasons to make ends meet. Just anecdotally, we have also seen instances where people are using those funds for reasons other than, I think, strictly necessary reasons. So, to Senator Smiths’ comments, many pe ople’s defined contribution plans are slim enough as they were before to provide for adequate retirement finances. I would just caution any individual who considers withdrawing a further $6,000 that this be done for emergency requirements only, because, as I say, the case of insufficient pensions has long been an issue in Bermuda. With the cost of living and inflation being what it is, it will only get worse in the future. Thank you, Madam President .
The President: Thank you, Senator John Wight. Would any other Senator care to speak? Senator Robin Tucker, you have the floor.
Sen. Robin Tucker : Thank you, Madam President . I echo the sentiments of my Senate co lleagues. I would just like to ask the Junior Minister . . . obviously, this is the final withdrawal during this particular crisis. But I just wanted to get some clarity. Is it only a final withdrawal for this crisis, or final withdra wal, sort of, period, outside of the regular sort of pension commission already pre- approved types of wit hdrawals? So, in other words, is it just about this partic ular crisis that we are dealing with? If another crisis comes up, is it likely that we are going to have this type of opportunity again? So, just some clarity around that. Thank you, Madam President . The President: Thank you, Senator Robin Tucker. Senat or Michelle Simmons, you have the floor. Sen. Michelle Simmons: Thank you, Madam Pres ident. I would like to join with my Senate colleagues who have spoken already about caution. It is really important that people should carefully consider 300 24 March 2022 Official Hansard Report
Bermuda Senate whether they sh ould go ahead and make such a wit hdrawal, especially if they have already made one from their pension plan, because the future is coming when they will have retired and they will be looking for si gnificant support from their pension. It is really i mportant that before any lump sum withdrawal is made this time around that they should carefully consider. I also wanted to ask a question about . . . and it is really connected with what my Senate colleague, Senator Tucker, has just asked. When does this come to an end? Can the Junior Minister clarify when people will no longer be able to go and withdraw this lump sum that we are approving, hopefully today? I could not really pick that up from the amendment to the Bill. Thank you. The President: Thank you, Senator Michelle Si mmons. Senator Hodgson, you have a couple of questions. [Pause] The President: Senator Hodgson, as you are waiting for [answers], I have a question with respect to whether individuals are counselled. You know, before they actually take or are given the money, are they cautioned?
Sen. Arianna Hodgson: Madam President, in response to your question, I can say at this time they are not counselled. With regard to Senator Tucker’s question, at this time we can state that it is final. And, of course, we cannot speak to what would happen in the future, but as of today this will be the final withdrawal. This withdrawal can take place up until the 30 th of June 2023. An Hon. Senator: Oh?
Sen. Arianna Hodgson: Yes, 2023. Thank you.
The President: If those are the answers to the questions, then Senator Hodgson, just back to you to —
Sen. Arianna Hodgson: Thank you, Madam Pres ident. Madam President, I move that the Bill entitled the National Pension Scheme (Occupational Pe nsions) Amendment and V alidation Act 2022 be now read a second time. The President: Is there any objection to that motion? 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
NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT AND VALIDATION ACT 2022
Sen. Arianna Hodgson: Thank you, Madam Pres ident. I move that Bill entitled the National Pension Scheme (Occupational Pensions) Amendment and Validation Act 2022 be now a read a third time.
The President: Is there any objection to the third reading? No objec tion.
Sen. Arianna Hodgson: Madam President, I move that the Bill do now pass. The President: It has been moved that the Bill do now pass. Is there any objection to that motion? No objection. The Bill is passed. Thank you, Senator Arianna Hodgson and all Senators who contributed.
[Motion carried: The National Pension Scheme (O ccupational Pensions) Amendment and Validation Act 2022 was read a third time and passed.]
The President: We now move on to the next item on our agenda, and that is c onsider ation of the draft Regulations entitled the National Pension Scheme (Refund) (Temporary) (No. 2) Regulations 2022. And that is also in the name of Senator Arianna Hodgson, the Junior Minister for Finance. Senator Hodgson, you have the floor. Sen. Arian na Hodgson: Thank you, Madam Pres ident. Madam President, I move that the Senate do now take under consideration the draft Regulations entitled the National Pension Scheme (Refund) (Te mporary) (No.2) Regulations 2022 .
The President: Is there any objecti on to that motion? No objection.
Bermuda Senate DRAFT REGULATIONS
NATIONAL PENSION SCHEME (REFUND) (TEMPORARY) (NO.2) REGULATIONS 2022
Sen. Arianna Hodgson: Thank you, Madam Pres ident. I am pleased to present the National Pension Scheme (Refund) (Temporary) (No. 2) Regulations 2022 for the consideration of Senators . Madam President, the National Pension Scheme (Occupational Pensions) Amendment and Validation Act 2022, w hich Senators have just approved, provides the authority to permit members and former members of defined contribution pension plans and individual local retirement product s to be able to voluntarily withdraw up to $6,000. These Regulations provide the fra mework for applying for the refund and other related matters, such as applicants having more than one account, stat ement of account, incomplete or defective applications, consideration of applications, decision of Administr ator, payment of refunds, non- imposition of charges by Administrator, Administrator compliance, Administrator recordkeeping, Administrator reporting to the Commission and commencement and expiration of the Regulations , as well as supplement ary provisions. Madam President, as in previous temporary refunds, the applications for these refunds will be made via the pension plan Administrators. These Regulations provide various checks and balances to ensure that applications are correct and that plan members only apply once and limit the withdr awal to not more than $6,000 for all accounts held by the ap-plicant. Madam President, Administrators are well placed to provide for the administration of these r efunds having successfully done so on the two prev ious occasions of such temporary refunds. Madam President, the specifics of the pr oposed Regulations are as follows: Regulation 1 is self -explanatory and provides for the citation of the Regulations . Regulation 2 inserts various definitions. Regulation 3 provides for those who can apply under the Regulations and the process for applying for a refund. Regulation 4 enables persons with more than one account to submit an application for any or all of their accounts, but limits the total refunds to $6,000 for all such accounts. Regulation 5 requires a statement of account to be received from an Administrator within seven working days. Regulation 6 provides for the consideration of applications by a plan Administrator, the handling of incomplete or defective applications and restrictions on approving such applications. Regulation 7 provides for the decisions of the Administrators and notification of such to applicants. Regulation 8 provides for the payment of r efund for any approved application within 20 working days. Regulation 9 prohibits Administrators from i mposing a charge in performing their duties or requir ements under the Regulations. Regulation 10 provides for the Administrators’ compliance with the Regulations notwithstanding any contrary terms of the pension plan or local retirement product and having regard to any advice or guidance issued by the Commission. Regulation 11 specifies recordkeeping r equirements by Administrators. Regulation 12 provides for the requirement to submit reports to the Commission and the information contained in such reports. Regulation 13 provides for the commenc ement of the Regulations. Thank you, Madam President .
The President: Thank you, Senator Arianna Hodgson. Would any Senator care to speak on this Bill? Senator Ben Smith, Opposition Leader, you have the floor. Sen. Ben Smith : Thank you, Madam President . Obviously, after the last one we are not going to object to this, but it is interesting. The comment that Madam President made at the end of the last group had me thinking that potentially this is something that we should have . . . where there is somebody there to talk them through this decision. It is not to tell them no; but to at least give them some information about the decision they are making —why they are making it, what kind of savings do they have, what that plan looks like. Because I know certain people that have gone out and used the money and purchased a bike, as an example. The problem with that is that in six years’ time when that bike is no longer working, that money is gone. And that was pro bably not the decision that was the right one for them. And maybe if somebody had had the opportunity to talk them through it, they might not have made that decision. I think it is important that when we have people who are suffering the way that they are we take out the time to maybe give them some of those details that they might not have. And this was my only opportunity to speak to that. I thought it was a great idea, so thank you,
Madam President .
The PresidentThank you, Senator Ben Smith. Woul d any other Senator care to speak? Senator John Wight, you have the floor. 302 24 March 2022 Official Hansard Report Bermuda Senate Sen. John Wight: My understanding and recollection, Madam President , and I may have this a little bit wrong, but . …
Thank you, Senator Ben Smith. Woul d any other Senator care to speak? Senator John Wight, you have the floor.
302 24 March 2022 Official Hansard Report
Bermuda Senate Sen. John Wight: My understanding and recollection, Madam President , and I may have this a little bit wrong, but . . . prior to the pandemic starting there was a hardship provisio n whereby policyholders could approach the Pension Commission to withdraw funds. I think in that process there was some sort of counselling. During the pandemic, when that started, there were literally thousands of people putting requests in. So you can i magine the urgency of people getting their funds was much greater than the time that the Administrators would put into trying to counsel people on whether they really indeed needed those funds. So, I guess all of that is to say that I think that the pr ior-to-pandemic policy of applying for hardship prov isions to the Pension Commission might be the recipe going forward. To Senator Smith’s comment, we do not want people buying bikes with the funds that they are taking out. So, I think we do have something in place that can provide the advice by way of the Pension Commission. That would, I think, be of comfort to my Senate colleagues in that regard.
The President: Thank you, Senator Wight. Any other Senator care to speak? If not, it is back to you, Senator Hodgson.
Sen. Arianna Hodgson: Thank you, Madam Pres ident, and I would like to thank the other Senators for their comments as well during this time. Madam President, I move that the said draft Regulations be approved and that the following message be sent to Her Excellency the Governor : May it please Your Excellency: The Senate, having had under consideration the Draft Regulations entitled the National Pension Scheme (Refund) (Te mporary) (No. 2) Regulations 2022, proposed to be made by the Minister of Finance under the provisions of section 24(9)(c) and 69 of the National Pension Scheme (Occupational Pensions) Act 1998 has the honour to inform Your Excellency that the Senate has approved the said Draft Regulations.
The President : Is there any support for that motion? There is support . Thank you, Senator Arianna Hodgson. A sui table message will be sent to the Governor. [Motion carried: Draft Regulations entitled The National Pension Scheme (Refund) (Temporary) (No. 2) Regulations 2022 were approved.]
The President: Thank you. That moves us on. Item 13, Senators, is being carried over until Monday.
MOTIONS
The President: There are none.
CONGRATULATORY AND/OR OBITUARY SPEECHE S
The President: Would any Senator care to speak? Senator Darrell? Sen. Owen Darrell : Absolutely, I would love to speak on this one. The President: You have the floor.
Sen. Owen Darrell : Madam President, I was once told by a few political colleagues that you do not us ually use congratulations [and obituary speeches] to wish people happy birthdays —unless they are extremely important milestones for birthdays. So, I would like to take some licence today and put everyone on notice that this birthday right here will get shouted out every single year. I just want to take this opp ortunity, if she is listening to wish a very, very happy birthday to Ms. Tatum Suraeya Darrell . She is at home celebrating her 11 th birthday —
[Laughter]
Sen. Owen Darrell :—today, March 24th, and she happens to be the daughter of Senator Owen Darrell. [Laughter]
Sen. Owen Darrell : So, again, Tatum Darrell , if you are listening, daddy loves you. And I would like to congratulate her on her 11 th birthday. Thank you, Madam President .
The President: We will join you in the celebrations!
[Laughter] The Pre sident: Would any other Senator care to speak on congratulatory and/or obituaries? Hearing none, then it is over to Senator the Honourable Dr. E. G. V. Peets, Minister and Gover nment Leader in the Senate for the adjournment.
Sen. the Hon. Dr. Ernest Pee tsYes, thank you, Madam President . Before I announce the adjournment, I just want to follow up on a comment that I heard earlier, particularly as it relates to the budget rules. I think that all of us here tonight and throughout the whole day are aware of the constraints …
Yes, thank you, Madam President . Before I announce the adjournment, I just want to follow up on a comment that I heard earlier, particularly as it relates to the budget rules. I think that all of us here tonight and throughout the whole day are aware of the constraints in how this process works.
Bermuda Senate Having said that, Madam President, you know, the Senators behind me have worked really hard, as well as all of the civil servants that help pr epare them for the budget. None of us made the rules. But if there is an issue with the rules, I think we can certainly benefit with some information on how we can redirect our efforts to collectively change those rules, rather than unnecessarily complaining amongst each other about how the rules actually work. So, havi ng said that, you know, we just want to do the best job we can both from Government side and I believe also the Opposition wants to do the best that they can as well.
ADJOURNMENT
Sen. the Hon. Dr. Ernest PeetsHaving said that, Madam President, we stil l have got work to do, so let us adjourn this Chamber to Monday, 28 March 2022. The President: Thank you. Would any Senator care to speak on the motion to adjourn? Senator Ben Smith, you have the floor. FRUSTRATION WITH CURRENT BUDGET …
Having said that, Madam President, we stil l have got work to do, so let us adjourn this Chamber to Monday, 28 March 2022.
The President: Thank you. Would any Senator care to speak on the motion to adjourn? Senator Ben Smith, you have the floor.
FRUSTRATION WITH CURRENT BUDGET PROCESS Sen. Be n Smith: Thank you, Madam President . Firstly, I would like to start by just echoing the comments that were made by the Minister. Obviously, there has been some frustration in the process of the budget debate. It is something that we discussed at length last year, and we have discussed it again this year. And I think it is important that just because things have been done a certain way, traditionally, that, as legislators, we need to think [about what] we are trying to do and what is in the best interests of the community —not one team or the other. And that has not really been the case. It has been about frustration with a system that is set up to be adversarial when really the Go vernment has put forward a budget. If the Government is happy with the budget they have put forward, there should be no reason why questions should not be asked and answered so that the community gets clar ity for what is being put forward. That was the objec-tive. I believe that in the beginning of this process we had had a discussion to try to change what the system looks like so that it would be a better debate for ev eryone and that the community would get more information out of what was happening in our Chamber. Today, the specific frustration is that we watch technical officers sit here for an extended period of time where they had nothing to do because the brief that was being read, the brief that had been prepared, was much longer than the time that was available. So, yes, there are issues with trying to put together Heads and not having the time to go through all of the Heads. Frustration happens because the exact same brief was read maybe a couple of days ago. So, even though it is information that is being provided over the airwaves to the public, it is information that was a lready provided over the airwaves to the public. So, it is not that we do not want the information. The Senators in this Chamber have already listened to the information once. Probably they have read through the information and then they have come to this Chamber after spending hours preparing for the budget to listen to it again. That cannot be something that is helpful for anybody in this Chamber, and I know that it cannot be helpful to the listening public. This is our opportunity to show the worth of the Senate. There are really smart people in this room who have the ability to change something that has been done for a long time that is not helpful to the community. Bermuda is in a really difficult situation today, and the population is hurting. We have a duty to tell them that we are doing everything we can, Gover nment /Opposition/Independent Senators, to help them. And the budget debate is our opportunity to make sure that we are crossing every t and dotting every i in spending the money that is pr ovided by the taxpayers. When we sit here and do not have the opportunity to ask those questions, it is not that it is just frustrating to us in this Chamber. It has to be frustrating to the pe ople, because they do not have the opportunity to ask these questions. That is our job. So, if we cannot do it for them, then it is the community that is suffering. There were times today where we would have been better off leaving this Chamber and going and reading books in our schools because just having somebody read for an extended period of time a story that everybody has already heard . . . why do we not take that time and actually work with our young peo-ple? That would be time well -spent. In many cases we did not earn our money today. In many cases democracy failed today. Not because it was our intention. It is the system that we are working in. But, Madam President, if we are bold as legi slators, we can figure out how to fix this so that when the budget happens in 2023/24 we are not getting to day two where I have to make the same speech I made last year about the frustration. This is not pointed at any individual. This is us as a Senate Chamber deciding that we do not want to continue this farce. And if we make the change then potentially the House will chan ge the way they do the budget, because it is broken there as well. The information that is provide by the tec hnical officers is important. Why do we not have ques-tions put forward in advance and then have a debate on the answers to the questions that wer e asked? Now we are communicating to all of our community Because, remember, it is not about just the people that support the PLP, and just the people that support 304 24 March 2022 Official Hansard Report
Bermuda Senate the OBA. and the people that are undecided. All of them, together, make up Bermuda and it is our r esponsibility to deal with all of them and their needs. I look forward to the debate on Monday. And I hope that as a group we can decide together that we are going to be the change. Thank you, Madam President .
The President: Thank you, Senator Ben Smith. Would any other Senator care to speak? Sen. Owen Darrell: Madam President —
The President: Senator Owen Darrell, you have the floor.
FRUSTRATION WITH CURRENT BUDGET PROCESS
Sen. Owen Darrell: Thank you, Madam President . As we all know, I had some celebrations to get to, but I will not let this pass, Madam President . Madam President, as we were sitting here trying to inform the public with as much detail as possible [about what] the Government is doing, I was actually forwarded a cute article from the Royal Gazette . Madam President, can I read the headline, please? The President: You can. Sen. Owen Darre ll: “New OBA senator calls time out on Government Budget filibuster .” Interesting, in this article, Madam President, the new OBA Senator, former United Bermuda Party candidate, decided to take a shot at the leadership of the Progressive Labour Party. This article also, Madam President, in the brief time that I took to read it, is filled with a lot of i naccuracies that I will get to in a moment. I just listened to the real Senate leader give his plea for more time in these budget debates. Yet, while he is speaking here, the wannabe Senate leader for the One Bermuda All iance has decided to go to the Royal Gazette to take shots at the Progressive Labour Party. Madam President, if you would give me a few moments to possibly lend some advice to the wann abe le ader—wannabe Senate leader —of the One Bermuda Alliance . . . I am not going to teach him what a good Opposition does. That is for him to look toward his leadership and figure out how is it that the Oppos ition sets the time limit for these budget debates. T hey put down for National Security two hours to debate. They list one, two, three, four, five, six Heads, which they must have known was long because they li stened to it a few days ago, and then they came to the Chamber and took aim at the Junior Minister who is simply giving the information of which they asked for. Madam President, I believe that this is a trap, because if I were to get up on Monday and speak for 15 minutes on Education, I am sure that the real Senate leader of the OBA would tell me that the Gover nment is not doing anything or not doing enough for Education. He would tell me that the Government did not provide enough details for Education. But I would go back and ask the real leader (Senate leader, I am sorry) of the One Bermuda Alliance to possibly speak to the wannabe leader of the One Bermuda Alliance here in the Senate and come up with a decent Oppo-sition strategy as to how they divide up the time that is allotted to us to get briefs on this debate. Surely, you cannot just come unprepared and throw numbers on a paper and then ask for me to do them a favour. Let me tell you about the public officers that come here. These public officers are hard wor kers. They are proud people, and they sit here with pride, or listen in their offices to the work that their departments and Ministries are doing for the people of Bermuda. So, I actually think that a lot of them would take offence to the One Bermuda Alliance saying that they come up here and are wasting their time. So, yes, Madam President, we have got another day left. And, yes, this Government and these Junior Ministers will continue to share our briefs and continue to discuss the good news [about the work] we are doing with the money that we have been all ocated. Unfortunately, unlike headlines that we saw today, the Royal Gazette will not report it. So, if I have to come here and my colleagues that sit in another place have to sit here and go through every single detail to explain to people about the good things that this PLP Government is doing, we will do so. And I am sorry, that is not my job. It is not the Senate leader’s job. It is not the Premier’s job to show the Opposition how to be a good Opposition. The Progressive Labour Party had many, many years be-ing in Opposition. And, quit e frankly, the way that they are operating they might have many, many years in the Opposition, as well. So, we are in a very interesting spot here. It is that if we talk too short, the One Bermuda Alliance is going to say that we have no details to give. Yet, if we talk too long, the One Bermuda Alliance and the wannabe leader of the Senate in the OBA is going to go to the Royal Gazette and put a headline to say that we are filibustering. Madam President, the Progressive Labour Party will continue to press on with the work that we are doing for the people of Bermuda. Maybe next year, the Opposition will learn how to better lay out a Senate budget debate because, quite frankly, just like I gave a birthday shout -out that most people had heard before, I heard the exact same speech from the Opposition last year. So, if you complained about it last year, you mean to tell me it took you 12 months to
Bermuda Senate come to this Chamber and complain about the same thing without making any changes on your own? Let me go back to this report in the Royal G azette today, by our new Senator. It is funny . . . the few times he has spoken today, he said, I do not know how things go in here. Yet, it seems like he is well - versed in coming with political shots. As I am reading this artic le, may I refer to it again, Madam President ?
The President: Briefly.
Sen. Owen Darrell: Thank you. “Mr De Couto . . . took aim at [Senator] . . . Darrell . . . and claimed [that] he made repeated references to ‘people who look like me’ during his pres entation.” Also, I do not even know how this gets in here because I do not even talk about my presentation. Let me set the record straight on this. Multiple times? I said that line once. You can check the Hansard. He then went on to say, the “leadership and Government ” . . . he hopes that it can “represent us all, regardless of race, creed, and background.” I invite the Opposition Senator to go home this evening and listen to my presentation from last night and listen to the exact line of which I said, and then listen to what happened after that because I quantified it. I said people that look like me, such as my first cousin, who is very proud of the work that he is doing on these streets. He was very proud to come to Cab inet Office and receive a trenching [ certificate from the Minister of Public Works. I then went on to say and individuals who used to be my students . So, I do not know, Madam President, how the Opposition Senator who sits across the aisle can take people who look like me , listen to what I said after that and turn it into race- baiting. I have no idea, Madam President, how he got that from what I said yesterday. Madam President, I will say this again I will invite the Senate leader of the One Bermuda Alliance, I will invite the leader of the One Bermuda Alliance that sits in another place to remind their new Senator of . . . I guess who the leadership of the One Bermuda Alliance is before he comes in here taking shots at myself, the leader who sits in another place, as well as public off icers. Madam President, I did not wish to end t oday’s Senate session like this. But as this was sent to me there was no way that I was going to allow Senator Douglas De Couto to put words in my mouth and take shots at the Progressive Labour Party leaders hip and the hard work that the Progressive Labour Party is doing for the people of this country. Thank you, Madam President .
The President: Thank you, Senator Darrell. Would any other Senator care to speak on the motion to adjourn? Senator De Couto, yo u have the floor.
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Sen. Dr. Douglas De CoutoMadam President, thank you. Senator Darrell’s passion is inspiring. And I think it is that passion to do right by the country that brings us all to this Senate, or whi chever way we choose to participate in the political process. Now, I have no PR officers. I have no …
Madam President, thank you. Senator Darrell’s passion is inspiring. And I think it is that passion to do right by the country that brings us all to this Senate, or whi chever way we choose to participate in the political process. Now, I have no PR officers. I have no tec hnical officers. I have no staff. I have no Ministry. I do have sore eyes, Madam President . In fact, I cannot quite see you from back here because I ha ve spent weekends from my family, like many of you, studying this Book. I have had my calculator and I have had my pencil sharpener going, Madam President . My wife was not happy to hear it. And I can tell you that I was quite disappointed that I was unabl e to engage with the Junior Mini ster for Finance. So, what you might consider to be one of the most important ministries . . . they are all i mportant, but this being the Budget debate, the Finance Ministry, of course, is a cornerstone. I was heartened to hear Minister Peets refer to the possibility that this process might be revisited. I think that would be better for everybody, because I am not here to listen, and I am not here to score political points. But I am here, Madam President . . . I am here to r epresent the people and I am here to hold the Government accountable. And if the Government and those Senators wish to run roughshod—run roughshod—over the democratic process and the checks and balances that are made available for the people, I will not sit by. All I have is a voice and a pencil and a calculator. And I will use it and I will not be afraid. And I wonder if perhaps I have hit a nerve—
[Inaudible interjection]
Sen. Dr. Douglas De CoutoI wonder. It is a very good tool, along with the Inter net and the various online things. I know that many politicians know how to use them to great effect. But I suspect that I have hit a nerve. And I am curious. I am curious. A strong leader …
I wonder. It is a very good tool, along with the Inter net and the various online things. I know that many politicians know how to use them to great effect. But I suspect that I have hit a nerve. And I am curious. I am curious. A strong leader can take the barbs. He can take the hits. He does not need an ybody to stick up for him. A strong leader rolls with the punches. As they say, politics is not for friendships. Let me turn my comments to technical offi cers. I actually feel that technical officers were disr espected because I can see from that Book how much work was put into these policies and plans. And they have been brought up here to sit on the side of a con-ference room. Now, I do not know about you all, but I have done that. I have been brought into a conference 306 24 March 2022 Official Hansard Report
Bermuda Senate room by a boss and sat at the side of the room and was then sent away without an ability to offer any i nput or knowing that the hard work that I had prepared was not able to be fully discussed. So, in fact, if there is anyone here disrespecting the technical officers it is the people that have br ought them up here and caused them to sit around all day wasting the taxpa yers’ money while they droned on. With respect to the timings on the debate, I am disappointed that the various Senators were not able to adjust their briefs to meet the times whic h were allotted. And it is certainly within their remit to bring remarks that are appropriate to the time appointed and we would have welcomed that. And I would like to acknowledge the Senators that made the effort to leave time [for questions to be] asked, the questions which I felt were valuable, and I do believe the answers will be illuminating and informative to the public of Bermuda. If you were to listen to my remarks and questions you will note that actually many of the questions would have allowed t he Senators, the Government Senators, to highlight their accomplishments. So, it is a two -way street. And I believe that when we have the opportunity to bring questions, we allow the traffic to flow both ways. In respect to the comment of looks like me, I do not know of any other reasonable explanation. And I am just going to leave it at that. So, I make no apologies for using my voice or for using the tools at my disposal to highlight what I believe to be an abuse by the Government of our democratic pr ocess in a way that they are hiding from the people. Now, I will admit that I am fresh and that I am new. And I do look to guidance from my new co lleagues, and I have great respect for them. Senator Darrell may not realise it, but we do get together and talk. You know, he does seem to have quite an ESP. He seems to think he knows what I am thinking. So, perhaps he can get a hotline to my wife because she would like to know, too. With that, I would like to say thank you to the Senators for their passion and their commitment. It is a learning experience for me, and I hope I will only continue to do better with each day. Thank you, Madam President .
The President: Thank you, Senator De Couto. Would any other Senator care to speak? Senator Tucker, you have the floor.
Sen. Robin Tucker: Good evening, Madam Pres ident—
The President: Good evening.
FRUSTRATION WITH CURRENT BUDGET PROCESS Sen. Robin Tucker:—and again to my Senate co lleagues. I just want to join my sentiments with my fellow Senate colleagu es. And I want to do that from the . . . and I am joining in with Senator Peets’ comments as well. I think that as Senator Ben Smith has already said, we have an opportunity to do things differently. And having been through this process once before, what it has highlighted to me is that we can never forget the reason that we are all here. We are all here for the people of this country. And without having an av enue for accountability . . . we can talk about how many hours were not given, or what could have been done differently. I mean, in my heart, I believe that if we had one Head and had been given 18 or 20 hours, we still would have 18 or 20 hours of all reading. And that is no slight against the Government Senators, because they are doing what they are instructed to do. What I am saying is that if . . . I cha llenge myself as to why I am in this room. I am here because I care about what happens to this country. I do not care if it is green or if it is red, but I will make sure that I do all that I can for the people of this country. They have questions. It does a disservice to the people of this country when we do not answer, when we do not get those questions asked. We are not . . . the slight is not against us. I do not take any of this stuff personall y, because the slight is not against us. It is a disservice to the people. We are asking questions that some sectors of this community also have. We have an obligation to ask those questions, and the Government should be obl igated to answer those questions . Accountability is everything. If we do not . . . and it does not matter what Government is in place. Everybody —every si ngle person that is in any level of leadership should be held to an account. And an opportunity to hold people to an account should be taken. The Government should be happy we are asking questions. This is an opportunity to showcase what it is that you have done. And to constantly make it about us , and our not giving enough time, is a deflection. As I said, it is a disservice to the peop le that we are here to serve. Whether you are PLP, OBA, FDM . . . whatever group you are affiliated with, certainly you are contributing. Your $10 is going into this pot that we are here talking about today. So, you should want to know what is happening to your mo ney. I certainly do. I am a taxpayer. I want to know what is happening to my money. The Government , who is in charge of writing those cheques, is obligated to answer the questions from the people about what is happening to their money. And we have to come to a point where we do things differently because what we are doing now is insanity! And it is not beneficial for this country. We are in a mess!
Bermuda Senate We cannot afford to keep doing this nonsense. We have to do better. Whether you are wearing green, whether you are wearing red, whatever, if you have an opportunity to do things better, you have to . . . you should take it! We have to do things differently! So, Madam President, I hope, I pray, that we are able to somehow come together as a people, as one people, and do things that are going to benefit the people of this country and stop politicking.
Sen. Owen Darrell: Madam President, a point of i nformation.
The President: Point of information, Senator —
Sen. Robin Tucker: Can I just finish? Becaus e I am actually finished, if the Senator would like to continue and do whatever, but I would just like to—
The President: Let me—Senator Tucker —
Sen. Robin Tucker: Thank you.
The President: It is the motion to adjourn, and she has—
Sen. Owen Darrell: Point of information, Madam. Sen. Robin Tucker: No, because I do not . . . and I am not going to take it because, Madam President, what we are doing again is we are deflecting. Let us just stay focused on the fact that this is about having a lack of accountability and holding the Government to account. That is the whole point. If I have misspoken and it is not earth shattering, then fine. If I need to apologise, I am happy to do that in advance. I just do not want to start going down roads that we are not talking about so we forget what the point is. The point is we need to hold the Government to account for the monies that are being spent, and every other policy and decision that is being made. That is the point. If there is a way that we can do that collectively . . . because we are all one people. We are all Bermudians in this room who care about this country. And, as I said, we have to stop politicking. As I said when I first agreed to be a part of this whole process, I said that I was not going to be a part of this politicking system. I am here to have a voice. As my Senate colleague Doug De Couto just mentioned, the only thing he has is a voice. And I am going to continue to speak to those things that are not holding the Government and decision- maker s to account. Thank you, Madam President .
The President: Thank you, Senator Tucker. This is the [motion to adjourn] and individuals have an opportunity to speak. And we have given you an opportunity to speak. Does any other Senator want to speak on the motion to adjourn? Senator Lindsay Simmons, you have the floor.
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Sen. Lindsay Simmons: Thank you, Madam Pres ident. Madam President, what I find interesting is how the Opposition can come in here and say that they want things done differently if they are doing the same thing they did last year. I mean, for me, it falls under poor leadership because, Madam President, they say that . . . for instance, Senator Hodgson had, under Finance, Senator De Couto say that he wanted to debate her. She had 10 Heads to read. If they really wanted to debate, they could have picked one or two, because they are saying it was said in the House. So, if Head 10 was an hour, then they would have had an hour to speak. But they want us to get through all these Heads that they gave us to read and want to say that they do not have time. For instance, when I speak on Monday, I have an hour to read two Heads —two important depar tment Heads. How am I supposed to get through it in an hour? Madam President, I do not know if the public knows, but the Opposition had 22 hours that they could have given us. What did they give us? Eighteen hours. So, they want things to be done different? “D eflecting,” “insanity” they are throwing out. Those words should be shot back at them because it is unfair for them to throw this back at the Government and then want us to do all these Heads and have a robust debate. It is impossible Madam President . The Government has a duty, when we have these Heads to read, to read them! We are not just going to pick out little parts of it. We need to be con-sistent and read what those Heads entail. Not part of it. Not what we think the public wants to hear, but all of it. They need to know what these Heads represent, because we are talking about dollars and cents here. We are not talking about just winging things. This is a budget debate. I would suggest that the Opposition, next year, pick one or two, or increase the hours. We had National Security today. Again, she could not even finish because she had two, four, six Heads, Madam President ! We have got to be realistic. It is not enough time to do all these Heads. So, they want to have a discussion about certain things, pick one or two Heads because to me it is insanity that they want us to come up and just read a little piece of here and a little piece of there in seven or six Heads. It is impos308 24 March 2022 Official Hansard Report
Bermuda Senate sible, Madam President . The Government is doing their best to give information out because not ever ybody that listens to the House listens to the Senate and vice versa. We have a duty to read these Heads out fully. And if they already know . . . they claim they already know what we are going to talk about or what we are going to read, then they should pick what they want us to read about or debate about. So, I throw it back to the Opposition that maybe the leadership needs to do a better job and pick less Heads and extend the hours. That is all I want to say. Thank you, Madam President .
The President: Thank you, Senator Lindsay Si mmons. Senator Dill, you have the floor.
Sen. Rev. Dr. Emilygail A. DillGood evening, Madam President — The President: Good evening. FRUSTRATION WITH CURRENT BUDGET PROCESS
Sen. Rev. Dr. Emilygail A. Dill—and Senate co lleagues. Like [Senator] De C outo, this is a very new process to me. And I cannot begin to express the level of disappointment that I have felt as an individual who worked very hard to prepare for this debate. I waited and waited and waited and …
—and Senate co lleagues. Like [Senator] De C outo, this is a very new process to me. And I cannot begin to express the level of disappointment that I have felt as an individual who worked very hard to prepare for this debate. I waited and waited and waited and waited for the schedule only to find that when it was presented to us, not only were the hours that were allocated for us to be able to debate not distributed in a manner or even totally used up—I think there were at least four hours that the Opposition elected not to use at all —[I] then [saw] the number of Heads that they wanted us to share on. In observing the process, I would like to make the following recommendations to the Opposition —as it is your debate:
• send your schedule in a timely manner ; • select the Heads that you need clarification on so that we can zero in on those areas ; • allocate sufficient time to be able to both pr ovide the information and then respond to the questions that you have. I have found your comments tonight to be i nsulting and disingenuous. And what I would like to say is that if we all really care about Bermuda, first of all, let us be honest about the process that took place this week, and prayerfully, when we return on Monday that you will give these individuals and the technical offi cers the respect that they deserve based upon a pr ocess that you have basically put together —a schedule that you have put together and that we can, together, move forward for a better Bermuda. Thank you, Madam President . The President: Thank you, Senator Dill. I would just like to . . . sorry, Minister Peets, did you want to make a comment? I saw you —
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Sen. the Hon. Dr. Ernest PeetsI guess in closing, and I do understand that the hour is certainly late, Madam President, but in my long career working with individuals, you know, some things sort of come to mind and sometimes the problem is how we see the problem. Having said that, Madam President, the Senators …
I guess in closing, and I do understand that the hour is certainly late, Madam President, but in my long career working with individuals, you know, some things sort of come to mind and sometimes the problem is how we see the problem. Having said that, Madam President, the Senators behind me, you know, have not broken any rules, to my knowledge. And if they have, you k now, that would need to be brought to our attention. We came into this budget debate with very, very clear information, as far in advance as we could, that, you know, these are the rules for the budget debate. And everyone knows what the rules are. So, l et us just get about the business that we are supposed to be doing without necessarily having to send unnecessary complaints, because we are not here for that. We are actually here to present the information that we have based on the Heads that were discus sed. Having said that, Madam President, I am very, very proud of the team that is behind me. I am very proud of the Ministers and their technical staff who have worked extremely hard to get this information to the Junior Ministers. Sometimes they are get ting that information, you know, the week of. And it is a lot of reading and lot of prepping. I just wanted to share those comments. And the information that I shared just prior to the motion to adjourn was sincere. We do not make the rules here, necessar ily. And if there is a way of doing that and fixing that, then that needs to be done, not during the debate; that needs to be done long before the debate gets here. Hopefully, this will be lessons learned. That will be my conclusion.
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The President: Thank you, Senator Peets, Minister Peets, Government Leader of the Senate. I will tell you . . . this has been a concern over some years. This is my 14 th year in the Senate, and I can tell you it has always been an issue about the Senate debates and what needs to happen. Som ething needs to change. I was pleased, some years ago (I think two or three years ago) when we decided that we would sit down, the Opposition Leader, the Government Leader, Independent Senators and myself. We would sit down and we would discuss how this process might
Bermuda Senate be changed for the better. We thought we had come up with suggestions. But it is obvious, when that did not happen, that we would find ourselves in this situation again. I thank you all for your comments. And we are all here; we are committed to our role in the Senate. And I think, since I have heard everybody’s comments tonight, that it is imperative, it is imperative, that this Senate body get together and make the change, because this should not be happening going forward. I hope that I would have a commitment from the Senate leaders, the Opposition, the Independent Senators, that we will address this because we cannot continue to function in the way we are. But at the same ti me, I thank everyone, all Senators, for their work today —particularly the Ind ependent Senators, both Michelle Simmons, the Vice President, and John Wight, who ran the debates really quite well, chaired the debates, and I think they did an excellent job. I am looking forward to Monday. And I hope that each of us has taken on board what has been discussed today and that we will come with a different attitude on Monday, listening to everyone and trying to at least work together. We are all here to work toget her and do the best that we can for this country. So, I will say to you, have a wonderful evening and weekend. I am prepared to be back here on Monday along with each one of you and we will do the work that we are appointed to do here. Thank you all for your work. It has been a long day and I know people are tired. So, get some rest and I look forward to seeing you on Monday. The Senate stands adjourned until Monday the 28 th of March. Have a good evening. Thank you for your work.
[At 8:36 pm, the Senat e stood adjourned until 10:00 am, Monday, 28 March 2022.]