March 11, 2022

Good morning.

MORTGAGING OF AIRCRAFT AND AIRCRAFT
ENGINES (FEES) AMENDMENT
REGULATIONS 2022
Hon. W. Lawrence Scott: Mr. Speaker, with the Go vernor’s recommendation and in accordance with sec-tion 36( 3) of the Bermuda Constitution, I have the
honour to attach and submit for the consideration of
the Honourable House of Assembly the Mortgaging of
Aircraft and Aircraft Engines (Fees ) Amendment Regulation 2022, proposed to be made by the Minister of
Transport in exercise of the power conferred by section 7(1)(b) of the Mortgaging of Aircraft and Aircraft
Engines Act 1999.

Again, we call on the Minister of
Transport.
Minister, would you like to present your
Statement?

Hon. W. Lawrence Scott: Yes, I would.
Thank you, Mr. Speaker.

UPDATE ON PILOT BOAT ST. DAVID

Hon. W. Lawrence Scott: Mr. Speaker, on 14 May
2021, I informed this Honourable House that the pr opellers and rudder of the pilot boat St. David
was
damaged during a training exercise on 6 May 2021
and that the St. David was sent to the Gladding- Hearn
shipyard in Boston for repairs.
694 11 March 2022 Official Hansard Report

Bermuda House of Assembly Mr. Speaker, once the shipyard and Lloyd ’s
Classification thoroughly inspected the damage, it was
determined that there was also damage to the hull
and engine propulsion.
Mr. Speaker, the repairs were completed last
month. The St. David was transported back to Berm uda on the Oleander and arrived on Monday, 7 March.
Mr. Speaker, once all safety checks are completed, the St. David will be put back into operation.
Mr. Speaker, the final cost for the St. David
repairs is still unknown as the Department of Marine
and Ports awaits the final invoices relating to the r epairs. Notwi thstanding this, the cost to the government
is $10,000, and the remaining amount will be covered by insurance.
Thank you, Mr. Speaker.

Good morning. I am very well, thank
you.

FIRST READINGS

PAYROLL TAX AMENDMENT
AND VALIDATION ACT 2022

CUSTOMS TARIFF AMEN DMENT ACT 2022

Hon. E. David Burt: Thank you, Mr. Speaker.
Mr. Speaker, I am introducing the following
Bills, which according to section 36(3) of the Bermuda
Constitution require the Governor’s recommendation,
so that it may be placed on the Order Paper for the next day of meeting. Those Bills are the Payroll Tax
Amendment and Validation Act 2022 and the Customs Tariff Amendment Act 2022.

Thank you, Premier.
The next introduction will come from the Mi nister of Transport. Minister of Transport?
FIRST READING

MOTOR CAR AMENDMENT ACT 2022
Hon. W. Lawrence Scott: Thank you, Mr. Speaker.
Mr. Speaker, I am introducing the following
Bill, which according to section 36(3) of the Bermuda
Constitution require the Governor’s recommendation,
so that it may be placed on the Order Paper for the
next day of meeting: Motor Car Amendment Act 2022.

Members, that brings us to the Orders
of the Day which is, again, the resumption of Commi ttee of Supply for the further consideration of the Estimates of Revenue and Expenditure for the year 2022/23. Again, for the listening audience, once we start the daily debate on the Budget, that section is
done in Committee and not in the House, which
means that the Speaker will not be present. I will
leave the Chair in the hands of the Panel of Chairmen under the direction of the Deputy Speaker and the
Chair Panel members, who will guide the debates
through that period.
As always, there are eight hours that are set
aside for the debate today. The first four hours are for Legal Affairs, the second four hours are for the Economy and Labour. And I will now call on the Premier to
just lead us into Committee, or the Minister to lead us
into Committee.

Hon. E. David Burt: Good morning, Mr. Speaker.
Mr. Speaker, I move that the House do now
resume in Committee of Supply to consider the Est imates of Revenue and Expenditure for fiscal year
2022/23.

Honourable Members and the liste ning public, we are now in resumption of Committee of
Supply for further consideration of the Estimates of
Revenue and Expenditure for the year 2022/23.
Today we have the honour of listening to the
Honourable Attorney Gen eral, Kathy Lynn Simmons,
on the Ministry of Legal Affairs and Constitutional R eform. She shall be presenting Heads 87, 3, 4, 74, 75
and 88.
I now call upon the Honourable Attorney General, Kathy Lynn Simmons.
Honourable Attorney General , you now have
the floor.

Hon. Kathy Lynn Simmons: Good morning, Mr.
Chairman, and Honourable Members.
Mr. Chairman, I move that the following
Heads 87— Ministry of Legal Affairs & Constitutional
Reform Headquarters; 3 —Judicial Department; 4 —
Attorney General’s Chambers; 74 —Department of
Court Services; 75— Department of Public Prosec utions; 88—National Drug Control, now be taken under consideration.

Thank you, Minister.

MINISTRY OF LEGAL AFFAIRS &
CONSTITUTIONAL REFORM

HEAD 87 —HEADQUARTERS
Hon. Kathy Lynn Simmons: Mr. Chairman, the mission statement and department objectives for the Mi nistry of Legal Affairs & Constitutional Reform Headquarters begin on page B -73 of the Estimates Book.
The mission statement is: To facilitate fair and
equitable administrat ion 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.
Mr. Chairman, the d epartment objectives of
the Ministry of Legal Affairs & Constitutional Reform Headquarters continue to expand upon existing initi atives and will, in the upcoming fiscal year, embrace
new initiatives with purposeful use of its budgetary
allocation.
The Ministry’s public office rs will continue to
exercise creativity and vigilance in all aspects of realising 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 accountability for objectives and programmes.
The objectives of 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 the Government’s legislative
framework is updated and current with policy
directives;
• to effect synergies amongst Ministry depar tments to ensure that overall policy obj ectives
are met;
• to implement and monitor the targeted financial sanctions regime and to ensure Gover nment’s compliance with UN and UK obligations and mitigate any associated risks.
The Ministry of Legal Affairs & Constitutional
Reform boldly embraces the immense responsibility
to:
• advance the Government’s policy and legisl ative initiatives;
• draft legislation;
• 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 res ources.
Some of the programmes include, but are not
limited to , protecting financial establishments from
money laundering and terrorist financing. Our Ministry
also provides critical programmes to counter these
schemes. In conquering socioeconomic challeng es,
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 prov ided to those
who meet the statutory means test to ensure that they
Official Hansard Report 11 March 20 22 697

Bermuda House of Assembly 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 prot ect our youth and adults from the scour ges of addiction to illicit drugs and alcohol.

Current Expenditure

Hon. Kathy Lynn Simmons: With regard to current
expenditure, Mr. Chairman, the Ministry’s current ex-penditure commences on page B -72 of the approved
Estimates of Revenue and Expenditure for the year
2022/23 (the Budget Book). A budget ceiling of
$32,717,000 is allocated to the entire Ministry for the 2022/23 fiscal year. Due to the fiscal constraints i mposed largely by the ongoing pandemic, this figur e
represents a $761,000 , or 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 between optimising spending limits
without overly compromising the efficient delivery of services and programmes.
Mr. Chairman, specific allocations to the Mi nistry overall are as follows:
• Ministry of Legal Affairs & Constitutional R eform Headquarters —$5,858,00 0;
• Judicial Department —$8,919,000;
• Attorney General’s Chambers —$5,556,000;
• Department of Court Services —$4,711,000;
• Department of Public Prosecutions —
$3,362,000; and
• Department of National Drug Control —
$4,311,000.

Revenue

Hon. Kathy Lynn Simmons: With regard to revenue,
Mr. Chairman, I begin with a brief synopsis of the Mi nistry’s revenue stream as I expound on the overall
budget.
The only department under this 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 2021/22 original estimates. The shortfall
is mainly projected to originate from the effects of the pandemic and ensuing COVID -19 restrict ions. 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, li quor licence fees will show a flat stream as many es-tablishments commence reopening as we move out of
the pandemic restrictions, which have dramatically
slowed the licensing application processes. 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.
Mr. Chairman, with regard to current expend iture, a total of $5,858,000 has been allocated to Headquarters. This represents an increase of $56,000, or 1 per cent from the 2021/22 original est imates.
Mr. Chairman, the Ministry of Legal Affairs &
Constitutional Reform Headquarters is subdivided into
six fiscally identifiable programmes reflecting the cost
centres as follows:
• 97000— Administration;
• 97010—Financial Intelligence Agency, which is actually a g rantee;
• 97030—Legal Aid Office;
• 97070—Justice Protection Programme;
• 97080—Financial Sanctions Implementation Unit;
• 97090— Mirrors Programme
I will proceed to address the programmes i ndividually, Mr. Chairman, as follows.

Administration— 97000

Hon. Kathy Ly nn Simmons: This programme pr ovides for the administrative and personnel costs ass ociated with Ministry Headquarters, for which
$1,023,000 has been allocated. This represents a decrease of $125,000, or 11 per cent from the 2021/22
original estimates. The decrease is mainly due to a
reallocation of two pupil PIDs moved to another cost
centre under 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 ha ve an all ocated cost of $49,000; $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 s alaries, $37,000 was expended on tel ephone expenses. Out of the consultancy vote, collec-tively, $100,000 was spent for legal fees with consul tant to undertake administrative functions for the Cri minals Injuries 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 office supplies.
Also included in the Administration cost centre, were salaries and administrative costs for five Mi nistry Head quarters staff. These are: an executive assistant; an administrative assistant who provides a dministrative support to the Minister and the Permanent Secretary; a policy analyst who drafts policy papers through to the legislative process and assists with
strategy; a Ministry comptroller who administers the
Ministry’s entire budget; and a Law Reform Policy and
Strategy Counsel , which is a new post, that will pr o698 11 March 2022 Official Hansard Report

Bermuda House of Assembly vide d irectorship for the Law Reform Commission and
also pr ovide strategy and policy support.
Mr. Chairman, during the fiscal year 2021/22
the Ministry was very productive, despite the cha llenges posed throughout the entire community. I will
highlight some of the accomplishments as there were
numerous policy papers drafted in support of, but not
limite d to, the following initiatives.
The Pupillage Programme, Mr. Chairman,
continues to operate under the tutelage of highly experienced “Pupil Masters ”—a term ripe for law reform.
This immediate past cohort of pupils underwent a
wide ranging and arduous voc ational training in legal
practice, described as invigorating, extensive and d iverse. They truly demonstrated competence and ad ded value to the public service, working alongside go vernment 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, Mr. Chairman.

Okay.

Hon. Kathy Lynn Simmons: We are encouraged that
each of the three female pupils found employment
immediately after completing the programme. Two, I
am pleased to say, 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.
Mr. Chairman, the first phase of the amendments to the Matrimonial Causes Act 1974 was unr eservedly approved by both Houses of Parliament. This Bill ushers in a r aft of reforms aimed to modernise
matrimonial law in Bermuda. The amendments pr oposed in this B ill are directed to statutorily aid in r eduction of conflict between persons applying to court
for divorce, nullity of marriage, or judicial separation
by refram ing the prescribed procedures and formal ities affecting the most contentious parts of the court
process. In essence, there will be less conte ntious
and acrimonious proceedings under the new scheme,
as Members will be aware, Mr. Chairman. This will go a long way in preserving amicable outcomes for fam ilies facing marriage breakdown and divorce. The legal process will no longer be a process in amplifying or adding to the conflict between the par ties in the ways
we know that the existing court pr ocess may cause.
Mr. Chairman, the amendment to the Criminal
Code Act 1907 was passed in December to extend sections 33A, 70JA and 70JB of the Act that prohibi ted the gathering for unlawful gang activity. The aim is
to preserve a vital legislative tool, per these secti ons
of the Code, to mitigate the risk of serious and violent
crime resulting from unlawful gang activity. The current Order is until December 2022 and we aim to address this further in the new fiscal period.
Mr. 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, was the serving of alcohol. Ther efore, legislation was passed in May 2021 by amend-ments to the Liquor Licence Act to provide relief to
licensed establishments. This was a testament of this
Government’s efforts to also bolster the establis hments with temporary fee reduction for licensed premises.
In addition, Mr. Chairman, support has been
endorsed by the Government as preparati on is being
made for Bermuda to undergo a review to ensure its
compliance to anti -corruption activities. Section 22 of
the Bribery Act 2016 establishes a National Anti -
Corruption and Bribery Committee, which is chaired
by the Commissioner of Police. This C ommittee has
met and a sub- committee was formed to gather information in anticipation of the implementation review
mechanism related to anti -money laundering as agencies are engaged in detecting, investigating, and
prosecuting corruption matters. The revie w requires
states to undergo a peer review process that assists states to effectively implement the convention. The
IRM is non- adversarial and non -punitive [measure],
without any form of ranking, and 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.
Mr. Chairman, the Cannabis Licensing Bill
2021 was passed in the House of Assembly and thereafter defeated in the Senate. The B ill outlined the
framework for regulated cannabis reform. Forging
ahead, the work continues for these measures to be
fully implemented and operationalised with requisite
oversight to ensure the enhanced results that are
promised in the po licy and programme structure. The
Ministry recognises the scope that this reform can bring and will further advance its initiative, in no
means being deterred.
Mr. Chairman, the Criminal Injuries Compensation Board 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, remains a work in progress and has, thus far, demonstrated more pos itive outcomes. The Board has been revitali sed and
Official Hansard Report 11 March 20 22 699

Bermuda House of Assembly 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 efficiency of operations without compromi sing 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 exploration of revisions to the scheme will be undertaken.
Mr. Chairman, the Expungement of Convi ctions Act 2020 allows for expungement of conv ictions
for possession of small amounts of cannabis. The
online ap plication tool was launched for applicants to
begin the process of successfully making an applic ation for an expungement order and that remains a work in progress. The aim is to erase histor ic criminal
conviction records for the offence of simple possession of cannabis of 7 grams or less for offences co mmitted before December 20, 2017. The regime has
encoun tered a glitch inasmuch as the quantification of
the exact amount of drug is not readil y accessible , as
many historical re cords did not capture this data due
to the lack of tec hnology 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 of the files are contaminate d
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 remedies as it relates to other
applications so that a response can be provided to the
applicants in short order. Some applicants outright did
not meet the criteria based on the quantity of drug having been more than the 7 grams.
Mr. 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, not ification is given to the victim or their family pri or to the
offender’s release from incarceration.
There are more positive responses, especially
from the charitable organisations, as the only negative
comments are from those who do not fully understand
the processes 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. And Mr.
Chairman, I will say that during this next fiscal period
we will make sure that the public gains a further and
greater understanding of the public notification r egime.
Mr. Chairman, in keeping with the Gover nment’s pledge, the Criminal Code Amendment (NonConsensual Sharing of Intimate Images) Act 2021,
commonly referred to as ‘revenge porn,” was impl emented in the past fiscal year. This closed a legisl ative gap that currently existed under the Code—the Telecommunications Act 1986 and the Electronic Communications Act 2011 —pertaining to online sharing of sexual images. This phenomenon is commonly referred to as revenge porn, which is the distribution
of or threat to distribute intimate images of a person without the person’s consent, and this is a form of technology -facilitated abuse.
Mr. Chairman, this deters persons from engaging in revenge porn and online assault by provi ding 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 in our community. Therefore, the intimate image video is r emoved from any site posted online by order of the
court if the image or video is not taken down voluntar ily. Overall, this regime strengthens Bermuda’s regime with respect to Internet misuse. This protects victims of such acts and s ends 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 year.
Mr. Chairman, during the upcoming 2022/23
fiscal year, the Ministry of Legal Affairs & Constit utional Reform Headquarters will be just as dynamic and will undertake several new initiatives and continue
with some already in train.
Mr. Chairman, despite not having an expanded budgetary allocation, 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 citizens, the legal po wer to choose someone trusted to make decisions in
their best interest should they lack mental capaci ty
and protect those best interests without reservation. Resourcing this initiative will likely entail prospects of
reassignment of public officers, consultancy contracts,
and cross -Ministry resource sharing. Despite the challenge of no funding, the framew ork will be produced
for implementation and further consideration of longer
term needs.
In addition, policy development for other initi atives for 2022/23 as priorities include:
Court fee revision by the Judicial Department
This is highlighted in the Judic ial Department’s brief,
which we will get to later. We note that there has not been an increase in court fees for decades and we will
closely align revisions with other jurisdictions. And Mr.
Chairman, I will note that this particular initiative is
long ov erdue.
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 democracy. 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
standards, Bermuda is listed as a non- self-governing
700 11 March 2022 Official Hansard Report

Bermuda House of Assembly territory by the United Nations Special Committee on
De-Colonisation. Bermuda remains on the list of 17
territories that are non- self-governing. Constitutional
reform sits at the apex of society’s collective advancement, coalescing around a strong palatable na-tional identity. It is time for a new generation of Bermudians to have an active say in a constitutional r eform process that is relevant to their needs and beyond, input [which was] largely denied past gener ations because of historic exclusi on and disparities in
political representation and voting rights. This gener ation will be emboldened to re- cast society and the
Const itution in the image of Bermuda of today and
tomor row.
The Ministry will implement an advisory steering group to make recom mendations to progress constitutional reform to support the diplomatic steps nec-essary to negotiate with the UK a more fit for purpose
constitutional model for Bermuda.
We will also undertake, Mr. Chairman, mor tgage reform, domestic violence programmes and reform, and reforms that lend to more access to justice for our citizens.
Mr. Chairman, the Ministry will advance the
necessary foundational steps towards the establis hment and implementation of a regulated cannabis r egime for Bermuda. These reforms will offer protections, education, and services to protect our youth and vulnerable populations beyond what is available in
unregulated cannabis milieu. And I say this under the
initiatives that we are continuing in the Ministry.
Our Ministry’s leadership on cannabis reform
will ensure that the realised licensing structure for regulated, medicinal, and responsible adult usage 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, Mr. Chairman, which has negatively
impacted our males, in particular. Science has di scovered 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 realisation
that unqualified criminalisation of this inescapable
natural product was having more damaging cons equences. We now aim to regulate its use in beneficial
ways and not needlessly criminalising recreational
users.
Mr. Chairman, these new cannabis reforms
will not undo the dedicated work by members of the
community vigorously battling on the frontlines to r educe the harmful effects of ill egal drugs on individuals
and families for several 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 a lcohol. Mr. Chairman, we embrace change in these
challenging times by recalibrating historic approaches
and to explore transformational options to better regulate our programmes and outcomes.
Mr. 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 to inform the ensuing law, policy and strategies, as well as lay the
groundwork for future initiatives.
Mr. Chairman, the convictions for small
amounts of cannabis have plagued many local res idents for years and has impeded employment, educ ational and travel endeavours. Moving from limited decriminalisation of cannabis to ending over -
criminalisation and laying the framework for a regulated cannabis industry continues apace, despite the
past problems. The Ministry’s scope of cannabis r eform, as aligned with the Ministry’s mandate of drug
prevention and law reform, continues to evolve as the progress through effective implementation of a reg ulated cannabis licensing framework for Bermuda takes
shape. Thus, work will continue in this 2022/2 3 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 treat ment of substance
abuse associated with cannabis and drugs broadly.
Mr. Chairman, the Ministry’s Pupillage Pr ogramme will continue with an allotment of $235,000
for three pupils. It is built on the success of previous
cohorts, offering vocational training opportunities for
aspiring barristers and attorneys to be admitted to the Bermuda Bar, as previously stated. Recruitment will
commence so that the newest cohort will commence in late summer.
Mr. Chairman, the amount of $150,000 has
been dispensed for the s alary of the Law 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 canno n of law, to transform, modify
and modernise our laws. This work is never -ending,
but will allow us to keep a pace 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.
Mr. Chairman, the Public Access to Information 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 sOfficial Hansard Report 11 March 20 22 701

Bermuda House of Assembly lative clarity and enhanced protections against abuse
of process and other operational deficiencies. Cautiously, we aim to ensure that legal uncertaint y does
not undermine the lawful protections against discl osure 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 modif ications 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.
Mr. Chairman, no new funds have been all ocated in this regard. This is an example wher e the
Ministry Headquarters will creatively advance this ini-tiative within its existing complement of resources,
sharing cross -ministry resources as effectively and
efficiently as possible, to realise the intended out-come.
Mr. Chairman, as promised in the Legislature,
the Ministry will progress the next phase (Phase II) of
amendments to the Matrimonial Causes Act 1974.
These amendments will be delivered utilising existing
resources from our current expenditure allocation.
This initiative will enhance deliverables that make divorce and separation less acrimonious, thereby e nhancing the well -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 featur es of the proceedings as pr eviously stated.
This often demonstrated an inability to look at
matters objectively in the interests of all parties con-cerned, especially the children. Therefore, an already
stressful time in their lives, the current process ince ntivises parties to focus on negative conduct and make
allegations about past events potentially introducing or
aggravating ongoing conflict.

Legal Aid Office– 97030

Hon. Kathy Lynn Simmons: I now move on to cost
centre 97030, the Legal Aid Office.
Mr. Chairman, the Legal Aid Office's purpose
is to ensure that legal advice and representation is readily available to those who need it most, and who, because of limited financial means, would otherwise
be unable to secure access to justice.
Furthermore, the Mission Statement 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.
Mr. Chairman, the Legal Aid Scheme is administered by the Legal Aid Committee under the a uthority of the Legal Aid Act 1980. For 2022/23 its
budget allocation is $1,825,000. This is a 9 per cent,
or $145,000 increase from the 2021/22 original est i-mate allocation. The increase in the budgetary needs
is primarily attributable to salaries adjusted for the uplift for the 10 per cent salary cut which pertained to 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 counsel, 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. Mr. Chairman, $600,000, or 33 per cent, represents costs allocated for legal services.
The remaining $238,000, or 13 per cent, represents
administrative expenses, inclusive of committee fees
and the mandatory professional indemnity insurance
and cost of 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 legal fees of
$498,000; telephone expenses of $3,500; $116,000
was spent 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 cleaning;
$19,000 was set aside for office supplies, printing,
books and professional law periodicals.
Mr. Chairman, the Legal Aid Office has f ocused primarily on increased operational control over
client litigation and administrative efficiency. The r eduction of expenditure has been a primary objective,
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 of fice was able to
contain its spending within its budget allocation in 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 2022. Although a full permanent staff complement is not yet in place, fees paid for external legal services from 1 January through 31 December 2021 was in the sum of $741,000. This figure
is also reflecti ve of the decreased number of cases
that progressed through the courts as a result of
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Bermuda House of Assembly COVID -19 restrictions and 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 inhouse counsel model.
Mr. Chairman, in regard to Legal Services, between the period 1 April and 31 December 2021, the
Legal Aid Office managed a combined total of 196
new matters: 49 matrimonial 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 exam ple. 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 Mid- Atlantic Wellness I nstitute, which c ommenced 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 consum-ing.
Legal Aid Counsel and Duty Counsel also
continue to be a major contributor to the functioning of
the Specialist Court programmes, such as Drug
Treatment Court, Mental Health Treatment Court and
Juvenile Plea Court, providing defence counsel adv ocacy for clients of these Courts. This will be mai ntained.
Mr. Chairman, with regard to output measures
the Legal Aid Office has the proven capacity to pr ocess applications for legal aid certificates within 10 working days; an improvement over the previous target of 14 working days. This reduction in processing time is reflective of enhanced administrative efficiencies under the new Legal Aid model. However,
achie ving this 10- day target is dependent on appl icants having submitted all the required information and supporting documents in a timely manner.
The Legal Aid Office also continues to pr ocess applications for Temporary Certificates, commonly known as Emergency Certificates, within three
working days. These applications are actionable once
all relevant financial information is submitted at the time of application. Applications for Temporary Certif icates can be approved by the Senior Legal Aid Counsel, provided they are capped below a fixed monetary value and are ratified by the Legal Aid Committee
within 28 days.
Mr. Chairman, with regard to staff, at present
the Legal Aid Office is comprised of three administr ative posts and five legal posts. The three administr ative posts are that of the office manager, accounts
officer, and one administrative assistant . The five legal
posts are as follows: senior legal aid counsel, two l egal aid counsel, one junior legal aid c ounsel, and one
paralegal. Again, legal aid counsel attend court and
represent clients at a reduced and manageable cost
to the public purse since they are salaried employees.
As mentioned, we expect to see appreciable savings
increase once the two vacant c ounsel posts are filled.
With regard to training and development, the
Legal Aid Office continues to focus not only on pr esent service provision, but also development of the
quality of the advocates who appear in court on behalf
of our clients. A main focus is also the movement t owards a paperless office in keeping with overall go vernment objective to be paperless by 2023. To this
end, training on the current case management and scheduling software will be ongoing as we reskill both
new and existing staff. In -house counsel also have
access to subscription -based legal research tools
such as Justis and Westlaw UK.
The diversity of legal work in the Legal Aid O ffice makes it an attractive option for pupils, law st udents and summer students. It is integral to facilitating
the Ministry's thrust to train and retain competent and
qualified Bermudians for the legal profession, especially for the criminal Bar. Three pupils each did a three- month rotation during the period April to D ecember 2021. We look forward to providing the same opportunities for the new pupils who will be commencing the Ministry’s Pupillage Programme in the coming
fiscal period.
In January 2022, the Legal Aid Office offered
a placement to a law student, in collaboration with the
Department of Wor kforce Development’s Graduate
Trainee Programme aimed at providing new graduates with work experience and potential employment
opportunities in their areas of study. Future opportunities are expected to continue into 2022/23 fiscal year.
I will now move to the Justice Protection Pr ogramme, which is cost centre 97070. I will remind the listening public, Mr. Chairman, that we are today d ebating the budget for the Ministry of Legal Affairs and
Constitutional Reform.
Mr. Chairman, the Justice Protection Pr ogram me has been allocated a budget disbursement of
$325,000 for fiscal year 2022/23 which represents the
same allocation as the prior year. For the current fi scal year, expenses to date are $275,000.
The Justice Protection Programme, Mr.
Chairman, is operated pursuant to the Justice Protection Act 2010. It provides protection for critical pros ecution witnesses who meet the legislative requir ements for entry into the programme.
Official Hansard Report 11 March 20 22 703

Bermuda House of Assembly Mr. Chairman, over the past fiscal year, an
additional seven individuals have been serviced with
protections, and relocation as necessary. These ind ividuals are afforded protection whilst they provide ev idence in high profile or high- risk cases before the
courts. During the last year the programme also assisted the Cayman Islands with prov iding 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
unification, this contributed to the total number of 52
individuals mentioned.
The average duration of enrolment in the programme for protection, or assistance is three years.
Seven other applications were considered, but were
denied entry to the programme, as sufficient assi stance was already provided to allay the assessed
risks.
Payments made under the programme are
structured to meet a participant’s reasonable living
expenses including, where appropriate, living expenses of his/her family. Payments are also made for other reasonable financial assistance, as well as for the
purpose of meeting costs associated with relocat ion
and settlement. This can often include providing assi stance to the participant as they seek and secure em-ployment or as they access education and healthcare.
Other assistance can be provided with a view to en-suring that the participant becomes more sel fsufficient to sustain their needs.
Over the 11 years, there have been 24 trials
where the participants have testified, and convictions were obtained in all but three of these cases. This
amounts to an 87.5 per cent conviction rate for cases
where a witness in the Witness Protection Programme
gave evidence.
In the year 2021/22, Mr. Chairman, there was
minimal impact to processing of applications owing to
the COVID -19 pandemic restrictions, which has
slowed the rate of court cases being tried. Notwit hstandi ng, the work of this programme continues to
protect the privacy and locations of participant wi tnesses in the programme.
The indispensability of this programme is just ified from the clear increase in successful prosec utions, particularly in those cases that are gang related
and involve violent offenders. The success of the Jus-tice Protection Programme stands markedly better
than established in programmes in other comparable
jurisdictions.
Mr. Deputy Speaker, I will now move on to the
Financial Sanctions Implementation Unit, which is cost centre 97080.
Financial Sanctions Implementation Unit
Cost Centre 97080

Hon. Kathy Lynn Simmons: Mr. Chairman, the F inancial Sanctions Implementation Unit (FSIU) is vital
to ensuring that Bermuda maintains its reputabilit y as
a cooperative jurisdiction in the international effort 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 from the 2021/22 original estimate allocation. The i ncrease in the budgetary needs is primarily attributable
to salaries adjusted for the uplift in respect of the
10 per cent salary cut from the previous year. Further,
98 per cent of the funding allocat ed 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 to
$251,096 to date.
Mr. Chairman, the FSIU oversees the impl ementation and monitoring of targeted financial sanctions in Bermuda, and advises the Minister of Legal
Affairs and Constitutional Reform on wider matters
relating to anti -money laundering, and countering the
financing of terrorism and proliferation.
Mr. Chairman, under the international fram ework as implemented into Bermuda law Her Excelle ncy the Governor is the competent authority in Berm uda, making her ultimately responsible for the impl ementation of targeted financial sanctions. Her Excellency’s powers are set out in the various Overseas Territories Orders that are in force in Bermuda purs uant to the International Sanctions Act 2003 and Inter-national Sanctions Regulations 2013.
Since September 2018, the Minister of Legal
Affairs and Constitutional Reform has had delegated
responsibility to perform certain functions related to
implementation of financial sanctions pursuant to the International Sanctions (Delegation of Governor’s
Powers) Notice 2018.
Mr. Chairman, it is noteworthy to mention that
Bermuda’s sanctions regi me implements financial
sanctions already brought into force under the United
Kingdom’s sanctions regime, as enacted under the UK’s Sanctions and Anti -Money Laundering Act 2018.
For ease of reference, it is noted that under
the Bermuda sanctions framework the Minister of Legal Affairs and Constitutional Reform has the power
to:
a) Obtain evidence and information by taking
such steps as considered appropriate to c ooperate with any international investigation r elating to the funds, economic resources or f inanci al transactions of a designated person.
b) Issue and revoke licences, with the consent of the Secretary of State, and may grant a l icence authorising an activity that would ot herwise be prohibited under the said Orders.
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Bermuda House of Assembly Such licence can be varied or revoked b y the
Minister at any time with the consent of the
Secretary of State.
c) Serve as a Reporting Depository to whom a relevant institution reports or informs if it cred-its a frozen account pursuant to an Order;
d) Authorise persons with power to search and
investi gate suspected ships/aircrafts/vehicles.
e) Specify, by Regulations, in the currency of the
Territory, the amount which is to be taken as
equivalent to sums expressed in sterling in the relevant Order.
Mr. Chairman, the output measures of the
FSIU’s role inc ludes ensuring Bermuda’s sanctions
framework is up to date and effective. To that end, the FSIU is responsible for making sure that all applicable
Overseas Territories Orders that detail new or changing sanctions are swiftly brought into force in Berm uda. Any updates to Bermuda’s sanctions regime are
listed in Schedule 1 of the International Sanctions Regulations 2013.
Mr. Chairman, in addition, the FSIU ensures
that the sanctions webpage of the government portal is updated within 24- hours of receiving updated notif ications from the UK Treasury. These updates are r equired in order to notify the public of additions or de-listings to the various sanction regimes in force in Bermuda.
Thus, upon notification from the HM Treasury’s Office of Financial Sanctions Implementation,
the FSIU updates the webpage and notifies superv isors to immediately advise their supervised entities of the changes. Moreover, the FSIU will continue its out-reach initiative to relevant government ministries and
departments, as well as to industry to ensure that persons know and understand their sanctions obligations
in addition to the role of the FSIU in the implement ation of targeted financial sanctions.
The FSIU also continues to work closely with
UK counterpart authorities and operational partners to
ensure effective implementation of targeted financial
sanctions in Bermuda.
Mr. Chairman, with regard to staff, the FSIU is
comprised of two posts, the Head of the FSIU, and
one Legal Counsel. The FSIU team is responsible for:
• implementing t argeted financial sanctions, i ncluding bringing relevant Overseas Territories Orders in Council into force in Bermuda;
• reviewing licence applications in respect of
the various sanctions regimes;
• liaising with Government House and U.K. a uthorities on sancti ons matters; and
• assisting Ministry of Legal Affairs and Const itutional Reform Headquarters with Bermuda’s
AML/ATF global obligations.
Mr. Chairman, I will now move on to the Mi rrors Programme, which is cost centre 97090.
Mirrors Programme—97090

Hon. Kat hy Lynn Simmons: The budget allocated to
the Mirrors Programme for 2022/23 is $722,000. Mr. Chairman, $478,000, or 66 per cent, represents sal aries. The remaining $244,000, or 34 per cent, repr esents operating and programming costs. The allocated 2022/23 b udget represents a $24,000, or 3 per
cent, increase over last year’s budget.
Mr. Chairman, 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 develo pment; building students’ relationships with peers and
adults; empowering youth to feel a sense of belon ging; building leadership skills; and youth influencer trainings to support student well -being. In this current
environment, we also recognise that there may be
uncompleted learning for some students, and notwit hstanding, there are some positives that have occurred which must be celebrated. Students are recognising
personal growth in technology skills, personal skills, social skills and r elationships. These areas will help
the youth adjust to a rapidly changing learning env ironment as they prepare for tomorrow’s workforce.
Mr. Chairman, Mirrors’ flexibility in shifting to
address the presenting needs of its client base is one of the programme’s strengths. The programme con-tinues 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 lawfulness.
The two- year post programming data of the
core senior school population remains pretty con-sistent with a slight increase of 93 per cent of clients
demonstrating lawfulness (not offending or reoffending), a slight increase, or 82 per cent of st udents connected to educati on (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.
Mr. Chairman, we recognise the local cha llenges in employment for young adults, and apprec iate the focus from the Ministry of Labour on a youth
employment strategy as part of their plan for
reemployment . We also welcome the increased funding for scholarships for our youth, as these two areas
are steps in the right direction to reduce the unemployment rate for the 18- to 24- year old population.
Mirrors mid -term output markers provide the necessary checkpoint for measuring the success of the pr ogramme, which benefits the public. To date, Mirrors
has served 6,169 youth and trained 6,193 adults i ncluding parents, teachers and volunteers in the area
of positive youth development.
And I will repeat that, Mr. Chairman: To date,
Mirrors has served 6,169 youth and trained 6,193
adults including parents, teachers and volunteers in
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Bermuda House of Assembly the area of positive youth development. That is success, Mr. Chairman.