Premier David Burt presented the long-awaited Report of the Commission of Inquiry into Historic Land Losses in Bermuda, which investigated cases of land theft and dispossession affecting citizens. Finance Minister Curtis Dickinson announced the government's revised budget for 2021/22, projecting additional COVID-19 related expenses of $21.3 million while maintaining the original deficit target. The Transport Minister provided an update on 30 electric buses purchased from China that will arrive over the next few months and enter service in April 2022. Education Minister Diallo Rabain outlined plans for a History and Legacy Committee to document and preserve Bermuda's educational history.
Report on historic land losses in Bermuda released after Commission of Inquiry investigationGovernment's mid-year budget review showing increased spending due to COVID-19 impactsUpdate on purchase of 30 electric buses to replace diesel fleetPlans to establish History and Legacy Committee to preserve educational heritageMinister of Finance's travel to UK, Belgium and USA for diplomatic and business meetings
Bills & Motions
No bills were read or voted on in this sitting
The Premier indicated a motion will be introduced later for the House to formally consider the land losses report
The session focused entirely on ministerial statements and reports rather than legislative business
Notable Moments
The historic land losses report represents completion of a process that began with a 2014 parliamentary motion, after the original Governor refused to establish the inquiry
There was a procedural issue where the Opposition Leader noted the Finance Minister was reading from different versions of his statements than what was provided to MPs
The Premier emphasized that examining painful historical truths is necessary for justice and building a better future
Debate Transcript
493 speeches from 28 speakers
The SpeakerThe SpeakerGood morning, Members. We are now about to start today’s session. Ms. Beale, would you like to lead us in prayer? PRAYERS [Prayers read by Ms. Kara Beale, Assistant Clerk ]
The SpeakerThe SpeakerThank you, Ms. Beale. Members, the House is now officially open. CONFIRMATION OF MINUTES [Minutes of 26 November 2021]
The SpeakerThe SpeakerThe Minutes of the sitting from the 26th of November have been circulated. Are there any omissions or amendments or corrections? There are none. The Minutes will stand as printed. [Minutes of 26 November 2021 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING
The SpeakerThe SpeakerThere are none. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThere is one paper this morning, in the name of the Premier. Honourable Premier, would you like to present your paper at this time? Hon. E. David Burt: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. REPORT OF COMMISSI ON OF INQUIRY INTO HISTOR IC LAND LOSSES IN BERMUDA Hon. E. David Burt: Mr. Speaker, I have the honour to attach and submit for the information of the Hon-ourable House of Assembly the Report of the Commission of Inquiry into Historic Land Losses in …
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerMembers, there are six Statements this morning. The first is in the name of the Premier. Premier, would you like to present your Statement at this time? Hon. E. David Burt: Sure, Mr. Speaker. You will not object if I put on my glasses.
The SpeakerThe SpeakerContinue. REPORT OF COMMISSION OF INQUIRY INTO HISTORIC LAND LOSSES IN BERMUDA Hon. E. David Burt: Thank you. Mr. Speaker, progress in any society can be achieved in several ways. The history of many nations and peoples has shown that the past, no matter how painf ul or controversial, must …
Continue.
REPORT OF COMMISSION OF INQUIRY INTO HISTORIC LAND LOSSES IN BERMUDA Hon. E. David Burt: Thank you. Mr. Speaker, progress in any society can be achieved in several ways. The history of many nations and peoples has shown that the past, no matter how painf ul or controversial, must be openly and fearlessly addressed. There is no requirement for people to agree a common history as shared experiences are often differently perceived and recalled. However, too much of history has been whispered or unrecorded. The Commission of Inquiry into Historic Land Losses has afforded an opportunity to those whose voices 168 10 December 2021 Official Hansard Report
Bermuda House of Assembly had either been silenced or ignored to openly tell their story and to be heard. Mr. Speaker, Honourable Members will recall that it was during the proceedings of this Honourable House on the 4th of July 2014 that the late Honourable Member C. Walton D. Brown Jr., a member of the Progressive Labour Party, then the Official Opposition, introduced the motion which ultimately led to the establishment of this Commission of Inquiry [COI] . Aggrieved at community reports of land stolen from citizens of Bermuda, he characteri sed his vision for pursuing historic losses of land in Tucker’s Town in this way: “We have an opportunity, Mr. Speaker, to help correct some of the wrongs of the bad old days when justice was a fleeting illusion for many, and where the rich, the powerful and the connected acted with impu-nity. The theft of land, the dispossession of property, took place in this country on a wide scale and over a long period of time. The villains in these actions, Mr. Speaker, were oftentimes lawyers, real estate agents and politicians, but not exclusively so. The victi ms were at times the poor and the marginali sed, but not always. What the victims shared though, Mr. Speaker, was an inability to secure a just outcome.” [Hansard 2014 p. 2603] The parliamentary debate that followed revealed that not only were there particular concerns regarding two of the most well -known expropriations in Bermuda—Tucker’s Town and St. David’s Island — but also concerns regarding widespread injustices in dealing with losses of land in other areas across t he Island. The motion approved by this House was as follows: “To take note of historic losses in Bermuda of citizens’ property through theft of property, dispossession of property and adverse possession claims; “AND BE IT RESOLVED that this Honourable Hous e calls on His Excellency the Governor to establish a Commission of Inquiry into all such known claims and to determine, where possible, the viability of any such claims and make recommendations for any victims of wrongful action to receive compensa-tion an d justice.” Honourable Members will likewise recall that the then- Governor , Mr. George G . Fergusson , refused to issue an o rder establishing a Commission of Inquiry, stating in a letter read to the House of Assembly: “I have concluded that these concerns ar e neither so clear nor so urgent as to justify my taking the still unusual step of commissioning an inquiry under the 1935 Act.” Mr. Speaker, the Legislature in its wisdom approved amendments to the relevant legislation and as such , pursuant to s ection 1A of the Commissions of Inquiry Act 1935, I, with the support of the Cabinet, determined to appoint a c ommission for this purpose on the 19 th of June 2019 and caused public notifica-tion in the o fficial Gazette on the 1st of November 2019. Mr. Speaker, Honour able Members will no doubt recall that the Commission of Inquiry ’s Terms of Reference were to: i. inquire into historic losses of citizens’ property in Bermuda through theft of property, dispos-session of property, adverse possession claims and/or such other u nlawful or irregular means by which land was lost in Bermuda; ii. collect and collate any and all evidence and information available relating to the nature and extent of such historic losses of citizens’ property; iii. prepare a list of all land to which such historic losses relate; iv. identify any persons, whether individuals or bodies corporate, responsible for such historic losses of citizens’ property; and v. refer as appropriate matters to the Director of Public Prosecutions for such further action as may be determined necessary by that office. Mr. Speaker, in advance of the receipt of the final report , the Cabinet took note of an executive summary which set out the proc edures adopted as well as the Commission of Inquiry ’s recommendations. Mr. Speaker, the members appointed to the Commission were as follows: serving as Chairman, the retired Hon. Justice Norma Wade- Miller, OBE , retired Puisne Judge of the Bermuda Supreme Court ; Deputy Chairman, the Hon. Wayne Perinchief, CPM, retired Assistant Commissioner of Police, former Min-ister for National Security, Minister of Culture and Human Affairs and Minister responsible for the National Drug Commission; Mrs. Maxine Binns, LL.B, Barrister and Attorney, f ormer consultant legal counsel with Business Development and retired legislative assistant with the Business Development Unit ; Mrs. Frederica Forth, JP, f ormer vice president of a local bank and experienced realtor ; Mrs. Lynda MilliganWhyte, LL.B, JP, senior legal counsel practi cing at the Bermuda Bar, former Minister of Legislative Affairs and Women’s Issues ; Mr. Jonathan Starling, Economic and Cooperative Development Officer, Bermuda Economic Development Corporation; and Mr. Quinton Stovell, professional land surveyor . Mr. Speaker, I am grateful t o these c ommissioners for their service and the incredibly detailed and diligent manner in which they approached the mammoth task. Mr. Speaker, the C ommission of I nquiry decided that it should call for and examine evidence and then determine whether such evidence, taken as a whole, demonstrated a structural problem which was either historic in nature and/or which demonstrated systemic failure. Each case filed before the Commission of Inquiry was examined with the Commission, then determining whether the par ticular case represented an instance of a historic loss of land
Bermuda House of Assembly by a citizen of Bermuda through theft or dispossession of property, adverse possession claims or other unlawful or irregular means by which land was lost in Bermuda. To ensure that the work of the Commission of Inquiry was known within the community , a website was created. The website contained basic information about the background and composition of the Commission of Inquiry, as well as its operational rules and procedures. To attract further the attention of members of the community who may wish to make claims, the COI placed newspaper advertisements inviting persons to apply for standing, or if they did not wish to have standing to share information with the Commission of Inquiry . To broaden the C ommission ’s reach, social media notifications about upcoming hearings were posted and periodic press statements were is-sued to the traditional media. Mr. Speaker, I would like to invite Honourable Members to take note that t he Commission of Inquiry [performed the following] : • from April through July 2021 met with numerous experts for assistance in clarifying outstanding queries and giving historical context to practices that may have occurred in the past; • adhered to all COVID -19 restrictions in place. Arrangements were made to accommodate those who could not appear in person, including commissioners themselves on occasion. Video conferencing software was used throughout all Commission of Inquiry hearings; • held a total of 74 h earings variously at the Grotto Bay Beach Resort, Hamilton Parish; Willowbank Resort & Conference Centre, Sandys; and the Royal Bermuda Regiment, Warwick Camp, in Warwick. Mr. Speaker, t he Commission of Inquiry received a total of 53 c laims: 18 were heard, 1 5 were denied, 10 were withdrawn and 10 were closed by commissioners for jurisdiction reasons . Mr. Speaker, Honourable Members will note that the r eport makes a considerable number of recommendations. These apply to each of the various cases considered and are divided into actions to be taken by the Legislature, private individuals and other entities. Mr. Speaker, the Government now seized of the report will examine the recommendations in detail and determine what can be done to address them. I would highli ght for Honourable Members that the recommendations include the following: • The Government considers establishing a permanent mechanism of state machinery to review claims concerning the historic loss of properties. The mechanism should be fully resourced w ith human and financial resources to address all claims and concerns post this COI, ultimately with a view of having a legal framework in place to facilitate remedies and/or an award of compensation . • Government ensures that the history of the Tucker’s Town and St. David’s Island expropriations are memoriali sed suitably by mandating its inclusion in Bermuda history taught in our schools, its placement in libraries and other repositories , and by erection of a suitable physical monument ideally situated in bot h Tucker’s Town and St. David’s Island. • Government establishes an independent Land Tribunal to deal with all outstanding legacy issues involving historic losses of land in Bermuda and to make recommendations based on the findings of the Commission of Inquiry and any others that may emerge. Mr. Speaker, the work of the Commission was greatly enhanced by a team of administrative staff, legal counsel, researchers and investigators . The final editing of the r eport was done by former Permanent Secretary , Mr. Robert K. Horton, and his oversight has proven invaluable to producing this final product. Mr. Speaker, Honourable Members will recall that in fiscal [year] 2019/20, the amount of $723,000 was budgeted for the work of the Commission. With the advent of the pandemic and the inability of the Commission to meet, hear evidence and perform its functions as intended, the time within which the work was to be done had to be extended. Addi tionally, Mr. Speaker, as the r eport indicates and as will be supported by eventual release of the appendices, this is among the most detailed and painstaking of tasks undertaken by an independent body. There can be no doubt that the work of the Commission was an exercise in determining the truth of painful histories and giving voice to claims that others rejected or refused to hear. Mr. Speaker, the Cabinet Office determined to fund the ongoing work of the C ommission , which unexpectedly carried on into thi s fiscal year and has done so from savings reali sed in the overall budget for Head 9. No new money was requested or required , and I can advise the Honourable House that there will be no requirement for supplementary funding in this fiscal year for this pur pose . Whilst the final costs are not yet available, I will revert to this House with those costs once the final r eport is printed, the website upgraded and the appendices uploaded and the final service provider costs are paid. Mr. Speaker, this will make difficult reading for some. For others it will represent the last mile of a race that they have run for decades. History is a delicate thing, Mr. Speaker. It must be handled with care and treasured, as it is in a fulsome understanding of history that we create a stronger present and a better vision for the future. I will invite this Honourable House to consider this r eport by a motion to be introduced for that purpose. 170 10 December 2021 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, in closing I would refer this Honourable House to the Statement I made in June 2019. The words frame all that the c ommission represents and the Government’s intention in addressing this issue: “ Truth can be uncomfortable. Unearthing historic wrongs may be inconvenient for some. It may well be that some of those who were victims and those who committed wrongdoing have since passed on. But . . . it is never too late for justice. That justice can take many forms. For some it may simply be the opportunity to be heard and have their claims acknowledged, while for others it may confirm th e legal standing they have long asserted. The process of providing justice starts with a step towards truth.” Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Members, the next Statement this morning is in the name of the Minister of Finance. Minister, would you like to present your Statement at this time? Hon. Curtis L. Dickinson: If it pleases you, Mr. Speaker. Good morning.
The SpeakerThe SpeakerContinue on. REPORT ON TRAVEL TO THE UK, BELGIUM AND USA Hon. Curtis L. Dickinson: Mr. Speaker, I rise today to inform this Honourable House of recent travels to London and Brussels , along with the Acting Financial Secretary, as part of the Finance Ministry’s ongoing programme of engagement and …
Continue on.
REPORT ON TRAVEL TO THE UK, BELGIUM AND USA Hon. Curtis L. Dickinson: Mr. Speaker, I rise today to inform this Honourable House of recent travels to London and Brussels , along with the Acting Financial Secretary, as part of the Finance Ministry’s ongoing programme of engagement and advocacy with key stakeholders and trading partners. I will also provide an update on my work last week in New York as I again provided support to the Bermuda Business Development Agency in their promotion of Bermuda as a centre of excellence in climate risk finance. Mr. Speaker, my visit to London and Brussels spanned the period from November 14 to the 23. During my time in London, I had the opportunity to accompany the Premier to the J oint Ministerial Council [JMC] session on Economic Resilience at the Foreign Commonwealth & Development Office. The Council was chaired by the Minister for the Overseas Territories, Amanda Milling MP. The cross -Whitehall departmental engagement included H M Treasury led by the Exchequer Secretary, Helen Whatley MP , and focused on building economic resilience in the Territories. It provided the opportunity to share experiences on managing economies post COVID -19 and the impact to some as result of the UK’s departure from the European Union [the EU ]. It was highlighted that as a result of external impacts such as COVID -19, natural disasters and climate change, Territories have been gravely affected by the resultant fiscal and economic challenges. It was theref ore agreed that the UK will work alongside Territory Governments to appropriately explore oppor-tunities for infrastructure development and [provide] assistance in sound public financial management and effective fiscal planning, particularly supporting the diversification of economies through building resilience and investment. During the discussions we affirmed Bermuda’s ongoing commitment, as a leading compliant financial services jurisdiction, to cooperate on meeting evolving international regulatory and tax standards. Mr. Speaker, during that week we also had the opportunity to meet with senior officials at the Bank of England, including experts addressing financial stability matters and the Chief Executive Officer of the Prudential Regulatory Authority [PRA] . Bermuda’s Financial Policy Council was established in 2015 as an advisor to me, as Minister of Finance, on financial system stability matters. Their advice has been an important input, as the Ministry has developed strategies and policies to address many of the relevant financial challenges that Bermuda has faced. The UK Financial Policy Council has been operational for a significantly longer period, and it was therefore helpful to understand how the UK work and framework in this area continues to ev olve. In addition, the meeting provided the opportunity to have discussions on issues of common interest and challenge. The PRA in turn were very complimentary about the work of the BMA [Bermuda Monetary Authority] and expressed their positive views of the robustness of the Bermuda regulatory framework. Mr. Speaker, during the week we were also able to meet with the Chair of Lloyds, Mr. Bruce Carnegie- Brown. He then graciously hosted a lunch at the Lloyds offices which was attended by CEOs of Lloyds member s, who also had Bermuda operations. These discussions reinforced the symbiotic relationship be-tween Lloyds and Bermuda while also highlighting the important role played by the Bermuda insurance market in the UK risk mitigation program me. Mr. Speaker, the Brussels segment allowed us to continue our advocacy programme begun in 2019 with senior persons in the European Commission and Council. We had the opportunity to meet with senior officials from the Commission’s Tax Directorate, including a Me mber of Cabinet for EU Commissioner Paolo Gentilioni and the European Com-mission’s Director for Direct Taxation, Tax Coordination, Economic Analysis and Evaluation. We discussed Bermuda’s positive efforts to effectively implement economic substance requirements and country-by-country reporting. We also had a dialogue on the recent OECD/G20 international agreements on taxation and key aspects of the approach being considered for implementation at the EU level, particularly in relation to third countries.
Bermuda House of Assembly Hon. N. H. Cole Simons: Mr. Speaker, just a point of order.
POINT OF ORDER
Hon. N. H. Cole Simons: With all due respect to the Minister of Finance, he is not following the Statement. There are many variations to the Statement that he is reading.
The Spea ker: The draft and the updated version . . . Opposition Leader, your point was that the copy that the Minister is reading from is different from the copy that you have? Hon. N. H. Cole Simons: Yes, Mr. Speaker. Yes.
Hon. Curtis L. Dickinson: Mr. Speaker, the revised document was provided by nine o’clock this morning.
The SpeakerThe SpeakerYes. That was what I was about to say. I think the revised one . . . Opposition Leader, the revised copy should be on the SharePoint. Hon. N. H. Cole Simons: Okay. Thank you.
The SpeakerThe SpeakerSo you are probably going by the original draft that was done. But there was a revised copy that was put up there. Hon. N. H. Cole Simons: Thank you very much.
The SpeakerThe SpeakerNo problem. I was just trying to follow what you were saying. That is why it took a moment to comment on that . Okay? Hon. N. H. Cole Simons: Thank you.
The SpeakerThe SpeakerNo problem. Hon. N. H. Cole Simons: You can continue. Hon. Curtis L. Dickinson: Mr. Speaker ?
The SpeakerThe SpeakerYes. Continue, continue. Hon. Curtis L. Dickinson: Thank you. Mr. Speaker, I also had the opportunity to have a meeting with the C hair of the Code of Conduct Group, Lyudmila Petkova, in the Council of the EU. The Code of Conduct Group is composed of highlevel representatives from the …
Yes. Continue, continue.
Hon. Curtis L. Dickinson: Thank you. Mr. Speaker, I also had the opportunity to have a meeting with the C hair of the Code of Conduct Group, Lyudmila Petkova, in the Council of the EU. The Code of Conduct Group is composed of highlevel representatives from the EU member states and the European Commission. One of its tasks is preparation of the revisions of the EU list of non- cooperative jurisdictions for tax purposes. I am pleased to share that our meeting with Ms. Petkova was her first meet-ing with a non -EU cou ntry since she was re- elected as chair in January 2021. Bermuda’s dialogue and cooperation with the Council of the European Union and the Code of Conduct Group was discussed as being exemplary. Mr. Speaker, the Premier and I also had the opportunity to meet with the European Commission’s Director -General for the Directorate- General for Financial Stability, Financial Services and Capital Markets Union, John Berrigan. Bermuda was recognised for our importance in the global insurance industry. During the meeting, we discussed the crucial role of insurers as investors in the carbon neutral economy and in helping the world prepare for climate risks. In addition to presenting Bermuda as a centre of excellence in climate risk finance, we also shared Bermuda’s adv ancements within the crypto- assets regulatory space. This is an area where Bermuda was an early mover, adopting regulation in 2018, which still exceeds in some areas the requirements of the Financial Action Task Force. The Commission particularly praised B ermuda’s work to meet anti -money laundering rules, which was described as a model for other countries . As my first visit to Brussels since the pandemic began, these meetings were a vital opportunity to reinforce Bermuda’s outreach efforts within the EU and to strengthen the relationships with this important trade partner and regulatory partner. Mr. Speaker, during the past week I once again had the opportunity to lead a Bermuda delegation on a marketing trip organi sed by the Bermuda Business Development A gency [BDA] . During this trip, Bermuda was ably represented by officials from the BDA, the BMA, the BSX [Bermuda Stock Exchange] and the Ministry of Finance. The purpose of the trip was to inform key asset allocators on the crucial factors that make Bermuda a prime jurisdiction for climate risk finance business. The series of meetings, lunches and dinners provided an excellent platform for promoting Bermuda to important influencers and decision- makers. Ensuring the growth and diversification of Bermuda’s i nternational business sector is a critical part of stabili sing and strengthening Bermuda’s economy. Therefore, we intend to continue to support initiatives such as this, which are important for the expansion of Bermuda’s client base. Mr. Speaker, in clos ing I would again note my strong commitment to take necessary action to prudently build a stronger, more resilient Bermuda. We recogni se that having a thoughtful and strategic programme for engagement and advocacy must be a core part of our work. Thank you, Mr. Speaker . [Pause]
Hon. Curtis L. Dickinson: Mr. Speaker, I believe you are on mute.
The SpeakerThe SpeakerI was muted; sorry about that. 172 10 December 2021 Official Hansard Report Bermuda House of Assembly Members, the next Statement is also in the name of the Minister of Finance. Minister, would you like to proc eed with your second Statement? Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. …
I was muted; sorry about that. 172 10 December 2021 Official Hansard Report
Bermuda House of Assembly Members, the next Statement is also in the name of the Minister of Finance. Minister, would you like to proc eed with your second Statement?
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Just as a way of advising colleagues that a revised copy of this Statement was also distributed by 9:00 am this morning.
The SpeakerThe SpeakerBoth revised copies ( of the previous [Statement] and this one) should be on SharePoint. I am just having Mr. Lamb confirm that they are, as they were sent early out. Hon. N. H. Cole Simons: Mr. Speaker, the first one was not on SharePoint a minute ago. Now, this …
The SpeakerThe SpeakerOkay. We are checking with Mr. Lamb as we speak, okay? Hon. N. H. Cole Simons: Thank you. REVISED BUDGET FOR THE FINANCIAL YEAR 2021/22 Hon. Curtis L. Dickinson: Mr. Speaker, Honourable Members will recall that on November 12, I gave a Ministerial Statement on the 2021/22 half -year performance. …
Okay. We are checking with Mr. Lamb as we speak, okay? Hon. N. H. Cole Simons: Thank you.
REVISED BUDGET FOR THE FINANCIAL YEAR 2021/22
Hon. Curtis L. Dickinson: Mr. Speaker, Honourable Members will recall that on November 12, I gave a Ministerial Statement on the 2021/22 half -year performance. I also committed to report to this Honourable House on the updated 2021/22 Revised Estimates of Revenue and Expenditure resulting from a detailed 2021/22 mid- year performance assessment. Further, I undertook to provide an update on the continued impact of the COVID -19 pandemic on government revenues an d expenditures for fiscal 2021/22. Mr. Speaker, in accordance with these commitments I rise this morning to provide this Honourable House with the results of the mid- year performance assessment and advise on the revised budget for this fiscal year. Mr. Sp eaker, as a result of measures taken to keep Bermuda open for business in 2021, after severe disruptions in 2020 to combat the spread of COVID - 19, the Bermuda economy is estimated to have grown by 3 per cent to 5 per cent in the first three quarters of 2021. The majority of the key economic indicators such as employment income, imports, visitor spending, construction activity and retail sales increased during this period. Although several of the 2021 key economic indicators experienced positive results, it should be noted that some of these figures such as imports, construction, and tourist arrivals and spending are below the 2019 figures. This indicates that the economy is moving in the right direction but has not fully recovered to pre- pandemic levels. Mr. Speaker, I will now speak to the results of the 2021/22 mid- year review analysis.
Revenue Hon. Curtis L. Dickinson: The original revenue budget estimate for 2021/22 was $998.9 million. The Ministry estimates that revenue yields for 2021/22 will incre ase by a small amount of $8 million, to $1.007 billion. Mr. Speaker, key factors contributing to the revenue estimates include the following: • increase in Customs Duty of $20 million, or 7 per cent increase, over the original budget. The original budget of $200 million was conservative based upon the unknown impact of further COVID -19 restrictions. However, as these restrictions were relaxed, we have seen increases in economic activity reflected by an increase in imports; • increase in Stamp Duty of $4 million due to the increase in land conveyances from the sale of real estate; • decrease in Passenger and Transportation Infrastructure taxes of $5 million. This decrease continues to reflect the slow recovery of the tourism industry due to the impact of COVID - 19; and • Payroll taxes remain on budget.
Expenditures —Current Account
Hon. Curtis L. Dickinson: Mr. Speaker, original current account expenditure for 2021/22 was forecast to be $903 million. Current expenditures for fiscal 2021/22, excluding debt service, are now projected to increase by $56.9 million, which will revise current expenditures to $959.9 million. Mr. Speaker, the primary reason for this increase directly relates to the impact of the COVID -19 pandemic. Based on the submissions by ministries coupled with Finance Ministry’s forecasts, additional COVID -19 expenditures are estimated at approximately $21.3 million for this fiscal year. These additional COVID -19 expenditures directly relate to the impact of the third and fourth waves of COVID -19 which oc curred during the April –May and August – September periods. The related rise in positive cases triggered a requirement for increased testing, contact tracing, lab operations, quarantine mandate and benefits related to the temporary unemployment benefit progr amme. Taking into account the amounts that were included in the Government’s 2021/22 budget, total pro-jected spend for COVID -19 expenditures is approximately $34.8 million for the fiscal year, of which unemployment and related supplemental benefits are projected to total approximately $12.7 million. The pandemic has also significantly impacted the operations of the Bermuda Hospitals Board resultBermuda House of Assembly ing in reduced revenue and increased expenses, and consequently their need for further subsidy support. Honourabl e Members would recall the Statement made by the Honourable Minister of Health earlier this year regarding increases to the Standard Premium Rate to address the shortfall. The increases passed by this Honourable House were not the full amount needed to meet the shortfall of income as the Cabinet decided not to pass all of the costs to employees and businesses to reduce the size of the increase. This additional shortfall of $11 million will be funded from the Consolidated Fund to ensure that our hospital can continue operations. Mr. Speaker, as indicated in my Ministerial Statement on the 2021/22 half -year performance, further additional expenditures are anticipated which relate to significant government guarantee commitments made under the previous adminis tration. These include the airport revenue guarantee expenditure of $16 million and the costs for Morgan’s Point/Caroline Bay estimated at $5.3 million to fund the work of the joint provisional liquidators, buildings maintenance, lawyers and consultants. O ther areas of proposed additional spend include Financial Assistance at $1.25 million. Mr. Speaker, in my Ministerial Statement on the 2021/22 half -year performance, I highlighted that it is imperative that the budget deficit target for fiscal 2021/22 is not exceeded given the current high levels of public debt. As I have noted on a number of occa-sions, a breach of the deficit target should be seen as a serious issue as it could have a potentially negative impact on the cost of refinancing government debt in the future and on Bermuda’s credit rating. Accordingly, current expenditure savings have already been identified by all ministries in the amount of approximately $13 million to support the increase in expenditures. The majority of these savings is due to vacant positions throughout the government which have yet to be recruited. Steps are also being taken to ensure that overtime is further managed and limited to use in essential matters only. In addition, ministries continue to re- examine and reduce lower -priority budget expenditures to ensure the deficit target is achieved. Mr. Speaker, having considered the increase in revenues, the unbudgeted expenditures and the already identified expenditure savings, it was recognised that there is also a need to co nsider the level of proposed capital expenditures to ensure that the original deficit target of $124.7 million was achieved.
Capital Expenditures
Hon. Curtis L. Dickinson: Mr. Speaker, I will therefore now provide further detail in relation to capital investment. The original capital expenditure [capex] component of the 2021/22 budget was set at $92.9 million. Capital expenditures continue to track below the expected level, for an annual spend of $92.9 million for fiscal 2021/22. This decrease was mainly due to the continued impact of COVID -19 on the availability of resources required to deliver on capital projects. Therefore, the Ministry of Finance is proposing a $25 million reduction in capital expenditures for this fiscal year. This would revise the es timate for capex down to $67.8 million for 2021/22, an expenditure level which is in line with actual capital spending in the 2019/20 and 2020/21 fiscal years. Mr. Speaker, after factoring in both proposed current and capital expenditure savings, increas es in revenue and the impact of work being done to further reprioritise spending, we remain confident that the budget deficit target of $124.7 million can be achieved. It is important that we continue to ensure that fiscal matters are managed in a prudent and considered way, and that we continue the fiscal discipline that is required for the achievement of a balanced budget in as timely a period as possible. In that regard, it is intended that the Government will continue its work to progress on the implementation of the government reform initiatives including rationalisation of all government departments, quangos and services. Mr. Speaker, in closing we recognise that these are extremely challenging times not only for governments but also for individuals and businesses. We remain conscious of the continual need to provide appropriate support for our community while ensuring that we execute a financial and fiscal strategy that is credible and sustainable. As we continue our work to appropriately manage the fiscal affairs of this country, our focus remains on taking actions in a way that contributes to a bright future for all. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Transport. Minister, would you like to present your paper? [No audible response]
The SpeakerThe SpeakerMinister. Hon. W. Lawrence Scott: Yes. Can you hear me, Mr. Speaker?
The SpeakerThe SpeakerYes. Continue. ELECTRIC BUSES UPDATE Hon. W. Lawrence Scott: All right. Thank you. Mr. Speaker, in March of this year during the Budget debate I announced that as part of the Government’s commitment to protecting the Island’s environment, the Ministry of Transport is starting by purchasing 30 electric buses . …
Yes. Continue.
ELECTRIC BUSES UPDATE Hon. W. Lawrence Scott: All right. Thank you. Mr. Speaker, in March of this year during the Budget debate I announced that as part of the Government’s commitment to protecting the Island’s environment, the Ministry of Transport is starting by purchasing 30 electric buses . The buses were purchased 174 10 December 2021 Official Hansard Report
Bermuda House of Assembly from Golden Dragon Bus Company Ltd. in China in August. Each bus cost [US]$114,200. By comparison, the last diesel bus purchased from Portugal in 2018 cost [US]$250,000. The company recently completed the pre- delivery inspections and is currently preparing the buses to be shipped from Shanghai to Bermuda. Mr. Speaker, I am very excited to announce that this project has pro gressed despite global supply chain issues. We anticipate that the buses will be arriving on three shipments over the next few months. But [I am] more [excited] because they are scheduled to go into service in April of 2022. Mr. Speaker, an engineer from Golden Dragon Bus Company will be based in Bermuda for three months after the buses arrive to support with commissioning and training of the Public Transportation Department staff. Additionally, the department’s techni-cians will participate in electric ve hicle training online via the Institute for Motoring Industry, UK, and locally via the Bermuda College. The department is also recruiting additional bus operators to ensure that we have the resources required to provide a reliable and consistent public bus service. The job advertisement will run from 17 December through 31 December of this year. Mr. Speaker, as part of the Government’s economic recovery plan, we are in the process of constructing interim charging stations at Dockyard, St. George’s and For t Langton bus depots to support the initial 30 buses until the permanent charging infra-structure is ready. These charging stations will be fed from existing BELCO circuits and completed in March of 2022. The initial RFP [request for proposal] for the new e lectric buses envisioned transitioning the entire bus fleet to electric over 10 years. The permanent charging infrastructure will accommodate the whole fleet. There will be a total of 30 charging stations ser-vicing 60 bus bays, a 450 kilovolt -amps rooftop solar PV array and a battery energy storage system at the Fort Langton bus depot. The RFP for this new infrastructure is concluding, and the contract award is anticipated early in the new year. The build will take one year to complete. Mr. Speaker, although the RFP included buses with wheelchair access, the new buses are not wheelchair accessible. We have revisited feedback from the 2019 Transport Green Paper and consulted with relevant stakeholders, and we believe that a dedicated programme would better serve persons with motorised wheelchairs. The Ministry is currently working on a paratransit programme, and I will be sharing more on this initiative in February. Mr. Speaker, I take this opportunity to remind commuters who use public buses and ferries t o follow the Health Ministry’s COVID -19 guidelines for travelling on public transportation—not only for their safety but also for the safety of the hard- working staff of the Department of Public Transportation and the Department of Marine and Ports Services. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Education. Minister, would you like to present your Statement? Hon. Diallo V. S. Rabain: Mr. Speaker, can you see me?
The SpeakerThe SpeakerI see you and hear you. Continue. Hon. Diallo V. S. Rabain: Okay. Just having a few technical difficulties. Just waiting for the Statement to pop up on my screen. Okay, there it is.
The SpeakerThe SpeakerYes. HISTORY AND LEGACY COMMITTEE Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise with my honourable colleagues and the community at large to talk about the work that will be undertaken for the establishment of a History and Legacy Committee . Mr. Speaker, many of us are …
Yes.
HISTORY AND LEGACY COMMITTEE
Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise with my honourable colleagues and the community at large to talk about the work that will be undertaken for the establishment of a History and Legacy Committee . Mr. Speaker, many of us are walking on paths that have been tread for us by those who came before us—our parents, grandparents, educators, and political and community l eaders, some of whom were groundbreakers and most of whom were average citizens. Their efforts to develop the Bermuda that we live in today have created opportunities for us to continue to improve Bermuda so that we can make our nation better and so that w e can all thrive within our community. As we move forward with education reform, we know that change in education is not only desired but it is a prerequisite to designing the kind of public education system that inspires confidence and meets the education al, societal and other related needs of each and every learner. Mr. Speaker, when important things are to be gained, like better education for each and every child, it is critical to keep in mind what we do not want to lose. These changes, which are the G overnment's response to community calls for change, have brought long-standing issues and concerns about Bermuda's educational history and legacy to the forefront. From lived experiences, discussions with our family members, concerns for our constituents and from prior de-bates in this House, we know that our country's history is a difficult and painful one, especially for those of our parents’ and our grandparents’ generations. It is rich with examples of our great history of building and trades, seafaring and shipbuilding, and developing and shaping young minds and leaders. However, it is also a painful and difficult history of racial segregation, separate and unequal schools, and class stratification. Along with my predecessors, I recBermuda House of Assembly ognise that decisions have been made in decades past that continue to have profound implications on current and former students of the Bermuda Public School System and Bermudian society. Many Members know about the vital history of schools such as the Bermuda Technical Institut e, Howard Academy, Warwick Sec, Prospect School for Girls, the Robert Crawford and others that have closed or been repurposed in decades past. Mr. Speaker, during the recent consultation on parish primary schools, I was reminded and reminded and reminded again about these critical issues and of the need to teach, learn, know, understand and appreciate our educational history and legacy. In addition to listening to and reading the numerous submissions from community members, I also received many messages of support and met directly with community members passionate about protecting and preserving the history and legacy of schools. Through this process, it has become evident that, despite very good intentions and the imperative to bring about change for young people, a response was needed that met the moment of change that we are undertaking. Mr. Speaker, prior to making a single decision about parish primary schools, I resolved that these concerns had to be addressed. As I listened to and considered the co ncerns, mostly of elders with deep connections to particular schools and school communities, it was evident that while there have been significant contributions made to documenting and understanding Bermuda's educational history, more was and is needed. Therefore, I committed to establishing the History and Legacy Committee to engage with the community and to document, commemorate and pre-serve Bermuda's educational and school history and legacies. Mr. Speaker, of course this effort could be easily misjudg ed as just another government committee being thrown at a problem. I can assure you and the Members of this Honourable House that this indeed is not that. This past summer I met directly with passionate and committed community members, including the adult children of renowned educators, current and former educators and parents of current students, many of whom were also public school alumni. I also met with the technical officers of the Ministry of Youth, Culture and Sport; historians and researchers; and c ommunity and cultural leaders to share feedback from the parish primary consultation, to engage in deep discussions about the history and legacy of schools and education, and to obtain input on the development of the History and Legacy Committee. This assistance helped to shape the vision and design of the History and Legacy Committee. Mr. Speaker, subsequently, I have initiated the work of the History and Legacy Committee with the appointment of the Chairperson, Ms. Heather Whalen. Ms. Whalen will steer and oversee the work of the History and Legacy Committee. She has been working with members of the Ministry of Education team toward the formal establishment of this committee. The preparation work includes creating a small short -term working group [Workin g Group] to develop the terms of reference that the eventual Committee will use once it is fully established and constituted. Mr. Speaker, the Working Group's membership consists of Ms. Heather Whalen, who is the re-tired Director of Community and Cultural Affairs. During her professional career she spearheaded a number of international events, served as the head of the delegation for CARIFESTA and was a member of the team organising the Smithsonian Folklife Festival. She is the co -author of Bermuda's firs t National Cultural Heritage Policy. Well known to Members of the Legislature, Ms. Whalen has co- hosted several ceremonies for the Convening of the Legislature and has also served as a member of the committee to commemorate the 400 th anniversary of the Ber muda House of Assembly. In addition, she has previously served on several government committees and is a member of the Board of Education and the Interim Director of Age Concern. Ms. Whalen began her career in education, teaching history and civics at the Berkeley Institute where she also served as Head of the Social Studies Department. Ms. Alberta Dyer -Tucker is retired from public service, having served in numerous roles including Assistant Cabinet Secretary [Policy] and Senior Education Officer for Early Education, among other roles. She was also one of Bermuda's inaugural policy analysts and later co- led the Cabinet Office’s Intern Programme, which helped launch the careers of many young Bermudians. Immediately before her retirement, Ms. Dyer -Tucker help ed organise a Commission of Inquiry, also serving as Commission Clerk. She later served as Clerk to the Parliamentary Joint Select Committee Inquiring into the Events of December 2nd, 2016. She also briefly worked with the Commission of Inquiry into Histor ic Land Loss in Bermuda. She is also a former educator, having begun her ca-reer as a classroom teacher at Victor Scott Primary. Mr. Adrian Lodge has worked in the IT industry for over 20 years. He has recently completed a Privacy Officer and Cybersecurity course with a passion for always learning and improving. Adrian is the founder of local software development company Supatone Ltd. He has led the BEDC’s StartUp Weekend for entrepreneurs, has volunteered at the annual Hackathon and has taught WordPress. He also designs mobile apps and games for Bermuda Island Games, a local business he started to promote Bermudian culture digitally. Adrian holds a Master's Degree in Information Technology Management from the University of Liverpool. Ms. Taneesha Ottley is a Ministry of Education Policy Analyst and will provide research and secretariat support for the Working Group. Having re176 10 December 2021 Official Hansard Report
Bermuda House of Assembly viewed and analysed all of the submissions from the parish primary school consultation process, she has developed deep and broad insight into the issues raised by community members regarding the history and legacy of schools and education. She is also a public school alumna, having graduated from CedarBridge Academy. She has obtained an Associate's Degree in Liberal Arts from Bermuda College and a Bachelor's Degree in Social Policy from the University of Lincoln, UK. Ms. Ottley is currently studying towards a Master's Degree in Public Policy and Man-agement from the University of York, UK. Dr. Theodore Francis is an Assistant Professor of Hi story at Huston -Tillotson University [HBCU], a historically Black college and university in Austin, Texas. He teaches African American, Caribbean and United States history courses. His research focuses on race, resistance and Black travel in the African Diaspora, particularly the Caribbean and Americas. In 2020 Dr. Francis served as an expert witness for the Bermuda Government’s Commission of Inquiry into Historic Land Losses. He completed an extensive research report on the Tucker’s Town portion of these land losses. Dr. Francis is the co- author of Prudent Rebels: Bermudians and the First Age of Revolution with Dr. Clarence Maxwell and Alexandra Mairs - Kessler. His current book manuscript explores African American tourism to Bermuda during the Island's de-segregation movement. Mr. Randy Scott is a retired Parliamentary Registrar, having served in this leadership role for many years after working as the Assistant Parliamentary Registrar. After teaching for a period at the Robert Crawford School, Mr. Scott also worked in the Department of Statistics for more than 20 years. He is an alumnus of West End Primary School and attended Sandy's Secondary School, having completed his high school education in the United States at Eron Preparatory School in New York Ci ty. He attended Central State University in Wilberforce, Ohio, and graduated with a Bachelor's Degree in History Education. Dr. Quito Swan is a Professor of African American and African Diaspora Studies at Indiana University Bloomington. The author of Black Power in Bermuda and the forthcoming Pasifika Black: Oceania, Anticolonialism, and the African World , his scholarship is focused on 20 th century Black internationalism. In 2020 Dr. Swan served as an expert witness for the Bermuda Government’s Commission of Inquiry into Historic Land Losses. He submitted a report on the St. David's/US baselands section of these land grabs. He is the recipient of several awards including fellowships from the National Endowment for the Humanities, the American Council of Learned Societies, Harvard University's Radcliffe Institute, the Wilson International Center for Scholars, Pennsylvania State University’s Humanities Institute and Australia’s University of Queensland. He is also the founder of DrinkWell, a professorial consu lting agency. Ms. Rhonda Woods -Smith is the Senior Manager of the Tourism Regulation and Policy Unit. She previously served as a Senior Policy Analyst in the Ministry of Economic Development and Tourism and as the Acting Director of Telecommunications. Ms. Woods -Smith has an extensive background in education. She began her career as a mathematics teacher at the Berkeley Institute, graduated to the position of Year Three Supervisor and culminated her career at the Berkeley in 2003 as Head of [the Mathematics Department]. Ms. Woods -Smith served as the Bermuda Education Strategic Team (BEST) Project Manager and was a member of the Hopkins Review Team led by Professor David Hopkins. She later served as the Chief Operations Officer for the Interim Executive Board of Education and the Board of Education, respectively, and is currently a member of the Board of Governors at the Berkeley Institute. Mr. Speaker, the Working Group’s membership consists of a breadth of academic, technical and practical knowledge and ex perience that is needed to plan and prepare for the work of the History and Legacy Committee. Under the direction of the History and Legacy Committee's Chairperson, the Working Group will accomplish the following: i. develop the terms of reference for the His tory and Legacy Committee; ii. identify the types of professional and community roles and skill sets necessary for the Committee; iii. identify potential work streams and supporting organisational structures and processes for the Committee project —for example, research, data collection, community engagement, communications, et cetera; iv. develop a provisional project plan outlining the milestones; v. make recommendations on the likely duration of the short - to medium- term phases of the History and Legacy Committee project ; vi. make recommendations on the likely required time contribution of the History and Legacy Committee members for the project; and vii. complete and present the terms of reference by March 31, 2022. This two -part process of creating a working group to support the introduction of a committee has worked well before. This approach was taken regard-ing the School Reorganisation [SCORE] Committee and allowed technical and community expertise from outside the Ministry of Education to be utilised to develop the groundwork for the larger body of work to be undertaken. Mr. Speaker, following the development of the terms of reference and the completion of these other responsibilities, some or all of the members of the Working Group will transition into the Committee itself. Therefore, other members of our community will also have opportunities to serve on the History and Legacy
Bermuda House of Assembly Committee once it is formally and fully established in early 2022. This Committee will use the terms of reference as a framework to guide and carry out longer - term work with the ultimate responsibility of document-ing Bermuda’s historical educational history and mak-ing recommendations on the best ways to preserve, honour and commemorate the history and legacy of education in Bermuda. I want to extend thanks to the persons who have made contributions to the development of the History and Legacy Committee. The interest, passion and dedication of those committed to the documentation and celebration of our educational history will help with the necessary changes needed to the public education system and make our understanding of our past educational achievements much richer in the process. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the final Statement this morning is in the name of t he Minister of Labour. Minister, would you like to present your Statement at this time? Hon. Jason Hayward: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. IMMIGRATION REFORM AND PROCESS IMPROVEMENTS Hon. Jason Hayward: Mr. Speaker, I rise before this Honourable House to provide you with an update on the process improvements made within the Department of Immigration [the Department] under immigration reform . I will speak on the following: 1. the process …
Go right ahead.
IMMIGRATION REFORM AND PROCESS IMPROVEMENTS
Hon. Jason Hayward: Mr. Speaker, I rise before this Honourable House to provide you with an update on the process improvements made within the Department of Immigration [the Department] under immigration reform . I will speak on the following: 1. the process improvements made; 2. the automation project already underway; and 3. the vital policy role of the Board of Immigration, moving forward.
Process Improvements
Hon. Jason Hayward: Mr. Speaker, the Department of Immigration is several years into its efforts to reengineer outdated processes and procedures. The Department has executed the following: • In 2019 the Department partnered with international business and KPMG to engage in a lean process improvement exercise that led to a number of recommendations for quick wins to be implemented in the Department. • Some quick wins included the adding of a new multi -purpose copier, scanner and printer; introduction of dual monitors for immigrati on work permit processing teams and the initial review of the work permit application form. • The vetting process was targeted in a pilot and subsequent introduction of the bulk submission and application process, which resulted in thousands of pages of few er documents and savings of hundreds of hours in processing time. Mr. Speaker, these items were executed and further improvements continued in 2020 including the following: (1) Following the first shelter in place of the pandemic in 2020, the Department s hifted to more efficient and cost -effective processes such as receipt of application fees online, issuance of documents via mail and registered mail for sensitive documents; (2) Documenting and revamping of the workflows for all major application types hel ped to identify common challenges and opportunities; (3) Rearrangement of the teams to the new streamlined process within the Department increased resilience within the teams and reduced reliance on any one individual; (4) Cross - training of various teams occurred; (5) the Department revamped its landing page on the government portal to allow customers to more easily obtain vital information, application forms and application fee rates; (6) A new telephone system was introduced within the Department in 2021 to allow individuals to have direct lines and voicemail, and to improve the robustness of the telephone infrastructure.
Automation of Immigration Forms
Hon. Jason Hayward: Mr. Speaker, significant progress was made between 2019 and 2020; however, with a ll of the process improvements made, the pandemic demonstrated to the Department the critical importance of having strong web- based IT systems that would allow the Department work to carry on even if staff were out of office. Unfortunately, the leg-acy syst ems of the Department lacked this core functionality, and with staff out of office for significant peri-ods of time, the gains made through process improvements led to rising frustration as few staff were in the office to produce the work. Consequently, the Department has turned its efforts to aggressively advancing automation. In the Speech from the Throne of November 2021, the Government undertook to digitise the immigration application process. This work originally commenced in November 2020, and in earl y 2021 the Department had selected Microsoft Dynamics as its chosen platform to implement an end- to-end application and processing system. Mr. Speaker, the objective of the automation project is to transition as much as possible away from paper -based proc esses to an end- to-end electronic solution. The scope of the project in this phase includes, but is not limited to, the following: i. electronic submission of applications; ii. electronic payment of application fees via a payment gateway; 178 10 December 2021 Official Hansard Report
Bermuda House of Assembly iii. electronic workflow; iv. electronic vetting and validation; v. automated electronic status updates and limited ability to log -in and obtain status updates; vi. electronic approval by the Minister or Immigration senior leadership; vii. electronic production and distribution of final immigration documents; and viii. the Department’s ability to report on all activity within the system. The digitisation of application processing, workflows and document production is a costly and complex process. The Department is implementing the project in phases to allow it to rapidly develop and launch basic functionality first, and then over time in an iterative manner to release additional functionality. Substantial work is still yet to be undertaken in review-ing other immigration systems and making the ap propriate enhancements. It must be stressed that the functionality in these early phases will be basic and that the Department will release enhancements over time.
Board of Immigration
Hon. Jason Hayward: Mr. Speaker, from 2018 to date the Minister’s role has been unchanged from pri-or periods with respect to making decisions on all [immigration] application types. When the Ministry of Labour was established in June 2020, the practice of the Minister approving or rejecting applications was continued as ha d been done in the past. Prior to 2020, the board’s primary function, as delegated by the Min-ister, had been to review and consider work permit and other application types on behalf of the Minister. For many businesses in Bermuda, the pandemic required them to think and do things differently. I was appointed as the Minister responsible for Immigration at a time when most private sector businesses and the government were struggling to do business. In addition to the workflow, personnel, technology and process changes already underway, the board’s role was reviewed and the role of the Immigration Board was adjusted consistent with the Act to provide policy advice to the Minister. And the necessity to consider work permit applications was transferred from the board to the Minister responsible for Immigration. This approach is in direct alignment with the work already being done on (a) immigration reform; (b) the process reengineering work underway; and (c) readjustments required due to the i mpact of the COVID -19 pandemic. Mr. Speaker, the benefits of such change to the processing of work permits include (1) the ability to meet more frequently and for longer durations of time; (2) the ability to consider all applications without the need to defer them to the next meeting; (3) the direct privilege of the Minister to request additional information and for the request to be probed for clarity; (4) immediate and direct contact with Ber-mudian applicants by the Department based on the Minister’s desire to know applicant s’ experiences during the recruitment process; and (5) decisions are communicated to employers/representatives faster. Mr. Speaker, a prerequisite of the Department’s automation is that Immigration senior technical officers must become fully acclimated w ith presenting applications, making recommendations and interacting directly with the Minister. The re- engineered process has facilitated senior technical officers gaining this experience and skill set. Mr. Speaker, in accordance with the legislation, in 2020, as the Minister responsible for Immigration I engaged the Immigration Board to provide policy comments, advice and recommendations on the review of the 2015 Work Permit Policy and the Government’s Policy Paper for Long Term Residents. Moving forward, the Ministry seeks to better utilise the board by having it focus more on policy formulation and providing advice to the Minister. This is designed to enhance strategic decision -making and oversight on immigration strategic reform priorities.
Conclusion
Hon. Jason Hayward: Mr. Speaker, the Department of Immigration, like many other government departments, is under immense pressure to modernise its services through an increased use of technology. The investment in technology infrastructure and developing human resource capacity to utilise the new technology is critical to the government’s enhancing the delivery of services that will benefit the people of Bermuda, our businesses and guests. A new re -engineered model of operation is required for us to progress past our current state that admittedly is simply not good enough. While some in the community may be reluctant to accept these changes for various reasons, it should be made clear that we cannot continue operating in the same way and achieve results t hat meet our current and future needs. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, this brings us to a close of our Statements for this morning. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. We will now move on. QUESTION PERIOD
The SpeakerThe SpeakerJust for clarification, the written questions that were on the agenda for last week to the Minister of Finance from the Opposition Leader were carried over. But the Minister is prepared to provide the answer to those today. So we are going to start with Bermuda House of Assembly the …
Just for clarification, the written questions that were on the agenda for last week to the Minister of Finance from the Opposition Leader were carried over. But the Minister is prepared to provide the answer to those today. So we are going to start with
Bermuda House of Assembly the written questions from the last [meeting] before we move on to questions from today’s Statements. With that said, Opposition Leader, would you like to put your questions to the Minister of Finance from the last [session]? A nd all three have been indicated for an oral response.
QUESTION 1: COST OF GOVERNMENT CONTRACTS WITH KPMG, PWC, DELOITTE LIMITED AND EY BERMUDA 2020 -2021 Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Thank you, Minister. Will the Honourable Minister please confirm for this Honourable House the total amount paid by the Government individually to KPMG, PwC [PricewaterhouseCoopers], Deloitte and EY [Ernst & Young] Bermuda for the period commencing April 1, 2020 and ending October 31, 2021?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, Ernst and Young total is $4,357,209. The Deloitte is $240,274.90. The PwC, $594,200. And for KPMG, $880,132.22. For a total of $6,071,816.12. Hon. N. H. Cole Simons: Thank you.
The SpeakerThe SpeakerHave you got a supplementary question or — Hon. N. H. Cole Simons: Yes. Supplementary.
The SpeakerThe SpeakerGo ahead. Put your supplementary. SUPPLEMENTARY Hon. N. H. Cole Simons: Minister, with that total of approximately $6 million, is it feasible that the Minister could have in effect set up a department to address special projects, given that we have paid out $6 million? We could have competent people …
Go ahead. Put your supplementary.
SUPPLEMENTARY
Hon. N. H. Cole Simons: Minister, with that total of approximately $6 million, is it feasible that the Minister could have in effect set up a department to address special projects, given that we have paid out $6 million? We could have competent people in a special project area within government that can reduce these expenses.
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Minister, approximately $4.3 million of the $6 million that were spent are related to the Morgan’s Point project and the appointment by the courts of joint provisional liquidators [JPLs] in the name of E&Y. If the courts had directed the Government to set up a …
Minister. Hon. Curtis L. Dickinson: Minister, approximately $4.3 million of the $6 million that were spent are related to the Morgan’s Point project and the appointment by the courts of joint provisional liquidators [JPLs] in the name of E&Y. If the courts had directed the Government to set up a department to do this, I guess the Government would have looked at the propriety of doing that and staffing it appropriately if we had people to do that. The courts appointed an independent body to service provisional liquidators, and more than 60- plus per cent on the amount spent on consultants is related to the court appointment of the JPLs.
The SpeakerThe SpeakerFurther supplementary? Hon. N. H. Cole Simons: No. That is fine.
The SpeakerThe SpeakerOkay. Would you like to move on to your third question? Hon. N. H. Cole Simons: My second question.
The SpeakerThe SpeakerSecond question, rather. Yes. QUESTION 2: COST OF GOVERNMENT CONTRACTS WITH KPMG, PWC, DELOITTE LIMITED AND EY BERMUDA 2020 -2021 Hon. N. H. Cole Simons: Will the Honourable Minister please inform this Honourable House both the pur-pose and terms of engagement for each service agreement by company and by the …
Second question, rather. Yes.
QUESTION 2: COST OF GOVERNMENT CONTRACTS WITH KPMG, PWC, DELOITTE LIMITED AND EY BERMUDA 2020 -2021 Hon. N. H. Cole Simons: Will the Honourable Minister please inform this Honourable House both the pur-pose and terms of engagement for each service agreement by company and by the engaging Ministry?
Hon. Curtis L. Dickinson: Mr. Speaker, let us start with, first is the Cabinet Office. There are four engagements. The fi rst relates to engagement with EY, who provided some work, analysis on the feasibility of at-tracting international companies in order to establish a technology hub in Bermuda. That contract had a value of $70,000. The second contract was one granted to PwC for $276,000. And they were professional services rendered with respect to three projects. First was conducting an economic impact assessment on the oneyear residency certificate policy proffered by the Government, another $25,000 cost. Second was to conduct a feasibility study on the establishment of a medical tourism facility in Bermuda. And the third was to conduct a feasibility study for the establishment of a vertical farming industry in Bermuda. The third contract relates to the IDT [Information and Digital Technologies] Department. Again, the recipient is PwC, $150,000 contract to perform an analysis of the information and architecture of government’s portal, www.gov.bm . And the fourth, final one is professional services, KPMG, related to the post office. That contract had a value of approximately $20,000. The next Ministry is the Ministry of Finance, there were five different contracts, the first with Deloitte for $234,809.90. This is a contract that has been in place for a number of years, and Deloitte pro-vides administration and support services for the Bermuda tax information reporting portal. The second 180 10 December 2021 Official Hansard Report
Bermuda House of Assembly is with EY Bermuda for the $4.287 million related to Morgan’s Point/Caroline Bay. The third is PwC for a series of professional engagements. The first is for valuation of St. George’s Bay that is part of the Caroline Bay project for the purposes of determining a carrying value on the government’s financial statements in support of the request by the Auditor General. Second is the phase 1 development of an economic and cash flow model for the Government of Bermuda related to the development of the Nat ional Economic Recovery Plan. The third was to do some work around the unemployment benefit application internal audit report where they were assessing and reviewing the protocols in place for the unemployment benefit programme. All told, that was for $96,500. The fourth one is for $7,490, which is provision for secondment services to the Office of the Tax Commissioner in connection with the update of the payroll tax calculator Excel tool for fiscal 2021/22. This is an a nnual assignment inasmuch as there were changes to the payroll tax calculations. And the work that is done is usually to validate the calculator that is used by lawyers to calculate taxes due the government are up to date and accurate. And then the final one, the fifth one, [relates] to the Registrar of Companies [ROC], KPMG as the recipients, $224,943.60, for a variety of engagements, three in particular. First, implementation of the Economic Substance Act; second, ROC fee structure review; the third, ROC fee structure review, phase 2. The next Ministry is the Ministry of Health, KPMG the recipient, the amount of the contract $131,250, professional services rendered for a uni-versal health coverage roadmap. The next Ministry is the Ministry of National Security. Bermuda Police Service is the department, and the firm being Deloitte, a contract value of $5,465, professional services rendered in connection with a large tax investigation. Final would be a non- ministry/department, the Office of the Auditor Gene ral, two contracts, the first with KPMG, value of $496,437.22, professional ser-vices rendered in connection with various outsourced public authority audits. These would include the Bermuda Monetary Authority for 2019/20, the Bermuda Hospitals Board for 2018/19, Bermuda College for 2021, Office of the Auditor General for 2018, and one public sector accounting standards course. The other piece of work was with PwC for $71,000, professional services rendered in connection with various outsourced quango audit s. This related to audits for the Bermuda Shipping and Maritime Authority for the years 2019/20. Hon. N. H. Cole Simons: Thank you.
The SpeakerThe SpeakerSupplementary? Hon. N. H. Cole Simons: Yes, supplementary.
The SpeakerThe SpeakerGo ahead. SUPPLEMENTARIES Hon. N . H. Cole Simons: Can the Minister confirm the details of the tendering process for these engagements?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, I do not have that information at hand. I would have to assume that these engagements go through the normal procurement process unless a waiver is granted by the Cabi-net.
The SpeakerThe SpeakerSupplementary, or are you okay? Hon. N. H. Cole Simons: Supplementary. I would like to have an undertaking that [ INAUDIBLE] — [Crosstalk]
The SpeakerThe SpeakerSecond supplemental. Go ahead. Hon. N. H. Cole Simons: —information back to the House, please. Because to me it is —
The SpeakerThe SpeakerRequest to have that information brought back? Hon. N. H. Cole Simons: Yes, please. Hon. Curtis L. Dickinson: Mr. Speaker, if it is appropriate for me to share that information, we will then bring it back to the House of Assembly.
The SpeakerThe SpeakerOkay. The Minister has taken an undertaking depending on whether it is appropriate to be heard publicly here, [and if so] it will be shared. Hon. N. H. Cole Simons: Yes, Mr. Speaker. Because I think it is important that, because of the scale of these engagements, Bermudians who are …
Okay. The Minister has taken an undertaking depending on whether it is appropriate to be heard publicly here, [and if so] it will be shared. Hon. N. H. Cole Simons: Yes, Mr. Speaker. Because I think it is important that, because of the scale of these engagements, Bermudians who are professionals in this field, I want to show that they have had an opportunity to bid on these ini tiatives.
The SpeakerThe SpeakerNo problem. No problem. Hon. N. H. Cole Simons: That is it for me.
The SpeakerThe SpeakerThat is it for your second question. Would you like to do your third question? Hon. N. H. Cole Simons: I will do my third question. Bermuda House of Assembly The Speaker: Go right ahead. QUESTION 3: COST OF GOVERNMENT CONTRACTS WITH KPMG, PWC, DELOITTE LIMITED AND EY BERMUDA 2020 …
That is it for your second question. Would you like to do your third question?
Hon. N. H. Cole Simons: I will do my third question.
Bermuda House of Assembly The Speaker: Go right ahead.
QUESTION 3: COST OF GOVERNMENT CONTRACTS WITH KPMG, PWC, DELOITTE LIMITED AND EY BERMUDA 2020 -2021
Hon. N. H. Cole Simons: Will the Honourable Minister please summarise for this Honourable House the details of the completed engagement by company and ministry for the said period, along with the engagements yet to be completed by company and ministry?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, with respect to co mpleted work by ministry and firm, they are as follows: • Cabinet Office, vendor being EY, project being the technology hub— EY has submitted their final report for review by a subcommittee. The review is due to take place …
Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, with respect to co mpleted work by ministry and firm, they are as follows: • Cabinet Office, vendor being EY, project being the technology hub— EY has submitted their final report for review by a subcommittee. The review is due to take place in the coming weeks. • With respect to PwC, there were four projects—one- year residency certificate, medical tourism initiative, vertical farming initiative and the analysis of the gov.bm portal. PwC has submitted their reports, and their contents are being considered by stakeholders for next steps. With respect to the one- year residency certificate (PwC), medical tourism, vertical farming, reports have been submitted. Data are being analysed by stakeholders and the process is ongoing. And with respect to the gov.bm portal, the work has been completed, and a roadmap has been developed for IDT to implement its recomme ndations. • With respect to the Ministry of Finance, PwC, St. George’s Bay accounting and valuation review, the provision of an accounting and valuation for the Caroline Bay project in connection with Consolidated Fund audit, that work has been completed, and is reflected on the government’s balance sheet for the whop-ping guarantees the government had to honour. Now they are recognised on our balance sheet for the grand total of one dollar. Phase 1 of budget and economic cash flow models, that project has been completed as per the agreement. And the third project, the unemployment benefit application internal audit, PwC reviewed the unemployment benefit information technology controls and made recommendations for enhancement. • With respect to KPMG, the update on the payroll tax calculator, the update was completed. The payroll tax calculators are in use. • Implementation of the Economic Substance Act, KPMG built the questionnaire framework which supported the build of the economic substance declaration system whic h is currently in use. In the ROC fee structure review, the revenue engagement is complete and provides the basis for the implementation of the corporate regulatory fee upon completion of appropriate public consultation. • With respect to Health, the KPMG pr oject, universal health care and coverage roadmap, the deliverables which informed the high- level three- year roadmap have been completed. With respect to ongoing works by Ministry and firm, they are as follows: • For the Cabinet Office, PwC has two projects , one being Bermuda 2030 initiative. The en-gagement pertains to an analysis of Bermuda’s becoming compliant with the United Nations 17 sustainable goals by 2030. This work is not yet complete, with an expected completion date early 2022. • The second is for the arbitration centre. The engagement pertains to research to validate the business need for an international arbitration and dispute resolution centre in Bermuda. Work is not yet complete, with an expected completion date in early 2022. • The Ministry of F inance, EY, relating to the Caroline Bay and their appointment as joint provisional liquidators, they will continue their work until the court decides that the work needs to stop. • Deloitte, the tax information portal for the Treaty Unit in the Ministry of Finance, they provide ongoing administration and support services for Bermuda’s tax information and reporting portal. • In the non- ministry departments, KPMG and audits of public authorities. Audits are both completed and ongoing for various public authoriti es there, the Office of the Auditor General.
The SpeakerThe SpeakerThank you. Supplementary? Hon. N. H. Cole Simons: Yes. I do have a supplementary.
The SpeakerThe SpeakerPut your supplementary. SUPPLEMENTARY Hon. N. H. Cole Simons: For those projects that have been completed, can the Minister give us a total of the value of the final invoices for such services completed for KPMG, PwC and EY? Hon. Curtis L. Dickinson: Mr. Speaker, I have provided the Opposition …
Put your supplementary.
SUPPLEMENTARY Hon. N. H. Cole Simons: For those projects that have been completed, can the Minister give us a total of the value of the final invoices for such services completed for KPMG, PwC and EY? Hon. Curtis L. Dickinson: Mr. Speaker, I have provided the Opposition Leader with the indiv idual pro182 10 December 2021 Official Hansard Report
Bermuda House of Assembly jects and detail and the costing for such. I think he has within his gift now the information required to perform a sum exercise. Hon. N. H. Cole Simons: I take that. I will accept that.
The SpeakerThe SpeakerYou accept that? Hon. N. H. Cole Simons: Yes.
The SpeakerThe SpeakerOkay. Further supplementary? Hon. N. H. Cole Simons: No, that is it, Mr. Speaker.
The SpeakerThe SpeakerOkay. Thank you. Members, that brings us to a close of the written questions. We will now move on to the questions from this morning’s Statements. The first question this morning is for the Statement by the Minister of Finance in regard to the report on the travel to the …
Okay. Thank you. Members, that brings us to a close of the written questions. We will now move on to the questions from this morning’s Statements. The first question this morning is for the Statement by the Minister of Finance in regard to the report on the travel to the UK, Belgium and the US. Minister of Finance, that question is from the Opposition Leader. Opposition Leader, would you like to put your question?
QUESTION 1: REPORT ON TRAVEL TO THE UK, BELGIUM AND USA
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. On page 2, the Minister indicated, “It was therefore agreed that the UK will work alongside Territory Governments to appropriately explore opportunities for infrastructure development, and assistance . . . ,” et cetera. When will this project actually start, what resources will be required from Bermuda, and who will lead the project?
The SpeakerThe SpeakerMinister . Hon. Curtis L. Dickinson: Mr. Speaker, I am barely back from the UK and I think that the standing- up of the work on this initiative has not yet commenced. So I cannot provide an answer at this point as to who is going to work on it …
Minister .
Hon. Curtis L. Dickinson: Mr. Speaker, I am barely back from the UK and I think that the standing- up of the work on this initiative has not yet commenced. So I cannot provide an answer at this point as to who is going to work on it and when until we get a sense of the scope of the project and what the UK has in mind with respect to this initiative.
Hon. N. H. Cole Simons: Okay. I will accept that.
The SpeakerThe SpeakerSupplementary? Or a new question? Hon. N. H. Cole Simons: My second question.
The SpeakerThe SpeakerSecond question. Go right ahead. QUESTION 2: REPORT ON TRAVEL TO THE UK, BELGIUM AND USA Hon. N. H. Cole Simons: The Minister met with senior officials of the European Commission and the European Council. Can the Minister provide details on his discussio ns around the topic of the OECD …
Second question. Go right ahead.
QUESTION 2: REPORT ON TRAVEL TO THE UK, BELGIUM AND USA Hon. N. H. Cole Simons: The Minister met with senior officials of the European Commission and the European Council. Can the Minister provide details on his discussio ns around the topic of the OECD tax harmonisation and the BEPS initiatives and how they are impacting Bermuda?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, I shared with the EU officials Bermuda’s position. And the sentiment that I conveyed was not dissimilar to a public statement or the submissions that I have made to the OECD during the process of the OECD’s developing the framework that it is …
Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I shared with the EU officials Bermuda’s position. And the sentiment that I conveyed was not dissimilar to a public statement or the submissions that I have made to the OECD during the process of the OECD’s developing the framework that it is going to be introducing around global minimum tax. I would say that that work is still ongoing. I think they have missed a number of dead-lines, and I think the deadline of November 30 has now been revised to some point late in January. What I did convey is Bermuda’s desire to do as we have always done —to be compliant in these global initiatives an d to work with the EU and the OECD to ensure that we are doing so in terms of the implementation appropriately. We expressed concerns about unintended consequences and potential impact. And I thought it was particularly important that my submissions would also be read, but also [that I should] articulate the content of my submissions in my face- to-face interactions with officials. So, we spoke about the Bermuda insurance market. We spoke about the potential impact of this initiative. And our concerns were d uly heard.
Hon. N. H. Cole Simons: Supplemental.
The SpeakerThe SpeakerYes, supplemental. SUPPLEMENTARY Hon. N. H. Cole Simons: On the issue of discussions with the EU Commission and Council, the Minister indicated that he met with Ms. Petkova of the EU [Code of] Conduct Group. My question to the Minister is, What action points, if any, were there as a …
Yes, supplemental.
SUPPLEMENTARY
Hon. N. H. Cole Simons: On the issue of discussions with the EU Commission and Council, the Minister indicated that he met with Ms. Petkova of the EU [Code of] Conduct Group. My question to the Minister is, What action points, if any, were there as a result of that meeting that will provide us with further support as a cooperative jurisdiction under the EU Code of Conduct initiative?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, I am sorry. There was a lot to that. And I would have welcomed the Opposition Leader ’s providing a repeat of the question, please.
The SpeakerThe SpeakerOpposition Leader, could you just repeat it for the Minister? Bermuda House of Assembly Hon. N. H. Cole Simons: Okay. So you have met with Ms. Petkova. And you had discussions on the Council of the European Union and the Code of Conduct. And as a cooperative jurisdiction for tax …
Opposition Leader, could you just repeat it for the Minister?
Bermuda House of Assembly Hon. N. H. Cole Simons: Okay. So you have met with Ms. Petkova. And you had discussions on the Council of the European Union and the Code of Conduct. And as a cooperative jurisdiction for tax purpos-es, were there any action points that arose from that meeting to support our position as a cooperative jurisdiction in regard to tax purposes under the EU list?
Hon. Curtis L. Dickinson: Well, Mr. Speaker, Honourable Members will know that Bermuda is currently on the whitelist as it relates to our economic sub-stance regime. And that regime is consistently assessed by both the EU and the OECD. We continue to highlight to Madam Petkova that th e objective of the economic substance regime, among other things, is to ensure that there is a level playing field among jurisdictions. And inasmuch as there are opportunities for us to point out that the Bermuda standard is higher than the global standard, [then] there should be an opportunity for the Code Group to make amendments to either lower the standard for us or to raise it for eve-rybody else. We happen to enjoy a very positive and constructive relationship with the Code Group. Technical officers i n the ROC and other parts of government are in regular contact with technical officers at the Code Group. And I have met with Madam Petkova I think at least two or three times in the past, including this most recent trip. So, we enjoy a good relationship, and I think if anything we took away from the meeting is for us to keep doing more of the same that we are doing in terms of our compliance with the regime. Hon. N. H. Cole Simons: Thank you.
The SpeakerThe SpeakerSupplementary? [No audible response]
The SpeakerThe SpeakerI missed that, Opposition Leader. Supplementary or further question? Hon. N. H. Cole Simons: No. I am done, thank you.
The SpeakerThe SpeakerOkay. Minister, the Opposition Leader was the only Member who had questions for you on that Statement. However, we will move on to your next Statement. And on the next Statement, again, Opposition Leader, would you like to put your question to the Min-ister regarding the second Statement? QUESTION 1: …
Okay. Minister, the Opposition Leader was the only Member who had questions for you on that Statement. However, we will move on to your next Statement. And on the next Statement, again, Opposition Leader, would you like to put your question to the Min-ister regarding the second Statement?
QUESTION 1: REVISED BUDGET FOR THE FINANCIAL YEAR 2021/22 Hon. N. H . Cole Simons: Thank you very much. On page 3 of his Statement, he spoke to the current account expenditures excluding the debt service. My question to you is, In regard to the debt ser-vice and mitigating its increase, can the Minister confirm whether it is his intention to refinance any debt this year given the expected hike in interest rates in the market? So my question: Is he going to refinance so that we as a country can capitalise on the low in-terest rates before they appear to increase in the near future?
Hon. Curtis L. Dickinson: Mr. Speaker, I am uncertain that the Opposition Leader, when he said “this year,” is referring to this year —
Hon. N. H. Cole Simons: The fiscal year.
Hon. Curtis L. Dickinson: —so if it is this year, 2021, the answer is emphatically no. Hon. N. H. Cole Simons: Fiscal year, fiscal year.
Hon. Curtis L. Dickinson: In terms of fiscal year, the Ministry of Finance has started engaging our invest-ment banking partners in a discussion on strategies around the impending maturity of at least four tranches of debt. We have debt maturing in December of 2022, January or February of 2023, November of 2023 and I think January or February of 2024. So we have started having preliminary conversations with a keen eye on interest rates. And those discussions are in the early stage and we will have them in earnest at the turn of the new year. So, we are certainly keeping a keen eye on where rates are. But I think it is really important to probably advise the House and people of Bermuda, in my preliminary conversations what I have been advised by our banking partners in this space is that our bonds continue to trade very well. And the spreads often on those bonds —the spreads in this case being the difference between the rate of the government’s bond in what they yield and the appropriate Treasury security—have continued to narrow. And the rationale being suggested by our investment banks is that they are a reflection of the government strategy with respect to managing the economy and its fiscal positions.
Hon. N. H. Cole Simons: Thank you very much for that answer.
The SpeakerThe SpeakerSupplementary? Hon. N. H. Cole Simons: The second question.
The SpeakerThe SpeakerSecond question. Go right ahead. QUESTION 2: REVISED BUDGET FOR THE FINANCIAL YEAR 2021/22 Hon. N. H. Cole Simons: On page 4, [the Honourable Minister] is talking about the additional expenditure for the Financial Assistance. Can the Minister provide the 184 10 December 2021 Official Hansard Report Bermuda House of …
Second question. Go right ahead.
QUESTION 2: REVISED BUDGET FOR THE FINANCIAL YEAR 2021/22
Hon. N. H. Cole Simons: On page 4, [the Honourable Minister] is talking about the additional expenditure for the Financial Assistance. Can the Minister provide the 184 10 December 2021 Official Hansard Report
Bermuda House of Assembly total allotment for Financial Assistance to date, from March 31, 2021? Hon. Curtis L. Dickinson: Mr. Speaker, I do not have that number in front of me, but I certainly can revert with that figure.
The SpeakerThe SpeakerThank you. Hon. N. H. Cole Simons: Those are all of my questions on this [Statement], Mr. Speaker.
The SpeakerThe SpeakerThank you, Opposition Leader. Minister, you have a further Member who would like to ask a question in regard to that Statement this morning. That is MP Pearman. MP Pearman, would you like to put your question? QUESTION 1: REVISED BUDGET FOR THE FINANCIAL YEAR 2021/2 2
Mr. Scott PearmanThank you, Mr. Speaker. Thank you, Minister. My first question also arises in relation to the same paragraph that the Honourable Opposition Leader took you to at page 3 of your Statement wherein you discuss the Current Account increase in expenses of [approximately] $60 million. And you noted that it …
Thank you, Mr. Speaker. Thank you, Minister. My first question also arises in relation to the same paragraph that the Honourable Opposition Leader took you to at page 3 of your Statement wherein you discuss the Current Account increase in expenses of [approximately] $60 million. And you noted that it excluded debt service. Are you able to give this Honourable House a figure as to what the debt service will be on an annualised basis? If you do not have the precise figure, can you give us an estimated figure, ballpark figure? Thank you. Hon. Curtis L. Dickinson: The projected debt service number is $127.5 million. (It is etched in my brain.)
Mr. Scott PearmanThank you. Thank you. Etched –– tattooed on your arm, Minister, perhaps. Thank you, Mr. Speaker. No supplementary. I do have a second question.
The SpeakerThe SpeakerPut your second question. QUESTION 2: REVISED BUDGET FOR THE FINANCIAL YEAR 2021/22
Mr. Scott PearmanThank you. Honourable Minister, at page 5 of your Statement where you are dealing with current expenditure savings in the second paragraph you state that “cur-rent expenditure savings have already been identified . . . in the amount of approximately $13 million . . . .” In view of the …
Thank you. Honourable Minister, at page 5 of your Statement where you are dealing with current expenditure savings in the second paragraph you state that “cur-rent expenditure savings have already been identified . . . in the amount of approximately $13 million . . . .” In view of the [approximately] $60 million inc rease in current expenditure, is the $13 million already identified as totality of the savings you would wish to see? Or will you see that $13 million in savings go up further, do you think? Hon. Curtis L. Dickinson: Mr. Speaker, I have indicated in my Statement that I see the gap being closed by two or three different items. One is the incremental revenue, others being reductions in Current Account expenditure and capital expenditure. So, in totality the increase in revenue coupled with the reductions in Current Account expenditure and capital expenditure could be enough to get us to the place where we meet our deficit target.
The SpeakerThe SpeakerPut your supplementary. SUPPLEMENTARIES
Mr. Scott PearmanThank you. Minister, you have seen the current expenditure savings of $13 million and the capital expenditure savings closing the gap. Does that mean that there will not be any further savings above and beyond the $13 million of current expenditure savings? Hon. Curtis L. Dickinson: It does not. What …
Thank you. Minister, you have seen the current expenditure savings of $13 million and the capital expenditure savings closing the gap. Does that mean that there will not be any further savings above and beyond the $13 million of current expenditure savings?
Hon. Curtis L. Dickinson: It does not. What we have done so far is we have identified savings at this point in time with a clear guidance to public officers that the opportunity to identify savings continues until we get through the fiscal year. As a general matter, I think that we should always be looking for ways to sharpen our pencil and do things better. And inasmuch as there are great opportunities for savings, then we should maximise it.
Mr. Scott PearmanThank you. Honourable Minister, where you explain the current expenditure savings that we have just been discussing, you say the majority of these savings are due to vacant positions throughout the gov ernment which have yet to be recruited. Is that to be understood as a hiring freeze or just …
Thank you. Honourable Minister, where you explain the current expenditure savings that we have just been discussing, you say the majority of these savings are due to vacant positions throughout the gov ernment which have yet to be recruited. Is that to be understood as a hiring freeze or just a nudge?
Hon. Curtis L. Dickinson: A hiring freeze . . . I am sorry; I missed the last piece.
Mr. Scott PearmanIs it a hiring freeze as a positive mandate that they are not going to recruit into vacant positions? Or is it just encouragement on your part?
The SpeakerThe SpeakerDid you get that? Bermuda House of Assembly Hon. Curtis L. Dickinson: I did get it . . .
Mr. Scott PearmanI am sorry. I will put it again. Hon. Curtis L. Dickinson: No, I got it. It is a hiring freeze.
Mr. Scott PearmanThank you. Thank you, Honourable Minister. Thank you, Mr. Speaker.
The SpeakerThe SpeakerOkay. Thank you, MP Pearman. Minister of Finance, there are no further [questions] for you this morning. The next is the Minister of [Transport]. Actually, I overlooked one of the MPs who had a question for the Premier. I will put that one question and then come back to Transport. …
Okay. Thank you, MP Pearman. Minister of Finance, there are no further [questions] for you this morning. The next is the Minister of [Transport]. Actually, I overlooked one of the MPs who had a question for the Premier. I will put that one question and then come back to Transport. MP Caesar. Yes, MP Caesar, did you still want to put your question to the Premier? [No audible response]
The SpeakerThe SpeakerWe will move on then. If she comes back, we will have to come back here. Minister of Transport, you have a question this morning as well from MP Jackson. MP Jackson, would yo u like to put your question? QUESTION 1: ELECTRIC BUSES UPDATE
Ms. Susan E. JacksonYes. Good morning, Mr. Speaker, and good morning, Minister. My question is referring to the third paragraph from the bottom. The first sentence says, “The initial RFP for the new electric buses envisioned transition-ing the entire bus fleet to electric over 10 years.” So my question to the Minister is, …
Yes. Good morning, Mr. Speaker, and good morning, Minister. My question is referring to the third paragraph from the bottom. The first sentence says, “The initial RFP for the new electric buses envisioned transition-ing the entire bus fleet to electric over 10 years.” So my question to the Minister is, Does this mean that we are in a 10- year contract with Golden Dragon for the entire fleet?
The SpeakerThe SpeakerMinister. Hon. W. Lawrence Scott: Thank you for that question. No, that does not mean we are in a 10- year contract. What we are in, this is no different than pur-chasing a car, like the average person purchasing a car. Your contract is with the dealer until y ou …
Minister. Hon. W. Lawrence Scott: Thank you for that question. No, that does not mean we are in a 10- year contract. What we are in, this is no different than pur-chasing a car, like the average person purchasing a car. Your contract is with the dealer until y ou drive it off of the lot, and then after you drive it off of the lot you rely on the warranty. So this is for the purchase of these 30 buses, and then any future purchases, even if it is with Golden Dragon, will be a separate contract.
The SpeakerThe SpeakerOkay. No further questions. Minister, that was the only question that were indicated for you at this time. The next Statement that has questions would be for the Minister of Education. Minister of Education, MP Jackson would like to put a question to you as well. MP Jackson.
Ms. Susan E. JacksonThank you, and good morning, Minister. Hon. Diallo V. S. Rabain: Good morning. QUESTION 1: HISTORY AND LEGACY COMMITTEE
Ms. Susan E. JacksonFirst I would like to say that this is a welcome concept to pull together this committee, the Working Group and then the committee. So it is definitely a positive move. But I just have a question around what you envisage the outcomes from the Working Group to be. And …
First I would like to say that this is a welcome concept to pull together this committee, the Working Group and then the committee. So it is definitely a positive move. But I just have a question around what you envisage the outcomes from the Working Group to be. And of course, I am referring to the Historical and Legacy Committee.
Hon. Diallo V. S. Rabain: Okay. Part of this was, one of the rationales behind this was it was identified —as I articulated in the Statement, it was identified that when talking about schools in Bermuda, lots of persons came out and were talking about the historical narrative and t hings that they had lived through and things that people had collected over the years. And what we recognise is there has not been any concentrated effort to document this in such a way that anyone who wanted to know what the historical legacy of education in Bermuda and how it came to be the way it is––it is virtually non -existent. And I used the simple analogy in a lot of my meetings and said, You know, this is good information we are hearing about a particular building and some of the nuances that persons would not know. But if a student wanted to do a report on a school, where are they going to get that information outside of their knowing someon e who just happens to know it? So part of this is not only to document the history, but how can we display it? How can it become a part of our curriculum; how can we preserve and present it in such a way that people for generations can see this is what hap pened—that this is how it happened; this is why it happened; here are the persons who contribut-ed to it; here are some of the factors of why it went the way it went and why it did not go the way it went , and be able to do their own personal research? Some of the things that came out of our conversations with the general public are things like monuments within parishes, renaming of schools, renaming of school rooms for famous educators, creating an actual location where persons can go and track the 186 10 December 2021 Official Hansard Report
Bermuda House of Assembly history of education in Bermuda. We are talking about nearly a 160- year legacy that has barely scratched the surface. And so, what we end up with is a lot of anecdotal conversations around schooling in Bermuda, and why things are done the way they are done, and why buildings were erected the way they were erected, and why educators went one way versus another way—without any actual documented history on that. So, because this is a project, because this was something that came up during the reform that we are doing now, but I also realised that for my own edification growing up —you hear people talking about Howard Academy. I do not know anything about it. I come from the Devils Hole area. You hear people talk about Talbot School, Powell’s . There have been lots of different things that have led to where we are in education now. And it does need its proper place in our society for persons to have an opportunity to go and look. And so putting together this committee —
Ms. Susan E. JacksonOh, there you are. You are back. Hon. Diallo V. S. Rabain: Okay. So putting together this committee is a way of documenting that history. And why we chose the Working Group was, where do we start? How do we put together a framework of collecting it? What is the …
Oh, there you are. You are back. Hon. Diallo V. S. Rabain: Okay. So putting together this committee is a way of documenting that history. And why we chose the Working Group was, where do we start? How do we put together a framework of collecting it? What is the best way to collect, what is the best way to display, what is the way to preserve? So that is the purpose of the Working Group. And once they finish their work, the committee itself will then look at, how do we action those items and put them forward?
The SpeakerThe SpeakerYes. Go ahead. SUPPLEMENTARY
Ms. Susan E. JacksonI know that this is just the beginning of what I hope will become a great nati onal contribution. But whether we are looking at statues, websites, museums, whatever comes out of the Work-ing Group, first, I am wondering whether we are looking at any kind of budget around what …
I know that this is just the beginning of what I hope will become a great nati onal contribution. But whether we are looking at statues, websites, museums, whatever comes out of the Work-ing Group, first, I am wondering whether we are looking at any kind of budget around what to give as the scope or guidelines for the committee from a budgetary perspective? And also, I am just curious, if we are going to have committee members who are engaging at that level of depth whether there is going to be remuneration involved? And what kind of guidelines we would put around that, or whether thi s will be a committee of all volunteers?
Hon. Diallo V. S. Rabain: Thank you. And that is a very, very good question. The Working Group, we have looked within our existing budget and have found some funding for a level of remuneration. Personally, I do no t think the amount that we have found is representative of the expertise that they are bring-ing. But because they recognise that this is such an important thing that needs to be moved forward, I suspect that a lot of their time will be considered volunteer time in this instance. Going past the Working Group stage, which we anticipate, as I said, leads up to the end of March and going into the next fiscal year, we are looking to look more proactively within the confines of our budg-et and set aside funding t o do the necessary work of the committee. However, part of the Working Group’s mandate is to talk about things like that. What sort of costs will some of this stuff incur? We do not anticipate this being just a one- off thing. This is something that we, the Ministry, are looking at adding it into our programming as an ongoing process. So this is something that initially there will be a huge amount of data collection up front, but once that is done as we move forward over the years, it is just a matter of collating those data and putting it out there.
The SpeakerThe SpeakerThank you. Further supplementary or another question?
The SpeakerThe SpeakerThank you. Hon. Diallo V. S. Rabain: Thank you, MP Jackson.
The SpeakerThe SpeakerThank you, Minister. Thank you, MP. MP Caesar, would you like to put your question to the Premier at this point? [No audible response]
The SpeakerThe SpeakerOkay. Minister of Labour, there is a question for you in regard to your Statement this morning. And that is from the Opposition Whip. Opposition Whip, would you like to put your question to the Minister at this point? QUESTION 1: IMMIGRATION REFORM AND PROCESS IMPROVEMENTS
Mr. Jarion RichardsonYes. Thank you, Mr. Speaker. Thank you, Honourable Minister. Good morning to my colleagues. Bermuda House of Assembly With respect to the matter raised by the Honourable Minister in his Statement on page 3, about the middle paragraph, where it says that “the Department had select ed Microsoft Dynamics as …
Yes. Thank you, Mr. Speaker. Thank you, Honourable Minister. Good morning to my colleagues.
Bermuda House of Assembly With respect to the matter raised by the Honourable Minister in his Statement on page 3, about the middle paragraph, where it says that “the Department had select ed Microsoft Dynamics as its chosen platform to implement an end- to-end application and processing system” to improve the immigration processing in Bermuda. Would the Honourable Minister please clarify who is going to be doing the work of actually designing the Microsoft Dynamics system that requires some significant customisation? Who has been contracted to undertake that work?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: I know that IDT has been working with the Department of Immigration officers and the vendors for the Microsoft Dynamics system. Is the question, Who is the vendor responsible?
Mr. Jarion RichardsonYes, Mr. Speaker. So my question was, Who would be undertaking the work? And I may have presumed it was a consultant. But the question is very much Who? So if it is IDT, then that is sufficient for my question, Mr. Speaker. Hon. Jason Hayward: And so for all …
Yes, Mr. Speaker. So my question was, Who would be undertaking the work? And I may have presumed it was a consultant. But the question is very much Who? So if it is IDT, then that is sufficient for my question, Mr. Speaker.
Hon. Jason Hayward: And so for all of the Immigration digitisation and a utomation improvement work, IDT is the actual lead on the project.
The SpeakerThe SpeakerAre you satisfied with that?
The SpeakerThe SpeakerYes. Put your supplementary. SUPPLEMENTARY
Mr. Jarion RichardsonWhat is the anticipated cost for that work at this point? Hon. Jason Hayward: That is somewhat of a difficult question to answer, Mr. Speaker. The total budget cost . . . as you would know, we are going to do these processes in phases. There are a number of …
What is the anticipated cost for that work at this point?
Hon. Jason Hayward: That is somewhat of a difficult question to answer, Mr. Speaker. The total budget cost . . . as you would know, we are going to do these processes in phases. There are a number of appl ications that we are coordinating, and Government has its own resources that can assist us with the automation of application types. In terms of having all of the systems harmonised so that they all can interact with one another, that is a more technical answer that needs to be provided. So, I will endeavour to get that information and provide it to the Honourable Member.
The SpeakerThe SpeakerThank you. Opposition Whip, are you comfortable with the response? The Minister indicated that he would have to get that information for you.
Mr. Jarion RichardsonI am, Mr. Speaker. Second question for the Honourable Minister.
The SpeakerThe SpeakerYes. Put your second question. QUESTION 2: IMMIGRATION REFORM AND PROCESS IMPROVEMENTS
Mr. Jarion RichardsonWould the Honourable Minister be able to inform us what are the broad phases and timings he is anticipating for the project? Hon. Jason Hayward: Mr. Speaker, the automation of the majority of our application forms is slated for early January 2022. So, we want the majority of our application …
Would the Honourable Minister be able to inform us what are the broad phases and timings he is anticipating for the project? Hon. Jason Hayward: Mr. Speaker, the automation of the majority of our application forms is slated for early January 2022. So, we want the majority of our application forms available online in January of next year. In terms of the end- to-end processing, that is going to take a little bit more time. We are aiming for the next fiscal year for our end- to-end processing of the majority of application types.
The SpeakerThe SpeakerThird question, yes. QUESTION 3: IMMIGRATION REFORM AND PROCESS IMPROVEMENTS
Mr. Jarion RichardsonGiven that the automation should reduce time on task, [as] one of the outcomes of the automation is to reduce time on task, how will the Minister’s individually and personally reviewing every application make that process better? Will it not confuse the process , slow the process down? Hon. Jason …
Given that the automation should reduce time on task, [as] one of the outcomes of the automation is to reduce time on task, how will the Minister’s individually and personally reviewing every application make that process better? Will it not confuse the process , slow the process down? Hon. Jason Hayward: No. What we have to say is when we go into an automated process, the majority of the work is vetting and validating. That is undertaken by the department. Once you have automated processes, what you can do is process [work] on a more timely basis. Right now, with the paper -based process an officer or the Minister, or previously the board, would have a specific time period in which they would consider all applications. When you go to an automated process, you ca n process [them] on a daily basis as there is no need to transfer files. One would just have to log into the system and process or approve application types. For the majority of the applications which may be . . . such as passports, which is the highest volume 188 10 December 2021 Official Hansard Report
Bermuda House of Assembly of the applications we receive outside of work permits that do not require the Minister’s approval. So some of the process requires administrative approval , others require approval from the Minister. So the Minister does not process 100 per cent of the applications received by the Department.
The SpeakerThe SpeakerYes. Put your supplementary. SUPPLEMENTARY
Mr. Jarion RichardsonYes. Thank you, Honourable Minister. So to be clear, we are not anticipating a bot-tleneck of work permit applications with the Minister individually reviewing them? Is that correct? Hon. Jason Hayward: Certainly not. What we want to do is, we have identi fied that there is a problem with the …
Yes. Thank you, Honourable Minister. So to be clear, we are not anticipating a bot-tleneck of work permit applications with the Minister individually reviewing them? Is that correct?
Hon. Jason Hayward: Certainly not. What we want to do is, we have identi fied that there is a problem with the way in which we are processing now. Number one, we need proper IT systems; but number two, if we fail to have the appropriate human resources, that creates a bottleneck. So, if we remove the level of human resource required to process application types —and a lot of that quality assurance, vetting and validation are done electronically —certainly we would have data turnaround times across the board for application types, in particular work permits.
Mr. Jarion RichardsonThank you, Mr. Speaker. Thank you, Honourable Minister. I have no further questions.
The SpeakerThe SpeakerThank you. Minister, that is the only Member who had questi ons for you this morning. Hon. Jason Hayward: Mr. Speaker.
The SpeakerThe SpeakerSupplementary someone had in reference to the Minister of Labour? Hon. Jason Hayward: I actually have an answer to a question that was previously asked.
The SpeakerThe SpeakerOh, oh, sorry. I missed your voice. Sorry about that, Minister. [Laughter]
The SpeakerThe SpeakerGo ahead. Put your answer. Hon. Jason Hayward: To assist this IDT we did have a business analyst, who was Maurice Salkey, who assisted with the automation and digitisation process and the re engineering process. The original capital budget for the project was $80,000. The revised budget is yet to …
Go ahead. Put your answer. Hon. Jason Hayward: To assist this IDT we did have a business analyst, who was Maurice Salkey, who assisted with the automation and digitisation process and the re engineering process. The original capital budget for the project was $80,000. The revised budget is yet to be determined for the next fiscal period. But it is assumed that that will increase, and we will revert back with that figure when we present the budget for the 2022/23 fiscal period, Mr. Speaker.
The SpeakerThe SpeakerOpposition Whip, are you fine with that?
Mr. Jari on RichardsonYes. I thank the Honourable Minister for the clarification and the information. No supplemental comments now. Thank you.
The SpeakerThe SpeakerThank you. Okay. For the Premier, the question the Premier had–– MP Caesar? [No audible response] The S peaker: MP Swan. You also indicated you had a question. Put your question.
The SpeakerThe SpeakerNo. No Premier’s Ques tions today. So if it is not in reference to the Statement, we can move on. Thank you. MP Famous, you have indicated to me that you had a question as well? [No audible response]
The SpeakerThe SpeakerI think he was confused, and that Members thought there were Premier’s Questions. No, there are no Premier’s Questions. And we will just bring this to a close. Members, that brings us to a close of the Question Period for this morning.
Mr. Hubert (Kim) E. SwanYes, Mr. Speaker. And so my question was to the Premier, but — Bermuda House of Assembly The Speaker: Well, everybody is moving slow. I have asked a few times back and forth about Members’ putting questions to the Premier.
The SpeakerThe SpeakerI have actually moved on now. I h ave actually moved on. Everybody was dragging their feet on this for some reason this morning. We are moving on now to the next item on the Order Paper. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerWould any Member wish to speak to that?
The SpeakerThe SpeakerOkay. MP Tyrrell, you have your three minutes.
Mr. Neville S. TyrrellThank you, Mr. Speaker. I will not need three minutes. But I ask that the House send [condolences] to the family of the late Mr. Sylvan Deveaux Richards, Sr., a former constituent of mine who passed recently.
An Hon. Member An Hon. MemberAssociate.
Mr. Neville S. TyrrellI certainly wish to send special condolences to his wife of long standing, Dorothy; and his children, Sylvan, Jr., whom we all know, Sherry and Sandra. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerYes. Associate yourself because I have actually done . . . no, no, no. It was not done last week. I am sorry. Yes, you are fresh; no problem. (I was listening to the other House this week when they did it.)
The SpeakerThe SpeakerI know the Opposition Leader is a gentleman, so he will allow you to go before him. How is that? You have your three minutes.
Ms. Lovitta F. FoggoYes, and I thank him. Let me thank him up front. Thank you, Opposition Leader, for allowing me to go ahead of you. But I know it is the Speaker’s eye or ear I must catch first. I just want everybody to join me in congratulating young Ms. LeiLanni Nesbeth, …
Yes, and I thank him. Let me thank him up front. Thank you, Opposition Leader, for allowing me to go ahead of you. But I know it is the Speaker’s eye or ear I must catch first. I just want everybody to join me in congratulating young Ms. LeiLanni Nesbeth, a daughter of the soil from St. David’s. Her team was crowned NCAA [National Collegiate Athletic Association] champions in—we call it football; they call it soccer. And even she herself, a stellar performance by this young Bermudian through her efforts putting Bermu da on the map and in a big way on the international stage. LeiLanni is both an example of an athlete and a scholar. She has always, always performed extremely well academically. And whether it was way back when, when she was younger on the cricket pitch, she has concentrated all of her efforts in football. And the sport has in return treated her very well because she has been able to secure scholarships for her schools because she is Bermudian and for her country. She has said thank you by doing ext remely well. And she is the first Bermudian to be the recipient of the awards that she has received from the NCAA and the ACC [Atlantic Coast Conference] (I think it is called). Again, I want to associate everybody with these accolades and with these congr atulatory remarks. I do hope that the House sees it fit to ensure that [LeiLanni Nesbeth] receives a letter of congratula-tions. Well done to LeiLanni, and indeed her family who have supported her every step of the way! Again, she is a daughter from the soi l of St. David’s. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Opposition Leader, would you like to have your three minutes now? Hon. N. H. Cole Simons: I will, thank you.
The SpeakerThe SpeakerYou have your three minutes. Hon. N. H. Cole Simons: Mr. Speaker, I would like to associate myself with the comments made in regard 190 10 December 2021 Official Hansard Report Bermuda House of Assembly to Sylvan “Tech” Richards. Mr. Richards has been a close family friend of mine and …
You have your three minutes.
Hon. N. H. Cole Simons: Mr. Speaker, I would like to associate myself with the comments made in regard 190 10 December 2021 Official Hansard Report
Bermuda House of Assembly to Sylvan “Tech” Richards. Mr. Richards has been a close family friend of mine and my family’s since I was a boy. In fact, I remember, Mr. Speaker, the two families, the Richards family and my family, getting together in the back of my father’s car, and we rode to Sunday picnics, the four of us. At the time it was Sherry, Sylvan, my brother and I, and my parents. And that is my first memory of them. More recently, Mr. Speaker, when I was sworn in as Minister, Sylvan Richards, Jr., was also sworn in. And my father was there, and Mr. Richards was there. And he pulled my father and me over, and he said, Cap, look at our boys, they are Ministers. He was so proud of Sylvan’s appointment for that, and even mine to a lesser extent because we had been connected as friends for life. Mr. Richards was a wise and articulate family man. Like most Bermudians, we have our challenges and, you know, he was not a perfect person. But he was a kind pers on. I think on the professional side and his contributions to Bermuda, the best way to categorise him was a master electrician and a mentor to many, many electricians and contractors whom we have in this country today. Mr. Speaker, he started his apprentic eship in Dockyard, and he was very, very successful in whatever fields that he worked in with regard to construction work and electrical services. Some of the notable projects that he addressed were the Sonesta Beach Hotel and he worked on the US base for 60 years. He actually helped —he was superintendent for the electrical work when the Bermuda College was built. And he was basically responsible for implementing the initial electrical systems at Bermuda’s airport on the air-line runway. So he was respected by the community and a mentor to many, many electricians and contrac-tors. He will be sorely missed for his wisdom, his warmth and his humour. Mr. Speaker, so I would like to send condolences out. In fact, I would like on behalf of the House to send condole nces out to Tech’s family, Dorothy, Sylvan, Sherry, Sandra, Brendan and Dean. He will be sorely missed by his immediate family, and he will be sorely missed by our family and the rest of the community. So, [INAUDIBLE] to the family, and thank you. The Spe aker: Those are your three minutes. Thank you for your contribution. Would any other Honourable Member wish to make a contribution at this time?
Hon. Diallo V. S. Rabain: Mr. Speaker. Mr. Speaker.
The SpeakerThe SpeakerMinister of Education, you have your three minutes. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the condolences to Sylvan Richards, our former Member of this Honourable House. Mr. Speaker, I would also like to be associated with the comments …
Minister of Education, you have your three minutes. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the condolences to Sylvan Richards, our former Member of this Honourable House. Mr. Speaker, I would also like to be associated with the comments f or LeiLanni. I actually did watch that game. I am very familiar with Florida State in Tallahassee Florida. I attended university in Tallahassee, Florida, and still have many friends at both Florida State and Florida A&M. So, I was tuned in, and it was a thrilling final where they won 4:3 on penalties. But congratulations to that young lady, for sure. I am staying with sport, Mr. Speaker. I am not sure if this was announced last time. But congratulations to Kamau Leverock and Delray Rawlins for being selected to play in this US Open T20 cricket competition that is happening in Florida now. They impressed with their play in Bermuda’s tournament earlier this year, and they have been selected as part of this all - star group that is playing in this particular tour nament. Mr. Speaker, I would also like to send congratulations to all of the winners of the annual Dr. Reg Grundy annual Youth Photography competition. It is one of the pleasures I get every year (although it is only in its third year). So I have had the pleasure over the last three years of joining them as they reveal these photographs that are taken by our y oungsters. They have three categories: middle schoolers, primary schoolers and essentially high schoolers. And the beauty of this competition, Mr. Speaker, is that the photographs have to be taken and sent in unaltered. So, they have it split into three categories — Bermuda families, Bermuda buildings and Bermuda nature. Some of the pictures taken by these school - aged children are absolutely stunning. Any Member or anyone in the public listening, I urge you to go to the Bermuda National Museum’s website where all of the photographs that were submitted are able to be viewed. And you see the winners. I am happy to report that the winners are a good balance between public and private schools. As the years have gone on, I have been made aware that most of these pi ctures are taken by cell phone. So when you look at some of these pictures, you will be just astounded at the talent that is out there amongst our young people,
Mr. Speaker.
Thank you.
The SpeakerThank you, Minister.
The SpeakerThe SpeakerHow are you today, sir? Bermuda House of Assembly Mr. Jamahl S. Simmons: I am fantastic. How are you?
The SpeakerThe SpeakerGood. You have your three minutes.
Mr. Jamahl S. SimmonsThank you, sir. I rise today to pay tribute to my uncle, Richard [Canterbury] Simmons, who passed earlier this week. For those in the community who knew him, he was an elder for many years at the Radnor Road Christian Fellowship. He was a member of the Devonshire Branch of …
Thank you, sir. I rise today to pay tribute to my uncle, Richard [Canterbury] Simmons, who passed earlier this week. For those in the community who knew him, he was an elder for many years at the Radnor Road Christian Fellowship. He was a member of the Devonshire Branch of the Progressive Labour Party for many years. He was somebody who was very, very politically driven, spiritually driven. My father worked alongside him for many years in the Simmons Dental Lab in Back o’ Town, where man y people questioned, Why would you set your business up there? And they both believed that we should never be afraid to be with our people. He played a great role in inspiring my father’s running for Parliament. And he was very, very proud the day that I was elected. And he would often call with a word or phrase or a little encouragement that got me through. So, he will be well and truly missed. Condolences to his beloved wife, Gloria, and to his adopted daughter, Kimberley. Mr. Speaker, while I have the microphone, I would also like to congratulate the Hon. Dr. Terrance Drew, the new Leader of the St. Kitts and Nevis Labour Party. He has spent many years preparing for this role under the tutelage of one of the most brilliant political minds of the Caribbean. And I have no doubt that he will lead the St. Kitts and Nevis [Labour] Party with honour and integrity, and in the true value of the labour movement. Congratulations, Comrade, Dr. Terrance Drew! And while I am on my feet, I would also like to pay tribute to his predecessor, one of the longest - serving Prime Ministers in St. Kitts history, the Hon. Dr. Denzil Douglas, whose retirement sparked the leadership run of Dr. Drew. And for those who remember Dr. Douglas, those in the Chamber when he came to visi t us, he is a man of smaller stature, but powerful of mind, powerful of word and powerful of action. He has been very instrumental in transforming St. Kitts into one of the sterling islands of the Caribbean. With that, Mr. Speaker, I take my seat and thank you for the time.
The SpeakerThe SpeakerThank you for your contribution. Would any other Member like to make a contribution at this time?
The SpeakerThe SpeakerMP Swan, you have your three minutes.
Mr. Hubert (Kim) E. SwanYes. Good morning, Mr. Speaker. Mr. Speaker, I bring sad condolences to the family of the late Mavis Ingemann, from Ferry Reach, a well -known East End family. Her son, Oluf, died recently, her late son now, Oluf Ingemann. [Condolenc-es to] his widow, Barbara and certainly her daughter Cathy and …
Yes. Good morning, Mr. Speaker. Mr. Speaker, I bring sad condolences to the family of the late Mavis Ingemann, from Ferry Reach, a well -known East End family. Her son, Oluf, died recently, her late son now, Oluf Ingemann. [Condolenc-es to] his widow, Barbara and certainly her daughter Cathy and her daughter, Mariea Pearman, and to their extended families throughout, and friends as well. I used to enjoy just visiting with Ms. Ingemann particularly in the Saturdays as we made our rounds around the community. Particularly over the last few years I got to know her a lot better. And she was of ailing health, and we pray that her family will be comforted at this time of bereavement. Mr. Speaker, I would like to be associated with the congratulations offered to LeiLannie Nesbeth from St. David’s and associate with Ms. Foggo’s comments. And yes, I tell you, in my years this young lady ranks amongst the most talented of athletes I have ever laid eyes on. She came up to the golf course probably about seven, maybe ten years ago, and I said, This young lady could be the greatest lady golfer in the worl d. That is how good she [was]. When I watched her play golf, she was akin to the female version of a Kenny Leseur or anybody of that young age who was a child protégé. But at that time she was into cricket. And then she really turned her sights to football , went to England to play cricket! And I believe Brighton spotted her playing football. And the rest is history, as she went to Florida State and she is moving in that ACC [Championship] out there. [No audio]
The SpeakerThe SpeakerMP, you may have frozen there for a minute. I think we have lost you altogether, MP.
The SpeakerThe SpeakerOkay. Okay. Thank you for your contribution.
Mr. Hubert (Kim) E. SwanThis is to the Richards family, Mr. Speaker. [Crosstalk] 192 10 December 2021 Official Hansard Report Bermuda House of Assembly The Speaker: Okay. You have got 10 seconds left on your clock, but I think we have lost you. And I ask that we move on, okay? You are buffering …
This is to the Richards family, Mr. Speaker.
[Crosstalk]
192 10 December 2021 Official Hansard Report
Bermuda House of Assembly The Speaker: Okay. You have got 10 seconds left on your clock, but I think we have lost you. And I ask that we move on, okay? You are buffering out. Would any other Member like to make a contribution at this time?
Mr. Anthony RichardsonI would like to give congratulations or birthday wishes, actually the first to the well-known Mr. Burley Burchall, who turned in his words double digits, 77. He is described as a great party supporter. He knows about knocking on the doorstep. He is principled, knowledgeable and dedi-cated. And what is …
I would like to give congratulations or birthday wishes, actually the first to the well-known Mr. Burley Burchall, who turned in his words double digits, 77. He is described as a great party supporter. He knows about knocking on the doorstep. He is principled, knowledgeable and dedi-cated. And what is amazing is that he is able to offer correction, and I have experience in this, without causing offence. He can offer correction without caus-ing offence. So I just want to say again Happy bel ated birthday! to Mr. Burley Burchall, who is obviously also well known as a good [INAUDIBLE] and excellent coach.
Some Hon. Members Some Hon. MembersAssociate.
The SpeakerThe SpeakerMany of your Members would like to be associated.
An Hon. Member An Hon. MemberAssociate all.
Mr. Anthony RichardsonThe second congratulatory remark, Mr. Speaker, with your permission I am going to read it because it is so important to me and so special.
Mr. Anthony RichardsonIt is on behalf of Ms. Roseclaire Idonia McGowan, who is 95 years young, a Heritage Bay seasoned saint. Mr. Speaker, Ms. McGowan was born on December 2, 1926, to Mr. and Mrs. Ashleigh Smith, who themselves were born, raised and married in Tucker’s Town, Bermuda. She is the seventh …
It is on behalf of Ms. Roseclaire Idonia McGowan, who is 95 years young, a Heritage Bay seasoned saint. Mr. Speaker, Ms. McGowan was born on December 2, 1926, to Mr. and Mrs. Ashleigh Smith, who themselves were born, raised and married in Tucker’s Town, Bermuda. She is the seventh child of seventeen. Ms. McGowan was born and raised in the Heritage Bay area of Smith’s where she spent most of her life and married Michael Edwin McGowan, Sr. Together they raised eight children. She is a proud mother, grandmother and great - grandmother. She is an avid supporter of the great Cleveland County Cricket Club, previously the Tuck-er’s Town Cricket Club, as her uncle, brothers, sons, grandson and great -grandson have all played in the Eastern County Cricket Classic through the years. And she has been attending the ECCA games up until COVID -19 restrictions were put in place. Mr. Speaker, Ms. McGowan keeps quite busy. She loves to watch international cricket on TV. She loves to go fishing in the Harrington Sound/Tucker’s Town areas, following in her father’s footsteps. She also l oves to crochet and play Chinese checkers. She listens to the House of Assembly broadcast, enjoys listening to the interactive talk shows on 102.7 throughout the day, and especially the Glenn Blakeney show, along with the evening news and TV game shows. Mr . Speaker, Ms. McGowan is a devout Christian and loves the Lord. She still loves to joke around, be witty and have a good giggle. And to cap it all, Mr. Speaker, Ms. McGowan loves spending time with friends and family. And so again, to Ms. McGowan, if you are listening in the listening audience, Happy, happy belated birthday! Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Would any other Member like to make a contribution at this time? Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerYes, MP Dunkley. Hon. Michael H. Dunkley: Yes. Good morning, Mr. Speaker, and good morning to colleagues.
The SpeakerThe SpeakerYou have your three minutes. Good morning. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I would like to be associated starting out with the congratulations to young—
The SpeakerThe SpeakerWe hear you, but we do not see you. Okay, there you go. Hon. Michael H. Dunkley: All right? [I would like to be] associated with the congratulations to young Ms. Nesbeth on her fantastic achievement of winning that championship. I know they were close; I believe last year. So, …
We hear you, but we do not see you. Okay, there you go.
Hon. Michael H. Dunkley: All right? [I would like to be] associated with the congratulations to young Ms. Nesbeth on her fantastic achievement of winning that championship. I know they were close; I believe last year. So, it is great to finally get over that hurdle and win it all. It is a significant achievement, especially in sport, which is gaining by leaps and boun ds in the United States at the present time. And I certainly reflect on the comments of MP Swan, her athletic prowess across the board, not only from football/soccer to cricket, but to golf as well. And I know that she is talented because I have played against her in cricket when she was a few years
Bermuda House of Assembly younger, and I could see her all -around abilities. So, congratulations. I would like to also be associated with the condolences to the family of Sylvan “Tech” Richards, Sr., on his passing. It could not have been expressed any more eloquently than the Opposition Leader, the Honourable Cole Simons, did. And I certainly during this period of grieving extend our best wishes and prayers to a former Minister and colleague of this House, the Honourable Sylvan Richards ; to Sylvan [Sr.’s] two daughters, Sherry, who is a constituent of mine, and Sandra, on the passing of their beloved father. I would like to also ask that the House send condolences to [the family of] Gertrude Eloise Bell from the Foothills area in Devons hire. She was a trailblazer in her own right in the fact that, as a registered nurse, she worked hard for years to provide emergency services, especially air ambulance services to people of Bermuda who wanted to go overseas. And she worked hard at it right through her career right up to the end. So condolences to her daughter and the rest of the family there in the Foothills area. And finally, Mr. Speaker, I do not know if it has been done, but condolences to [the family of] Brian Hall, who was a trailblaz er in his own right in the international business field. He passed away recently overseas where he had moved. But I know many Members of the House are well aware of Mr. Hall’s exploits in international busi-ness, and he will be missed.
Hon. N. H. Cole Sim ons: I would like to be associated with that, please.
The SpeakerThe SpeakerYes. Associate — Hon. Michael H. Dunkley: I will associate the Honourable Opposition Leader. I am sure all Members of the House would like to be associated. Hon. Walter H. Roban: I would like to be associated as well, Mr. Speaker. Hon. Michael H. Dunkley: All Members of the House, …
Yes. Associate —
Hon. Michael H. Dunkley: I will associate the Honourable Opposition Leader. I am sure all Members of the House would like to be associated. Hon. Walter H. Roban: I would like to be associated as well, Mr. Speaker. Hon. Michael H. Dunkley: All Members of the House, Mr. Speaker. He will not only be missed by his family and friends, but certainly the international business community, whom he st ayed in touch with. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Pearman, you have your three minutes. Mr. Scott Pearman: Thank you, Mr. Speaker. Mr. Speaker, on a personal note I would also like to be associated with those who have spoken be-fore me in respect of the passing of the father of our former colleague in the House, Sylvan …
MP Pearman, you have your three minutes. Mr. Scott Pearman: Thank you, Mr. Speaker. Mr. Speaker, on a personal note I would also like to be associated with those who have spoken be-fore me in respect of the passing of the father of our former colleague in the House, Sylvan Richards, Mr. Richards Sr.’s passing. I know that all of the Opposition and no doubt all of those in the whole House would wish to be associated and that condolences should be sent. Mr. Speaker, today all around the world is International Human Rights Day. And it is International Human Rights Day because it is an observation of the first global enunciation of human rights by the United Nations when the United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. And while these giant global statements often go unquestioned by each and every one of us, the fact remains that human rights law as enunciated in the declaration is that which protects the individual against [INAUDIBLE]. And whilst we have [INAUDIBLE] form of democracy in Bermuda, it is not always the case elsewhere. So, there will be celebration of Human Rights Day today at the City Hall. That is at one o’clock for those who are able to attend. All members of the public are invited. So, thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Pearman. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Adams, you have your three minutes.
Mr. Jache AdamsMr. Speaker, I will not use the entire three minutes, but I have two specific things I would like to speak about today. The first is I want to wish a happy belated birthday to a resident or constit-uent of mine and a former Cabinet Minister of this House, Mr. …
Mr. Speaker, I will not use the entire three minutes, but I have two specific things I would like to speak about today. The first is I want to wish a happy belated birthday to a resident or constit-uent of mine and a former Cabinet Minister of this House, Mr. Glenn Blakeney. Mr. Glenn Blakeney has certainly been influential in my time in politics and remains available and is an open ear as a mentor. So I appreciate him tremendously and want to wish him a very happy belated birthday. Second, Mr. Speaker, I also just want to take this opportunity to congratulate Mr. Scott Barnes, another constituent of Pembroke West, on his recent achievement out in Las Vegas where he participated in a go- carting race, which is perhaps the most prestigious go- carting race in North America and actually had a podium finish. So here we have another athlete in Bermuda on the world stage doing a fantastic job. So, with that, I just want to end and congratulate him on a job well done. Thank you.
194 10 December 2021 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you. Does any other Member wish to make a contribution at this time? No other Member?
Hon. Renee Ming: Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerMinister Ming, you have your three minutes. Hon. Renee Ming: Thank you so much. I am just trying to turn my camera on. Okay.
The SpeakerThe SpeakerYes. Hon. Renee Ming: There we go.
The SpeakerThe SpeakerYes. We still hear you. Okay , now we see you, yes. Hon. Renee Ming: Okay. I would like to give congratulations to the Bermuda Fire and Rescue Service on their first inau-gural Heroism Week. This week they honoured a family who had two young children, the Oduntan family. The …
Yes. We still hear you. Okay , now we see you, yes.
Hon. Renee Ming: Okay. I would like to give congratulations to the Bermuda Fire and Rescue Service on their first inau-gural Heroism Week. This week they honoured a family who had two young children, the Oduntan family. The children were instrumental in saving the life of their father. Mr. Speaker, they deserve to be commended, and I want to also commend the Bermuda Fire and Rescue Service for coming up with a Com-munity Hero Award, one that we can be proud of and also creates a foundation for things that we can build on. Mr. Speaker, I would also like to give a secondary congratulation to Natasha Trott. I gave con-gratulations to her a few weeks ago in this House for being the first Bermudian female assistant referee for a FIFA [Feder ation Internationale de Football Association] game. Since then, she has actually passed eve-rything and qualified, and has been recommended to the FIFA list. This is definitely an accomplishment for Bermuda, and especially for Natasha because she is female referee. And we are hoping and praying that we see big things as she continues her career (or hopefully her career) in the referee arena. Thank you,
Mr. Speaker.
The SpeakerThank you, Honourable Minister. Does any other Member wish to make a contributi on at this time? Any other Member? No other Member. We will move on. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS
The SpeakerThe SpeakerThere are three Government Bills and one Opposition Bill to be introduced today. GOVERNMENT BILLS
The SpeakerThe SpeakerMinister of Finance, would you like to introduce your two Bills? FIRST READING INVESTMENT BUSINESS AMENDMENT ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: …
The SpeakerThe SpeakerYes, and there is a second. FIRST READING PROCEEDS OF CRIME AMENDMENT ACT 2021 Hon. Curtis L. Dickinson: And the Proceeds of Crime Amendment Act 2021.
The SpeakerThe SpeakerThank you. Minister of Transport, would you like to introduce your Bill? Hon. W. Lawrence Scott: Yes, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. FIRST READING MOTOR CAR INSURANCE (THIRD- PARTY RISKS) AND PUBLIC CARRIAGE AMENDMENT ACT 2021 Hon. W. Lawrence Scott: Mr. Speaker, I am intr oducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: …
Go right ahead.
FIRST READING
MOTOR CAR INSURANCE (THIRD- PARTY RISKS) AND PUBLIC CARRIAGE AMENDMENT ACT 2021 Hon. W. Lawrence Scott: Mr. Speaker, I am intr oducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: the Motor Car Insurance (Third- Party Risks) and Public Carriage Amendment Act 2021.
The SpeakerThe SpeakerThank you. Bermuda House of Assembly OPPOSITION BILLS The Spe aker: Opposition, would you like to introduce your Bill? FIRST READING EQUALITY ACT 2021
Mr. Scott PearmanMr. Speaker, under the provisions of Standing Order 28(1), I ask for leave to introduce the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: the Equality Act 2021.
The SpeakerThe SpeakerThank you. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerThat bring s us to the Orders of the Day. Honourable Members, it is now 12:27, and I am going to suggest that we break now for lunch and return at 2:00 pm. Would the Premier or the Deputy Premier like to move us? Hon. E. David Burt: Thank you, …
That bring s us to the Orders of the Day. Honourable Members, it is now 12:27, and I am going to suggest that we break now for lunch and return at 2:00 pm. Would the Premier or the Deputy Premier like to move us?
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that the Honourable House do now adjourn for lunch.
The SpeakerThe SpeakerAre there any objections to that? There are none. The House now stands adjourned until 2:00 pm. Proceedings suspended at 12:27 pm Proceedings resumed at 2:00 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerGood afternoon, Members. It is now 2:00 pm and we will resume the debate for today. The House is now reopened. Members, when we closed [for lunch] we had just completed all the preliminary bus iness for the day. We are about to start the Orders of the Day. ORDERS …
The SpeakerThe SpeakerThe first item to be discussed or debated today is the consideration of the Tourism Investment (The Loren at Pink Beach) Order 2021 in the name of the Premier. Mr. Premier, would you like to present your matter? Hon. E. David Burt: Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerGood afternoon. Hon. E. David Burt: I hope you had an enjoyable lunch.
The SpeakerThe SpeakerI took the time to get a little fresh air and take a walk around in the nice evening weather we have out there today. Because I — Hon. E. David Burt: I was about to say the sun must have forgotten the message that it was winter.
The SpeakerThe SpeakerWell, it lo oks like I might be stuck here for a little while today, for quite some time this evening with what is before us, I took advantage of it while I could get out. Hon. E. David Burt: Understood, Mr. Speaker. Thank you, Mr. Speaker. I move that …
Well, it lo oks like I might be stuck here for a little while today, for quite some time this evening with what is before us, I took advantage of it while I could get out. Hon. E. David Burt: Understood, Mr. Speaker. Thank you, Mr. Speaker. I move that consideratio n be given to the draft order entitled the Tourism Investment (The Loren at Pink Beach) Order 2021 proposed to be made by the Minister responsible for Tourism in exercise of the power conferred by section 3(1a) in conjunction with section 5(1a) of the 1Tourism Investment Act 2017.
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Premier. DRAFT ORDER TOURISM INVESTMENT (THE LOREN AT PINK BEACH) ORDER 2021 Hon. E. David Burt: Thank you, very much, Mr. Speaker. Mr. Speaker, the purpos e of this Tourism Investment (The Loren at Pink Beach) Order 2021 now before this Honourable …
Are there any objections? There are none. Continue, Premier.
DRAFT ORDER
TOURISM INVESTMENT (THE LOREN AT PINK BEACH) ORDER 2021
Hon. E. David Burt: Thank you, very much, Mr. Speaker. Mr. Speaker, the purpos e of this Tourism Investment (The Loren at Pink Beach) Order 2021 now before this Honourable House is to enable the grant of tax relief for developers investing in the tourism product, The Loren at Pink Beach, Sardis Developments Limited which is in the na tional economic interest of Bermuda. Mr. Speaker, Honourable Members will recall the Tourism Investment Act 2017, which I will herein1 As amended by the Tourism Investment Amendment Act 2019 196 10 December 2021 Official Hansard Report
Bermuda House of Assembly after refer to as “the Act,” became operative in November of 2017. The primary objective of the Act is to make Bermuda more attractive to foreign investors and to incentivise and assist local tourism- related business owners to reinvest in their product. The Tourism Investment Act provides a scale of tax relief that can be accessed by developers through the grant of an Order approved by this House. By way of background, Mr. Speaker, The Loren at Pink Beach is located at 116 South Road, Tucker’s Town, Smiths, on eight acres of coastal land-scape formerly occupied by the Pink Beach Club. Sardis Developments Limited incorporated i n Bermuda on February 14, 2014, and amalgamated with Pink Beach Hotel Limited on March 6, 2014. Sardis is controlled by C12 Capital Management, a privately held investment company founded in 2009 by Stephen King. Mr. Speaker, The Loren at Pink Beach is a five-star—well, I should say, a 5.5 star, as the owners like to refer to it —luxury boutique hotel which includes 37 hotel suite/rooms, a restaurant, lounge, and a full spa. In addition to the 37 hotel suite/rooms, The Loren at Pink Beach offers guest accommodation at seven villas and a private residence. The residence sits on 5.5 acres of waterfront land and includes six bedrooms, eight en -suite bathrooms, and a two- bedroom staff cottage. Villas 1, 2, 3 and 7 each consist of a two-storey, four -bedroom, four-and-a-half-bathroom villa with a pool and a detached garage. Villas 4, 5 and 6 each consist of a two -storey, three- bedroom, three- and-a-half-bathroom villa with a plunge pool and a detached garage. All aspects of this development were completed in 2019. Mr. Speaker, Sardis Developments Limited was granted a hotels concession order, the Hotels Concession (Pink Beach Hotel) Order in March 2015. The total value of concessions available to Pink Beach is $7.59 million. As per this Order, Sardis is entitled to [the following relief]: • full relief from customs duty until a year after the hotel’s opening dates; • full exemption from land tax for five years from the hotel’s opening dates for an amount not exceeding $105,977 in each year of assessment; • full exemption from hotel occupancy tax for five years from the hotel’s opening date for an amount equal to the sum expended by the hotel on marketing the hotel, redevelopment up to an amount not exceeding $1,200,000 in the first year of assessment and up to an amount not exceeding $1 million in the remaining four years of assessments; full exemption from hotel occupancy tax for five years from the hotel’s opening date for an amount equal to the sum expended by the hotel on entertainment provided by Bermudian entertainers for an amount not exceeding $250,000 in each year of assessment; and • full exemption from the employer’s share of payroll tax for five years from the hotel’s opening dates for an amount equal to the sum expended by the hotel on training Bermudia n employees of a hotel for an amount not exceeding $120,000 in each year of assessment. Mr. Speaker, in November 2019 the Tourism Investment Act 2017 was amended so that it applied to specific hotel developments presently using a hotels concession order ma de under the Hotels Concession Act 2000 . On December 9, 2020, Sardis Developments Limited submitted an application for Tourism Investment Order for The Loren at Pink Beach. As previously stated, the Pink Beach Club was purchased in 2014 for $14 million. To date, the total in-vestment by Sardis Developments Limited has been $79,323,160. In accordance with the definition of a new hotel as per the Tourism Inv estment Act 2017 this application meets the criteria for a new hotel. Mr. Speaker, I would invite the attention of Honourable Members to an important caveat. The Tourism Investment Amendment Act requires tax relief already received by The Loren at Pink Beach pur-suant to the Hotel Concessions Act to be taken into account. This is to ensure that the period for which tax relief is granted, pursuant to the Tourism Investment Act, does not exceed the relevant period, in this case, 10 years. Mr. Speaker, in meeting the criteria for a new hotel the Act allows The Loren at Pink Beach to re-ceive full exemption from hotel occupancy tax otherwise payable in respect for the hotel for a period of five years from the date that this Order comes into full operation, and f ull exemption from the employer’s share of payroll tax otherwise payable in respect of a person being employed by the hotel for a period of five years from the date this Order comes into operation. To qualify for this exemption the Minister responsible for Workforce Development shall, for the period for which the exemption is claimed, confirm in writing to the Minister responsible for Tourism annually that a management training programme for Bermudians is in operation at The Loren at Pink Beach. Mr. Speak er, The Loren at Pink Beach states that it “takes pride in providing various training pro-grammes to ensure employees are constantly learning the best practices and procedures to manage the daily responsibilities in a lux ury property.” It is envisioned that between the years 2021 to 2025 the ratio of locals to international or guest workers employed at The Loren will be [a] 7:3 [ratio]. That is, 70 per cent locals and 30 per cent guest workers. As business is expected to recover, the company envisions a team of 110 staff members during this time period.
Bermuda House of Assembly Training programmes focus on promoting individuals from line positions to middle management supervisory, as well as middle management supervisory to senior management positions. The training hierarchy includes individual development training, leadership development training and management development training. Training courses offered in management development include timekeeping and organisational skills, top- tier customer service, leadership training, train- the-trainer and luxury brand management. Mr. Speaker, this Government is pleased to work with Sardis Developments Limited to ensure that our tourism product is constantly being refreshed so as to remain on the cutting edge of the hospitality industry. The Tourism Investment Act 2017 provides the means to this end. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premier. Does any other Member wish to make a contribution at this time? Hon. N. H. Cole Simons: Yes, Mr. Speaker.
The SpeakerThe SpeakerMr. Opposit ion Leader, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Again, like the Premier, I would like to thank Stephen King for his vision and his commitment to Bermuda, and his capital investments in the project and having a, as he says , …
Mr. Opposit ion Leader, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Again, like the Premier, I would like to thank Stephen King for his vision and his commitment to Bermuda, and his capital investments in the project and having a, as he says , 5.5-star hotel in Bermuda. It falls in line with what we have tried to sell ourselves as a jurisdiction as and I think he needs to be applauded for his success. I have been to The Loren a number of times and during each occasion, be it birth-day parties or just lunch and brunch, I have never been disappointed.
The SpeakerThe SpeakerMr. Opposition Leader, can I just remind you to put your camera back on? Thank you. Hon. N. H. Cole Simons: Is that better? Okay. Just a few comments. Like I said, on our side we support the exemption and continued support from Government on this initiative, but we just …
Mr. Opposition Leader, can I just remind you to put your camera back on? Thank you.
Hon. N. H. Cole Simons: Is that better? Okay. Just a few comments. Like I said, on our side we support the exemption and continued support from Government on this initiative, but we just have a few questions that I think are worth exploring. I think the first question that comes to me is [about] the training programme. The Premier spoke quite a bit about the training programme, and I was listening intently to determine how many participants are actually in the training programme now, how many have come through and completed the training programme, and have they had any overseas exposure in the hotel hospitality industry? So, could he give us some concrete numbers on the number of participants graduated from the programme, who are currently in the programme and provide more meat on those numbers? Because, I mean, it is fine to say we have all of these programmes and this is what we are going to do, but the rubber meets the road when we have Bermudians in the programme and developing. The other issue that I would like to ask the Premier to address is the issue of when gran ting these concessions or tax relief and exemptions, I think it is worth the Government also securing information on the occupancy levels of these hotels for the period. You know, if the hotel has 100 per cent occupancy then you question the need for Gover nment support, Government exemptions and Government tax relief. And so in my mind I would ask the Premier to provide more details, by year, of the occupancy levels for this hotel. If we are going to help them, there needs to be more transparency in that ar ena. The other issue that I would like for the [Premier] to address is just strictly administrative. I see that a developer submitted the application for the extension of the exemption and tax relief on December 9, 2020. You know, I take the view that we need to be more responsive in this space [because it is] just over a year [since] the application was submitted. We are finally debating this Tourism Investment Order. Either I am missing something or we just need to improve the process so that we can be more responsive to our investors on a timely basis. So that was the first thing I noted when I read the legislation, that the application was made over a year ago, almost a year to the date, and we are just getting back to them after they have invested $79 .32 million in Bermuda. So, more efficiency is required in that space. Mr. Speaker, with those few comments I think that is the extent of my . . . oh no. The final issue that I would like for the [Premier] to address is, can he quantify the total value of the exemptions and tax relief that this Tourism Investment Order is valued at? I mean, at the end of the day, we are supporting this hotel and this establishment, and we have granted them tax relief and we have granted them exemptions, but we have not seen the big picture as to what the total aggregate of the dollar value is, the economic value of these exemptions and tax relief. And on that note, I close. And I close as I began: We in the Opposition support this Tourism In-vestment Order and wish Stephen King and the staff of The Loren all the very best in the future. Thank you.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution at this time?
Mr. Huber t (Kim) E. SwanYes. 198 10 December 2021 Official Hansard Report Bermuda House of Assembly The Speaker: You have the floor.
Mr. Hubert (Kim) E. SwanHopefully I do not buffer this time. I just want to lend my support to the timeliness of [INAUDIBLE ] the Order. [INAUDIBLE] experience in this space. [INAUDIBLE] tourism industry, [INAUDIBLE] —
The SpeakerThe SpeakerMP Swan, you are buffering in and out.
The SpeakerThe SpeakerYou are buffering in and out, so we are not catching every word you are saying. We are get-ting every other, every few words we are losing.
Mr. Hub ert (Kim) E. SwanI will try it here. Mr. Speaker, I will start again. I am in support of this Order as one who is a practitioner in this space, in the tourism industry. I have had nothing but great experience with those persons who would choose The Loren experience as the way …
I will try it here. Mr. Speaker, I will start again. I am in support of this Order as one who is a practitioner in this space, in the tourism industry. I have had nothing but great experience with those persons who would choose The Loren experience as the way to enjoy a Bermuda va-cation. I am just here to say that most recently, Mr. Speaker, I had a client who was there and I believe that the room was, like, $1,500 a day, minimum, which may be even more. Maybe it is in the thousands. But it was not about what the dollar rate might have equated to someone like me, it was what they required for their comfort and for what they are accustomed to. And so, whether or not a person is going to pay $100 a night for a room, or they are going to pay $15,000, it is the value for money that they are looking for and it is the amenities and the service that they are looking to provide. I am very pleased to hear the Premier bring this forward today because, indeed, in this space, that type of clientele will serve Bermuda very well. Be-cause once persons get more and more familiar and see the type of commitment that The Loren is prepared to make, it makes it possible for others to follow suit as we are certainly seeing even more recently with the Ariel Sands, Michael Douglas, [Catherine] Zeta Jones. Persons of that nature certainly continue to show great support for this Island, such as The Loren. And with that, I just want to say that whilst some might say, Why has it taken too long? I am here to say I am glad it is happening right now. And I believe there is much that can be catapulted from this positive initiative taking place at this particular time in our history. And let us not forget that! You know, a year ago, Mr. Speaker, this whole country was grap-pled with COVID -19 to the likes that we have never seen before which would have made every wheel grind far slower than one would ever have imagined. And it is easy for persons to forget that this is the case and [is] the reality that we are living. So The Loren investment at this time is timely and I look forward to other investments coming forward in this space. Thank you, sir.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Any o ther Member? Hon. Michael H. Dunkley: Mr. Speaker.
The SpeakerThe SpeakerYes, MP Dunkley. Hon. Michael H. Dunkley: Yes, Thank you, Mr. Speaker.
The SpeakerThe SpeakerMP Dunkley, you have the floor. Hon. Michael H. Dunkley: As my honourable colleague, the Opposition Leader, said just a few mo-ments ago, I support the comments of the Opposition and certainly support this Order as it comes through, and I thank the Government for having it come to Parliament …
MP Dunkley, you have the floor. Hon. Michael H. Dunkley: As my honourable colleague, the Opposition Leader, said just a few mo-ments ago, I support the comments of the Opposition and certainly support this Order as it comes through, and I thank the Government for having it come to Parliament today. Obviously, with the overview that the Honourable Premier provided it is clear that Mr. King and his colleagues have made a significant investment in our country with over $79 million invested today. And it is clear that their commitment has been one through very difficult times. This proj ect first started underneath the OBA Government, and we are pleased to see that it has taken root. The property has been built. And now it is receiving visitors and locals through its gates on a regular basis. Mr. Speaker, I think we should understand and respect that this is a success story during a very difficult period —the most difficult period being the recent times where we have been stricken by COVID - 19. So I want to support the Premier and the Opposition Leader in thanking Mr. King for his commitment and, most importantly, for his confidence in Bermuda because clearly if you did not have confidence, you would not continue to want to invest. And he has made it clear that he wants to continue to invest in this property to bring all he can out of it, not only for his success, but for the success of the people of this country. It is clear, Mr. Speaker, that The Loren experience has so far proven to be a good one for the visitors and locals. And as the Member who spoke just before me remarked on the room rates, I think it is clearly proven that if you offer a stunning site, which clearly The Loren is . . . even on the gloomy days
Bermuda House of Assembly when the weather is not as nice it is still a stunning site sitting right on the ocean’s edge down there in the former Pink Beac h area. It is an awesome facility. It is the pool front, the waterfront, the actual main building itself. The suites offer spectacular views and large porches or patios for visitors to use at all times. I have been blessed to be there a few times, not so m uch recently through COVID -19, but they offer great service, and the staff are very, very good. So, the price point that they pick is certainly not stopping people from travelling to the Island to take in The Loren expe-rience. They have proven that they can give good value for the money that people are paying out to stay down at The Loren. So, I congratulate Mr. King and his team. I look forward to their continued investment in the Island. I have spoken to him recently about some of his plans going forward and he was keen to see this passed by the House of Assembly, so I thank the Honourable Premier as the Minister of Tourism for bringing it here today. I am looking forward to the pro-ject continuing to move forward and grow from there. I would hope that others would see that a commitment in Bermuda can be a positive one even during tough times. Certainly Mr. King has stuck to it from the very beginning and now we see a property that I believe has won accolades all over the world for what it offers and what it presents to the people who come through the gates down there in the Pink Beach area. So, I am pleased that Parliament seems to be generally fully supporting this. And I look forward to continued investment and just as importantly, continued training in the facility. Mr. Speaker, I think we, all of us who have been in politics for a few years, realise now that one of the key challenges that hotel properties have–– once they get over the investment challenges and the construction challenges they might fac e, and then opening the doors ––one of the key challenges is finding the experienced staff in a myriad of areas that can come in and do the job seven days a week. Because that is what is required in the hotel industry. So I am pleased to see the commitment there, and I hope that the Government will continue to work with Mr. King and others in the industry, such as St. Regis, to ensure that their ability to train and their desire to train and the plans that they have to train staff can be fruitful. So, thank you for the opportunity to say a few words, Mr. Speaker. I am pleased to see that a project that now has spanned two Governments has continued to move forward and this certainly puts Bermuda in a good light. So we look forward to hearing some good reports from that East End of the Island. Thank you.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution at this time? Any other? There are none.
The SpeakerThe SpeakerMP R ichardson, you have the floor.
Mr. Anthony RichardsonThank you, Mr. Speaker. With your permission I would like to offer some general comments in terms of tourism in Ber-muda and what this represents. Clearly, I am in support of the Government’s position in terms of granting the additional concessions to the Pink Beach at The Loren. I think …
Thank you, Mr. Speaker. With your permission I would like to offer some general comments in terms of tourism in Ber-muda and what this represents. Clearly, I am in support of the Government’s position in terms of granting the additional concessions to the Pink Beach at The Loren. I think Members have already spoken to say that those of us who have had the opportunity to go and visit at The Loren have not been dissatisfied. They are known to provide very, very high- end service which everybody enjoys. I would also offer, Mr. Speaker, that my comments are in the context of being the Government representative in the area because The Loren is in [constituency] 7. It also includes, of course, the Rosewood hotel and the Mid Ocean Club as high- end accommodations. And what is interesting to me, Mr. Speaker, is that . . . I did not know this, to be honest, until about last year (give or take), that many of the homes in the Tucker’s Point area are actually offered as high- end Airbnb ’s. What this means is that in that whole constituency now there are many accommodations that are not inexpensive, but they are offered. And what has been interesting is that many of them are keeping busy. So, my broad comments will als o reflect the idea of value, actually value and perceived value, because that is what, in my opinion, gives persons the satisfaction of spending money. So as the Member who spoke just before me said (well, two persons before me), he said that the rates at The Loren might be considered to be high, but high of course is relative in terms of what you are getting for that rate. And as long as The Loren and others are able to continue to give actual or perceived value, there should not be any issues really in terms of them continuing to attract guests. I will pause just to say also, Mr. Speaker, that we have to be mindful that good service does not equate to servitude in the sense that if Anthony is prepared to provide good service and to be paid for it or be remunerated for doing that, without persons being demeaning or otherwise, then that is service. And I want us all to think about the fact that we do have to, I wouldn’t even say raise our game, but to go back a bit, because as we all know the one thing Bermuda is known for is a good and high quality of service in the person- to-person level. I will reflect also that at one point working in the hotel industry was almost a rite of passage; it was the idea that during the summer holidays you worked 200 10 December 2021 Official Hansard Report
Bermuda House of Assembly in the hotels. The hotels do not offer sociable hours (if you will), because you have to work early and work late, especially if you are working the dining room, but [in doing] so the value of interacting with the guests was very, very rich. The opportunity to be ambassadors for Bermuda in terms of when you were serving the guests they would ask you questions about what to do in Bermuda. You would have interchanges in terms of what did they do and make recommendations and in many respects that interaction caused t hem to have a greater connection to Bermuda, and in many cases caused them to come back time and time again. And sometimes we still have reports of persons who have been to Bermuda, let’s say 20 or 30 times over their lifetime, and that is because of that rich interaction with Bermudians. I also believe it is appropriate to say that many of the parliamentarians both here and in the other place benefit from the hospitality sector. Again, reflecting on the fact that Bermudians are actually experts in what they do when it comes to providing service. We also know, based upon a recent media report, that fellow Member MP Scott Simmons has been rewarded for his consistency and persistence in service and has been promoted at the Coral Beach. And many others also work in the industry and, if not directly in the industry, in those industries that are ancillary to the hospitality sector. I note also that in the Order one of the conditions for The Loren is to ensure that there is effective management training. I want to take this opportunity to encourage Bermudians to avail themselves of the opportunity, especially if they are maybe a bit younger because, as I said earlier, sometimes the working hours are not sociable, but the benefits are there. And you cannot expect to enter the industry, for example in year one, and to be a senior manager in year two. It takes time and investment, and it may take five years or more. And it is definitely, again, a rewarding opportunity while you are younger. And I might add also that before you establish families and other ties, take ad-vantage now because in this context The Loren must provide the training in order to continue to receive the concessions. So there is definitely a win- win opportunity. Going back a bit, I guess, al so is that Bermuda remains in the context of having substantial physi-cal beauty and as a result we—and when I say “we” I mean the residents —almost take it for granted. But I know, and I am sure you do know also, Mr. Speaker, and others, that the first comments of many visitors is, Wow! The water is so blue; the houses are so pretty because of the pastel colours and the white rooftops. And so, yes, Bermuda is physically beautiful. Many people sometimes make negative comments. But even our roads, for our sta ndard, yes, they can be improved. There is no question about that. But persons still comment on how good the roadways are. The fact that the roadways are very well kept in terms of the bushes and those sorts of things, the trash is almost non- existent in many cases. And so what I am trying to encourage now is for us to be more positive about what we see and not take things for granted. Because for those of us who are often in the presence of visitors, these are the comments that we hear from them and that c an be exemplified. Mr. Speaker, a recent quote has been that good service must be more than the absence of complaints, but rather the presence of compliments. I will say that again. Good service must be more than the absence of complaints, but rather the presence of compliments. As an example, the Marriott, I believe are well known for speaking to you by name if you are a repeat visitor. However, because they are now known for that, they must even raise their bar and do more because people are just going t o expect that. And so, again, going back to my recent quote, it is not about complaints, it is more about the wow factor, exceeding expectations, and in that context trying to ensure that you are able to anticipate visitor’s needs before they actually speak them. Which may sound kind of difficult, but as we get more and more into this . . . and this is where places like The Loren come to the fore because they are able to anticipate what guests would like, what guests would need and therefore you get the wow factor and you do not mind paying what are the higher rates for hotel accommodation. I want to also give a quick example of what happened recently. I do not know if it is appropriate to name the establishment, but I will do that to say that there is an employee, her name is Ms. Felicia Scott, and she is a Fairmont Gold Manager at Hamilton Princess. There were some guests who were arriving and she was not sure of the exact time that they were going to be at the hotel. So she took the initiative and called ahead to find out what time they would be landing and therefore have a better [idea of] when they would get to the hotel because she wanted to make sure that she and her team were fully prepared for them to arrive. That is an example, Mr. Speaker, of going over and above. The guests themselves may not know that was what she did, but what they experi-enced was that immediate reception when they ar-rived because everything would have been in place. And that is another example of how we must go forth and exceed expectations. I will say also, Mr. Speaker, that The Loren investment is actually amplified by several high- end residential developments that are taking place in Bermuda right now. And some, Mr. Speaker, may say that Bermuda has a significant downturn and some negative comments in the context of tourism, but the fact that The Loren has already made the investment, and the Premier has said that the total investment is about $80 million, there are several high- end homes being developed also in that same area . If you drive toward The Loren, headed toward St. George’s, for example,
Bermuda House of Assembly you will see there are at least four high- end homes begin developed. What that means is that people do have confidence in Bermuda going forward. Because if you build a house that is going to cost “X” million, you cannot turnaround and sell it the next day. Which means you must have some confidence in Bermuda’s economic future over the next five or 10 years to make that initial investment. And as others have said already, Mr. King, who is the owner of The Loren, would have had the same vision in terms of spending that much money. He needs, of course, to get a return on that, so, again, that speaks to the fact that there are those who have the means who have the confidence in Bermuda, a nd we need to continue to build on that. When it comes to these developments, of course, Mr. Speaker, the economic impact is quite extensive. By way of note, it will impact most immediately the construction which includes all trades — plumbers, electricians (and the rest of them), architects to design the places, interior decorators, truckers, personal staff, taxis, limousines, restaurants, and leisure activities. And with that regard, I have been surprised to note (to be honest) that beyond golf, which every one speaks to as being one of those quick leisure activities, is that tennis is actually very much high on a person’s agenda when they come to the Island. They want to book and play tennis. And sometimes I see that when they come with multiple tennis racquets, for example. Medical services are also impacted. That was another one that was a surprise to me. But in previous debates persons have commented on how visitors to Bermuda have a positive impact on the hospital revenues. And I was surprised by that. B ut, again, it is good to see that even that does have an impact. Mr. Speaker, I am going to close [with] one more anecdote (if you will). One is to say that we know that now, almost worldwide I guess, as a result of COVID -19 and the inability to travel, we are now seeing what we want to call “intergenerational travel” in that you see people coming to the Island now where they have grandparents, the parents and younger children, [together] having a continued interest in Bermuda. And again, they benefit from what they see and what they perceive as a value. But I will say this. I recently had an experience whereby a person had come to the Island, he was a personal assistant to another traveller and he wanted to arrange transportation. He told me that this pers on was used to high- end travel and wanted to experience a limousine service. So they got the limousine service and they paid for it, and he wasn’t totally happy with the service. And he told me, Anthony, I am prepared to pay much more for the limousine ser vice; however, those who provide the service must understand that we expect a certain level of dress code, the actual vehicle should be clean, the driver themselves should have a positive attitude and be punctual. And within those few parameters they are not price conscious; they are prepared to pay for it. So, I will end where I started, which is to say that in the context of what The Loren has done, they have been successful. They do not charge low rates; they charge higher rates, which is all part of the process. But one of their successes is tied to the idea that the actual and perceived value of what you are getting in staying at The Loren meets what you need and, therefore, you do not walk away from there feel-ing, Oh, wow, I have either spent too much or I have wasted my money. So, for Bermuda, that is where we are. We need to understand that we are not an inexpensive jurisdiction. But if people who come to the Island see, or perceive, rather, that the value in what they are getting is acceptable to the payment then we will be good to go. And so let’s all work together, number one, congratulate Mr. King. Congratulate the Government in this current Order, but to move forward with a positive perspective on the fact that Bermuda is good, can be better, and if the visitors to the Island do receive actual or perceived value, then we will be okay. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Would any other Member like to make a contribution at this time?
Some Hon. Members Some Hon. MembersYes, Mr. Speaker.
The SpeakerThe SpeakerYes, MP Simmons . . . Oh, Deputy Speaker! [Crosstalk] Hon. Derrick V. Burgess, Sr.: Mr. Speaker, thank you. Thank you for giving me this opportunity, Mr. Speaker. Mr. Speaker, I also want to thank Mr. King for having confidence in Bermuda, as we all know that Bermuda is a …
Yes, MP Simmons . . . Oh, Deputy Speaker! [Crosstalk] Hon. Derrick V. Burgess, Sr.: Mr. Speaker, thank you. Thank you for giving me this opportunity, Mr. Speaker. Mr. Speaker, I also want to thank Mr. King for having confidence in Bermuda, as we all know that Bermuda is a very expensive place to operate. But let me say, Mr. Speaker, that the Pink Beach property has always been a high- end property. Even before The Loren got there, they had one of the highest standards in Bermuda and they had tha t high standard with 98 per cent Bermudians working there. They had one of the highest Bermudian to foreign worker ratios, as most of the cottage colonies, Coral Beach and the rest of them. But I think Pink Beach is probably one of the highest. And the for eign staff was mainly in the kitchen and in the grounds. But even in the dining room at Pink Beach, the majority were Bermudians. Mr. Speaker, the Hotels Concession Act (and you would remember this) was introduced to Bermuda by, I believe it was David Allen back in 1999 or 2000, 202 10 December 2021 Official Hansard Report
Bermuda House of Assembly and it has continued from there. And when it was first brought in it was a five- year extension, but we hav e increased it to 10 [years]. And I understand that be-cause Bermuda has gotten even more expensive to operate in. Also, in that [Hotels] Concession Act was about training of Bermudians and also hiring Bermudian entertainers. I don’t think that we have moni tored that as well as we could have from the start. And I just would just ask that we monitor that, look at it again because it required not only management staff and the likes but also entertaining, Mr. Speaker. Mr. Speaker, I know the Opposition Leader asked about how much this would cost, and as our Premier said in his speech, this is worth about $7.5 million over the life of the . . . as per the Order. So, Pink Beach is in a great area. In fact, it is just across from my Uncle Hedley’s estate. That would be Cole’s grandfather. But it is a wonderful property. It always has been. And it has always been an example to Bermudians and produced a lot of good Bermudians there as maître d's and heads of the housekeeping department and all of the other amenities . At Pink Beach, their service there . . . they used to serve the guests breakfast in the room. And the room attendants, they were the ones who pre-pared the breakfast in the rooms. And they would go out . . . they weren’t required to, but they would go out and pick flowers from the gardens and put them in the rooms. So, as I said, [it] has always been a high - standard property. And I am so glad that The Loren has come in and kept that high standard that Pink Beaches are well known for. And let’s hope that o ne day we can have the same ratio of Bermudians as we had during the former owners, as high as 98 per cent. Mr. Speaker, thank you for [allowing me to make] those brief remarks.
The SpeakerThe SpeakerThank you, Deputy Speaker. Would any other Member like to make a contribution at this time?
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. I am going to continue where the previous speaker left off. I think one of the things that was al-luded to earlier by an earlier speaker that this was an [Act] that began in one administration and was carried on by ours. But there was a …
Thank you, Mr. Speaker. I am going to continue where the previous speaker left off. I think one of the things that was al-luded to earlier by an earlier speaker that this was an [Act] that began in one administration and was carried on by ours. But there was a key difference that I think should not be lost to posterity. Under our Government we raised the percentage of Bermudian employment required to earn these exemptions and this relief, which I think is important because Bermudians at our best are phenomenal in this industry, world class. And I think that this was an important change that we as a Government felt was important to ensur e that we provide incentives alongside relief for Bermudians to be employed and to be in an industry that we are world class in at our best. As the speaker before me, the Honourable Member, the Deputy Speaker of the House, said, we have to be vigilant on this. And I mean this with no disrespect to any of our hospitality partners, because I believe a good many of them do their best. But having worked in the industry, I am aware of the anomalies that occur. And so as part of the requirements of this relief, we must ensure that Bermudians are being hired, that Bermudians are being trained, that Bermudians are being promoted. And I would think it not robbery that there actually be an annual accounting of this reported to this House to ensure that not only is the Minister aware but the country is aware that they are keeping up to their commitments. Mr. Speaker, I had quite a good time working with Mr. King during my time as the Tourism Minister. He is an innovator. He does not see Bermuda as a place for the nearly dead and the newlywed. He was constantly look at ways to innovate his product, innovate our country, find ways to tap into the fact that wealth and prosperity are no longer just old and white. It is becoming younger and more diverse, and they want to h ave fun. They want to do things. He gets that. And I think in that regard he is an important part-ner in our tourism future. He is has done some amazing things and has had some amazing events at his hotel. And I think that he is a voice worthy of being at the table and being heard. And I think that if we continue to be an attractive destination for investment, this is the type of people you want to get who are going to drive innovation, drive future tourism, and push us away from the reputation of the nearl y dead and the newlywed. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution?
The SpeakerThe SpeakerNo problem. Bermuda House of Assembly Ms. Crystal Caesar: Okay, I think we have got it now. Yes. Okay. The quote is, “The focus of entertaining is impressing others; the focus of true hospitality is serving others.” I want to commend The Loren at this juncture for its commitment to …
No problem.
Bermuda House of Assembly Ms. Crystal Caesar: Okay, I think we have got it now. Yes. Okay. The quote is, “The focus of entertaining is impressing others; the focus of true hospitality is serving others.” I want to commend The Loren at this juncture for its commitment to training up Bermudians. And I want to also appeal to anyone, young and seasoned, who is interested in this particular industry because it is a mark of honour to serve. And as one of my previous colleagues indicated, service does not mean ser-vitude. It would be good for many of us to not e— many young people and seasoned people— that the programmes that The Loren has highlighted offer a range from leadership to management training, development, organisational skills, customer service, train-the-trainer, and luxury brand management. Some of these we can use in our daily lives. And I think that what young people and not -so-young people will find is that in taking part in some of these training pro-grammes at The Loren they potentially . . . it will spill over into their personal and social lives . So, I want to commend The Loren for being committed to Bermuda and Bermudians for giving people the opportunity to train in a very noble industry. Again, I note that they are planning to train people not just for line work, but also for middle and upper management. And I think that someone could be hired there and see themselves eventually becoming, who knows, a GM [general manager] of a busi-ness, maybe there or maybe at some other property. But I was able to present this particular type of legislation, which was the Tourism Investment Act 2017, in another place. And I must say that I am happy to see that businesses are actually taking advantage of it because it does give the businesses an opportunity to grow their business and also shows us, the Bermudian public and the Government, that they are serious about investing in Bermuda and that we are serious in assisting them in making this happen. Again, I wanted to appeal to those who may have thought that in the past, you know, Tourism is dead. There isn ’t anything for me in this industry. I must declare my interests; I do work for a hotel property. And I must say that there is a level of satisfaction in working in this type of industry on a daily basis that makes one proud of what they do. And as we know , Bermuda has been known in years past for having service people who were second to none. And The Loren is going to be offering that to a large sector of Bermudians, or a good sector of Bermudians, and hopefully we will see people progress and make themsel ves management material, because, again, service is a very noble industry. I note that there are certain concessions that The Loren will be getting, and I would like to just make note of them yet again, or what they will be doing with some of these concessions. And what they are doing, it is a five -star luxury boutique hotel. They are going to be adding a full spa . . . I’m sorry, it has a full spa but they are going to be making additions to all of their developments. It is a high- end property, but again, with high -end property comes high- end service, high - end training, and anybody would be well served to take advantage of the training programme that the Sardis Developments group is going to be offering. It was formerly known as Pink Beach. It is now obvi ously The Loren. We know that it has become a staple in the current offerings for tourism in Bermuda. And it is very well known, not just locally, but also internationally. So, again, they have to be commended for continuing to make investment not just in Bermuda but also in Bermudians, helping people to grow in the hospitality industry and just grow as a whole individual. As I mentioned earlier, I note that some of the training programmes are not just about hospitality, not just about service, it is about growing the whole person. I think that more people would be well served by considering hospitality or a hotel industry, a noble one. I do not think that we have given it as much esteem as [we did] in the past. But it definitely is an industry where you can go to work on a daily basis and know that you have done something to make someone’s stay a pleasurable one. And it does not necessarily mean that it has to be a tourist. It could also be someone who stays locally. And you can take pride in knowing that o n a daily basis you have met someone’s needs. And it can have somewhat selfish motives in that one can feel that they are doing something good for someone else, which feels good to oneself. But in all that to say, as I first mentioned, the focus of entert aining is impressing others; the focus of true hospitality is serving others. And with those brief remarks, I would like to just say that I fully support the Tourism Investment (The Loren at Pink Beach) Order 202[1] to go forward. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time? Any other Member? None. Premier, would you like to wrap up? Hon. E. David Burt: Thank you, Mr. Speaker. I will endeavour to do so and will endeavour to answer the questions of which …
Thank you, Honourable Member. Does any other Member wish to make a contribution at this time? Any other Member? None. Premier, would you like to wrap up? Hon. E. David Burt: Thank you, Mr. Speaker. I will endeavour to do so and will endeavour to answer the questions of which have been raised. First of all, I would like to thank Honourable Members for their support. Certainly, one of the things that we have to recognise is that it is vital that for t ourism to work in Bermuda we have to be appropriately positioned in the market. And whether it is properties such as The Loren, the new St. Regis Hotel, redevelopment is taking place at Azura, new ownership at 204 10 December 2021 Official Hansard Report
Bermuda House of Assembly Cambridge Beaches with the intent to invest funds there, and the redevelopment to the Fairmont Southampton. There is a repositioning that is required for Bermuda tourism and properties such as this do assist. I certainly take on board the questions and comments from Members, and I will do my best to answer those questions which have been put forward. One thing, Mr. Speaker, is that it is important to recognise that the Honourable Member for constituency 33, who was the Minister at the time when the Tourism Investment Act came into force, spoke most specifically about the differences between this particular Act and the Tourism Investment Act and the requirements under the Tourism Investment Act versus the requirements under the Hotels Concession Act. I think that it is important for us to understand that. The Hotels Concession Act stated that training programmes were able to be put into place. And there was an amount of payroll tax concessions that were offered to offset any amount which was spent on training. But it was training in general. In the Tourism Investment Act, recognising the history in Bermuda of persons coming into the industry, Bermudians coming into the industry feeling that they cannot move up the industry and then exiting the industry, the Tourism Investment Act specifically speaks not only to general training, because general training is required, and also the fact that the Tourism Investment Act now requires 70 per cent Bermudian employment in these properties, which was not previously existing specifically in the Hotels Concession Ac t. But what the Tourism Investment Act also requires, very specifically, is management training pro-grammes which must be signed off and certified by the Minister responsible for Workforce Development on an annual basis for any property to be eligible for the tax concessions which exist. So, I just want to make sure that I give that context, because I think that it is important for persons to recognise. The previous Hotels Concession Order did not require management training to take place. It offered a concession for the amounts of which were spent on training for staff. And those amounts had to be submitted as per the Act, audited financials, so that matters could be offset against. Now in my brief, Mr. Speaker, I had spoken to the fact that the Hotels Concession Order for Pink Beach under the 2015 Order, the total amount of concessions that were eligible for the Pink Beach was $7.59 million. Now it is important that I say “eligible” because remember the Hotels Concession Order offers basically a rebate or offers the ability for someone to write off expenses for money that is invested in marketing the jurisdiction, money that is invested in local entertainment or money that is invested in train-ing. So, for a hotel, I mean, The Loren at Pink Beach is not as large as the Hamilton Princess and Beach Club and/or the St. Regis or even the Fairmont Southampton or other types of properties, Grotto Bay, et cetera. So, the amount of quantum of which is being spent on marketing may not be as high, but I am happy to give specific figures on the amounts for the four years that would be ending in 2017, 2018, 2019, 2020, as the year 2021 has not yet closed, so we would not have figures for 2021. What I can say is that the total amount of concessions that have been awar ded to the hotel property itself is in the amount of $3,093,295. And that is the total amount of concessions that have been offered. And, Mr. Speaker, I think it is important to note that this $7.59 million figure is for amounts that are outside of customs duty. Customs duty cannot necessarily be quantified because it is an amount of money that is invested, whereas the other specific figures say a maximum of $1.2 million for the first year and a million dollars on the subsequent years, et cetera, et cetera. And on that basis are the total amounts that [are] specifically against that $7.59 million figure which was the [maximum]. The amount of concessions to date is $2,162,882. So, key point. And the amount of money that has been claimed back on customs duty is $930,413, and that is direct to The Loren at Pink Beach. There certainly were some duty concessions on the construction side, but there was a complex ex-ercise making sure that those were properly assigned to contractors, et cetera. So, I just want to m ake sure that this point is made crystal clear, Mr. Speaker, for Honourable Members because it is certainly important that we understand how these particular items are structured. So, though there is an allowance for $7.59 million, if the hotel does not s pend the maximum amount of money on marketing, the maximum amount of money on entertainment, the maximum amount of money on training, they do not get that concession. They have to demonstrate by audited financials that they have actually done so, under the old Act. The new Order of which we are putting forward, of course, puts forward the specific issues regarding what persons must contribute and what must be paid. And so this particular Order itself of course, Mr. Speaker, gives the property the opportuni ty to have full exemption from hotel occupancy tax, otherwise payable in respect for a period of five years. And also full exemption from the employer’s share of payroll tax. But what is important is that they do not get this unless they do have the sign- off from the Minister responsible for Workforce Development, that they do have a training programme in operation. And also, as the Honourable Member from constituency 33 said, maintaining the number of employees who are Bermudian at 70 per cent. And that is specified in the Act, which is different from what was specified previously. So there are more protections and more, I guess I would say, incentives and requirements and necessity for persons who are making these hotels
Bermuda House of Assembly [and seeking] these concessions, t o ensure that they hire and train and develop Bermudians inside of the industry. The Honourable Opposition Leader asked a number of questions. One of the questions he asked was for the number of persons who have been trained. I cannot speak to the specific number of persons who have been trained. I can endeavour to try to get that information. But what I can speak to is the amount of which has been claimed against the training concession for the years, and that is $220,409. There was also a question in regard to overseas training. The Loren of course that opened in Bermuda is the first Loren that opened worldwide. The service development s in C12 investments with Stephen King are building additional Loren properties throughout the world. And after those properties come into operation certainly there will be an opportunity for Bermudians who are working in The Loren in Bermuda to have cross training in other jurisdictions. But at this point in time that overseas training, unlike with the Fairmont or other plac es where there are overseas development opportunities that are given to hotels which are within the brand, that is not necessarily applicable at this time. The next question which was asked by the Honourable Opposition Leader was the question in regard to hotel occupancy. Well, I can state very clearly to the Honourable Member that hotel occupancy for the last year and certainly this year is significantly reduced due to the impact of the pandemic. But I do understand the Honourable Opposition Leader’s perspective. There was a question as if to say, you know, if the properties make a significant amount of money, should the concession not be able to be varied? There is the power to certainly vary the conces-sion, and I would love to be in a position that hotels were in occupancy at that level. The fact is that we are not there yet and we do recognise that it is going to . . . the Government has not projected that until 2023 that we will return to tourism in a state that we had seen pre- pandemic. There was a fur ther question that was asked insofar as to the length of time that it has taken from application to where we are today. It kind of feeds into the previous question of which the Honourable Opposition Leader had asked. These things are examined because we ar e talking about future revenue from the Treasury. And future revenue from the Treasury is something that has to be gotten because the Gov-ernment must continue to ensure that it funds its operations. So, requests are made, the officials within the Ministry staff who deal with tourism policy matters assess what has been submitted, and make sure that what is being asked for is appropriate. Those matters get vetted and discussed and also discussed with the Ministry of Finance before they are brought to the Cabinet for consideration for approval and drafting instructions to go to the Attorney General’s Chambers so these matters can be advanced. What is important is that this matter is being concluded and will hopefully be approved by the Legislature today, by th e House today in another place, and then the Order can go into place prior to the Hotels Concession Act expiring. But it is vital that we do our due diligence. And what is important is to know that there is regular engagement with hotel owners and official s who work on the Government side of tourism on a regular basis to make sure that we are keeping in touch with hotel owners, hotel managers to know what their needs are and that continued work and that continued engagement happen on a regular basis. So, I do not consider it a question of delay. And I certainly do not consider it a question of respon-siveness. But I think as we have heard from Honourable Members [what] is important [is] that we have to not only trust but verify what is being stated, [that the y are] actual events, because we are dealing with future tax revenue from the public purse. I think the fourth question I had written down here was the total value of concessions going forward over the term. The view of that is that the total value [of th e concessions] would be, from hotel occupancy tax, $2.5 million; from land tax $600,000; and from payroll tax $750,000 going forward. Give me one second, Mr. Speaker, let me just . . . I read that from an email, but I want to make sure that I am giving proper and complete information to the House.
[Pause]
Hon. E. David Burt: Just for clarity of what I have said, Mr. Speaker, it is important to note that the new Tourism Investment Order, this is part of what I spoke to previously when I said that these things come in, there are requests which may come in and the Government considers what is appropriate in the regard. Not all the full suites of concessions may be offered, not all the full lengths of concessions may be offered. It is done on what w e believe is appropriate based upon what is submitted by developers in consultation with Ministry officials and the Minister of Finance. So, it is important to note that this extension of the Tourism Investment Order from the Hotels Con-cession Order only provides relief from hotel occu-pancy tax, which will be payable, and also the employer’s share of payroll tax that is available. So there is not a land tax portion for the new one, even though there was a land tax portion for the former Hotels Concession O rder. So, with that, Mr. Speaker, I do believe that I have answered all the questions. I appreciate Member’s comments in regard to the fact that it is important to make sure that hotels are actually living up to their word. And inside of this particular piece of leg206 10 December 2021 Official Hansard Report
Bermuda House of Assembly islation, unlike previously, there is the requirement for the annual sign- off by the Minister who has responsibility for Workforce Development, that he is satisfied that there is an adequate training programme for management, [a] training progr amme for Bermudians in the hotel. And if that is not certified then the concessions which have been granted by this Order in this Honourable House will not be applied. And so, hotels do not have an obligation to do so, but if they want to access the conces sions they must do so. With that, Mr. Speaker, I move that the said draft Order be approved and that a suitable message be sent to Her Excellency the Governor.
The SpeakerThe SpeakerMembers, are there any objections to that? No objections. The item has been approved and the appropriate message will be sent. [Motion carried: The Draft Order entitled the Tourism Investment (The Loren at Pink Beach) Order 2021 was approved.]
The SpeakerThe SpeakerThank you, Members. We will now move on to the second item on the Orders of the Day which is the consideration of the Public Health (COVID -19) Emergency Extension (No. 7) Order 2021 in the name of the Minister of Health. Minister, would you like to present your matter …
Thank you, Members. We will now move on to the second item on the Orders of the Day which is the consideration of the Public Health (COVID -19) Emergency Extension (No. 7) Order 2021 in the name of the Minister of Health. Minister, would you like to present your matter at this time? Hon. Kim N. Wilson: Thank you. Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerGood afternoon. Hon. Kim N. Wilson: Mr. Speaker, I move that consideration be given to the draft Order entitled the Public Health (COVID -19) Emergency Extension (No. 7) Order 2021 proposed to be made by the Minister of Healt h in exercise of the power conferred by section 107A of …
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Minister. DRAFT ORDER PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION (NO. 7) ORDER 2021 Hon. Kim N. Wilson: Thank you. Mr. Speaker, I am pleased to invite this Honourable Chamber to consider the Order entitled Public Health (COVID -19) Emergency Extension (N o. …
Are there any objections? There are none. Continue, Minister.
DRAFT ORDER
PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION (NO. 7) ORDER 2021
Hon. Kim N. Wilson: Thank you. Mr. Speaker, I am pleased to invite this Honourable Chamber to consider the Order entitled Public Health (COVID -19) Emergency Extension (N o. 7) Order 2021 . Mr. Speaker, Members will be aware that the current Public Health Emergency Order is scheduled to lapse on 28 January 2022. The Emergency Orders, which have been in place since 30 June 2020, following the state of emergency put in place on 1 April 2020 were made pursuant to section 107A of the Public Health Act 1949 and declared that a public health emergency exists in Bermuda due to a communicable disease that poses a threat to the Island. Mr. Speaker, we live on a very small Island, and as we all know from previous outbreaks the coronavirus that causes the disease COVID -19 spreads quickly and negatively impacts the whole community. We can slow the spread of the virus by following basic public health advice of wearing a mask to cover our nose and mouth, as well as physically distancing, practicing good hand hygiene and downloading the WeHealth Bermuda app. We can also avoid the three Cs of closed spaces, crowded places and closecontact settings. In addition, Mr. Speaker, we are fortunate in that the COVID -19 vaccine is available to any resident who wants it. As a reminder, this includes booster vaccines for all those who are 18 years of age and older, as well as for health care workers, essential and critical service workers, those with ch ronic conditions over the ages of 12 and pregnant women. To receive a booster, you must have had your second dose at least six months prior. To make an appointment for a first, second or booster jab, go to www.gov.bm . As has been seen many times, vaccines save lives. The two -dose Pfizer vaccine has been shown to be 95 per cent effective in randomised trials. Even with the highly transmittable Delta variant, the vaccine’s effectiveness remains high and early indications, Mr. Speaker, suggest that a booster jab of Pfizer provides a good defence against the newest variant of concern, Omicron. This means that as a fully vaccinated person you can still test positive and still contract COVID -19, but you are less likely to get seri ously ill, less likely to end up in the hospital, and less likely to die. Our own data in Bermuda has shown this to be true. Mr. Speaker, this does not mean that there is zero risk involved. Even if fully vaccinated, your own personal health is a key factor in determining whether you will get ill from COVID -19, and, if you do, whether you are predisposed to becoming ill enough to be hospitalised or die. Mr. Speaker, it is clear we must all learn how to live with COVID -19 because it will be with us for a long time, both locally and globally. However —and I cannot say this too many times —success in dealing with COVID -19 requires a community effort. It is a community effort because this is one of the few situations where an individual’s decision to adhere to pub-lic health measures or not impacts all of us. In this pandemic individual decisions can, and do, have Island-wide consequences.
Bermuda House of Assembly This is not the same, Mr. Speaker, as choosing not to wear a helmet or choosing not to use your seatbelt where the person you are most likely to harm is yourself. Failure to follow public health measures has a far greater impact as the virus spreads quickly throughout our Island home, affecting families, schools, businesses and more. Mr. Speaker, as the Minister of Health I consulted with the Chief Medical Officer and determined that a communicable disease of the first category, namely COVID -19, and its variants of concern continues to pose a severe threat to public health in Bermuda. To control and contain the spread of the infection, public health measures such as those provided for in regulations made pursuant to section 107B of the Public Health Act 1949 will continue to be relevant and necessary beyond 28 January 2022. This Order before us now, Mr. Speaker, will extend the P ublic Health (COVID -19) Emergency Order 2021 made under section 107A of the Public Health Act 1949 and empower the Governor to con-tinue the provision of the Public Health (COVID -19) Emergency Powers Regulation 2021, which imposed extraordinary measures nec essary in the interest of public health to prevent, control and suppress COVID - 19. Mr. Speaker, Honourable Members will be aware that the Public Health (COVID -19) Emergency Extension (No. 6) Order 2021 was made under the affirmative resolution procedure effective 29 November 2021 for 60 days, expiring on 28 January 2022 when the House is not in session. We know that the COVID -19 pandemic continues to rage on globally, exacerbated by a new variant of concern, Omicron, which has reached Bermuda. We also know that a public health emergency will continue to exist on our Island beyond 28 January 2022. Therefore, in accordance with section 107A(3) and (4) of the Public Health Act 1949, I bring the Pub-lic Health (COVID -19) Emergency Extension (No. 7) Order 2021 to this Honourable House to seek approval for the extension of the public health emergency for a further 30 days ending on 27 February 2022. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution to thi s debate? Hon. Michael H. Dunkley: Yes, good afternoon, Mr. Speaker.
The SpeakerThe SpeakerMP Dunkley, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. And let me thank the Honourable Minister Wilson for the overview in regard to the Public Health (COVID - 19) Emergency Extension (No. 7) that we debate here this afternoon. Mr. Speaker, who would have predicted …
MP Dunkley, you have the floor.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. And let me thank the Honourable Minister Wilson for the overview in regard to the Public Health (COVID - 19) Emergency Extension (No. 7) that we debate here this afternoon. Mr. Speaker, who would have predicted last summer that we would certainly still be so concerned about COVID -19 as we are at the present time? Certainly, who would have predicted two summers ago that we would be in this position? We have seen the ebb and flow of COVID -19 really strengthen its lock on our daily liv ing and we have seen it loosened a bit with the number of different step- ups of the virus gripping our shores and the flare- up of positive cases over a period of time. Mr. Speaker, it is interesting, I think, and quite frustrating, for many Bermudians to know that there are many variants now that have been identified as offshoots of COVID -19. When Delta became known throughout the world and certainly rocked the world, it took a grip on Bermuda, it was something that made us question the journey we have been on and what type of journey the next coming months would be. But we made it through Delta. And then the latest variant, Omicron, came about and that sent waves of fear throughout the world certainly over the past week or 10 days as it has been identified and now more and more is being known about it. So the fact is that in the coming months, and perhaps years, it would be very likely that we will continue to face variants becoming known, having impact in our community and certainly forcing governments ar ound the world to take action which they believe is in the best interests of the people who they serve. Now, Mr. Speaker, I think it is very clear to all Members of this Honourable Chamber that these emergency Orders that have now been extended six times , with the seventh Order here, allow decisions to be made by Government and then action to be taken very quickly after those decisions have been made. And I think that is very important when we deal with a very real crisis such as the COVID -19 pandemic. But having said that, Mr. Speaker, we also must understand and respect that many people are certainly very worn out through this whole experience. Many people have had their lives changed drastically through this experience. Many people have lost loved ones through this experience and many people are now suffering to a great extent because of conditions that the pandemic has imposed by the restrictions enforced or because of changes to what has taken place in their lifestyle, whether it is not being able to work, whether it is being limited work, whether it is being locked at home, whether it has been mental health challenges, people are worn out and struggling and suffering, Mr. Speaker. So, as Members of Parliament, we need to do all we can to understand a nd respect what people are going through and try to make the rest of this journey easier for the people in the country. And that is quite a difficult thing to do because everyone has experienced [and viewed] their life through this pandemic 208 10 December 2021 Official Hansard Report
Bermuda House of Assembly [through] a dif ferent lens. But we have all been rocked by it in more than one way. But, Mr. Speaker, it is also very difficult to do because over the coming months I do not think anybody has a crystal ball on where we are going to go, what things are going to look lik e. Even at Christmastime, which is only two weeks away, or even by the end of January or the end of February, or as we come into next spring. And so we support this extension because we believe it is necessary to allow Government to be able to make decisio ns with proper consultation, to allow the Government to then take action quickly. That is what is required when you face a pandemic, especially one that seems to travel very quickly all over the world, Mr. Speaker. However, what I would like to hear from the Honourable Minister of Health, as she gets the oppor-tunity to wrap up at the end of this debate, is what does the Minister anticipate the next few months will look like? Now, that is not a loaded question, Mr. Speaker. But I think the people of Bermuda would appreciate having more of an understanding from the Minister of Health who is in constant contact with health officials and experts on a daily basis, about what they anticipate will take place. We clearly knew that there would be more variants involved with COVID -19, so going forward, what type of restrictions does the Government think might be necessary over the next couple of months? We have been through the whole myriad of those restrictions, and currently we are in a better place than we have been for much of the past 20 months. But that does not mean that this situation cannot change. And certainly, we have seen in the past, Mr. Speaker, as we have gone through special periods in our yearly calendar, such as Cup Match, that we have seen a spike in COVID -19 cases because we have let our guard down. People have fallen back from the personal responsibility that we all need to take in dealing with COVID -19. So, I look for the Honourable Minister to just share her personal view after listening to th e health experts that she takes advice from, what should we expect through the Christmas period as far as re-strictions are concerned? What should we expect as we get into January and February and the end of this extension Order, Mr. Speaker? I think it wil l help Bermudians along the journey of dealing with COVID -19 as we start to enter, as we get close to entering, the third year of it being upon us, because it was March in 2020 when it first started. So, we will be entering the third year in a couple of sh ort months. Now, I think we all understand the challenge that we face. We all understand how we can help make our lives easier through this by wearing masks, by proper social distancing, by good hand hygiene, by getting vaccinated, by avoiding large crow ds and by keeping a very tight bubble in our family life, protecting ourselves and protecting other people. I think Bermudians understand that. And the vast majority of Bermudians, Mr. Speaker, have done a good job of following all these guidelines and res trictions. Unfortunately, we have been let down by a small minority of people. But I think Bermudians would get some better understanding and some comfort with a better idea of the critical thinking that Government is putting in place in extending this Or der. Not that we just need it because something might happen, but we need it be-cause this is what we see on the horizon, and we would like to be flexible. And we understand the dire need to be flexible and make decisions quickly during the public health emergency. So, with those comments, Mr. Speaker, I would urge all Bermudians to not let their guard down. We have had a very difficult 20 months, 22 months, moving through this pandemic. Christmas offers the spirit of hope and faith, and that is something t hat I think many Bermudians will be looking forward to. But it also provides the opportunity for us to let our guard down and fall back again in this battle against COVID - 19. And we cannot do that! So, Mr. Speaker, I would urge everyone just to keep your guard up. To do the best that you can, keep your bubbles as small as you can. Protect yourselves and protect other people and we can continue to see small steps as we get back to a more normal way of life and a way of life that is more comfortable for all of us. We are not out of the woods yet. We still have a bit of a journey to go. But if we continue to be realistic about the challenges we face, if we continue to understand the critical need to follow all of the re-strictions that are imposed and to the good practices that have been successful through this virus, I think we can get there. If Government continues to communicate and give [an outlook] to the people who we serve on what is the best way forward and what we expect, I think it would help this journey a little bit for all of us. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerAll right, sir. Bermuda House of Assembly Mr. Christopher Famous: Mr. Speaker, I f ound the comments of the previous speaker on this floor interestin g because I can remember clearly just about a month ago there were chimes to (what is the word I want to use?) loosen up …
All right, sir.
Bermuda House of Assembly Mr. Christopher Famous: Mr. Speaker, I f ound the comments of the previous speaker on this floor interestin g because I can remember clearly just about a month ago there were chimes to (what is the word I want to use?) loosen up restrictions, stop being so rigid. And in that time period, Mr. Speaker, the world has seen rising COVID -19 numbers in European nations . We have seen a new variant. And now we see new restrictions. A month ago, Mr. Speaker, one could get a test 72 hours in advance, and then get on a plane and go to America. A month before that, one did not even have to be vaccinated. Now, in order to get into America, you have to (a) be fully vaccinated and (b) you have to take a test within 24 hours before you get there. So, the point is that regulations are fluid, and they are there to combat the rise of variants and/or infection rates. Mr. Speaker, I just left from what some would call our “mother country.” Ms. Lovitta F. Foggo: Point of information, Mr. Speaker.
Ms. Lovitta F. FoggoSure. Thank you, MP. I believe that the getting vaccinated in order to travel has not been passed into law in the United States yet, which is why the . . . what do you call it , the Immigration . . . the Customs officers do not ask for …
Sure. Thank you, MP. I believe that the getting vaccinated in order to travel has not been passed into law in the United States yet, which is why the . . . what do you call it , the Immigration . . . the Customs officers do not ask for verification or credentials with respect to vaccina-tion. That is my understanding. So I jus t thought I would say that, Member. Even though it is something that they said they are going to do, I do not think that this has become law yet.
Mr. Christo pher FamousMr. Speaker, the point I am getting at is that countries around the world, in-cluding what some would call our “mother country,” bring in regulations as they see fit, rightly or wrongly. I was in some people’s mother country up until yesterday, and literally overnight one week ago it went …
Mr. Speaker, the point I am getting at is that countries around the world, in-cluding what some would call our “mother country,” bring in regulations as they see fit, rightly or wrongly. I was in some people’s mother country up until yesterday, and literally overnight one week ago it went from anyone traveling into the country has to do an antigen test on the second day of arrival to now , that they have to do a PCR test on the second day of arrival. That has caused a bit of chaos because, unlike Bermuda, where we freely do testing for our citizens and our visitors, in the United Kingdom one has to pay for a test. Not only pay, but they have to stand in line out in the cold for hours to get a test if they wish to travel or if they have returned from travelling. So, when I compare what I see in Bermuda and how we have handled COVID -19, up until last week, Mr. Speaker, people in the UK were walking around with no masks; going into a restaurant, no SafeKey; going onto a bus, no mask; going into a r estaurant, no mask. Now they have a spike in COVID -19. I wonder why. So, I applaud that throughout all the challenges that we face as a country the Minister of Health with science as her . . . not her personal background but scientists working for the Mi nistry of Health providing information has helped to guide our country through the chaos that we see in other countries. So, I implore the public don’t listen to the naysayers. Don’t listen to the hype that is on the Internet. And don’t lis-ten to some poli ticians who are saying, ‘Loosen the regulations’ because they obviously did not read the play. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution? There are none, Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. And I thank the Honourable Member who just spoke prior to me for his submissions and his keen observations with respect to what is going …
Thank you, Honourable Member. Does any other Member wish to make a contribution? There are none, Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. And I thank the Honourable Member who just spoke prior to me for his submissions and his keen observations with respect to what is going on in other jurisdictions. And if I could just emphasise what he said with respect to the decision that we as a Government are making, we are certainly making them in the best interests of the public as well as bearing in mind the evidence and the scientific and medical information that we have at our disposal. 210 10 December 2021 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, the Member who spoke prior, the MP from constituency . . . MP Dunkley. (I am sorry, I do not remember the number right now.) [He] asked for me to try to provide my personal view as to what do I anticipate the next few months would look like. But I cannot help but i ndicate in my answer the response that he made when he did his submissions which is that none of us have a crystal ball. But what I can say, and I will repeat this again, is that the Government is committed to making decisions that are in the best interest s of the people at large, recognising the information that we have at our disposal scientifically, medically and the like. We know that we are all suffering from COVID -19 fatigue. Two weeks ago we did not even have the Omicron variant. So the reality is t hat this is not a fluid situation, as MP Famous spoke about. And we have to ensure that we take steps to best protect ourselves. We all know of people who have suffered economically, physically, mentally, emotionally, suffered loss of loved ones, have been unable to attend funerals of loved ones, and there is a myriad of circumstances that we all know personally and/or through our constituents or our family members who have suffered through COVID -19. And the reality is that it is going to be here for quite some time. We have things at our disposal to help minimise the disease, such as use of the vaccinations and the boosters which are also now available. And, Mr. Speaker, we just have to also recognise that as a community the decisions that we make surround ing COVID -19 and surrounding the public health measures will impact us all. As I said previously, it is not a situation such as if I decide to speed up the road and not wear my seatbelt where I may be impacting my own safety. These issues far exceed not adhering to public health measures, Mr. Speaker, far exceed my own safety. They will impact adversely potentially my family, my neighbours and the extended community. And with that, Mr. Speaker, I thank Honourable Members for their input and submissions, and I would like to move that the said draft Order be ap-proved and that a suitable message be sent to Her Excellency the Governor.
The SpeakerThe SpeakerAre there any objections? There are none. The Order has passed, and the appropriate message will be drafted and sent. Hon. Kim N. Wilson: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Thank you, Members. [Motion carried: The draft Order entitled Public Health (COVID -19) Emergency Extension (No. 7) Order 2021 was approved.] The Speaker: Members, that now brings us to the next item on the Order Paper for today, which is the second reading of the Insurance Amendment …
Thank you, Minister. Thank you, Members. [Motion carried: The draft Order entitled Public Health (COVID -19) Emergency Extension (No. 7) Order 2021 was approved.] The Speaker: Members, that now brings us to the next item on the Order Paper for today, which is the second reading of the Insurance Amendment Act 2021 in the name of the Minister of Finance. Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill enti tled the Insurance Amendment Act 2021 be now read the second time.
The SpeakerThe SpeakerAny objections? There are none. Continue, Minister. BILL SECOND READING INSURANCE AMENDMENT ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, the purpose of the Bill entitled the Insurance Amendment Act 2021 is to amend the Insurance Act 1978 to provide for matters related to international ly active insurance groups. Mr. …
Any objections? There are none. Continue, Minister.
BILL
SECOND READING
INSURANCE AMENDMENT ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, the purpose of the Bill entitled the Insurance Amendment Act 2021 is to amend the Insurance Act 1978 to provide for matters related to international ly active insurance groups. Mr. Speaker, Bermuda’s financial services sector is subject to the regulation and supervision of the Bermuda Monetary Authority. The Authority was established in 1969 under the Bermuda Monetary Authority Act 1969 . The Insurance Act 1978 provides the Authority with substanti ve licensing, supervision and intervention powers to regulate the insurance industry in Bermuda. Mr. Speaker, the licensing and supervisory process is prescribed by law and supplemented by subsidiary legislation and guidance notes. These detail the class es of licence based on the nature of the business and related risk, reporting requirements, statutory financial statement filings, and vetting of controller shareholders among other aspects. Mr. Speaker, in furtherance of the above the House would be aware that the Authority is a member of the International Association of Insurance Supervisors (the IAIS). Presently, the chief actuary serves as a member of the IAIS Executive Committee, while other senior members of the Authority serve as chair, chairs, and v ice chairs for several subcommittees including, but not limited to, the following: Macroprudential Committee, the Insurance Capital Standard and Comparability Task Force, and the Policy Develop-ment Committee. Mr. Speaker, by way of background the House is advised that the IAIS is a voluntary membership organisation of insurance supervisors and regulators from around the globe. Established in 1994, the IAIS is the primary international standard setting body responsible for developing and assisting in the im plementation of supervisory material for insurance supervision.
Bermuda House of Assembly Mr. Speaker, by way of explanation the IAIS has issued insurance core principles (ICPs) to encourage member jurisdictions to maintain high supervisory standards. ICPs establish the minimum requirements for effective supervision and are expected to be implemented and applied in a proportionate manner. In addition, the ICPs are applicable to the supervisor of all insurers within a jurisdiction. Accordingly, the IAIS strongly encourages implementation of the ICPs as a means to ensure that each jurisdiction has a framework for effective supervision. Mr. Speaker, the IAIS common framework, ComFrame, provides quantitative and qualitative supervisory requirements tailored to the international activity and size of internationally active insurance groups. ComFrame 23 provides that a group- wide supervisor in cooperation with other involved supervi-sors determines whether an insurance group or an insurance legal entity operating through branches is an IAIG after considering whether it meets both of the following criteria: For internationally active, premiums are written in three or more jurisdictions including Bermuda and gross written premiums outside of the home jurisdiction are at least 10 per cent of the group’s total gross written premiums. In size, based on a three- year rolling average, the total assets are at least $50 billion or total gross written premiums are at least USD$10 billion. It is expected that the group will be required to substantially meet all criteria in a definition. Mr. Speaker, in addition to the above, ComFrame 23 provides that a group- wide supervisor is required to identify the head of an IAIG on the control and risk basis as follows: The legal entity which con-trols all of the insurance legal entities within the group, and the non- insurance legal entities which pose a risk to the insurance operations. This approach is de-signed to ensure that there are no gaps or unnecessary duplication and supervision amongst jurisdictions. Mr. Sp eaker, Part IV of the [principal] Act covers matters related to the insurance group supervision. Presently, this part of the Act does not provide for matters related to internationally active insurance groups. Recognising the need to put in place a framework that provides for such powers, the 1978 Act will be amended as a consequence of this proposal as follows: Section 6A of the Act will be amended by granting the Authority the power to make Rules regarding internationally active insurance groups. A new section 27H will be added to the Act to provide for the manner in which the Authority may determine that an insurance group of which it is the current supervisor shall also qualify to be registered by the Authority as an internationally active insurance group. Mr. Speaker, the Authority will be required to initially consult with other supervisors of the insurance group, and once the agreement has been reached the Authority is required to notify the insurance group of its intention to make a determination. The insurance group shall then be allowed to make a written repre-sentation to the Authority and the Authority shall take such representations into account when making its final determination. Additionally, the Authority shall be required to publish a li st of all internationally active insurance groups on its website at www.bma.bm . Mr. Speaker, in addition to the changes to the Act, further details will be set out in Rules, together with guidance notes. As per the Authori ty’s normal custom and practice all Rules and guidance documents will also be subject to public consultation in due course. Mr. Speaker, the House is advised that the consultation process commenced in December 2020 via publication of the consultation paper entitled “In-troduction of the Concept of Internationally Active Insurance Group Proposal” together with a draft Bill. In accordance with the Authority’s normal custom and practice, a stakeholder response letter was published in February 2021 on the Authority’s website. The House is advised that there were no material objections raised to the proposal. Mr. Speaker, these amendments represent a collaborative effort between the Authority and various industry stakeholders. I would like to thank all of those persons within the Authority, the Attorney General’s Chambers, the Ministry of Finance and the private sector who have assisted with the development of this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to m ake a contribution at this time? Hon. N. H. Cole Simons: Thank you, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader, you have the floor. Hon. N. H. Cole Simons: Yes, Mr. Speaker, we on this side have no objection to the legislation or the amendment. It is clear what is trying to be done and we also note that a number of our international insurers that are domiciled …
Opposition Leader, you have the floor. Hon. N. H. Cole Simons: Yes, Mr. Speaker, we on this side have no objection to the legislation or the amendment. It is clear what is trying to be done and we also note that a number of our international insurers that are domiciled here compete and do business in multi- jurisdictions. So in light of this, it has our blessings. I just have two questions. One is operational, and I will ask the operational one first. And then one is from a business perspective. And then I will be done. The Minister just indicated that the details of these international AIGs [Active Insurance Groups] will be listed on the BMA website and you can access information on the company from the BMA website. Will this information be public information, or will it be password protected and you have to demonstrate that you have a legitimate interest in securing the infor212 10 December 2021 Official Hansard Report
Bermuda House of Assembly mation from the website? That is my administrative question. My operational question as far as the business perspective is concerned, I presume that we are talking about direct insurance and not reinsurance. And if we are talking about direct insurance, if the international company generates more than 50 per cent of its business outside of Bermuda, which is the host jurisdiction, which regulator would have primacy? Will Bermuda still be the primary regulator because of the registration of the company irrespective of the percentage of the book that is written locally? Or will an overseas regulator be the primary regulator? So, if I am writing 75 per cent of the insurance group, the reinsurance in the US, would the US regulator be the primary one versus the Bermuda regulator which is responsible because they are the host jurisdiction for the company? And those are my few questions, Mr. Speaker. Like I said, the legislation is clear and those were my only questions. So, you have the blessings of the One Bermuda Alliance team.
The SpeakerThe SpeakerThank you, Opposition Leader. Does any other Member wish to make a contribution at this time? Any other Member? There are none. Minister. Hon. Curtis L. Dick inson: Thank you, Mr. Speaker. Mr. Speaker, with respect to the first question which was administrative in nature, my assumption is that the …
Thank you, Opposition Leader. Does any other Member wish to make a contribution at this time? Any other Member? There are none. Minister. Hon. Curtis L. Dick inson: Thank you, Mr. Speaker. Mr. Speaker, with respect to the first question which was administrative in nature, my assumption is that the information, as is often the case with regulat-ed entities in Bermuda, is publicly available on the BMA site. I ca n think of no reason why, in light of the regime here, the names of the parties who would be qualified as internationally active insurance groups would require passwords for folks to be able to access who is being regulated by the BMA. Secondly, with resp ect to the second question around whether it is direct insurance or reinsurance, in my opening remarks I mentioned that there were certain criteria that would need to be evaluated in order to determine whether a company qualified as an internationally acti ve insurance group and if there would need to be dialogue between the supervisors of that group to make a determination as to whether or not they had jurisdiction with respect to regulation of that group. So, the determination ultimately will be decided by the conversations that happen among the regulators in light of the criteria that have been set out in the Act. So inasmuch as the criteria determined that the entity should be regulated by Bermuda, then that is what will happen. If it is determined that i t should happen somewhere else, then that is what will happen. If there are no further questions, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you. Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 3:49 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL INSURANCE AMENDMENT ACT 2021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consideration of the Bill entitled Insurance Amendment Act 2021 . Minister Dickinson, you have the floor. Hon. Curtis L. Dickinson: Thank you, Mr. Chairman. Mr. Chairman, I move clauses 1 through 4.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 1 provides the citation for the Bill. Clause 2 amends section 1 of the Act to insert the new definition of “internationally active insurance group.” Clause 3 amends section 6A of the Act to afford power to the Authority to regulate internationally active insurance …
Continue.
Hon. Curtis L. Dickinson: Clause 1 provides the citation for the Bill. Clause 2 amends section 1 of the Act to insert the new definition of “internationally active insurance group.” Clause 3 amends section 6A of the Act to afford power to the Authority to regulate internationally active insurance groups, and to ensure that any Rules made by the Authority shall apply to such groups. Clause 4 amends the Act to provide for a new section 27H. The new section sets out the manner in which the Authority may determine that an insurance group that it currently supervises shall also qualify to be registered by the Authority as an internationally active insurance group [IAIG]. Under the new section 27H the Authority is granted the discretion to determine, in certain circumstances, that an insurance group is not an IAIG even if it meets the criteria or that the insurance group is an IAIG even if it does not meet the criteria. In considering whether an insurance group should be registered as an IAIG, the Authority may initially consult with the other competent authorities of the insurance group. Once the Authority has made a determi nation, the Authority is required to notify the insurance group of its intention to make such determination. The insurance group shall then be allowed to make written representations to the Authority. The Authority shall take such representations into acco unt when making its final determination. The Authority shall be required to publish a list of all interna-tionally active insurance groups for which it is the group supervisor on its website at www.bma.bm .
The ChairmanChairmanThank you, Minister. Bermuda House of Assembly Are there any further speakers?
The ChairmanChairmanMP Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Chairman. Minister, just a quick question on clause 2, which is inserting a new definition and the categories that follow. I am just wondering whether the criteria that are set out as (a), (b) and (c), are those defini-tions that have been arrived upon by the Ministry …
Thank you, Mr. Chairman. Minister, just a quick question on clause 2, which is inserting a new definition and the categories that follow. I am just wondering whether the criteria that are set out as (a), (b) and (c), are those defini-tions that have been arrived upon by the Ministry in consultation with industry? You know, how were those criteria set ? Hon. Curtis L. Dickinson: Mr. Chairman?
The ChairmanChairmanYes, Minister. Hon. Curtis L. Dickinson: Okay. Thank you. The determination of the definitions is the remit of the BMA. And the BMA, as I mentioned in my introductory remarks, engaged in a consul tation process with industry stakeholders around the legislation. So it is safe to assume that participants …
Yes, Minister.
Hon. Curtis L. Dickinson: Okay. Thank you. The determination of the definitions is the remit of the BMA. And the BMA, as I mentioned in my introductory remarks, engaged in a consul tation process with industry stakeholders around the legislation. So it is safe to assume that participants of the regulat-ed entities have been consulted on the substance of the legislation.
Mr. Scott PearmanThank you. Thank you, Minister. And just in terms of that clause and how it is going to work, the definition there is subject to section 27H which is being inserted by clause 4. A nd the importance of it being subject to clause 4 is that the power or …
Thank you. Thank you, Minister. And just in terms of that clause and how it is going to work, the definition there is subject to section 27H which is being inserted by clause 4. A nd the importance of it being subject to clause 4 is that the power or discretion of the Authority at clause 4(2) to still be able to depart from the fixed criteria. Is that right?
Mr. Chairman.
The ChairmanAny further speakers? There appear to be none. Minister, you can move the four clauses. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 4 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 4 be approved. Any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 4 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved. The Chairm an: It has been moved that the …
It has been moved that clauses 1 through 4 be approved. Any objections to that? There appear to be none. Approved.
[Motion carried: Clauses 1 through 4 passed.]
Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved. The Chairm an: It has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. Thank you, Minister Dickinson. [Motion carried: The Insurance Amendment Act 2021 was cons idered by …
The ChairmanChairmanMr. Speaker. House resumed at 3: 55 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE INSURANCE AMENDMENT ACT 2021
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Bill entitled the Insurance Amendment Act 2021 being reported to the House as printed? There are no objections. The Bill has been reported as printed. Members, that brings us to a conclusion of that particular matter. We will now move …
Thank you, Deputy. Members, are there any objections to the Bill entitled the Insurance Amendment Act 2021 being reported to the House as printed? There are no objections. The Bill has been reported as printed. Members, that brings us to a conclusion of that particular matter. We will now move on to the next item that is on the Order Paper for today which is the second reading of the Companies Amendment and Validation Act 2021 in the name of the Minister of Finance. Minister. Hon. Curtis L. Dickinson : Mr. Speaker, I move that the Bill entitled the Companies Amendment and Validation Act 2021 be now read the second time.
The SpeakerThe SpeakerAre there any objections? There are none. 214 10 December 2021 Official Hansard Report Bermuda House of Assembly Continue, Minister. BILL SECOND READING COMPANIES AMENDMENT AND VALIDATI ON ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, the Bill before the House is the Companies Amendment and Validation Act 2021. The …
Are there any objections? There are none. 214 10 December 2021 Official Hansard Report
Bermuda House of Assembly Continue, Minister.
BILL
SECOND READING
COMPANIES AMENDMENT AND VALIDATI ON ACT 2021
Hon. Curtis L. Dickinson: Mr. Speaker, the Bill before the House is the Companies Amendment and Validation Act 2021. The principal aim of this Bill is to make two amendments to the Companies Act 1981 . Mr. Speaker, the first amendment relates to section 2(9) of the Companies Act which was inad-vertently repealed in its entirety by the Digital Asset Issuance Act 2020 in consequence of the repeal of the definition of “appointed digital asset exchange.” Prior to the repeal of sectio n 2(9) it provided that “The Minister may appoint a stock exchange” (or digital as-set exchange) “and shall cause the appointment to be published in an appointed newspaper.” The intent of the digital asset issuance was to repeal only the words “digital asset exchange” of that subsection, not the subsection in its entirety. Mr. Speaker, I would like to pause here to explain that section 2(1) of the Companies Act, “stock exchange” means any stock exchange that is appointed by the Minister of Finance under section 2(9). There was no intent to remove the ability of the Minister to appoint a stock exchange. Therefore, this Bill reinstates section 2(9) in its original form to enable the Minister to appoint a stock exchange with retroactive effect from the 6 th of May 2020 when the section was repealed. Mr. Speaker, it is important to reinstate section 2(9) with retroactive effect from the 6th of May 2020 because the inadvertent repeal of that section was further complicated by the purported appointment of the Eur onext Growth Oslo by way of a notice gazetted on 15 September 2021. This appointment has to be validated since the power to appoint a stock ex-change by the Minister of Finance ha d been removed. With consultation with industry, the Registrar of Companies d iscovered that in reliance on the purported appointment of the Euronext Growth Oslo cer-tain law firms have been working with their clients and external clients on a listing for the Euronext Growth Oslo. Therefore, it is imperative to validate the appointme nt of the Euronext Growth Oslo. Mr. Speaker, the second amendment relates to the electronic service of documents on the mem-bers of a company. The Companies and Partnerships (Electronic Registry) Amendment Act 2020 was brought into force to facilitate the transition to an elec-tronic registry system. The 2020 Act made provision for the filing with or issue by the Regis trar of Companies of electronic records. Prior to the 2020 enactment, the Companies Act made provision for the ef-fective use of electronic service of documents on the members of a company. Following the replacement of that provision industry stakeholders have advised that it had been a useful tool for companies with large members of shareholders as it avoided cumbersome and costly mailings of hard copy documents. Therefore, this Bill reinstates that provision with retroactive effect from the 31st of March 2020, the date when the Companies and Partnerships (Electronic Registry) Amendment came into operation so as not to prejudice any com-pany which may have been relying on the old provisions without realising that they had been repealed. Thank you, Mr. Speak er.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Speaker. Thank you, Mi nister, for that detailed explanation as to the background of this Bill. And as the Minister has set out in his opening remarks and brief, really this Bill is targeted to doing two things: to ensure appointments onto international stock exchanges and also …
Thank you, Mr. Speaker. Thank you, Mi nister, for that detailed explanation as to the background of this Bill. And as the Minister has set out in his opening remarks and brief, really this Bill is targeted to doing two things: to ensure appointments onto international stock exchanges and also the delivery of electronic records. I would just say from a very high level that we are supportive of this amendment, and it does have broad industry support. I declare my interest as a commercial attorney involved in this area. But I know that it has broad industry support well beyond simply the lawyers of Bermuda. What this is about at its heart is of course attempts to modernise and support Bermuda’s company law in an ever -increasingly challenging international global competitive market. And so, it is critical to where the Government can be nimble and responsive to deal with these issues. And, of course, electronic filings may make someone’s eyes glaze over as being rather dull, but in today’s modern technology this is the vital way of information management and sharing on a global basis and, likewise, the flexibility to recognise new markets for Bermuda companies. Bermuda has around 600 publicly listed companies around the world on various stock exchanges, New York, Nasdaq, Hong Kong. The Minister in his brief mentioned Norway. And these are fundamental and important. We must not forget that we might be a small dot in the ocean, but we are very much an international business hub. So, whenever the Government or Parliament is able to be responsive to the needs of the industry and streamline these matters and constantly adjust and keep updating for the betterment of the industry, this is a great thing. Ultimately, it is that industry together
Bermuda House of Assembly with certain others on our Island that employs Bermudians, keeps us all going and, hopefully to some extent, pays the bills. So, Minister, thank you. You have the Opposition’s support on this. I understand that you have very broad industry support on this as well. And, yes, this is a good Bill that we support and woul d vote for. So, thank you, Honourable Minister, and thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Member wish to make a contribution at this time? There are none. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I thank the Honourable Opposition for their support for this Bill and I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 4:0 0 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL COMPANIES AMENDMENT AND VALIDATION ACT 2021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consideration of the Bill entitled the Companies Amendment and Validation Act 2021 . Minister Dickinson, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill amends section 2 of the Companies Act 1981 wit h …
Honourable Members, we are now in Committee of the whole [House] for further consideration of the Bill entitled the Companies Amendment and Validation Act 2021 . Minister Dickinson, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill amends section 2 of the Companies Act 1981 wit h retrospective effect in relation to the appointment of stock exchanges for the purposes of that Act, to validate any appointment of a stock exchange made under that section since May 2020 and to insert section 2AA with retrospective effect in relation to delivery of electronic records, and to make minor and consequential amendments. Mr. Chairman, I move clauses 1 through 5.
The ChairmanChairmanContinue, Minister. Hon. Curtis L. Dickinson: Clause 1 is the standard citation clause. Clause 2 amends section 2 of the Companies Act [1981] to re- insert subsection (9) which was repealed in error by Schedule 3 to the Digital Asset Is-suance Act 2020 in consequence of the repeal of the …
Continue, Minister.
Hon. Curtis L. Dickinson: Clause 1 is the standard citation clause. Clause 2 amends section 2 of the Companies Act [1981] to re- insert subsection (9) which was repealed in error by Schedule 3 to the Digital Asset Is-suance Act 2020 in consequence of the repeal of the definition of “appointed digital asset exchange.” Subsection (9) also provides for the Minister of Finance to appoint a stock exchange and there was no intent to remove that power. Clause 3 inserts new section 2AA into the Companies Act which relates to the delivery of electronic records that do not fall within section 2A. The provisions of this section are not new to the Companies Act. They were previously contained in the old section 2A of the Companies Act which was repealed by the Companies and Partnerships (Electronic Registry) Amendment Act 2020 with effect from 31 December 2020. The 2020 Act inserted a new section 2A into the Companies Act empowering the Minister of Fi-nance to make regulations for the electronic submission of documents to the Registrar of Companies and electronic issuing of certificates and documents by the Registrar, but did not deal with electronic delivery of documents in other circumstances. Clause 4 makes minor and consequential amendments. Subsection (1) amends the headnote of section 2A to avoid confusion with the new section 2AA, and substitutes “rules” for “regulations” in section 2A as the relevant provision was made in the Compa-nies (Forms) Rules 1982 with effect from 7 June 2021. Subsection (2) repeals sections 3 and 46 of the Companies Amendment Act 2006. Section 3 of the 2006 Act inserted the o ld section 2A, and provided for a new section 2B (delivery of electronic records to the Registrar) which was never brought into effect by no-tice (as provided by section 46 of the 2006 Act), and has been superseded by the new section 2A as inserted by the C ompanies and Partnerships (Electronic Registry) Amendment Act 2020. Clause 5 subsection (1) deems section 2 to have come into effect on 6 May 2020 which is the date the Digital Asset Issuance Act 2020 came into effect, so that there will have been no inter ruption in the power of the Minister of Finance to appoint a stock exchange under section 2(9) of the Companies Act [1981]. Subsection (2) validates any appointment of a stock exchange made by the Minister of Finance since 6 May 2020, in particular the appointment of Euronext Growth Oslo by notice published in the Gazette on 15 September 2021. Subsection (3) deems sections 3 and 4 to have come into effect on 31 May 2021, the commencement date of the Companies and Partnerships (Electronic Registry) Amendment Act 2020. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Are there any further speakers?
The ChairmanChairmanMr. Pearman, continue. 216 10 December 2021 Official Hansard Report Bermuda House of Assembly Mr. Scott Pearman: Thank you. Thank you, Minister, for your deta iled explanation. Given the detail that you have provided, I do not think I have many questions at all. My one question, I think, is …
Mr. Pearman, continue.
216 10 December 2021 Official Hansard Report
Bermuda House of Assembly Mr. Scott Pearman: Thank you. Thank you, Minister, for your deta iled explanation. Given the detail that you have provided, I do not think I have many questions at all. My one question, I think, is to clause 3 of the Bill and the newly inserted [section] 2AA. As I read it, what [section] 2AA, subsection (6) and subsec tion (8) are doing is affording effectively statutory defences in the event of any accidental omission. And as I think you said earlier, both in debate and in Committee, this has retrospective effect. And if that is right, then I think we are done.
The Ch airman: Minister. Hon. Curtis L. Dickinson: Mr. Chairman, MP Pearman’s observation is correct.
Mr. Scott PearmanThank you, Minister of Finance. And thank you, Mr. Chairman.
The ChairmanChairmanAre there any further speakers? There appear to be none. Minister. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 5 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 5 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 5 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be n one. Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. [Motion carried: The Companies Amendment and Validation Act 2021 was considered by a Committee of …
The ChairmanChairmanThank you, Minister. Thank you, Mr. Pearm an. Mr. Speaker. House resumed at 4:08 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE COMPANIES AMENDMENT AND VALIDATION ACT 2021
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Companies Amendment and Validation Act 2021 be-ing reported to the House as printed? There are none. The Bill has been reported as printed. Members, that moves us onto the next item on the Order Paper for today which is the …
Thank you, Deputy. Members, are there any objections to the Companies Amendment and Validation Act 2021 be-ing reported to the House as printed? There are none. The Bill has been reported as printed. Members, that moves us onto the next item on the Order Paper for today which is the second reading of the Bermuda Monetary Authority Amendment (No. 2) Act 2021 in the name of the Minister of Finance. Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill entitled the Bermuda Monetary Authority Amendment Act (No. 2) 20 21 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? There are none. Continue, Minister. BILL SECOND READING BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to prese nt the Bill entitled the Bermuda Monetary Authority Amendment (No. 2) Act 2021. The purpose of the …
Are there any objections to that? There are none. Continue, Minister.
BILL
SECOND READING
BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to prese nt the Bill entitled the Bermuda Monetary Authority Amendment (No. 2) Act 2021. The purpose of the Bill is to provide for the following: To repeal and replace the Fourth Schedule of the Bermuda Monetary Authority Act 1969 ; to repeal and replace the Second Schedule to the Banks and Deposit Companies (Fees) Act 1975 ; to provide for an increase in the time for which the approved period of operations within the innovation hub may be extended; to empower the Authority to impose a fine in relation to certain statutory requirements under the Investment Funds Act 2006 ; and to provide for related matters. Mr. Speaker, by way of background, the Bermuda Monetary Authority undertook a comprehensive
Bermuda House of Assembly review of its target operating model together with its fee st ructure in 2018. At the end of the review process, which culminated with a comprehensive stake-holder consultation process, the Bermuda Monetary Authority Amendment (No. 3) Act 2018 which contained the fee schedule for the years 2019, 2020, and 2021 was passed by the Legislature. Mr. Speaker, it is now intended that the Fourth Schedule of the Bermuda Monetary Authority Act 1969 will be repealed and replaced with a Schedule that provides for the level of fees that will be applica-ble and the reference to a particular year will be removed. A similar exercise is also being done in relation to the Banks and Deposit Companies (Fees) Act 1975 . Accordingly, the Bermuda Monetary Amendment (No. 2) Act 2021 proposes to repeal and replace the Second Schedule, the Banks and Deposit Companies (Fees) Act 1975, by way of consequential amendments, notwithstanding that there will be no increases in fees payable thereunder. Mr. Speaker, in addition to the repeal and replacement of the fee schedules just noted, and based on a review conducted earlier this year, the Authority observed that a small number of existing fees within the Fourth Schedule of the Bermuda Monetary Authority Act 1969 require alignment and/or additional precision. The Authority also determined that some new fees were required in relation to certain applications. Mr. Speaker, section 20B of the Act provides that the fees prescribed in the Fourth Schedule of the Bermuda Monetary Authority Act 1969 shall be paid by certain financial instit utions in accordance with the legislation specified in the various Heads of the Fourth Schedule to the Bermuda Monetary Authority. As noted, the vast majority of the fees enforced in 2021 will be retained in 2022. Mr. Speaker, the House is advised that the Heads of the Fourth Schedule of the Bermuda Monetary Authority Act 1969 under which some minor changes to fees are proposed, are as follows: The Bermuda Monetary Authority Act 1969; the Corporate Service Provider Business Act 2012 ; the Insurance Act 1978 ; and the Investment Funds Act 2006 . Mr. Speaker, the summary of the changes proposed in respect to specific 2021 fees is as follows: 1. Fees related to the Corporate Service Provider Business Act 2012. Section 13 of the Corporate Service Provider Business Act 2012 provides for matters related to annual licensing fees to be paid on or before the 31st of March in every year after the year in which the licence was granted. The fees are determi ned by class of licence, limited or unlimited, and also by the number of entities and corporate service provider services. Mr. Speaker, in 2021, as part of the three- year graduated fee structure, the annual fee bands appli-cable to corporate service providers servicing more than 2,000 entities but not more than 3,000 entities and those servicing more than 3,000 entities have been set at $90,000 and $120,000, respectively. However, due to a transposition error it was incorrectly set at $75,000 and $90,000, respectively. Accordingly, it is proposed to amend the Act to ensure alignment of the fees with those which were previously consulted upon with stakeholders. 2. Insurance fees. Mr. Speaker, the relevant changes to be made in this area are as follows: The appli cable fees for innovative insurers will be revised in accordance with previous engagements with industry stakeholders, from $630 to $800. Innovative insurers will also be required to pay the same fee to cover the cost of analysis provided by the Authority. Notes relating to application fees for extensions to submission deadlines for more than one filing will be clarified so that it is clear that only one fee is required. The scope fees related to extensions of filing deadlines will be expanded to include innovative insurers carrying on general business in an innovative and experimental manner. The present fee of $1,500 a month will remain unchanged. Fees related to filing deadlines for innovative insurers will no longer be applicable. The House is advised that innovative insur-ers will be able to apply for extensions to continue in the hub under the provisions regarding the innovation hub. Clause 2 of the Bill covers matters related to the extension period being increased from three months to up to 12 months, accordingly. Clause 5 of the Bill addresses matters related to the fee increase regarding the innovation hub. The scope of the application fees related to modifying the Loss Reserve Specialist opinions will be expanded to include innovative insurers carry ing on general business in an innovative and experimental manner. The present fee of $1,000 will remain unchanged. Innovative intermediaries will now be required to pay a $3,000 registration fee to be registered under the Act. Innovative insurers are being removed from annual filing fee provisions as it is not meant for this group to be captured under the relevant provisions of the Act. As previously mentioned, innovative insurers will now be able to apply for an extension to utilise the innovation hub fac ility. 3. Investment funds fees, Schedule 1 of the Bill. Mr. Speaker, clause 6 of the Bill provides for consequential amendments to section 17 of the Investment Funds Act 2006. Clarify the applicability of certain fees. It is proposed to amend the IFA by clarifying that where a fund fails to comply with the deadline for certification of statement requirements imposed on it under the relevant sections of the IFA, the fund will be 218 10 December 2021 Official Hansard Report
Bermuda House of Assembly required to pay a late filing fee for every month, whether in whole or in part of the month, where such certification has not been submitted to the Authority. The House is advised that the present late filing fee of $50 will remain unchanged. The amendments are set out in Schedule 1 to the Bill. The Fourth Schedule of the Bermuda Monetary Authority Act 1969 will also be updated to reflect the changes. 4. The Banks and Deposit Companies (Fees) Act 1975, Schedule 2 of the Bill. Mr. Speaker, clause 6 of the Bill provides for consequential amendments to the Banks and Deposit Companies (Fees) Act 1975. The Second Schedule to the Banks and Deposit Companies (Fees) Act 1975 will be repealed and replaced without increasing the fees, as a provision of the current Second Schedule which currently refers specifically to fees payable in 2019, 2020, and 2021 shall cease to apply at the end of 2021. Mr. Speaker, key highlights of additional amendments are as follows: Section 20G of the Act covers matters related to the innovation hub applications and requires per-sons to submit an application to the Authority to request an extension of the initial approval. Presently, the Authority may grant extensions for additional periods not exceeding three months. It is proposed to amend the Act to increase the time to a potential extension period operation within the innovation hub for a period of up to 12 months. The House is advised that there will be a requirement to amend section 20H to address the ext ension time period. Extension fees will be increased from $750 to $1,500 to reflect the increase in the time and effort to be committed by the Authority. Application fees of $3,000 will remain unchanged. Entities utilising the innovation hub may be require d for a period of one year from the outset, but they are not required to pay annual fees. Mr. Speaker, a floor amendment has been circulated for consideration by the Members. This floor amendment will modify the Bermuda Monetary Authority Act 1969 to clar ify the registration fees provision for innovative intermediaries. There will be no change to the registration fee which is currently set at $3,000. Mr. Speaker, I wish to reiterate that the amendments will result in the establishment of fees that were the subject of previous engagement with industry and recent consultation with industry stake-holders. There were no material issues raised in relation to this process which is not surprising given the nature of the changes. Mr. Speaker, it is important to note that the fees provided for by way of this Bill support the continued effective operation of the Bermuda Monetary Authority which performs a pivotal role in the financial services sector that is so vital to Bermuda’s economy. The demands placed on the Authority continue to in-crease due to the growth in certain sectors and the assumption of new responsibilities, and it is important that fees appropriately reflect cost related to regulation. Mr. Speaker, by way of example, the investment fund sector which the Authority is responsible for overseeing, has seen the number of registrations increase from 629 in 2019, to 829 at the end of 2020. Similarly, in the insurance sector, the number of special purpose insurers has increased from 148 in 2019, to 165 in 2020. In a related sense, the innovation hub, which is a relatively new construct, so the introduction of one approved insurer in 2019, but four approved insurers have already been granted entry into the innovation hub this year. These insurers are currently in the process of developing new products for the market. In 2019 and in 2020, one approved insurer was added to the insurance sandbox per year. In 2021, three new sandbox entrants have been approved, two being innovative insurance intermediaries and one being an innovative insurer. Mr. Speaker, in closing, I would like to thank the Bermuda Monetary Authority, the Attorney General’s Chambers, and the Ministry of Finance for their assistance with this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time? Hon. N. H. Cole Simons: Yes, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader, you have the floor. Hon. N. H. Cole Simons: I will be very, very brief. We are in support of this legislation. I have to admit, it was a lot of work to go through and compare this new legislation and the new Schedule to the one that …
Opposition Leader, you have the floor.
Hon. N. H. Cole Simons: I will be very, very brief. We are in support of this legislation. I have to admit, it was a lot of work to go through and compare this new legislation and the new Schedule to the one that was passed in 2021. I am satisfied. I did that comparison, and it basically shows no major incr eases at this point in time. I note that we have had adjustments to the fees in 2019, 2020, 2021, and some minor ones that came in 2021. So, my only question to the Minister is, When will the next review of fees take place? We cannot continue to raise these fees annually if we want to remain competitive as a jurisdiction and we want to ensure that our insurance companies, our management services companies, our banks and trusts companies, and other companies that fall under the remit of the BMA know that t here is certainty in regard to the fees for the next two or three years. Or will they have to adjust and expect another fee increase within the next year or two? So, if the Minister could provide clarity in regard to the anticipated date of the next fee r eview, I would be obliged.
Bermuda House of Assembly Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time? Any other Member? Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I await some technical assistance with respect to some of the spe-cifics of the Honourable Member’s question. But while waiting for that, I will respond as …
Thank you. Does any other Member wish to make a contribution at this time? Any other Member? Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I await some technical assistance with respect to some of the spe-cifics of the Honourable Member’s question. But while waiting for that, I will respond as follows: As a general rule, I think the BMA tends to conduct fee reviews every second or third year. These reviews, I am almost certain, involve having a look at the competitive landscape, but also looking at the requirements and the regulatory burden being placed on the BMA as a result of their obligations to provide oversight of the regul ated entities. Additionally, it has been the practice of the BMA, for as long as I have been involved here doing this job, to engage in fairly robust and broad consultation with their stakeholders. And so, when they do introduce fees, it is typically after having had fairly substantial conversations with the regulated entities for which they are responsible. The last fee review (I am advised) was in 2018, which was performed on the basis of a three-year review with phased increases. That was completed and there were no significant changes to fees that immediately happened thereafter. So, I think the general cycle tends to be every three years. Again, there was broad consultation. The BMA is certainly mindful of the cost of regulation and certainly is tryi ng to strike a balance between its own obligations and the burden that it is placing on those it is responsible for regulating. Hon. N. H. Cole Simons: Thank you, Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, if there are no further questions, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy Speaker. House in Committee at 4:25 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2021
The ChairmanChairmanHonourable Me mbers, we are now in Committee of the whole [House] for further considera-tion of the Bill entitled Bermuda Monetary Authority Amendment (No. 2) Act 2021 . Minister Dickinson, you have the floor. Hon. Curtis L. Dickinson: Thank you, Mr. Chairman. Mr. Chairman, I move clauses 1 through 5.
The ChairmanChairmanContinue, Minister. Hon. N. H. Cole Simons: Question. In the preamble, “Be it enacted by” that the “. . . Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda.” On rare occasions I see the Senate mentioned in any …
Continue, Minister. Hon. N. H. Cole Simons: Question. In the preamble, “Be it enacted by” that the “. . . Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda.” On rare occasions I see the Senate mentioned in any legislation that comes to this House. Is there a reason for us to have the Senate here this time? Because it is just abnormal. I mean, I have been in the H ouse 20 years, and I have not seen the Senate mentioned in any piece of legislation. So, it may be right, it may be wrong, I just question it. And if the Minister could advise me on that it would be appreciated.
The Deputy Clerk: Mr. Chairman.
The Chai rman: Yes.
The Deputy Clerk: I would advise that this is the standard wording in the preambles. It is the usual wording we see in the preamble regarding the . . . that calls about The Queen’s Most Excellent Majesty.
The ChairmanChairmanIt is in every Bill tha t is presented to the— Hon. N. H. Cole Simons: The “Senate.” [Inaudible interjection] The Deputy Clerk: Yes, yes. I am saying that it is the standard wording, yes—including the Senate. Yes. Hon. N. H. Cole Simons: Okay. That is all I have on …
The ChairmanChairmanThat is all you have? Hon. N. H. Cole Simons: Yes.
The ChairmanChairmanAny further speakers? The Deputy Clerk: The Minister wanted to do the clauses.
The ChairmanChairmanMinister, clauses 1 through 5. Hon. Curtis L. Dickinson: Mr. Chairman, clause 1 provides the citation for the Bill. 220 10 December 2021 Official Hansard Report Bermuda House of Assembly Clause 2 amends section 20G of the principal Act to increase the innovation hub extension period from “3 months” to …
Minister, clauses 1 through 5.
Hon. Curtis L. Dickinson: Mr. Chairman, clause 1 provides the citation for the Bill. 220 10 December 2021 Official Hansard Report
Bermuda House of Assembly Clause 2 amends section 20G of the principal Act to increase the innovation hub extension period from “3 months” to “up to 12 months.” Clause 3 amends section 20H of the principal Act by referencing the extension period of “up to 12 months.” Clause 4 amends the Third Schedule of the Bermuda Monetary Authority Act 1969 by deleting the term “Collective Investment Scheme” under the heading Fina ncial Institutions and substituting “Investment Funds.” Clause 5 amends the principal Act by repealing and replacing the Fourth Schedule to the Act to provide updates and technical amendments required relating to the following: (a) under the heading, “Bermuda Monetary Authority Act 1969– Innovation Hub”: to repeal and replace subparagraphs 1 and 2 so as to revise the extension fee under section 20H(b); (b) under the heading “Corporate Service Provider Business Act 2012”: to repeal and replace paragraphs 2(a) (vii) and (viii) as such fees were inadvertently omitted from the Part C 2021 Table; (c) under the heading “Insurance Act 1978”: i. in paragraph 1(a) to insert the words “innovative insurer”; ii. in paragraphs 2(c), (x) and (z) to clarify the “Note” relating to application fees for extensions to submission deadlines for more than one filing whereby only one fee is required; in subparagraph 2(c)(i) and 2(ac) to insert the words “IIGB.” And in subparagraph 2(C)(iii) to delete “innovative insurers”; iii. in paragraph 2 to insert a new subparagraph (na) to provide for an application for cancellation for registration under section 42(1)(a) and the accompanying fee; and iv. in paragraph 3(c) to add the words “innovative intermediary.”
The ChairmanChairmanAny further speakers? Hon. N. H. Cole Simons: Mr. Chairman.
The ChairmanChairmanYes. Hon. N. H. Cole Simons: The Minister has just read some amendments, and the only amendment that I have and that we received reads that the “Bermuda Monetary Authority Amendment (No. 2) Act 2021 be amended in clause 5 in the Fourth Schedule under the heading ‘Insurance Act 1978’, …
Yes. Hon. N. H. Cole Simons: The Minister has just read some amendments, and the only amendment that I have and that we received reads that the “Bermuda Monetary Authority Amendment (No. 2) Act 2021 be amended in clause 5 in the Fourth Schedule under the heading ‘Insurance Act 1978’, in paragraph 3(c) on page 13 of the Bill - By inserting after ‘section 10’ the words ‘, or an innovative intermediary under the Act.’” That is the only floor amendment that I have. Hon. Curtis L. Dickinson: Mr. Chairman, I have not addressed the floor am endment yet.
The ChairmanChairmanYes, because I was wondering. Because you are only doing clauses 1 through 5. Hon. N. H. Cole Simons: But I thought he finished addressing clauses 1 through 5?
The ChairmanChairmanMinister. Hon. Curtis L. Dickinson: I read them as is and then I am going to make the change once I kind of . . . I conveyed what is on the documents and now I am going to propose the change to what I have read for clause 5. …
Minister.
Hon. Curtis L. Dickinson: I read them as is and then I am going to make the change once I kind of . . . I conveyed what is on the documents and now I am going to propose the change to what I have read for clause 5. Perhaps I should have done it differently and done clauses 1 through 4 and did cl ause 5 separately, but I didn’t.
Hon. N. H. Cole Simons: Okay. Go ahead then. Hon. Curtis L. Dickinson: Are we fine with clauses 1 through 4?
Hon. N. H. Cole Simons: Yes. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 4 be appr oved.
The ChairmanChairmanIt has been moved that clauses 1 through 4 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 4 passed.] Hon. Curtis L. Dickinson: So, by way of just some clarification, the amendments to clause 5 are covered within the …
It has been moved that clauses 1 through 4 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 4 passed.]
Hon. Curtis L. Dickinson: So, by way of just some clarification, the amendments to clause 5 are covered within the overall repeal and replacement process. And I wanted to be very transparent around what we are doing here. So now I would like to deal with clause 5 which I have already moved and there is a floor amendment to clause 5. The floor amendment reads as follows:
AMENDMENT TO CLAUSE 5
Hon. Curtis L. Dickinson: That the Bermuda Monetary Authority Amendment (No. 2) Act 2021 be amended in clause 5 in the Fourth Schedule under the heading “Insurance Act 1978” in paragraph 3(c) on page 13 of the Bill -, By inserting after “section 10” the words “, or an innovative intermediary under the Act.” And then continuing with (c), v. to revoke paragraph (7)( a)(xii) and (7)(a)(xiii). And then (d) under the heading “Investment Funds Act 2006”: prescribe a late filing fee and to reBermuda House of Assembly insert previously omitted late filing fee overseas funds and closed- ended funds. That is the floor amendment. So, Mr. Chairman, I am moving that clause 5 be approved with the amended language.
The ChairmanChairmanMr. Pearman, can you come to the microphone? I am having difficulty hearing you.
Mr. Scott PearmanYes, thank you, Mr. Chairman. I was with the Minister all the way until the end of his change to (c) on page 13. But then he add-ed a further amendment. I just wonder whether per-haps there are more than . . . is there more than one version of …
Yes, thank you, Mr. Chairman. I was with the Minister all the way until the end of his change to (c) on page 13. But then he add-ed a further amendment. I just wonder whether per-haps there are more than . . . is there more than one version of the floor amendment? Was the floor amendment subsequently amended? It may be that the Opposition Leader and I have a previous version of the floor amendment because the floor amendment we have ends after the amendment to paragraph 3(c) on page 13 of the Bill and the Honourable Minister then read some further amending language which does not appear to be on the piece of paper that we have been provided. I am sure it is not a problem; I just want to see if I can un-derstand the confusion. Hon. Curtis L. Dickinson: I can provide the clarity,
Mr. Chairman.
The ChairmanYes, please. Hon. Curtis L. Dickinson: Clause 5 has four different [points]: (a), ( b), (c), (d).
The ChairmanChairmanMm-hmm. Hon. Curtis L. Dickinson: [Point] (c) actually has four subsections. And the amendment refers to clause 5, [point] (c). And the additional language that I just gave was . . . [Pause] Hon. Curtis L. Dickinson: So, I am advised, Mr. Chairman, that the floor amendment simply addresses the …
Mm-hmm. Hon. Curtis L. Dickinson: [Point] (c) actually has four subsections. And the amendment refers to clause 5, [point] (c). And the additional language that I just gave was . . .
[Pause]
Hon. Curtis L. Dickinson: So, I am advised, Mr. Chairman, that the floor amendment simply addresses the fact that innovative intermediaries should have been included in [the amendment to clause 5] paragraph 3(c) and such entities are to be subjected to a $3,000 fee. The other amendments that I have noted are all covered in the repeal and replace process.
Mr. Scott PearmanThank you, Minister. Mr. Chairman, as far as I am concerned, subject to anything else that anyone else has to say, I understand what the Minister has said. I think when he was reading the floor amendment, he simply read a bit that was already part of the Bill. But …
Thank you, Minister. Mr. Chairman, as far as I am concerned, subject to anything else that anyone else has to say, I understand what the Minister has said. I think when he was reading the floor amendment, he simply read a bit that was already part of the Bill. But for the avoidance of any doubt whatsoever, I understand, we understand the Minister to be amending on page 13 of the Bill, 3(c), which is a box where it says “an insurance broker or agent under section 10” and to be inserting after that sentence the words “, or an innovative intermediary under the Act” such that either an insurance broker or agent under section 10 or an innovative intermediary under the Ac t will both be subject to a $3,000 fine. (In the last col-umn on that page.) And that is the extent of the floor amendment. If I have correctly understood it, I think we are absolutely fine with it. Subject to anything the Opposition Leader may have to say . Thank you, Mr. Chairman. Thank you, Minister, for your indulgence.
The ChairmanChairmanMinister. Hon. Curtis L. Dickinson: Thank you, MP Pearman, for your clarification. Spoken as only a good lawyer could do. [Laughter] Hon. Curtis L. Dickinson: Mr. Chairman, after all that confusion, I move that clause 5 be approved with the floor amendment.
The ChairmanChairmanIt has been moved that clause 5 be approved as amended. Are there any objections to that? There appear to be none. Clause 5 has been approved as amended. [Motion carried: Clause 5 passed as amended.] Hon. Curtis L. Dickinson: Mr. Chairman, I move clauses 6 and 7.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Mr. Chairman, clause 6 provides for consequential amendments to section 17 of the Investment Funds Act 2006 to clarify the applicability of certain fees under the heading “Investment Funds Act 2006” of the Fourth Schedule; and to 222 10 December 2021 Official Hansard Report Bermuda …
Continue.
Hon. Curtis L. Dickinson: Mr. Chairman, clause 6 provides for consequential amendments to section 17 of the Investment Funds Act 2006 to clarify the applicability of certain fees under the heading “Investment Funds Act 2006” of the Fourth Schedule; and to 222 10 December 2021 Official Hansard Report
Bermuda House of Assembly repeal and replace the Second Schedule to the Banks and Deposit Companies (Fees) Act 1975 , as the provisions under the Second Schedule are anticipated to expire on 1 January 2022. Clause 7 provides for the Bill to come into operation on 1 January 2022. Thank you, Mr. Chairman.
The ChairmanChairmanAre there any further speakers? There appear to be none. Minister. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 6 and 7 be approved.
The ChairmanChairmanIt has been moved that clauses 6 and 7 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 6 and 7 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be re ported to the House as [amended].
The ChairmanChairmanYou have got to move the Schedules. You have got a couple of Schedules there. Hon. Curtis L. Dickinson: Mr. Chairman, I move that . . .
The ChairmanChairmanThat the Schedules be approved. Hon. Curtis L. Dickins on: That the . . . [Pause] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Fourth Schedule be approved.
The ChairmanChairmanIt has been moved that the Schedules be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Schedules passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Any objections to that? There appear to be none. The Bill will be reported to the House as amended. Thank you, Minister. Thank you, Opposition Leader Cole Simons and MP Pearman. [Motion carried: The Bermuda Monetary …
It has been moved that the Bill be reported to the House as amended. Any objections to that? There appear to be none. The Bill will be reported to the House as amended. Thank you, Minister. Thank you, Opposition Leader Cole Simons and MP Pearman.
[Motion carried: The Bermuda Monetary Authority Amendment (No. 2) Act 2021 was considered by a Committee of the whole House and passed as amended.]
The ChairmanChairmanMr. Speaker. House resumed at 4:40 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REP ORT OF COMMITTEE BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2021
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Bill being reported to the House as amended? There are none. The Bill has been reported as amended. Members , that now brings us to the next item on the Order Paper which is the second reading of the Customs …
Thank you, Deputy. Members, are there any objections to the Bill being reported to the House as amended? There are none. The Bill has been reported as amended. Members , that now brings us to the next item on the Order Paper which is the second reading of the Customs Tariff Amendment (No. 2) Act 2021 in the name of the Minister of Finance. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill entitled the Customs Tariff Amendment (No. 2) Act 2021 be now read the second time.
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Minister. BILL SECOND READING CUSTOMS TARIFF AMENDMENT (NO. 2) ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, Honourable Members are requested now to give consideration to the Bill entitled Customs Tariff Amendment (No. 2) Act 2021. Bermuda House of Assembly Mr. Speaker, …
Are there any objections? There are none. Continue, Minister.
BILL
SECOND READING
CUSTOMS TARIFF AMENDMENT (NO. 2) ACT 2021
Hon. Curtis L. Dickinson: Mr. Speaker, Honourable Members are requested now to give consideration to the Bill entitled Customs Tariff Amendment (No. 2) Act 2021.
Bermuda House of Assembly Mr. Speaker, this Bill proposes to amend the Customs Tariff Act 1970 by replacing the First Schedule. The purpose of thi s Bill is to implement all of the 2020 amendments with the international Harmonized System Nomenclature. Honourable Members will recall that such an amendment to the First Schedule to the Customs Tariff Act 1970 was last made in April 2017. At that time, all of the 2017 amendments to the HS [Harmonized System] Nomenclature were implemented in Bermuda’s national customs tariff. Mr. Speaker, HS 2022, which is the 7th edition of the Harmonized System Nomenclature will be used worldwide for the uniform classification of trade goods. HS serves as the basis for custom tariffs and for the compilation of international trade statistics in 211 economies. The new HS 2022 edition makes some 351 sets of amendments. Mr. Speaker, the major features of the HS 2022 amendments are adaptations to current trade through the recognition of new product streams. Other significant changes address environmental and social issues of global concern. Mr. Speaker, visibility will be introduced to a number of high- profile product streams in the 2022 edition. This is done to take account of changing trade patterns. Electronic waste is one example of a product class which presents significant policy concerns as well as a high value of trade. Accordingly, HS 2022 includes specific provisions for its classification. Another example is fresh provision f or new tobacco and nicotine- based products. The new provision makes classification of these products easier, trade statistics more visible, and recognises the very high monetary value of trade in these goods. Aerial drones and smartphones are also given thei r own specific provisions for similar reasons. Mr. Speaker, major changes have been made to the classification of glass fibres and articles thereof and for metal forming machinery. These changes recognise that the current subheadings do not adequately represent the technological advances in these sectors. Failure to take account of improvement in tech-nology would cause classification difficulties and a lack of key trade statistics. Mr. Speaker, one area is the growing interest in the classification of multi- purpose intermediate assemblies. Indeed, a very important example of such a product is addressed in HS 2022. Flat panel display modules will now be classified as a product in their own right. This will simplify classification of these modules by remov ing the need to identify final use. Mr. Speaker, health and safety is also featured in the changes. Classification of infectious disease diagnostic test kits has been simplified. This will help reduce delays in the deployment of tools for the rapid diagnosis of infectious diseases and outbreaks. New provisions have been made for placebos and clinical trial kits for medical research. This will enable classification without information on the ingredients in placebos, thereby facilitating cross -border medical research. Cell cultures and cell therapy are among the product classes that have gained new and specific provisions. On a human security level, a number of new provisions specifically provide for various dual -use goods. These range from toxins to labor atory equipment. As Honourable Members may be aware, dual - use goods are items that can be used both for civilian and military applications. These types of goods are normally heavily regulated. That is because they can be manufactured and treated for civili an use and then transformed for military purposes, or worse, used for terrorism. Mr. Speaker, the protection of society and the fight against terrorism are increasingly important roles for national custom authorities. Many new subheadings have therefore been created for dual -use goods that could be diverted for unauthorised use. Such goods include radioactive materials and biological safety cabinets , as well as items required for the construction of improvised explosive devices such as detonators. Mr. S peaker, goods specifically controlled under the various conventions have also been updated. The HS 2022 edition introduces new classifica-tions for specific chemicals controlled under the Chemical Weapons Convention [OPCW], certain hazardous chemicals contr olled under the Rotterdam Convention, certain persistent organic pollutants controlled under the Stockholm Convention, and gases controlled under the Kigali Amendment of the Montreal Protocol. Furthermore, at the request of the International Narcotics Cont rol Board [INCB] new subheadings have been introduced for the monitoring and control of Fentanyl and the derivatives and precursors, and their derivatives and precursors. Mr. Speaker, contracting parties to HS Convention are expected to enact the HS 2022 amendments to their respective nomenclatures by 1 January 2022. However, it has been determined that for Bermuda, a non- contracting economy, it will be simpler administratively and more cost -effective to bring these changes into operation on 1 April 2022. However, by progressing the legislation at this time , it allows for effective consideration of these matters in the budget process. Mr. Speaker, in closing my brief on the Customs Tariff Amendment (No. 2) Bill, I wish to note that these HS 2022- related changes to the Bermuda nomenclature shall be entirely revenue neutral. Further textural or duty rate changes, as appropriate, will be proposed as part of the Government’s 2022/23 budget. I will comment further on the measures of the Bill in Committee. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. 224 10 December 2021 Official Hansard Report Bermuda House of Assembly Does any other Member wish to make a contribution at this time? Hon. N. H. Cole Simons: Thank you, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader, you have the floor. Hon. N. H. Cole Simons: Mr. Speaker, we in the Opposition have no objection to this amendment be-cause in essence what we are doing is ensuring that our customs classifications are uniform in regard to our global obl igations in regard to how we …
Opposition Leader, you have the floor.
Hon. N. H. Cole Simons: Mr. Speaker, we in the Opposition have no objection to this amendment be-cause in essence what we are doing is ensuring that our customs classifications are uniform in regard to our global obl igations in regard to how we manage our general commercial products, military products, and health products. In addition, it also addresses our obligations from a customs point of view in regard to drug interdiction and our AML obligations. So in essence, Mr. Speaker, we are part of a global community when it comes to the shipping of goods and services around the world and we cannot operate in isolation. So, if we are to remain competitive, and if we are going to play our role in global society from the c ustoms perspective, and these are the minimum standards of operation for membership of the global customs fraternity, then , Mr. Speaker, we in the Opposition truly have no objection to this legislation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time? There are none. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I thank the Opposition for their support for this Bill and I move that it be committed.
The SpeakerThe SpeakerThank you. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 4:50 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL CUSTOMS TARIFF AMENDMENT (NO. 2) ACT 2021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further considera-tion of the Bill entitled the Customs Tariff Amendment (No. 2) Act 2021 . Minister Dickinson, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, the Customs Tariff Amendment (No. 2) Act 2021 seeks to amend …
Honourable Members, we are now in Committee of the whole [House] for further considera-tion of the Bill entitled the Customs Tariff Amendment (No. 2) Act 2021 . Minister Dickinson, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, the Customs Tariff Amendment (No. 2) Act 2021 seeks to amend the First Schedule to the Customs Tariff Act 1970. Mr. Chairman, I move clauses 1 through 3.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 1 is self - explanatory providing the citation for the Bill. Clause 2 repeals and replaces the First Schedule to the Customs Tariff Act 1970 with the contents of the Schedule to this Bill which incorporates all of the HS 2022 changes. The First …
Continue.
Hon. Curtis L. Dickinson: Clause 1 is self - explanatory providing the citation for the Bill. Clause 2 repeals and replaces the First Schedule to the Customs Tariff Act 1970 with the contents of the Schedule to this Bill which incorporates all of the HS 2022 changes. The First Schedule is published on the Bermuda Government portal at the following web address: www.gov.bm/schedules -customs -tariff- act-1970 . Clause 3 provides for commenceme nt on 1 April 2022. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Are there any further speakers? There appear to be none, Minister. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Schedules be approved.
The ChairmanChairmanSchedules? Yes. It has been moved that the Schedules be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Schedule passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. [Motion carried: The Customs Tariff Amendment (No. 2) Act 2021 was considered by a Com …
The ChairmanChairmanThank you, Minister. Thank you, Opposition Leader Cole Simons. Mr. Speaker. Bermuda House of Assembly House resumed at 4:52 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE CUSTOMS TARIFF AMENDMENT (NO. 2) ACT 2021
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Bill entitled the Customs Tariff Amendment (No. 2) Act 2021 being reported to the House as printed? There are none. The Bill has been report ed as printed. Members, that brings us to a close of business for the day. …
Thank you, Deputy. Members, are there any objections to the Bill entitled the Customs Tariff Amendment (No. 2) Act 2021 being reported to the House as printed? There are none. The Bill has been report ed as printed. Members, that brings us to a close of business for the day. We will now do the third readings. We will start with . . . well, Minister of Finance, they are all yours. Minister of Finance, would you like to do your third readings?
SUSPENSION OF STANDING ORDER 21
Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Insurance Amendment Act 2021 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections to the Bill being read a third time by its title only? There are none, continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INSURANCE AMENDMENT ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now read a third …
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and has now passed. Continue, Minister. [Motion carried: The Insurance Amendment Act 2021 was given a third reading and passed.] SUSPENSION OF STANDING ORDER 21 Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be …
The Bill has been read a third time by its title only and has now passed. Continue, Minister.
[Motion carried: The Insurance Amendment Act 2021 was given a third reading and passed.]
SUSPENSION OF STANDING ORDER 21
Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Companies Amendment and Validation Act 2021 be now read a third time by its title only. The Speaker: Are there any objections to the Bill being read a third time by its title only? There are none, continue.
[Motion carried: Standing Order 21 suspended.]
BILL
THIRD READING
COMPANIES AMENDMENT AND VALIDATION ACT 2021
Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and has now passed. Thank you. Continue, Minister. [Motion carried: The Companies Amendment and Validation Act 2021 was given a third reading and passed.] SUSPENSION OF STANDING ORDER 21 Hon. Curtis L. Dickinson: Mr. Speaker, I move that …
The Bill has been read a third time by its title only and has now passed. Thank you. Continue, Minister.
[Motion carried: The Companies Amendment and Validation Act 2021 was given a third reading and passed.]
SUSPENSION OF STANDING ORDER 21
Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Bermuda Monetary Authority Amendment (No. 2) Act 2021 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections to the Bill being read a third time by its title only? There are none, continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be …
Are there any objections to the Bill being read a third time by its title only? There are none, continue, Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and has now passed. Next item. [Motion carried: The Bermuda Monetary Authority Amendment (No. 2) Act 2021 was given a third reading and passed.] 226 10 December 2021 Official Hansard Report Bermuda House of Assembly SUSPENSION OF STANDING …
The Bill has been read a third time by its title only and has now passed. Next item.
[Motion carried: The Bermuda Monetary Authority Amendment (No. 2) Act 2021 was given a third reading and passed.]
226 10 December 2021 Official Hansard Report
Bermuda House of Assembly SUSPENSION OF STANDING ORDER 21
Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Customs Tariff Amendment (No. 2) Act 2021 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections to the Bill being read a third time by its title only? There are none, continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING CUSTOMS TARIFF AMENDMENT (NO. 2) ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now …
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and has now passed. [Motion carried: The Customs Tariff Amendment (No. 2) Act 2021 was given a th ird reading and passed.]
The SpeakerThe SpeakerThank you, Members. Thank you, Ministers, for your participation today.
The SpeakerThe SpeakerGood evening, Premier. Hon. E. David Burt: Mr. Speaker, at this time it is my pleasure to move that this Honourable House— Hon. Derrick V. Burgess, Sr.: Before you move, Mr. Speaker.
The SpeakerThe SpeakerYes, Deputy. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. I move that Standing Order 21 be sus pended—
The SpeakerThe SpeakerYes, I forgot . . . one second, Mr. Premier. I forgot that the Deputy has the most important thing that he likes to do every year around this time. [Laughter]
The SpeakerThe SpeakerAnd I was not allowing him to have that privilege. Deputy, go right ahead. SUSPENSION OF STANDING ORDER 21 Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that a message be sent to the …
And I was not allowing him to have that privilege. Deputy, go right ahead. SUSPENSION OF STANDING ORDER 21
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that a message be sent to the Senate conveying Christmas and New Year’s greetings.
[Motion carried: Standing Order 21 suspended.]
MESSAGE TO THE SENATE
CHRISTMAS AND NEW YEAR’ S GREETINGS
Hon. Derrick V. Burgess, Sr.: “To the Honourable the President and the Members of the Senate: “The Speaker and the Members of the House of Assembly desire to extend to the President and Members of the Senate our greetings and best wishes for Christmas and the New Year.”
SUSPENSION OF STANDING ORDER 21 Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I have another one. I move that Standing Order 21 be suspended to enable me to move that Christmas greetings and best wishes for the New Year be conveyed to His Honour the Speaker. [Motion carried: Standing Order 21 suspended.]
MESSAGE TO THE SPEAKER
CHRISTMAS AND NEW YEAR’S GREETINGS Hon. Derrick V. Burgess, Sr.: I move that His Honour the Speaker be requested to accept Christmas greetings and best wishes for the New Year from the Members of the House of Assembly.
SUSPENSION OF STANDING ORDER 21 Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I have a final one. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that Christmas greetings and best wishes for the New Year be conveyed to Her Excellency the Governor, Ms. Rena Lal-gie. [Motion carried: Standing Order 21 suspended.]
MESSAGE TO THE GOVERNOR
CHRISTMAS AND NEW YEAR’S GREETINGS
Bermuda House of Assembly Hon. Derrick V. Burgess, Sr.: I move that his Honour the Speaker, be requested to convey to Her Excellency the Governor, Ms. Rena Lalgie, hearty Christmas greetings and best wishes for the New Year from the Speaker and the Members of the House of Assembly. And greetings to all Members of the House of Assembly for the holidays. Thank you, Mr. Speaker.
The SpeakerThe SpeakerDeputy, thank you for that. I accept the well wishes, and in return I likewise do the same for all Members and their families. I trust that during this holiday seas on we will get to spend time with our loved ones and enjoy the reason for season.
Mr. Premier.
ADJOURNMENT
Hon. E. David BurtpremierThank you, very much, Mr. Speaker. Mr. Speaker, it is my pleasure to move that this Honourable House do now adjourn until Friday, 4 February 2022. And I am informed, certainly, and I know that at least one of my Members will be speaking on the motion to adjourn, Mr. …
The SpeakerThe SpeakerAt least one? That’s sounds good. Just one? [Crosstalk] Hon. E. David Burt: If you wish to throw down the gavel so quickly; it is a merry Christmas. And I would like to let you know, Mr. Speaker, I do intend to close out today’s motion to adjourn.
The SpeakerThe SpeakerWell, we will make you the second speaker. How is that? [Laughter]
The SpeakerThe SpeakerWould any Member like to make a contribution at this time?
The SpeakerThe SpeakerMP Foggo, you have your 20 minutes. COVID -19—GOVERNMENT MUST BE ALL-EMBRACING IN FIGHT AGAINST
Ms. Lovitta F. FoggoThank you, Mr. Speaker. Mr. Speaker, first let me make an apology to the House and the people of Bermuda, because when I asked for a point of information, I put out some information that was incorrect in the way in which I presented it. And for that I apologise …
Thank you, Mr. Speaker. Mr. Speaker, first let me make an apology to the House and the people of Bermuda, because when I asked for a point of information, I put out some information that was incorrect in the way in which I presented it. And for that I apologise to the Member Chris Famous, but more importantly, I apologise to the House and to the people of Bermuda because I would never ever want to be seen as inciting people or inadvertently encouraging people to disobey the rules. And I have left a message for Member Famous to explain actually what I was trying to explain to the House and did a poor job of that. And so I hope the House accepts my apology on that one.
Ms. Lovitta F. FoggoYes, thank you. Mr. Speaker, it is the en d of a year. It is not the end of our fiscal year, but it is almost the end of the calendar year. And, Mr. Speaker, at this point in time before we break for the holidays I feel it is …
Yes, thank you. Mr. Speaker, it is the en d of a year. It is not the end of our fiscal year, but it is almost the end of the calendar year. And, Mr. Speaker, at this point in time before we break for the holidays I feel it is important to remind Bermudians that as a Government how tirelessly we have worked to try and provide our people with an atmosphere and an infrastructure that will allow them to manage throughout what has been proving to be a very difficult economic time, and a very difficult time in terms of the crises that we face and the wor ld faces with COVID -19. Mr. Speaker, it behoves me to remind people that in spite of some of the regulations that this Government has put in place, [they] have been met with the chagrin of many people and with the well -wishers and praises of many others. Nonetheless, this Gov-ernment has put in policies that we believe have been in the best interests of the people involved. I have to say that when we look at things like the unemployment benefit, when we are still putting in apprenticeship programmes, when we have put moratoriums on various categories of work to ensure that Bermudians are first and foremost for employment, we understand that these are measures that we have to take in order to help our people survive what is a very, very trying situation. Mr. Speaker, let’s not forget the health regulations with quarantines, where we locked down the economy at times and we have seen businesses close. We have seen other businesses open, you know, for those who have a real entrepreneurial spirit who through all of this have been able to find a way to open up businesses. Having said that, we have the BEDC that has given loans to small businesses to assist them through this problem with COVID -19. We have seen small grants being given to sports clubs and the like because of the programmes that they offered, all under the mantra of trying to help move our Bermudian people forward. I point all of that out to say that because of the trying times it makes it difficult for people to sometimes appreciate and see that, in spite of it all, we are 228 10 December 2021 Official Hansard Report
Bermuda House of Assembly still trying to operate in a manner that will indeed help our people to move forward, help our economy to move forward. And in a situation where we have a Government that does not have money to spare, so to speak, it requires us to use our ingenuity to try to manage through this situation where, no matter what, through it all the end result will be a win- win. That is our focus. That is what we are trying to produce. And though there are people and businesses that have fallen along the way, we are still keenly focused on trying to ensure that in spite of it all we help our peo-ple to march forward from 2021 into 2022, and march forward to better days, Mr. Speaker. Mr. Speaker, having said that, I still believe that we in Government have differing opinions, especially in regard to the health crisis. I still believe, and I believe my Government believes —in fact I know that they do— that we have to be the voice for all. And in saying that, there is still a large constituency of persons who w ant our Government to continue to try and implement policies and measures that embrace all, regardless of what type of ends they employ to combat this COVID -19 battle. So, once again, I feel that it is incumbent upon me to encourage and ask my Government t o continue to do things and to continue to employ measures that are all -embracing. So, while the Government has promoted vaccinations —and let me say up front that it is every person’s personal choice in terms of getting vaccinated or not to help combat this war on COVID -19—I do believe that it is incumbent upon us to look at the science, which is constantly changing, and to look at other measures that are proving to be quite effective in this fight against COVID -19. And where and when the Government can, l ooking at the science, [they should] employ those measures because, Mr. Speak-er, one thing that has been made very clear, early treatment in this fight against COVID -19 has proven very beneficial for those who suffer under COVID -19 because we know that there is at least between a 98 per cent to 99 per cent recovery rate for COVID - 19. So, even for those who have sadly lost their lives and for those who have been struck down extremely ill from COVID -19, or who have experienced long-term effects —when I say long- term, I mean ongoing effects from COVID -19 who have recovered but are still suffering certain ailments as a result of COVID -19—we know early intervention helps prevent all of this and that there are doctors who are using other medic ations that are proving to be successful. In fact, if a drug has been approved by the FDA for medical purposes the FDA does not then dic-tate to doctors. If doctors find that they are using drugs to treat people differently, the FDA does not dictate to them that they cannot do this. In fact, we all know of . . . for instance, the doctors sometimes treat women for menopause, and they give them antidepressant drugs. But certain types of antidepressant drugs are very beneficial for persons who are going throug h menopause and suffering from hot flashes. Doctors with cancer patients sometimes find them-selves in a situation where a typical drug for this type of cancer is also beneficial for something else, yet that is not what it has been prescribed for. And the profession has always been respected in terms of nobody questions when they treat their patients as long as the doctor is trying to remedy the situation. So, Mr. Speaker, we know there are persons who prefer to employ other methodologies for the treatment of COVID -19. And those persons do not necessarily speak out against vaccination or anything like that, they just may not believe that vaccination is in th eir best interests and, in some cases, [it has been] proven medically that it is not, or for religious reasons that it is not. It is their choice. So, I would encourage when you have (and this is not the Government, this is private enterprise) insurance c ompanies who have, I guess, taken it upon themselves to decide that they are not going to cover drugs that they had previously covered because they now believe that those drugs are being used for something else, I say to our Government that is something that we should definitely look into. Are we now putting the power into the hands of the insurance companies to decide what gets covered in the admin-istering of drugs that if a doctor is not going to use it for (a) over here; but they are going to use it for (b) over there, that they are not going to honour that now? It is a concern for me, because where does it stop? And will they use this as a precedent to then wield their authority in other situations? So, I would ask my Government to look at that under a l ens with a view to ensuring that this type of behaviour stops, because it should not be allowed that an insurance company has authority and say, indirectly, over what doctors prescribe for treatment and they are not going to honour that by covering it with insurance even though you have the patients who pay for their insurance. It should not fall under their remit. I would hope that we look into that practice because, again I ask, where next will they go in terms of saying they are not going to cover this b ecause they don’t feel like it, because this doctor is using it to treat toe fungus and it says on the back of it that it is used to treat tongue fungus? I am using very simple examples to try and explain what I think is a situation that requires Government to look at under the microscope because we cannot give power to organisations like that, and they inadvertently have power over people’s health. Again, I would say to my Government to lead the way (we have been doing it all this time), continue to lead the way by demonstrating that we govern for all, and we do, and demonstrating that in our actions even when it comes to health care [we can] meet with health care providers and listen to and hear some of the . . . or even meet with some of the people who
Bermuda House of Assembly have benefitted from some of the treatments and use that information along with other verified research to employ other measures. As was said earlier today, we do not know when this issue with COVID -19 is going to end. And we need to have an open- minded approach and we need to employ a multi -pronged approach because I think what we can say is that it is imperative that we do get on top of this situation. We do not want to see more businesses fold because of measures that may have to be put in place if we fi nd ourselves in a situation where, in respect of COVID -19, things are getting unmanageable again. We do not want our children in situations where they cannot get the real benefit from a social point of view of being in the classroom and in the school setti ng and they are forced to stay at home learning online. There is some real education that takes place when young people are allowed to mix together. It is not all just from books, as we all know. They learn how to conduct themselves and uphold themselves w ithin a society. So, when you look at some higher -learning institutions, they have a real concern about what de-gree of learning is taking place, especially when children are forced to do most of their learning online. I know it is something that is of concern to the Ministry of Education, and I have no doubt that they have their eye on this. We do not want young ones graduating and moving up the ladder within the edu-cation realm and finding that there are glaring deficits that were not easy to capture because of the online delivery. So, I want the people of Bermuda to know that I stand steadfast with my Government in terms of fighting this war on COVID -19, and that we as a Government are there to try to do what is necessary to get us through this fights an d through this economic decline in a positive way, and in a way where people can move forward. Mr. Speaker, I want to wish everybody a very merry Christmas. And I want to wish them a happy New Year when it comes. I want them to know that we will go forward together and that we can win this fight if we stand as one, regardless of what ammunition we pick up in fighting this battle. Mr. Speaker, you too have a very merry Christmas and happy New Year.
The SpeakerThe SpeakerThank you, Honourable Member. Would any oth er Member wish to make a contribution this evening? Any other Member? Hon. N. H. Cole Simons: Mr. Speaker.
The SpeakerThe SpeakerI am trying to catch your voice. Hon. N. H. Cole Simons: Opposition Leader.
The SpeakerThe SpeakerAh, Opposition Leader, yes, go right ahead. You have your 20 minutes. CHRISTMAS GREETINGS Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I was not prepared for today’s finale, but anyway, it is here for the end of the Christmas term, so to speak. As we all know, this …
Ah, Opposition Leader, yes, go right ahead. You have your 20 minutes. CHRISTMAS GREETINGS
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I was not prepared for today’s finale, but anyway, it is here for the end of the Christmas term, so to speak. As we all know, this year has been a very special year, a time for reflection. It has been the height of our individual and collective journey as politicians, as parties and as a country. We have travelled through difficult times throughout the year, and we have travelled through successful times throughout the year. And those difficulties and successes have carried us through 2021. So now, as we reflect on where we were, it is time for us as a country, as individuals, as parliamentarians to begin a new year which will mark a new season of our lives. We must re- examine our accomplishments, we must re- examine the challenges, and, as I said, it is time for us to clearly focus on our dreams, our possibilities, our new hopes and new aspirations for our families, for our country and for ourselves. Mr. Speaker, it is time for us as a country to renew our collective resolve to unite behind a vision of cohesiveness, a vision of an inclusive society in pursuit of our individual freedoms, human rights, peace and, I underscore, shared prosperity. Mr. Speaker, obviously 2021 is no ordinary festive season. Like 2020 it was a difficult year be-cause of the COVID -19 pandemic. It brought hardship and disruption and pain to all of our lives, be it Government, be it Opposition, be it family members, be it neighbours, be it friends, be it brothers or sisters. I would also like to take this time to remember those families who have lost loved ones and are facing their first Christmas with pain and sorrow because of the difficult year they have had and the loss of their family [member]. I think as politicians, we need to embrace those families so that they know that we are here to support them during this time of grief. A kind word, sharing a meal, or even just touching base can do so much for those families who are going through difficult times this Christmas. Mr. Speaker, I also would like to thank our frontline workers, our health care workers, hospital staff, our teachers, the grocery store staff, retailers, our armed forces, the Bermuda Police Service, and the Fire [and Rescue] Services, for without their support we cannot and would not have been able to be where we are today. I would also like to recognise the support of our community at large. Again, we have had four spikes. And, generally speaking, most of Bermuda has been disciplined in regard to the protocols that are continued to be prescribed by the Minister of Health. We have had a few irresponsible people who have caused some challenge. But, generally speaking, I and the One Bermuda Alliance, and I ex pect the entire House, all of us salute most Bermudians who adhere 230 10 December 2021 Official Hansard Report
Bermuda House of Assembly to COVID -19 protocols to ensure that their families and our community are safe. Mr. Speaker, as I said, I will not be long. We need to stand together and build a united and prosperous Ber muda. So, on behalf of my family, the One Bermuda Alliance, I say merry Christmas to Bermuda, to you and your family Mr. Speaker, and to residents of constituency 8, Smith’s South. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a comment at this time?
The SpeakerThe SpeakerMP Tyrrell, you have your 20 minutes. PLP GOVERNMENT DELIVERING ITS MANDATE
Mr. Neville S. TyrrellThank you, Mr. Speaker, for the opportunity to speak on the motion to adjourn this evening. As usual, I will be brief, and hopefully not too repetitive. Mr. Speaker, I will shortly be celebrating five years in this Honourable House. In fact, it’s ten days from now. Without any reservation …
Thank you, Mr. Speaker, for the opportunity to speak on the motion to adjourn this evening. As usual, I will be brief, and hopefully not too repetitive. Mr. Speaker, I will shortly be celebrating five years in this Honourable House. In fact, it’s ten days from now. Without any reservation I can state that I have thoroughly enjoyed being part of the PLP team whose main aim has been to legislate for the betterment of Bermuda. I should also add that your guidance during my time has been appreciated. So I say thank you. Mr. Speaker, I almost did not make it here. In fact, you and many others would probably be familiar that prior to December 2016 I had failed on three consecutive occasions to win a seat, in 2003, 2007, and 2012. All painful losses. But I guess I can truly attest to the saying, no pain no growth. Mr. Speaker, after the third time I had a heart -to-heart discussion with former Premier Dame Jennifer [Smith] who, in her brief and wise style, reminded me of her failed six attempts. Dame Jennifer told me to do the math, suck it up and get on with it. Following that pep talk, I then had a discussion with my very good friend and cousin, MP Christopher Famous, who also encouraged me to hang in there. And, as the saying goes, from the byeelection in 2016 the rest is history. Mr. Speaker, I started my comments with that story deliberately in order to take the opportunity to publicly thank in particular those two colleagues who supported me, and also my family. They are the reason I stand in this House today, warts and all. I initially came in as an Opposition Member and worked with an Opposition team that, in my opinion, understood its role and held its own on the floor of the House of Assembly. Six months later, in the 2017 General Elec-tion, I was again fortunate to be sent back here by the constituents of C -26 as a Member of the Government in this Honourable House, and again in 2020, as I am now, under our present leader, the Honourable E. Da-vid Burt. Mr. Speaker, that is my opening. I will now change gears. I used the term earlier that t he PLP were an Opposition that understood its role and held its own. I use that term to make a comparison between the PLP team in Opposition and the present OBA Opposition. I do not wish to be unkind to this Opposition, it is just my opinion, in describing them as long on rhetoric, mostly negative, bringing few ideas or suggestions of any substance. The same Opposi-tion constantly gets to their feet [wanting to] have a Kumbaya moment and, like parrots, state that they want to work with this Government, and t hen, Mr. Speaker, later on they slowly slip into a moment of tearing down our programmes as if they could have done better.
The SpeakerThe SpeakerWe will take your point of order. POINT OF ORDER [Misleading]
Mr. Scott PearmanThe Honourable Member is misleading the House. We have had two pieces of business and four Bills today, all of which were carried out with bipartisan support. He is misleading the House.
Mr. Neville S. TyrrellMr. Speaker, I accept that point of order, but let me say that today I guess is an aberration, but I can also say that I could have probably summed it up . . . No, I won’t go there. I will just continue, Mr. Speaker.
The SpeakerThe SpeakerYes, try and find a stronger line to take. I will remind all Members that the whole process of parliament is a scrutinising process. Scrutiny comes with different opinions, different viewpoints and that is what we are here for.
Mr. Neville S. TyrrellThank you, Mr. Speaker. I appreciate that as well. However, I just want to say that their one term did not end well. But anyway, Mr. Speaker, let me remind the Opposition that just as the public is watching us as Government, the public is watching and grading them as …
Thank you, Mr. Speaker. I appreciate that as well. However, I just want to say that their one term did not end well. But anyway, Mr. Speaker, let me remind the Opposition that just as the public is watching us as Government, the public is watching and grading them as Opposition. So, if they continue to try and score political points giving the impression that they do care, well, that is fine. They ar e failing. The public will remember that contract though that was signed in the dark, that saddled us as taxpayers with 30 years of financial MRG payments. That event is going to be hard to forget.
Bermuda House of Assembly Mr. Speaker, it would be appropriate if you would allow me to quote a brief statement that I saw in the Royal Gazette recently. May I? It is very short.
Mr. Neville S. TyrrellMr. Speaker, it says. It’s easy to judge when you are not in the driver’s seat. It is not difficult to im agine that I am proud to be contributing to this PLP Government. [Inaudible interjections]
Mr. Neville S. TyrrellMr. Speaker, am I speaking only? I hear something in the background.
The SpeakerThe SpeakerMembers, just remember to mute your microphones.
Mr. Neville S. TyrrellWhat I was saying is that it is not difficult to imagine that I am proud to be a contributing Member of the PLP Government, a Government that has shown on many occasions that we are here for the benefit of all of Bermuda. Not a select few. We do …
What I was saying is that it is not difficult to imagine that I am proud to be a contributing Member of the PLP Government, a Government that has shown on many occasions that we are here for the benefit of all of Bermuda. Not a select few. We do not have any intentions of leaving anyone behind. Our success list is long and open for public scrutiny. In fact, the Member before me spoke of many of those successes, so I will not repeat them, and I will not go on. But all those successes have shown us as a caring Government. Mr. Speaker, I will be cautious to not reflect on a previous debate. However, it would be remiss of me not to state that I support all of those items promised in the recent Speech from the Throne, even if it was described in the Reply by some as being short in what it delivered. Mr. Speaker, it did not take rocket science to note that our approach has been calculated in how we acknowledge our mandate, and how well we have presented to the people the direction in which we wish to take Bermud a. This follows, in my opinion, our sound management of the COVID -19 pandemic. Our management of the COVID -19 pandemic, Mr. Speaker, has not gone unnoticed, as many of my constituents have sent several complimentary notes and made calls expressing their support for this Govern-ment’s approach to keeping us safe. We have a plan, Mr. Speaker. Let me take this opportunity, as many others have already done, to thank all of the essential and frontline workers who have and continue to do yeoman work under very tr ying conditions. Those of you essential and on the frontline, we appreciate you. Again, I say thank you and I encourage everyone to give them the respect that they are due. Mr. Speaker, again, not wanting to reflect on any previous debate, I wish to commend our Ministers for their press conferences since the Speech from the Throne, clearly explaining our initiatives in detail to the public and laying out those things that will support our Economic Recovery Plan. We have a plan, something I hope the Opposit ion Members not only listened to but took note of the fleshing out of our proposals which complemented the items that were in the Speech from the Throne. Mr. Speaker, again I say it is clear, this PLP Government has a plan. Mr. Speaker, I remind us of promises made by this Government, promises this Government intends to keep to the people of Bermuda. Mr. Speaker, since my time in the House and especially over the last 20 months, this Government has had to make several tough decisions to move and execute our mandate and promises to the electorate, especially now, with our Economic Recovery Plan. Now, knowing my colleagues as I do, I wish to assure the public that those 31 priority items over seven key areas will be addressed, leading us to lowering our debt and providing opportunity for Bermudian people to prosper. It takes time. Mr. Speaker, it is no secret that governing is difficult. You do not get to please everyone. It may appear to some that we have been slow in delivery, but this PLP Government has chosen to be steady and deliberate in producing satisfactory results. Our intention, as often mentioned by Premier Burt, is to measure twice, cut once. Mr. Speaker, as I draw near to wrapping up my comments, with the upcoming holiday season up-on us, I wish t o make three appeals to the public on things that have been concerning me. First, to our young people: please understand that life is precious. We live on an Island envied by many. I ask that you make responsible choices and decisions in all that you do; y our future, your friends’ and families’ future depend on those choices and decisions. Second, to the general public, whether you are younger or older: please use courtesy on our roads. It is scary watching traffic coming toward me in the morning in the thi rd lane and with the expressions of road rage. People, we can do better. We can do better on our roads. Third, especially during the upcoming season, please, let’s all be kinder to each other. We seem to have lost our human touch and the Bermudian way. As many of us were taught when we were young, a good morning and hello still go a long way. Mr. Speaker, in making those three appeals together with the investment this Government is mak-ing in our people, I am hopeful these will lead to a better Bermuda for us all. Mr. Speaker, on the eve of my five years in this Honourable House, I will end my brief comments by saying, as I started, I have thoroughly enjoyed my time here so far, and I further pledge to continue to do 232 10 December 2021 Official Hansard Report
Bermuda House of Assembly my best to assist this Government in fulfi lling our promises and executing our mandate to the people of Bermuda. Finally, Mr. Speaker, I will end by expressing season’s greetings to all. I wish my colleagues and all Bermuda a safe and happy holiday. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Any other Member? Hon. Tinee Furbert: Mr. Speaker.
The SpeakerThe SpeakerYes. Is that Minister Furbert? Hon. Tinee Furbert: Yes, it is, Mr. Speaker.
The SpeakerThe SpeakerMinister Furbert, you have your 20 minutes. CLARIEN BANK CHARGING IN-PERSON TELLER FEES Hon. Tinee Furbert: Thank you. I surely will not take 20 minutes, Mr. Speaker. But I do want to talk about an issue that has been on my mind and has been pressing for some time. Mr. …
Minister Furbert, you have your 20 minutes.
CLARIEN BANK CHARGING IN-PERSON TELLER FEES
Hon. Tinee Furbert: Thank you. I surely will not take 20 minutes, Mr. Speaker. But I do want to talk about an issue that has been on my mind and has been pressing for some time. Mr. Speaker, I do want to bring the public’s attention, which they already know because I have had tons of people contact me already, sending me screenshots of a particular bank’s change in their schedule of banking fees. Mr. Speaker, I feel as though I have to address this. Many may have seen already where a particular bank has put out a change to their banking fees where they will be charging or they have already started to charge, because this is now [in effect] as of November 5, 2021, where they are charging persons for in- person teller fees. And I believe it is about five dollars for different transactions. Mr. Speaker, I have to call out the bank’s name because I do not want all of the banks to be known as being in this category or acting in this capacity, and the bank that I speak of is Clarien Bank. Mr. Speaker, we must all agree that banking is essen-tial. It is essential to our community. It is essential to our people. And even though we are moving toward a digital age, Mr. Sp eaker, we must give our people time, we must give our people options. We must not leave people behind in the process of electronic banking or [in] the digital age. While you and I may be tech savvy, there are many people who are not. And there are many seniors, in particular, no matter how much time we can take to teach someone something new it will still be challenging for them to achieve, because in the electronic world things are constantly changing. They are constantly being updated, and if you are not someone who is constantly on a computer or on a smartphone device, you will lose track! I am sure we all recognise that we have to go into our smartphones, and we have to do updates to be able to stay current with the apps that we have. Right? It is cons tantly moving; it is constantly changing. And so, there are many persons who just will have difficulty catching up and staying in tune with the constant change of technology. And so, we must understand that, Mr. Speaker. We must not leave people behind in the process. I have to speak to this. The fee is five dollars. Particularly for seniors who are already having to de-cide how they are going to use their money, you know, we have to embrace having a fair and just system and continuing with access. While I have an appreciation again for the digital age–– because I myself do not like standing in lines to wait, I am a person who likes to multitask. So, if I can do my banking online while I am doing something else ––I have an appreciation for that. But there are many people who still appreciate that in- person experience where they can talk to someone and get a better understanding. They can look into someone’s eyes. They can read someone’s lips so that they get a better processing of what is being told to them, par ticularly as it relates to someone’s money. Mr. Speaker, seniors who are on fixed incomes, persons who are less tech savvy, we know persons with disabilities who will find themselves as being the most disadvantaged population, the [largest segment] of the population who are living in poverty. I do not understand this, Mr. Speaker. Why would we want to leave people behind like this? We must not treat people like this, Mr. Speaker. We must be fair regardless of their age or their health status. We have a rap idly growing senior population, Mr. Speaker, and that includes all of us, because we will all be seniors one day. And we have to be very knowledgeable about how this will affect us as well! While, as we age, we might be a little bit more technical savvy, b ut as I said, it is a changing industry, and so we are not going to be as well in tune as we age. And so, Mr. Speaker, banks must modify their services. They must give people time. They must give people time to understand this electronic banking. They must minimise the impact that it has on persons who are more disadvantaged and persons who are less tech savvy, particularly in this period of financial crimes, Mr. Speaker. Okay, so we force seniors to go and use a digital platform. Like I said, everyone is n ot going to get it, and so, we also know that there is an increase of financial abuse against seniors. So, they are going to have to ask someone to help them to do their banking online. That is going to lead to all sorts of problems, Mr. Speaker. It is goi ng to increase the risk of financial abuse, Mr. Speaker. They will give their banking information to someone to do a transaction for them online, and when they look, their money is going to be swiped right from under their noses.
Bermuda House of Assembly So, I urge the Clarien Bank or any other bank who is considering doing this to not do it, Mr. Speaker. Create opportunities for access, create opportunities for in -person banking, again, banking being an essential service, Mr. Speaker. Actually, I would like to see the continuance of education and providing opportunities to be able to use digital platforms right directly in the bank, or providing some sort of online education forum to help persons to stay abreast with these new digital platforms. It is a must. We have to put provisi ons in place, Mr. Speaker. We must continue to not allow our banking institutions to get away with things like this. It is just . . . it is plain wrong to put a five- dollar fee in place for in-person teller services. It is not fair or just. Just like it is not fair or just to include COVID -19 as a reason for why you cannot claim on your mortgage protection insurance. Who does this, Mr. Speaker? But they only do it if we are allowing them to do it! Mr. Speaker, today is Humans Rights Day, and so we must cont inue to do things right. We must continue to protect people. We must continue to protect the rights of people. Mr. Speaker, we must put banking conduct codes in place to protect our people. We will all be seniors. It cracks me up every time when we speak about persons who are seniors or elderly, forgetting that we are going to be in that place one day. Well, maybe not forgetting, but not seriously acknowledging that the issues that our seniors face may also affect us as well. And so, we must protect oursel ves. Mr. Speaker, I had to get that off my thoughts and off my mind. I would seriously want our banking institutions to reconsider these banking fees and to not charge them at all, because they do disadvantage many persons.
CHRISTMAS GREETINGS
Hon. Tinee Furbert: At this time, Mr. Speaker, I do want to remind everyone to look out for your loved ones, look out for people who are in need. I think we do come together as a community and do support one another during this Christmas season, and as my constituent, Ms . Sherry Bailey, would say, Do not leave the birthday boy out of his own celebration. So, Mr. Speaker, I want to say to my constituents and also Bermuda as a whole in general, have a very merry Christmas, have a very Happy New Year. To everyone, please be safe as you enjoy your celebrations, enjoy your families, enjoy your loved ones, and we will see you and resume in the House come next year. And the same regards season’s greetings to my colleagues, as well as yourself, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you, Minister and likewise, I return to you good wishes for the holiday season and the New Year . Would any other Member like to make a contribution at this time? MP Richardson, you have your 20 minutes. COVID -19—BERMUDIANS URGED TO REMAIN VIGILANT
Mr. Anthony RichardsonGood evening. Mr. Speaker, I want to express my appreciation for the oppor-tunity to speak today. I am going to end as I ended the last session by speaking about COVID -19, though in the context of a survivor. And I do not want to be overly dramatic, but I …
Good evening. Mr. Speaker, I want to express my appreciation for the oppor-tunity to speak today. I am going to end as I ended the last session by speaking about COVID -19, though in the context of a survivor. And I do not want to be overly dramatic, but I really want to have the public understand that we as Members of Parliament do really understand the context of the challenges that we are all going through when it comes to COVID -19. I want to emphasise that I do not take it lightly. And the reality for me is that when the Minister of Health announces that there has been yet another death, I am sorrow ful for the family that is going through that, but I am also honestly mindful of the fact that it could have been me. When I had the virus, it was explained to me that, Anthony, irrespective of your personal experience, it could have been much worse. And s o, to each and every family member that has experienced a loss, I offer my condolences yet again. And as others have already spoken, I recognise that during this Christmas season, a time of almost universal celebration, those persons may feel it even more so, because this would be the first Christmas without their loved one. On a constructive note, I certainly want to also encourage every single person in Bermuda to remain vigilant in the context of COVID -19. It does not matter whether you are vaccinated or not, follow the guidelines that have been announced, emphasised, repeat-ed by the Minister of Health and everyone else. I want to also encourage us all to have a balanced discussion around COVID -19, not vaccinated versus unvaccinated, but the reality is that we are in this boat to-gether. And on that note, I want to speak briefly to the Government strategy around risk mitigation. I will again heartily commend the Premier because he did say to me some time ago that the Gov-ernment is trying its best to minimi se the incidence of COVID -19 in Bermuda. And more recently, the Government has announced that it is going to be more flexible when it comes to the COVID -19 protocols. And one basis of the increased flexibility is the fact that there are now more persons in Bermuda who are vaccinated. And I want the public to understand that yes, we do not all agree with every single thing that the Government has done in the context of COVID -19 protocols. There has been significant inconvenience, I’ll underscore that —signifi cant inconvenience. But if we look at the Government strategy, we have to give credit to the fact that it is practical. 234 10 December 2021 Official Hansard Report
Bermuda House of Assembly And so, I will say again, the Premier stated that now that there are more persons who are vaccinated, Bermuda’s approach to the whole CO VID-19 protocols can be a little bit more relaxed. But in that context, we all have to still remain sensible, follow the guidelines, wear a mask, [practice] hand sanitising, social distancing where appropriate and all the rest of those things. And I do not e that given that we are now in the Christmas season and the Honourable Tinee Furbert who just spoke about it and encouraged not to forget the “birthday boy” during this time of celebra-tion, because it is a Christian holiday in celebrating and recognising Jesus Christ’s birth. But while we all go through this, normally a happy period, let’s still as best we can minimise those that we interact with. We have to be creative in finding other ways to celebrate with our families. Let’s make sure that we do not leave out those persons in our families. Do not make any assumptions as to, I do not need to see this person, because everyone would respond positively to an outreach. I will say I am looking forward to ongoing flexibility when it comes to those persons who may have contracted the virus and have now recovered, be-cause there is obviously some level of natural immuni-ty. And I know that the science is a bit varied in terms of the degree to which a person who has recovered is immunised against catching COVID -19 again, but I am looking forward anyway to some more flexibility in that regard. Mr. Speaker, I am definitely no expert in this regard, but I am very conscious of a person’s mental health, both in going through the COVID -19 experience . . . and when I say t hat I mean that if you or someone else has COVID -19 and you have to be quarantined, it is definitely a different feeling to be told that you must now remain virtually at home in a con-fined space. Irrespective of how, you know, your physical house is, it is a different mental thought process to go through, knowing that you have to remain in that physical space. And so, I am saying that again because I want us all to be mindful of that, and for the general public to be aware of the fact that, again, I am not an expert in that field, but know that the Government is sensitive to a person’s mental health and is still trying to maintain steps and approaches to ensure that mental health approaches are, in fact, addressed. Before I close, Mr. Speaker, I want to tak e the time to again emphasise my appreciation to the health professionals, broadly speaking. When I say health, I am speaking about everyone who is involved in the COVID -19 response, whether it be the Fire [and Rescue] Service, the hospital, the pure healt h workers that work at the hospital or, for example, in the Ministry of Health. But also, the Customs officers, Immigra-tion and others who have to greet persons at the airport, go through the surveillance and all those kinds of things, because there are many people who are part of this process. I want to especially acknowledge though, the numerous young people who are involved in the strategy and the protocols and the fight against COVID -19. I continue to be amazed at the number of persons who are probably less than age 25 who respond, sometimes at a moment’s notice, to come, whether it be to the airport or otherwise to greet flights, to sometimes take the swabs and others. And sometimes at [all] hours of the night, [and all] hours of the day. And I say that again because so often we have a narrative whereby young people are not doing what they should do. There are so many more. And I want to encourage us to speak to the majority and not the minority. Yes, the minority are doing sometimes some crazy things, and sometimes what they do is so exceptional we have to speak to them. But the majority of our young people are doing positive things, and I want us to be sure that we encourage that.
CHRISTMAS GREE TINGS
Mr. Anthony RichardsonAnd so, I will conclude Mr. Speaker, by again saying to everyone I certainly wish persons a joyous Christmas, even in the context of whatever their personal circumstances are, and to know that no matter your personal circumstances, there are others who are in a worse case than yourselves. I …
And so, I will conclude Mr. Speaker, by again saying to everyone I certainly wish persons a joyous Christmas, even in the context of whatever their personal circumstances are, and to know that no matter your personal circumstances, there are others who are in a worse case than yourselves. I do not say that to be flippant, but what I want us all to do is to take some time during this Christmas time of giving and do at least one thing for someone else, because we will all be surprised at how effective doing good for others impacts them, but also impacts ourselves. As a very final comment, Mr. Speaker, my branch actually did a drive- by last week Saturday and we had Santa there. And as people drove by, I was watching them and looking at them as they drove by, and I was reminded of the f act that Santa still brings smiles to both adults and children. We expect it for children. But even for the adults, as they come by and as they are driving by, in that split second you can see they may a grimace or a frown on their face and when they see S anta, they smile. And for me, it was another indication that we can do small things to bring a smile to others’ faces. So, on that note again, Mr. Speaker, I wish you and your family a very merry Christmas. To all of the fellow Members of Parliament and t o every resident and visitor in Bermuda, please enjoy Christmas and do something positive for someone else. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution at this time? Any other Member? Bermuda House of Assembly Mr. Vance C ampbell: Mr. Speaker.
The SpeakerThe SpeakerMP Campbell, you have your 20 minutes. COVID -19—AN OPPORTUNITY FOR GOVERNMENT TO PAUSE AND RESET THE DIAL
Mr. Vance CampbellOkay, thank you. Mr. Speaker, on May 21 of this year in this Chamber, I referred to a May 11 article that contained a call to unity from two former Premiers of this country, Sir John Swan and the Honourable Alex Scott. Sir John said, “It is time for us …
Okay, thank you. Mr. Speaker, on May 21 of this year in this Chamber, I referred to a May 11 article that contained a call to unity from two former Premiers of this country, Sir John Swan and the Honourable Alex Scott. Sir John said, “It is time for us to find the collective will as a country, as a people to work together and work together in collaboration in moving Bermuda forward.” The Honourable Alex Scott said, “It is our responsibility to bring everybody together with the object of solving problems. . . . If collectively we now focus on finding those solutions to the challenges we have today, we are not going to do too badly.” Also, this year, Mr. Speaker, near the end of July, maybe the beginning of August, in this Chamber I used the Tour de France c ycling race [as an example]. I spoke about how within the race there exists a series of individual competitions and team competitions. And, Mr. Speaker, I said while those individuals and the team competitions are going on those very individuals who are competing against each other and the teams that are competing against each other regularly find that they must work together in order to accomplish their personal goals and/or in order to put themselves in the best position to succeed. Mr. Speaker, I spoke a bout the peloton and how due to aerodynamics of the group they can travel faster than an individual or a much smaller group. But I also advised that if the peloton failed to organise, and what that means is fails to work togeth-er or fails to work together in time, it will not succeed in traveling faster. And the individual goals and [those of] the team will not be realised. Mr. Speaker, I then brought the analogy of the Tour de France into a political context, stating that each of the 36 of us here in the House are part of two teams. We each have our individual goals, one of which was to win our seat. And we may each have individual goals beyond that. But we ran as part of two teams —i.e., our parties. And those parties each have their goals. The OBA have t heir goals, the PLP have our goals. Mr. Speaker, I mentioned how the ever - changing challenges we face as a country, and as a tourist and business jurisdiction can be equated to the changing terrain, the changing criteria and the weath-er conditions that the riders face in the Tour de France. And like the peloton, Mr. Speaker, I stated that if both parties work together, we still will meet and successfully navigate through the challenges that we face as a country. But if we fail to do so or if we fail to do so in time, Bermuda will suffer. In other words, the consequences of the two parties not working together are more, way more serious, way graver than failing to win a race or an individual competition within a race. Mr. Speaker, recently I had a conversat ion with Mr. Ed Williams, Jr. We were re- acquainting after not seeing each other for a long time. And during this conversation he made the statement that COVID -19 has provided us with the opportunity to pause, reset the dial and do things differently. Mr. Speaker, I ask my parliamentary colleagues as to whether we have. And I challenge them as to whether we are resetting the dial and doing things differently. PLP, are we? OBA, are you? When your constituent, when my constituent asks, Will I have a job? W ill I be able to provide for my family? What kind of future will my children have? Can we honestly say to them, There is hope because we continue to reset the dial and that we are working together and doing things differently ? What do you think, Mr. Speak er? Earlier this week Mr. Patrick Tannock, Chairman of ABIC, CEO of XL Bermuda Ltd., stated, Mr. Speaker, that Bermuda needs to “shatter the misconception” that it is a place where capital “goes to hide” and reposition itself as a place where capital goes to grow. He also called for a unified effort in order to meet the demands of a changed world. Mr. Speaker, it does not appear that he believes we have reset the dial or that there is unity of purpose. Mr. Speaker, to my party I ask, Do we have legislation coming in the near future to first attract more capital here, and second, create an environment that will facilitate its growth? Obviously, I am not talking about legislation that will cause damage to our jurisdictional reputation, Mr. Speaker. But we must [ask] again, how many investors have we lost, or lost out on because we moved too slowly? We are not responsive enough. Not like perhaps one of our competitor jurisdictions. Mr. Speaker, we all know that many of our laws are antiquated. And in some space “antiquated” could mean five years old. In some areas things are moving that fast. We must loosen some of the re-strictions on development within the city limits, Mr. Speaker, as an example. We must amend the laws pertaining to ownership dynamics of Ber muda companies to encourage external investment in Bermuda. Are we prepared to reset the dial and do things differently? Let us not be afraid of change, Mr. Speaker. Speaking of change, Mr. Speaker, I believe it was about two sessions ago that the Honourable Minister from constituency 12, Mr. Craig Cannonier, made 236 10 December 2021 Official Hansard Report
Bermuda House of Assembly a statement and complained (and these are my words, not his, so I am just trying to convey the effect) about how much time we waste as legislators in certain long- standing processes. And I agreed with him then and I agree with him now. Two examples that we are obligated to go through that would fit that bill in my opinion are the Speech from the Throne and the entire budget process. I am not saying that we should not go through an exercise around letting the public know what the Government of the day plans to do. I am not saying that we should not do an exercise to let the public know what we intend to spend. But we can do it so much better, so much more efficiently than the current process. And I believe there is a will on both sides of the aisle to do so, but once we start discussing it, it falls apart. We have done a lot for workers’ rights as a party. But I believe (and this is my personal opinion, Mr. Speaker) that there is a t ipping point, and we must maintain the proper balance. Otherwise, it becomes too burdensome for existing businesses, and we may see businesses closing. Those looking in who may want to start up new businesses may be deterred because we have gone too far perhaps in trying to bal-ance the scales between employer and employee. Mr. Speaker, on the topic of immigration we have been advised and we are all well aware of how immigration has been used historically to maintain certain people in certain positions and to keep certain other people in their place, so to speak. But it is incumbent on us to educate our people in this area so that we better understand that immigration policies can be a positive tool. They can be used in a positive manner to encourage populat ion growth and also to attract outside investment into Bermuda without being to the detriment of our existing population of Bermudi-ans. We can turn that tap on, Mr. Speaker. And when our objectives are achieved, we can turn the tap off. Mr. Speaker, there is no silver bullet that will turn our economy around. It will take many initiatives to improve our circumstances. And on that note I was pleased to see this week that SailGP will be returning in May. I quite like sailing particularly at that level. I stumbled upon the America’s Cup in the 1980s by chance. And what caught my attention [was] I came home late from a night out, and as I always did I turned on the TV to look at whatever sports was on. I could not find anything except the America’s Cup. This is we are talking the Dennis Conner days. And the commentator was saying one boat was behind 100 metres. And I am like, No way! There’s no way. So they then gave you a different angle so you could see. And I was intrigued, and every night thereafter I turned on my TV to catch the next race. But we will need many smaller initiatives to accomplish the turning- around of our economy. We can only best do that if we are working together. Mr. Speaker, in closing, the silver lining to COVID -19 is that it has provided us with the opportunity to pause, to reset the dial and to do things dif-ferently. Let us, the 36 of us, not waste this opportunity for the sake of our beloved country. CHRISTMAS GREETINGS
Mr. Vance CampbellMr. Speaker, I wish my fellow MPs, the House Clerks, the Senators, my constituents and all of Bermuda a merry Christmas and safe holi-days. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution at this time? Any other Member?
The SpeakerThe SpeakerYes. Good evening. MP Lister, you have your 20 minutes. IMPORTANCE OF TAKING TIME TO CARE FOR YOUR PERSONAL HEALTH
Mr. Dennis Lister IIIThank you, Mr. Speaker. Good evening to the listening public. Good evening to my fellow colleagues. Mr. Speaker, as we enter into the end of this year I, and I hope others, will take time to reflect on the year that is soon to end, 2021. Reflect on the good, …
Thank you, Mr. Speaker. Good evening to the listening public. Good evening to my fellow colleagues. Mr. Speaker, as we enter into the end of this year I, and I hope others, will take time to reflect on the year that is soon to end, 2021. Reflect on the good, reflect on the bad and see how to progress and improve for the year to come. With that said, Mr. Speaker, I must admit that I had been forced to take time myself recently to stop and reflect. Regular listeners to this House of Assembly may ask, Why haven’t I heard the representative from C-28 speak in a while? Well, Mr. Speaker, I had to slow down and take time for myself due to personal health reasons. In this time of public health [challenges], we must not forget each and every one’s own personal health, Mr. Speaker. I can say that now. As I said, I have been absent from this Honourable House for a while due to my personal health. Mr. Speaker, while I may be over 30, in my mid-30s, I still consider myself of the under -30 age group, Mr. Speaker, beca use I still consider myself young, healthful, vibrant and full of life. But recently, Mr. Speaker, I have had to slow down. As I said, I was forced to slow down and step back from the public due to personal health issues, Mr. Speaker. But I want to say especially to young men and young women, but to everyone, take care of your personal health. Whether you may be young, whether you might be middle- aged or of the older age, Mr. Speaker, your health should always be number one. So, as I said, Mr. Speaker, in this time with public health and there is so much going on, you must not forget and get lost in everything and forget about
Bermuda House of Assembly taking care of yourself. You are numero uno; you are number one. Take care of you because if you do not take care of yourself, Mr. S peaker, who is there to take care of you? Yes, we have family. But you should always be taking care of yourself first, Mr. Speaker. But as I change from health, Mr. Speaker, I do want to just in this time . . . and not just this time, but throughout the y ear. We so often overlook, and I want to give just a shout -out to, our first responders, our emergency workers. In my capacity as Road Safety Chairman, Mr. Speaker, so often we hear the news of an accident, a collision, this event. But we often forget to think about the first responders, the emergency workers who show up on the scene. And they have to manage and deal with the scene they come upon. Again, so often we do not think about that side. We just hear about what has happened. So I want to give a thank you to all of the first responders and emergency workers not just in this year, but for all those who [during] the years gone past have been there, frontline first responders. I want to thank them for the work they do.
ROAD SAFETY REMINDERS
Mr. Dennis Lister IIIMr. Speaker, now I just want to end. And I hope in this message that I say, I hope that the public will heed it so that those first r esponders, emergency workers that I just spoke to, they will hopefully have a quiet, maybe even so a boring Christmas …
Mr. Speaker, now I just want to end. And I hope in this message that I say, I hope that the public will heed it so that those first r esponders, emergency workers that I just spoke to, they will hopefully have a quiet, maybe even so a boring Christmas period and will not have to respond to any road colli-sions or accidents. Mr. Speaker, in my capacity as Road Safety Chairman, I just want to send through this time, this Christmas period, this Christmas sea-son, a time of cheer and giving, holiday and celebrating with family and loved ones. I just want to remind all of the motoring public . . . and not just the motoring public because we all share the roads, whether as pedestrians, whether as a passenger in a vehicle or on a bike. We all share our roads. So to all of the motoring public, I want to in this season [say], Remember. Remember that your actions, however small you think your action i s, it can have an impact on not just yourself but all of those around you on the road. So I want everyone to just take that time and remember to drive with care and caution, to always drive at the correct speed. Do not speed. And always remember not to dr ink and drive. Especially in this season there will be social events and celebrating. It is a time of celebration. So we can expect it. But what I want to say again to all of the motoring public is that if you plan to go out to a social event, a gathering, and you consume alcohol, plan ahead how you will get home. Whatever you have on hand, hire a taxi, if you get a group of friends, it could be a minibus. Under businesses, you have Hitch, you have Home Safe. And also the Road Safety Council, we want to imp lore you to not forget about using a designated driver. There are options so that when a person does go out—yes, we want you to have fun and celebrate with your friends and family. But do it smartly and wisely and responsibly. Plan how you will get home, not only to keep yourself safe, but to keep all other road users safe, because an accident can happen. And the person who is driving the vehicle may not get injured. But they can seriously injure someone else, an innocent bystander, just another person in another vehicle. So your actions that you make impact all of those around you.
CHRISTMAS GREETINGS
Mr. Dennis Lister IIISo with that said, Mr. Speaker, again I want to remind all of the public to drive with care and caution. Do not speed. And do not dri nk and drive. And, Mr. Speaker, to my constituents of C -28 and to just all of Bermuda, I want to again …
So with that said, Mr. Speaker, again I want to remind all of the public to drive with care and caution. Do not speed. And do not dri nk and drive. And, Mr. Speaker, to my constituents of C -28 and to just all of Bermuda, I want to again in this time and season say season’s greetings, merry Christmas and happy New Year! Enjoy this time of celebrating with friends and family. Make sure, because as I said, we have to take this time for our loved ones. Much has been said prior to [my speaking] tonight of this year and how we have been affected by COVID -19. So we have to share this time with our friends and our family, those whom we love. So a gain, Mr. Speaker, I thank you. And to all those in this House and those listening, again enjoy the season. Have a merry Christmas, and see you all in the New Year. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Member. Would any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerYes. MP Adams, you have your 20 minutes.
Mr. Jache AdamsThank you. I just wanted to confirm that my camera is on.
The SpeakerThe SpeakerYes, we see you. Yes. PLP GOVERNMENT —DIVERSE, DISCIPLINED AND UNITED
Mr. Jache AdamsAll right. Perfect. So, Mr. Speaker, I want to first begin by echoing the sentiment of my colleagues and wish you, all of my parliamentary colleagues and indeed the people of Bermuda a very, very happy and merry Christmas and season’s greetings and the like. Mr. Speaker, I promise I …
All right. Perfect. So, Mr. Speaker, I want to first begin by echoing the sentiment of my colleagues and wish you, all of my parliamentary colleagues and indeed the people of Bermuda a very, very happy and merry Christmas and season’s greetings and the like. Mr. Speaker, I promise I will not be long this evening. But I j ust wanted to take an opportunity to say a few words. 238 10 December 2021 Official Hansard Report
Bermuda House of Assembly So, Mr. Speaker, the Progressive Labour Party has a creed, which I am sure you are familiar with. It speaks to who we are as a party, so much so that we say it in all meetings and events. And that is, PLP all the way! And all the way, PLP! Mr. Speaker, notice I did not say PLP some of the way. I did not say PLP as long as it is convenient for me, or PLP provided I get my way. We say all the way, Mr. Speaker, because it speaks to the conviction, the atti tude, the discipline required to get us to where we ultimately want to be. I emphasise discipline because in an organisation as diverse as the Progressive Labour Party, tasked with governing a country with even greater diversity, it is impossible for ever yone to get everything they want. So it takes discipline to accept losing a bat-tle you are passionate about in order to stay united to ensure we win the war. Mr. Speaker, consensus does not mean that everyone agrees at the same level. The focus of consensus is to achieve a mutually acceptable level of agreement necessary to move forward. I can tell you there is a Member of the party, very active and vocal, someone I have tremendous respect for, who is opposed to the regulation of cannabis. And I must say he makes a very, very strong argument. He had his say. He was heard, but ultimately understood the majority of the party felt differently. And so in unison we continued to march for-ward. Mr. Speaker, the brother knew and demonstrated that the party is bigger than any individual or any single issue. I know without question the brother is PLP all the way . Mr. Speaker, I stood behind Minister Hayward as he faced his protestors. I wanted him to know that he was not alone, and also for the public to see and unders tand that Ministers do not make decisions by themselves. Let there be no mistake about it: The Minister and I do not agree on everything. But I support him as the Government put forth legislation that addressed the mixed status families, extended financial assistance eligibility for over 100 families, introduced a paid graduate trainee programme, increased protection for Bermudian entertainers, implemented a work from Bermuda programme which injected over $23 million into the economy. I could go on, Mr. Speaker, but the point I am making is that whilst we do not agree on everything, we are on the same team with core values aligned, pursuing a similar vision for this country. And so for that he has my unwavering support. Mr. Speaker, words cannot express how proud I am of our Minister of Health, a lady who is without question battle- tested and exemplifies a strong Black woman. Minister Wilson has held the reins of a health care policy in the middle of a once- ina-lifetime pandemic and continues to do a remarka ble job. Under her leadership, she secured sufficient testing when we needed it most, received in abun-dance the top recommended vaccines, provided regu-larly scheduled stats and updates for the country and still found time to continue to move us toward uni versal health care. Mr. Speaker, I cannot even imagine the phone calls, the emails she receives, the toll each COVID -19 death has taken on her, the pressure she carries with her every single day. Mr. Speaker, it would be naïve of me and anyone else to assume the Minister would not make any mistakes along the way. But in those moments, I would not dream to say I told you so or to kick her when she was down. You see, we are on the same team, core values aligned, pursuing a similar vision for this country. So, for that she has my unwavering support. Mr. Speaker, six months ago I was invited to be the guest speaker at Heron Bay Primary graduation. It was significant to me because Heron Bay has a special place in my heart as both of my great - grandparents went to Heron Bay. My grandmother and her brothers went to Heron Bay. My mother and her sister went to Heron Bay. And yes, I, along with my brother and my cousin, went to Heron Bay as well. So I would be the first to tell you that it is painful to know the school is closing before I could send my daughter. I have expressed my feelings to both the Premier and the Minister directly. But I understand the concept and importance of modernising the way we educate our students. And so I removed my personal feelings from the equation because the Minister and I are on the same team, with core values aligned, pursuing a similar vision for this county. And so for that Minister Rabain has my unwavering support. Mr. Speaker, I will not go down the laundry list of ministries, nor will I touch on the great things our MPs are doing in the communities. I wanted to spend a few minutes to remind those listening of an African proverb that says, “When there is no enemy within, the enemies outside cannot hurt you.” So to our Premier and party leader, as we manage through these unprecedented times, a time when many people are asking for resources when there is very little to give, a time when we are trying to defeat an invisible enemy that is constantly changing, a time when there are external factors threatening the state of our economy, time when we continue to pay for the former Government’s bad deals —I stand with you and our entire team because I am PLP all the way! Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time? Any other Member? Any other Member? Any other Member?
Mr. Christopher FamousMr. Speaker. Mr. Speaker. Bermuda House of Assembly The Speaker: [Gavel in hand] Do you see what is in my hand?
The SpeakerThe SpeakerI have to say today we are going home early. Mr. Famous, you had better speak. You had better speak, Mr. Famous.
Mr. Christopher FamousI am used to hearing that from my mom when she says, See what I got in my hand?
The SpeakerThe SpeakerYes. Well, I do have it in my hand again. The House is going home early.
Mr. Christopher FamousMr. Speaker, I was trying to give the Opposition a chance to say merry Christmas to their voters. But it seems that they do not want to speak — [Crosstalk]
The SpeakerThe SpeakerGo ahead and say what you have got to say. If they wish to speak, they will speak. If they do not wish to speak, they do not wish to speak. It is your 20 minutes. Speak on what you want to speak on.
The SpeakerThe SpeakerYes. Go ahead. REACHING OUT TO BERMUDIANS IN THE UK
Mr. Christopher FamousMr. Speaker, I just returned literally less than 24 hours ago from this place they call the United Kingdom, also the place that many may know colonised our people for 400 years. There are those who have this concept that the United Kingdom is the be -all to end- all. …
Mr. Speaker, I just returned literally less than 24 hours ago from this place they call the United Kingdom, also the place that many may know colonised our people for 400 years. There are those who have this concept that the United Kingdom is the be -all to end- all. The United Kingdom knows everything. The streets are paved with gold, and Mary Poppins is just around every corner. It is not the case, Mr. Speaker, really not the case. I will give you one prime example, Mr. Speaker, being as we are talking about COVID -19. I will not be long on COVID -19; I just want to illustrate a point. Two points. The United Kingdom Government under Prime Minister Boris Johnson told the people of United Kingdom not to wear a mask, Mr. Speaker. When he was at COP26 amongst all of the world leaders, he was the only one not wearing a mask, to demonstrate he does not care about wearing masks and his people should not wear masks. So, Mr. Speaker, millions of people in the United Kingdom walked around mask - less. They went on trains with no masks. They went on buses with no masks. Mr. Speaker, if you look on our buses, our buses have a little marker on every other se at saying, Do not sit here, to allow for social distancing. Guess what, Mr. Speaker? In the public transportation sys-tem in the UK there is no social distancing. People are jammed up on buses and trains like sardines, literally. Guess what happened, Mr. S peaker? People thought, Oh, we’re back to normal! We’re the United Kingdom. We’re the one who’s colonised the whole world! We know better than everyone else. But guess what, Mr. Speaker? Within a short period of time, the COVID -19 cases have shot up and th e neighbouring European nations have been forced to implement lockdowns or curfews. So, guess what, Mr. Speaker? As of two weeks ago, they are now telling people, Wear masks! They are now telling people, When you come back to England, you’ve got to take a PCR test! Sounds familiar, does it not? That is the chaos that is going on in what is called the mother country, the people who are supposed to be smarter than everybody else, Mr. Speaker. But there is also an example, point two, that what our Minister of Health has been telling people, what our Premier and so many others have been instructing our people to do, we were always on the right path. We did not follow the UK into their chaos. So for those who want to say, Hey, relax the regulations. Be like the U K!, well, guess what? The UK is realising they need to be like Bermuda. Mr. Speaker, let me move on. During my trip I got to meet a number of Bermudians studying in the UK. One young man from Devonshire who is studying hospitality is one year away from get ting his Master’s Degree in Hospitality Management. He is looking for-ward to working in the hotels that under our Premier, the Minister responsible for Tourism, we have just made concessions for. Now, when people hear concessions, they go like, Oh, the hot els are getting this, the hotels are getting the other. The reality is that we are facing worldwide competition. Unfortunately, if we do not give concessions, these hotels will go elsewhere. And that young man and many other Bermudians who want to work in hospitality —as MP Caesar says, Service is not servitude—will not have a job. Mr. Speaker, I met another young lady who changed from working in international business, a very successful career in international business, and now she is studying climate change. I met with her. I talked with her, and she was so proud that Bermuda, under Deputy Premier Walter Roban, is leading the Overseas Territories in climate change mitigation. We cannot change the climate. But we can do what we can to clean up our own backyard. And Bermuda is one of the leaders. That young lady, who is coming home in January –February, said she is looking forward to working with the government in a private capacity to help our climate. Another young man I met, Mr. Speaker, 25 years old. He is this far away from getting his doctorate in nuclear engineering. These are people that we need to be proud about, Mr. Speaker. A PhD in nucle240 10 December 2021 Official Hansard Report
Bermuda House of Assembly ar engineering. He expressed his pride in the infrastructure changes that are going on in this country because, from a nuclear engineering point of view, we probably will never have a nuclear reactor here. But he sees those infrastructure changes that are going on in regard to sewage and so on, water treatment, water supply. He is very proud of that. He expressed prid e in the fact that we are now getting 30 electric buses under the leadership of Minister Lawrence Scott and his team at the Ministry of Transport. Most other islands do not even have public transportation. And those that do have public transportation, none of them have electric buses. So once again we are leading. Mr. Speaker, there are those in Bermuda and not in Bermuda who would like to detract from the work that this Government is doing locally and interna-tionally. Mr. Speaker, I can unequivocally say I have seen for myself the respect that international leaders have for the work that Minister of Finance, Honourable Curtis Dickinson, is doing in his space. We are chal-lenged financially. But when they see what this gentleman and his tea m, the Financial Secretary, Ms. Cheryl -Ann Lister, and others are doing, they are amazed. I have seen it. I have sat down in rooms and seen people amazed at what they are doing. Mr. Speaker, I have also seen how Premier Burt, the President of the United Ki ngdom Overseas Territory Association rallied 13 Colonies of the United Kingdom to stand together to get greater access for all of their people in so many different ways. He would elaborate more, but I am just telling you that on an international level our leaders who get ridiculed at home for silly little stuff are highly respected. And none of this could happen without . . . at least in the UK, the dedicated hard- working staff of Bermuda’s London Office. I personally want to give thanks to Ms. Kimberley D urrant, Ms. Carol Francis, Mr. Ratteray who is from Somerset, and Mr. Jordan Scott -Furtado for their tireless work on behalf of Bermudians. Many Bermu-dians living in the UK always refer to the help that they get from Bermuda’s London Office. Mr. Speaker, the reality is that anyone who canvasses knows that when we go to knock on doors (we have names on a list) you are going to find, Oh, so-and-so doesn’t live here anymore. So you think, Okay. Where have they moved to? Did they go any-where in the parish? The answer is many of those people have gone to the UK. Right now we are looking at at least 3,000 Bermudians in the UK. That is roughly 5 per cent of our population. Some have gone for studies, so they will be coming back. Some have gone for wor k experience, so they will be coming back. Some have gone over there because they are married to someone from the UK. They are not com-ing back. Some have gone for athletic exposure such as some of our young men playing football, Mr. Justin Donawa as a prime example, Nahki Wells, Milan But-terfield, Kane Crichlow. One is [in the] ballet, Ms. [Arielle] Ming, granddaughter of Henry [PHONETIC] and Conchita Ming. She is excelling in London in ballet. The reality is that we do not have a wide enough field for their talents so they have to live abroad. We have to applaud them. However, Mr. Speaker, there are some Bermudians who simply move away because the cost of living is too high. The cost of trying to purchase our homes is too high. We heard from the Honourabl e Minister Tinee Furbert talking about some of the fees a bank is going to impose. But the biggest fee that is hitting us is mortgage fees. That is why many Bermudians, professionals who have an education, cannot afford to buy a house here. They cannot aff ord the mortgage rates that some banks are pressing upon them. That is the reali-ty. And people would say, Oh, it’s the Government. The Government cannot dictate to the banks what their mortgage rates are. That is the unfortunate reality. So, Mr. Speaker, our people are there, but we cannot forget them. When we venture down to the road to universal health under Minister Wilson, it is to protect our people. When we strive to make housing affordable under Colonel Burch, it is to protect our people. When we put more money into sports under Minister Peets, it is to protect our people. When we put in stronger labour laws under Minister Jason Hayward, it is to protect our people. And when we reform education, warts and all, under Minister Diallo Rabain, it is to p rotect our people. Now, Mr. Speaker, let me close here. We cannot be a nanny -state. We cannot do everything for the people. Our people have to stand up on their own, take advantage of the doors that we are opening up for them and make their way in an ever -changing world, Mr. Speaker. In the UK everything is on an app now. You want groceries? Just push an app. They will deliver the groceries to your house. That is coming to Bermuda or it is already here. You want anything — anything you want . . . Let me just be clear. Anything legal that you want on an app, you can get on an app in England. (Yes, I see you, Brother. I see you!) [Laughter]
Mr. Christopher FamousYou can get on that app. Right? Because I know that the RG [Royal Gazette] would like to sound- click me. Anyway, that is coming to Bermuda. We cannot stop companies from putting their services on an app. We cannot stop companies from trying to figure out a way to …
You can get on that app. Right? Because I know that the RG [Royal Gazette] would like to sound- click me. Anyway, that is coming to Bermuda. We cannot stop companies from putting their services on an app. We cannot stop companies from trying to figure out a way to save on labour costs. But we have to get our people to think of how are they going to be part of that process? FinTech is coming, Mr. Speaker. In spite all of the noise of the OBA four years ago, cryptocurrency is not going anywhere. I have seen the leaders in the cryptocurrency space sit down with our Premier and
Bermuda House of Assembly be amazed with his knowle dge. People ask him questions thinking he will not know the answers; he knew 10 steps ahead of them. Cryptocurrency is going nowhere, Mr. Speaker. Our people must be ready for that revolution. It is only so much we can do. Mr. Speaker, let me close here. I encourage each one of my fellow . . . the other 35 MPs, including you, Mr. Speaker, the 11 Senators . . . I encourage you all to find out who in your constituency or constituencies you would like to be in are now living in the UK. Everybody has got fami ly still here. Over the next few months, get a phone number for them. If they want it, call them up and just say, Hey, this is MP So - and-so. I know you’re in England. But I just want you to know that we’re thinking about you, and we don’t want you to think you’re forgotten. Because many people in England, they have not heard from a Bermudian in a long time. They have not seen or heard from their immediate families. They think that we have forgotten about them. But I want them to know we have not forgotten a bout them. Mr. Speaker, I close here, and I say this: 2022 is a few days away. Making useless resolutions is pointless. We all have a better path to take. As MP Campbell said, we have to work as a team. If the Op-position want to snipe at us for little, sm all little things, Oh, this figure seems [ INAUDIBLE]. People do not care about what they have got to say. They want re-sults whether it is from us or from the Opposition. And we have to plan individually as MPs to do better in our constituencies. Go visit t he people who are not seen as much. You know whom you have not seen. Go visit them. Call them up. Mr. Speaker, I am going to close here. Thank you for the opportunity to let me speak every week. I missed it two weeks ago. But you have a good Christmas, and I will see you on the other side, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, MP. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Simmons, you have been sitting here in front of me on the screen for a while. So I will give you your 20 minutes.
Mr. Jamahl S. SimmonsI am sorry to subject you to my face for that long, sir. [Laughter]
The SpeakerThe SpeakerNo. No problem. MP’S EXPRESSION OF THANKS TO THE PEOPLE OF CONSTITUENCY 33
Mr. Jamahl S. SimmonsSo I would like to start where MP Tyrrell started because a few weeks ago I celebrated my seventh anniversary as a Member of Parliament representing constituency 33 for the Progressive Labour Party. Before that time, though . . . well, this is my second political life. I do not …
So I would like to start where MP Tyrrell started because a few weeks ago I celebrated my seventh anniversary as a Member of Parliament representing constituency 33 for the Progressive Labour Party. Before that time, though . . . well, this is my second political life. I do not really talk about it that much. I sometimes like to pretend it never happened. But there was another time I sat in this Chamber, Mr. Speaker, under a diff erent banner. And I am appreciative for the second chance that I have been given, the second chance that the Progressive Labour Party gave me to serve our community. I am thankful for the Honourable Dr. Ewart Brown, who reached out to me and encouraged me and let me know that there would be a place for me in the Progressive Labour Party. I am appreciative to Dame Jennifer Smith, who took me out and literally taught me, re- taught me everything I know about canvassing. And I am so grateful to so many other of my colleagues such as Christopher Famous, who has helped, assisted and guided me along the way. Seven years. If you had asked me 10 years ago if I would be sitting in this place, I would have said, No way. I will never be in Parliament. I just did not se e it happening. And the story that will be told one day of how I ended up becoming the representative is an interesting one because I certainly was not the first choice or the second choice or the third choice or the fourth choice or even the eighth choice. And for that I am very grateful to our then- Leader, the Honourable Marc Bean. So even though he is no longer with the Progressive Labour Party, he saw value in me and gave me the opportunity and supported me. So for that I will be grateful. Mr. Speaker, there is a song that starts out by saying, “So this is Christmas. And what have we done? Another year over And a new one just begun.” And in the seven years, plus the time before that, every Christmas we all gather and we say the same things essentially. We encourage the public to go out and do better. We exhort each other to do better. And I am looking forward to the Christmas when we do not have to make those speeches anymore because we do this all year round as a community and as a people. You know, we have been taught to look down on people for being poor. We do not like to admit it. But we have. When somebody is struggling, when somebody is suffering, we have been taught that there is something they have done, that it may be their fault. We sometimes do not take the opportunity to think about the person who came to work every day, made time, did what they were supposed to do but got made redundant. You do not think about the person who had money deducted from their pay cheque every month for their healt h insurance who, when illness hit, 242 10 December 2021 Official Hansard Report
Bermuda House of Assembly had no health insurance and was suddenly stuck with a huge bill. They are now in debt. There is nothing they could have done to have prevented that. So before we judge, before we castigate, before we look down, before we use people as props to show how charitable we are, let us take a moment to recognise the humanity in some of our people who have been victimised by the system, who have been victimised by the economy, who have been victimised by racism, who have been victi mised by institutional structures that continue to oppress and destroy Bermudians, many of whom are doing what they are supposed to. Now, Mr. Speaker, there will always be a place for personal responsibility. There will always be a place for personal accountability. But beyond that we must also acknowledge the fact that too many of our people are doing what they are supposed to, and they are still struggling. So, I am asking today, for Christmas, let us work toward a Christmas when we do not have to give these speeches about Be kind to each other and take care of each other and do something nice. Let us go toward a Bermuda where we are doing that all the time and we do not have to say that. But also let us have an honest talk with ourselves. Are we as compas sionate and understanding and generous to those whom we see every day who are worse off than us? Have we remembered the old adage, There but for the grace of God, go I ? So, Mr. Speaker, I am grateful to my colleagues on both sides of the aisle. I am grateful to those who have helped along the way. And I want to take a special moment to thank the people of constituency 33 and my branch for the support that they have given me. And no man is an island. And as I move, they move. And they have been a tremendous gift and a tremendous resource and a tremendous help for me. I wish each and every one of you a happy holiday, a wonderful New Year, and please be safe. Thank you.
The SpeakerThe SpeakerThank you, MP. I like that nice, short, sweet message and right to the point.
The SpeakerThe SpeakerGood evening. VISIONS FOR TOURISM AND INWARD INVESTMENT
Mr. Hubert (Kim) E. SwanI would like to start off by bringing greetings of the season to you, Mr. Speaker, and to all colleagues of this Honourable Chamber, the Legislature and the very good staff of the House of Assembly. Mr. Speaker, I just want to start off by thanking the P remier for …
I would like to start off by bringing greetings of the season to you, Mr. Speaker, and to all colleagues of this Honourable Chamber, the Legislature and the very good staff of the House of Assembly. Mr. Speaker, I just want to start off by thanking the P remier for giving me some particular responsibilities over the past year. And the three specific responsibilities as a Backbencher, one with tourism, which is a lifelong passion. I am on the BTA [Bermuda Tourism Board]. One is my lifelong passion, which is golf, to be chairman of Government golf courses. And the other one which he gave me responsibility, but no money, was that for forts. Because I have been talking about the restoration of forts for so long on the radio and stuff, he said, Well, you can hav e some jurisdiction over forts. So, I have a vision; just looking for some money. And I am looking as I play golf myself, Mr. Speaker, coming in contact with persons in this world of very high net worth. I am also sharing the vision that exists in my heart for some restoration in our country that could be of benefit, because all of the money that government has is not enough for what we need to do. We need to create and encourage some inward investment. And we have to do that ourselves, too, Mr. Speaker, not only the Finance Minister. Those of us in our places of influence must see the value of getting folks from outside to imminently invest in our country. We do not print money. We do not have the industry apart from international business that can create the amount of money to prop up our dollar. We need to get foreign currency into this country. And that is ever so important. And in my space in representing the Bermuda Tourism Authority, I just want to say how much, Mr. Speaker, I have appreciated working with the Honourable Wayne Caines, who is Chairman of that Authori-ty. Mr. Speaker, my uncle Herman “Tucci” Bascome taught me how to observe persons who are very talented in my trade, and I have carried that on in all that I do. And when I see somebody who can do good work, I look and observe how they operate. It has been an absolute pleasure to work with this young gentleman as he serves the community in a different space as the chairman of a quango. And I am pleased with the new CEO, Mr. Charles Jeffers, t he son, who is getting settled in in his role, and his team, Mr. Speaker. I know I listened to, even the Premier made a quip this week about the autonomy of the BTA. The Act allows it to be somewhat autonomous. But it does provide for the Minister to give directions. And the Ministers usually does not give many directions in the course of the operations of quangos, but there are occasions when they do give direction. I am mindful of
Bermuda House of Assembly that, and certainly, Mr. Speaker, in the carrying out of my responsibilities in the quangos and the autonomous authorities that I am involved in, I always try to be mindful of the spirit of the Act and the authority of the Act. And when those directions are put forward, I certainly recognise that and make sure that others who may not be quite as mindful as myself recognise it. I am very pleased to see initiatives such as the PGA Golf Bermuda Championship. This is a global event that brings us tremendous awareness over-seas, brand awareness. SailGP will do likewise, Mr. Speaker. I j ust happen to come from a family who loves the ocean. As you would know, Mr. Speaker, my family comes from Somerset Bridge in Scaur. And we are a boating people very much like my St. David’s family and my St. George’s family. We are all boating people. So I come from two boating communities. And we are appreciative in the boating community of St. George’s to have a marina as coming forward in a very concrete promise to be completed, a date in 2022 to be completed. And that certainly allows us to build on th e foundation of having now a hotel in St. George’s. And I am sure the formation of that had its ups and downs, but it is here. It is amongst us. It is in our community. And with the golf course, something near and dear to my heart, that I came to St. George’s in 1985 to open a golf course. I know the value of having those types of added amenities and products. It is not the be- all and end- all. But when you have more products/services to offer, it makes your communities and your market a lot more attractive. So enhancing that hotel, there certainly will be a casino at some point in time. And I know it is not a matter for the Government to determine when that will happen; it is something for the independent Regulatory Authority to put forward. But we are looki ng with anticipation because the cruise ships that come here have that same product on their ships. Anyone knows the cruise ship, Mr. Speaker, that has 1,500 people on it —1,500 people are not in the casinos. It may only be just a small sampling of persons. But the amenities that go around it, the nightclubs and the shows that take place, are all part of providing a product that can make an area destination or a community destination more attractive. We have seen the BTA do those initiatives with the experience initiatives. Ms. Tashae Thompson, the new Director of Experiences, is very passionate about that in her team, making sure that there are more experiences locally. I mean, even up in my homeland of Somerset Bridge, where [INAUDIBLE ] participates in that. And in my adopted homeland in St. George’s down at White Horse, they have participated successfully in that. Those are the types of initiatives that we need to jumpstart in greater abundance around the community. And when I talk about the forts and the resto-ration of forts, the fortresses that we have can form part of that, because we have got to invest in our infrastructure. So I have a responsibility. I have a mandate. I am letting you know that I do not have the money yet. And I am not only relying on Government for the money. I am going to be talking to my billionaires who come to play golf as I share the vision with them and see how we can find some partnerships that might be able to be beneficial, even in a philanthropic way, to our community. And let’s look at it —the fortresses that we have up and down our country. If you start at Alexander Battery Gates Fort, if you go to Fort George Hill, if you go to Martello Tower, if you go out to Castle Island, if you go up to Devonshire Bay up into Devon Fort up on top in Fort Hamilton, if you go to Whale Bay Battery, if you go to Fort Scaur, if you go to many of the others, they are strategically located. And they could provide great gift shops, bathrooms, stop- offs for the minibuses. Because like it or not the cruise ships, although an air passenger spends six times more than a cruise passenger, or maybe seven by this time, there is an opportunity to grow that spend that takes place by having more services that would appeal to those cruise ship passengers. So, if you do not have something that is going to cause someone to reach into their pockets, do not expect their spend to increase. If you have got 300,000 to 400,000 people coming on cruise ships, to me with my country mind from Hog Bay level, it seems to me that it makes more sense to find more ways to cause more people to spend $10 here and $10 there. Rather than waiting for them to pull out $70 or $80 for a shirt in my golf shop, they can go and spend $10 at the fort up there, whatever parish you have the fort, and whatever mom- and-pop shop is there to sell them refreshments, whatever little souvenir place is there to sell them a souvenir of Bermuda, arts and crafts. Usually, they will have nice decks. Chances are they are usually buil t like a ship. They have a top deck where they can have a nice lounge and sit -off. And if they are situated close to a beach, they can have some showers and the like, Mr. Speaker. I am talking vision here. I am talking purpose for improving the infrastruct ure. Not just to cut the trees down and let them grow back in the fort, but to restore the forts for a modern purpose that serves [Bermuda]. And in it could be a mini -museum that tells the story of a community. I am going to pick on Whale Bay Battery because if you tell the military story, you could also tell the story of Mr. Frashai Bascome and his offspring who come from there and all of the Pitts and the S antucci and the Smiths. And Herman “Tucci” Bascome, the great golfer. You can tell the story of the communities that these forts sit in. You can tell the story of Louis Rafael Corbin up (and I should know this; my property borders this) at the top of Fort George Hill, and the stories of how people used to sometimes sleep in the fort because they could not 244 10 December 2021 Official Hansard Report
Bermuda House of Assembly play golf during the day. They had to play at the crack of dawn, Mr. Speaker. So as we integrate our history while providing a cultural experience for persons, we can use these fortresses for a modern day experience that allows us to capture the history. You know, this morning you heard the Minister of Education come with an initiative that is going to capture and put the history in a better place. What a wonderful initiative that is, Mr. Speaker! You know, Mr. Speaker, I cannot leave tonight without speaking about the responsibility that has been be-stowed upon me, upon golf. And I am ever so grateful because the timing in life is everything. And I just want to thank the Premier for that opportunity to use my experience in life and golf and around the worl d for the benefit of this country. But I could not do it alone, Mr. Speaker. I am just going to take the opportunity to say thank you to trustee LaMel Burch. Thank you to trustee Allen DeSilva. Thank you to trustee Deputy Chairman Vincent Hollinsid. Thank you to trustee Ianthia Butler. Thank you to trustee Senator Owen Darrell. Thank you to MP Jason Hayward. Thank you to Mr. Denton Outerbridge. And thank you to Mr. Quin ton Ming . And thank you to Xaviar James. And thank you to Ms. Verneil Simons, our secretary; Mr. Steven Lambert, Jr.; and all of the staff; and our acting manager still, but now the substantive golf pro in his new role. I thank them for the amount of service that they have provided over this past season, Mr. Speak-er, over this past year to deal with some weighty is-sues for the good of this country and for the good of the game that has played such an integral part in our tourism product. And yes, I heard MP Richardson from Smith’s speak earlier about tennis. Yes, sports tourism is very important. Tennis is an integral part. We introduced tennis to the United States. There is a connection there that the Bermuda Tourism Authority has now acted upon and [can] use as a way to be at the US Open. We should be there. And we should be in every school in America telling them our connection with America that dates back to the 1600s. We need to let our awareness be known in every school place in America, because that is a major trading partner for us in many ways. So there should not be any confusion betwee n Barbuda or Bahamas or whatever country that begins with B. They should all know Bermuda for good reason. We saved the starving nation at the infancy of its origins! And so, Mr. Speaker, it is up to us to tell our stories. And, Mr. Speaker, let me say thi s. I am ever so grateful that we have a Commission of Inquiry into land grabs. And there is more to be told about that. They have just scratched the surface! Do not let anybody go away from here today thinking, Mr. Speaker, that that Commission that dealt with Tucker’s Town is the be- all and end -all. Let me say here that there is a lot more that needs to be told about that, Mr. Speaker. A lot more. And I am ever so grateful for those who serve, so grateful for the chairman and that team of commissioners. And some even had to endure times when they were in ill health and had to do it during a period when they could not even meet because we were going through COVID -19. And let me say this, for anybody who is going to come at any point in time and say, Oh, but you spent $1 million. Let me say this to anybody, Mr. Speaker, on that subject. One plot of land in that community would cost $1 million! Let me repeat that, Mr. Speaker: When you talk about Tucker’s Town, one plot of land today would sell and pay for that report, for the time of which it took to compile what was done at that time with the help of the Governor of the day at that particular time! There may have been some governors who came after. That Gascoigne and Hood I know because my uncle used to tell me about them, how they played golf and the like. But that was done. It was a blessing. And some of the names that come out in association with that make some families feel very uncomfortable. But it is incumbent upon those families to look back at the his tory and provide us with some of the information so that we can go forward collectively, Mr. Speaker, as a people! You cannot go forward as a people if you hide from the truth. My friends, Black and white in this world, are proud of their history! Every co mmunity, every ethnic group in this world is proud of their history. We cannot be proud of our history because much of it is kept from us, Mr. Speaker. And most of us are intertwined. I tell people in St. George’s when they say, You’re from Somerset Bridge ? I said, My great -great -grandmother was a Higginbotham! Go to St. Peter’s Church and look on the wall and you will see the name. She had a daughter named Emily Burrows who married into cousin Reggie’s family. That is my family. We all [have] got some intertwining . Not all of us, but most of us in this country are joined at the hip, Mr. Speaker.
CHRISTMAS GREETINGS
Mr. Hubert (Kim) E. SwanMr. Speaker, I am winding up. I just want to say this. This is the Christmas season. I am of the Christian faith, Mr. Speaker. There are many faiths in our world. There are many different denominations. The common denominator that ties us all together, Mr. Speaker, is the great …
Mr. Speaker, I am winding up. I just want to say this. This is the Christmas season. I am of the Christian faith, Mr. Speaker. There are many faiths in our world. There are many different denominations. The common denominator that ties us all together, Mr. Speaker, is the great est gift God gave us all. That is love, Mr. Speaker. Let love be the common denominator of this season. Let love be the reason why we make some decisions going forward in our family lives and our community lives and in our political lives and in our business lives, Mr. Speaker. So, no matter what walk of life we come from, no matter what faith we choose, Mr. Speaker, let us get together around the brotherhood of our communities in the spirit of love and lift those who are having difficulty at this time.
Bermuda House of Assembly To you and yours, Mr. Speaker, have a [merry Christmas]. That is my contribution.
The SpeakerThe SpeakerThank you. Thank you, MP. Would any other Member like to make a contribution at this time? Minister Hayward. Hon. Jason Hayward: Mr. Speaker.
The SpeakerThe SpeakerYes. Minister Hayward, you have your 20 minutes. PLP GOVERNMENT’S ETHOS CENTRED ON SUPPORTING THE WORKING -CLASS Hon. Jason Hayward: Thank you for allowing me to provide an intervention in tonight’s motion to adjourn. Mr. Speaker, I want to wish you and your family season’s greetings, and certainly I hope …
Yes. Minister Hayward, you have your 20 minutes.
PLP GOVERNMENT’S ETHOS CENTRED ON SUPPORTING THE WORKING -CLASS Hon. Jason Hayward: Thank you for allowing me to provide an intervention in tonight’s motion to adjourn. Mr. Speaker, I want to wish you and your family season’s greetings, and certainly I hope that you have a prosperous New Year. To the residents of Bermuda, I wish you the same, and to my political colleagues I wish you the same. Mr. Speaker, as I reflect on the year I had in this ro le as the Minister of Labour for this gem of an Island we call Bermuda, it has been somewhat bitter-sweet because I have been on the front end of many of the challenges that members of this population face, whether it is individuals being displaced from the workforce, whether it is persons who need additional financial support or whether it is assisting families to remain together through provisions we are making within our immigration laws. It has certainly not been easy when you are an empathetic individua l, and sometimes we can feel the pain of those who require our assistance. But it highlights the importance of the job that we do as politicians, our having a human, sensitive approach, our putting people first in terms of making our deliberations. The work that we do, not [doing it in] vain, but actually understanding that it impacts people’s lives in a very meaningful way. So, Mr. Speaker, I first would like to say that something disappointed me today. What I saw was a glorified PR stunt from the Opposit ion in terms of laying the Equity Bill. We have struggled with inequalities in this country for some time. And to see what was laid today was somewhat disappointing, to capture a headline in the newspaper. Mr. Speaker, the Progressive Labour Party is a par ty that actually is there to advance working -class persons within this country. I always keep that in mind in terms of what we aim to do and what we aim to accomplish. I always ensure that the proper policy work is done behind the initiatives we put in place so that we can actually benefit the people who actually require our assistance. There is no doubt that the pandemic, the health care crisis, has translated into an economic crisis where we have seen a contraction of jobs within this economy, which means we have seen displaced income from Bermudians who actually need it. And those individuals are coming to the Government for assistance. And we have done well and the best we possibly can to provide social protections for those individuals. I think of our c harities and our third sector, who actually have also worked hard to support those individuals. But it should not be lost on anybody that this Government has provided unemployment benefits, has provided supplemental unemployment benefits, has [taken steps to] ease the process for persons to get on financial assistance. There was another thing that we did in this Honourable House, and that was extending financial assistance from five years to seven years. That provided additional benefits for two years to ov er 100 families, Mr. Speaker. Had we not done that, Mr. Speaker, where would we be? Today as it pertains to those families, what type of Christmas would they be having? What type of new year would they be entering if we did not provide that support for foo d, housing, clothing, health care? We want to talk about . . . we want to see equity and reduce inequality. Then our actions have to demonstrate that, Mr. Speaker. And I believe that this Government’s actions have been human- centred. Our actions have demonstrated that we are trying to reduce the inequalities in our society, that we are trying to support individuals by providing social protections and social safety nets. Mr. Speaker, this Government has tried to help over 500 Bermudians through the Department of Workforce Development to get some type of skill set training, help them with employability skills so they can get back into the job market. That is with limited resources and strained human resources as a result of the stop- and-start of our economy because of the pandemic. But we did not waiver in our commitment to the people of Bermuda in their time of need. And I was pleased to see that in The Bermudian magazine, Mr. Speaker, the Department of Workforce Develop-ment was actually voted for having the b est government services. The people of Bermuda recognise that this department is going above and beyond, and I would like to thank the staff of the Department of Workforce Development for all that they have done. Mr. Speaker, as we enter 2022, it is import ant for us as a Government to ensure that we have some type of statutory minimum wage in place. It is vital, Mr. Speaker, because the low wages in Bermuda are locking some of our people out of employment opportunities. Also, we have huge abuses taking plac e in the labour market. One MP already touched on where employers are not paying their statutory benefits, where there is deduction for employees, but they are not paying those benefits. Mr. Speaker, the week before last in this House I highlighted that th is was a matter that we would look at when we get into the tri246 10 December 2021 Official Hansard Report
Bermuda House of Assembly partite group of the Labour Advisory Council. It is important that we have proper protections in place to ensure that employers are adequately paying their employees, that they are not taking deductions that are not agreed to, that when they do take deductions, they are submitted to the proper agencies. We need to do a better job at protecting our employees, Mr. Speaker. And that is one of the initiatives that the Government will take up in the n ew year. This pandemic has also showed us that we need a more sustainable income replacement scheme. So, the Ministry of Labour will be working with the Ministry of Finance to ensure that at least our unemployment insurance fund is set up and that we have the scheme in place so that when persons are displaced from the workplace, they know that they have an income replacement waiting for them. Mr. Speaker, we have tried our best. We have tried as best as we possibly can to leverage immigration as a tool to s upport economic growth and the expansion of jobs in the economy. I have already spoken in this House about the Economic Investment Certificate. And the certificates that were actually issued have generated over $32 million in direct investment in Bermuda, in the Bermudian economy. I am pleased to report that this number now is closer to $44 million in the Bermudian economy. This is where we see the policies that we put in place having a di-rect benefit in our society. That success can also be shared with the one-year Work from Bermuda policy, where there has been over $23 million of economic benefit to the country. And, Mr. Speaker, while they trickle in, those applications continue to come in. I would like to thank both the BTA [Bermuda Tourism Authority] and the BDA [Bermuda Business Development Agency] who are doing the work to promote these particular initia-tives. But it is important that we progress in these areas, Mr. Speaker. It is important that we do things to keep families together in Bermuda. I thank MP Caines for bringing the mixed status family legislation and ushering it through Parliament. I had the pleasure to enact the legislation. And already we are seeing much benefit to connecting families and ensuring that families remain together. We ha ve removed the affidavit of domicile requirement for individuals born overseas to Bermudian parents, so that they can obtain Bermudian status. There is more that we have to do in that particular area, Mr. Speaker, to assist Bermudians who are repatriating back home. Mr. Speaker, we certainly do not want to see our young people going away to school, getting an education and then determining that they want to remain off -Island. We certainly cannot afford that brain drain, especially with our ageing population. And we know that there is going to be a greater demand for jobs than the local supply can support. Mr. Speaker, MP Famous touched on Bermudians going overseas to live. We need to ensure that we provide opportunities so that those individuals can come bac k home and flourish in their home country. Mr. Speaker, we have worked hard as it pertains to having persons understand the benefits of converting long- term residents to permanent [residents] in Bermuda and the economic benefit this can provide. The human side of it will be to ensure that individuals are not separated from their children and that persons who have contributed to our economy can continue to do so. Mr. Speaker, we have seen an increased number of individuals looking to reside in Bermuda on an annual basis because this is a relatively safe jurisdiction as it pertains to the pandemic. We have ex-tended visitor stays, and we welcome both short -term residents and visitors to the Island because they generate economic activity in a time when our touri sm has taken a hit. Mr. Speaker, these initiatives are humancentred initiatives. These initiatives ultimately work to support the working- class people of Bermuda. I spoke about the Department of Workforce Development and the assistance that is actually pr ovided to job seekers. But we have also facilitated in this time of employment contraction [the success of] 470 unemployed Bermudians getting gainfully employed through the Workforce Development referral system. Mr. Speaker, we are now on our second cohort of graduate trainees. This is providing internships for young Bermudians who have a degree, who are locked out of the job market. Next year we will roll out our youth employment strategy in earnest. We recognise that there are barriers and impediments to em-ployment for our young people. And we want to ensure that we put our best foot forward to get our young, talented, bright Bermudians placed in employment opportunities so that they can begin careers. Mr. Speaker, we have worked extremely hard. We have ma intained some employment despite the pandemic. We have maintained our scholarship funding despite the pandemic. We have seen an increase in students heading up to the Bermuda College and taking advantage of the financial assistance that we provide to those individuals. Mr. Speaker, we are trying our best to put people on pathways to success, a human- centred approach, supporting working -class people and working -class families. Labour and labour party is not just a title, Mr. Speaker. The Progressive Labour Party represents an ethos, an ethos centred on supporting working -class persons. And we will continue in that vein. But when we talk about progressive, [look at] the changes that we have made in terms of employ-ment policies and changes to the Employment Ac t— very much progressive, Mr. Speaker. The require-ments for every organisation to have a bullying and sexual harassment policy —very progressive, Mr. Speaker. The ILO [International Labour Organization] Convention 190, “Eliminating Violence and HarassBermuda House of Assembly ment in the World of Work,” is action- conscious to do exactly what Bermuda has done, Mr. Speaker. I am pleased that when I attended the Caribbean Labour Ministers meeting, I can boast of what Bermuda has done while others are still grappling with this problem. Extension of bereavement leave, ensuring that persons are treated fairly in the workplace, ensuring that persons are receiving meal breaks. Mr. Speaker, you are going to see further advances to the Employment Act. I know one colleague said earlier that there needs to be balance. And sometimes we are moving ahead with progressing the rights of employees over those of employers. But if we as a Progres sive Labour Party do not look out for the best interests of employ-ees, then who will, Mr. Speaker? What were we elected for? Mr. Speaker, I am not going to be the Minister of Labour forever. But while I am here and I have this responsibility that I have been entrusted with by the people of this country, I will ensure that we put our best foot forward to support the working- class people of Bermuda. Mr. Speaker, we have enhanced the scrutiny of foreign work permit applications contrary to what some may believe. [We have] called employees and asked them, How was your interview experience? [To confirm] whether or not what was articulated on the sheet was actually what they had said we asked them to justify why a Bermudian who looks ––
[Crosstalk]
The SpeakerThe SpeakerMember, you have got five seconds. I did not realise the time had run out. Hon. Jason Hayward: —to be qua lified is good enough. Mr. Speaker, I have spoken for 20 minutes, and I cannot finish?
The SpeakerThe SpeakerYes. Hon. Jason Hayward: And I cannot finish?
The SpeakerThe SpeakerWell, you have— Hon. Jason Hayward: The initiatives that this party has put in place for wor king-class people— [Crosstalk]
The SpeakerThe SpeakerWe appreciate your contribution, and we can end on a good note. We will let you start off there when we come back in the new year. How is that? Hon. Jason Hayward: Thank you, Mr. Speaker.
The SpeakerThe SpeakerAnd have yourself a good holiday season. Good. Does any other Member wish to make a contribution at this time? Any other Member? Hon. E. David Burt: You know, I can speak, Mr. Speaker. Or I can ask for more time if you want.
The SpeakerThe SpeakerI think we need the Premier to speak. [Laughter] Hon. E. David Burt: I want to make sure, Mr. Speaker, because you know I will be the last speaker for 2021.
The SpeakerThe SpeakerYou had your chance. The clock is yours. Hon. E. David Burt: You already started the clock?
The SpeakerThe SpeakerThe clock is yours. You have got your 20 minutes. Hon. E. David Burt: Well, Mr. Speaker, I am going to pick up where the youngest Member of Cabinet left off. I remember there was a time when I was the youngest person in the room. But the Honourable Minister …
The clock is yours. You have got your 20 minutes.
Hon. E. David Burt: Well, Mr. Speaker, I am going to pick up where the youngest Member of Cabinet left off. I remember there was a time when I was the youngest person in the room. But the Honourable Minister of Labour said that —
The Speake r: Well, I can remember a time when I used to say that, Mr. Premier. [Laughter]
The SpeakerThe SpeakerHow do you like that one? Hon. E. David Burt: Ah, Mr. Speaker. So it is. Yes, you were younger than me when you went to the House. There is no question about that. You were in your 20s, right? You were 29, correct?
The SpeakerThe SpeakerA young fellow when I went in. PLP GOVERNMENT ACCOMPLISHMENTS Hon. E. David Burt: There, you see? That is how it goes. Yes. I know my history. But, Mr. Speaker, picking up wher e the Honourable Minister just left off, because he basically said that he spoke for 20 minutes …
A young fellow when I went in.
PLP GOVERNMENT ACCOMPLISHMENTS
Hon. E. David Burt: There, you see? That is how it goes. Yes. I know my history. But, Mr. Speaker, picking up wher e the Honourable Minister just left off, because he basically said that he spoke for 20 minutes and he does not have enough time to speak about the things of which are being done for our working people. And he is right, Mr. Speaker. But the thing is that t imes are really hard. And it has been, I would say, quite a year. And as we look back on this year, whether it be the waves of the coronavirus that the country has had to endure, the significant losses, whether from this virus or others which we have had i n this community, and when we 248 10 December 2021 Official Hansard Report
Bermuda House of Assembly look to the fact that our economy Bill remained challenged for some time, that is why it is vital that the Government use the power that it has to make this economy fairer, to make this economy more just and to ensure that we are doing right by the people whom we serve. So as we look back on this last legislative year, there certainly have been significant accom-plishments legislatively inside of this Honourable Chamber, things of which we have advanced or pushed forward to bet ter the conditions of our people. But the truth is, Mr. Speaker, that there is a significant amount of more work to be done. And we cannot get past the fact that this work would be—I do not want to use the word “easier,” Mr. Speaker —but there could be more energy put toward change if we were not challenged with the elephant in the room. And that is the significant amount of energy and efforts on all sides, whether it be Education, whether it be Finance, whether it be Labour, whether it be Health, whether it be Cabinet Office or whether it be Transportation in dealing with the pandemic. And that is why it is so vitally important that we do whatever we can to move beyond the pandem-ic and adjust our approach, because we have to ad-just to living with this virus . And that is what 2022 is going to be. The thought that, you know at the begin-ning of 2020, that we would still be focused and hav-ing so much energy put toward the coronavirus in 2022 is certainly a challenge. But that is what we have. And we have to bala nce that, Mr. Speaker, because our economy must grow. Our economy must recover. And it is never a good thing to be in a place where at the end of the year when you want to give hope for the future you must speak about the fact that our economy will continue to be challenged into 2022. And recognising, though now we have seen some growth in tourism, we know that tourism will not be back in full swing until at least 2023. We are hopeful for a relatively full cruise ship season next year, but certainly on the air arrival side we are going to continue to remain challenged. Then there is going to be another thing which is going to impact us, and that is going to be the issue of inflation, something that I spoke about when I spoke at the PLP Delegates Conference. I just want to take an aside there, Mr. Speaker, and speak about this because yesterday there was a release from the Leader of the Opposition. And [there was] nothing in Parliament today about the is-sue, nothing in regard to questions, nothing in regard to the motion to adjourn. Almost like, you know, [INAUDIBLE] the press, knowing that the Royal Gazette will print it and will not ask for a response from the Government before it goes up. But I am actually stunned that the Opposition Leader would attack the officials in the Department of Statistics and call into question their integrity as if in some way, s hape or form they are mirroring former Ministers of the One Bermuda Alliance Government by fuzzing the num-bers. It is just incredibly poor form, Mr. Speaker, to attack public officers who serve the Government of the day. They served the One Bermuda Allianc e Government of the day, and they serve the Progressive Labour Party Government of the day. And they do their work without fear or favour, whether we like the statistics that come out or we do not like the statistics that come out. The inference from the O pposition Leader that somehow statistics by public officers may [be] manipulated is reprehensible. And I would have thought that the Honourable Opposition Leader would have taken this opportunity to withdraw that attack and to crystallise his thoughts poli tically and in this House; but he has not done so. So, I just want to share that because I think that it is important to note that, yes, Bermuda has a different inflation dynamic than the United States. Do you know why that is, Mr. Speaker? Because unlike the United States, we cannot print money here. The United States has been printing money left, right and centre, sending out cheques, running up massive deficits in order to get money to their people. And that leaves more money chasing fewer goods and services. So, yes, there is significant inflation in the United States. And yes, that inflation will in turn trickle over to Bermuda. But over the last few years our inflation rate has been lower than the rate of inflation in the United States, the United King dom and Canada. It has been lower. Even though we do important things, our inflation rate has been lower, Mr. Speaker. So I think that it is important that we keep those particular things in context. But I think what is also important, Mr. Speaker, is to understand and imagine what policy changes mean and the impact of which they have on the lives of working people. Now, you heard the Honourable Minister of Labour talk about the things of which he is doing in the Ministry of Labour and [what] the Governme nt is doing to impact working people. The Opposition Leader’s attack yesterday on the integrity of the Statistics [Department] of this country mentioned nothing about solutions, nothing about what can be done, mentioned nothing about importers and others who possibly contribute to the [challenge with the] supply chain and the challenges around that, Mr. Speaker. No mention of that; just a baseless attack on public officers. But here is the thing that I will tell you, Mr. Speaker. I know that this Government has done something about it. And let me explain, Mr. Speaker, because the Leader of the Opposition was a Minister of the Government in 2016. And you know what happened in 2016, Mr. Speaker? The former Government raised payroll taxes on working people in this country to the highest level in history, Mr. Speaker. Let me say that again: The former Government raised payroll taxes on working people to the highest level that they
Bermuda House of Assembly had been in history, Mr. Speaker. Working people were paying 6 per cent of their i ncome to payroll taxes—making $48,000 less, 6 per cent of your income going toward payroll taxes. Four years later, Mr. Speaker, that figure was reduced by two- thirds. And instead of persons paying almost $3,000 a year in taxes, working people under this Government are paying less than $1,000, Mr. Speaker. That is how you deal with matters around things such as inflation, putting more money in people’s pockets. There are actual real policy differences, Mr. Speaker, that make an impact in people’s lives. So I am proud to be a part of a Government that has reduced taxes for working people to the lowest level in history. And inside of our election manifesto this time around, we were true to it in 2017 when we said we would reduce it, and in 2020 we said that w e will eliminate it, Mr. Speaker. Those are the types of changes that have real impact on people’s lives, Mr. Speaker. That means that working people are paying almost $2,000 a year less in payroll taxes than they were when this Government came into office, Mr. Speaker. And that is significant. That is a significant buttress for those persons who are struggling with increasing pric-es. When they have more money in their pockets due to lower taxes, Mr. Speaker, that is important. And it is important that we recognise that we have to make sure that we have fairness and justice in this country, Mr. Speaker. So earlier today we tabled a report from the Commission of Inquiry into Historic Land Losses, Mr. Speaker. And I think it is important as we are talking about matters of fairness and justice that we remember the history of what this report rep-resents, Mr. Speaker. Because we recall . . . you were there, Mr. Speaker. I was there. We were all sitting on the same Opposition benches in 2014 when the late Walton B rown (God rest his soul) introduced a motion into the House of Assembly, and that motion passed in the House of Assembly. And remember all of the manoeuvring at that time of the Government of the day in saying that the motion cannot pass , that the motion ha d to be restructured, that the motion would cause the Government to spend money, X, Y and Z ? The motion did pass that evening. And I remember the former Government castigated one of their own Members who split sides because she voted her conscience because she knew, as someone from St. David’s, that there was wrong that was done to her fore-parents. Government did not support it. The Governor rejected it, Mr. Speaker. And we found ourselves working to change the law to allow the Premier to call a commissi on of inquiry in addition to the Governor. When given that power, Mr. Speaker, the former Government, instead of following the will of the House of Assembly and calling a commission of inquiry to investigate these historic land losses decided to appoint a politically motivated one in the hopes that it would get them to buttress their electoral position. And the only thing that it came up with, Mr. Speaker, the only new information it came up with was that it implicated one of their own sitting Members of t he Legislature and recommended them for further investigation. So, Mr. Speaker, when we took Government, we kept our promise. And there is someone, looking down upon us today proud of what we were able to accomplish by keeping their word. We all remember how forceful Walton was on this issue, how impassioned he was on this issue. And the truth is, Mr. Speaker, today there are families in this country who feel that their voice has finally been heard. They feel as though they are not invisible. They feel as though finally someone has listened and put what they have experienced in writing and made it real and said that, You were treated wrongly, unfairly and unjustly . That is the difference of which governance can make inside of people’s lives, Mr. Speaker. And it is important, like the Honourable Member from constituency 2 said earlier, Mr. Speaker, that you cannot put a price on justice. You cannot. And so as we move forward on this, Mr. Speaker, there will be a time for debate on this in this Honourable House. There will be a time to think about how we are going to adjust. But as we talk about the changes that impact the decisions that affect people’s lives, we must recognise and understand that this year around the Christmas table for a great deal of many f amilies there will be a different sense, something that is intangible, something that you cannot touch, that they will say, Finally, someone has listened to us, and finally some-one is trying to right the wrongs of the past. And that, Mr. Speaker, is something that is vital and important.
CLARIEN BANK CHARGING IN-PERSON TELLER FEES
Hon. E. David Burt: And it is vital that fairness happens throughout this country, Mr. Speaker. Because I understand the criticism of which we get from some quarters who do not believe the Government is being forceful enough, who feel that we have a 36 majority and feel as though more things should be done. Mr. Speaker, I accept that criticism as valid. Because when people see things, like the Honourable Member from constituency 4 and the Minister responsible for Social Development and Seniors spoke about, when we see local banking institutions who will introduce five-dollar fees for seniors to access their own money, they rightly question, What will this Government do about it? How is it fair what is being done? What rights do we have as senior citizens in order to make sure that we have fair access to bankin g services? And those are true and valid questions. And I heard one of my Honourable Members saying, In some places and cases there may be too much regulation inside of the economy. Well, in some 250 10 December 2021 Official Hansard Report
Bermuda House of Assembly places, Mr. Speaker, we may actually need to do more. And so as we end this year, Mr. Speaker, I want to make sure that it is clear that, though the economic conditions in this country are challenged and though we recognise it is the purpose of corporations to make money and ret urn value to shareholders, they cannot do that while disenfranchising the most vulnerable in our community on the most basic access to things such as banking services. And this Government will not hesitate to act. And we will proceed with that action, Mr. Speaker, because it is vital. It is important. And it is unconscionable in my opinion that with all of the challenges that persons have in this country, especially our senior citizens, they will be told to pay more to access their own money. So, Mr. Speak er, as we move into the Christmas season and this is the last sitting of the House for 2021, I think that it is important that all persons and all Honourable Members and all persons in our community do all that we can to make sure that we make this a season of giving and a season of joy for so many. This will certainly be the second year in a row that the Government’s Cabinet Office Christmas Party is not happening. We decided to cancel it a few months ago and ensure that the money that we would typically spend on that goes toward purchasing gifts for foster families, because it is vital to recognise when eco-nomic conditions are challenged, more help and more assistance must be given to the community. And that is something that we are proud to do here in the Cabinet Office. We are proud for the Government’s perspective. And I am proud to lead a party, Mr. Speaker, that up and down this country has met the needs of their constituents , not just in the holiday season, but throughout the entire year. So from eas t to west we have our Members of Parliament and our branches giving out turkeys, giving out hampers, making sure we are giving out vouchers, doing whatever they can to make sure that the vulnerable in our community have assistance. There have been branches that have not stopped feeding programmes this entire year and that are out there all the time, Mr. Speaker. And that is the true strength of the Bermuda Progressive Labour Party. We do our work in Government, Mr. Speaker, but we also do our work inside of our communities. So as I close, Mr. Speaker, I want to thank all of the Honourable Members of the Progressive La-bour Party for the work that they are continuing to do inside of their communities in meeting the needs of their constituents. And I want to t hank all of the helping agencies, all of the persons in this country, all of those who are making sure that they are doing their part to bring Christmas cheer where there are families who are hurting, Mr. Speaker. It is vital that we look forward with a s ense of hope. It is vital that we look forward with a sense of optimism. And I hope that during this season we recognise the difficult year that we have been through, but also recognise the hope and optimism and promise in the future that we can come toget her as a community and make sure that we look after our fellow men and women.
CHRIST MAS GREETINGS
Hon. E. David Burt: So, Mr. Speaker, in saying that, I wish all persons in this country a very m erry Christmas. I wish persons a very blessed and prosperous New Year. I sincerely hope, Mr. Speaker, that you will enjoy your time in the west in Somerset. And certainly, Mr. Speaker, for all of us we must look forward to a year, a new year 2022, of better unity, better (I would say) camaraderie and making sure that we do our part to protect our country’s health so that we can make sure that we rebuild and revitalise our economy so that we can do more to provide for the people in this country and what we need in order to not only survive, Mr. Speaker, but to thrive. So, with that, Mr. Speaker, merry Christmas to you and to your family and to all Hono urable Members during this season.
CHRISTMAS GREETINGS
The SpeakerThe SpeakerThank you, Mr. Premier. Thank you, Members and Ministers, for your participation throughout the day and particularly for the warm wishes that have been expressed by many Members here this evening on the motion to adjourn as we go into this Christmas season. And I would just like to add …
Thank you, Mr. Premier. Thank you, Members and Ministers, for your participation throughout the day and particularly for the warm wishes that have been expressed by many Members here this evening on the motion to adjourn as we go into this Christmas season. And I would just like to add my sentiments to that as well, wishing well upon all of your famili es. Members, take this time during this season to remember the reason for the season and to spend time with your loved ones. And just remember that there are many who will not have that opportunity as they have done in the past to spend this time with loved ones due to the impact of death and sickness that have come upon the Island under this pandemic. And be especially mindful of those family members during this time who are still mourning the loss of loved ones and give a special prayer for them during this time. Be safe. Continue to stay well. Continue to practice the right conditions under these restrictions so that we can stay on top of the effects of the virus in our community. And, Members, we look forward to everyone being able to join us again in t he new year when we restart the session early in February. Be safe, Members. Have a good Christmas season. And with that, this session comes to a close. Good night.
Some Hon. Members Some Hon. MembersGood night, Mr. Speaker. [At 7:53 pm, the House stood adjourned until 10:00 am, Friday, 4 February 2022.]