This was primarily an information session where Ministers gave updates on various government initiatives. The Post Office announced plans to launch an online shopping platform called MyBermudaPost.bm by October, allowing residents to buy goods from the US and have them delivered locally. The Health Minister announced that starting October 1st, unvaccinated travelers can quarantine at home rather than in government-approved hotels, though they must still quarantine for 14 days with electronic monitoring. The session also included routine business like confirming meeting minutes and tabling reports.
Updates on Bermuda Post Office modernization plans including new online shopping platform and delivery servicesChanges to COVID-19 border controls - unvaccinated travelers can now quarantine at home instead of hotels after September 30thNew disaster victim identification training for emergency respondersApproval of Jamaica and Trinidad & Tobago as jurisdictions for international adoptionsCondolences for community members who recently passed away
Bills & Motions
Parliamentary Standing Committee Report on Bermuda Tourism Authority 2021 Recovery Plans was tabled
Adoption of Children (Approved Jurisdictions) Order 2021 was presented (allows adoptions from Jamaica and Trinidad & Tobago)
Bermuda Education Council (Exemptions) Order 2021 for 2021-2022 school year was presented
No bills were debated or voted on - this was primarily a statements and reports session
Notable Moments
Post Office expects to generate $800,000-$1 million in new revenue annually from expanded services while keeping costs flat
15 local emergency responders (12 police, 3 regiment) completed specialized disaster victim identification training to prepare for major incidents
Some technical difficulties occurred with Members accessing documents and audio issues during presentations
Debate Transcript
827 speeches from 39 speakers
The SpeakerThe SpeakerGood morning, Members. It now time to begin today's session. Ms. Beale, would you lead us in prayer s? PRAYERS [Prayers read by Ms. Kara Beale, Assistant Clerk ]
The SpeakerThe SpeakerThank you, Ms. Beale. Members, the House is now in session. CONFIRMATION OF MINUTES [Minutes of 23 July and 10 September 2021]
The SpeakerThe SpeakerThe Minutes of the 23rd of July, which the Opposition had asked last week for us to defer, will stand as printed. There are no other requests on that, so they will stand as printed. The Minutes of [September ] 10, 2021, are there any amendments or omissions that need …
The Minutes of the 23rd of July, which the Opposition had asked last week for us to defer, will stand as printed. There are no other requests on that, so they will stand as printed. The Minutes of [September ] 10, 2021, are there any amendments or omissions that need to be made to those Minutes? There are none. The Minutes will stand as printed. [Minutes of 23 July and 10 September 2021 confirmed]
MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerI have been informed that two Members will be absent today, Honourable Member Jamahl Simmons; and Honourable Minister Rabain, the Minister of Education, will also be absent today. MESSAGES FROM THE SENATE The S peaker: There are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerYes, this morning w e have a series of Papers and Communications. And the first is in the name of the Deputy Premier. Deputy Premier, would you like to present your matter at this moment ? Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you, very much, and good morning …
The SpeakerThe SpeakerGood morning. REGULATORY AUTHORITY OF BERMUDA ANNUAL REPORT FOR 2018 –2019 Hon. Walter H. Roban: Mr. Speaker, I have the ho nour to attach and submit for the information of the Honourable House of Assembly the Regulatory A uthority of Bermuda Annual Report for 2018– 2019. Thank you very much, …
The SpeakerThe SpeakerThank you, Deputy. Minister of Finance, would you care to present your matter at this time? [No audible response]
The SpeakerThe SpeakerMinister ? We will move on. The next is in the name of Minister Furbert. Minister Tinee Furbert, would you like to pr esent your paper? ADOPTION OF CHILDREN (APPROVED JURISDICTIONS) ORDER 202 1 Hon. Tinee Furbert: Yes. Good morning, Mr. Speaker. Mr. Speaker, I have the honour to attach …
Minister ? We will move on. The next is in the name of Minister Furbert. Minister Tinee Furbert, would you like to pr esent your paper?
ADOPTION OF CHILDREN (APPROVED JURISDICTIONS) ORDER 202 1
Hon. Tinee Furbert: Yes. Good morning, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Adoption of Children (Approved Jurisdictions) Order 2021, made by the Minister respons ible for Child and Family Services in exercise of the power conferred by section 46 of the Adoption of Chi ldren Act 2006. Thank you, Mr. Speaker.
1944 24 September 2021 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you, Minister. The next communication this morning is in the name of Minister Furbert as we ll, Minister and spokesman for Youth and Sport.
BERMUDA SPORT ANTI -DOPING AUTHORITY ANNUAL REPORT 2021
Hon. Tinee Furbert: Thank you, Mr. Speaker. Thank you. Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Sport Anti -Doping Authority Annual Report 2021 . Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. And you are also acting on behalf of the next one as well . Would you like to pr esent the one on behalf of the Minister of Education? BERMUDA EDUCATION COUNCIL (EXEMPTIONS) (2021 TO 2022 SCHOOL YEAR) ORDER 2021 Hon. Tinee Furbert: Thank you, Mr. Speaker. Mr. …
Thank you. And you are also acting on behalf of the next one as well . Would you like to pr esent the one on behalf of the Minister of Education?
BERMUDA EDUCATION COUNCIL (EXEMPTIONS) (2021 TO 2022 SCHOOL YEAR) ORDER 2021
Hon. Tinee Furbert: Thank you, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Educat ors Council (Exem ptions) (2021 to 2022 School Year) Order 2021. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. This brings us to an end of the Papers and Communications to the House this morning. PETITIONS
The SpeakerThe SpeakerThere are no ne. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerThis morning we have five such Stat ements. The first is in the name of Minister Furbert, Minister for the Cabinet Office. Minister Furbert, would you like to present your Statement at this time? [Pause]
The SpeakerThe SpeakerMinister, we see you, but we do not hear you. Hon. Wayne L. Furbert: Do you hear me now, Mr. Speaker?
The SpeakerThe SpeakerYes, Minister. Go right ahead. BERMUDA POST OFFICE Hon. Wayne L. Furbert: Thank you. Mr. Speaker, I rise to speak on the cur rent status of the Bermuda Post Office [BPO ], as well as the progress the BPO is making to moderni se their services. Mr. Speaker, the BPO’s …
Yes, Minister. Go right ahead.
BERMUDA POST OFFICE
Hon. Wayne L. Furbert: Thank you. Mr. Speaker, I rise to speak on the cur rent status of the Bermuda Post Office [BPO ], as well as the progress the BPO is making to moderni se their services. Mr. Speaker, the BPO’s strategic objec tive to increase revenues via technology, in an expanding e- commerce, logistics and parcel market, remains on target and a reality. For example, the department’s online shopping platform, MyBermudaPost .bm, powered by MyUS .com , is set to be implemented via a soft launch by September 30, with an official start date in mid- October. Mr. Speaker, this new service will allow Be rmuda Post Office customers the ability to purchase goods and merchandise in the USA (and hopefully the UK within three to six months) and have those items delivered locally through the Bermuda Post Office’s logistical network of sub- offices. Or they can be deli vered directly to local residences and businesses via an expanded courier and home delivery service. Mr. Speaker, local entrepreneurs, e- tailers and businesses will be provided with an affordable local last -mile logistic service. With increased BPO marketing and advertising efforts, the BPO will be better positioned to capitali se on the opportunity to be more competitive, efficient and sustainable. Mr. Speaker, t he Bermuda Post Office r emains compliant with the Universal Postal Union’ s (UPU) standards, requirements and covenants r egarding the transport and processing of mail. This also includes the mandate to accept and send ITMATT (item attribute) data, or data that is used to communicate all mail data and information to destination postal administrations. The receiving and sending of ITMATT data will help the BPO to gain efficiencies in the customs declaration process, allow the BPO to preclear in-bound mail items and provide a greater sense of control, security and accountability to meet local standards and Revenue Act requirements as an agent for Customs. Mr. Speaker, recipients of incoming parcel and packages mail will receive an email or SMS message from the Bermuda Post Office asking if they would like to provide an electronic i nvoice for the pr eclearance of their goods. Bermuda Post Office customers can also choose their delivery option — residence, business or any location of their choice — and the Bermuda Post Office will deliver accordingly. Customs duty can be paid online. If t he customer wishes to do so, they can ignore the SMS or email message and their package will go to their suboffice location and a collection notice will be delivered as per normal procedures. Mr. Speaker, as previously communicated, the current service and processing fee is to be i ncreased to $10 to help cover BPO’s processing and administration of inbound mail items, to provide customers with an advice of arrival, and to complete and
Bermuda House of Assembly confirm Bermuda Customs Declaration [BCD ] forms. Delivery to any physi cal address in Bermuda is free. Mr. Speaker, it is anticipated that t he Berm uda Post Office’s p hilatelic website will be operational by September 30, 2021. The website will allow [philatelic] account holders and visitors to the site the ability to order stamp collections, and to manage standing orders and top- ups to their accounts for stamp releases of their choice for local and international delivery. Mr. Speaker, additional enhancements in technology include the introduction of touch screen kiosks at t he General Post Office [ GPO ] and all suboffices in 2022, with the potential introduction of public and free Wi -Fi at the General Post Office. These initi atives are expected to improve customer service and the customer’s experience via increased foot traff ic and potential increased revenues as Post Office prod-ucts and services are [ cross] sold. Mr. Speaker , included in BPO’s future vision for the next six months is the implementation of addi-tional value -added services such as Drop- and-Deliver . This particular service will enable local e- commerce vendors who do not have a delivery network the o ption of dropping off their mail items to the Bermuda Post Office for delivery locally. Conversely, they can arrange for the Post Office to pick up from their place of business. Local post rates apply, with a $5 fee per delivery item. Mr. Speaker, another service the BPO will be introducing is a one- size, one- price mailbox for outgoing international parcel mail. Business customers in Hamilton who want their Post Office box mail to be delivered can do so as well. Mr. Speaker, improving the Bermuda Post Office ’s appearance is also one of our objectives. Post Office locations will be refreshed; staff uniforms will be updated; and a renewed focus on customer service and positive customer service experiences will be a predominant goal. The Bermuda Post Office expects to make legislative amendments to the Post Office Act 1900, the Post Office Regulations 1933 and the Post Office (Departmental Administration) Regulations 193 3 to reflect changes in service, product offerings and future objectives. These amendments will facilitate increased logistic and online services, as well as increase eff iciencies and enhance the overall customer exper ience when using the Bermuda Post Offi ce’s wide range of services. Mr. Speaker, t he Bermuda Post Office is a service provider and one of only a handful of gover nment departments that can compete with local and international businesses in the same market. Howe ver, the Post Office public servic es are free, and to help balance the Post Office financially, a postal rate i ncrease in April 2022 is necessary, coupled with aforementioned service and product improvements. Mr. Speaker, t he Bermuda Post Office has made improvements in their business plan, technol o-gy and infrastructure to make the department more competitive, with a new proposed organi sation chart and a leadership vision for success. Significant pr ogress is being made to upgrade job descriptions, along with staff training and development being em-phasi sed to help achieve BPO’s vision and future operational and staffing needs. The Bermuda Post Office, which is now led by new Postmaster General Sam Brangman Jr., with the support of the BPO’s senior management team, r emains committed to succ ess. Mr. Speaker, the objectives, goals and initiatives of the Bermuda Post Office for 2021/2 2 and the future are to remain visionforward, innovative and customer -focused, and to have a sustainable postal service. Post Office staff remain hardworking and dedicated despite the a dverse COVID -19 impact on delivery of services. Mr. Speaker , I hasten to commend Mr . Brangman, his senior management team and all of the BPO’s employees for the stellar service they continue to provide to the community. I am very optimistic that this service will improve immensely as we implement these innovative upgrades and new products for the public. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Minister who has a Statement for this morning is the Minister of Health. Minister, would you like to put your Statement this morning? Hon. Kim N. Wilson: Yes, thank you. Good morning,
Mr. Speaker.
The SpeakerGood morning. Go right ahead. UPDATE ON BORDER CONTROLS —QUARANTINE (COVID -19) (NO. 3) ORDER 2020 Hon. Kim N. Wilson: Mr. Speaker and Honourable Members, as this Honourable House will recall, a 14day quarantine in a government -approved facility for unvaccinated travellers came into effect on the 20 th of …
Good morning. Go right ahead.
UPDATE ON BORDER CONTROLS —QUARANTINE (COVID -19) (NO. 3) ORDER 2020
Hon. Kim N. Wilson: Mr. Speaker and Honourable Members, as this Honourable House will recall, a 14day quarantine in a government -approved facility for unvaccinated travellers came into effect on the 20 th of June with an end date of the 30th of September 2021. The purpose of the 14- day quarantine is to curtail the movement of unvaccinated, recently arrived travellers to the I sland. The incubation period for COVID -19 is between two and fourteen days, and that sets the quarantine period. Mr. Speaker, after an outbreak of COVID -19 in March and April of this year, Bermuda enjoyed a relatively calm early and mid-
[No audio]
Hon. Kim N. Wilson: —of COVID -19 fuel led by a coronavirus variant of concern—the Delta strain. It is highly transmissible, and its symptoms are very easily 1946 24 September 2021 Official Hansard Report
Bermuda House of Assembly confused with a summer cold or allergies. As a result, we find ourselves in the midst of an outbreak where local transmission of the disease far outweighs the incidence of the disease among travellers. Mr. Speaker, this does not mean we can relax our border controls . However , the reality remains that the virus which causes the disease COVID -19 arrives in Bermuda via travellers. As we grapple with the current outbreak, we cannot lose sight of the need to keep our borders strong. Therefore, the 14- day quarantine requirement for unvaccinated travellers will r emain in place, but they will be expected to quarantine at home after the 30th of September. Mr. Speaker, to ensure unvaccinated air arr ivals are not in any of the quarantine hotels by the 30th of September 2021, the last of the unvaccinated tra vellers to check in will do so tomorrow, Saturday, the 25th of September. Unvaccinated travellers arriving on Sunday, the 26th of September , will access a new pr ocess when applying for their travel authorisation, and those travellers will be expected to quarantine at home. Mr. Speaker, please note there will be no changes to the travel authori sation or protocols followed by vaccinated travellers —and the majority of our travellers now are vaccinated. Mr. Speaker, the travellers who undergo the 14-day quarantine will be fitted with an electronic monitoring device and a red wristband. They will be requi red to remain at their accommodation for the full period. The only tests they must have are the arrival test and their day-14 test. As part of the travel author isation application, the traveller must declare that he or she can quarantine at home alone. Any and all of the household members must quarantine as well. The only exception will be for those with a medical certif icate—this is unchanged from the current situation for medical travel. There will be some unvaccinated residents who travel but cannot quarantine alone and whose household members cannot quarantine with them. In those cases, the travellers must stay in a paid accommodation. There will be no specific quarantine hotel s, but the travellers will be monitored in the accommodation of their choosing as if they were at home. Mr. Speaker, for the avoidance of doubt, all unvaccinated visitors to the Island —and this does a ppear to be a small, curious tourism niche—must quarantine for 14 days in a paid accommodation. Also, all those residents who arriv e on I sland without a t ravel authorisation and cannot quarantine at home alone must quarantine in a paid accommodation as well. It may be that for those unvaccinated travellers, their household members will later agree to quarantine with them, in which cas e the traveller can check out of the accommodation and complete the 14- day quarantine at home. As is the case now, Mr. Speaker, household members who quarantine with a traveller will be fitted with a red wristband. The wristband must be worn until the ent ire household tests out on day 14 with a negative test result. Mr. Speaker, I am reminded that at the begi nning of this marathon of a global pandemic, our main measure of success was that we would not overwhelm our health system. At this point, unfortunat ely, we are not succeeding. Residents, frontline workers, Ministry staff, the third sector, local businesses, international business —all of us —we have to work hard and work together in this fight against COVID -19. The marathon is not yet over. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of National Security. Minister Ming, would you like to present your Statement ? Hon. Derrick V. Burgess, Sr.: Mr. Speaker. Mr. Speaker, before you continue.
The SpeakerThe SpeakerYes, yes. Hon. Derrick V. Burgess, Sr.: We do not have any copies of the Statements.
The SpeakerThe SpeakerOkay. They were not put up on Shar ePoint?
An Hon. Member An Hon. MemberYes. They are. They are available. Hon. Derrick V. Burgess, Sr.: I did not see any. I looked and looked. No problem; I will look again.
Ms. Susan E. JacksonAnd try refreshing your page. There is a little circle at the top where the webpage address is. If you circle that, it will refresh. Hon. Derrick V. Burgess, Sr.: All right. Thank you, , I appreciate that.
The SpeakerThe SpeakerDeputy, if that does not work out for you, let me know and I will have Mr. Lamb try to sort you out, okay? Hon. Derrick V. Burgess, Sr.: Okay. Thank you.
The SpeakerThe SpeakerThank you, Members, for the assi stance in providing some direction where we could help the Deputy at this time. I appreciate it. Minister Ming, would you like to make your presentation? Bermuda House of Assembly DISASTER VICTIM IDENTIFICATION TRAINING Hon. Renee Ming: Yes. Good m orning, Mr. Speaker and …
Thank you, Members, for the assi stance in providing some direction where we could help the Deputy at this time. I appreciate it. Minister Ming, would you like to make your presentation?
Bermuda House of Assembly DISASTER VICTIM IDENTIFICATION TRAINING
Hon. Renee Ming: Yes. Good m orning, Mr. Speaker and listening audience. Mr. Speaker , I rise this morning to inform this Honourable House that during the week of August 30, 2021, a number of Bermuda agencies received trai ning in disaster victim identification , known as DVI. Mr. Speaker , as a direct result of the Air Crash Incident Training conducted in January of 2019, a gap was reali sed that Bermuda and all the other Overseas Territ ories have in disaster victim identific ation. To assist, the National Disaster Coordinator approached the Foreign Commonwealth and Develo pment Office with an application for this DVI training to be delivered across the O verseas Territories . Mr. Speaker , the DVI process is an intern ationally recogni sed sequence of activities that has been developed over several years. It has been tested in large- scale disasters in many regions across the world and has proven to be a reliable method by which victim data in the form of post -mortem material can be matched against missing person data. The aim of this matching process is to positively identify human remains. Mr. Speaker , Bermuda was lucky to receive two instructors, Mr. Howard Way (OBE) and Police Superintendent Pete Sparks (QPM) , from the Disaster Victim Identification Team , which is part of the National Police Coordination Centre and sits under the N ational Police Chiefs Council. Mr. Speaker , they trained 15 students, 12 police officers and 3 regiment solders , who received three full days of training as on- theground practitioners in managing any victims, scene preservation and evidence. On Friday , September 3, four hours of training was delivered to the various commanders of the agencies who would be involv ed, and staff with specialist roles that are touchpoints for the scene invest igators . This included the Deputy Governor, Perm anent Secretary of the Ministry of National Security, Police Commanders, Regiment Commanders, Coast Guard Commander, Fire Commander s, Bermuda Hospital s Board, Mass Casualty Team Commander, INTERPOL Officer, Family Liaison Officers, Property Management Team, Police Training Centre, Police Doctor, Chief Dental Officer, Pathologists, Morgue Manager, Coroners Officer, Crown Counsel, Diploma tic Counsels, Safety and Health Managers, Public I nformation Officers, Bermuda Red Cross, Bermuda Civil Aviation Authority, Bermuda Airport Authority and Skyport Corporation. The coordination of the training was completed by the Disaster Risk Reduction and Mitigation [DRRM] Team , which sits under the Ministry of National Security and the Emergency Measures Organisation. Mr. Speaker , over the last 40 years there have , unfortunately , been many incidents around the world that have involved loss of life on a large scale. These have included air crashes, industrial expl osions, fires, acts of terrorism , as well as other types of incidents including natural disasters such as hurr icanes and tsunamis . Fortunately , these incidents are rare, but this does not mean that we should not be prepared. After each of these incidents an inquiry [did] take place, which has resulted in many recommendations being made. Mr. Speaker , these inquiries have shaped disaster victim identification into a discipline which follows the r ecommendations made, and includes: • the provision to be honest and, as far as possible, provide accurate information at all times and at every stage to the families and friends of the victims ; • be respectful to the deceased and to the b ereave d; • have a sympat hetic and caring approach; and • act professionally and diligently to avoid mi staken identification. Mr. Speaker, INTERPO L has mandated that one of the most important requirements for victim identification is the application of international standards, whic h aim s to promote a consistent and widely understood approach, especially in multinational DVI operations. Mr. Speaker , I would like to thank both Ho ward Way and Pete Sparks for providing their expert advice based on many years of experience, and also [thank] the Foreign and Commonwealth Development Office for sponsoring this training. Mr. Speaker , the Disaster Risk Reduction and Mitigation Team are now crafting a DVI response plan which will outline Bermuda’s coordinated multi- agency response should an incident ever occur that requires a DVI response in Bermuda. Mr. Speaker , the work of the DRRM Team is important in ensuring that Berm uda is prepared for any large- scale disaster. I will continue to update this Honourable House on this work and the import ant work of all of the departments and units within the Ministry of National Security. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is that of the Minister of Transport. However, Members, I am going to seek y our indulgence because the Member has asked that we defer that for the moment as there are issues right now that he may wish to include, depending …
Thank you, Minister. The next Statement this morning is that of the Minister of Transport. However, Members, I am going to seek y our indulgence because the Member has asked that we defer that for the moment as there are issues right now that he may wish to include, depending on the outcome. And he wanted to defer the Statement until that matter is addressed so that he can give you t he best and most updated Statement. So we will ask that that be deferred until later in the day, with your indulgence. So bypassing that Statement, the next Stat ement is in the name of Minister Tinee Furbert. Minister, would you like to present your Statement at this time?
1948 24 September 2021 Official Hansard Report
Bermuda House of Assembly Hon. Tinee Furbert: Good morning. Thank you, Mr. Speaker.
The SpeakerThe SpeakerGood morning. Go right ahead. INTERCOUNTRY ADOPTIONS APPROVED JURISDICTIONS Hon. Tinee Furbert: Mr. Speaker, I rise today to address an issue related to intercountry adoptions that will approve two jurisdictions, namely Jamaica and Trinidad and Tobago, which is in response to requests from prospective applicants who are desirous of adopting …
Good morning. Go right ahead.
INTERCOUNTRY ADOPTIONS APPROVED JURISDICTIONS Hon. Tinee Furbert: Mr. Speaker, I rise today to address an issue related to intercountry adoptions that will approve two jurisdictions, namely Jamaica and Trinidad and Tobago, which is in response to requests from prospective applicants who are desirous of adopting children native to Jamaica and Trinidad and Tobago. Mr. Speaker, one may ask, What is an approved jurisdiction? Our adoption legislation gives guidelines on what is considered an approved jurisdi ction. According to the Adoption of Children Act 2006, Part 5 Overseas Adoptions, sections 46 and 47 , approval by the court can only be granted if a child brought to Bermuda is from an approved jurisdiction . An “approved jurisdiction ,” as outlined in section 46(2) (a) and (b), is [defined as follows] : • a country that is a party to the Hague Convention and is not on the restricted list ; or • a jurisdiction that is designated by the M inister as an approved jurisdiction by order published in the Gazette and is not a country on the r estricted lis t. Jamaica and Trinidad and Tobago are not a party to the 1993 Hague Convention on Protection of Children and Co- operation in Respect of Intercountry Adoption, and they are not on the restricted list. J amaica and Trinidad and Tobago are identified as a connected party , as both are in the process of becoming a party to t he Hague Convention, as they have signed, ratified and acceded to one or more of the conventions. The Department of Child and Family Services requested that the Minister exercise her legislative powers under section 46 of the Adoption of Children Act 2006, which gives effect to overseas adoption otherwise known as “ intercountry adoption. ” Mr. Speaker, with Ministerial approval by way of an Order entitled Adoption of Children (Approved Jurisd ictions) Order 2021, dated and operative on the 22 nd of September 2021, when meeting the prerequisites, prospective applicants will now be able to pr oceed with their intercountry adoption applications in Jamaica and Trinidad and Tobago. Prospective appl icants having met all of the conditions for a successful intercountry adoption from the said countries will allow adopted children to acquire Bermudian status effective from the date of the adoption, as set out in section 16(2)(a) of the Bermuda Immigration and Protection Act 1956. Mr. Speaker, section 4 of the Adoption of Children Act 2006 designates the Director of Child and Family Services with the responsibility for the administration of adoptions in Bermuda. This oblig ation includes potential adoptions of both domestic and overseas children by prospective adoptive parents who fulfil the legislative requirements set out in the afore mentioned Act. Mr. Speaker, the legislation and adoption pr ocedures of the local authorities in Jamaica and Trinidad and Tobago have been reviewed, with the incl usion of a comparative analysis of child safeguards that are in place to uphold the well -being of the child as well as the rights of birth parents during the adoption process. Mr. Speaker, I would like to share stati stics of the Department of Child and Family Services [adop-tion services] for calendar year 2020, which provides the following overview: 37 cases that are inclusive of 21 consultations, of which 17 were local adoptions and 4 concerned overseas adoptions. For the purposes of the DCFS adoption services, such consultations provide an opportunity for persons seeking advice regarding the feasibility of local or overseas adop-tions; there were 16 open cases/applicants ready to start the application process, 9 of which were local adoptions and 7 pertained to overseas adoptions. Mr. Speaker, Bermuda has not acceded to the Hague Adoption Convention and is classified as “ other.” As a result of this classification, Bermuda, along with the other said jurisdictions, must rely on their l ocal legislation as opposed to international authority for the process of intercountry adoptions to take effect. This process is reflected in local legislation under section 46 of the Act, which authorises the Minister with responsibility f or Child and Family Services to make an order that is subject to the negative resolution pr ocedure designating any other jurisdiction. Subs equen tly, the order is gazetted approving the jurisdi ction. If a designated jurisdiction becomes a “ restricted county ,” that jurisdiction ceases to be an approved jurisdiction and the process discussed will no longer apply. Mr. Speaker, I would like to take this opportunity to remind persons who are interested in adopt-ing children, either it be locally or from another j urisdiction, to be mindful this is a lifelong commitment to a child. Once an adoption is formalised, there is no tur ning back. You are now recognised in law as the legal parent(s) of the child until they are an adult. As the named legal parent, one has legal rights and responsibilities known as “ parental responsibility .” Such r esponsibilities must be upheld—for example, [including] but not limited to the following: • providing a home for the child; • protecting, providing for needs and maintai ning the child; • choosing and providing for the child's educ ation; and • ensuring proper emotional and physical health needs and health care.
Bermuda House of Assembly Mr. Speaker, I encourage potential applicants seeking to adopt to prepare to do their research, di scuss their concerns with the Depart ment of Child and Family Services and recognise beforehand the r ewards and the various challenges and changes that a child brings to one's existing lifestyle. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. That brings us to an end of the Stat ements for this morning. We now move on to the next item on the Order Paper. REPORTS OF COMMITTEES
The SpeakerThe SpeakerWe have a report this morning from the Public Accounts Committee. And the Opposition Leader will present that report. Opposition Leader, woul d you like to make your report at this time? PARLIAMENTARY STANDING COMMI TTEE REPORT ON PUBLIC ACCOUNTS —BERMUDA TOURISM AUTHORITY 2021 RECOVERY PLANS Hon. N. H. Cole …
We have a report this morning from the Public Accounts Committee. And the Opposition Leader will present that report. Opposition Leader, woul d you like to make your report at this time?
PARLIAMENTARY STANDING COMMI TTEE REPORT ON PUBLIC ACCOUNTS —BERMUDA TOURISM AUTHORITY 2021 RECOVERY PLANS
Hon. N. H. Cole Simons: Mr. Speaker, under the provisions of Standing Order 34(c)(iii) of the House of Assembly, I hereby submit for the information of the Honourable House of Assembly the Report of the Parliamentary Standing Committee on Public Accounts on Bermuda Tourism Authority 2021 Recovery Plans. The PAC [Public Accounts Committee] requested this report before the Ministry of Finance for consideration and response on the recommendations they advised the committee. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Members. Members, it is not indicat ed on the Order P aper at the moment, but there was an additional item that we were hoping would have been here for this morning. It is being worked on. If it is resolved, I am going to seek your indulgence …
Thank you, Members. Members, it is not indicat ed on the Order P aper at the moment, but there was an additional item that we were hoping would have been here for this morning. It is being worked on. If it is resolved, I am going to seek your indulgence later in the day to have that report tabled as wel l. Thank you.
QUESTION PERIOD
The SpeakerThe SpeakerThere are Members who have indicated they have questions for Statements this morning. There are no written questions, so we will move right through to the questions from Statements. The first question this morning is to Minister Furbert regarding your Statement on the Post Office, and that is from MP …
There are Members who have indicated they have questions for Statements this morning. There are no written questions, so we will move right through to the questions from Statements. The first question this morning is to Minister Furbert regarding your Statement on the Post Office, and that is from MP Jackson. MP Jackson, would you like to present your question at this point? QUESTION 1: BERMUDA POST OFFICE
Ms. Susan E. JacksonGood morning, Mr. Speaker, and thank you. Thank you, Minister, for giving us an update on the Post Office. My question to this Minister, though, is the costs associated. So I am wondering if you might be able to provide us with an estimated amount of money that will be …
Good morning, Mr. Speaker, and thank you. Thank you, Minister, for giving us an update on the Post Office. My question to this Minister, though, is the costs associated. So I am wondering if you might be able to provide us with an estimated amount of money that will be budgeted or spent on this new initiative of courier services, et cetera?
Hon. Wayne L. Furbert: Well, I can tell you right now we are not expecting any additional increases in ex-penses. But what we are expecting is an increase in revenue of somewhere between $800,000 to $1 mi llion a year.
The SpeakerThe SpeakerPut your second question. QUESTION 2: BERMUDA POST OFFICE
Ms. Susan E. JacksonYes. Minister, I am just wondering if you might be able to share how the instructions will be shared with customers? I just can appr eciate through the Statement that you provided that there will be a number of instructions that customers will have to follow in order to receive …
Yes. Minister, I am just wondering if you might be able to share how the instructions will be shared with customers? I just can appr eciate through the Statement that you provided that there will be a number of instructions that customers will have to follow in order to receive their goods. And I am wondering how you are going to share that with the public, given the fact that it can become compl icated?
Hon. Wayne L. Furbert: I am not clear on what is your question. But I can tell you right now that we have a soft launch next week with some of the staff just to make sure that everything is ironed out. But then afterward, going forward, a media blitz as far as a promotion, a DCI over the YouTube, or whatever it is. But we will get the information out there to make sure how the actual work —as a matter of fact, maybe some Bermudians are actually on the MyUS.com system, and MyBermudaPost.bm does not work much differently. So I hope that clarifies and answers your question.
The SpeakerThe SpeakerAre there any further supplementaries or a third question? Your microphone is not on.
Ms. Susan E. JacksonNo further supplementary questions. We will just see how the communic ations roll out.
The SpeakerThe SpeakerOkay. Thank you. 1950 24 September 2021 Official Hansard Report Bermuda House of Assembly Minister, that is the end of the questions for your Statement.
The SpeakerThe SpeakerMP, I may have overlooked your submission there. Yes. Yes. Okay. I did overlook yours. Opposition Whip, put your question. QUESTION 1: BERMUDA POST OFFICE
Mr. Jarion RichardsonThank you, Mr. Speaker. Thank you, Honourable Minister. Would the Honourable Minister please inform this Honourable House when he anticipates tabling the legislative amendments as mentioned on page 6? Hon. Wayne L. Furbert: Well, we hope to release it as soon as possible. The team is working on that. As …
Thank you, Mr. Speaker. Thank you, Honourable Minister. Would the Honourable Minister please inform this Honourable House when he anticipates tabling the legislative amendments as mentioned on page 6? Hon. Wayne L. Furbert: Well, we hope to release it as soon as possible. The team is working on that. As you notice, some of the information has to do with i ncreases that do not take effect until t he actual budget next year.
The SpeakerThe SpeakerSupplementary or new question?
Mr. Jarion RichardsonDo you anticipate any pro blems with rollouts, given that it seems we need to have legislative amendments, but actually those might come after the rollouts? Do you anticipate any hurdles or problems with rolling out this new proposed sy stem? Hon. Wayne L. Furbert: There are always challenges that …
Do you anticipate any pro blems with rollouts, given that it seems we need to have legislative amendments, but actually those might come after the rollouts? Do you anticipate any hurdles or problems with rolling out this new proposed sy stem?
Hon. Wayne L. Furbert: There are always challenges that come about. We are doing all we can to mitigate those problems. And if the problem comes, we will take it on and make sure that things work properly.
The SpeakerThe SpeakerFurther supplementary or a new question?
The SpeakerThe SpeakerGo right ahe ad. QUESTION 2: BERMUDA POST OFFICE
Mr. Jarion RichardsonWould the Honourable Mini ster inform this Honourable House, you mentioned a $10 processing fee. Will that fee be the only increase, especially given legislative amendments might be made to . . . which may reflect other fee increases? Thank you, Mr. Speaker. Hon. Wayne L. Furbert: There could be, …
Would the Honourable Mini ster inform this Honourable House, you mentioned a $10 processing fee. Will that fee be the only increase, especially given legislative amendments might be made to . . . which may reflect other fee increases? Thank you, Mr. Speaker.
Hon. Wayne L. Furbert: There could be, but I can tell you right now for delivery of these services around the Island will be much cheaper than [those that] the cur-rent courier services are pr oviding. We are hoping to increase the delivery [to be] as fast as or faster than the current systems. But I can tell you right now, the fee or the charge would be much cheaper than the courier service. Members may not be aware that the total cost for over 30 years has cost the Post Office over $124 million. It was running somewhere between $6 million and $5 million a year in losses. And in early years it was much higher than that. And so we have had to take some actions to change the concept. But, you know, many people may not be [aware], but you are aware that the Post Office has changed over the years. And now it is time for us to take some action with this.
The SpeakerThe SpeakerThank you. Further questions?
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARY
Mr. Jarion RichardsonAs it relates to this increase in revenue and increase in services, will there be any increase in full -time equivalents in the Post Office to provide these new services? Hon. Wayne L. Furbert: We do not anticipate that. We will [utilise] as much efficiency as possible to make sure …
The SpeakerThe SpeakerThank you. Minister, that is the last question for you this morning. We now move on to the Minister of Health. Minister of Health, MP Dunkley has indicated that he has a question for you. MP Dunkley, would you like to put your question? QUESTION 1: UPDATE ON BORDER CONTROLS …
Thank you. Minister, that is the last question for you this morning. We now move on to the Minister of Health. Minister of Health, MP Dunkley has indicated that he has a question for you. MP Dunkley, would you like to put your question?
QUESTION 1: UPDATE ON BORDER CONTROLS — QUARANTINE (COVID -19) (NO. 3) ORDER 2020 Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Good morning to you, and good morning to co lleagues.
Bermuda House of Assembly To the Honourable Minister: Thank you for the Statement. And the One Bermuda Alliance supports this c hange; in fact, we called for it from the begi nning. Question to the Honourable Minister: What made the decision to have the change where unvaccinated travellers could now quarantine at home r ather than in a paid facility?
The SpeakerThe SpeakerMinister. Hon. Ki m N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, as the Government has indicated previously when we first rolled out the mandatory quarantine for unvaccinated travellers, we did so at a time where we thought we could best protect the borders. Recognising that we have almost 66 …
Minister. Hon. Ki m N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, as the Government has indicated previously when we first rolled out the mandatory quarantine for unvaccinated travellers, we did so at a time where we thought we could best protect the borders. Recognising that we have almost 66 per cent of our population immunised at this point, we felt that it was an appropriate time for us to roll back these mandatory quaran — [No audio]
The SpeakerThe SpeakerMinister, your voice faded out. We did not hear you. Your audio faded out. Hon. Kim N. Wilson: Okay.
The SpeakerThe SpeakerJust repeat that last line. Hon. Kim N. Wilson: Okay. We had always a nnounced when we rolled out this particular initiative that it would not be forever and that we would judge the continuation and the discont inuation of the quarantine hotel facility based on such factors as the …
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: Second question, Mr. Speaker.
The SpeakerThe SpeakerSecond question. Go ahead. QUESTION 2: UPD ATE ON BORDER CONTROLS — QUARANTINE (COVID -19) (NO. 3) ORDER 2020 Hon. Michael H. Dunkley: Thank you. Honourable Minister, can you please provide statistics on the number of people who have been in paid quarantine? There has not been an update on …
Second question. Go ahead.
QUESTION 2: UPD ATE ON BORDER CONTROLS — QUARANTINE (COVID -19) (NO. 3) ORDER 2020
Hon. Michael H. Dunkley: Thank you. Honourable Minister, can you please provide statistics on the number of people who have been in paid quarantine? There has not been an update on that for some weeks now.
Hon. Kim N. Wilson: Mr. Speaker, I would not have that information. However, I would invite the Honour able Member to speak to the honourable colleague of mine, Minister Ming, to provide that information as the quarantine facilities were being run by National Sec urity. But I will undertake to speak to my honourable colleague to get that information and provide it to the Honourable Member. The question was the number of persons in hotel quarantine? Hon. Michael H. Dunkley: In paid quarantine. Mini ster, what I will do is I will send you and Minister Ming a message directly with the question.
Hon. Kim N. Wilson: Okay. Thank you.
Hon. Michael H. Dunkley: Thank you. I appreciate that. That is it, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank yo u. Minister Wilson, that is the end of the questions for you this morning.
The SpeakerThe SpeakerPut your question. QUESTION 1: UPDATE ON BORDER CONTROLS — QUARANTINE (COVID -19) (NO. 3) ORDER 2020
Mr. Scott PearmanThank you. Will the Minister kindly . . . on page 3 of your Statement to the Honourable House today, you ind icated that there is going to be a new process (this is at the top of the page), a new process for unvaccinated travellers applying for their travel …
Thank you. Will the Minister kindly . . . on page 3 of your Statement to the Honourable House today, you ind icated that there is going to be a new process (this is at the top of the page), a new process for unvaccinated travellers applying for their travel authorisation under the new scheme. Could the Honourable and Learned Minister kindly share with this Honourable House a little bit more information about what that new process will entail?
1952 24 September 2021 Official Hansard Report
Bermuda House of Assembly Hon. Kim N. Wilson: Thank you, Mr. Speaker, and thank you, honourable and learned friend, for that question. Effectively, the unvaccinated travellers arri ving after [September] 26 will access the process, meaning the quarantine facilities. Those persons . . . you will recall that the quarantine hotel ends on the 30 th of September. So therefore, persons arriving on the 26th under the current regulations will quarantine in a facility for four days. And then the final 10 days, you do so at your home if you are able to because you live alone. So in essence, those persons who are arriving on the 26 th so that we can make a timeline of midnight the 29th of September, those persons will be able to quarantine at their own accommodations subject to if they live alone. If they do not live alone, then they will have to quarantine at a facility such as an Airbnb or another facility where they are alone. So the new process is effectively the transition to the quarantine at home. But those individuals are still under the old regulations, which would have r equired mandatory quarantine in a facility.
The SpeakerThe SpeakerYes. Put your supplementary. SUPPLEMENTARIES
Mr. Scott PearmanThank you, Mr. Speaker. Minister, will the exemptions that previously applied currently apply to unvaccinated travellers? There are certain excepted categories that you will be aware of. I think there are now three. There were pr eviously seven. Will those continue to apply under this new regime? Hon. Kim N. …
Thank you, Mr. Speaker. Minister, will the exemptions that previously applied currently apply to unvaccinated travellers? There are certain excepted categories that you will be aware of. I think there are now three. There were pr eviously seven. Will those continue to apply under this new regime?
Hon. Kim N. Wilson: Yes, they will. Those exem ptions will continue to apply. Thank you.
The SpeakerThe SpeakerYes. Put your second supplementary.
Mr. Scott PearmanMinister, will the position regar ding minor children still remain the same for these travellers, notwithstanding the change in the process? Hon. Kim N. Wilson : Sorry, I am not 100 per cent —
Mr. Scott PearmanPage 2, parents travelling with children. Or will the rule relating to children remain the same? Hon. Kim N. Wilson: All of the exemptions will still be applicable. The only substantial difference to what we are now from the 3 rd of September moving forward is that individuals will not …
Page 2, parents travelling with children. Or will the rule relating to children remain the same?
Hon. Kim N. Wilson: All of the exemptions will still be applicable. The only substantial difference to what we are now from the 3 rd of September moving forward is that individuals will not be required to quarantine in a government -approved facility. They will be able to s elect their place, either at home if they can quarantine alone and/or their family members agree to quarantine; or alternatively they can stay in an Airbnb or another accommodation. But it will not be a government facility.
Mr. Scott PearmanThank you. That is my only question, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you. Minister Wilson , that now closes the questions for you. The next Statement that has questions this morning is the Statement from Minister Tinee Furbert. Minister Furbert, the Opposition Leader would like to put a question to you. QUESTION 1: INTERCOUNTRY ADOPTIONS APPROVED JURISDICTIONS Hon. N. H. Cole …
Thank you. Minister Wilson , that now closes the questions for you. The next Statement that has questions this morning is the Statement from Minister Tinee Furbert. Minister Furbert, the Opposition Leader would like to put a question to you.
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. My question is on the topic of adoption. Mr. Speaker, as we know, over the years Bermuda’s de-mographic tapestry, or population tapestry, is ever evolving. And we have people in Bermuda f rom Africa, Sri Lanka, Eastern Europe, Asia and other countries, and countries who are not possibly subscribing to the Hague Convention like Angola, possibly, or Zimbabwe or Chad. Now we have people living in Bermuda who may have a PRC and who were origin ally from those countries. And so my question to the Minister is, Does this apply to citizens of Bermuda or PRCs of Berm uda, or a combination of both?
The SpeakerThe SpeakerMinister. Hon. Tinee Furbert: Sure. Thank you, Mr. Speaker. Thank you, Opposition Leader. As far as the Adoption Act is concerned, a country that is party to the Hague Convention and is not on the restricted list has the ability for persons to be adopted from. So a country —I …
Minister. Hon. Tinee Furbert: Sure. Thank you, Mr. Speaker. Thank you, Opposition Leader. As far as the Adoption Act is concerned, a country that is party to the Hague Convention and is not on the restricted list has the ability for persons to be adopted from. So a country —I am sorry. I cannot remember one of the countries that you named, Sri Lanka—
Hon. N. H. Cole Simons: Angola or Zimbabwe or Chad. Hon. Tinee Furbert: So Sri Lanka, let us use Sri Lanka for example. If they are part of the Hague Con-vention and are not on the restricted list, then adoption can occur. However, if they are not part of the Hague Convention and are on the restricted list, then it is something that we would have to include as an approved jurisdiction.
Bermuda House of Assembly Hon. N. H. Cole Simons: Okay.
Hon. Tinee Furbert: So at this present time, Oppos ition Leader, we have approved jurisdictions in which we have perspective adoptions. Four of those include Jamaica and Trinidad and Tobago.
Hon. N. H. Cole Simons: Okay. So I am just looking down the road at the big picture, knowing that the d emographic diversity in our population —
The SpeakerThe SpeakerOpposition Leader, is there a new question or a supplementary? Hon. N. H. Cole Simons: I have a supplementary.
The SpeakerThe SpeakerYou can put your supplementary. SUPPLEMENTARY Hon. N. H. Cole Simons: My supplemental is, Does this apply to PRCs, view ing that we have extended the benefits for PRCs? Or does it apply to just Berm uda citizens? And if it just Bermudians and not PRCs, can you explain why? …
You can put your supplementary.
SUPPLEMENTARY
Hon. N. H. Cole Simons: My supplemental is, Does this apply to PRCs, view ing that we have extended the benefits for PRCs? Or does it apply to just Berm uda citizens? And if it just Bermudians and not PRCs, can you explain why? Hon. Tinee Furbert: Sure. It is not just Bermudians. This can apply to relatives and non- relatives. Th ey still have to go through the immigration procedure as well for applying for Bermudian status. So this is just one step that someone would have to cross within the courts to assist with adoption. But, no, it is not. They would still have to go through the immigration proc edure.
Hon. N. H. Cole Simons: Okay. I accept that. So if I am a PRC —
The SpeakerThe SpeakerNew question or supplementary? Hon. N. H. Cole Simons: New question.
The SpeakerThe SpeakerOkay. QUESTION 2: INTERCOUNTRY ADOPTIONS APPROVED JURISDICTIONS Hon. N. H. Cole Simons: If I am a PRC and I have three children, one is here now and two are in Angola (hypothetically). Because I am a PRC, am I restricted from adopting the other two from Angola? Or will I …
Okay.
QUESTION 2: INTERCOUNTRY ADOPTIONS APPROVED JURISDICTIONS Hon. N. H. Cole Simons: If I am a PRC and I have three children, one is here now and two are in Angola (hypothetically). Because I am a PRC, am I restricted from adopting the other two from Angola? Or will I be able to do so with my new PRC status?
Hon. Tin ee Furbert: Mr. Speaker, I cannot answer that question because every case is individual. And it really depends on— there are so many pieces to an adoption procedure that it is hard just to answer that question generically. And so I would say that if anyone is looking to adopt from [Angola], they reach out to the Department of Child and Family Services so that they can provide them with more information in regard to a proposed adoption.
Hon. N. H. Cole Simons: Okay. Supplemental.
The SpeakerThe SpeakerSupplementary. Put your supplementary. SUPPLEMENTARY Hon. N. H. Cole Simons: Let us put the countries aside. The simple question is, Can PRCs adopt chi ldren in Bermuda or from overseas? Can PRCs adopt children from overseas? Hon. Tinee Furbert: I cannot answer that q uestion right now, Mr. Speaker. It …
Supplementary. Put your supplementary.
SUPPLEMENTARY
Hon. N. H. Cole Simons: Let us put the countries aside. The simple question is, Can PRCs adopt chi ldren in Bermuda or from overseas? Can PRCs adopt children from overseas?
Hon. Tinee Furbert: I cannot answer that q uestion right now, Mr. Speaker. It is the same question that has been asked, and I have already answered the question, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader, you tried to get a response [in] many different ways. But the Minister has indicated that t he answer is not readily available at this moment. Hon. N. H. Cole Simons: Thank you, Mr. Speaker.
The SpeakerThe SpeakerOkay , thank you. Any further questions? Hon. N. H. Cole Simons: No. I have no further questions.
The SpeakerThe SpeakerOkay. Thank you. Members, that brings us to a close of the question- and-answer period for this morning. We will move on to the next item on the Order Paper. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerWould any Member wish to speak to this? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerDeputy Speaker. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Mr. Speaker, I would like for the House to send condolences to the family of Maxwell Loren “Chick” Furbert, who passed. He came from a strong Furbert family in Bailey’s Bay. He leaves to mourn his daughter, Betty -Anne, and …
Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Mr. Speaker, I would like for the House to send condolences to the family of Maxwell Loren “Chick” Furbert, who passed. He came from a strong Furbert family in Bailey’s Bay. He leaves to mourn his daughter, Betty -Anne, and probably most of you would know his older brother, Dean Furbert, a popular educator in Bermuda. 1954 24 September 2021 Official Hansard Report
Bermuda House of Assembly Also, Mr. Speaker, I would like to send condolences out to the family of Arthur “Cracker” Outerbridge and Mildred Outerbridge. These are sister and brother who passed this week. Many would know Cracker Outerbridge —that is what he was known as, Cracker Outerbridge. He was a member, a playing member of the Bailey’s Bay Cricket team, which consistently had been for decades one of the best six teams in Bermuda. And his sister, Mildred Outerbridge, is the mother of Marshalle Outerbridge Augustus; Denton Outerbridge; Stephen Outerbridge, former —his last job in Government was D irector of the PTD [Public Transportation Department]; and another brother, Ken Outerbridge, who also played cricket for the Bailey’s Bay. These folks will be sorely missed by the family and the community alike. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy. Would any other Member wish to participate at this point? Hon. W. Lawrence Scott: Mr. Speaker.
The SpeakerThe SpeakerYes. Minister Scott, go ahead. Hon. W. Lawrence Scott: Yes, Mr. Speaker. I am actually rising on behalf of my colleague in constituency 26 to ask this Honourable House to send condolences to the families and friends of those recently passed constituents of his, Mr. Orlando Burch of Jones Village, …
Yes. Minister Scott, go ahead. Hon. W. Lawrence Scott: Yes, Mr. Speaker. I am actually rising on behalf of my colleague in constituency 26 to ask this Honourable House to send condolences to the families and friends of those recently passed constituents of his, Mr. Orlando Burch of Jones Village, who was tragically killed in a road traffic accident. Special condolences to his mother and brother, Marinda and Wil lard Burch. Mr. Allen Trott of Spice Hill Road, a former corrections officer —special condolences to his sister Joy Trott. And Ms. Christian Belboda, of Bulkhead Drive, a young lady who had a promising opportunity in the law profession. Special condolenc es to her parents, Chris and Simone Be lboda. May the deceased rest in peace, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerHonourable Member Campbell, you have your three minutes.
Mr. Vance CampbellThank you, Mr. Speaker. Mr. Speaker, I would like the House to send condolences to the family and friends of the late Mr. Rudolf “Rudy ” Duane Fubler. He leaves behind a wife and tw o children. Once again, Mr. Speaker, the co mmunities of Devonshire and Smith’s are rocked …
Thank you, Mr. Speaker. Mr. Speaker, I would like the House to send condolences to the family and friends of the late Mr. Rudolf “Rudy ” Duane Fubler. He leaves behind a wife and tw o children. Once again, Mr. Speaker, the co mmunities of Devonshire and Smith’s are rocked by the loss of a member of this community. He was a rel atively young man, a family man, a good man and a genuine individual, and a constituent of mine. And I will mis s the fact that whenever I went by his house, he and his wife were prepared to engage in healthy debate on the issues that affected and mattered to them and their families. So he will be missed, and I would like condolences to be sent out on behalf of the family. Lastly, Mr. Speaker, I would like to extend condolences to MP Weeks and his family on the loss of his brother, Sensei Tyrone Christopher Weeks. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Campbell. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Lister, you have your three minutes.
Mr. Dennis Lister IIIThank you, Mr. Speaker. I will not take that long. I would also like to associate myself with the condolences sent from Minister Scott on behalf of MP Tyrrell, to the family of Ms. Christian B elboda. I would just like add a few comments. She was a friend of …
Thank you, Mr. Speaker. I will not take that long. I would also like to associate myself with the condolences sent from Minister Scott on behalf of MP Tyrrell, to the family of Ms. Christian B elboda. I would just like add a few comments. She was a friend of mine I had known going back for over 10 y ears, also a colleague of mine. And I was very sad when I found out. And because she was a young person, Mr. Speaker, I believe she was only 29 years old. So I was very sad when I found out about her passing, Mr. Speaker. It really shook me. And also her m other, who is also a colleague of mine, I can only feel what the family is going through. So I would just like to assoc iate my comments to the condolences sent to the fam ily of Ms. Christian Belboda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Would any other Member wish to make a contribution at this time? Ms. Lovitta F. Foggo: Yes, Mr. Speaker.
The SpeakerThe SpeakerMP Foggo, you have your three minutes.
Ms. Lovit ta F. FoggoYes, Mr. Speaker. Bermuda House of Assembly Firstly, I would be associated with the condolences for MP Weeks, most heartfelt indeed. I would like to express condolences to the community of St. David’s for the loss of Mr. Julio who was very kind, calm -spirited gentlem an who married a …
Yes, Mr. Speaker.
Bermuda House of Assembly Firstly, I would be associated with the condolences for MP Weeks, most heartfelt indeed. I would like to express condolences to the community of St. David’s for the loss of Mr. Julio who was very kind, calm -spirited gentlem an who married a St. David’s Islander and became a part of that community, lived there for many, many decades. He r ecently and suddenly, I think due to a major heart attack, lost his life. And he is going to be sorely missed by his family and his friends. Please, condolences to the family, to Mrs. Julio . Secondly , St. George’s has lost a very young member, Mr. Ross Dowling. Mr. Ross Dowling’s roots come from my neighbourhood, Old Maid’s Lane. His father grew up on Old Maid’s Lane. Ross grew up in the comm unity of St. George’s, mostly out of the Wellington —
An Hon. Member An Hon. MemberPlease associate me with those condolences.
An Hon. Member An Hon. MemberAssociate me as well, please.
The SpeakerThe SpeakerAll of these Members would actually be associated with you.
Ms. Lovitta F. FoggoYes, they are. And I had every intention of doing so, Mr. Speaker. Ross, you know, what can I say? A very young man. He is the uncle to one of our Cup Match players, Macai Simmons. And he is seen as someone in his study who always supported all …
Yes, they are. And I had every intention of doing so, Mr. Speaker. Ross, you know, what can I say? A very young man. He is the uncle to one of our Cup Match players, Macai Simmons. And he is seen as someone in his study who always supported all of his family members in all of their endeavours. And all I can say about Ross, another gentle giant, if you will, very calm -natured, very personable, rather quiet, too, someone who’s passing is going to be a m ajor loss to his family. He was the only son of his family. He has two sisters, and he leaves behind his mother as well, and many other family members. And it is a great loss for St. George's, especially when we see young people who are definitely gone too soon. So, Mr. Speaker, on that note, I say good morning to the House and thank you.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution at this time? Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I would ask this Honourable House to send condolences to the family of Mike Marshall, who passed away recently, to his son and the rest of the family. Most people would know Mr. Mar-shall as an entrepreneur …
Go right ahead.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I would ask this Honourable House to send condolences to the family of Mike Marshall, who passed away recently, to his son and the rest of the family. Most people would know Mr. Mar-shall as an entrepreneur who stepped outside the box quite often and took on challenges. And he will be sadly missed by his son and his family. Also, Mr. Speaker, condolences to Judy S imons and her family with the passing of Campbell Simons, former police officer w ho served with distinction for many, many years and also a great sport sman. I recall many times, Mr. Speaker, as a youngster growing up watching the likes of Mr. Simons playing out on the cricket field.
Mr. Hubert (Kim) E. SwanAssociate me, please Honourable Member. Thank you. Hon. Michael H. Dunkley: I associate the Honour able Member Kim Swan, from constituency 2. I remember watching Campbell Simons and the players of that generation who left a big footprint on the way I started to play cricket and continue to play …
Associate me, please Honourable Member. Thank you. Hon. Michael H. Dunkley: I associate the Honour able Member Kim Swan, from constituency 2. I remember watching Campbell Simons and the players of that generation who left a big footprint on the way I started to play cricket and continue to play cricket. And I thank the former Speaker of the House, the Honourable Randolph Horton, for what I thought was a very good tribute to him last week. Finally, Mr. Speaker, heartfelt condolences to the family of Ann Santucci and especially her daughter, Donna. Ms. Santucci was 99. I had the pleasure to attend her birthday celebration a few weeks ago and listen to family and friends just talk about her life through hospitality for many years at the Waterlot Inn. Many people remember her from ther e. She lived a good and rewarding life, had many friends. And right up to the end, she still enjoyed the quality of life. And it is with great regret that I heard that she passed away a few days ago. So, condolences to her daughter and the family. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Hon. N. H. Cole Simons: Yes, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader, you have your three minutes. Hon. N. H. Cole Simons: Mr. Speaker, I would like to send condolences to the family of Marcia WoolridgeAllwood. She was the daughter of the late Jim Woolridge. She recently passed. As you all know, Ms. Woolridge always was one of the cornerstones …
Opposition Leader, you have your three minutes.
Hon. N. H. Cole Simons: Mr. Speaker, I would like to send condolences to the family of Marcia WoolridgeAllwood. She was the daughter of the late Jim Woolridge. She recently passed. As you all know, Ms. Woolridge always was one of the cornerstones of the BMA [Bermuda Mo netary Authority]. She was responsible for supervising Bermuda's bank deposit companies, trusts, investment businesses, fund administr ators, corporate services providers and the money services businesses. She also chaired the Authority's Internal Assessment and Licensing Committee, and she represented the BMA at many, many regulatory meetings. She was the consummate professional, a warm person, a warm friend. It came as a shock to me 1956 24 September 2021 Official Hansard Report
Bermuda House of Assembly that she had passed, and it made me re- assess what is important in life. Marcia is survived by her daughter, Tiffany; her mother, Mrs. Jim Woolridge; and her si ster, Annarita Marion. So I would like to pass on my condolences to the Woolridge family, and Tiffany in particular.
Hon. Michael H. Dunkley: Mr. Speaker, I would like to be associated, too, please.
The SpeakerThe SpeakerYes. The other Members will be ass ociated.
Ms. Susan E. JacksonThank you. Hon. N. H. Cole Simons: I would like to also assoc iate myself with the comments made in r egard to Campbell Simons. As you know, he was a police s uperintendent. He was in the police force for 38 years. He was a keen sportsperson. He was …
Thank you. Hon. N. H. Cole Simons: I would like to also assoc iate myself with the comments made in r egard to Campbell Simons. As you know, he was a police s uperintendent. He was in the police force for 38 years. He was a keen sportsperson. He was catcher at Somerset Cricket Club. He was a gentle giant, a man with a kind spirit and a man with a cool, meas ured mind.
Hon. Derrick V. Burgess, Sr.: Associate me with your remarks, Cole. Hon. N. H. Cole Simons: I would like to associate with the comments made in regard to Cracker Outerbridge. I knew him well. He used to do work around our family house. And I w ould like to associate myself with the comments made in regard to Tyrone Weeks, my friend Michael Weeks's brother. And [condolences to the family of] Joan D elores Pimentel. She was a constituent of mine. I worked with her for many, many years at the Bank of Bermuda. Again, a very kind person, a lively person. She enjoyed life, and I wish her husband, Fred, and her son support during these very, very difficult times. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honour able Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Simmons -Wade, you have your three minutes.
Mrs. Ianthia Simmons -WadeYes. Good morning, everyone. I would like to express my condolences to the family of the late Duane Gibbons, a young man who lived in my constituency who tragically lost his life. I would also like to associate myself with the remarks of Michael Weeks on Campbell Simons, and also …
Yes. Good morning, everyone. I would like to express my condolences to the family of the late Duane Gibbons, a young man who lived in my constituency who tragically lost his life. I would also like to associate myself with the remarks of Michael Weeks on Campbell Simons, and also Marcia Woolridge- Allwood, who was a class mate of mine at Berkeley Institute. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution? Hon. Renee Ming: Yes, Mr. Speaker.
The SpeakerThe SpeakerMinister Ming, you have your three minutes. Hon. Renee Ming: Thank y ou. Good morning. Mr. Speaker, first of all I would like to be associated with the comments for Christian Belboda and former superintendent Campbell Simons as well. I would also like to send prayers and thoughts to the …
Minister Ming, you have your three minutes. Hon. Renee Ming: Thank y ou. Good morning. Mr. Speaker, first of all I would like to be associated with the comments for Christian Belboda and former superintendent Campbell Simons as well. I would also like to send prayers and thoughts to the family of Dorothy Nisbett, long ser ving member with the Royal Bermuda Regiment. And also Hubert — well, most of us knew him as Allen—Trott, a member of the Department of Corrections. And also to the family of Frankie Pearman. Mr. Speaker, I ask to be associated with the comments for Ross Dow ling, but it would be amiss of me not to say that I grew up in Wellington before I moved into the downtown area. And we are part of that Wellington backroads group. “Rossy,” which is what we called him, his sister Rosette and his sister Ramona. I definitel y want his family to know that they are in our thoughts and prayers at this time because he will truly be a miss to his St. George’s community, St. George’s Cricket Club and just all around, period. His family knows that we are thinking about them at this time and that we are praying and holding them up. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other member wish to make a contribution? Hon. Tinee Furbert: Mr. Speaker.
The SpeakerThe SpeakerYes. Minister Furbert, go right ahead. Hon. Tinee Furbert: Thank you, Mr. Speaker. I would like to send condolences to the Outerbridge family. (Apologies if someone has already mentioned.) But Arthur [“Cracker”] Randolph Outerbridge, as well as Mildred Alberta Outerbridge, were actually brother and sister who— [Inaudible interjection] Hon. Tinee …
Yes. Minister Furbert, go right ahead. Hon. Tinee Furbert: Thank you, Mr. Speaker. I would like to send condolences to the Outerbridge family. (Apologies if someone has already mentioned.) But Arthur [“Cracker”] Randolph Outerbridge, as well as Mildred Alberta Outerbridge, were actually brother and sister who—
[Inaudible interjection]
Hon. Tinee Furbert: They have lost their lives four days apart. I want to send my condolences, particularly to Claudine Crockwell, one of my constituents, who is the sister of both Arthur and Mildred, and to St ephen and Sonya Outerbridge, whose mother was Mi ldred. So I want to send condolences out to the entire
Bermuda House of Assembly family, who have been affected by the passing of Mr. Arthur Outerbridge and Ms. Mildred Outerbridge. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution?
The SpeakerThe SpeakerHonourable Member Swan. I did not catch your voice at first. You must be way down East End. Honourable Member Swan, you have your three minutes.
Mr. Hubert (Kim) E. SwanYes, Mr. Speaker. It is indeed a very sad time for many families grieving. I would like to send condolences to all grieving, bereaved families out there this morning. Mr. Speaker, you pick up the newspaper and you see many families are hurting from losses, especially those affected by the …
Yes, Mr. Speaker. It is indeed a very sad time for many families grieving. I would like to send condolences to all grieving, bereaved families out there this morning. Mr. Speaker, you pick up the newspaper and you see many families are hurting from losses, especially those affected by the pandemic. Mr. Speaker, on a personal note, Ross Dowling was someone who was a St. Georgian’s St . Georgian. He was a St. Georgian boy through and through. St. George’s Boys Forever. And to my colleagues who, we get together in our weekly chats to talk about everything pertaining to American football and everything else that might be on the order of t he day emanating from that, I express condolences on their behalf. The family of Campbell Simons, an iconic cricketer and footballer, and a policeman who served with my father, who grew up in the same community as my father, Mr. Speaker. I am sure you would know better than me how sad people are from that comm unity by his passing. Mr. Speaker, Arthur “Cracker” Outerbridge and Mildred Outerbridge, their family are like—Denton Outerbridge was like a brother to me growing up in golf. And Cracker Outerbridge, I knew him as a great golfer. The Honourable Member talked about his cricket, but I knew him as a really outstanding Bailey’s Bay golfer, of which there were many who came out of that community, Mr. Speaker. And I just am saddened by that double- whammy pa ssing that this family has to endure at this time. And my prayers are with them from my family to theirs, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution? Hon. Wayne L. Furbert: Yes, Mr. Speaker .
The SpeakerThe SpeakerMinister Furbert, you have your three minutes. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I would like to be associated with the remarks in regard to Mr. Campbell Simons; my cousin, Maxwell Furbert; also my cousin, Mary Roseanna Furbert. And of course my classmate, Marcia Woolridge- Allwood. She and …
Minister Furbert, you have your three minutes. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I would like to be associated with the remarks in regard to Mr. Campbell Simons; my cousin, Maxwell Furbert; also my cousin, Mary Roseanna Furbert. And of course my classmate, Marcia Woolridge- Allwood. She and I attended Francis Patton t ogether. As a matter of fact, we used to compete against each other in math. It was myself, Marcia Woolridge- Allwood, and the current Permanent Secr etary of Education, Valerie Robinson- James. She was a fine lady. I know she worked hard here at the BMA. I would like to send condolences to her family. She was also my neighbour and my constituent here in Hami lton Parish. And we will miss her for her service, too. Thank you.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time? No other Member? Any other Member? Now, before we move on— Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. E. David Burt: Good morning, Mr. Speaker. My sincere apologies, Mr. Speaker. I would like to be associated with the condolences that have been extended to the family and friends of Sensai Weeks, certainly to our honourable colleague, MP Michael Weeks, and certainly to Ms. Belinda Cyr us, …
Yes. Hon. E. David Burt: Good morning, Mr. Speaker. My sincere apologies, Mr. Speaker. I would like to be associated with the condolences that have been extended to the family and friends of Sensai Weeks, certainly to our honourable colleague, MP Michael Weeks, and certainly to Ms. Belinda Cyr us, who as we all know is a long- serving manager for the Progressive Labour Party. And certainly thoughts and prayers for his wife, Wendy Weeks; his children, Shane and Christopher; and the extended family during this time of mourning. I just wanted to mak e sure, Mr. Speaker, that I could be associated with those remarks. Mr. Speaker, I also want [to express] a congratulatory matter. I certainly want —
[Inaudible interjections]
Hon. E. David Burt: On a congratulatory matter, Mr. Speaker, I would certainl y like to be associated with the congratulations to our Under -20 Women’s National Football Team. Certainly their progress on the field is something to be applauded. They topped Group A with a perfect record. And to Coach Robinson and the entire team, I look forward to supporting them in the next round.
The SpeakerThe SpeakerThank you. 1958 24 September 2021 Official Hansard Report Bermuda House of Assembly Are there any further Members wish to make a contribution at this time? No further Members. Before we move on, I would just like to add my voice to some of the condolences for today . First …
Thank you. 1958 24 September 2021 Official Hansard Report
Bermuda House of Assembly Are there any further Members wish to make a contribution at this time? No further Members. Before we move on, I would just like to add my voice to some of the condolences for today . First let me start with those who have touched close to us here. And I say that [because] our own Sergeant A llen, here in the House, lost his father this week. And I would like to express condolences to his family for the loss of his father, Mr. Eugene W ilkerson. Many would know he used to operate the Rocket Cycles and was well known for the work he did on working on the bikes and keeping them well -tuned and in shape. So, condolences from us to the family , and particularly Sergeant Allen here in the Legis lature. I would like to also be associated with the comments that have been expressed to the family on behalf of the loss of Campbell Simons. Much has already been said, but as a Somerset boy, it is only fi tting that I add my voice to that as well in that he was an outstanding player for the Somerset team, Cup Match Captain, and he held, I think, the record at one point for the longest opening bat stand—I cannot r emember the number. But he and Kenny Cann were two who put on that partnership at that time. B ut I have always known Mr. Campbell. I have had polic emen close to me and my family. So I must associate Mr. Campbell through their contact. He was just al-ways a nice all -around guy, outstanding in his work and his profession, outstanding in his sport, and just a nice, nice fellow. So my condolences go out to the family, his wife Judy and sympathies over to them at this time. Touching closer to home, I just want to acknowledge family members who have passed r ecently. You know, back in the day, everybody wa s aunts and uncles. I have lost two such persons in r ecent times. “Sis” Simmons, and I have to say Aunt Sis because that is what I have always known her as. She was a cousin and it was Aunt Sis to me. And so my condolences go out to Uncle Ephy (Ephraim), t o Kent and Beth and their families. And they know that our thoughts and prayers are with them at this time. And to Uncle Jack, Jack Fraser, Jack Harcourt Fraser, one of the last of the Dockyard apprentices. And we all know the contribution that the Doc kyard apprentices made to this Island. Uncle Jack was one of those young men back many, many years ago who had the opportunity to go off and be an apprentice. He passed this week, and we would like to express our condolences to his wife, Oriel, to Angela and Andrew, on the passing of their husband and f ather. With those few remarks we will move on. Thank you, Members.
MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none listed for this morning. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerWe have two Members who would like to use this opportunity to express remarks. I am going to call on MP Tyrrell first. MP Tyrrell, you have the floor.
Mr. Neville S. TyrrellThank you. Mr. Speaker, I rise under Standing Order 11(4) and with your permission offer a personal explanation. May I proceed?
The SpeakerThe SpeakerYes. Continue. MOTION TO ADJOURN 23 JULY 2021— APOLOGY
Mr. Neville S. TyrrellMr. Speaker, during our sitting of the 23rd of July, on motion to adjourn, I made var ious comments that were in response to comments made by the Opposition. Mr. Speaker, as I am unable to un- speak those comments, out of respect for your office and as instructed by …
Mr. Speaker, during our sitting of the 23rd of July, on motion to adjourn, I made var ious comments that were in response to comments made by the Opposition. Mr. Speaker, as I am unable to un- speak those comments, out of respect for your office and as instructed by you, I apologise to the Chair for any breach that may have occurred. And I ask that those comments made by me during motion to adjourn on the 23 rd of July be retracted. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. And your remarks are deeply appreciated. And I trust that all Members appreciate the personal explanation was done sincerely. MP Famous.
The SpeakerThe SpeakerYes, sir. MOTION TO ADJOURN 23 JULY 2021— APOLOGY
Mr. Christopher FamousGood morning, Mr. Speaker. Mr. Speaker, out of an over -abundance of respect for you and your office, I rise under Standing Order 11(4) to offer a personal explanation on my r emarks made on the motion to adjourn on the 23rd of July of this year. For the record, …
Good morning, Mr. Speaker. Mr. Speaker, out of an over -abundance of respect for you and your office, I rise under Standing Order 11(4) to offer a personal explanation on my r emarks made on the motion to adjourn on the 23rd of July of this year. For the record, Mr. Speaker, again out of abundance of respect for you a nd your office, I retract my statements on that day. My apologies to the Chair for any breaches that may have inadvertently occurred. Thank you, Mr. Speaker.
Bermuda House of Assembly The Speaker: Again, thank you, MP [Famous], for your personal explanation. Members, again I trus t that you appreciate the sincerity with which the Members have offered their explanations. And we look to move forward to the next item on the Order Paper.
NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerThere are no Bills to be introduced. So, being that there are no Bills to be intr oduced at this time, I am going to seek the indulgence of the House to allow us to go back to t he Papers and Communic ations this morning. At the time the …
There are no Bills to be introduced. So, being that there are no Bills to be intr oduced at this time, I am going to seek the indulgence of the House to allow us to go back to t he Papers and Communic ations this morning. At the time the Minister of Finance was not available to introduce that partic ular item listed under his name. He is now available, and we will call on the Minister to introduce that matter at this time. Thank you for your indulgence, Members.
PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE [Recommitted]
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Financial Intelligence Agency Audited Financial Statements for the Years Ended March 31, 2018 ; March 31, 2019; and March 31, 2020. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Members, that now brings us to the Orders of the Day. As I am checking the participants who are present on the chat here, Members who are present today, I note that MP Cannonier just entered the Chamber. MP Cannonier, you have to be called on if you …
Thank you. Members, that now brings us to the Orders of the Day. As I am checking the participants who are present on the chat here, Members who are present today, I note that MP Cannonier just entered the Chamber. MP Cannonier, you have to be called on if you would like to remain in these Chambers today. You have the floor to do what is required of you to do, considering that at your last attendance in this Chamber, you were asked to remove yourself.
The SpeakerThe SpeakerYes. PERSONAL EXPLANATIONS [Recommitted] MOTION TO ADJOURN 23 JULY 2021— APOLOGY
Mr. L. Craig CannonierI do appreciate the sent iments of the last two Members in their personal explanations, and I also would like to offer my apologies to the Deputy Speaker. It was unfortunate that it took place the way that it did, of his not understanding or knowing the details —
The SpeakerThe SpeakerNo, no, just apologise to the Chair. You do not have to make that type of remark towards the Deputy. Just apologise.
Mr. L. Craig CannonierYes. Well, I hope that there will be opportunity for me, Mr. Speaker, to continue to flesh this out as I give my apologies; because it is still concerning to me that I was removed from the House. But I do apologise.
The SpeakerThe SpeakerAnd this is not just for you, MP Cannonier; it is for all Members: Whether you agree or disagree with a ruling of whoever is in the Chair, whether it is the Speaker, the Deputy or a Chairman at any time, that person con-trols the House. That person has the …
And this is not just for you, MP Cannonier; it is for all Members: Whether you agree or disagree with a ruling of whoever is in the Chair, whether it is the Speaker, the Deputy or a Chairman at any time, that person con-trols the House. That person has the final say. That person is the one whom every Member needs to r espect when they are sitting in the Chair, and abide by the request of whoever is sitting in the Chair at that time. I thank you for your apology.
ORDERS OF THE DAY
The SpeakerThe SpeakerWe now move on to Orders of the Day. Members, the first order that is going to be dealt with today is the second reading of the Health Insurance Amendment Act 2021, in the name of the Minister of Health. Minister, would you like to present your matter at this …
We now move on to Orders of the Day. Members, the first order that is going to be dealt with today is the second reading of the Health Insurance Amendment Act 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, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Health Insurance Amendment Act 2021 be now read for the second time.
The SpeakerThe SpeakerAre there any objections to that? There are none. Continue, Minister. 1960 24 September 2021 Official Hansard Report Bermuda House of Assembly Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, as you are aware, I tabled the Health Insurance Amendment Act 2021, which intr oduces amendments to the …
Are there any objections to that? There are none. Continue, Minister.
1960 24 September 2021 Official Hansard Report
Bermuda House of Assembly Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, as you are aware, I tabled the Health Insurance Amendment Act 2021, which intr oduces amendments to the standard premium rate and enhanced benefit under the Health Insurance Plan and FutureCare, and a maternal benefit for our —
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, may I just ask the Minister to pause? It is very difficult to hear.
The SpeakerThe SpeakerJust pause one second. The MP has a question. Deputy. Hon. Derrick V. Burgess, Sr.: Minister, it is very diff icult to hear you. I do not know if you can turn up [the volume]. I have my tablet turned up as high as I can go, but I am …
The SpeakerThe SpeakerMinister, the Deputy is indicating that he has a problem hearing your audio. If you can get closer to your microphone or just turn up the audio a bit. Hon. Kim N. Wilson: Testing. Is that better?
The SpeakerThe SpeakerDeputy, is that better for you? Hon. Kim N. Wilson: Is that better, Deputy? Hon. Derrick V. Burgess, Sr.: It is a little bette r. I am still struggling, but — [Inaudible interjection s] Hon. Kim N. Wilson: Okay. This is as high as it will go. Is this better, …
Deputy, is that better for you? Hon. Kim N. Wilson: Is that better, Deputy? Hon. Derrick V. Burgess, Sr.: It is a little bette r. I am still struggling, but — [Inaudible interjection s]
Hon. Kim N. Wilson: Okay. This is as high as it will go. Is this better, Deputy?
Hon. Derrick V. Burgess, Sr.: Okay, yes. That is a little better. Thank you. Thank you very much.
The SpeakerThe SpeakerJust a reminder, when we get to Committee, the Deputy will need to be able to clearly understand what is going on. Hon. Kim N. Wilson: Certainly.
The SpeakerThe SpeakerOkay. Proceed. Proceed, Minister. BILL SECOND READING HEALTH INSURANCE AMENDMENT ACT 2021 Hon. Kim N. Wilson: Mr. Speaker, as you are aware, I tabled the Health Insurance Amendment Act 2021, which introduces amendments to the Standard Prem i-um Rate and enhanced benefits under the Health I nsurance Plan (or HIP), …
Okay. Proceed. Proceed, Minister.
BILL
SECOND READING
HEALTH INSURANCE AMENDMENT ACT 2021
Hon. Kim N. Wilson: Mr. Speaker, as you are aware, I tabled the Health Insurance Amendment Act 2021, which introduces amendments to the Standard Prem i-um Rate and enhanced benefits under the Health I nsurance Plan (or HIP), and FutureCare, and a mat ernal benefit for our vulnerable women. The Health Insurance Act 1970 (hereinafter, Mr. Speaker, I will refer to that as “the Act”) contains the foundation of our current National Health Insurance System, and in conjunction with the associated regulations , the minimal mandated health insurance package is prescribed. The mandated package consists mainly of the Standard Health Benefit (and I will call that the SHB) and the Mutual Reinsurance Fund (and hereinafter, I will refer to that, Mr. Speaker, as the MR F). Both components form the fundamental base of an insurance package that all employers must provide and all insurers must include in any policy. The premium for the mandated package is called the Standard Premium Rate. It is comprised of the Standard Health Benefit (or SHB) component and the Mutual Reinsurance Fund component. Mr. Speaker, the SHB component covers select diagnostic imaging at a hospital, such as a mammogram; select med-ical home care benefits, such as IV infusions; and s elect services that support home care. Mr. Speaker, the MRF is a prescribed amount which each insurer pays into a pooled fund. It covers most local hospital -based care, such as inpatient and outpatient services; all insured persons’ kidney care, which includes transplant anti -rejection drugs, and transplant coordination and education; in addition, the MRF may provide funding for programmes that support health for those vulnerable individuals who are underinsured or uninsured. Mr. Speaker, the SHB and MRF (collectively, the SPR) are generally reviewed and calculated on the fol lowing: • prior claims experience; • the insured population’s headcount; • anticipated utilisation and fee increases; and • any changes in benefit s. Mr. Speaker, it would be remiss of me not to further explain how critical the role of the SPR is to the sustainability of our health system. In July 2019, the Bermuda Hospitals Board’s fee- for-service model was abolished and remodelled to a fixed- budget model. The new model would provide for $322 million to be trans ferred to the BHB by way of a government grant and subsidy, plus a transfer from the MRF portion of the SPR. Additionally, other elements critical to the health system, such as the Bermuda Health Council, full treatment for patients with kidney diseases, t he personal home care programme, the chronic disease innovation fund and the enhanced care programme are funded by way of the MRF portion of the SPR. Furthermore, Mr. Speaker, funds are allocated within the SPR to subsidise HIP and FutureCare, and to support the Health Insurance Department’s admini strative functions. Mr. Speaker, all of the aforementioned components of the health system supported by the SPR
Bermuda House of Assembly are of critical significance to the people of Bermuda. However, it is no secret that BHB, a main pil lar of the community, has been impacted in a major way by the events in the last 21 months. The pandemic has brought substantial pressure to bear on BHB, creat ing unanticipated expenses such as for personal protective equipment and infection control costs, whilst rea lising a revenue reduction due to the reduction to the insured headcount and the recent decrease in visitors to the Island. It must be noted, Mr. Speaker, BHB has endeavoured to take robust cost -saving measures to mitigate the downward pressures of the health sy stem, inclusive of increasing utilisation in the current pandemic. They have delivered $30 million in savings over the past two years, whilst maintaining access to health care, without compromising quality of care. D espite improved financ ial performance, BHB’s cash position continued to be pressured and was reduced to $45 million at the end of 2019/20. Bermuda, Mr. Speaker, like the rest of the world, finds itself in an unprecedented position in the fight against COVID -19. BHB, as a healt h care pr ovider of first and last resort, has played a key role in this battle and will continue with any subsequent ou tbreak. Unfortunately and despite the success it has delivered of savings in each of the last three fiscal years, BHB’s financial positio n is not secure. Its cash at hand, often referred to as a “reserve, ” has proved to be vital in securing supplies for the entire country in this time of national emergency. Mr. Speaker, the increase in the SPR does not fully provide BHB with sufficient funding to sustain their operation. A rigorous review of all options avail able to support BHB was undertaken to ensure the SPR, and ultimately the insurer, would not endure the entire funding requirement on its shoulders. A portion of the BHB funding needs wi ll be subsidised by the collection of the travel authorisation fees. Government will allocate $11.1 million of travel authorisation fees to BHB. This allocation removes approximately $23 per month of the cost of the SPR. This equates to savings of $276 per year for the insured. Mr. Speaker, though the COVID -19 pandemic has revealed the many strengths of the health system, it has also derailed the SPR. Bermuda, like the rest of the world, saw and continues to see this 100- year pandemic cause unspeakable dam age to the comm unity in various forms. The increase of the unemployed and ultimately an increase in the uninsured has devastated many countries, Bermuda included. Mr. Speaker, the SPR is an employment - based health insurance scheme. Therefore, the fewer there are who are employed, the less SPR collects and the less funding there is to support the health sy stem, which includes the organisations, programmes and insurance funds that I mentioned previously. The SPR was calculated on a reported 49,027 insured adults over the past two years. The reduced hea d-count of 46,300 is the estimate used for calculation purposes as of December 2020. But as recently as May 2021, it is reported to be 46,181. Mr. Speaker, in addition to unemployment and emigration, there are c ompanies and persons unable to afford higher -priced insurance products, and ther efore both HIP and FutureCare have experienced i ncreases in policy purchases, which creates an i ncrease in utilisation. This transfer to alternative pol icies has no impact on t he headcount, but is an indic ator that the pandemic has forced entities and individ uals to economise. FutureCare continues to see the pressures of an ageing population, which will impact utilisation and cost. Mr. Speaker, the MRF component of the SPR and annual government capital injections provide a subsidised amount to HIP and FutureCare client pr emiums to continue to ensure that the premiums can remain well below the market rate. A full 28 per cent of the HIP premiums and 47 per cent of the F utureCare premiums are all subsidised. In real terms, the HIP premium is currently $429.24. However, $166.07 per client per month is subsidised, and the FutureCare premium is currently $500.14, and [of that] $435.17 per client per month is subsidised. Without these subsidies, Mr. Speaker, the real cost of the premium for HIP would be $595.31, and the real cost of the premium for FutureCare would be $935.31. Additionally, the downscaling and migration of businesses and residents to HIP and FutureCare increases utilisation, administration, and ultimately costs to HIP, FutureCare and the SP R. It has been six years (namely 2015) since HIP and FutureCare have endured an increase to the premiums during a period other expenses have increased. Mr. Speaker, whilst utilisation increases, the needs of the population also increase. Therefore the benefits needed are regularly reviewed and assessed. Mr. Speaker, evidence supports pharmaceutical interventions as an important part of prevention of disease progression, which is a direct link to cost savings. Both FutureCare and HIP clients will receive i ncreased and new pharmaceutical benefits, respectiv ely. The FutureCare annual amount of $2,000 per person per year for pr escription drug caps will increase, and HIP will receive a newly allocated prescription drug benefit per annum. The new and enhanced benefit to HIP is ideal for those entities struggling due to the pandemic and ultimately transferring their insurance policy to HIP. They now can be assured of ha ving a prescri ption benef it for their employees. I also wish to remind members of the public that part of the 2017 PLP election platform indicated that we as a Government would increase the prescri ption drug benefits for seniors on FutureCare. Both HIP and FutureCare prescription drug benefits are 100 per cent covered for the annual amount a nd unlike var ious other policies that cover a portion or percentage of the prescription. Just as importantly, Mr. Speaker, we all 1962 24 September 2021 Official Hansard Report
Bermuda House of Assembly know the uninsured and underinsured mothers -to-be are underserv ed during a critical part of life development. I cannot [overstate] the need for every child to be given the best possible start to achieve a fruitful life. And the inability of mothers -to-be to having access to basic maternity care and maternal health education severely reduces an unborn child’s chances of ultimately becoming a productive citizen and enjo ying some of life’s rewards. Approximately 100 out of 500 babies are born each year to women [who] have no insurance. Lack of health insurance is a barri er to accessing the necessary care especially when pregnant. For too many of these women, the first time they meet with an OB/GYN is in the hospital when they are ready to de-liver. Low birthweight, mental health events and deaths are higher in mothers and children who do not get the standards of care for prenatal and postnatal care from these doctors and their teams. Every dollar spent on perinatal care saves $1.60 to $5.19 in hospitalisation costs for mothers and babies. This is a return of at least 160 per cent for each dollar invested in our families. Research shows that a lack of prenatal care is associated with a 40 per cent increase in the risk of neonatal deaths overall and a doubling of the risk among women delivering at or after 36 weeks gestation. Additional studies est imate that the cost of lifetime custodial care of lo w birthweight babies is as much as $1 million per child in 2021 dollars. These neonatal risks have been rising in Bermuda recently. To ensure all children have an equal and health y start to life, all uninsured and underinsured women must have access to health care and education at this critical point in their lives and the lives of their unborn and newborn children. Mr. Speaker, I reiterate that Bermuda’s current market realities are real and present. If we do nothing, we could see a collapsed health system in the near future. All of the aforementioned indicators which are impacted by the pandemic, such as the r educed insured headcount, the migration of struggling companies and individuals to the HIP and FutureCare programmes, the increase in utilisation, the benefit needs of HIP and FutureCare clients, and the underinsured and uninsured women requiring maternity benefits cause the Ministry to propose amendments to the premiums of S PR, HIP and FutureCare. Mr. Speaker, the proposed benefits are in line with Public Health’s core values such as enhanced equitable access to critical services and care. Mr. Speaker, as I stated during tabling, the amendments are as follows: There will be a $45 increase in the standard premium rate, which represents a 13.6 per cent increase. This will account for a new reduced insured headcount to ensure the BHB revenue targets are met. It will support continued treatment for kidney disease patients and the trends of an increase in dia lysis patients of 10 [per cent] to 15 per cent per year. And, Mr. Speaker, it will provide some new maternity care benefits for uninsured and underinsured women, which will secure more equitable access regardless of income, ins urance or social status. There will be a $30 increase in the HIP prem ium, representing a 6.9 per cent increase. This will be accompanied by the introduction of a new prescription drug benefit, covering 100 per cent of costs up to $1,000 in a policy year. There will be a $30 increase in the FutureCare premium, representing a 6 per cent increase. This will be accompanied by an increase in the existing prescription drug fund benefit of $1,000, taking it from $2,000 per year to $3,000 per year. Mr. Speaker, s ince January 2020 the health system has been tested by the pandemic, and its strengths and abilities have gleamed steadily throughout the last 21 months. However, as we are not an exception to the rest of the world, the changes have also exposed areas requiring improvement. There has never been a greater need for health care. But because of this, there has also never been a greater pressure on our health care system than now. The Government’s commitment to accessible, affor dable high- quality health care as a basic human right has not wa vered. And the pandemic ensures the Government’s continued emphasis on this exact ph ilosophy. Mr. Speaker, it must be acknowledged that we are in a period of transition brought on by an unantic ipated and unexpected cost of the pandemic. Mr. Speaker, integrated health care and universal health coverage remain priorities for the Government, and the changes introduced today now support the direction of travel for strengthening our health system. This work is ongoing. And as menti oned in this Chamber before, we anticipate that before the end of the year we will be setting out the steps we have agreed with stakeholders from across the system to pick up the baton to re- ignite this journey afresh. Again, Mr. Speaker, the pandemic has highlighted our strengths, but it has also exposed segments in the health system which we can use as o pportunities to build on with our partners. Mr. Speaker, we must all commit to working collaboratively as one in a positive light to develop a health sys tem that we can all be proud of so that no one person or entity is left behind. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time? Hon. Michael H. Dunkley: Yes. Good morning, Mr. Speaker.
The SpeakerThe SpeakerYes. MP Dunkley, you have the floor. Bermuda House of Assembly Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I thank the Honourable Minister for her overview of this legislation that we debate today, the Health Insurance Amendment Act 2021. We in the One B ermuda Alliance, we look forward …
Yes. MP Dunkley, you have the floor.
Bermuda House of Assembly Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I thank the Honourable Minister for her overview of this legislation that we debate today, the Health Insurance Amendment Act 2021. We in the One B ermuda Alliance, we look forward for some progress from the Government in regard to changes in health care as the PLP has promised for a number of years now. And we look forward to hearing updates on that. We look forward to learning of the consultation that is taking place, and we look forward to understanding the progress that is going to take place. But before we even get there, Mr. Speaker — and that progress has taken some time. There have been a lot of promise and little action. Seems to be sidelined f or various reasons, and I can understand through COVID -19 there will be some challenges in dealing with issues that were previously on your plate because COVID -19 has taken a lot of attention of the Ministry of Health. And I want to thank the Ministry and the Minister and everyone involved in health care for their assiduous attention to the challenges we have faced over the past 18, 19 months. But as we debate this legislation here today, Mr. Speaker, I have to say that the One Bermuda All iance is very concerned about this amendment here today. And I will outline a number of reasons why. First, Mr. Speaker, clearly what is happening here today is we are seeing an increase in taxation on the working men and women of this country with pr emiums going up by 13.6 per cent. That is significant. And that is an increase in taxation. In addition, we see an increase for those who can least afford it, those who are paying into HIP and FutureCare. There is an increase of about 6 per cent on their premiums. So everyone is going to feel the brunt of this increase, not only to keep our health care system afloat —to plug the holes in the dam, I guess, Mr. Speaker, would be another way to say it. But as soon as you plug one hole, it seems that other holes open up in the healt h care system and we have to plug those. But not only to plug those holes, but —as the Government has seen in their deliberations —to i ncrease some benefits along the way, which are laudable in themselves, Mr. Speaker. But in the time that we face in the mi ddle of a pandemic when the eco nomy is struggling, and when the economy was struggling before COVID -19, we are increasing taxation on people. And many people are struggling as it is, Mr. Speaker. And that is one thing that we need to consider when you look at this Bill. Everyone needs health insurance. Everyone requires health insurance. We are thankful that we have the ability when we get ill, when we get sick, we turn our attention to the health care professionals in our community and have them help us d eal with our challenges. Now, Mr. Speaker, against the backdrop of that, as we consider increasing premiums on people, I have a real issue, and my colleagues support me in this regard. It is that as a businessman when I put that hat on, anytime we look at costs and revenues, you want to take a look at the most accurate pictures you have. You want to take a look at the most recent un-derstanding of your finances so you can make up- todate decisions on what is going on. But, Mr. Speaker, that is not the case here today. We are unable to do that here today with the Health Insurance Amendment Act 2021 because r eports that we would naturally look at, such as Berm uda Health Council reports, are tardy. The latest ones are not available. So you cannot look at figur es that are very recent whatsoever. And just as important, but more important as the Minister mentioned in a brief overview of what is taking place at the hospital, the annual reports for the BHB are not available up to date, Mr. Speaker. This is simply u nacceptable. I said it already and I will say it again. We understand the challenges that everyone is going through. But in any discussion in the world, in any boardroom in the world, Mr. Speaker, when you come in to discuss a financial situation, especial ly if you are going to increase fees or premiums, those sitting around the table are going to demand accurate information, not based on reports that are a couple of years old. They are going to demand accurate infor-mation. And it is more critical in this case because we are talking about health care, insurance premiums that have risen at an alarming rate over the past couple of years, and we see that continue. So here we are today. We are asked to sit down and deliberate, and we do not have accurate information. But we do hear dribs and drabs, Mr. Speaker, just like we learned during the Budget D ebate. And we hear it again today that the cash r eserves at the hospital at the end of the financial year 2019/20 (and that financial year is the end of March) were down to $45 million. Well, the questioning at that time was, What was the current position of the cash at hand at the hospital? And now I would have to b elieve, Mr. Speaker, that since the financial year 2020/21 has ended, and it would not be probably . . . it is not prudent to ask for accounts for them because they probably have not been audited yet. But surely the cash position is available. And I think it would be important for us to know today, as we are asked today to look at this Bill and to give o ur approval for it and to comment on it, what the current cash position at the end of the year 2021 was at the hospital? Because the Minister went on, in talking about the cash position at the hospital, to say that the hospital will not be fully supported with sufficient funding by these increasing premiums. [The Minister] went on to say that the travel authorisation fee, partial of that will go to the BHB. And I believe (if I heard the Minister correctly) it was an extra $11 mi llion, Mr. Speaker. 1964 24 September 2021 Official Hansard Report
Bermuda House of Assembly This is a startling announcement in my view because it is again an increase in taxation, albeit on travellers, Mr. Speaker. But now we are taking money from a travel authorisation [TA] that was set up, as the Government has said previously, to cover the cost of the significant testing we are doing on the Island. And now we are passing some of that [money from the] fee on to the Bermuda Hospitals Board, Mr. Speaker. So I am assuming now that the TA is never going to disappear, because if it was to disappear, we woul d have to find funding for the hospital. Because they are short now, so we are dipping into another kitty to take funding for the hospital. This is the very serious situation we face, especially when we as Members of the Opposition, and maybe the Government backbenchers are comfort able with the position and not asking questions. And I look forward to hearing what they say later in this debate. But we in the Opposition are very uncomfortable approving this legislation here today without knowing the full fac ts. Now, we also know that everyone has the right to good health insurance; we accept that. But when we come to this Honourable Chamber, the people’s house, we would expect to get information that is more accurate than we are facing today. Because when yo u look at the numbers, they are scary. They are certainly very scary. And with the lack of progress that is taking place, and when the Minister talks about increased utilisation driving up costs, when benefits have been assessed and we are passing on prem iums to cover future benefits, when we are covering the uninsured and when there are fewer payees in the system, that is why we are in this position. But let us not forget also, Mr. Speaker, and I think COVID -19 has highlighted this in some extent as well, we are generally an unhealthy society. We have a high percentage of obesity in our community. We have an extremely high percentage of diabetes in our community. And we are living longer, so we have more seniors in our community who are looking for more ec onomically feasible ways to cover their insurance as they retire and move on from premiums that are paid jointly from themselves and from employers. So we face a dark tunnel, Mr. Speaker. Today when we are going to try to get through to see some light at the end of the tunnel, we are going to increase the premiums significantly on people without information to even understand exactly where we stand on that. I thank the Minister for the [Ministerial] Stat ement that was given two weeks ago when this Health Insurance Amendment Act 2021 was tabled and which provided an overview. In that Statement the Minister did highlight the significant decrease in those paying into the insurance pot, from 49,000 people to about just over 46,000 people. The Minister did say it was because of unemployment and emigration. Those are two very real and concerning facts. The unem-ployment portion of it, I am sure, has been ramped up over the past six months or so from those most recent figures because the economy is still struggling. And with the fourth spike [in COVID -19 cases] that we are in at the present time, Mr. Speaker, I am sure there are more people who are facing unemployment than at the same time last year. The emigration question is one that we need to drill down on, Mr. Speaker. Quite simply, if people are leaving the Island, not only does it impact the health insurance premiums that are available to cover good insurance for all of us, but it impacts payments into the whole economic pie of Bermuda, Mr. Speaker. And that 49,000 to 46,000 is a significant drop over a short period of time. I think it would behove us to take a look at how we reverse that trend, because if that trend is not reversed it will mean that costs will conti nue to climb at an alarming [rate], and we w ill not be able to pay for those increased costs. Mr. Speaker, it has been noted in convers ations about health care that people are going away from more comprehensive health insurance such as the employer schemes that you get through your business. And some employers might even be scaling back some of the comprehensive nature of the insurance policies to allow for decreased costs. And I think it is important to comment on that fact, Mr. Speaker, simply because while in the short term it might mean less is taken out of a paycheque or paid by the employer for health insurance, in the longer term it means that there are fewer benefits available. And it means that as we as a society live our lives and have health issues that arise, fewer of those are going to b e covered by insurance and it will have to come out of our pocket or be paid for in another way. And that is concerning. So we need to be in a position where we stop putting our finger in the dam of health insurance and have some comprehensive changes to allow us to improve that position, because it is not a pretty picture where we stand today. Mr. Speaker, another concern that has not been factored in as we have talked about utilisation of resources, and the Minister did mention that in the Statement and that has been a common theme of di scussion as we talk about health care, is the fact that we have seen insurance companies now starting to control providers, health care providers. And that is a real concern for the simple fact that it could lead to more utilisation of health care. It could lead to costs being controlled and raised in ways that are unacceptable, Mr. Speaker. And that is something that we in the One Bermuda Alliance have talked about for some time. So, Mr. Speaker, I would like to hear what the Honourable Minister has to — [No audio]
Bermuda House of Assembly The Speaker: MP Dunkley, we have lost your audio.
Hon. Michael H. Dunkley: —when we had the opportunity to—
The SpeakerThe SpeakerOkay. Hon. Michael H. Dunkley: Mr. Speaker, when we had the opportunity to question t he Honourable Minister for her Statement in the House two weeks ago one of the questions that was raised by myself and col-leagues was for a better understanding of what the actuaries might have suggested …
Okay.
Hon. Michael H. Dunkley: Mr. Speaker, when we had the opportunity to question t he Honourable Minister for her Statement in the House two weeks ago one of the questions that was raised by myself and col-leagues was for a better understanding of what the actuaries might have suggested as far as health care costs are concerned. Some year s ago I did sit on the committee that did have some input into that. And I was always fascinated by the work of the actuaries, and I was always very interested in the feedback that they gave. And quite clearly, I think as we deliberate t oday with a lack of financial information, it would be helpful to understand from the Minister herself what the actuaries actually believe the very scenarios are. Because obviously, I am well aware that the actuaries can give reports and they can give a number of different suggestions and there are a number of different paths that the Government can take. But the Gover nment makes the decisions. So in the overview that the Minister gave t oday in the Statement as we start the debate on this Bill, and in the Statement to the H ouse of Assembly, there was very little feedback about what the actuaries actually reported. Now, those reports are specific looks at the numbers. And they would tell us in real time just how dangerous and glaring our position is. We know it is the Governm ent’s ability to decide on the scope of an increase. But as we debate it, I want to take a look not only at where we are today, but I think it would behove all of us as legislators in the community to make sure that we are looking at what might be coming down the road. Because clearly we are in the midst of COVID - 19 at the present time, and I do not think anybody would debate in the House today that we are close to seeing the end of it because now we have seen a fourth spike, which is even larger than the first, se cond and third, probably even put together. While some COVID -19 costs have been i ncluded in these [proposed] changes to this Act today, I would surmise and suggest, Mr. Speaker, with all due respect, that the real cost of COVID -19 will be borne in the coming months and the coming years. Because what has happened today is we have a pandemic. We have a national emergency. We have had to find funding to deal with it. And we have done that. However, as we get further into it and we get our feet on the ground more, as we understand more about the pa ndemic and the impact on our health care, I think we are going to have to factor in even more of a load than we anticipate at the present time. So I think COVID -19 costs are going to esc alate as we continue to go forward, one because we are not near the end of the pandemic and we see what the fourth wave has done. We see this crunch on our facility that cannot be underestimated in any way. I pray every night for the health and the stability of our health care system and those professionals in it, because they are working seven days a week with no respite from the work that they face, Mr. Speaker. I know that this is going to continue. So I would like to have a better understanding of just how we expect COVID -19 to be built in in the future years. COVID -19 has impacted all of us in ways that we would never have expected and for a period of time that would have never been expected as well. So, Mr. Speaker, the Government has ample votes, even if half of them ar e not in the House of A ssembly today, to pass this legislation. We in the O pposition fully support the need for good health insurance. We fully support the need for a good health care system. But the Government has dropped the ball in making sure we are on more stable ground. And COVID -19 has not helped them in any way focusing on that, but here we are today tabling the Health I nsurance Amendment Act that typically would have come earlier in the calendar year, sometime around the budget [period] or early summer. Now we are in the fall when we are discussing it. And we are doing it with less information than we traditionally have. Mr. Speaker, I am very uncomfortable with that. I know that there are always challenges in getting numbers into play. I also know that our health insurance system is creaking and we have to do something about it. But I would like to be more co mfortable in looking at the numbers so I understand the reality there. So when we come back next year we do not see a 25 per cent increase, Mr . Speaker. Because kicking the can down the road is not going to work when our economy is in trouble, when our health care system creaks and when COVID -19 is going nowhere. So, Mr. Speaker, I have been direct on it, not to raise alarms, but to raise reali ty. And there are many opportunities for us to take in health care, Mr. Speaker. But we have to devote the attention to it. We can better regulate the medical industry in Bermuda, Mr. Speaker, to decrease utilisation in areas that are not necessary. We can focus more on prevention than treating the causes when they happen, Mr. Speaker. There is very little focus on prevention. You know, I reflect back to the sugar tax a couple of years ago where sugar products were taxed 75 per cent, and millions of dollar s have been put into government coffers. But where has that money gone, Mr. Speaker? Has it gone back into in- your-face pr evention focuses and methods to help our community become healthier, Mr. Speaker? I hardly think that is the case. So we have taxed th e system through the sugar tax. We are taxing the system more with prem iums going up. But, Mr. Speaker, we are not taking 1966 24 September 2021 Official Hansard Report
Bermuda House of Assembly advantage of the opportunities to deal with a comm unity that generally is less healthy than we should be. And I say that with all due respect because it is a fact, but also we live out here on an Island where we have a great climate where there is little excuse not to get out and about and keep yourself healthy, Mr. Speaker. So while we increase costs I would like to see from the Government a real commitment to address some of the challenges we have in health care to keep our premiums down, because our people cannot afford to continue to pay increased taxes, and that is what it is, especially with the economy in this weak position. And t hat economy is going to stay weak for some time. Government needs to take advantage of some of the opportunities we face to have meaningful input into this and how we can rectify what is taking place here today, Mr. Speaker. So with this overview, and I l ook forward to more detail in Committee, and certainly I look forward to hearing what colleagues have to say about this. I cannot state it more pointe dly, Mr. Speaker, that yes, we have a creaking system. It has to be supported. But I have great reservatio ns about supporting increases in premiums without ha ving all of the information. It is not the way I run my household. It is not the way I run my business. And I certainly look forward to some explanation and under-standing from the Minister on how we are going to get those reports up to date so they can be more effective for us. And I look for some communications from the Minister on what the actual cash balance is at the hospital now. Has it been whittled away? Or do we still have a few million dollars left to play with as a cash reserve? And to the Honourable Minister, How long do we anticipate the travel authorisation being funnelled back, or some portion of it, back in to support the hospital? For some reason, Mr. Speaker, I believe that the House is not being given all of the information that is required, and it is simply not acceptable. And if the shoe was on the other foot with the PLP, I think they would be making strong noise and strong comment just like l am here today. So, Mr. Speaker, with that, I turn my comments back over to you. Thank you, sir.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution at this time? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerI notice the Deputy Speaker. Deputy Speaker, you have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, anytime a government increases taxes there will be some pushback. I understand that, and that is entirely people’s right to do that. So I do not have a …
I notice the Deputy Speaker. Deputy Speaker, you have the floor.
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, anytime a government increases taxes there will be some pushback. I understand that, and that is entirely people’s right to do that. So I do not have a problem with t hat. But what does a government do in these times of a pandemic? Our rev enues are down considerably. And the Government is trying to fix, give more benefits to our people and help the hospital to maintain a standard that we are used to, Mr. Speaker. Mr. S peaker, the previous speaker talked about a tax increase. That is a fact. That is a fact. But one thing they are not telling the public is that the Government, this Government has given tax exem ptions to many businesses in this country. Some ma ybe do not need it because they are doing very well. But they are getting tax exemptions. I do not know of any worker who has had any tax exemptions since the pandemic. But, Mr. Speaker, let me say that I want to thank the Government for the increased benefits that they have put forward. They not only took up the pr emiums, but some benefits have increased. For example, $1,000 to prescription drugs, maternity care for the uninsured. We are taking care of them because we have to take care of those children who come in this country. But, Mr. Speaker, all of this comes with some side effects. No matter what policy you put in place, what system you have, you are never going to get all in any insurance policy that you want for a very little price. There are many premiums, policies that are available to the general public, but they cost quite a bit. I know one senior told me not so long ago that they pay $1,500 a month. Obviously, that must be a Rolls -Royce plan they have, you know. Mr. Speaker, even though we have increased our assistance on prescription drugs, for many people it still does not cover their prescriptions because not so long ago there was a gentleman, a person in line at the drug store waiting to be served. And when they went forward to get their prescription, the person said, Nine hundred dollars. And the reply from this person was, Well, I guess I’m going to have to leave them there. There are many of our seniors who are stru ggling today who cannot pay the increase, whether they increase it $30 or whether it is $10. They cannot afford it. We have some people going without pr escriptions. And then you have some getting their pr escriptions and making it last longer. So what they do for example is if the requirement was to take two pills a day, they will take one pill a day so it will last longer. But is it doing the effect that it is intended to do? I do not know; I am not a doctor. And then you get some who take their medicine every other day because they are trying to make their money stretch because they are not getting that much. Many of us seniors do not get a whole lot in the system as far as a pension cheque. Because, you know, our pensions are very, very young when you consider the demographics, depending on the deB ermuda House of Assembly mographics in this country, Mr. Speaker. So they co ntinue to suffer. Some it affects what they eat and how they eat—well, not how they eat, but what they eat as far as what they can purchase. They do not have the sufficient funds to get that, Mr. Speaker. One thing this Government has not done, the previous Government did, they cut the pensions of our seniors and some of their benefits. You know, we had statements like Money doesn’t grow on trees. But this Government has sustained and increased our pensions for ever yone, particularly to our seniors, ever since they have taken Government. And I applaud the Government for that. Now, Mr. Speaker, some folks really do not understand some of the benefits that we get from the policies that we have in place. For example, F utureCare —FutureCare, you pay about $6,000 a year. But you can get, if needed, over $50,000 a year back in benefits. They pay for 40 hours per week at $15. They subsidise if you need assistance at home. They also pay for a nurse for 14 hours a week. I think that is at $25 an hour or $35 an hour. That is the type of as-sistance that FutureCare [provides] that was intr oduced in this country by the Progressive Labour Party Government. It even takes care of overseas care for our folks. Mr. Speaker, I do have a concern about F utureCare because we have a physician who comes in especially from overseas. And I think they have got at least about 300 patients in this country, and most of them are seniors. Sometimes they require to have surgery overseas. But the hospital that this doctor op-erates out of is not covered in the system. The prev ious speaker spoke about that, about not being cov-ered in the system. That is not fair because if that doctor is permitted and they are permitted to practice in Bermuda, and he recommends that so- and-so needs surgery and they do it at the hospital that he operates out of, we should at least cover that. So I am asking the Government again. This is not the first time I have said this. I am asking the Go vernment again to look at that particular situation, be-cause our seniors are vulnerable because they need the surgery. It is not like they can go to another hosp ital and get it. If they did, they have got to start all over again; it makes no sense. Particularly when we allow this doctor to practice in Bermuda, they should be able, if then necessary, to operate on their patients overseas. And I tell you, most of these folks are Ber-mudians, Mr. Speaker. So we would hope that they can look at that, Mr. Speaker. Now, Mr. Speaker, my concern again is we have the unemployed and seniors. Let me say this before I go there. Mr. Speaker, we have been advised to charge our participants, whether it is GEHI [Go vernment Employee Health Insurance], FutureCare, HIP or whatever, to charge more by the actuaries. The Government could not pass all of that on. This Gov-ernment could not pass all of that on to the partic ipants in these plans because they definitely will not be able to afford them. And this is even for GEHI. The Government subsidises particularly all of these HIP, GEHI, FutureC are—they subsidise all of them, most of it. And many of these people who are on F utureCare and HIP, a lot of it is paid for by Government via Financial Assistance and stuff like that. So I would always maintain that I believe and I sincerely believe that insurance for seniors should be free. They have struggled in this country before our time to help put this country in the position that we are in. And I think even if we started from the HIP, if HIP was free to seniors and they can buy a supplementary until we get in a position to do better for them, I think all insurance for seniors needs to be free. Because you find many people continue to work today because [of] the health care costs. They try to maintain and be able to pay for health care. Some, many p eople today have gone, even some employers have gone to the standard requir ement for health care insurance for their employees. But as you know, the benefits are not as good as if you had a major medical, Mr. Speaker. So I would continue to say and continue to advocate and push for free health insurance for our seniors. I think that can be a part of reparations. And when we talk about rep-arations, most people think it is only for Black folks. But we have some white folks who did not do so good, and they were treated badly also. So I am talking about them also. That as a part of reparations, most of our seniors, white and Black, cannot comfor tably afford the premiums that they have to pay in or-der to help themselves. Thank God we do have some assistance fro m some of the charitable organisations in this country to help our seniors out. But seniors do not want to be asking and going to charities to help them to pay for health care. I think that is not something that anybody wants to do. So again if we had free, proper health care for our seniors, I think that needs to be our objective, not free HIP, but the objective, and I would say the objective within three years, is to have free health care for our seniors. I think that is what we have to do. That is what we owe them. And I believe that we owe them that, to give them free health care. So at least when they do go home to retire, they do not have to worry about paying for if they get sick or not. And hopefully that they do not get sick and they do not need it, that they can have their comfort to know that if the need be, that it is all covered. So, Mr. Speaker, with those few remarks, thank you for allowing me this opportunity.
The SpeakerThe SpeakerThank you, Deputy. Does any other Member wish to make a contributio n at this time? Hon. N. H. Cole Simons: Yes, Mr. Speaker. 1968 24 September 2021 Official Hansard Report B ermuda House of Assembly The Speaker: Opposition Leader, you have the floor. Hon. N. H. Cole Simons: Thank …
Thank you, Deputy. Does any other Member wish to make a contributio n at this time? Hon. N. H. Cole Simons: Yes, Mr. Speaker. 1968 24 September 2021 Official Hansard Report B ermuda House of Assembly The Speaker: Opposition Leader, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I appreciate the challenges that face this country when it comes to health care. It is not eas y. I would not want to be sitting in the Minister’s seat. But we need to take a holistic approach when it comes to the delivery of health care in Bermuda. Mr. Speaker, I did some research a while ago on the cost of health care in Bermuda. And some of the information provided to me from our health regul atory agencies and other bodies indicated to me that Bermuda’s health care costs have increased by 193 per cent over the past 15 years. As was said earlier by my colleague, Mr. Dunkley, this number is astounding. We as a country have not done a great job in managing the cost and delivery of health care in Bermuda. I have listened attentively to the Minister and the previous speaker. And I was hoping that someone would speak to, Where do we stand on the National Health Plan and how the Health Insurance Amend-ment ties into the National Health Plan? Because at the end of the day, we want to provide affordable health care to the people of this country. And we can-not do so unless we have a disciplined approach to the overall management of health care in Bermuda. So I would like to invite the Minister and her team, because I know she cannot do it by herself, to provide this country with an update of the National Health Plan and an addendum that will say how COVID -19 has influenced the National Health Plan and how we plan to manage our way through this so we can provide comfort to the people of this country when it comes to the delivery and cost of health care. I know it is not an easy task. But we cannot continue on this glide path of having the cost of health care in this country rise by 193 per cent for the past 15 years, Mr. Speaker. Mr. Speaker, I believe that the Shadow Minister was correct. If we are going to talk about increas-ing the cost of health care, where are the metrics that support that increase? The closest thing that I have heard that possibly may increase it, I heard the CEO of the hospital talk about the cost that he is incurring to run the hospital in this COVID -19 environment. The fact that he needs far more nurses, the fact that he needs more PPE and other equipment, the fact that he needs to re- kit some of his space at the hospital, the fact that he needs more oxygen, the fact that he needs other equipment to support the challenges that they have at the hospital on the ward and in the ICU because of COVID -19. Mr. Speaker, this is why I take the view that at this point we should have a live health plan that speaks to health care in this country and ties the i nsurance to the cost of health care as an integral tool within the health care spectrum. Mr . Speaker, as was said earlier, we as a country have 10 per cent of a population who have no insurance. What will happen to them? They can ap-pear at the hospital, or what most of them do is do not go to hospital at all. And that causes a problem for our health care system as well, especially during these times where we have a pathogen going around that is very, very contagious. So we somehow need to support and identify and work with those uninsured peo-ple who have no health insurance company to bring them on board so that they can be safe to themselves and to other people in the community. The other issue that I would like to raise tangentially is, we speak about the standard premium rate and how it covers professional caregivers. During my research, Mr. Speaker, I understand that for pr ofessional caregivers who do home visits or take care of seniors or people who are health challenged on a regular basis, there is no real register for caregivers to ensure that they are qualified, to ensure that they know what they are doing and are able to provide the health care and professionalism that is required to help and support our ageing seniors and our vulner able people who need health care support in their homes . So again, these are issues that need to be addressed. Back to the financial statements. The Shadow Minister of Health was correct. How can we bring this legislation to the House, asking for additional funding to support health care, when we do not have a summary of how the funds already provided in the health care sector by the people in this country —how the funds are used, reviewed and examined? The analy tics should be here. How much has it cost to date? How much has COVID -19 cost our health care sy stem? Where did the increase in costs come from? And where is the increase heading? Now, I take the view, Mr. Speaker, that we will probably find ourselves here next year, asking for an-other increase in the health insurance costs. Because, Mr. Speaker, we know, the Minister knows, her team knows that we at this point do not have COVID -19 under control, and the cost is rising exponentially and we are unable to quantify it at this point in time. And so the numbers that the Minister used for these in-creases will be outdated in six months’ time, and the resources provided as a result of this increase will also be exhausted because of where we are unless we see some dramatic improvements in the reduction rate and the positivity rates of COVID -19 in this country. So again, Mr. Speaker, I will say that we will be here next year, asking for another increase in F utureCare, HIP, the MRF and other insurance services provided by this country. And we do not have a mas-ter plan that will provide guidance and hold people acco untable and have a roadmap for a health care system which is affordable, covers the people of BerBermuda House of Assembly muda and does not compromise the services that we offer. The last thing that I would speak to is, I was speaking to a gentleman. And he said, You know, we have people in the hospital suffering from COVID -19. And they are facing the battle of their lives in some cases. And the person said to me, Mr. Simons, are you aware that some of the doctors in this country do not provide the therapeutic support for patients when it comes to COVID -19? What do I mean by that, Mr. Speaker? This is what I mean: If I take a test and the test is positive, it says I have contracted COVID -19. I go to my doctor with my FutureCare or HIP and say, Doctor, I have COVID -19. What type of therapeutic support can you give me? I have been told some doctors might say, Can’t do much. Go ahead for two weeks. Get your rest. Take your Vitamin C or take your other homeopathic vitamins. And you’ll just have to ride it out. To me, is that good enou gh? Other doctors are prescribing ivermectin and other types of medic inal solutions and other homeopathic solutions. There is no consistency in regard to the type of service pr ovided to our patients once they are identified as having COVID -19. So, I would invite the health care fr aternity to do their best to provide the health care support and therapeutic support of those people who have COVID -19 who have shown symptoms so that they will not have the progression that leads to a fight for your life. I am no t a doctor. But I am certain that the doctors may be able to provide preventative support or support that will inhibit the deterioration of some of these patients before they get to the hospital. B ecause I am hearing that a lot of these patients are getting sick and going home, and the disease is pr ogressing. And there was no medical intervention up until then, and as a consequence, they find themselves in the hospital. So I would like for the Minister to examine this for the people in this country because that may be able to help lessen the stress that we find in our health care system in this country. Mr. Speaker, as I said, this is a challenge. We all are in unchartered waters. But there are basic fun-damentals that need to be adhered to when it comes to the National Health Plan and a national health cr isis. Every country that has a national health plan or a national health crisis, they will have a plan that will support the crisis and a metric system that will provide some type of accountability or assess ment of the effectiveness of the health plan. So, Mr. Speaker, with those remarks and the fact that our health care cost has gone up 193 per cent in 15 years, I really invite the Government to do their best to address these costs and do a better job in planning for these increases, because we cannot continue on the glide path that we have been on for the past 15 years, most of the time under the PLP Go vernment. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP, Opposition Leader. Members, at this time it is now 12:29. Before I call on anybody else to continue the debate, I suggest that we allow us to take the lunch break at 12:30 and return at two o’clock. Any objections? No. Mr. Premier, or . . . …
The SpeakerThe SpeakerYes. Hon. Kim N. Wilson: I move that the House do now adjourn and return at two o’clock.
The SpeakerThe SpeakerThank you, Minister. Members, the House now stands adjourned until 2:00 pm. Proceedings suspended at 12:30 pm Proceedings resumed at 2:00 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerGood afternoon, Members. It is now 2:00 pm. The House will resume after its lunch break. We are now back in session. Members , when the House [suspended], the Opposition Leader had just made his rem arks in reference to the debate. And, for the listening audience, we are debating …
Good afternoon, Members. It is now 2:00 pm. The House will resume after its lunch break. We are now back in session. Members , when the House [suspended], the Opposition Leader had just made his rem arks in reference to the debate. And, for the listening audience, we are debating the Health Insurance Amendment Act 2021.
BILL
SECOND READING
HEALTH INSURANCE AMENDMENT ACT 2021
[Continuation of debate thereon]
The SpeakerThe SpeakerWould any other Member lik e to make a contribution at this time? Any other Member?
The SpeakerThe SpeakerYes, MP Jackson, you have the floor.
Ms. Susan E. JacksonThank you, Mr. Speaker. I am just curious, you know, w e are looking at these increases which, in a nutshell, are taxes and clearly it looks as though it is — 1970 24 September 2021 Official Hansard Report Bermuda House of Assembly The Speaker: Let me remind you to …
Ms. Susan E. JacksonClearly, it looks as though it is a COVID -19 tax. So, I am speaking on behalf of seniors who, I am sure, are beginning to feel the brunt of many of the costs that the country is experiencing and, you know, why [do] they, as vulnerable and hardworking [people], …
Clearly, it looks as though it is a COVID -19 tax. So, I am speaking on behalf of seniors who, I am sure, are beginning to feel the brunt of many of the costs that the country is experiencing and, you know, why [do] they, as vulnerable and hardworking [people], need to be the targets of these kinds of increases for services that they all so desperately need. So, I wonder why. You know, there was no real warning. The timing is off for many of the seniors who are budgeting and have fixed incomes, and it is very important that we know what our expenses are going to be. So, although it may seem as though it is a small or insignificant amount for those who are wor king full time, certainly this monthly increase is going to have an impact on our seniors. Basically, it seems as though the money is needed to cover our COVID -19 expens es. And seniors are oftentimes supporting family members, they are supporting their grandchildren, they are carrying the costs of the increased price of food, they have been isolated for the last year and a half, many of them. I believe well over 80 per cent have bitten the bullet and gone and gotten the vaccination. Seniors are doing everything they possibly can to assist the community. And now we are being asked to do more. And I wonder at what point the Government is going to give some form of real reli ef for our seniors or detract the attention away from seniors and find another way to earn this revenue. The seniors are going to have to fork up the monthly increase immediately, as soon as the Act r eceives assent. However, people who are employed, espec ially in the private sector, have policies already committed for the year and many private employers are not going to be charging extra money or reconfi guring their payroll systems to accommodate these i ncreases. So, however the private industry is going t o manoeuvre to make this payment, it is most likely not going to fall on the individual employee at this time. So, individual employees working in the private sector are going to have from now until probably a year from now, nine months from now, to prepar e for this mont hly increase and adjust their premiums, adjust their policies accordingly. They can get around it. Yet the senior who is on HIP or who is on F utureCare has to deal with this immediately and does not have any support system by way of an empl oyer to help cover or support the costs during a time when we can sort of adjust our budgets to accommodate the increase. One of the previous speakers, the Deputy Speaker, was sort of putting a pat on the back be-cause there have been exemptions given to bus inesses during COVID -19. But that does not neces-sarily bode well for our seniors because they have not been given any exemptions during COVID -19 and are still dealing with many of the costs associated. And when we look at the idea that there is g oing to be this $1,000 coverage for prescriptions, that is something that the Government has been touting for some time now. So it just . . . you know, it makes it very difficult for someone who is on FutureCare or HIP to feel as though there is a real give and take in this situation. It feels as though that increase in the pr escription benefit was sort of this ace in the hole. The Government could then say, Hey, look, we’ve got to i ncrease the fees, the premiums for our seniors, let’s just roll this benefit in the re. And in actual fact, the increased amount of money that seniors are going to pay each month for their premium has absolutely nothing to do with the prescription benefit. So, the prescription benefit should not be put in there as if it is going to be som e kind of reward when it was always on the table that, at some point, we would receive the benefit without having to pay extra money to get it. So it seems to me, Mr. Speaker, that this is a little bit deceiving, unless the Gover nment can statistically sho w that this increase in the premium on a monthly basis has some direct correl ation to the increased prescription benefit. The truth of the matter is, Mr. Speaker, that the private employers are going to cover the payment for employees who are full time, and the seniors are going to have to pay this COVID -19 tax out of their own pockets beginning now, and it bears wondering how businesses are going to get the easy button because . . . I do not know, is it that the businesses are not going to be asked to pay a COVID -19 tax because they give a lot of pushback? And seniors, you can charge them extra money because you are not going to hear a loud outcry from it? Mr. Speaker, I just feel as though there needs to be some defence and some accommodation for the fact that our seniors are the ones that are dealing with this. I do not know why Government has not even come out and just been honest and transparent and just said, Look. Everybody needs to pay, you know, $75 to cover our COVID -19 costs because we have not brought in the revenue as a country to cover the increasing costs. And so, I am just curious, you know, whether there cannot be some form of openness around this versus putting it through the health prem iums in such a way that it looks like we are getting something and, in actual fact, we are just paying an additional tax to cover the costs for COVID -19. 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 Mem ber? Bermuda House of Assembly Hon. Tinee Furbert: Mr. Speaker.
The SpeakerThe SpeakerYes, Minister Furbert, you have the floor. Hon. Tinee Furbert: Thank you, Mr. Speaker. I would like to speak today in regard to this amendment to the Health Insurance Premium. This is not an easy decisi on for us. This is not an easy dec ision for us as a …
Yes, Minister Furbert, you have the floor. Hon. Tinee Furbert: Thank you, Mr. Speaker. I would like to speak today in regard to this amendment to the Health Insurance Premium. This is not an easy decisi on for us. This is not an easy dec ision for us as a Government to have to increase the SPR, to have to increase HIP insurance, and to have to increase FutureCare. You know, I have heard today about not ha ving numbers to qualify this. Actually, MP Chris F amous did an interview with Dr. Richmond of BHB. It was actually a very good interview which was done on September 9. And he had the opportunity to speak to the hospital’s expenses and costs. If you have the opportunity to go back and listen to that, he act ually explained what the hospital was going through as far as finances were concerned. So, it was something that was in the public sphere; it was not as though information was being hidden, because he did have the opportunity to speak to that. But, you know, we looked at many scenarios, Mr. Speaker, and this was the best outcome knowing the situation that we were in with the decreased hea dcount. Minister Kim [Wilson] mentioned prior us ha ving about 49,000 and now dropping to about 46,000. We did not ask for a pandemic, Mr. Speaker. We did not ask for a decrease in headcount. Actually, as a Government, we have been very progressive with trying to put in measures through immigration to assist with making sure that we increase our headcount, or maintain our headcount, so that people can continue to pay into an insurance programme and that they can also continue to utilise our goods and services. And so, we have been very proactive in trying to alleviate some of the financial burden that COVID - 19 has cost us. I am just . . . I want to take this opportunity, you know, we have looked at . . . we have looked at everything. This is not an easy decision. This is som ething we did not want to have to pass onto persons, through their SPR or through HIP or through F utureC are, but it is necessary. Minister Wilson mentioned that we have not had an increase for six years —for six years. And util isation of health care services continues to rise, and so the Government has to continue to subsidise. She mentioned that we are subsi dising HIP 28 per cent —by 28 per cent. And we are subsidising FutureCare by 47 per cent, almost 50 per cent —that is huge that Government is subsidising. And so we cannot say that we are not doing for our people b ecause we are —we are. We are doing for our people through this subsidisation. This increase, particularly as it relates to F utureCare . . . I have heard comments talking about the impact on the seniors. And yes, it will be an impact on seniors, a $30 increase. It could be very hurtful for some fami lies who cannot afford health insurance, and we recognise that. But we have done our best — our best —to keep that premium at the lowest level that we possibly could because it could have been higher. It could have been higher, Mr. Speaker, and it is not. So, we have to just speak about that, that we have done everything that we could to keep the i ncrease from being at a higher rate. I want to speak to [INAUDIBLE] and health care utilisation because the more we ask for benefits . . . because people do say they want more of this, they want more of that to be added to their insurance [benefits]. And the more we want, the more health care costs will be and that includes insurance prem iums. Bermuda has a high rate of high blood pressure, a high rate of diabetes, and a high rate of obesity. And so, if we want to do anything, we, as a community, need to be able to get that under control ourselves. Particularly in the senior population, we do have a high rate of high blood pressure. And so it does not start when we are a senior; it starts when we are young persons. [As] children, actually, because the more that we expose our bodies to . . . we age. And that is just compounded with the years in which we age. So, we have to get that health under control. We have to get o ur health under control at a young age, because we keep . . . you know, we would say, Oh, you know, seniors. We all will turn to be a senior one day. So it is important that we recognise the things that we do to our bodies will have an impact and will incr ease our health utilisation the older we get, if God graces our life to live to see an older age. And so, that has to be taken into consideration to us as a community. One thing that I feel as though we need to address, Mr. Speaker, is coverage for holisti c and alternative medicine. It is interesting, because I have been exercising here lately trying to stay healthy and fit. And I had managed to do something to my hip. And one of fellow MPs actually . . . I mean it hurt so bad I could not even really walk. I was limping all over the place and I was being stubborn and avoiding going to the doctor. And I let this go on for about a week. I told one of my fellow MPs, I said, Listen, I have this . . . my hip is hurting me so bad. And she (MP Ianthia Simmons -Wade ) picked me some MatchMe-if-You-Can leaves. And I took those Match- Me-ifYou-Can leaves and I wrapped my hip in it and I wrapped it . . . sorry, I soaked the Match- Me-if-YouCan leaves. And then I . . . everybody knows about these old- time, helpful remedi es. I wrapped it in Saran Wrap. And all night it felt as though my leg was bak-ing, like it was baking whatever inflammation was going on in there away. And I went to the doctor the next day and told her what was happening. She prescribed me a medi-cation —an anti -inflammatory as well as something 1972 24 September 2021 Official Hansard Report
Bermuda House of Assembly that would assist with pain. And she gave me a whole 30-day supply of something that I would take. And so, this was Thursday. I went to the doctor on Friday. But I had wrapped my hip on Thursday. Then Saturday morni ng I woke up, Mr. Speaker, and I felt as though nothing was wrong with me at all. I did take one pill from the physician, but she had given me a 30- day supply, so I was almost sure that I would need to take those pills for 30 days. And it ended up, I only had to take one. Now, I do not know . . . I do not know if it was the pill or if it was the Match- Me-if-You-Can leaves. All I know is that on Saturday I woke up and it was like nothing was wrong. So I feel as though our health insurance packages should h ave a holistic element to them as well as an alternative medicine package to it, because we can save a lot of money if we find that holistic or alternative remedies actually do work for us. And the money that I spent on those 30 pills —of which I only used one— now has gone to waste. Mr. Speaker, again, I have to stress that the decision we are making here today was not an easy decision for us to have to make. And, you know, we hope that this is supported in the House because it is not an easy one, but it is a necessary one. Mr. Speaker, I just would like to take the opportunity to speak to the benefits, actually, that will come with this new premium increase. And that is the inclusion of the maternity care and critical maternity health education for women, particularly for Black women, because usually in the month of April there is recognition or an awareness day and it is Black Ma-ternal Health Week. And this is when we recognise pregnancy and childbirth- related deaths and complic ations. And in that would be t he inclusion of low birt hweight as well as infant mortality rates. And with this new access to maternity care within this benefit that we are providing, we can rest assured that we are now strengthening maternal health benefits to those persons who are under -insured or persons who have no insurance. And we can at least guarantee that, unlike the United States that has a very high Black infant mortal ity rate, we can now guarantee the women of Bermuda that we are putting something in place (particularly for those persons who cannot afford it) that will strengt hen the health of their children and the health of themselves. So, we should be very proud and happy to say that we are able to put something like this forward to be able to help our community. And as f ar as the medication benefit which will now be added to HIP, it is a plus. And I do not like that we are using the language, it’s a throw -in. Throughout the whole Bermuda Health Plan consultation that we had with the community, persons were asking for cov-erage for prescription medication. They were asking for this. Our seniors were asking for this because they found that just before the cycle for prescription cover-age for FutureCare was about to end— like, let us say, April—they ran out. They ran out of thei r prescription benefit. So now we have added $1,000. We would have loved to have been able apply more, but we have applied the $1,000 to increase the medication benefit to FutureCare. While it may not be a huge amount, it is a help. It will be a help. Actually, a senior stopped me the other day and she said, You know, MP Tinee—I was expecting for her to say something else to me when she said— MP Tinee, thank you, Thank you for increasing that medication benefit to us. So, while I know for some it may be a har dship—that extra $30— it is an added benefit which seniors can take advantage of to be able to have medication coverage at the amount of an additional $1,000 per year. And also, with HIP insurance, persons being on HIP who had no medication or prescript ion benefit before, they now have coverage for 100 per cent, actually, for generic and brand name prescriptions or drugs to the amount of $1,000 —something that they did not have before. And so, people who could not afford it, they would just be noncompliant with a pr escription that a physician would write for them and now they have access [to] $1,000 per year to assist with medication that may be prescribed. And hopefully they comply with that medication and there is some compliance to help improve whatever condition that they may be going through. So, again, there are some very important things that we have to remember here. We have to remember that health is really up to each individual person and what it is that we put into our bodies or do to our bodies and the implications that it will have on us as we get older. It is also up to us to continue to push forward with the Bermuda Plan. Unfortunately, we have not been able to get there yet, but this Plan will no doubt help persons who cannot afford health care, partic ularly at the higher levels that they are at now. I believe, MP Burgess mentioned that someone was pa ying about $1,200 for private insurance. But then the FutureCare benefit package premium (being the most affordable insurance package at this tim e) is at about $500.14 right now, it is the most affordable package for our seniors. And that was something that the PLP implemented to try to make insurance more affordable. I believe Minister Wilson also mentioned that we are seeing more and more people come over to utilise HIP insurance as well as FutureCare insurance. FutureCare insurance has a great benefit, t hat being the home care benefit that private insurances . . . not all of them are picking up at this time. And so, we are seeing more and more peopl e come over to HIP and more and more people coming over to FutureCare because it is the most affordable health care package
Bermuda House of Assembly that we do have on our Island now because people cannot afford $1,200 a month. It is huge! Actually, I was speaking with somebody the other day and they were telling me that their private insurance has increased over the last three years. Every year it increases from 9 per cent to 30 per cent depending on what package they have. And this happens year after year. But we are not making off to our private insurance companies because Government does not always increase the Standard Health Prem ium, but the private insurance companies still continue to increase our premiums year after year —costs ran ging from $30 to $50 per month, or more. And that is happening yearly for some private insurance compa-nies. This [increase] is happening every six years! So, again, Mr. Speaker, this is definitely a hard pill to swallow because we do not want to see increases of this sort. We do not. But, again, we have a population of persons who need to get healthy. If not, we are going to see more utilisation of our health care system. We are going through a pandemic, Mr. Speaker, which has had a major impact on our health care system. So, there is a lot going on, Mr. Speaker. Again, not an easy decision, but definitely a necessary one in order to allow for the quality of our health care system to remain as it is. Again, our insurance is heavily subsidised by Government and we have to understand that. We also have to get more knowledgeable about what our i nsurance packages have for us. There are many pe ople who get a job, and get insurance, and do not even really know what is included in their health care pac kage. So I encourage everyone, if you have insurance, to get a better understanding of what is included in your health care plan, your health care package, so that you know how to best utilise those services and not utilise them only when there is an emergency, because I am sure there are probably some preventative things that you can utilise in your insurance package. I want to also say to our seniors, make sure that when you are visiting your physicians or your specialists that you are asking for up- front costs. Sometimes when you go to your physician and you ask for that information, that information is not always given to you correctly. And I think we owe it to anyone who is using a service to be able to be provided up- front costs because then you give them the opportunity to budget. You give them the opport unity to think about their f inances and whether or not they can utilise that ser-vice. So, be very upfront. And persons in the comm unity with hea lth care, ask, How much is that proc edure? How much is that service? So that you know in advance what it would cost you so that you do not go to that visit being shocked and surprised about what that cost actually is. So, again, [to the] people in our heal th care community, be upfront with people in regard to what something costs so that people can make better f inanci al decisions around their health care. And people in our community, ask those questions. Ask how much a certain procedure will cost, so that we can be better informed about costs around our health care. Mr. Speaker, again, I just want to end on this. This change to this Act is not something that we take lightly, but it is definitely something that is necessary. And we will do all that we can to be able to provide our only hospital —because we only have one —to make sure that our only hospital is able to oper ate and provide care to persons in our community because when we go to that hospital, we want good service. And I know things have been limited at this time, but we just do not have a choice. We do not have a choice in this matter. Our hospital needs assi stance and we are, as a Government, coming to the assistance to help our people and to help our hospital. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister Furbert. Does any other Member wish to make a contribution at this time? Any other Member ? There are none. Minister, would you like to take the floor and wrap up? Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Kim N. Wilson: And I thank the Honourable Members for their contributions. Mr. Speaker, let me start where the Honour able Member who just spoke concluded, which is that this is a continuation of some tough decisions that we as a Government had to make in that we …
Yes.
Hon. Kim N. Wilson: And I thank the Honourable Members for their contributions. Mr. Speaker, let me start where the Honour able Member who just spoke concluded, which is that this is a continuation of some tough decisions that we as a Government had to make in that we also had regard for the fact that there are quite a number of seniors that are crying for more benefits with respect to prescription drug benefits, as well as those persons who are on HIP who, prior to this Bill passing, have never had any prescription drug benefits. If you were a HIP patient and you went to the pharmacy for drugs, you paid out of poc ket. They will now, as a result of this Bill, be able to have 100 per cent coverage up to $1,000. So, Mr. Speaker, in essence, this is certainly going to be welcomed by a large percentage of our population. We do appreciate that it represents an increase in the HIP and FutureCare [premiums] which have not, Mr. Speaker, increased since 2015. And we know that utilisation causes the cost to go up, as well as technologies and the like. And having the benefit of further prescription drug benefits will help to s tave off persons from getting sicker from the massive chronic diseases that we, unfortunately as a nation, face. And, of course, of equal importance is the fact that those mothers who are underinsured or uninsured giving 1974 24 September 2021 Official Hansard Report
Bermuda House of Assembly birth . . . their children and they themselves will have the benefit of being able to have prenatal care as well as education and postnatal care so that their children get the best start in life. Mr. Speaker, there was a comment that was made by the Honourable Opposition Leader with r espec t to our health care costs rising over the next three years to 193 per cent. Unfortunately, that is not correct. There will be a . . . the actuarial projection is that there will be a 93 per cent increase by 2039.
Hon. N. H. Cole Simons: Mr. Speaker —
Hon. Kim N. Wilson: —due to—
Hon. N. H. Cole Simons: —the Minister is unintentionally misleading—
The SpeakerThe SpeakerHold on, hold on, hold on. Hon. N. H. Cole Simons: Point of order, Mr. Speaker.
The SpeakerThe SpeakerWhat is your point of order? Put your point of order. POINT OF ORDER [Misleading] Hon. N. H. Cole Simons: The Minister is unintentionally misleading the House. The 193 per cent that I am referring to was for the past 15 years, not the three years going forward. The past …
The SpeakerThe SpeakerThank you. I think you made reference to a timeline when you presented it. Minister, just be mindful of what the Member just indicated. Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. As I was saying, there is a projection of a 93 per cent increase, based on t …
Thank you. I think you made reference to a timeline when you presented it. Minister, just be mindful of what the Member just indicated. Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. As I was saying, there is a projection of a 93 per cent increase, based on t he actuarial projections, by 2039 due to an ageing population. And this has not been the case over the last 15 years, although we admittedly indicate that there have been increases, but it certainly has not, from an actuarial perspec-tive, been for the last three years. Mr. Speaker, let me just provide a little bit of information concerning an update on the National Health Plan and how COVID -19 has played a role in this. As I have said previously ––and I actually believe I gave a Ministerial Statement about six weeks ago concerning this ––work on the Bermuda Health Plan is ongoing. The universal health coverage forms a key part of the overall plan, and the work on this aspect we started this year. Of course, we had a delay because of COVID -19. A steering comm ittee made up of key stakeholders has been meeting regularly since the spring. Again, I do expect, Mr. Speaker, by the end of this year to be able to provide a further update to members of the public and Members of this Honourable Chamber. I can also say, Mr. Speaker, that this reform will require a robust governance structure to ensure that the plans and the programmes are properly ex ecuted. But most importantly, Mr. Speaker, we know that the focus has to be patient -centric and this is the starting point and our main goal. And, again, this is an objective of the PLP Government. It has been part of our platform, and we will ensure that we take steps for this to be materialised. Mr. Speaker, the HIP amendment ties directly in to the National Health Plan in a number of ways (and this was a question that was asked by one of the Honourable Members), as the HIP amendment will continue to provide affordable care to those persons who are of perhaps less desirous income, as well as it will continue to allow FutureC are and the HIP prem iums to be maintained at an affordable level. The professional caregivers (there was a question by the Honourable Opposition Leader concerning the professional caregivers), the ones who provide the home care services that are covered u nder FutureCare —of which there will be a continuation, of course, because we know this is a very, very popular benefit to individuals. We want to try to encourage people to allow our seniors to age at home. And that benefit is heavily utilised and it is a very popular benefit and it will continue. But we can say that the Health Council is working on expanding the registration and providing education and resources so that we can have a consistent quality of care for those persons who are providing that care. However, of note, in order to r eceive FutureCare payments as a care provider, you must be registered. That registration process is with the Bermuda Health Council. So, nobody can just walk in and try to collect FutureCare dollars by provi ding that servic e, you must be registered. With respect to some questions that were asked, Mr. Speaker, concerning the BHB Annual R eports as well as the Health Council, the 2016, 2017, 2018 Annual Reports are anticipated to be presented to me and I will table them within the next three months. And the 2020 Annual Report, Mr. Speaker, with respect to the Health Council, will be tabled this next session. Currently, with respect to the question, Mr. Speaker, concerning the cash reserves of BHB, their cash reserves currently . . . there will be $14 mi llion once the payroll for the remainder of the month has been paid. And the issue that was asked with respect to the TA [Travel Authorisation] fees, you will note in the brief that I indicated there will be $11.1 million of the TA fees collected to transfer to the hospital. And whilst BHB continually revisits their saving efforts, I indicated in the brief that, due to some very, very stringent savBermuda House of Assembly ing efforts that they have undergone recovering over $30 million, it is not anticipat ed that the use of a TA fee for funding BHB will carry on in the 2022/23 fiscal year. Mr. Speaker, with respect to that I would like to again thank Honourable Members for their input and I would ask, Mr. Speaker, that this Bill be now moved and committed.
The SpeakerThe SpeakerThank you, Minister. Deputy, would you like to take the Chair? Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 2:3 0 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL HEALTH INSURANCE AMENDMENT ACT 2021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Health Insurance Amendment Act 2021 . Minister Wilson, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Chairman. With your leave . . . I am sorry, Mr. Chairman, …
Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Health Insurance Amendment Act 2021 . Minister Wilson, you have the floor.
Hon. Kim N. Wilson: Thank you, Mr. Chairman. With your leave . . . I am sorry, Mr. Chairman, I would like to move all clauses. However, I can add that I will be proposing an amendment to clause 8, which is jus t the insertion of the commencement date. Can I move all clauses, or would you rather I move clauses 1 through 7 and then [clause] 8, which is the commencement date?
The ChairmanChairmanDo [clauses] 1 through 7, then you can do the amendment after that. Hon. Kim N. Wilson: Okay, thank you, Mr. Chairman. Mr. Chairman, this Bill seeks to amend the Health Insurance Act 1970 to provide for the funding for a programme for comprehensive maternity care and critical maternal health …
Do [clauses] 1 through 7, then you can do the amendment after that.
Hon. Kim N. Wilson: Okay, thank you, Mr. Chairman. Mr. Chairman, this Bill seeks to amend the Health Insurance Act 1970 to provide for the funding for a programme for comprehensive maternity care and critical maternal health education in respect of women that are uninsured. The Bill further amends the Health Insurance (Standard Health Benefit) Regulations 1971, the Health Insurance (Health Insurance Plan) (Premium) Order 2015, the Health Insurance (Health Insurance Plan) (Additional Benefits) Order 1988, the Health Insurance (FutureCare Plan) (Prem ium) Order 2015 and the Health Insurance (F utureCare Plan) (Additional Benefits) Order 2009 to either increase or decrease premiums payable and to increase certain benefits. Clause 1 provides a citation for the Bill. Clause 2 amends section 3A of the Health I nsurance Act 1970 to insert subsection (2H) to provide for the funding for a programme for comprehensive maternity care and critical maternal health education in respect of women who are uninsured. Clause 3 amends r egulation 9 of the Health Insurance (Standard Health Benefit) Regulations 1971 to increase the standard premiums payable in respect to standard health benefits by $45. Regulation 10—
The ChairmanChairmanWe are not hearing you. You are d oing a lot of flickering o n your camera and everything else. Hon. Kim N. Wilson: Is that better, Mr. Chairman?
The ChairmanChairmanYes, I can hear you now. You just left us a bit. Hon. Kim N. Wilson: Okay. I will repeat clause 3, Mr. Chairman.
The ChairmanChairmanOkay. Hon. Kim N. Wilson: Mr. Chairman, clause 3 amends regulation 9 of the Health Insurance (Standard Health Benefit) Regulations 1971 to increase the standard premiums payable in respect to standard health benefits by $45. Regulation 10 is amended to reduce the monthly standard premium for persons over 65 years …
Okay. Hon. Kim N. Wilson: Mr. Chairman, clause 3 amends regulation 9 of the Health Insurance (Standard Health Benefit) Regulations 1971 to increase the standard premiums payable in respect to standard health benefits by $45. Regulation 10 is amended to reduce the monthly standard premium for persons over 65 years who do not qualify for subsidised hospital treatment by $133.23. Regulation 11 is amended to increase the amount of standard premium an employer is entitled to deduct with respect to the employees who are not over the age of 65 years, who do not qualify for subs idised hospital treatment. Regulation 11 is further amended to decrease the amount of standard prem ium an employer is entitled to deduct with respect to the employees who are over the age of 65 years, who do not qual ify for subsidised hospital treatment. Regulation 12 is amended similarly to increase or decrease the amount an employer can deduct on termination of employment based on whether an employee is or is not over the age of 65 years and does or does not qualify for subsidised hospital treatment. Mr. Chairman, clause 4 amends the Health Insurance (Health Insurance Plan) (Premium) Order 2015 to increase by $30.00 the monthly premiums payable under paragraph 2 in respect of each health insurance plan and under paragraph 3 by persons under the age of 21 years who qualify for subsidy. Under paragraph 4 the monthly premium payable by persons over the age of 65 years who do not qualify for subsidy is increased by $134.82 [monthly]. Clause 5, Mr. Chairman, amends the Sch edule to the Health Insurance (Health Insurance Plan) (Additional Benefits) Order 1988 to insert paragraph 13C to provide the benefit approved by the Committee for 100 per cent prescription drugs’ cost to a benef iciary to a maximum amount not exceeding $1, 000 per policy year. 1976 24 September 2021 Official Hansard Report
Bermuda House of Assembly Clause 6 amends the Health Insurance (F utureCare Plan) (Premium) Order 2015 to increase by $30 premiums under paragraph 2 for persons who qualify for subsidy and under paragraph 3 for persons who do not qualify for subsidy. Clause 7 am ends the Schedule to the Health Insurance (FutureCare Plan) (Additional Benefits) O rder 2009 in paragraph 2 to increase the benefit ap-proved by the Committee for prescription drugs from $2,000 to $3,000. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister Wilson. Are there any further speakers? Any further speakers?
The ChairmanChairmanMr. Pearman, continue Honourable Member.
Mr. Scott PearmanThank you, Mr. Chairman and thank you, Honourable and Learned Minister. My question relates to clause 2 of the Bill, which is the insertion of new [paragraph] (2H) into the primary Act, being the Health Insurance Act 1970. And what is being inserted there, Honourable Minister, is that “There shall …
Thank you, Mr. Chairman and thank you, Honourable and Learned Minister. My question relates to clause 2 of the Bill, which is the insertion of new [paragraph] (2H) into the primary Act, being the Health Insurance Act 1970. And what is being inserted there, Honourable Minister, is that “There shall be paid, out of the Mutual Reinsurance Fund” (the MRF as you have been calling it), “such sum as is sufficient to fund a programme for comprehensive maternity care and critical maternal health education . . .” Honourable Minister, I have tried to find defin itions for “comprehensive maternity care” or for “critical maternal health education.” I could not locate them in the primary Act of 1970. Can you please assist this Honourable House by explaining the scope of “comprehensive maternity care” and, alternatively and equall y, the scope of “critical maternal health educ ation”? Thank you, Honourable Minister.
The ChairmanChairmanAny further speakers? Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, comprehensive maternal care includes pre- and post -maternal care.
The ChairmanChairmanAnd critical . . . also critical — Hon. Kim N. Wilson: I am sorry, up until the pregnancy and after the delivery.
The ChairmanChairmanOkay. And the other one he asked was “critical m aternal health education.” Is that all -inclusive or what? Hon. Kim N. Wilson: Thank you, Mr. Chairman. That education refers to anything that gives guidance and direction to the mother towards the pregnancy and the care for the infant. Sorry.
Mr. Scott PearmanThank you, Honourable Minister. So, for example, I know that there are maternity courses that are taught in Bermuda. There are a number of them. I know one was Nurse Rita. Would that be something that would fall within “critical maternal health education”? Would that be a cost the Go …
Thank you, Honourable Minister. So, for example, I know that there are maternity courses that are taught in Bermuda. There are a number of them. I know one was Nurse Rita. Would that be something that would fall within “critical maternal health education”? Would that be a cost the Go vernment is proposing to cover for all?
Hon. Kim N. Wilson: So, we probably both know Nurse Rita and have attended her courses, and you are absolutel y correct, it would cover that and it would provide the guidance to encourage expectant mothers to go to such classes.
Mr. Scott PearmanThank you. Further question, Mr. Chairman, on the same point.
Mr. Scott PearmanThank you. So, what is the scope of “critical”? I mean what falls within “critical,” Minister, and what falls wit hout “critical,” as it were? Is there anything that is not covered by “crit ical” or by “comprehensive,” those terminologies? Hon. Kim N. Wilson: Thank you, Mr. Chairman. Anything related …
Thank you. So, what is the scope of “critical”? I mean what falls within “critical,” Minister, and what falls wit hout “critical,” as it were? Is there anything that is not covered by “crit ical” or by “comprehensive,” those terminologies? Hon. Kim N. Wilson: Thank you, Mr. Chairman. Anything related to the care of a mother who is pregnant is considered “critical.” For Honourable Members’ edification, and you may or may not be aware of this, whenever a woman is pregnant and due to deliver, that is actually, potentially the closest time that they are to death, so there can be a number of issues that can, of course, occur. And this will allow coverage for those under - and uninsured individuals who will require—God forbid— any critical care to e nsure their safety and the safety of their infant.
Mr. Scott PearmanI do not know if the Shadow Mi nister has questions, my next question, Mr. Chairman, is on clause 3. Bermuda House of Assembly The Chairm an: Continue.
Mr. Scott PearmanAt clause 3, Honourable Mini ster, at clause 3(a)(i) —this is in relation to the increase in the Standard Health Benefit payments —we see an increase of $355 on to circa $400- odd. So, it is an i ncrease of, roughly, $45. Can y ou confirm, Minister, is that new …
At clause 3, Honourable Mini ster, at clause 3(a)(i) —this is in relation to the increase in the Standard Health Benefit payments —we see an increase of $355 on to circa $400- odd. So, it is an i ncrease of, roughly, $45. Can y ou confirm, Minister, is that new increased payment going to go into the MRF, the Mutual Reinsurance Fund?
Hon. Kim N. Wilson: Thank you. That is correct, Honourable Member.
Mr. Scott PearmanIn full? So, the $45 in full will be allocated to the MRF? Hon. Kim N. Wilson: That is correct. That $45 in full of the HIP increase will go to the MRF.
Mr. Scott PearmanThank you. Mr. Chairman, I will proceed until the Health Shadow Minister comes on.
Mr. Scott PearmanHonourable Minister, clause 4(a)(i) shows an increase —this is now an increase in relation to HIP, the Health Insurance Plan provided by the Government —and we see an increase of some $30 per month. That particular increase, where will those funds be allocated when received? Hon. Kim N. Wilson: That …
Honourable Minister, clause 4(a)(i) shows an increase —this is now an increase in relation to HIP, the Health Insurance Plan provided by the Government —and we see an increase of some $30 per month. That particular increase, where will those funds be allocated when received?
Hon. Kim N. Wilson: That $30 will go directly to the HIP premiums. And if you are going to ask a similar question in the next line, those monies will go directly to FutureCare.
Mr. Scott PearmanThank you, I was, in relation to clause 6. My follow -up question, with your leave, Mr. Chairman—
Mr. Scott Pearman—in respect of both items, will those additional payments be ring- fenced in relation to each of those programmes or could that money then flow further beyond the system? Or will they be effectively ring -fenced for the additional benefits you ident ified in the Bill? Hon. Kim N. Wilson: …
—in respect of both items, will those additional payments be ring- fenced in relation to each of those programmes or could that money then flow further beyond the system? Or will they be effectively ring -fenced for the additional benefits you ident ified in the Bill? Hon. Kim N. Wilson: Okay. All of those funds will go into a pool. It actually cannot be ring- fenced because Government helps cost subsidise these particular funds.
Mr. Scott PearmanRight. And that is the case in relation to both the HIP and FutureCare increase of $30 each per month? Hon. Kim N. Wilson: That is c orrect, Mr. Chairman.
Mr. Scott PearmanThank you very much. That is all the questions I have, Honourable and Learned Minister. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Mr. Pearman. Any further speakers? There appear to be none. Minister, do you want to move those seven clauses? Hon. Kim N. Wilson: Thank you, Mr. Chairman. With your leave, I would like to move those seven clauses, please.
The ChairmanChairmanIt has been moved that clauses 1 through 7 be approved. Are there any objections? There appear to be none. Approved. [Motion carried: Clauses 1 through 7 passed.] Hon. Kim N. Wilson: Mr. Chairman, I would like to move clause 8, please.
The ChairmanChairmanThat is the amendment? Hon. Kim N. Wilson: That is correct, Mr. Chairman. The Chairm an: Continue. AMENDMENT TO CLAUSE 8 Hon. Kim N. Wilson: Mr. Chairman, clause 8 pr ovides for the commencement of this Bill to come into operation on 1 November 2021.
The ChairmanChairmanAny speakers to the amendment? There appear to be none. Minister. Hon. Kim N. Wilson: Mr. Chairman, thank you, I move that clause 8, as amended, be approved.
The ChairmanChairmanIt has been moved that clause 8, as amended, be approved. Are there any objections to that? There appear to be none. Approved. 1978 24 September 2021 Official Hansard Report Bermuda House of Assembly [Motion carried: Clause 8 passed as amended.]
The ChairmanChairmanIf you want to move the preamble. Yes, just move the preamble, Minister. Hon. Kim N. Wilson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are th ere any objections to that? There appear to be none. Approved. Hon. Kim N. Wilson: Mr. Chairman, thank you. 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.
Mr. Scott PearmanI have no objection, but I would highlight that the amendment, I do not know if that is available online for reading, and if it is not, could the Honourable Minister kindly put the amendm ent wor ding up so that we can look at it at a future point? …
The ChairmanChairmanAre there any objections to reporting the Bill to the House? The Deputy Clerk: As amended.
The ChairmanChairmanAs amended. Thank you. There appear to be none. The Bill wil l be r eported to the House as amended. Thank you, Minister Wilson and MP Pearman. The Bill will be reported to the House. [Motion carried: The Health Insurance Amendment Act 2021 was considered by a Committee of …
The ChairmanChairmanMr. Speaker. House resumed at 2: 50 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE HEALTH INSURANCE AMENDMENT ACT 2021
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Bill entitled the Health Insurance Amendment Act 2021 being reported to the House as amended? There are none. The Bill has been reported with the amendment. Thank you, Members. That moves us now to the next Order on the agenda …
Thank you, Deputy. Members, are there any objections to the Bill entitled the Health Insurance Amendment Act 2021 being reported to the House as amended? There are none. The Bill has been reported with the amendment. Thank you, Members. That moves us now to the next Order on the agenda for today and it is [O rder] No. 3 is now bei ng considered, if I am correct? Hon. Kim N. Wilson: I thought we were going to pr oceed with [Order] No. 2, Mr. Speaker?
The SpeakerThe SpeakerI can go back to [Order] No. 1. Hon. Kim N. Wilson: I am sorry, Mr. Speaker, you are correct.
The SpeakerThe Speaker[Order] No. 1, rather, yes. Members, we did take the health matters out of sequence just now and we did [Order] No. 2 first. And [Order] No. 1 will now be done, which is the co nsideration of the Public Health (COVID -19) Emergency Extension (No. 5) Order 2021, again, …
[Order] No. 1, rather, yes. Members, we did take the health matters out of sequence just now and we did [Order] No. 2 first. And [Order] No. 1 will now be done, which is the co nsideration of the Public Health (COVID -19) Emergency Extension (No. 5) Order 2021, again, in the name of the Minister of Health. Minister.
Hon. Kim N. Wilson: Thank you, Mr. Speaker. I move that consideration be given to the Draft Order entitled the Bermuda Health (COVID -19) Eme rgency Extension (No. 5) Order 2021, proposed to be made by the Ministry of Health in the exercise of the powers conferred by section 107A of the Public Health Act 1949. Mr. Speaker —
The SpeakerThe SpeakerAre there any objections? No objections. Continue, Minister. DRAFT ORDER PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION (NO. 5) ORDER 2021 Hon. Kim N. Wilson: Mr. Speaker, I am pleased to invite this Honourable Chamber to consider the Order entitled the Public Health (COVID -19) Emergency E xtension (No. 5) Order …
Are there any objections? No objections. Continue, Minister.
DRAFT ORDER
PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION (NO. 5) ORDER 2021
Hon. Kim N. Wilson: Mr. Speaker, I am pleased to invite this Honourable Chamber to consider the Order entitled the Public Health (COVID -19) Emergency E xtension (No. 5) Order 2021 . Mr. Speaker, Members will be aware the current Public Health Emergency Order is scheduled to lapse on 30 September 2021. Emergency Orders, which have been in place since 30 June 2020, follo wing the state of emergency put in place on 1 April 2020, are made pursuant to section 107A of the Public Health Act 1949 and declare that a public health emergency exists in Bermuda due to a communicable disease that poses a threat to the Island. We live on a very small island, Mr. Speaker. And, as we know from previous outbreaks, and unfor-tunately from the current outbreak of COVID -19 we are currently experiencing, it can spread quickly and with devastating effects. It strikes in the heart of our
Bermuda House of Assembly community as hundreds of people test positive, thousands end up in quarantine and, sadly, people succumb to it and die. We can slow the spread of the virus by follo wing the basic public health advice of wearing a m ask to cover our nose and mouth and not just our chin, as well as physically distancing, downloading the WeHealth Bermuda app, and avoiding the three C’s: closed spaces, crowded places, and close- contact settings. The more barriers and space there are be-tween you and others, the harder it is for the virus to spread. Also, Mr. Speaker, as we have discussed in this Chamber before, the COVID -19 vaccine is avail able to any resident who wants it. As has been said many times, Mr. Speaker, vaccines save lives. And it is no different with the Pfizer -BioNTech being admini stered in Bermuda now. The two- dose Pfizer vaccine has been shown to be 95 per cent effective in randomised trials. Even with the highly transmissible Delta variant, the vaccine’s effectiveness remai ns high. What does that mean, Mr. Speaker? It means that while you, as a fully vaccinated person, can still test positive and still contract COVID -19, you are less likely to get severely ill, you are less likely to end up in hospital, and you are less lik ely to die. Mr. Speaker, to be clear, this does not mean that there is a zero- risk involved. Even if fully vaccinated, your own personal health is a key factor in determining whether you will get ill with COVID -19 and, if you do, whether you are predisposed to b ecome ill enough to be hospitalised or be unfortunate enough to die. That is the reason that our vaccine booster programme, when it starts, will prioritise first and foremost people who are immunosuppressed, such as those with transplants. Their pers onal health can make it difficult to get full immunity from the vaccine and thereby fight off disease. For these people, Mr. Speaker, the booster jab is critical. Mr. Speaker, while research is ongoing on the topic of whether vaccinated people transmit the coronavirus, the Ministry of Health continues to require everyone— whether vaccinated or not —to practice sensible public health measures, such as wearing a mask at all times indoors and in crowded outdoor settings. So far, Mr. Speaker, in Bermuda the data shows that the local community transmission we are experiencing now is predominantly among those who are not vaccinated. Sadly, the people who are being hospitalised are also predominantly unvaccinated. Mr. Speaker, this Government remains firmly of the vi ew that the COVID -19 vaccine is vital to our return to normality. This pandemic is not a sprint, it is a marathon. The vaccine is the help we need to get across the finish line. Vaccination not only protects you, it also protects your family and our Bermuda community. Getting vaccinated is a particular personal decision which impacts everyone around you. Mr. Speaker, Honourable Members, as we all know, COVID -19 was caused by a new virus that spread quickly throughout the world having emerged in China towards the end of 2019. It can be transmi tted very easily between people, and its symptoms are so deceptive we often do not realise that we have the disease before we have exposed others to it. 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, continues to pose a severe threat to public health in Bermuda. The outbreak this past spring and the outbreak that we are in now highlight the impact of the variants of concern—first Alpha, and now Delta. To control and contain the spread of infection public health measures, such as those provided for in regulations made under section 107B of the Public Health Act 1949 , will continue to be relevant and necessary beyond 30 September 2021. This Order before us now will extend the Pu blic Health (COVID -19) Emergency Order 2021 made under section 107A of the Public He alth Act 1949 and empower the Governor to continue the provisions of the Public Health (COVID -19) Emergency Powers Regulations 2021, which impose extraordinary measures necessary 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. 4) Order 2021 was made under the affirmative resolution procedure effective 23 August 2021 for 38 days, which is due to expire on 30 Se ptember 2021. How ever, the COVID -19 pandemic continues to rage on globally and a public health emergency continues to exist on our shores. Therefore, in accordance with sections 107A(3) and 107A(4) of the Public Health Act 1949, I bring the Public Health (COVID -19) Emergency Extension (No. 5) Order 2021 to this Honourable Chamber to seek approval for the extension of the Public Health Emergency for a further 60 days, ending on 29 November 2021. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time? Hon. Michael H. Dunkley: Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerMP Dunkley, you have the floor. Hon. Michael H. Dunkley: Thank you, Minister Wi lson, for the update on the need for the Public Health (COVID -19) Emergency Extension (No. 5) Order 2021. I am not sure that anyone would debate the necessity for this extension at the present time. …
MP Dunkley, you have the floor.
Hon. Michael H. Dunkley: Thank you, Minister Wi lson, for the update on the need for the Public Health (COVID -19) Emergency Extension (No. 5) Order 2021. I am not sure that anyone would debate the necessity for this extension at the present time. If you look at the position we are in, it is debatable whether 1980 24 September 2021 Official Hansard Report
Bermuda House of Assembly COVID -19 is under control in our community when we have gone from four active cases in the middle of July to perhaps over 1,600 active cases now, with numbers not being released yet for the last couple of days. If you look at the numbers per week from the beginning of August until now, we see an alarming, very concerning and really, for members of the public, a scary increase from 46 cases in the first week of August to 49 in the second week, to 87 in the third week, to 94 in the fourth. And then there was one more day in August where there were 79. And then i n the first week of September, disregarding the 79, we see that trend jump from the 94 plus the 79 to 261 cases in the first week of September through the second week of 584 cases to the third week of 798 cases. So, Mr. Speaker, we have seen an alarming increase in COVID -19 throughout our community. So, there is no doubt that the extension of an Order such as this is critical at this time to allow the Government to have the flexibility for all the policies that they might want to put in place. Mr. Speaker , I am going to say it politely, but I am going to say it straight off the top. We only have ourselves to blame for where we are today. As the Minister has outlined, if we followed basic public health guidelines, we would be in a much better position. And this has not been the case. There have been a few amongst us —a minority amongst us—who have gone about their daily lives and have not taken any care for the guidelines that we know can be very important in protecting not only ourselves, but the people aro und us. I find it disgraceful, despi cable, and alarming that this is the case. And we have the numbers to show for it, Mr. Speaker. But most of all and most concerning about it and most distressing about it, Mr. Speaker, is the fact that now our death tol l is approaching 50, our hospital and health care system creaks when you think we have, I believe, 134 beds in the hospital and we are close to half of the beds being filled by COVID -19 patients. Just let that sink in for a minute. Let that sink in, those who are listening to Parliament. Let that sink in and think how dire our situation is. So, all of the other people in Bermuda who have need for health care, whether it be a road traffic accident, whether it be a heart attack or any other si tuation that people might have, they could be put in jeopardy of not getting the immediate attention of care just because of the pressure that is put on our system. And there is only so much pressure you can put on any system before you start to feel the challenges with it. I am not trying, Mr. Speaker, in any way to be an alarmist. But I am trying to talk real to show the people that enough is enough, and we all need to pay attention to what is going on. We know how to beat COVID -19—follow simple guidelines. But we let our guard down. People went out and partied. People went out and did what they had to do with no care or no regard for a lot of other people around them. And now, sadly, they pay the price. But we all pay the price, Mr. Speaker. And that is why many people are fed up and many people are fed up by the regulations being passed today. Many people are fed up by what they have to do to live day to day. And I bet you, Mr. Speaker, the thousands of people quarantined— and I do not know what that number is now, but i t could be getting close to 15,000 (and I look forward to an up-date from the Honourable Minister of Health when she has an opportunity, but many of those thousands of people who are quarantined) —are there through no fault of their own . . . for a significa nt period of time through no fault of their own, Mr. Speaker. And not only, as I referred to with our health care system creaking and the hospital with all those emergency service providers that are taking care of us, with our testing capacity being blown out of the water, let me just stop for a moment and thank all of those workers for their efforts. And thanks are really hollow at this point, Mr. Speaker, because the thanks they need is to get some time off to recuperate, to r echarge, to refresh, Mr. Speaker. But it does not look like it because while we are some seven weeks into this spike —at least seven weeks into this spike—it looks like we have a bit of period more to get through it. But we need to thank them because without their expertise, without t heir tireless efforts, we would not be in the position we are where people can see a better day because they are getting adequate health care, they are getting attended to. Mr. Speaker, while our health care system struggles at the same time, our general w ay of life is creaking and struggling because of the thousands of people who are put into quarantine. So, a lot of the goods and services that we as Bermudians expect in our daily lives, and most of them you see publicly, so transport services are curtaile d back, but a lot of bus inesses who are expected to open, Mr. Speaker, to cater to our needs, whether it is food, whether it is pharmacies, just general conveniences that people need and necessities that people need in life are struggling because they are impacted by COVID -19. Not only with, perhaps some COVID -19 cases the mselves, but quarantine, close contact, where people are out for an extended period of time. So, our system is creaking. And because of selfish individuals who have not taken it upon themselves to follow general public health guidelines that work or just do not believe that COVID -19 is real —because, Mr. Speaker, let us admit, there are some people out there who just do not believe that COVID -19 is real after 18 or 19 months — we are in the position we are in, Mr. Speaker. So I say today, everyone needs to pay attention because we need to get in a much better position. We cannot keep going down this slippery slope, Mr. Speaker. So, people are fed up.
Bermuda House of Assembly I am pleased that the Honourable Minister did talk a bit about vaccines. And Mr. Speaker, the Honourable Minister said that it is vital that we return to more normality and vaccines provide the help we need to get across the finish line. The Honourable Minister went on to say that vaccines are a way out, Mr. Speaker. And I have always supported that a pproach by Government from the very beginning when it was announced that we were going to get the vaccines, probably eight or nine months ago, and the programme started in very early January. I have a lways supported that because I believed in the sc ience, did some of my own research, and I support what Government has said. And I think many of my colleagues are in the same position here, Mr. Speak-er. But the question I have and the point that I want to make [is], Mr. Speaker, if vaccines are the help we need to get across the finish line—quoting the Minister —and if vaccines are a way out, why have we not been more aggressive in making sure that the community buys into vaccines? Because in the begi nning t he programme was quite effective, people were signing up and getting the jabs quite quickly. And then, probably in the middle of May, it slowed up and that is because a significant number of people had the vaccines. But we failed to reach that point where we could get some type of herd immunity, community immunity from the vaccine. And since that time, we have seen very little consistent effort to get those numbers to bolster, Mr. Speaker. Now, I understand that we have a very real difference of opinion bet ween those who got vaccina ted and those who support the vaccine and those who have not been vaccinated and those who do not support the vaccine. We all know that it is real and it has caused some division in our community. And on a da ily basis I continue t o be reached out to, by people on both sides of that debate, stressing why don’t we be more forceful in the vaccines; and [from] the others continuing to give their pitch and their argument about why they do not support vaccines. It all comes down to a programme to continue to persuade people, Mr. Speaker. And I think we failed on that over the past couple of months. And the Government has the ability to consider mandates in important industries if vac-cines are that important to them, Mr. Speaker. Clearly, we have seen in August and September that the spike—our fourth spike—has gotten out of control. And it has been very alarming and concerning to people, many people who thought that we were in a better position when we got down to four cases in July and man y people who had tuned out from COVID -19 and had started to try to rebuild their lives again, Mr. Speaker. I, for one, never thought the spike would be this bad. And I was and continue to be shocked at the positive test numbers that came about and the stra in it would put on our system. So, Mr. Speaker, I would call on Government to step up the game as far as vaccines are concerned and get the rest of the people over the line because, as a small community who has been through a lot, with our economy continui ng to go downwards because of this trend of COVID -19, we cannot afford to allow this to drag on for another six months, another year or another two years. We cannot afford as a community . . . we have lost too many people to death. We have lost too many pe ople to poor situations in their lives that potentially they will never r ecover from. And we cannot continue to put the stress on those on the frontline who are working so hard to put Bermuda in a better position against this pandemic. So, we need to step up our game with vaccines, Mr. Speaker. And we have been given a gift, in one regard, Mr. Speaker, when the President of the United States said that vaccines would be mandatory for all nationals travelling into that country after a certain date in November . We should leverage that with the understanding, Mr. Speaker, that they are our closest neighbour and the jurisdiction that has most of our inbound flights. And when you couple that with Canada who, I believe, has done a similar thing, Mr. Speaker, it is clear that those countries are starting to put their fists down and say enough is enough of this. When we are in a pandemic —a national cr isis—people need to be given direction. And we cannot continue to go through these spikes because we do not have enoug h people vaccinated. And we cannot keep stressing our system when you see that doctors come out with an urgent, heartfelt plea, such as has been out in the last day in the news media, Mr. Speaker. We need to step up our game with vaccines. And I know that many of the colleagues in the Oppos ition are willing to walk hand in hand with Government to allow that to happen because we cannot keep in this position, Mr. Speaker. Mr. Speaker, there are two other areas I want to touch on, and I have spoken to them bri efly outside of this place before. And one area that is disappoint-ing to me is that we have lacked enforcement with our regulations and restrictions. And now that the Government, some time ago, did put in a penalty system that could be immediate, we have s een only casual talk about people who have violated that and been ticketed. But there has been no meaningful action in that regard, Mr. Speaker. And the reason why I say that is because, you know, enforcement is not always the be- all and endall. But when people are not following important public health guidelines, critical public health guidelines, and when people are dying and we have our hospital full because of people sick because of COVID -19, for those who break the law, they must face the law, Mr. Speaker. It is not good enough just to have a system in place and not face the law. People should face the 1982 24 September 2021 Official Hansard Report
Bermuda House of Assembly consequences of their rash actions that put the whole community in jeopardy. And I would [venture] to say, Mr. Speaker, that if enforcement was stepped up in the appropriate way you would see people all of a sudden start being more understanding of not only their actions, but what their actions could mean to other people. And it is only a simple small minority we are talking about, Mr. Speaker. That is important. Now, Mr. Speaker, another point that I wanted to bring is that there has been some conversation about SafeKey and the importance of SafeKey in our community. And I am on record, Mr. Speaker, saying some weeks ago that SafeKey was inequitable and unfair. And I said that because, basically, SafeKey only applied to customers; it did not apply to people who were running a business or running an event or running a venue. And Mr. Speaker, if SafeKey is so important to the potential for our good health, it must be able to apply to everyone, if the Government deems that is the case, so there are no weak links in our chain. Because if there is a weak link in it, the chain is going to break and we are in trouble, Mr. Speaker. So, I make these comments today on the extension of the Order because, you know, we accept that it has to take place in the midst of this fourth spike. Hopefully we are at the end, and we do not have to come to this place again. And by “this place,” Mr. Speaker, I mean the position as dire as we are in with our system creaking, so many people struggling, so many people shut in, and the future looking bleak. We do not have to come to this place again because we know what we have to do, we have the tools to fight it, we have the enforcement to deal with it, and, Mr. Speaker, we need to continue . . . if the Gover nment is not willing to take the next step and consider mandates for critical industries with vaccines, we need to continue a persuasion programme so people understand what it is about. An interesting fact, Mr. Speaker, and I will close with this in my comments here and allow other people to speak. An interesting fact that came across recently on the news media [is] that over half of the people in the world have now been vaccinated f or COVID -19. So, if vaccinations did not work, how would it spread that quickly, that far throughout the world, Mr. Speaker? We still have a lot of work to do, there is no doubt about it, but vaccines do work. Our statistics in Bermuda have shown that vacc ines are working and helping to keep us safe. And the Minister has highlighted the fact that those who are vaccinated are much [more] likely to have a less severe case of COVID -19. So, vaccines do work, Mr. Speaker. And the last thing I will say as we go i nto this, reflecting back on where we started in March of 2020, and it is quite a blur through this period because we have seen COVID -19 morph into different variants, we have seen restrictions in place, our lives change, but reflecting back into March of 2020 when the Gover nment had daily press conferences and people were glued to the radio, glued to the TV screen or on their phone or on their laptop looking for the updates, people were concerned, people were frightened, people were looking for direction, looking for the latest advice on what to do, how they should live their lives, how they could improve the position they were in. And quite naturally, as you go from a spike into a downturn and life can get back on a better plane, as we exper ienced in the m iddle of July, the information that Government put out to the people became less and less. But the press conferences just dried up and died away. And as we had talked about two weeks ago when we had a session in the House and we questioned the Honourable Premier at the time, Members of the Opposition would love to see more regular press conferences where information is given out, wherein, as real time as we can get, stats on COVID - 19 cases are given out, because, Mr. Speaker, that stat in itself of daily C OVID -19 cases opens people’s eyes, makes them pay attention, and makes them understand just how critical the situation is. And now we are still in this spike. We would like to hear more from the Premier and the Minister of Health. And we know they are livi ng very busy lives and we know it has been taxing on them for the many months that they have been on it. That is the only thing that is on their minds. Probably 90 per cent of every day has been COVID -19, and they would like to change to get onto some other business that is i mportant, Mr. Speaker. However, when we are in a pandemic that might not be the case. But we would like to see more regular information given out of where we stand; real time stats. And now that testing seems to be able to . . . and I thank the laboratory diagnostics team for getting results. We seem to be getting back to a more updated position through the long nights they have worked. People will stay in line with the direction we need to go.
The SpeakerThe SpeakerJust be mindful there is a 20 -minute presentation for each Member. Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerOh, yes, you are the Shadow Minister, you get 30 minutes. Hon. Michael H. Dunkley: I have got 30 minutes and I was —
The SpeakerThe SpeakerYou were just coming up on t he 20, so I was about to remind you, but you have got another 10, okay, go ahead. Bermuda House of Assembly Hon. Michael H. Dunkley: Yes, Mr. Speaker, and I was not going to use it all because I was just wrapping …
You were just coming up on t he 20, so I was about to remind you, but you have got another 10, okay, go ahead.
Bermuda House of Assembly Hon. Michael H. Dunkley: Yes, Mr. Speaker, and I was not going to use it all because I was just wrapping up. And I will not repeat myself to use more time, as is a key ploy in the House nowadays, but thank you for that intervention—
The SpeakerThe SpeakerNo problem. Hon. Michael H. Dunkley: —because I think other Members will need to know that. But my final point was going to be about the dire need for the Government to provide regular u pdates. And it needs to come from the Premier, the Leader of this country, and …
No problem. Hon. Michael H. Dunkley: —because I think other Members will need to know that. But my final point was going to be about the dire need for the Government to provide regular u pdates. And it needs to come from the Premier, the Leader of this country, and the Health Minister, who is critical to our fight against COVID -19, because that is who people want to hear from. With all due respect to the CMO and other people, their information is good and Dr. Miller has provided some key information as far as the hospital is concerned, but when the Premier of Bermuda stands in front of a microphone and the cameras roll and the Minister of Health is there, and they give upto-date stats on COVID -19 and the challenges we face with a report that is only just a couple of days old—that has to be the case—people are going to pay attention. And then you can gradually wear off that, again, once we get in a better position. But I do not think we are quite there yet, and so we need to hear the information from the Premier and the Minister of Health because that keeps people moving where we need to go, to a better place. So, with those comments, you know, quite often the Government gets a littl e bit antsy when we get too critical. I have tried to say it in the vein that we are all in this together. There are things, some of the things, that we can do better, and we must do better, Mr. Speaker, because we have been through this long enough. And now the timeline of how long we have dealt with COVID -19 has moved on and the timeline when many people think we will be finished with COVID -19 has moved on even further, we need to pull that last timeline back into check. And it is only us that can do it. I mentioned weak links before. The more weak links we have, the longer we will stay in pos itions like this, and the more opportunity it will be for COVID -19 to come back and get us. I remember a former Premier in one of our earlier debates, former Premier MP Cannonier, saying that COVID -19 does not discriminate. And that has certainly proven to be the case. We can do better. Reservedly, we support this Extension Order here today. And with those suggestions, I hope we can be in a better place. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Campbell, yes, you have the floor.
Mr. Vance CampbellThank you, Mr. Speaker. Mr. Speaker , I remember back earlier this summer, the beginning of the summer when the current extension was passed. There was some oppos ition to the extension order. There were concerns or expressions that we could easily get together, being in a small jurisdiction like …
Thank you, Mr. Speaker. Mr. Speaker , I remember back earlier this summer, the beginning of the summer when the current extension was passed. There was some oppos ition to the extension order. There were concerns or expressions that we could easily get together, being in a small jurisdiction like Bermuda. But those comments, in my opinion, Mr. Speaker, were made by people who had no idea what our paramedics, what our doctors and nurses in the Emergency and ICU departments were going through. They could have told us back then, as they can tell us now, that a minute, even an hour makes a difference in whether a person is saved or not. So, to spend days trying to organise to get an emergency meeting of the House is nonsensical when lives are at stake. So, I am glad to hear today that the Oppos ition supports the need to extend the Emergency Po wers beyond September 30. If you were in any doubt, Mr. Speaker, or an yone in the listening audience were in any doubt as to whether the situation that we find ourselves in is an emergency, then let us look at some of the numbers. Mr. Speaker, on September 7 we had 472 active cases. And that was after having reported 225 new cases on that date. So, prior to that we had 200 and something, 247 cases, we had 10 hospitalised and 35 deceased. If you fast forwar d to September 23, the most recent information, we now have 1,547 active cases, an increase of 1,075; we have 58 as opposed to 10 hospitalised—this is just a little more than two weeks later —we have 58 hospitalised, an increase of 48, that is 3 per day on average, an i ncrease of 67 per day in active cases. And we now have 45 deceased, an increase of 10, almost one a day. If that does not constitute an emergency situation, then, Mr. Speaker, I do not know what would ac-tually constitute that. Mr. Speaker, we hear or we will read today in the local newspaper a plea from doctors for people to get vaccinated. These are people, these are doctors, their patients have trusted them, who for some reason or another do not trust them when it comes to this vaccine. Ther e is a plea. And with your indulgence, Mr. Speaker, I would like to read some of what they say.
The SpeakerThe SpeakerContinue on, Member. 1984 24 September 2021 Official Hansard Report Bermuda House of Assembly Mr. Vance Campbell: They say that their hearts are breaking. They say, 1“‘You trust us with your lives and the lives of your loved ones every day —for which we are honoured and thankful. “‘Using that …
Continue on, Member.
1984 24 September 2021 Official Hansard Report
Bermuda House of Assembly Mr. Vance Campbell: They say that their hearts are breaking. They say, 1“‘You trust us with your lives and the lives of your loved ones every day —for which we are honoured and thankful. “‘Using that same trust, please get vaccinated. We ask this from the bottom of our hearts. “‘We ask this with all the earnestness we have from dedicating our lives to keeping you safe and well to the best of our ability. “‘Our hearts and minds are heavy. “‘We are tired, worried, scared, not only for ourselves but for our patients, many of whom are facing the biggest challenge of their lives. “‘We are holding the worry of those who are sick an d the sorrow of those who have also lost a loved one. “‘We have lost patients we have treated for decades.”’ So, it is unprecedented to have a plea such as that from the medical profession that is quite personal and based in real lives, real people, ever yday people. Today we have in that same newspaper a business owner expressing how he believes that the vaccine protected him from the worst that the COVID -19 infection could bring. Yet we still have people who are hesitant. You look at the stats, Mr. Speaker, from the schools where parents have been asked for some time now to give their consent for their kids to take the saliva test. And you have some schools as low as 38 per cent, where only 38 per cent of the parents have consented. The Government is try ing to protect our kids in school so that they can return to school. I know, Mr. Speaker, my kids are suffering, their educ ation is suffering with this remote learning. My kids have no challenge in learning, but they are not lear ning as much, the teacher i s unable to read their faces to see if they are grasping a concept or not through this remote learning. But yet we have some parents who hesitate in granting permission for their children to be tested so that we can, at the right moment, r eturn to school. I want to thank those parents of the schools who have, the parents who have granted permission. Some schools have as high as 87 —these are primary schools —87 per cent. Our two public high schools stand at 59 [per cent] and 60 per cent. That is not good eno ugh. That is not good enough. We must do better. But Mr. Speaker, I do support an extension of the emergency powers. We are in a state of emergency. I would like to see greater enforcement of those who violate the regulations. Enforcement, as we all know, does not rest within the remit of the Gover nment, that is something for the courts, but the officers of the courts need to do their job in enforcing.
1 Royal Gazette 24 September 2021 I want to encourage everyone to get vaccinated so that we, as a country, can see and realise less death, less sickness, less pain and start to see pr ogress in the rebuilding of our economy with the return of kids to school, return of tourists to our shores, and times that we can consider to be happier times. So, thank you for those few minutes, Mr. Speaker . And I wholeheartedly support the extension of the emergency powers granted by this Bill. Thank you.
The SpeakerThe SpeakerThank you, MP Campbell. Would any other Member wish to make a contribution at this time? Any other Member? Would any other Member like to make a co ntribution before the Minister is called on? Minister, there appears to be no one else. Hon. Kim N. Wilson: Okay, thank you, …
Thank you, MP Campbell. Would any other Member wish to make a contribution at this time? Any other Member? Would any other Member like to make a co ntribution before the Minister is called on? Minister, there appears to be no one else.
Hon. Kim N. Wilson: Okay, thank you, Mr. Speaker. I am having a bit of a technical problem. Can you hear me, Mr. Speaker?
The SpeakerThe SpeakerWe can hear you; we can see you. Hon. Kim N. Wilson: Okay, thank you, Mr. Speaker. And I thank Honourable Members for their contributions. I just want to add before I just move to have this Order approved, that we have been living this for over 18 months. And …
We can hear you; we can see you. Hon. Kim N. Wilson: Okay, thank you, Mr. Speaker. And I thank Honourable Members for their contributions. I just want to add before I just move to have this Order approved, that we have been living this for over 18 months. And as both of the Members who spoke prior to me reiterated, there are persons that . . . I am not sure why they are not getting the messaging. The guidance has not really shifted. We actually have our own selves to blame. In essence, we have let down people, really, becaus e there are people that are sick and dying, many of whom, because of their own medical frailties or compromised autoimmune [system], et cetera, are challenged. And we are the ones who are supposed to be responsible to ensure that we are vaccinated to help to protect them. We are the ones that are supposed to be r esponsible to help to protect the children who are not eligible to get vaccinated where we are seeing the spreads. I do not even know what more to say. I echo a lot of the sentiments that were share d by MP Dunkley as well as MP Vance Campbell. We have ourselves to blame. We have to get to a point of personal responsibility because, regrettably, we are going to be living with COVID- 19 for quite some time. And in order to try to avoid going in this up and down cycle of waves and so forth, we all need to remember that we really are our brothers’ keeper and we can help to stave off this particular . . . the dimensions that we are going through and the distress that persons are feeling b ecause of COVID -19. You know, so many children cannot go to school, people cannot have children’s birthday parties, and churches are not regularly meeting. It has just
Bermuda House of Assembly been economically —do not even speak about that. It has just impacted us so adversely and a lot of this is preventable. That is what I think is so incredibly frustrating. I just need to say really quickly before I move this Order, Mr. Speaker, that the clinical staff at BHB are working tirelessly around the clock. As MP Dunkley said, half of the admissions —almo st half — are COVID -19. All of ICU is COVID -19. They are working—the clinical staff, the doctors and the nurses, and all the supportive staff at BHB are working— around the clock. And it seems unforgiveable that they have been put in this position and that we are having to bury so many people that are our friends, our fam ily, and our loved ones because people do not want to take advantage of something that has been provided to them for free and that is the vaccination. I implore each and every one of us to speak to your doctor. If you have questions about the vaccination, if you have questions about its efficacy, if you have questions about how it is made scientifically, the evidence that supports it, speak to the doctor that you trust, the same doctors that are working at the hospital mind you. In any event, Mr. Speaker, there was a question that was with respect to the targeting of the vac-cines. And to the greatest respect to MP Dunkley, the targeting is actually towards the gaps and it is not his age group; it is the younger age group. So our vaccine strategy is targeting the under -30-year-olds through social media campaigns, radio ads, pop- ups and so forth, most recently at Washington Mall. We are tar-geting that particular age group where the gaps are, as we ll as focusing our targeting on the eligible school -age children. So, those efforts will continue. You would note that we did more vaccinations a couple of days ago and we will continue to do our best to roll out more vaccinations and get more people i mmunised so that we can reach those magic numbers of herd immunity. And with that, Mr. Speaker, I thank the Ho nourable Members for their contributions, and I move that the said Draft Order be approved and that a sui table message be sent to Her Excellency the G overnor. Thank you.
The SpeakerThe SpeakerThank you. Are there any objections? There are no objections to that. Minister, the said Order will be prepared, and a message sent to the Governor. Thank you, Minister and Members for your contributions on that matter . [Motion carried: The Public Health (COVID -19) Emergency Extension (No. 5) Order …
The SpeakerThe SpeakerWe now move on to the next matter on the Order Paper for today, which is the third reading of the . . . actually, it is the consideration of the Procl amation made by Her Excellency the Governor, in exercise of the power conferred on the Governor by section …
We now move on to the next matter on the Order Paper for today, which is the third reading of the . . . actually, it is the consideration of the Procl amation made by Her Excellency the Governor, in exercise of the power conferred on the Governor by section 4 of the Public Holidays Act 1947. I believe it is the Premier who is moving this matter. Premier?
[Pause]
The SpeakerThe SpeakerPremier? Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. E. David Burt: Can you hear me?
The SpeakerThe SpeakerI can hear you. Hon. E. David Burt: Can you hear, Mr. Speaker?
The SpeakerThe SpeakerYes, we can hear you. Hon. E. David Burt: Can you see me, Mr. Speaker? The S peaker: I see you, yes. Hon. E. David Burt: Thank you. Mr. Speaker, I move that consideration be given to the Draft Proclamation entitled “The Procl amation proposed to be made by Her …
Yes, we can hear you. Hon. E. David Burt: Can you see me, Mr. Speaker? The S peaker: I see you, yes.
Hon. E. David Burt: Thank you. Mr. Speaker, I move that consideration be given to the Draft Proclamation entitled “The Procl amation proposed to be made by Her E xcellency the Governor in exercise of the power con ferred on the Govern or by section 4 of the Public Hol idays Act 1947 and acting in accordance with the advice of the Cabinet declaring Monday, 18 October 2021 to be a public holiday.”
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Premier. PROCLAMA TION BY HER EXCELLENCY THE GOVERNOR IN EXERCISE OF THE POWER CONFERRED ON THE GOVERNOR BY SECTION 4 OF THE PUBLIC HOLIDAYS ACT 1947 PUBLIC HOLIDAY —FLORA DUFFY DAY Hon. E. David Burt: Thank you very much, Mr. Speaker. …
Are there any objections to that? No objections. Continue, Premier.
PROCLAMA TION
BY HER EXCELLENCY THE GOVERNOR IN EXERCISE OF THE POWER CONFERRED ON THE GOVERNOR BY SECTION 4 OF THE PUBLIC HOLIDAYS ACT 1947
PUBLIC HOLIDAY —FLORA DUFFY DAY
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, there is a well -known saying which aptly describes t his measure now to be taken under consideration by this Honourable House: To every cloud there is a silver lining. Mr. Speaker, there can be no doubt that the world has lived under a cloud of fear, uncertainty, grief and anxiety since March of 2020 and the declaration 1986 24 September 2021 Official Hansard Report
Bermuda House of Assembly of the global pandemic. Silver linings have been far and few between. Mr. Speaker, in the midst of all that we have endured, Bermuda was afforded more than a silver lining, but one of gold. In the early evening of July 26 the people of Bermuda joined the whole world and watched in amazement as a young woman born in Paget dominated the world stage in Tokyo. The journey from Warwick Academy to the Olympic podium is an incredible one and has now become the stuff of sporting legend. Mr. Speaker , Flora Duffy has dominated the world of triathlon such that her name is now synon ymous with the sport. Many have run out of superl atives to describe her achievements, but there is unan-imous agreement on their significance. Mr. Speaker, this Honourable Ho use is invited today to add its own voice to the chorus of accolades by supporting the invitation to Her Excellency the Governor to make October 18, 2021 a public holiday to mark the extraordinary success of Flora Duffy in the winning of a gold medal at the 2020 Olympics which were held in 2021. Mr. Speaker, the record of Ms. Flora Duffy’s accomplishments is clear. In April 2018, Ms. Duffy won the first gold medal of the 21 st Commonwealth Games in the Gold Coast of Australia— Bermuda’s first female Commonwealth gold medallist. Duffy is the only person to win three triathlon world titles in the same year in 2016, claiming WTS, ITU Cross Triat hlon and XTERRA titles in close succession. Duffy is the only triathlon in world triathlon series history to post the f astest swim, bike and run portions in the same race. And Flora Duffy holds the record for the largest winning margin in both Olympic and Sprint di stance races in a WTS event. Finally, Mr. Speaker, Fl ora Duffy is the only triathlete in the world, male or f emale, to win five XTERRA World Championships. Mr. Speaker, there can be no doubt that a country that has marched into the record books on the strength of this Olympic success should appropriately celebrate the achievement with a public holiday. Mr. Speak er, no story in Bermuda stands on its own. The nature of our history is such that inevit ably there is another dimension to which we must have regard. Until July 2021 Bermuda had only one Oly mpic medallist in a boxing ring in Montreal in 1976. Clarence Hill , likewise, brought prominence to this Island with his bronze medal. Mr. Speaker, I was not yet born, but I know the tragedy of the then Government’s failure to proper ly celebrate Clarence Hill’s success. Since that time, successive governments have attem pted to make amends for that failure. We cannot rewrite hist ory, Mr. Speaker, but we can make sure that the story does not end with a failure but culminates in fulfilment. Bermuda has two Olympic medallists —one gold, one bronze—that is remarkable by any measure and any story told of Olympic success will, by definition, i n-clude reference to both. They complement each other and demonstrate to us the value of investment in sports, in true talent, and the consequences when we fail to do so. Mr. Speaker, Honour able Members will be aware that, regrettably, the triathlon event, which should have served as a backdrop to this proposed celebration, has been postponed owing to the current outbreak of the coronavirus. The reality of our current public health situation means that we may not have what we planned, but we will still do what we can to celebrate. My colleague, the Minister of Youth, Culture and Sport, has outlined in the other place the pr oposals for the day and I am pleased to advise this Honourable House that the Cabinet has now received recommendations for the naming of a significant loc ation in Bermuda which will form the focal point for the day’s observances. Mr. Speaker, I am satisfied that the chosen location will be an eminently suitable site commens urate with the international importance of the achiev ement. Mr. Speaker, as I commend this measure for the consideration of the House, I do so with some pride. With the exception of yet another convincing Somerset victory just a few days after this Olympic gold, we have not had much to cheer for in the last 18 months. This achievement and our collective ability to celebrate it, provides a rare silver lining to the clouds that have often threatened to overwhelm us. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Does any other Member wish to make a contribution at this time? Hon. N. H. Cole Simons: I— Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerI . . . I— Hon. Derrick V. Burgess, Sr.: Sorry, I will yield to the Leader of t he Opposition.
The SpeakerThe SpeakerOkay. Opposition Leader, the Deputy has yielded to you. You have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I endorse most of the comments said by the Premier. We in the Opposition have no objection to the pr oclamation providing a holiday of October 18 for …
Okay. Opposition Leader, the Deputy has yielded to you. You have the floor.
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I endorse most of the comments said by the Premier. We in the Opposition have no objection to the pr oclamation providing a holiday of October 18 for Flora Duffy. I take the view, and I think most of my colleagues take the view, that Flora’s achievement at the Olympics brought light into our darkness during our difficult times. You know, she gave some ex citement to the community, she brought the community toget hBermuda House of Assembly er, and it was a pleasant distraction from the COVID - 19 challenges that we have been facing for the past 18 months. As I said before in another press stat ement, when she ran, when she rode that bik e, when she swam, she had the whole country with her, beside her, in front of her, and behind her. She was a determined young lady. She showed what Bermudians can do when we put our mind in the positive space and we do the work that is required to achieve excellence. As a youngster, I have been told, she always wanted to go to the Olympics. And, in fact, a few of her coaches said that she would go to the Olympics. And I think it was that determination, that commitment and more importantly, that mental strength, that mental determination because competing at that level, I am told, that it is not just physical capabilities, it is mental capabilities, mental strength and discipline that will carry you beyond your physical boundaries. As was said earlier, she is a global role mo del. She has five world championships from the Inter-national Triathlon Association. She also has a gold from the Olympics and a gold from the Commonwealth Games. And as the Premier said, there is no other person in this world that can be saluted for achieving such high levels of success. So, Mr. Speaker, she is a role model for all Bermudians, for all young people, in that it is not the size of the population of a country that can make a difference, it is commitment, resources and suppor t and good training that can take us to world- class le vels and world- class success. So, I have no problem, the Opposition has no problem, in supporting this Proclamation. I would also go one step further and recommend . . . and we have no problem with nam ing a building or a street after Flora Duffy, but I would go one step further and make it a standard that if any of our athletes reach worl dwide acclaim, such as in the Olympics and other world championships, that they be considered for highranking Queen’ s awards. And I think that privilege should also be extended to Clarence Hill. He was our first and, to me, there is no reason why he could not be recognised for a Queen’s award at the same time as Flora Duffy is. It is done in the UK all the time where th e Queen’s awards are based and issued. You will find that most of the athletes, the Olympic at hletes, and the world championship athletes, have been recognised by the Government and the Queen. And so, I am suggesting this same recognition be bestowed on both Clarence Hill and Flora Duffy. So, Mr. Speaker, on those few comments, we in the Opposition support the Proclamation made by Her Excellency the Governor in exercising the power conferred on the Governor by section 4 of the Public Holidays Act 1947. Thank you.
The SpeakerThe SpeakerThank you, Opposition Leader. Would any other Member wish to make a contribution at this time? Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker, yes.
The SpeakerThe SpeakerYes, Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I, too, endorse the remarks of the Premier David Burt and the Opposition Leader Cole Simons. But before I talk about my cousin Flora, let me just remind people of some other Bermudian athletes, not very …
Yes, Deputy Speaker.
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I, too, endorse the remarks of the Premier David Burt and the Opposition Leader Cole Simons. But before I talk about my cousin Flora, let me just remind people of some other Bermudian athletes, not very many. There w as Burnell Williams Muhammad in the 1960s that went on to, I think it was, New York and won the most muscular body in the world in the 1960s. And then you had in the 1970s, I believe it was, Baldy Hansey, who competed in the New York Marathon and he was l eading the race and he took a wrong turn and then when he discovered he had taken the wrong turn he turned back and he eventually came in seventh. But some weeks later the guy that won the race came to Bermuda and raced Baldy in a marathon and Baldy Hansey beat him. Also let me not forget, I recall Sir Dennis Wainwright. Dennis Wainwright played top- class standard cricket in Bermuda—and football —plus during that time building a house. Up to today I wonder how guys like Dennis Wainwright, Sir [Calvin] “Bum-my” Symonds, and others were able to achieve all that because, you know, that is playing sports all year round. They did a great job entertaining Bermuda and even for our overseas tourists. And I can tell you, I am quite sure about this, Dennis Wainwright has probably got one of the best averages in batting in runs, getting runs, performing overseas. And at one time, I think it was, Sir Garfield Sobers, said that if he could, he would have Dennis Wainwright playing wicketkeeper for the West Indies, if he could. So, we have had some great athletes in Bermuda. And Flora Duffy, my hat goes off to her b ecause to reach that standard that she reached, it does not take one or two years of training, it takes years of training, it takes years of drinking, eating and sleeping to get to that standard. When she took that run, you could see she was operating on the whole six cyli nders, there was no misfiring or anything. She was smooth, she was confident, and she looked fresh. And so, I support the holiday for Flora Duffy , I support in honouring her, and Cousin Clarence. So, Mr. Speaker, I am happy to be able to support this here because I think that is . . . I know that is what is worthy for us to do. Thank you, Mr. Speaker.
1988 24 September 2021 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you, Deputy. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Swan, you have the floor.
Mr. Hubert (Kim) SwanThank you, Mr. Speaker. Mr. Speaker, I just want to join in with the celebratory comments in supporting the Bill, the Procl amation, and the whole sentiment around recognising world excellence by a Bermudian on this occasion and in this manner. And yes, the efforts of Flora Duffy are already, …
Thank you, Mr. Speaker. Mr. Speaker, I just want to join in with the celebratory comments in supporting the Bill, the Procl amation, and the whole sentiment around recognising world excellence by a Bermudian on this occasion and in this manner. And yes, the efforts of Flora Duffy are already, Mr. Speaker, reaping benefits for Bermuda from a tourism perspective with our global awareness which, as we position ourselves to regain our place in the world as a tourism destination, will be enhanced when people know where we are. And with Flora Duffy placing Bermuda on the world stage throughout that triathlo n in the Olympics this year, the world was focused on this tiny Island in the middle of the North Atlantic Ocean. And for that we are grateful and, as a people, we will celebrate. As an athlete myself, Mr. Speaker, I can tell you that there is no greater thing to have in your midst than excellence being performed, to inspire others, others who, in these times of a global pandemic which is gripping our country, need something positive to latch onto. And celebrating the excellence demonstrated by Flora Duffy is certainly beyond well worth it, it presents us an opportunity for us to encourage our citizenry to aspire to that same excellence and for us, as a government and a people, to do all that we can to support those efforts in the making. Yes, it takes a l ot of support in order to r eceive that type of training that goes along with achieving that type of excellence. And it is important for us, at the youngest of ages, to recognise and spot the talent. But notwithstanding that, Mr. Speaker, it takes an inner ability, beyond excellence, for someone to suffer on whilst they are in the lows of a sport to have the confidence in themselves in order to dwell in those spaces. And I am certain that Flora Duffy experienced that in large measure and overcame that, notw ithstanding, Mr. Speaker, growing up in a small society when it is oftentimes the case when people discourage you from achieving global excellence. We in this country, as the Deputy has outlined, have many Bermudians who have punched well beyond their weight and placed us in significant positions globally. And I think it is an opportunity for us in cel ebrating the recent accomplishments of Flora Duffy for us to encourage persons to do likewise and to use every example possible to convey to the young people and the not so young people in our country the type of commitment that it takes, the type of mental fortitude that is required, the type of discipline and training that goes with achieving excellence, Mr. Speaker. And so, in supporting the efforts of my G overnment in this recognition and in the celebrations in the months and years to come that go along with it, let us not lose the opportunity in all the disciplines. And let me say this, Mr. Speaker. Many years ago sport in Bermuda was very limited to only a few sports where excellence was practiced and celebrated and able to take overseas. We have had a growing number of disciplines and persons participating in many sports across the board—far more today than what would have existed 50 years ago. So it is not an easy task to [give] all of the support necessary. Thankfully, there are philanthropic and charitable foundations that come along in Bermuda and assist that as we go along. It cannot be done by government and government alone. But on this occasion, w ith the global achiev ement of Flora Duffy there will be many opportunities for us to communicate how important it is for persons to practice what she practiced that can still help them in their daily lives —the discipline of a proper diet, the difficulty in maintaining a proper diet, the importance of being . . . of practicing consistently, the importance of being persistent no matter what, no matter how you feel, and the importance of being consistent in what you do and how you carry out what you do. Notwit hstanding that, sport, Mr. Speaker, also provides the opportunity, as the great Jim Woolrich (the commentator) used to say, it builds character among people. And all the sports that are available . . . sport is sport in my estimation. I teach it as a practitioner, Mr. Speaker. And thankfully I still am able to participate in it and am taking it more seriously today than I have ever done in decades. And I can tell you that sport brings out in you something that a lot of people do not realise and sometimes do not apprec iate they have, and it is important for us to use this opportunity to communicate to all of our people that they still have it in them to do beyond what they feel is within them. And as we grapple [with] this pandemic, as we celebrate our greatest achiever at the Olympics in this time, Mr. Speaker, let us use the opportunity to com-municate to Bermudians in all spheres that they can reach beyond what they are doing today to achieve greater excellence of what they are doing, may it be in the sporti ng field, may it be in the workplace, may it be just in simple daily life, Mr. Speaker, the opportunity is here with us now. No greater opportunity, Mr. Speak-er, than at a time like this when our people are grappling with a deadly pandemic, then we must ac t well beyond the normal, just like Flora did. We must do things of extraordinary measures for the benefit of ourselves and our people, just like she is doing and encouraging us to do, Mr. Speaker. So, as we celebrate her during a pandemic, let us take adv antage of the opportunity —more needBermuda House of Assembly ed than ever —to convey the importance of our people to reach deeper than they have ever dug before to do things for themselves unselfishly to help us go through this whole pandemic, Mr. Speaker, in a far greater way than what we are doing at the present. I support this initiative, these measures, Mr. Speaker. I celebrate her excellence and will continue to celebrate her excellence and congratulate her and her family and all those who supported her, for allo wing Bermuda, this tiny gem, to once again shine in the world, punch well above its weight, and at the same time communicate to people that there is no [better] place in the world to be than our glorious Bermuda. Thank you, Mr. Speaker, those are my contr ibutions.
The Sp eaker: Thank you, Honourable Member. Does any other Member wish to make a contribution at this time? Any other? None. Premier. Hon. E. David Burt: Mr. Speaker, thank you and I thank Honourable Members for their consideration and their comments. And Mr. Speaker, I move that the said Draft Proclamation be approved and that a suitable mes-sage be sent to Her Excellency the Governor.
The SpeakerThe SpeakerAre there any objections? There are none. The matter has been approved and the appropriate message will be sent. Thank you, Members, for your participation on that matter. [Motion carried: The Proclamation by Her Excellency the Governor in exercise of the power conferred on the Governor by section 4 of …
Are there any objections? There are none. The matter has been approved and the appropriate message will be sent. Thank you, Members, for your participation on that matter.
[Motion carried: The Proclamation by Her Excellency the Governor in exercise of the power conferred on the Governor by section 4 of the Public Holidays Act 1947 was considered by the whole H ouse and a pproved.]
The SpeakerThe SpeakerWe now move on to [Order] No. 4 on the Order [Paper] which is the second reading of the Segregated Accounts Companies Amendment Act 2021 in the name of the Minister of Finance. Minister. Hon. Curtis L. Dickinson: Mr. Spe aker, I move that the Bill entitled the Incorporated Segregated …
We now move on to [Order] No. 4 on the Order [Paper] which is the second reading of the Segregated Accounts Companies Amendment Act 2021 in the name of the Minister of Finance. Minister.
Hon. Curtis L. Dickinson: Mr. Spe aker, I move that the Bill entitled the Incorporated Segregated Accounts Companies Amendment Act 2021 [sic] be now read the second time.
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Minister. BILL SECOND READING INCORPORATED SEGRE GATED ACCOUNTS COMPANIES AMENDMENT ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present to this Honourable House the Incorporated Segregated Accounts Companies Amendment Act 2021. This Bill will amend the Incorporated Segrega …
Are there any objections? There are none. Continue, Minister. BILL
Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present to this Honourable House the Incorporated Segregated Accounts Companies Amendment Act 2021. This Bill will amend the Incorporated Segrega ted Account s Companies Act 2019, commonly referred to as the ISAC Act, to enable registration of an incorporated segregated account as a company at the time of initial registration under the ISAC Act and to stream line the process for registration of a digital asset business as ISACs. The Bill makes other changes in consequence of the substantive amendments to the ISAC Act. Mr. Speaker, the ISAC Act introduced ISACs as a new corporate structure in response to market demands for a product to compete with incorporated cell company structures offered in competitor jurisdi ctions. One of the most important features of the ISAC product is the ability to segregate assets and liabilities amongst an ISAC and its incorporated segregated accounts, also know n as ISAs. Once an ISAC is registered under the Act, it can register and operate individual ISAs as needed to diversify investors and lines of business and to mitigate risk. Each ISA is a legal person with the rights, powers and privileges of a natural person that exists separat ely from those of the ISAC. Mr. Speaker, shortly after the ISAC Act b ecame operational, it was noted that the Act did not provide for ISAs to be registered as companies go verned by the Companies Act. Currently, for an ISA to be registered as a company, it s prior registration under the ISAC Act must be cancelled, the ISAC Act will no longer apply and the company would be governed solely by the Companies Act. The inability to register ISAs as companies has caused significant concerns among industry represent atives about the potential for legal uncertainty in foreign courts, particularly within the insurance sector. Mr. Speaker, this Bill will resolve industry concerns by clarifying the status of ISAs as companies at the time of initial registration. As such, it will no longer be necessary for an ISA to cancel its registration under the ISAC Act to become a company. Each ISA will be incorporated as a company governed by the Companies Act and registered as an ISA under the ISAC Act. Mr. Speaker, the ISAC Act is also amended to enable an ISA to continue operations as a company once the registration under the ISAC Act is cancelled. The now former ISA can continue operating as an i ndependent company governed by the Companies Act. The assets, liabilities, rights and obligations of the ISA 1990 24 September 2021 Official Hansard Report
Bermuda House of Assembly will continue to be those of the independent company. The flexibility is essential to ensuring that the ISAC product remains as versatile as possible. Mr. Speaker, in addition to the changes r egarding the ISAs, the Bill will amend the ISAC Act to enable digital asset businesses to register as ISACs without the need for approval by the Minister of F inance. Currently, only insurance businesses and i nvestment funds may register as ISACs without first obtaining ministerial approval. As Honourable Members are aware, digital asset businesses, like insur-ance businesses and investment funds, are regulated financial institutions supervised by the Bermuda Monetary Authority. This amendment will streamline the process for registering a digit al asset business as an ISAC. The change in process is supported by both the BMA and industry representatives and is consistent with existing government policy. Finally, Mr. Speaker, changes are proposed to the Companies Act 1981 and Government Fees Regu lations 1976. These amendments are simply a consequence of the amendments to the ISAC Act r egarding registration of ISAs as companies and conti nuation of a former ISA as a company governed under the Companies Act. Mr. Speaker, the Bill we are debating toda y will enhance Bermuda’s ISAC product and make it more competitive with similar offerings in other juri sdictions. I would like to thank the technical officers in the Ministry of Finance, Cabinet Office, Economic D evelopment Department, Attorney General’s C hambers, the Bermuda Monetary Authority, and members of the private sector who worked on 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, M r. Speaker.
The SpeakerThe SpeakerOpposition Leader, you have the floor. Hon. N. H. Cole Simons: Mr. Speaker, I will be very, very brief on this. I have had a thorough discussion on both pieces of legislation with one of the technical ad-visers and I am satisfied that the structure is sound. And the fact …
Opposition Leader, you have the floor.
Hon. N. H. Cole Simons: Mr. Speaker, I will be very, very brief on this. I have had a thorough discussion on both pieces of legislation with one of the technical ad-visers and I am satisfied that the structure is sound. And the fact that it is driven by industry, and it will help Bermuda in its competitive edge in regard to the f inancial services industry leads me to support it. I am also comforted by the fact that the ISACs are basically over seen by the Registrar of Companies when they are incorporated and all the protocols and business requirements under the Companies Act are adhered to and that the KYC/AML issues required are adequately addressed. I am also comforted by the fact that if thes e ISACs have insurance business or digital asset business or investment business, they are also cross- checked in regard to the Insurance Act and Business Investment Business Act and the Digital A sset legislation that we also have on our books. So, there is a cross- check from a business point of view and there is the digital compliance from a corporate point of view under the Companies Act. So, I am comfortable with these changes, Mr. Speaker, and have no objection to supporting and endorsing this legislati on. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Opposition Leader. Does any other Member wish to make a contribution at this time? There are none. Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. With that I move that the Bill be com mitted.
The SpeakerThe SpeakerThank you. Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 3:50 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL INCORPORATED SEGREGATED ACCOUNTS COMPANIES AMENDMENT ACT 2 021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled [Incorporated Segregated A ccounts C ompanies Amendment Act 2021] . Minister Dickinson, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Incorporated Segregated A …
Honourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled [Incorporated Segregated A ccounts C ompanies Amendment Act 2021] . Minister Dickinson, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Incorporated Segregated A ccounts Companies Act 2019 to provide that an incorporated segregated account is a compan y. This Bill also seeks to amend the Companies Act 1981 and the Government Fees Regulations 1976. Mr. Chairman, I move all clauses.
The ChairmanChairmanContinue, Minister. Hon. Curtis L. Dickinson: Clause 1 provides a title for this Bill. Clause 2 amends sect ion 2 of the Act to insert a definition of “digital asset business.” Clause 3 amends section 3 of the Act to pr ovide that a company carrying on digital asset business …
Continue, Minister.
Hon. Curtis L. Dickinson: Clause 1 provides a title for this Bill. Clause 2 amends sect ion 2 of the Act to insert a definition of “digital asset business.” Clause 3 amends section 3 of the Act to pr ovide that a company carrying on digital asset business may apply for registration as an ISAC, without the approval of the Minister being required.
Bermuda House of Assembly Clause 4 amends section 9 of the Act to pr ovide that an incorporated segregated account regi stered under the Act will be a company to which the Companies Act 1981 applies. Clause 5 inserts section 9A in the Act to empower the Registrar to issue a certif icate of incorpor ation under the Act in respect of an incorporated se gregated account. Clause 6 amends section 10 of the Act to confirm that the provisions of the Companies Act 1981 apply in relation to incorporated segregated accounts. Clause 7 amends sec tion 15 of the Act with respect to circumstances where a certificate of regi stration will be cancelled. This will include continuance of an incorporated segregated account as a company under the Companies Act 1981. Clause 8 amends section 33 of the Act to include a reference to continuance. Clause 9 amends section 38 of the Act to pr ovide for an incorporated segregated account to con-tinue as a company under the Companies Act 1981. The incorporated segregated account so continued will thereafter be governed as a company independent of its ISAC under the Companies Act 1981. Mr. Chairman, clauses 10 through 15 amend sections 39, 40, 41, 43, 53 and 61, respectively, of the Act to refer to continuance in consequence of the amendments effected to section 38. Claus e 16 effects consequential amendments to the Companies Act 1981, and the Schedule (Head 36A) to the Government Fees Regulations 1976 (which relates to fees under the Act). And Mr. Chairman, clause 17 deems an i ncorporated segregated account that exists on the day when this Bill comes into operation to be incorporated as a company thereby enabling a certificate of incorporation to be issued if it complies with section 9A. Thank you, Mr. Chairman. [Pause]
Hon. Curtis L. Dickinson: Mr. Chairman, you are on mute.
The ChairmanChairmanI am sorry. Any further speakers? Thank you, thank you, Minister. Hon. N. H. Cole Simons: No, Mr. Speaker.
The ChairmanChairmanOkay, Minister. Thank you, Mr. Simons. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 17 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 17 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 17 passed.] The Deputy Clerk: Excuse me, Mr. Chairman. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanWell, we have got 20, you forgot the rest of them because we have got . . . you have done 1 through 17 and you have got 28. The Deputy Clerk: I think you may be re ferring to the Bill entitled the “Incorporated” Segregated Accounts. Hon. N. H. …
Well, we have got 20, you forgot the rest of them because we have got . . . you have done 1 through 17 and you have got 28. The Deputy Clerk: I think you may be re ferring to the Bill entitled the “Incorporated” Segregated Accounts. Hon. N. H. Cole Simons: That is what we are doing.
The Deputy Clerk: Okay, because we were under the impression that we are doing Segregated Accounts.
The ChairmanChairmanYes, yes. The Depu ty Clerk: Okay, so we are doing the Incorporated Segregated—
The ChairmanChairmanSo we are doing the Incorporated one, okay. That is fine. The Deputy Clerk: That is [Order] No. 5.
The ChairmanChairmanYes. The Deputy Clerk: Okay, just make that clear to ev erybody —
The ChairmanChairmanYes. The Deputy Clerk: —that we are doing [Order] No. 5 and not [Order] No. 4.
The ChairmanChairmanThank you, Mr. Somner. We are doing [Order] No. 5 the Incorporated Segregated Accounts Companies Amendment Act 2021. Sorry, Minister. Will you d o that again? I am sorry. Hon. Curtis L. Dickinson: Okay. Just to be clear, Mr. Chairman, is the Oppos ition Leader and I . . . …
Thank you, Mr. Somner. We are doing [Order] No. 5 the Incorporated Segregated Accounts Companies Amendment Act 2021. Sorry, Minister. Will you d o that again? I am sorry.
Hon. Curtis L. Dickinson: Okay. Just to be clear, Mr. Chairman, is the Oppos ition Leader and I . . . are we on the same page here?
Hon. N. H. Cole Simons: I thought you were doing the Incorporated Segregated Companies.
Hon. C urtis L. Dickinson: ISAC, that is what I have been doing.
1992 24 September 2021 Official Hansard Report
Bermuda House of Assembly The Chairman: Yes, you are on the same page.
Hon. N. H. Cole Simons: And that is what I spoke to.
The ChairmanChairmanYes, we were going by this schedule, but that is fine. We were going in numerical order, but that is fine. The Deputy Clerk: We will just come back and do the Segregated Accounts after this.
The ChairmanChairmanYes. So, you can move that again, Minister, so we can— Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approv ed.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been m oved 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 Incorporated Segregated A ccounts Companies Amendment Act …
It has been m oved 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 Incorporated Segregated A ccounts Companies Amendment Act 2021 was consi dered by a Committee of the whole House and passed without amendment.]
The ChairmanChairmanMr. Speaker. House resumed at 4: 05 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE INCORPORATED SEGRE GATED ACCOUNTS COMPANIES AMENDMENT ACT 2021
The SpeakerThe SpeakerYes, Deputy, thank you. And Minister, before I move anything, let us get clarity here. I had, opened this matter as [Order] No. 4, but it sounds like you have dealt with [Order] No. 5. Hon. Derrick V. Burgess, Sr.: Yes.
The SpeakerThe SpeakerOkay. So — Hon. Derrick V. Burgess, Sr.: You have got it right.
The SpeakerThe Speaker[Order] No. 5 was dealt with, so we still have to come back and do [Order] No. 4. Correct, Minister? Hon. Derrick V. Burgess, Sr.: Yes. Hon. Curtis L. Dickinson: That is correct.
The SpeakerThe SpeakerOkay. So, the reporting back to the House right now is the reporting of [Order] No. 5, which is the Incorporated Segregated Accounts Companies Amendment Act 2021. Are there any objections to that being repor ted as printed? Hon. N. H. Cole Simons: No.
The SpeakerThe SpeakerThere are none. The matter has been reported as printed. Now we will go back to where I started, [O rder] No. 4, Segregated Accounts Companies Amendment Act 2021 in the name of the Minister of Finance. Now, I had to do that just for the clarity of the record. …
There are none. The matter has been reported as printed. Now we will go back to where I started, [O rder] No. 4, Segregated Accounts Companies Amendment Act 2021 in the name of the Minister of Finance. Now, I had to do that just for the clarity of the record. Hansard records what was said, and it would have recorded that we had started the other item as [Order No.] 4, but we finished it as [Order No.] 5. So, for the clarity of Hansard that exercise had to be cleared up. So, Minister, would you like to now introduce [Order] No. 4? Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Segregated Accounts Companies Amendment Act 2021 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Minister. BILL SECOND READING SEGREGATED ACCOUNTS COMPANIES AMENDMENT ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, the Bill ent itled Segregated Accounts Companies Amendment Act 2021 will make two substantive amendments to the Segregated Accounts Companies Act 2000. This Bill will …
Are there any objections to that? No objections. Continue, Minister.
BILL
SECOND READING
SEGREGATED ACCOUNTS COMPANIES AMENDMENT ACT 2021
Hon. Curtis L. Dickinson: Mr. Speaker, the Bill ent itled Segregated Accounts Companies Amendment Act 2021 will make two substantive amendments to the Segregated Accounts Companies Act 2000. This Bill will introduce new requirements concerning the appointment of segregated account representatives and it will enable use of the segregated account company structure (commonly referred to as a SAC) by limited liability companies governed by the Limited
Bermuda House of Assembly Liabilities Companies Act 2016. The Bill also includes changes in consequence of the substantive amendments as well as various updates to modernise the Act. Mr. Speaker, Bermuda’s segregated accounts product has evolved over time from use by companies authorised to operate segregated accounts (primarily by private act) to more wide- scale availability of the product for use by companies registered as SACs u nder the SAC Act. [The] SAC is a corporate structure which enables the legal segregation of assets and liabilities amongst different accounts operated by the SAC. While SACs are primarily used in conjunction with regulated business activities, such as insurance business and investment management, there is no limitation as to the type of business activity for which a SAC can be used, so long as it is legally permitted business activity. Likewise, a SAC can operate an unlimited number of segregated acc ounts to meet its business needs and objectives. The establishment of a segregated account does not create a separate l egal person, which is distinct from the SAC. Each account is statutorily linked to the SAC. However, the assets held by the segregated ac count are held exclusively for the benefit of the owners of that account and persons who are counterparties to any transactions linked to that segregated account. The assets of a segregated account are legally firewalled from the assets and liabilities of the SAC and any other segr egated account and are available to satisfy liabilities to the owners and creditors of only that segregated account. Mr. Speaker, the result of this framework is that a single SAC can diversify business lines, assets, creditors and risks without having to register and o perate separate companies to do so. Segregated account owners may also be different from the beneficial owners of the SAC. While this duality of ownership might seem contrary to the nature of a segregated account as not being a separate legal person from the SAC, it is an important and distinct feature that is directly related to the intended purpose and flexibility of the SAC product. Mr. Speaker, unfortunately, this aspect of the SAC structure has resulted in transparency concerns surrounding the account owners of segregated ac-counts. Since segregated accounts are not companies, limited liability companies or partnerships, they are not subject to the standard process for registering a business. Segregated accounts are not subject to Bermuda’s beneficial owner framework and the stat utory definition of an account owner is not, in any way, linked to that of a beneficial owner. Following its review of the SAC structure, the Caribbean Financial Action Taskforce recommended changes to the SAC framework in the January 2020 Mutual Evaluation Report for Bermuda. The reco mmended actions were intended to address the con-cerns regarding transparency of ownership of segr e-gated accounts, specifically, CFATF recommended that SACs be required to utilise persons who are subject to regulation under Bermuda’s Anti -Money Lau ndering/Anti -Terrorist Financing framework to serve as SAC representatives. The requirement to appoint a SAC representative and the duties of such persons is set out i n section 10 of the SAC Act. Currently, SAC representatives must be persons who are approved by the Minister of Finance. SAC representatives are required to make a written report to the Registrar of Companies of certain matters specified by the Act, includ ing any failure of the SAC to comply with conditions or requirements imposed by the Registrar to ensure the reputation of Bermuda. Mr. Speaker, to address the concerns raised by CFATF and in line with the recommended actions included in the 2020 Report, th is Bill will introduce the requirement that SAC representatives be persons who are regulated under Bermuda’s AML/ATF framework. The intention is to ensure that account owners are being properly vetted by the SACs for AML/ATF purposes. Since most SACs on th e register are already subject to AML/ATF regulations, the appointment of a regulated SAC representative will be optional for reg ulated SACs and those entities may choose to appoint as their SAC representative a regulated person or a person approved by the Minister of Finance. Mr. Speaker, to fully address the concerns r egarding transparency, the Registrar of Companies will use the existing authority set out in the SAC Act to impose a condition on SACs to identify and verify the identity of account owners. SAC representatives will remain subject to the requirement to make a written report to the Registrar of the SAC’s failure to comply with this condition based on the current provisions in the Act. Mr. Speaker, the approach taken in this Bill, combined with the exercise of existing legislative authority to mandate the vetting of account owners, strikes the right balance to enable effective implementation of the CFATF recommendation without imposing undue regulatory burdens in relation to the SAC product. To remain competitive, we must balance i nternational regulatory compliance with a sensible regulatory ap proach. Mr. Speaker, this Bill also includes amendments to allow limited liability companies (LLCs) to register as SACs. Following enactment of the Limited Liability Companies Act 2016, it was proposed that the SAC Act be amended to enable use of the product by LLCs. The LLC is a hybrid entity that includes features of both traditional limited companies and partnerships. A fundamental characteristic of limit ed liability for LLC members, combined with the flexible approach to governance via contractual agreements amongst the LLC members, makes the LLC an attractive business structure. Any LLC member may participate in the day-to-day management and operations of the LLC without losing the liability protection offered by this 1994 24 September 2021 Official Hansard Report
Bermuda House of Assembly structure and there is no requirement for a board of directors. This results in lower overall costs for forming and operating an LLC as compared to a traditional limited company. Mr. Speaker , it is believed that the LLC product will pair extremely well with the SAC product. LLCs are known to be a vehicle of choice for private equity funds and other asset holding structures. There are also a number of SACs on the register that are used as fund vehicles. Extension of the SAC Act to apply to LLCs will make both products more viable for use as structures that are positioned to combine flex ible governance options with the ability to diversify business activities, assets, and investors. As such, this Bill will enhance the versatility and usefulness of the Bermuda LLC and SAC structures. Finally, Mr. Speaker, various changes are being made to update and modernise the SAC Act. This includes incorporating provisions that ensure consistency with other A cts and that clarify the appl ication of several other laws as they relate to SACs. As well, some existing provisions are being streamlined and recast to allow for a more modern approach to various sections of the Act. Mr. Speaker, I would like to thank the tec hnical officers in the Ministry of Finance, Cabinet O ffice, the Economic Development Department, the A ttorney General’s Chambers, the Bermuda Monetary Authority and representatives within the private sector who contributed to the production of this Bi ll. 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: Thank you, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader, you have the floor. Hon. N. H. Cole Simons: I have no objection to this Act. However, I just have a question for the Minister that is general. I am supportive and clear in regard to those SACs that are incorporated and those SACs that are LLCs because …
Opposition Leader, you have the floor.
Hon. N. H. Cole Simons: I have no objection to this Act. However, I just have a question for the Minister that is general. I am supportive and clear in regard to those SACs that are incorporated and those SACs that are LLCs because the LLC entities have to pr escribe to our gener al LLC legislation. So, the KYC and AML issues I am comfortable with, as I am with the SACs that are incorporated under the Companies Act. I think where I have a question and need more clarity is where we have SACs that are unincorporated and they are not LLCs. The Minister indicated that in those cases a legal representative or a regulatory representative has to be involved to make sure that the AML and KYC protocols are adhered to and that we have information on the beneficial owners. And just mentioni ng the beneficial owners, there is also another question because if you have an unincorporated cell how would you describe who owns it? I mean, is it the economic contributor to the cell? Or is there another entity that can make contributions? So, it is n ot just how it is registered. As we all know, the KYC and AML is not on, possibly, the spo nsor of those unincorporated entities within the . . . or unincorporated cells, do we do KYC and AML on the sponsors and/or the economic contributors to the cells? Be cause a lot of these types of structures are used in variable life policies and variable life annuities and they are normally held as insurance wrappers or tax efficiencies, and we have a number of such co mpanies here in Bermuda and in the international fina ncial service centres. And, like I said, and the Minister is right, for those unincorporated we have to do our due diligence. So, my question is, how do we pin down who the unincorporated cells belong to and how do we manage if there is a change of owner ship? And what type of documents do we have, i.e., we could have a sponsor that provides minimal capital into the cell and then we could have an economic donor who provides most of the capital, who may not be the sponsor of the unincorporated cell. And so, I would like for the Mini ster to speak to that section of that business to see how we can cross our t’s and dot our i’s. And other than that, Mr. Speaker, I have no objection to the legislation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourabl e Member. Does any other Member wish to make a contribution?
The SpeakerThe SpeakerYes, MP Adams, how are you today? You have the floor, sir.
Mr. Jache AdamsThank you. Mr. Speaker, I just want to take the opportunity and start b y saying that I support the Bill and commend the Minister and his team for the work they have done bringing this forward. Mr. Speaker, I promise I will be brief as I see that we …
Thank you. Mr. Speaker, I just want to take the opportunity and start b y saying that I support the Bill and commend the Minister and his team for the work they have done bringing this forward. Mr. Speaker, I promise I will be brief as I see that we have quite a bit of business still to get through today and particularly as t his is, in my opinion, in some respects, simply a housekeeping measure aimed to keep Bermuda competitive as a jurisdiction whilst adhering to the recommendations of CFATF, which is an internationally recognised entity. Mr. Speaker, I will remind Members and the listening public that CFATF is the very same organis ation that, after their assessment of the country last year, identified Bermuda as being amongst the global leaders in the fight against money laundering and terrorist financing. Mr. Speaker, this is the reputation that this Government has worked hard to earn and will work even harder to maintain.
Bermuda House of Assembly Mr. Speaker, our reputation is critically i mportant because, as we know, Bermuda is a small, isolated country, which lacks natural resources. And so, s ervice is who we are and, effectively, it is what we do. And so, as an offshore financial service centre, we have to ensure that we uphold our reputation as a creditable place to do business as that is part of the foundation of our economic recovery. And so, Mr. Speaker, the point I am making is that as a country we know all too well how the financial services industry continues to evolve with compl iance and the like. And, therefore, the Government must put forth legislation that continues to evolve as well. What was applicable then may not be as fitting as it is now. Mr. Speaker, I mentioned earlier that I support the Bill as much of these amendments are intended to modernise the Act, address transparency concerns, intended to meet international regulator y standards whilst maintaining an environment conducive to ec onomic growth. Mr. Speaker, I must add that I support the requirement of the appointment of a SAC represent ative, which is aimed to address the transparency concerns regarding owners of segregat ed accounts. These SAC representatives would also be responsible and subject to the country’s AML and anti -terrorist financing framework. And as stated in the Bill, it is to provide . . . they are to provide a report to the Regi strar in the likelihood of s ome or any insolvency. This, again, speaks to legislation put forth by this Gover nment encouraging added transparency and effective reporting. Mr. Speaker, I also agree with the premise of moving quickly and not belabouring the process and so, I noticed i n the Bill the deadline of December 31. We recognise the vast majority of the over 300 SACs in Bermuda are regulated and, therefore, we do not anticipate an issue with compliance. And for the few SACs which are not regulated, it is my belief that a couple of months is sufficient for them to meet the requirement. Mr. Speaker, I also support this Bill enabling LLCs to be brought within the scope of the principal Act by allowing for them to register as SACs. With just under 200 LLCs on the register as active, I agree with the Minister wholeheartedly that the LLC product will pair well with the overall SAC product. And so, Mr. Speaker, I will wrap up and simply say that, as a government we will continue to demonstrate Bermuda’s commitment to being a responsible global citizen. We will continue to evolve to allow for the country to remain competitive and continue to uphold an exemplary standard as an offshore financial service centre. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Any other? Minister, there appears to be none. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I would like to thank both Honourable Members for their contributions. And let me say …
Thank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Any other? Minister, there appears to be none.
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I would like to thank both Honourable Members for their contributions. And let me say t hat MP Adams, I think, touched on in his comments, I think he partially responded to the query raised by the Opposition Leader. And with respect to the Opposition Leader’s question, segregated accounts are the cells or, in ot her words, the unincorporated entities. And cells have account owners and the vetting is done on the account owner. So the process that we have for due dil igence remains in place, and we do have an understanding who those folks are who are participating in the segregated cells. With t hat, Mr. Speaker, 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: 20 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL SEGREGATED ACCOUNTS COMPANIES AMENDMENT ACT 2021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Segregated Accounts Companies Amendment Act 2021 . Minister Dickinson, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill amends the Segregated Accounts Companies Act 2000 to enable limited …
Honourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Segregated Accounts Companies Amendment Act 2021 . Minister Dickinson, you have the floor.
Hon. Curtis L. Dickinson: Mr. Chairman, this Bill amends the Segregated Accounts Companies Act 2000 to enable limited liability companies to be brought within the s cope of the principal Act, to strengthen the provisions relating to the appointment of a segregated account representative and to make related amendments. Mr. Chairman, I move clauses 1 through 7.
The ChairmanChairmanContinue, Minister. Hon. Curtis L. Dickins on: Clause 1 provides a title for this Bill. Clause 2 amends section 2 of the principal Act by inserting a number of new definitions and revi s1996 24 September 2021 Official Hansard Report Bermuda House of Assembly ing others to enable limited liability …
Continue, Minister.
Hon. Curtis L. Dickins on: Clause 1 provides a title for this Bill. Clause 2 amends section 2 of the principal Act by inserting a number of new definitions and revi s1996 24 September 2021 Official Hansard Report
Bermuda House of Assembly ing others to enable limited liability companies to be brought within the scope of the principal Act. Clause 3 amends section 3 of the principal Act to include a limited liability company as a company that may apply to be registered as a segregated accounts company. Clause 4 amends section 5 of the principal Act to require that, where a segregated account rep-resentati ve is a regulated person, the supervisory a uthority in respect of that regulated person must be i ncluded in the list of information to be filed when mak-ing an application for a company to be a registered segregated accounts company. This clause also r evises and recasts some of the provisions for strea mlining purposes and to account for, generally, the n otices and documents to be filed by a company to which the Companies Act 1981 applies and by a li mited liability company. Clause 5 amends section 6 of the pr incipal Act to require the Registrar of Companies, before r evoking or varying a condition or requirement that was imposed on a company (at the time of registration), to give to that company an opportunity to be heard. This clause also provides that where a segregated accounts company is aggrieved by a decision of the Registrar to vary or revoke such conditions or r equirements, the company may appeal to the Supreme Court within the requisite number of days. Clause 6 inserts new section 6A into the pri ncipal Act. Section 6A consists of existing provisions which enable an account owner or creditor who o bjects to the registration of a company as a segregated accounts company to apply to the Supreme Court for an annulment of the registration of the company. These provisions were formerly set out in section 5 but have been recast for readability and streamlining purposes. Clause 7 amends section 7 of the principal Act to enable that provision to apply to a segregated accounts company that is a limited liability com pany as it would to a company to which the Companies Act 1981 applies. This clause also recasts various other provisions under section 7 for readability and stream-lining purposes.
The ChairmanChairmanThank you, Minister. Are there any further speakers? Hon. N . H. Cole Simons: Yes, Mr. Chairman, thank you.
The ChairmanChairmanHonourable Opposition Leader S imons, you have the floor. Hon. N. H. Cole Simons: Amendments to section 2, [clause 2](f)(i) “insert after ‘share,’ the words ‘LLC i nterest,’”. That applies to (i ) and (ii), LLC interest. How would the Minister define “interest”? Is it economic interest, are there other …
The ChairmanChairmanMinister. Hon. Curtis L. Dickinson: Mr. Chairman, just give me a moment to get some technica l advice on that.
The ChairmanChairmanOkay. Hon. N. H. Cole Simons: I am asking because you could have someone who is guaranteeing a loan or you could have someone who puts in direct capital or consequential support to the LLC, so, to what extent are we coveri ng “interest”? And how far do we go?
The ChairmanChairmanDo you have any other questions in clauses 1 through 7? Hon. N. H. Cole Simons: [Clause] 6.
The ChairmanChairmanSix? Hon. N. H. Cole Simons: [Clause] 6A, on page 4, objection to registration as a segregated account company. Can the Minister apply how this would op erate operationally? Are we saying that this applies only for incorporations or applies when you incorpo rate the cell, or are we talking …
Six?
Hon. N. H. Cole Simons: [Clause] 6A, on page 4, objection to registration as a segregated account company. Can the Minister apply how this would op erate operationally? Are we saying that this applies only for incorporations or applies when you incorpo rate the cell, or are we talking about a continuation of the cell— incorporated cell —outside of the ISAC? I.e., the cell stands on its own two feet as a separate entity with no relationship with the ISAC, they become, bas ically, autonomous.
The ChairmanChairmanAny further [comments]? Hon. N. H. Cole Simons: No, that is it for —
The ChairmanChairmanClauses 1 through 7? Hon. N. H. Cole Simons: —clauses 1 through 7.
The ChairmanChairmanOkay. Any further speakers? There appears to be none. Hon. Curtis L. Dickinson: Mr. Chairman—
The ChairmanChairmanYes. Hon. Curtis L. Dickinson: —with respect to the question around the definition of “interest,” I would refer the Honourable Member to the Limited Liability Companies Act 2016 wherein it sets out in the definitions “‘LLC interest’ means a member’s share of the profits and losses of a limited liability …
Yes. Hon. Curtis L. Dickinson: —with respect to the question around the definition of “interest,” I would refer the Honourable Member to the Limited Liability Companies Act 2016 wherein it sets out in the definitions “‘LLC interest’ means a member’s share of the profits and losses of a limited liability company and a me mBermuda House of Assembly ber’s right to receive distributions of the limited liability company’s assets.”
Hon. N. H. Cole Simons: Okay, that is good enough. Thank you very much. Hon. Curtis L. Dickinson: I am just still . . . give me . . . the second question, just one moment please.
The ChairmanChairmanOkay. Hon. Curtis L. Dickinson: Mr. Chairman, I am advised that there may be some confusion in the ques-tion because it might be referring to incorporations, and incorporations are related to ISAC not to a SAC.
The ChairmanChairmanMr. Simons, ar e you clear? Hon. N. H. Cole Simons: Just for clarification, it is my understanding that SACs may also be incorporated; however, I admit I might be wrong. But I think I am right that SACs may be incorporated and some SACs are unincorporated. Hon. Curtis L. …
Mr. Simons, ar e you clear? Hon. N. H. Cole Simons: Just for clarification, it is my understanding that SACs may also be incorporated; however, I admit I might be wrong. But I think I am right that SACs may be incorporated and some SACs are unincorporated.
Hon. Curtis L. Dickinson: It is the segregated account that is not incorporated.
Hon. N. H. Cole Simons: Okay, okay, okay. I have got you.
The ChairmanChairmanAny further speakers to clauses 1 through 7? There appear to be none. Minister, do you want to move clauses 1 through 7? Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 7 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 7 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 7 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move clauses 8 through 18.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 8 amends section 10 of the principal Act to provide that a segregated account representative, appointed and maintained by a segregated accounts company must, subject to this section, be either a regulated person or a person a pproved by the Minister. This clause provides …
Continue. Hon. Curtis L. Dickinson: Clause 8 amends section 10 of the principal Act to provide that a segregated account representative, appointed and maintained by a segregated accounts company must, subject to this section, be either a regulated person or a person a pproved by the Minister. This clause provides that where a segregated accounts company is engaged in insurance business, is an A ML/ATF regulated financial institution or is otherwise required to comply with AML/ATF regulations, it has the option to elect which type of segregated account representative to appoint. This clause also enables the Minister to provide, by order subject to the negative resolution procedure, for other categories of segregated accounts companies to have such option. In all other cases, the company must appoint a regulated person. A “regulated person” is defined, for the purposes of this clause, as a person in respect of whom a supervisory authority (within the meaning of section 3(1)(a) and (b) of the Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist F inancing Supervision and Enforcement) Act 2008), has regulatory authority. Finally, this clause enab les se ction 10 to apply to a segregated accounts company that is a limited liability company as it would to a co mpany to which the Companies Act 1981 applies. Clause 9 amends section 11 of the principal Act to enable that provision to apply to a limited li ability company as it would to a company to which the Companies Act 1981 applies. Clause 10 amends section 12 of the principal Act to recast some of the existing provisions for readability and streamlining purposes. Clauses 11 and 12 amend sections 14 and 15 of the principal Act to enable those provisions to apply to a limited liability company as they would to a com-pany to which the Companies Act 1981 applies. Clause 13 amends section 16 of the principal Act to enable that provision to apply to a limited l iability company as it would to a company to which the Companies Act 1981 applies and to recast some of the existing provisions for readability and streamlining purposes. Clauses 14 and 15 amend sections 17 and 17A of the principal Act to enable those prov isions to apply to a limited liability company as they would to a company to which the Companies Act 1981 applies and to recast some of the existing provisions for readability and streamlining purposes. Clauses 16 through 18 amend sections 18, 20 and 24 of the principal Act to enable those provisions to apply to a limited liability company as they would to a company to which the Companies Act 1981 applies.
The ChairmanChairmanThank you, Minister. Are there any further speakers? Hon. N. H. Cole Simons: I just h ave one question.
The ChairmanChairmanYes. Hon. N. H. Cole Simons: And I direct it to [clause] 8, amendment to section 10. And my question is simple. Can an SAC company appoint both a local repr esentative and a regulated person or do they have to be one person? Does the owner of the SAC …
Yes.
Hon. N. H. Cole Simons: And I direct it to [clause] 8, amendment to section 10. And my question is simple. Can an SAC company appoint both a local repr esentative and a regulated person or do they have to be one person? Does the owner of the SAC have the 1998 24 September 2021 Official Hansard Report
Bermuda House of Assembly ability to appoint two people—one as an account rep and one as a regulated person? Hon. Curtis L. Dickinson: Mr. Chairman.
The ChairmanChairmanYes, go ahead, Minister. Hon. Curtis L. Dickinson: Mr. Chairman, the SAC is allowed to appoint one person and that person can fulfil both qualities that the Opposition Leader asked about, whether it be a local person or regulated, but it is one person. Hon. N. H. Cole Simons: So, …
Yes, go ahead, Minister.
Hon. Curtis L. Dickinson: Mr. Chairman, the SAC is allowed to appoint one person and that person can fulfil both qualities that the Opposition Leader asked about, whether it be a local person or regulated, but it is one person.
Hon. N. H. Cole Simons: So, they cannot have two persons?
Hon. Curtis L. Dickins on: Well, that is what one person . . . one person.
Hon. N. H. Cole Simons: Okay. That is all I have for that section.
The ChairmanChairmanAny further speakers on clauses 8 through 18?
Mr. Jarion RichardsonThank you, sir. My question to the Honourable Minister is as it relates to clause 8 where “a segregated accounts company shall appoint and maintain a segregated account representative.” I note that this person has to be approved by the Minister as a representative of that company. My question is, …
Thank you, sir. My question to the Honourable Minister is as it relates to clause 8 where “a segregated accounts company shall appoint and maintain a segregated account representative.” I note that this person has to be approved by the Minister as a representative of that company. My question is, Minister, What is the criteria for a successful application? And we see similar a ppointments under the Bermuda Monetary Authority regimes and they typically have a fit and proper crit erion to determine if a person can hold that position. My question to the Minister is what are the criteria given that this would be the Minister instead of a regulated or regulatory body? Hon. Curtis L. Dickinson: I am awaiting some tec hnical advice, Mr. Chairman, so if you could just give me a moment.
Mr. Jarion RichardsonThank you, Mr. Chairman. Thank you, Honourable Minister. Also, if you could reply, why is the Minister approving this position instead of a senior civil servant or someone . . . it just sees a very hig h level person to approve a very perfunctory or regulated, I should say, …
Thank you, Mr. Chairman. Thank you, Honourable Minister. Also, if you could reply, why is the Minister approving this position instead of a senior civil servant or someone . . . it just sees a very hig h level person to approve a very perfunctory or regulated, I should say, excuse my language, a regulated role? Thank you, Mr. Chairman and Honourable Minister.
The ChairmanChairmanYes, sir. Hon. Curtis L. Dickinson: Mr. Chairman, in answer to MP Richardson’s question, I do not know the hist ory behind why the Minister was the person designated as being the one with the power to approve, except that this was the construct that was put into place when …
Yes, sir.
Hon. Curtis L. Dickinson: Mr. Chairman, in answer to MP Richardson’s question, I do not know the hist ory behind why the Minister was the person designated as being the one with the power to approve, except that this was the construct that was put into place when the product was first issued . . . introduced in 2000, and tha t has been the framework that has r emained. I would say that the . . . when approval is sought from me, it usually comes with a recommenda-tion from technical officers. And, in this case, it would be the Registrar of Companies who would, in perfor ming thei r ordinary duties, conduct appropriate due dil igence on any nominee and make a recommendation as to whether they believe it is appropriate for that person to be approved. It is something that happens ordinarily in a wide range of activities, and I have no issue with the construct as it currently exists. I would say, though, that there are efforts underway at this point in time to try to streamline the process. And inasmuch as it does not require minist erial approval and an assessment of that is done by my team, then we seek to streamline processes to make sure that clients can get responses to their matters appropriately and quickly. So, for now, the advice is that we continue with the existing framework inasmuch as there is an opportunity in the future where [if] people think that it is requiring a further amendment, we will look at it and take appropriate action at that point in time.
Mr. Jarion RichardsonMr. Chairman, also for the Honourable Minister, I did not hear —and I apologise if I missed it —but t he criteria for determining if a person is a successful applicant. The reason is because a number of people in Bermuda, their careers are i nvolved, obviously, in the financial …
Mr. Chairman, also for the Honourable Minister, I did not hear —and I apologise if I missed it —but t he criteria for determining if a person is a successful applicant. The reason is because a number of people in Bermuda, their careers are i nvolved, obviously, in the financial services industry and being appointed in these roles. So, I am just tr ying to as certain if there is a specified criteria that they have to satisfy. And thank you very much, again, Mr. Chai rman and Honourable Minister.
The ChairmanChairmanThank you, Member. Bermuda House of Assembly Hon. Curtis L. Dickinson: Mr. Chairman, I will repeat what I said earlier. The approval process is one in which the technical officers and the Registrar of Companies make an assessment on the applicant for approval. They will take into consideration people’s backgrounds, …
Thank you, Member.
Bermuda House of Assembly Hon. Curtis L. Dickinson: Mr. Chairman, I will repeat what I said earlier. The approval process is one in which the technical officers and the Registrar of Companies make an assessment on the applicant for approval. They will take into consideration people’s backgrounds, their suitability. They will conduct full due diligence and then make the recommendation, weighing all the relevant factors that need to be considered for a positive recommendation to me. I do not know the particulars of that framework other than they conduct appropriate due diligence for the individual and the role of which they are intended to fill.
The ChairmanChairmanThank you. Any further comments or questions? There appear to be none. Minister, do you want to move clauses 8 through 18? Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 8 through 18 be approved.
The ChairmanChairmanIt has been moved that clauses 8 through 18 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 8 through 18 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move clauses 19 through 28.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 19 inserts new Part IVA into the principal Act. Part IVA provides for the general application of the Companies Act 1981 and the Limited Liability Company Act 2016 to a se gregated accounts company that is, respectively, a compan y to which the Companies …
Continue.
Hon. Curtis L. Dickinson: Clause 19 inserts new Part IVA into the principal Act. Part IVA provides for the general application of the Companies Act 1981
and the Limited Liability Company Act 2016 to a se gregated accounts company that is, respectively, a compan y to which the Companies Act 1981 applies and to a limited liability company and requires such a company to comply, respectively, with that Act. This Part also provides that the Economic Substance Act 2018 and the regulations made thereunder apply to a segregated accounts company as it does to an entity under that Act. Finally, this Part provides for the appl ication of the Registrar of Companies (Compliance Measures) Act 2017 for the purposes of the principal Act. Clause 20 amends section 26 of the principal Act to e nable that provision to apply to a limited liabi lity company as it would to a company to which the Companies Act 1981 applies. Clause 21 inserts new section 26A into the principal Act to enable the Minister to make rules and for such rules to be subject to the negative resolution procedure. Clause 22 amends section 28 of the principal Act to enable that provision to apply to a limited liabi lity company as it would to a company to which the Companies Act 1981 applies. Clause 23 inserts new sections 30A and 3 0B into the principal Act. Section 30A provides for ci rcumstances where an offence is committed by a body corporate. Section 30B enables a director or an LLC manager of a segregated accounts company to apply to the Supreme Court for directions. Clause 24 r epeals and replaces section 31 of the principal Act to enable that provision to apply to a limited liability company as it would to a company to which the Companies Act 1981 applies and to make provision for prescribed fees and the manner in which prescribed fees are to be paid. Clause 25 inserts new sections 31A, 31B and 31C into the principal Act. Section 31A requires the Registrar of Companies and his officers and agents to preserve and aid in preserving confidentiality. Sections 31B and 31C make provisi on regarding the application of the Public Access to Information Act 2010
and the Personal Information Protection Act 2016 , respectively. Clause 26 amends the Government Fees Regulations 1976 to prov ide under those regulations for the fees payable in relation to the principal Act and to provide, in particular, for a fee of $295 in relation to the application for registration of a segregated accounts company under section 6 of the principal Act. Clause 27 makes transitional provisions in r elation to the appointment of a segregated account re presentative and provides, for the avoidance of doubt, that nothing in this Bill affects the validity of any func-tions carried out by a segregated account represent ative duly appointed under the principal Act prior to clause [8] of this Bill coming into force. Clause 28 provides for the commencement of this Bill which shall be by notice published in the Gazette , except for those provisions dealing with changes in relation to the segregated account represent ative which shall come into operation on 31 December 2021.
The ChairmanChairmanThank you, Minister. Any speakers to clauses 19 through 28? Hon. N. H. Cole Simons: No, Mr. Chairman. Thank you.
The ChairmanChairmanThere appears to be no further speakers. Minister, do you want to move clauses 19 through 28? Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 19 through 28 be approved. 2000 24 September 2021 Official Hansard Report Bermuda House of Assembly The Chairman: It has been moved that …
There appears to be no further speakers. Minister, do you want to move clauses 19 through 28? Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 19 through 28 be approved.
2000 24 September 2021 Official Hansard Report
Bermuda House of Assembly The Chairman: It has been moved that clauses 19 through 28 be approved. Are there any objections to that?
Hon. N. H. Cole Simons: No, Mr. Chairman, there are no objections from our side.
The ChairmanChairmanThank you, Honourable Opposition Leader, Cole Simons. There appear to be none. Approved. [Motion carried: Clauses 19 through 28 pass ed.] 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. Chair man, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as prin ted. Approved. [Motion carried: The Segregated Accounts Companies Amendment Act 2021 was considered by …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as prin ted. Approved.
[Motion carried: The Segregated Accounts Companies Amendment Act 2021 was considered by a Commi ttee of the whole House and passed without amendment.]
The ChairmanChairmanMr. Speaker. House resumed at 4:45 pm [Hon. Dennis P. Lister, Jr., Speaker , in the Chair] REPORT OF COMMITTEE SEGREGATED ACCOUNTS COMPANIES AMENDMENT ACT 2021
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Bill entitled the Segregated Accounts Companies Amendment Act 2021 being reported to the House as printed? No objections. The Bill has been reported as printed. Thank you, Minister and Members for your participation on that matter. We will now move …
Thank you, Deputy. Members, are there any objections to the Bill entitled the Segregated Accounts Companies Amendment Act 2021 being reported to the House as printed? No objections. The Bill has been reported as printed. Thank you, Minister and Members for your participation on that matter. We will now move on to the next [item] on the agenda for today which is Order No. 6, the second reading of the Invasive Alien Species Act 2021 in the name of the Minister of Home Affairs. Minister.
Hon. Walter H. Roban: Yes, Mr. Speaker, thank you, very much.
Mr. Speaker.
The SpeakerYes. Hon. Walter H. Roban: Mr. Speaker, I move that the Bill entitled the Invasive Alien Species Act 2021 be now read a second time.
The SpeakerThe SpeakerAre there any objections to that? There are none. Continue, Minister. BILL SECOND READING INVASIVE ALIEN SPECIES ACT 2021 Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker , I rise now to introduce for a second reading the Bill entitled Invasive Alien Species Act 2021. The purpose of …
Are there any objections to that? There are none. Continue, Minister.
BILL
SECOND READING
INVASIVE ALIEN SPECIES ACT 2021 Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker , I rise now to introduce for a second reading the Bill entitled Invasive Alien Species Act 2021. The purpose of this Bill, Mr. Speaker, is to greatly enhance the Island’s bio- security against the introduction and spread of pest species by creating a regulatory framework to (1) prohibit and control the importation, propagation and supply of invasive alien species; [and] (2) manage invasive alien species through methods which include eradication, reduction and prevention [of] the spread of such species, and replacing such species with endemic or native species. Mr. Speaker, we must accept the reality that humans are one of the most invasive species on the earth. We can see this through the dramatic impacts we have made to our Island over the past 400 years. With this in mind it is imperative, even if just for our own sake, that we begin to better manage our actions to mitigate detrimental impacts to our local environment. This Government is embarking on a number of initiatives to best address this. One of these I bring before you today, which will be to manage invasive species, or, as they are more commonly referred to, “pests.” Mr. Speaker, an invasive species is one which is deliberately or unwittingly introduced by humans into a new habitat where it becomes an environmental menace. They can be plants, animals, pathogens and other organisms that are not native to an ecosystem which may cause economic, social or environmental problems, or adversely affect human health. In particular, they negatively impact loc al ecosystems and
Bermuda House of Assembly the functions of ecosystems through competition, pr edation, or transmission of pathogens. Mr. Speaker, unfortunately, modern global travel, while essential to Bermuda’s economic survi val, also makes the Island increasingly vulnerable to the introduction and proliferation of invasive species. New species have been and still are deliberately i ntroduced to Bermuda with the best of intentions i ncluding as pets, as food, or horticultural interest. They can also arrive unintentionally [as] hit chhikers on planes and boats. Regardless of how they arrive, some species have and undoubtedly will in the future adapt aggressively, spreading quickly in their new environment to our detriment, hence becoming invasive. Bermuda, Mr. Speaker, is not alone in this. Over recent decades globalisation has increased the movement of people and goods around the world leading to a rise in a number of species introduced to areas outside of their natural ranges. A 2017 study in the j ournal of Nature Co mmunications found that over one- third of all introductions in the last 200 years occurred after 1970. And the rate of introductions is showing no sign of slowing down. In fact, a 2020 study in the j ournal Global Change Biology predicts that the number of established alien species will increase by 36 per cent between 2005 and 2050. Mr. Speaker, I am not overstating the problem when I say that the harmful economic, social and env ironmental effects of evasive species impacts the wi dest spectrum possible. Rather than lead off with the environmental consequences of invasive species, let me start with the economic impact of invasive species on humans, as it is somewhat easier to relate to a problem by how much money it costs. In the United States, the U.S. Fish and Wil dlife Service estimates damage to infrastructure, homes, agriculture and fisheries to be more than $120 billion annually. In May 2021, the Centre for Agricu lture and Bioscience International [ CABI] estimated that invasive species are costing Africa’s agricult ure sector an estimated $65.5 billion. Worldwide it is est imated that the cost is around $1.3 trillion annually. The social impacts of invasive species are i nterconnected with economic ones. The loss suffered because of biological invasions can impact qua lity of life and human health both directly and indirectly through food reduction, loss of wages and diseases that certain species can spread. Perhaps the more subtle, but nonetheless very real effects of invasive species are the environmental impacts to t he world’s natural ecosystems where native and endemic species are degraded or driven to extinction by species that [they] were never equipped to deal with through direct predation, competition for scarce resources such as food and shelter or through chang ing of ec osystems. This issue is linked into the growing concern about climate change, especially for small island states like [us]. It is not just rising tides we have to be concerned with, but also invasive species. The International Union for the Conservation of Nature [IUCN] states that invasive species can reduce the resilience of natural habitats, agricultural production and urban areas to the impacts of climate change. Native and endemic species are best suited to deal with heat, rising tides, storm events, and [INAUDIBLE]. The r esult is a continuing degradation of beneficial habitats like a slow -growing mangrove swamp as it gets out - competed by the fast -growing Brazil Pepper [trees] and Casuarina trees. It takes money and valuable r esources to provi de those same services we get for free from Mother Nature. Mr. Speaker, as such, it is now recognised that the management of invasive species must be i ncorporated into climate change policies. This includes bio-security measures to prevent the introductio n of invasive species and rapid response measures to monitor and eradicate alien species that may become invasive. Better control of invasive species is not just a Bermuda imperative but a global one. This Act brings us in line with many other j urisdictions who have realised this critical need and are creating similar frameworks. It also surely will be raised in the upcoming UN Climate [Change] Conference (COP 26) to be held later this year. Mr. Speaker, in my introductory Statement on the 10 th of Septem ber, I made note of two real problems facing small island states like ourselves. The first being on the Island of Guam and the Brown Tree Snake; the second being, in the Cayman Islands and the Green Iguana. While there are hundreds of good examples of bad pests, I think it is appropriate if I illustrate a few more that portray the very real threat that this legislation will address. Mr. Speaker, I would like to start by introducing the Giant [African] Land Snail native to East Africa. This snail can grow u p to 8 inches (20 centimetres) and can lay up to 1,200 eggs per year. This huge snail is one of the world’s top 100 invasive alien species and one of the most damaging snails in the world. It has been introduced to many parts of the world as a commercial f ood source, as an exotic pet, and for rel igious rites. The snail consumes at least 500 different types of plants and according to the Florida Depar tment of Agriculture [and Consumer Services] it is devastating Florida’s agriculture. In addition, the snail poses serious health risks to humans as it carries the parasite Rat Lungworm known to cause bacterial meningitis in humans. Unfortunately, the Giant [Afr ican] Land Snail can easily become attached to any means of transport at any of its developmental stages. It can also go into a state of dormancy in cooler cond itions. This means it can be transported easily over great distances. Mr. Speaker, how did [it] get to Florida? It is not how you might expect. In 1966 a child smuggled three Giant African [Land] S nails into south Florida 2002 24 September 2021 Official Hansard Report
Bermuda House of Assembly from all of the places you might think, from Hawaii. His grandmother eventually released the snails into her garden. Seven years later more than 18,000 snails were found along with scores of eggs. It was eventually eradicated, but it took 10 years at the cost of $1 million to eliminate its invader. Unfortunately, Florida is now once again facing another invasion by this snail. And the U.S. D epartment of Agriculture [USDA] has had to employ a combination of specialised detector dogs and night - time inspections to combat the problem at the border. Over the past year and a half, they have found snails on 81 containers arriving fro m East Africa. Further, they have had to employ roving teams which have [re]moved over 168,000 snails from F lorida over the past eight years. It is worth noting, Mr. Speaker, that Florida is one container -ship ride away from Bermuda. So the risk of infestation is real, and I hope Members appreciate that. [With just] one container shipment from Florida we could have an invasive agent here that could seriously damage our ecosystem. Mr. Speaker, known as the snake killer, in its native India, the mongoose was introduced to Jamai-ca in the 1880s to deal with a rat plague. It was so efficient at removing numerous typ es of pests that it was soon exported all over the world to places such as Hawaii, Fiji, M auritius , Puerto Rico and St. John’s in the Caribbean. With few predators in their new homes, they thrived. And the unfortunate result was extermination of numerous native and endemic species such as the Fijian Burrowing [Snake] and the J amaican Petrel . The mongoose also preys on the nests of ground- running birds. It digs up turtle nests hunting for eggs and damages crops such as sweet potatoes and bananas. It also car ries Leptospirosis and rabies. The Hawaii Invasive Species Council notes that it is costing $50 million a year to undo the damage brought by the mongoose in Hawaii and Puerto Rico alone . In Hawaii there is a $1,000 fine for anyone who keeps or breeds a m ongoose. Another example of [a] problem species that the Department of Environment and Natural R esources quite regularly receives inquiries on [is the] importing of European hedgehogs as pets. Unfort unately, the adorable hedgehog is also quite a vor acious omnivore. While it does eat slugs, worms and other garden pests, it also quite happily eats lizards, frogs, eggs and baby birds with just as much enthus iasm. As a result, in places where it has been intr oduced, such as the Outer Hebrides Island of Scotla nd and [in] New Zealand, it is now classified as a pest. Mr. Speaker, unfortunately, it has also proven that Bermuda is not immune to the impact that inv asive pests can have. One of the worst natural catastrophes to the Island was the inadvertent introduction of the juniper scale insects between 1946 and 1953 . This ecological disaster literally changed the ecolog ical and economic landscape of Bermuda resulting in the die- off of 95 per cent of the Bermuda Cedar which until that time dominated the Island. T his removed valuable habitat resulting in species decline and ex-tinction and removed the valuable timber that our I sland’s economy was built on. The effect of this tragedy continues to be felt to this day as we now experience impacts of problem species im ported to compensate for the loss of our national tree. Efforts continue to re- establish the Bermuda Cedar, but these are unfortunately always going to be constrained as the niches that it once filled are now dominated by aggressive and fast -growing plants such as Casuarina, Brazil Pepper, and Jumby Bean and Balloon Vine which have now become rampant pests. Unfortunately, Mr. Speaker, this is not an is olated incident. The United States and Canada are currently battling their own versions of the cedar blight . Unknown in the USA before its discovery in 2002, the Emerald Ash Borer Beetle is decimating the important Ash tree species in North America. It has the potential to destroy over 8 billion such trees which efforts to remediate and replace are expected to cost in the bi llions of dollars. Mr. Speaker, we also have a range of problem animals as well such as the Red- eared Slider T errapin and the lionfish, which are both still popular in the pet trade. The Red- eared Slider Terrapin (of Teenage Mutant Ninja Tur tle fame) became popular as a pet in the 1960s. This long- lived terrapin is an omnivore which can happily devour plants and small water cre atures with equal gusto. With no natural predators, it has adapted well to our waterways and has come to dominate th at ec osystem. It is also a known carrier of salmonella which has human health implications. The Slider is a global problem, banned from exportation in the EU and in Australia and is classified as a prohibited species un-der [Australia’s] Biosecurity Act 2015. In the state of New South Wales, Australia, it is an offence to pos-sess a Slider with a penalty of up to a five- year cust odial sentence. Mr. Speaker, the Indo- Pacific lionfish has become one of the most problematic, invasive species in the Atlantic Ocean. It is understood that the lionfish was likely introduced to the US waters in the 1980s through the saltwater aquarium trade. With no predators it spread quickly, becoming widely established along the southeast United States coast and Caribbean Sea. Lio nfish have been found as far north as New York and as far down as southern Brazil. In respect to Bermuda, the lionfish unfort unately were first seen in our waters in the year 2000, likely coming up the Gulf Stream from the United States. Despite all of our efforts, it has now become resident. The lionfish is a huge problem for the region and recent estimates indicate that lionfish have surpassed some native marine fish in population num-bers. Some reports estimate more than 1,000 lionfish per acre in some l ocations. These fish are voracious
Bermuda House of Assembly eaters and their spines are venomous to humans. Lionfish are already estimated to reduce native reef fish recruitment by 79 per cent. This species is a major threat to economically important fisheries, including snapper a nd grouper, coral reef conservation efforts, and of course, tourists. At this juncture I would like to commend, Mr. Speaker, the ongoing efforts by the [Bermuda] Lion-fish Taskforce and all of our intrepid lionfish hunters. I would encourage everyone to support the “eat ’em to beat ’em” strategy. Let’s see if we can eat our way out of this particular problem. Mr. Speaker, another more recent example, and one with a happier ending, at least for us, is the one dealing with an insect. In 2020, a nest of carpen-ter ants was discovered during an inspection of Christmas trees. Yes, Mr. Speaker, that was just last Christmas. The colony was quickly dealt with, I am glad to say. Carpenter ants are large black ants, with wings or wingless, measuring up to one and a half inch long. They construct their nests in hollow trees, logs, telephone poles, posts, porch pillars and other timber used in homes. Their trademark, Mr. Speaker, is a small pile of coarse sawdust beneath their nesting site. Carpenter ants differ from termi tes because they do not consume wood but simply hollow it out to form nests. While usually not as serious as termites, they can weaken building structures. Mr. Speaker, I can continue with instances of how we dodge the proverbial “bullet” in respect to snakes, scorpions and b lack widow spiders. But the lessons learned can be summed up with a quote from Benjamin Franklin. I quote, Mr. Speaker, “An ounce of prevention is worth a pound of cure.” And the earlier a problem can be detected, the more rapid and effective response can be made to hopefully reduce damage and litigation costs. Mr. Speaker, this new legislation proposes to address this by providing a strong regulatory fram ework to (a) prevent the introduction of new invasive alien species and (b) cre ate controls to prevent the spread of any such species that have or do become established. To do this, the Invasive Species Act 2021 will: 1. Provide powers to list problem species as either a prohibited or restrictive invasive alien species. This will be two categories, Mr. Speaker, restrictive species “Category A,” which is more restrictive in terms of human i nteraction with invasive species and “Category B” which is less restrictive. The Act would allow species to be added, removed or have their classificat ion modified. 2. Set requirements to assess species. All new species not already existing in Bermuda will need to be approved for import. And the application process will include a bio- [security] risk assessment to establish the level of risk before the importation of species. These as-sessments will be undertaken and submitted on behalf of the applicant by an approved agent to ensure the provision of accurate i nformation. Applications will be reviewed by the Director in consultation with technical officers in respect to ecosystems, agricultural, hort icultural and fishery -related matters at the Mi nistry of Health for human- related matters. 3. Create an effective permit and licence system which will set conditions for human interaction with restrictive species. 4. Institute measures to control problems. The Act will require the preparation of management plans to control issues arising from inv asive species. Of note is the provision for the Minister to enter into an agreement with a landowner to assist with the control of an i nvasive species and in extraordinary circumstances where compliance is not given, to apply to the Supreme Court for an order. 5. Provide sufficient enforcement powers to i nvestigate, to seize and destroy prohibitive species and to seize restrictive s pecies, as well as [provide] for persons to assist during a search. 6. Set suitable penalties for offence that would include improper importation, breeding and propagation and selling of a prohibitive spe-cies or restricted species, as well as providing false and misleading information. Upon summary conviction penalties would range from a maximum of $50,000 to two years imprisonment for the most egregious offences, to up to $15,000, and six -months of imprisonment for offences such as obstruction and provision of false and misleading information. 7. An appeal process whereby a person aggrieved by the decision of the Director can apply for review to the Minister. In circumstances where an appeal is made against the Minister’s decision, [there is] provision for an appeal to the Supreme Court, with the dec ision of the court being final. 8. Provision for amnesty. The Act will give po wers to the Minister to call ad hoc amnesty to encourage persons to relinquish the prohib itive species in advance of an enforced action. 9. Provision for exceptions. Under very specific circumstances, Mr. Speaker, powers would be provided to the Minister to give exemptions for the Bermuda Aquarium Museum and Zoo to hold their exotic animal collections, as well as temporary permissions for scienti fic research, public exhibition and entertainment. 10. Powers to make regulations by the negative resolution process for processes such as iss uing permits and licences, bio[ -security] risk assessments, approval of agents, and reten2004 24 September 2021 Official Hansard Report
Bermuda House of Assembly tion of information by permi t and licence holders.
Hon. N. H. Cole Simons: Mr. Speaker, point of order.
The SpeakerThe SpeakerPoint of order, yes. We will take your point of order. POINT OF ORDER Hon. N. H. Cole Simons: Mr. Speaker, I hate to say this, but the Minister is going into the legislation, and I think we can do that in Committee. Hon. Walter H. Roban: Mr. Speaker, I …
Point of order, yes. We will take your point of order.
POINT OF ORDER
Hon. N. H. Cole Simons: Mr. Speaker, I hate to say this, but the Minister is going into the legislation, and I think we can do that in Committee.
Hon. Walter H. Roban: Mr. Speaker, I am giving my brief. I am reading my brief.
Hon. N. H. Cole Simons: But he is going into too much detail in the legislation, Mr. Speaker.
The SpeakerThe SpeakerMinister, I will just remind you that if you get into the details of the clauses, that should be left for Committee. But if you are just doing— Hon. Walter H. Roban: I am doing a description of what the legislation does, Mr. Speaker, which I think is what my …
The SpeakerThe SpeakerIf you are doing an overlay, you can do an overlay without really getting into the details of the clauses. So if you are staying under the clauses, you are fine. Hon. Walter H. Roban: Okay, but I am not talking about claus es. I am giving a description of …
If you are doing an overlay, you can do an overlay without really getting into the details of the clauses. So if you are staying under the clauses, you are fine.
Hon. Walter H. Roban: Okay, but I am not talking about claus es. I am giving a description of the legisl ation, Mr. Speaker. I am describing what the legislation will do.
The SpeakerThe SpeakerGo ahead. Hon. Walter H. Roban: So, may I continue, Mr. Speaker?
The SpeakerThe SpeakerContinue. But I just give you that cautionary out. Ok ay? Just . . . yes. Go ahead. Hon. Walter H. Roban: Thank you, Mr. Speaker. I will continue and anything that might tread on that line I will pass by. I was just finishing my . . . just …
Continue. But I just give you that cautionary out. Ok ay? Just . . . yes. Go ahead. Hon. Walter H. Roban: Thank you, Mr. Speaker. I will continue and anything that might tread on that line I will pass by. I was just finishing my . . . just describing there will be powers to make regul ations by the negative resolution process. Mr. Speaker, the Act provides for powers to list problem species in Schedules 1, 2 and 3. The pr oposed Schedules had been drafted to include species identified by the Department of Environment and Natural Resources during consultation with technical of-ficers and from existing policies including the Import ation of Animals Policy 2019, the Illustrated Guide for Bermuda’s Indigenous and Invasive Plants 2016, and the outcomes of the UK Overseas Territories Biosec urity Gap Analysis —Horizon Scanning Project 2018, that look to identify potential problems in other similar island state environments. Mr. Speaker, recognising the significance of this Act the Government undertook a month long consultation seeking feedback from the public using t he online citizen’s forum as well as a direct request to stakeholders including pet stores, plant nurseries, landscape designers, veterinarians, government boards, and environmental groups. The Government sought views of how to improve the proposed legisl ation, the licensing and permitting regime offences, penalties, and the species listed on the Schedules. The consultation period ran from the 9 th of August to the 7th of September and was promoted through the media radio generating three new stories during the period. We received 57 comments via the citizen’s forum and several directly from stakeholders. All submissions were considered, and as a cons equence a number of modifications were made to the Bill specifically to the powers, offences, and Sched-ules. Commentary from the media stories was also considered. Mr. Speaker, the biggest concerns raised during the consultation included the following: • Persons running afoul of the law because they had an invasive plant growing in their garden or they shooed a li zard out of the house therefore r eleasing it into the wild. The penalties were too draconian and harsh. • Why some species were listed and others were not [listed] in the Schedules. Mr. Speaker, the Act does not look to control nature but to better control human actions. Offences are restricted to actions whereby someone has to make a conscious choice to do something. For i nstance, in regard to prohibited species, someone would have to make a decision to import such a species. Such an introduction could likel y cause signif icant harm to our economy, human health, as well as the natural environment. Further, their control would cost money that could be better spent in other ways. So, the proposed punishment, Mr. Speaker, is fitting. [For example], i f someone does import som ething they should not , just because they want it. This strategy is similar to managing restrictive [Category] A species. The intent of the legislation is not to make criminals of the unknowing, Mr. Speaker. That is why the law only makes it an offence for actions such as importation, propagation, cultivation, breeding, and selling of problem species w e already have. The Act assumes that persons who are going to invest their energy, time and money to doing such would know what it is that they ar e creating more of. This is similar to the restrictive [Category] B species where someone should know what and why they are importing a species.
Bermuda House of Assembly Mr. Speaker, in regard to the current Sche dules, they are a work in progress. The public and our stakeholders c an expect more to be added over time through consultation and making up orders and the giving of notices through the negative resolution pr ocess. It should also be recognised that the Invasive Alien Species Act is but one of several tools that will be used to manage invasive species. I would like it to be noted that vermin and feral domestic animals have not been included in the pr oposed legislation at this juncture. Vermin are already managed, Mr. Speaker, under the Public Health Act 1949 . Further, domestic animals are better managed under the Care and Protection of Animals Act 1975 , while pest birds, like the feral chicken are already managed under the Protection of Birds Act 1975 . Mr. Speaker, it is recognised that members of the public will likely not have a full understanding of what species are contained in the Schedules. The Department of Environment and Natural Resources stands by ready to assist any member of the public with any queries, and members of the public should be encouraged, Mr. Speaker, to reach out should they have any questions. To this end the department is also developing a publication which will be available online and [also] a hard copy that illustrates Berm uda’s invasive species. And in fact, Mr. Speaker, such a publication has already been produced (in 2016) that is currently available from the government and also through the Garden Club. I just put it up here to show that this is available now for anyone who wishes to research invasive species and plants in Bermuda. Mr. Speaker, in conclusion, the Invasive Alien Species Act 2021 presented to this Honourable House is an effective regime tailored to Bermuda’s requir ements, our requirements. It will provide a b alanced approach to preventing the introduction of the worst invasive species and the tools to manage them if they do get established —and some of them have— while at the same time not making criminals of the unknowing. Mr. Speaker, I would like to thank the Director of the Environment and Natural Resources, Mr. Drew Pettit, and his team and Ms. Miriam Rogers who is a part of the team at the Parliamentary Counsel in the Attorney General’s Chambers for developing and drafting this legislation. Thank you, ver y much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP, you have the floor, Opposition Whip.
Mr. Jarion RichardsonThank you. And thank you, Honourable Minister. I would like to start by saying that invasive alien species is not a fringe topic and that this Bill actually does some good in putting some framework around a perpetual and ongoing battle against dam-ages to our environment and our ecology. I …
Thank you. And thank you, Honourable Minister. I would like to start by saying that invasive alien species is not a fringe topic and that this Bill actually does some good in putting some framework around a perpetual and ongoing battle against dam-ages to our environment and our ecology. I just want to touch on that a little bit because of my experience with the environment, Mr. Speaker. Growing up I just assumed it was some sort of strange topic that only strange people were interested in. And as I matured, I learned that it is far more than that. One of my earlier experiences was going to Nonsuch Island with Dr. David Wingate and he gave a great lecture and a tour on invasive alien species. Al though Nonsuch Island was not so different from Ber-muda that it was unrecognisable, there was a different quality to the whole place. And that piqued my interest about the state of our country, the state of our env ironment. I also had similar experiences when I was overseas in school. I was bunked with a Nativ e Ame rican from the Lakota tribe who took me around once or twice. And I was always stunned by his reverence for his environment. He was a very considerate, very slow-moving, very thoughtful person. And he always seemed to notice that there was a real dang er to us not taking care of our environment around us. That later on showed up because I read a book called Collapse by Jared Diamond which showed how, for example, the Easter Islanders in the Pacific Ocean act ually damaged their environment so much by def orestation that it caused the whole place to basically collapse. Another part of history that goes [like that] is the deforestation of the British Isles which did create this huge . . . what we call the “Georgian Navy” from, the, I want to say the late 18 th century, and early 19th century which allowed England to become a superpower but it radically changed their whole landscape. The Romans would look at the British Isles as a vastly different place than people who currently live there. And last but not least, Mr. Speaker, one of the reasons why this topic actually became quite interes ting to me was recent events where the tragedies in Haiti just drew my attention to history. So I did read a history about Haiti and one of the many tragedies that had befalle n that place was poor care of the environment, amongst other things. If you look at a satellite map at night of that island, you can see a line from Dominican Republic and Haiti, and it is stark. Through deforestation, through poor choices in their environ-ment management they removed topsoil —[then] earthquakes, landslides all became very bad. To that end, I took an interest in our environment in Bermuda. It is pointed to note that we live in a very unique place. There is only one Bermuda. There is no mirro r island like ours. Our endemic species are unique. Any visit to the aquarium will tell you just what 2006 24 September 2021 Official Hansard Report
Bermuda House of Assembly a prize we have, but we have made some errors along the way. And this Act goes some way to make sure we empower our civil servants to protect us and pr otect this jewel because people have been coming here for years to look at our beauty. It is not hard for it to go away. The Honourable Minister did speak to a couple events in other jurisdictions which radically altered their environment. And if that were to happen in Bermuda with our limited, something like, 13,000 acres, it would be over fast and there would be rel atively little we could do about it. But right now, Mr. Speaker, we do spend a bit of money taking care of invasive species. From the Budget Book I read that we have (and I stand to be corrected by the Minister if he likes) something like eight full -time equivalents in the terrestrial conserv ation and rain conservation workspace with multiple workstreams. And something in the range of $700,000 were spent per annum on that. So this fight is ong oing. It has been happening for some time. And it is a fight in which our team has been working without clar ity or support and I think that this legislation will do that. I think that this will empower them and give them a framework so that they can make sure that Bermuda always stays Bermuda. The team does have experience with management plans that are set out in this legislation. There are management plans online for everything from the feral chickens to the pigeons, crows, and the red-eared sliders that the Minister spoke about, even for the lionfish. And I agree with the Minister that we should probably eat our way out of that situation. I like that the legislation also clarifies which species are prohibite d versus restricted. Mr. Speaker, when it comes to regulatory frameworks the devil is in the details. And it is not hard to take offence to som ething like this because all of a sudden it sounds like a government body is going to punish you for having Casuarinas on your property. And that is not what this legislation does. Unfortunately, the devil is in the details and you would have to read through it to make sure that you were aware of exactly how it works. With that being said, Mr. Speaker, I have cautious optimism for this regulatory framework, and I look forward to the Director implementing it. But that does not mean that there are not some points to i mprove upon, Mr. Speaker. Specifically, the Honourable Minister mentioned how the intent of the legislation is not to create criminals. There is some wording, and when we get into Committee I will be speaking to it, and I think my colleagues as well will be speaking to some of the wording which we think goes against his intention. Also, Mr. Speaker, I do ha ve some concerns as it relates to how costs can wind up as civil debts by property owners. Again, there is some detail there that we will get into in Committee. But I do have some questions for the Minister on a going- forward basis that he could answer. Currently, what is the anticipated impact to the depar t-ment operations and cost going forward to implement this legislation? It does include action items for the Director and other people, so we would anticipate some form of new or different activity. So, my question is: What is the anticipated impact to operations and cost? Also, the legislation provides for the Minister to make regulations, governing aspects of this fram ework. I would ask the Minister when he anticipates tabling those regulations. And can t he Honourable Minister explain how species get added to any of the Schedules, which is prohibited species or restricted species which is Category A and under restricted Category B. With that said, Mr. Speaker, again, I have cautious optimism. I think it is about time that we equip the people who are in charge of this fight and I look forward to them stopping the damages that are incurred from the invasive species on our environment. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Mr. Dennis Lister III: Yes, Mr. Speaker.
Mr. Christopher FamousOkay. Mr. Speaker — Bermuda House of Assembly The Speaker: I know you are at a distance. I would remind you though that you should have on . . .
Mr. Christopher F amousYes, my apolo gies, Mr. Speaker. My apologies , I have on a blue shirt and a blue jacket. Mr. Speaker, in the Caribbean, governments have had to put more and more emphasis on env ironmental concerns. Why? Because in the Caribbean, Mr. Speaker, of whi ch Bermuda is still …
Yes, my apolo gies, Mr. Speaker. My apologies , I have on a blue shirt and a blue jacket. Mr. Speaker, in the Caribbean, governments have had to put more and more emphasis on env ironmental concerns. Why? Because in the Caribbean, Mr. Speaker, of whi ch Bermuda is still included, tourism is a key part of our economy and the tourists are not coming to see another New York. They want to see green trees. They want to see firelight. They want to see our native species. They want to see the Longtails and the Cahows in Bermuda. They want to see what is natural to Jamaica when they go to Jamaica. Mr. Speaker, governments around the region have had to be protective against invasive species and we applaud the Minister and his team for bringing this. Mr. Speaker , as you know too well, in the Cayman Islands the [green] iguanas from Central America have now literally taken over that island. The Minister was being kind in his very short brief. You cannot drive five minutes in the Cayman Islands wit hout seeing a carc ass of the green iguana. There have been millions of green iguanas that have literally mul-tiplied and multiplied and multiplied in the Cayman Islands. But, also, as the Minister said, mankind is the most invasive species that we have. Overdevelo pment in the name of profit in the Cayman Islands has literally killed thousands of acres of their mangroves. Native species have been wiped out. MP Richardson, from constituency 23, was also correct. If one was to fly over Haiti, over Hispaniola, you would not have to ask Where is the border? Because it is clear with your eye that deforestation and its slaughter (I use the word “slaughter” nicely) of native species, whether it is plant species or animal species, has been happening in Haiti for far too long. Mr. Speaker, closer to home, around Chris tmas time people were lining up for pine trees. But the Department of Environment [and Natural Resources] had to destroy hundreds of trees. Why? Not because they are anti -Christmas, not because they are the Grinch, but because some of these trees carried a species that, had it gotten into our public domain, would have destroyed part of our environment. Mr. Speaker, every island has to do what they have to do in order to protect their environment. If not, the environment, li ke Easter Island (according to MP Richardson), will be decimated. And with that decim ation of the environment, there is decimation of their tourism economy, and their economies on a whole. Not just the tourism economy, but their food sources. They will be forced to bring in more and more food just to survive. Mr. Speaker, the governments around the Caribbean, including Bermuda, have no choice but to protect our environment. So I applaud the Minister and his team for this work, and our entire party for this Bill. Again, Mr. Speaker, my apologies for not having on a blue tie.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time?
Mr. Dennis Lister IIIThank you, Mr. Speaker. My comments will be brief this evening, but I do want to thank the Minister and his team for bringing this piece of legislation to the House. I just want to first start off by saying, Mr. Speaker, that in another pos ition I wear the …
Thank you, Mr. Speaker. My comments will be brief this evening, but I do want to thank the Minister and his team for bringing this piece of legislation to the House. I just want to first start off by saying, Mr. Speaker, that in another pos ition I wear the hat of Chairman of the National Parks Commission. And with that I just want to start off in reference to the Bermuda National Parks Act 1986 , section 5(a). I just want to read it briefly just to . . . it gives . . . What it gives is the objective. Basically, it is the mandate or the duty of the National P ark Commi ssion. I just want to read that under section 5(a) that it is to “ safeguard and maintain plants and animals as well as geological, marine and other natural features or products, and fragile ecosystems of national or i nternational significance . . . .” So, I just want to stop there, but basically it is a mandate of the National Parks Commission to pr otect not just the flora and fauna of our ecosystem, but also other more sensitive geological and marine ec osystems. But, Mr. Speaker, yes, it was s aid by the speaker before me, we in Bermuda live alone out at sea on these 140- odd-something islands, where we do have a very sensitive and distinct ecosystem. And we must do our utmost to protect that ecosystem. It is very delicate ecosystem, Mr. Speaker. And also one of the previous speakers before me, MP Richardson, also highlighted the fact that when he was younger he had the opportunity to venture to Nonsuch Island. Mr. Speaker, I would like to reflect back to when I was younger I had the opportunity of visiting Nonsuch Island during a summer camp. And even though, as MP Richardson said, you are in Bermuda but it feels like a different world. It feels like going back in time to Bermuda in its natural state and exis tence with minimum to very little intervention from human beings. And, Mr. Speaker, seeing that nature and growing up and knowing about the Cahow [and] the Bermuda Skink, you know, birds and insects that are 2008 24 September 2021 Official Hansard Report
Bermuda House of Assembly native to Bermuda, endemic to Bermuda, and how . . . Mr. Speaker, we heard so much of how the Cahows were at one point close to extinction. But it was the research being done on Nonsuch Island that helped bring back the Cahow species to Bermuda, which a ttests to the work we can do to help bring back species that have been affected due to the invasive species that have been introduced to Bermuda, Mr. Speaker. Mr. Speaker, I did want to mention another slight point, and that is, again, the Minister mentioned a lot about terrapin turtles. And that actually hits home for me, Mr. Speaker, because as you would know, from young, I believe the age of 7 years old, my brothers and I have always had terrapin turtles. At one point we almost had a turtle farm going on. And so, Mr. Speaker, reading this piece of legislation as it came to me and finding o ut that the terrapin turtle is an invasive alien species to our native ecosystems is a bittersweet thing for me because as I have said I have had a relationship with terrapin turtles going back over 20 years. They are a good pet to have if a person does br ing them up correctly. We do have cases in Bermuda . . . and that is one of the main reasons why they have become an alien invasive species. People do get them as little turtles, when they are the size of maybe a dollar. And as they get older some people tend to, for whatever the reason, maybe they do not want to take care of them anymore, whatever the reasons are, they do tend to let them go in our national . . . whether it be our nature parks or our national parks, and that is where they are becoming a problem. Because they are not part of our natural ecosystem they have no natural predators, and they are free to go about living their lives, but they are destroying our natural ecosy stem. So, Mr. Speaker, it is bittersweet to hear about the terrapin turtles. But we have to do what we can to protect our natural environment, our endemic species. It was mentioned by the Minister in regard to the cedar trees. Growing up, all my life, I have been always . . . you, yourself, Mr. Speaker, and my mother have alway s talked about how Bermuda was once full of cedar trees. We know we have names in Bermuda [such as] Cedar Hill and Cedar Lane, because the cedar trees were just all throughout the Island. And it is sad to know that young Bermudians in my gener ation have ne ver been able to see the cedar trees to that extent. We see them in small patches here and there, but it is good [to see] the work that was done to stop that endemic. I believe it was called the cedar tick. So there was good work done to stop that and it helped to bring back the cedar trees. We are not at our full or to our best population of them, but they are coming back, Mr. Speaker. So it goes to show again that the work that we can do [is necessary] to help protect our natural and endemic, not just pl ants or animals, but also marine animals in cases where they are affected, you know, how we can protect that. So, again, Mr. Speaker, with my comments I lend my support to the Minister and his team for bring-ing this and I look forward to seeing this Bill passed in this House. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. 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. I know we have quite a full docket tonight so I will try and be pretty quick on this. And I have got some points for Committee and I will save most of those for there. Mr. Speaker, should I take my tie off in support …
The SpeakerThe SpeakerThis could become a tortoise and the hare story, you know? [Laughter]
The SpeakerThe SpeakerWe can move at the hare’s pace and not the tortoise’s. How is that?
Mr. Scott PearmanPerfect! Perfect! We broadly agree with the Honourable Mini ster in support of this Bill. I liked his opening sortie that humans are perhaps the most invasive of the species, and I think that it an interesting conversation for another day. But I would like to commend the Minister on …
Perfect! Perfect! We broadly agree with the Honourable Mini ster in support of this Bill. I liked his opening sortie that humans are perhaps the most invasive of the species, and I think that it an interesting conversation for another day. But I would like to commend the Minister on his environmentalist tendencies. I have done that before and I have seen efforts that he has made in certain spaces, energy savings, et cetera. Nonetheless, environmental zeal, whilst correct, also needs to be balanced. And so we would say that this Bill is a little bit like a road trip, Minister. We like where you are going; we are just not sure that all of the proposals are going about it completely the right way. So we are with you in principle, but not in respect to all of the proposals in the Bill. And I say that because I think that they could be fixed and the Bill could be better and you would have, probably, bipartisan support. This is a legitimate and serious problem. Only over the weekend I was out cutting Balloon Vine in the hedge and it is a real, legitimate problem. And for those who do not think it is a legitimate problem I would encourage them to read, if nothing else, the article by David Wingate on introducing invasive sp ecies from pro bably 10 years ago. But I guess I am getB ermuda House of Assembly ting old if gardening is a topic of great interest, but I think it is important. And we support the Minister on his recognition of its importance. That said, there are some serious problems with this Bill in my res pectful submission. The Bill is proposing to put people in jail for what is growing in their gardens. And that is just a bit extreme; it is not right. And I know the Minister — Hon. Walter H. Roban: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order . POINT OF ORDER [Misleading] Hon. Walter H. Roban: The Honourable Member is misleading the House. He is making an accusation that this Bill purports to put people in jail for what they are growing in their gardens. That is not what this Bill intends. My brief …
Point of order . POINT OF ORDER [Misleading] Hon. Walter H. Roban: The Honourable Member is misleading the House. He is making an accusation that this Bill purports to put people in jail for what they are growing in their gardens. That is not what this Bill intends. My brief spoke to that. We will speak to it further but that is a very strong and wrong implication that the Member should stay away from, Mr. Speaker. It is inaccurate and it is false, frankly, for the intention of this Bill.
The SpeakerThe SpeakerMember, the Minister made a point of order. I will ask you to be guided by that, and I am sure you can put your point in a . . . take a different tack in introducing your point. How’s that?
Mr. Scott PearmanWell, I will do that, Mr. Speaker. I will stick to the facts. T he fact is that this Bill at clause 29 introduces a criminal penalty of $50,000 or two years, or both, such fine and imprisonment, for a breach of section 4. And section 4 is the possession …
Well, I will do that, Mr. Speaker. I will stick to the facts. T he fact is that this Bill at clause 29 introduces a criminal penalty of $50,000 or two years, or both, such fine and imprisonment, for a breach of section 4. And section 4 is the possession of a prohibited species. So, I am correct to say to this Honourable House, and I stand by my statement, that this Bill, perhaps unintentionally, perhaps it is an oversight, proposes to put people in jail if they unknowingly have a prohibited species in their possession. And if that is not the Minister’s intention, and if that is not the Mini stry’s— Hon. Walter H. Roban: Point of order, Mr. Speaker. The Member is —
The SpeakerThe SpeakerAre you seeking a point of order or — Hon. Walter H. Roban: —making a false statement, again.
The SpeakerThe SpeakerMinister, Minister, Minister! Hon. Walter H. Roban: There is no law against pe ople planting things in their garden, Mr. Speaker.
The SpeakerThe SpeakerMinister, I am going to ask both of you to save that point until you get to Committee because you are referring to the clauses. And it is about the interpretation of the clause. So if I allow you both to go down that road now, you are going to …
Minister, I am going to ask both of you to save that point until you get to Committee because you are referring to the clauses. And it is about the interpretation of the clause. So if I allow you both to go down that road now, you are going to go into stuff that should be discussed in Committee. I think the Member has made his point. You have countered it from your perspective of what you think it is, but I think the prop-er place for discussing the impact of the clause will be in Committee.
Mr. Scott PearmanMr. Speaker, I will follow your direction and I will continue on and deal with it then. In addition, the criminal penalties in this Bill (and I will leave what they are and who they apply to for later) are applicable both to landowners, those who own property, but also …
Mr. Speaker, I will follow your direction and I will continue on and deal with it then. In addition, the criminal penalties in this Bill (and I will leave what they are and who they apply to for later) are applicable both to landowners, those who own property, but also to tenants and occupiers. And so I say, respectfully, that this is a sledgehammer to crack a nut. By way of example, there is another clause, and I won’t go into the clause specifically, Mr. Speaker, given your directions, but if you fail to find by your documentation, you are also committing an offence where the $15,000 fine or six months for the absence of recordkeeping. That is clause 13. So I am troubled by the fact that on a number of occasions the Minister said to the Honourable House that this is not his intention. If it is not his intention, then he needs to correct the Bill, respectfully. Moving on, Mr. Speaker. If it is not intended, an easy fix is to either take out the criminal penalties or alternatively to require guilty knowledge on the part of the person causing the offence. Otherwise, we are creating legislation that criminalises people for no good reason, criminalises ordinary citizens. And we have a struggle in the legal system as it is, Mr. Speaker, and it really should be reserved for “proper crimes.” (And I put that in quotes.) And so, again, I invite the Minister to reconsider . Again, I do that respectfully because if he did reconsider, I suspect he would have bipartisan support. The reason for that, of course, is that people need to be respectful of the laws and people do not want to be respectful of the law if everybody is i n breach of it and not knowingly so. And two or three more quick points, Mr. Speaker. The other question we have for the Honourable Minister is, Why now? I mean it does seem that this seems a little bit out of place where we might be bringing legislation here to benefit our economy or deal with the medical situation, health situation. Additionally, I would invite the Honourable Minister in reply to clarify — Hon. Walter H. Roban: Mr. Speaker, I am having quite a difficulty hearing the Honourable Member. I 2010 24 September 2021 Official Hansard Report
Bermuda House of Assembly don’t know if he can improve his sound because if he wants me to be able to give appropriate answers to his questions I think the sound quality needs to be improved. I really cannot hear him very well.
The SpeakerThe SpeakerOkay. MP, be mindful of the fact that y ou may not be as close to your microphone as you would like. And just try to see if you can improve your audio.
Mr. Scott PearmanMr. Speaker, are you having a similar difficulty hearing me?
The SpeakerThe SpeakerYou fade out at some points.
Mr. Scott PearmanOkay. I am afraid that this is subject to the wiles of the Internet connection. I was on my final question for the Minister.
Mr. Scott PearmanMinister, hopefully you can hear me better now. My final question is on enforcement. How do you propose to have this enforced and what further resources, financially, money, is be ing allocated for enforcement? Thank you, Minister. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Honourable Member wish to make a contribution at this point? Hon. N. H. Cole Simons: Yes, Mr. Speaker.
The SpeakerThe SpeakerI hear a voice. Hon. N. H. Cole Simons: Yes, Mr. Speaker, it is the Opposition Leader.
The SpeakerThe SpeakerOpposition Leader. Yes. Opposition Leader, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I always say that Bermuda is a garden par adise. And wi th a successful garden comes various species that make it healthy and viable. And so, Mr. Speaker, to protect our …
Opposition Leader. Yes. Opposition Leader, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I always say that Bermuda is a garden par adise. And wi th a successful garden comes various species that make it healthy and viable. And so, Mr. Speaker, to protect our garden paradise, I support any measure that will provide bio- security to this country. Mr. Speaker, from a planning point of view I know that we have various sub- plans, like feral chic kens and terrapin turtles and even some of our mangroves. But I was hoping that the Minister would pr o-vide some insight on the national plan for the management and elimination of invasive species. I know that we had that report that was produced by the garden clubs and others. But that is not a national management plan, and I was hoping that the Minister —
Hon. Walter H. Roban: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. Yes. POINT OF ORDER [Misleadi ng] Hon. Walter H. Roban: The Honourable Member is misleading the House. This report was produced by the Bermuda Government, not by the garden clubs. Just to be clear.
The SpeakerThe SpeakerThank you. Member, just be guided by the Minister’s r esponse. Hon. N. H . Cole Simons: Thank you, Mr. Speaker. Then I would go further on to say that this report was produced a number of years ago and things have evolved from an environmental point of view since …
Thank you. Member, just be guided by the Minister’s r esponse.
Hon. N. H . Cole Simons: Thank you, Mr. Speaker. Then I would go further on to say that this report was produced a number of years ago and things have evolved from an environmental point of view since then.
Hon. Walter H. Roban: Okay. Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. Walter H. Roban: It was produced in 2016. That is not that long ago. And I think he knows who was in the administration at the time. [ INAUDIBLE ] from a standpoint of natural environment. The natural env ironment evolves of millions …
The SpeakerThe SpeakerOkay. Thank you. Hon. N. H. Cole Simons: Thank you, Mr. Speaker.
The SpeakerThe SpeakerContinue on. Hon. N. H. Cole Simons: And so I would suggest that he make that plan and the framework public for public dialo gue and discussion, Mr. Speaker, so people can see the direction in which the Government is going in regard to enhancing our bio- security . As …
Continue on.
Hon. N. H. Cole Simons: And so I would suggest that he make that plan and the framework public for public dialo gue and discussion, Mr. Speaker, so people can see the direction in which the Government is going in regard to enhancing our bio- security . As I said, I su pport it. All I ask him for is more transparency. Mr. Speaker, I listened attentively to the Mini ster. Most of the things that he said I think I could live with. He spoke quite extensively on invasive plants and invasive animals and insects. But what I was li stening to hear more of was the pathogens. I was hoping that he could give us more insight into the pathoBermuda House of Assembly gens and how they are being managed and what pr oactive actions were taken for the pathogens and what we can do to proactively safeguard ourselves against these pathogens. I know we had issues with the banana trees , and I know we had issues with the palm trees down in Florida and some of the Caribbean islands. And I did not hear much. So when the Minister wraps up, it would be appreciated if he could give us some more information on the management and corrective measures that we are taking in the pat hogens, and in fact if he could provide more details on the pathogens and what mitigation measures we are taking to address the pathogens . As I said, I think he adequately covered the plants and animals, but I would like to have seen more information on the pathogens. Mr. Speaker, when it comes to the plants and animals, we know nature has a delicate balance. We have spoken about the Mexican Pepper trees [also known as the Brazil Pepper tree]. We all agree that the Mexican P epper trees are very, very invas ive, to the extent that we now have groves of Mexican Pepper trees around the I sland. Not just a hedgerow but a grove, like a mini woods of Mexican Pepper [trees]. My question to the Minister is, If you have such large groves, what type of resources will t he Ministry give the property owner to help clear up the grove, and will there be resources made available from a funding perspective to get rid of the grove and replace it with other plants that are endemic that basically bear flowers and fruit that will help our bee population? As the Minister knows, our bees thrive on Mexican Peppers. It is a source of food for them. So if we get rid of all the Mexican Peppers, there is an i mpact, and that is the delicate balance of nature, there is an impact on something else. And I am just using it as an example because if we get rid of all of the Mex ican Peppers, then we will have a challenge with our bees, and if we have a challenge with our bees we will have a challenge with our flowers and the fruit which grows in t his country, like citrus fruit, cherries, loquats, et cetera. And so that is the cause and effect and the delicate balance that we have to consider when we address these invasive species, because it always has a knock -on effect. Mr. Speaker, the other iss ue and another example of the cause and effect is Casuarina trees. We know that they are a right pain. I have no doubt about that. But I think we could be more measured in the way we cull them and pull them out, because most of the bluebird nests are built through Casuarina leaves. So if we get rid of the Casuarina trees, all of them, then we get rid of part of the bluebird population because it has an impact on their safety. And these are nature’s balances that we have to address. We can be hard on bio- security , but I say be hard and not impact nature’s balance. The interesting thing the Minister spoke about was snails. I know he is right. In fact, I did a tour at the local docks and I saw this lady going over with some sticks to the containers. And she was going from container to container. And what she was doing was looking for snails on the containers. And that is how they were examining; this was one of the methods used to examine and prevent these invasive animals from entering our ports of entry. And so I think we are as a country providing our best to mitigate such risks through such behaviour at the airport and looking for snails on each container. In fact, each container that comes into this country is inspected to make sure there are no snails on them. The Minister also spoke on the issue of Christmas trees and that family of ants that were in the Christmas trees. I know for a fact that sometimes we find small snakes in hay when they are imported for cows and horses. I know that once I was opening some hay at my place of work and out came this little four- or five -inch snake. I almost died because I hate snakes in the best of times. So I did my best to kill that reptile. I wouldn’t say another word, but kill that reptile. And so those things happen and I am not blaming the Government for it. It is just a way of life. And as the Minister said, it involves global travel and some of these invasive species are very good hitchhikers. Mr. Speaker, the other issue I would like for the Minister to address is i n regard to gardeners. I mean, just as we would like to have gardens that are well manicured, other people have a habit of trying to import exotic plants and exotic seeds for their gardens. And people also bring an equivalent to the fish fraternity. A lot of people bring in fish for their aquar iums and they like to have other exotic fish. Now, I am not saying the fish are invasive, I am just using them as an example, as the same equivalent as exotic plants. People will bring in exotic fish and then we have some gardening enthusiasts who like to bring exotic plant seeds or exotic animals. And so they may not be on the invasive species list, but now we have to engage an agent or somebody to prepare a permit application and an environmental risk assessment for one’s hobby of growing exotic plants. And I am certain that if you go around the Island to some of our homes you will find exotic plants that hobby gardeners would like to showcase because it was something special. And so we have to somehow manage the importation of these exotic plants and find a balance between that. I know once when I was Minister I went to the marketplace and there was breadfruit on the shelf. And I was going back to the Ministry when I was the Minister and I said to one of the people, I didn’t know we could sell breadfruit in Bermuda. Well, you would have thought a fire alarm was going off because in a heartbeat they went back to the [marketplace], r emoved the breadfruit from the shelves and had them burnt. And so those types of things are unintentional. We have addressed them. They have done their job, 2012 24 September 2021 Official Hansard Report
Bermuda House of Assembly but in some cases, as was said by my colleague, these things happen in an innocent fashion. I have another story. We know that a farmer went to the grocery store, bought some fingerling potatoes. And fingerling potatoes are not potato plants used for gardening. So, the farmer planted the fingerling potatoes and when they matured someone said to one of the staff members at [Agricultural] and Fisher-ies. I could buy fingerling potatoes from this farmer. And again, you would have thought there was a fire at the farm because our plant protection people were up there in a heartbeat and asked the farmer to pull up every fingerling potato he planted because it is not from planting stock. It was not inspected. The potato was repurposed from a potato that you eat to a potato that you farm. And it was a risk that the fingerling p otato that was purchased in the bag from one of the grocery stores was a threat to our biodiversity. And like I said, obvio usly the farmer was u pset because he had invested so much money in those potatoes and was asked to dig them up and they were burned. And therein he lost the capital that he inves ted in those potatoes. The other issue is the issue of other animals. Mr. Spe aker, it is going to be interesting in how we extend the list of species. When I first read this legi slation, I was thinking of our primate friends, our monkey friends. And I am smiling as I am saying this b ecause, Mr. Speaker, I was in Barbados and in som e cases Jamaica, but Barbados I remember quite clearly. I never have seen so many monkeys around running wild. And there were so many of them. I saw some in Africa. But I think I saw more in Barbados. And they are cute, yes, but they can be a right nuisanc e and they can be dangerous, and they can be strategic. And so I was surprised that the Minister did not have monkeys listed on the prohibited list, or pr imates. I remember as a young person my grandparents had two monkeys. I can remember as clear as day. They were squirrel monkeys. Their names were Gerald and Rudolph. And we had them in the cage and one day they got out. Well, they went all over the place causing all kinds of havoc to the neighbours and everything else. We did not intentionally let them out. They got out. And they were a nuisance. And so I am saying this because, again, it is damage and the uni ntended consequences of bringing these animals in. At that point in time we were allowed to bring in monkeys as pets. But having seen them in action . . . and I am an animal lover, as most of you know. But having seen the monkeys in action and what they can do t ogether as a family is unbelievable. So I was wondering if the Minister was considering adding them to the prohibited list. I am just going t hrough my notes. I don’t think have much more, but as the Minister said, as my co lleague said, you know, this is a colossal project from a national point of view. This is a costly project and at some point I think that we as a country, if we are ser ious about this, will have to probably provide some type of incentive or economic remuneration to help some of our landowners to manage and rid their pro perties of these invasive species. And this would be an ongoing project. Mr. Speaker, I will give you another example of invasive [species]. I have pots around my garden at home and in the pots, all of a sudden in different pots popped up cedar trees. Mr. Speaker, I did not plant those cedar trees at all! The birds dropped the seeds. And just as they could drop t hose seeds in those pots and germinate, they could drop other invasive seeds into our pots and into our gardens, and therein begins the cycle of another invasive plant. As I said earlier, we also have to do (as they say for COVID -19) a deep clean and then we have to do ongoing maintenance. The deep clean is going to cost this country millions and millions of dollars. And once we get this deep clean addressed, we will also have to address the ongoing maintenance. And as the Shadow Minister Pearman [asked], what type of budget do we have for this? And with COVID -19 around for the next 18 months, possibly, is this the right time to add strain to our economic purse, given that we need all of our resources dedicated to the mi tigation of COVID -19 and ensuring that our people are protected and are healthy and living productive lives. As you know, we have a journey to embark upon so that we can put COVID -19 behind us and we need all the resources to support that. And I think that this project here, national bio- security , is noble, but I question whether this is the right time to implement it given that we need all hands on board and all ec onomic resources to address the health crisis that we have in this country. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Ms. Susan E. Jackson: Yes, Mr. Speaker, I would just like to have a few words.
The SpeakerThe SpeakerMP Jackson, you have the floor.
Ms. Susan E. JacksonThank you. So, I am going to do my absolute best not to repeat and to keep it very short but I did have some questions and suggestions for the Minister. My first is that we are in the midst of COVID - 19 and so it seems almost a …
Thank you. So, I am going to do my absolute best not to repeat and to keep it very short but I did have some questions and suggestions for the Minister. My first is that we are in the midst of COVID - 19 and so it seems almost a distraction that we are focusing in on t his particular piece of legislation today. And so my question to the Minister is whether there is any international organisation where we need to meet a requirement, and is there sort of a deadline in order to abide by any international conventions or otherwise why this Bill is being tabled today or at this time? And
Bermuda House of Assembly if that is not the case, does Bermuda participate in any international conventions or organisations around i nvasive species so that we have a voice or a chair on a more global basis around the control of invasive species and such? So, I was just wondering if the Minister might be able to give us any insights on that. And then, of course, I could not help but almost shiver at the scary stories that the Minister was sharing. And I absolutely agree. I have been down to Cayman Islands. I have seen what the iguanas are like there, and it is absolutely horrible to be sitting in somebody’s yard for 10 minutes and all of a sudden you see three or four of these iguanas that are four or five feet long, tw enty pounds, skirting around and bu llying people who live in their homes and just invading the island. So the idea that we would ever have an ything remotely close to that sort of makes one’s skin crawl. So, with that, I am absolutely in favour of pr otectin g our Island from invasive species, especially things that are particularly intrusive, and that goes as well for the Mexican Pepper and the Casuarina. And whether the Minister is aware of it or not, certainly there have been voices in the community that ha ve been reaching out to me [who] are concerned about whether the invasive species that have been growing in their yards for years is something that they are now liable for. Do we go out right now and start culling our yards, or else face fines? So I think it is going to be important for the Minister to have some clarity around that so that there is not a high level of anxiety because everybody has invasive species in their yard somewhere. So, just being able to make that very clear to the community, what the situation is. The other side of it too is that when I had the privilege of traveling through Fiji, and when we were taking off, landing, during the flight, there were voiceover, long messages around having any kind of inv asive ingredients, species in ones possession while flying into Fiji, whether you are connecting through there or you are returning and staying on the island. And there were civil penalties for it. And the Customs at the airport were very strict and very vigilant about that. And when the Minister was speaking about the young child who brought an animal in from Gramma’s house, you know, how do we protect the Island from those kinds of situations? You know what happens when your little granddaughter gives you some garden vegetable seeds f or Christmas and how to very quietly dispose of them? Or by accident bring them home to Bermuda and how do we identify that kind of introduction of i nvasive species on the Island when it is a mistake? And then the other piece is that as I was rea ding through the legislation, I noticed that there was sort of an absence of any kind of community advisory panel or group of people who have the expertise or have a real passion for species in Bermuda, being able to give some support to this process. And when I read the definition of the “precautionary principle” which is that if there is a species that is being intr oduced to Bermuda and there is no scientific reason why it should not come to Bermuda, but it would r equire some conversation and consultation as to whether we should allow it or whether it should be prohibited, right now the legislation looks like it is going to prohibit anything across the board. But there may be some things that would fall under this preca utionary principle, rather than just prohibiti ng it without giving it any thought or reason, but maybe the likes of an advisory panel might be able to help in a situation so that it could be a controlled time on the Island, or in a very restricted manner it is kept on the Island, I don’t know. This is not my forte, but there may be som ething that provides a little bit of give, especially if there is no particular reason why a particular species could not be on the Island. And also around the management of elimination, because as I mentioned earlier, there is a feeling within the community that there is some anxiety that we should be out there in our yards getting rid of invasive species and whether there would be room for more of a community advisory panel, something to that effect, to help with the pl anning of the management of the elimination of invasive species within our yards and our community. And then another thing that could be useful for the likes of an advisory panel is maybe planning be-fore something gets imported into Bermuda, and this kind of goes back to my example in Fiji. But is there anything that we as a community could come up with so that we have a plan, and we have something in place even before anybody begins to think about i mporting something into Bermuda that may be inv asive? So , that it is more of a proactive approach rather than having an invasive species come to Bermuda and then there is punishment. That we might be able to be a bit more prevent ative and there may be people in the community who would like to help with that. So, it is a little worrying that there are folks in the community who do see this as being very, very strict. There is also a feeling that there is quite a bit of bureaucracy and costs around this. And, again, I am not in this area so I am not sure how it all works out, but when you are looking at the bio- [security] risk a ssessments that I would imagine an importer would have to pay an agent to create this report for the D irector, and then there are inspections at the port of entry that sometimes importers hav e to pay fees, I understand that there is quite a high fee for the i nspection of containers of, or boxes of, bananas right now. So, there are quite a few expenses involved in the importation of products and other species that the community may want to have , but the fact that it b ecomes cost prohibitive oftentimes ends up coming out of the pocketbook of the consumer. So, I don’t know what the Ministry could do about that, but it seems to me as I am reading through 2014 24 September 2021 Official Hansard Report
Bermuda House of Assembly this legislation, that there are an awful l ot of potential costs associated with the importation of certain species and it would be nice to find a better balance. When I think about something like the bio- [security] risk assessments, I know that resources are limited. But is this something that may be the Ministry or the department could assist with a little bit more than simply by giving the name of an agent who could carry out the report writing and such? I have quite a few questions that may be a nswered in Committee, but those were the main point s that I just wanted to share with the Minister before we go into Committee. Thank you, very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Any other Member? No other Member , Minister . Would you like to wrap us up and take us to Committee? Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you very much. It …
Thank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Any other Member? No other Member , Minister . Would you like to wrap us up and take us to Committee?
Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you very much. It has been an interesting debate, Mr. Speaker, on this Invasive Alien Species Act 2021. There were some questions which seemingly have answers that were presented. Some I got the impression that actually the Opposition was being very circular and actually answering things that I had actually mentioned in my brief. I do hope that they have an understanding of what t his legislation is for. It is for (1) to stop invasive alien species from coming into Bermuda. And those will be under the prohibited and restricted list to stop them from coming in. (2) It is also to manage what is already here. And to manage our ecosystem and our environment properly in a way that brings no harm or damage to the environment or to us who are living in the environment. The Act does not put in place penalties on the ongoing average, everyday efforts of people to garden in their gardens. Contrary to the false statements made, frankly, by Members of the Opposition, there was nothing in the Act that prohibits anybody from propagating for themselves.
Mr. Scott Pearm anThe Honourable Minister is not only misleading the House, he is imputing improper motives —
The SpeakerThe SpeakerWe cannot . . . you faded out again, MP Pearman. POINT OF ORDER [Misleading and imputing improper motive]
Mr. Scott PearmanThe Honourable Member is not only misleading the House, he is imputing an improper motive to my statement and said it is false when it is true. He should retract his statement.
The SpeakerThe SpeakerI am going to try to interpret because you were very weak. You were indicating that . . . your point of order was that the Minister is misleading the House by implying that your statement . . . he referred to your statement as false—
Mr. Scott PearmanTrue. Hon. Walter H. Roban: I didn’t mention anybody, Mr. Speaker.
The SpeakerThe SpeakerLet me finish. Let me finish. —implying that you were intentionally making a false statement.
The SpeakerThe SpeakerMinister, I just want to guide you in that because one person interprets it one way does not mean that they are intentionally misleading the House by saying a false statement. That is the interpretation of it and it is your job to take us down the right road with …
Minister, I just want to guide you in that because one person interprets it one way does not mean that they are intentionally misleading the House by saying a false statement. That is the interpretation of it and it is your job to take us down the right road with the Bill, going down the right road. But to imply that they intentiona lly made a false statement . . . that was just his interpretation of it. So I would ask you to be guided by that and speak to it from your perspec-tive.
Hon. Walter H. Roban: Thank you, Mr. Speaker. I did not mention anybody’s name, so I do not know one could say that any particular Member did it. But I will move on with my summing up, if I can be allowed to, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. Hon. Walter H. Roban: Thank you. So there is nothing in the legislation, as su ggested by the Opposition, to make illegal things which people are growing, that might be prohibited, uninte nBermuda House of Assembly tionally in their gardens. The prohibition would be against them taking …
Go right ahead.
Hon. Walter H. Roban: Thank you. So there is nothing in the legislation, as su ggested by the Opposition, to make illegal things which people are growing, that might be prohibited, uninte nBermuda House of Assembly tionally in their gardens. The prohibition would be against them taking something prohibited and profiting from it, cultivating it, and then profiting from it; —
Mr. Scott PearmanMr. Speaker. Hon. Walter H. Roban: growing a restricted, or pr ohibited, and then using it to profit from it.
The SpeakerThe SpeakerAre you trying to get a point of order?
Mr. Scott PearmanAgain, the Honourable Minister is misleading this House.
The SpeakerThe SpeakerMP Pearman, can I make a suggestion? Can you get somewhere where you audio is audible, because we just cannot hear right now.
The SpeakerThe SpeakerI know that you are on that big system in the office. Maybe if you just plug into your tablet or your phone, you may get a better audio. Continue on for the moment, Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker. I would like to really just sum …
I know that you are on that big system in the office. Maybe if you just plug into your tablet or your phone, you may get a better audio. Continue on for the moment, Minister.
Hon. Walter H. Roban: Thank you, Mr. Speaker. I would like to really just sum up then so that we can get to the bus iness of evaluating the Bill by clause. If you will, Mr. Speaker, I will go on to deal with some of the questions that were presented. A question was asked: What efforts are being made to control pathogens? Mr. Speaker, the answer to that is that we have a Plant Protection Lab that examines all plant material that is brought into the Island and inspects for diseases and other pathogens or other elements that you might find on plants. So we have a very deliberate and precise . . . all plant mat erial is insp ected by the Plant Protection Lab. I believe it does a good job. And I can also tell you that we are considered to be, essentially, to be the gold standard in the region when it comes to this level of protection and scrutiny that we do to the importation of plant m aterial. Daily our florists receive inspections. As I said, all live plant material that is impor ted is inspected. Every single plant! So that is what we do when it comes to the management. And this Bill is about management. And it is also about stopping that which will be restricted and particularly prohibited, from coming onto our shores before it gets here. That is the challenge we have now. Stuff finds itself here and there is no way to effectively manage the situa-tion, or even stop certain things from coming in here unless they are seen at the border. So that is what we are seeking to accomplish through the Bill. Mr. Speaker, some of the other questions were: What other resources will be required to oper ationalise this Bill and what it seeks to do from a standpoint of protection, restriction, management of inv a-sive alien species? The answer is that the department already has resources to enforce the legislation. So it is not necessarily going to be any new money r equired to do that. We have animal control. We have the Plant Protection Lab. We have the biodiversity section. We have the fisheries wardens. All of them participate in this actual process and this will continue, without necessarily any new money needing to oper ationalise this Bill. What we are giving them are much more stronger tools to do the job that they already do. Mr. Speaker, a question was: What are the anticipated costs to the department? I think I have answered that. There are none. There are no antic ipated extra costs to t he department. There will, obv iously, be the addition of the bio- [security] risk a ssessments. But those will be paid for by the appl icants. So it is not actually an additional cost. There was also a question about the timing of the regulations. Those are already in the process and they are near completion, so they can be expected to be tabled, certainly soon, or when the House resumes early in the next session. There was a question raised in relation to . . . and frankly, Mr. Speaker, while presenting my brief I received something that I normally do not see happen in the House, but it did happen. I had a Member interrupt me while I was doing my brief about . . . presumably I was giving more detail that was related to the Bill. Well, I would have presented information about what was in the Schedules, Schedule 1, which is a list of prohibited species, and Schedules 2 and 3 which have restricted species. Those are the areas that will have the list of species that we will be prohibiting from coming to the Isla nd and those that are restricted. And the prohibited species, Mr. Speaker, are those that are not established in Bermuda but are known pests from other jurisdictions. And it is pr oposed that they will be illegal to import, possess, trade and sell viable, live specimens of those species. Schedule 2 restricted (a) a species that are established and prove to be problematic to Bermuda for various reasons. And, essentially, the difference is that the Schedule . . . it would be like restricted species of that wh ich is already here and we need to manage their presence here, whereas the prohibited species, which is the Schedule 1, is to stop things from coming here. That is the fundamental task of this legislation, Mr. Speaker. So I hope that clears up that question for Members. Going on, Mr. Speaker, to some other answers, there seems to have been some question about how proficient our border control is. Well, Mr. Speaker, our border control is pretty good. The Cu stoms , the Plant Lab, the [INAUDIBLE] services and fisheries wardens all work together and there is an integrated manifest system which is shared by all in the work we do to deal with the big issues of contro lling the entrance of items at the border. I would like to thank Her Majesty’s Customs Department f or the work 2016 24 September 2021 Official Hansard Report
Bermuda House of Assembly that they do with us. My team advises me that it is an excellent service and they enjoy and appreciate wor king with Customs to do the work that they do. There were some questions about why there is no community participation in the Act, or some pr ovision for a community participation advisory group. Well, the answer is that this is a very technical subject in nature, and the expertise, frankly, is within the D epartment of the Environment to manage this and they are already doing it. They just need more effective tools to deal with the situation, which is what the legi slation proposes to do. The tool to be used is a bio- [security] risk a ssessment and an agent, paid for by the applicant (which I said already). This is for the i mportation of new s pecies that the bio- [security] risk assessment will be done. It will not be done with every importation. Any new sp ecies will be subject to a bio- [security] risk assessment. So no one will have to be labour with every importation of the same thing over and over again for bio- [security] risk assessment. It is when they bring som ething new that the bio- [security] risk assessment will be required. So it need only be done once to a par ticular importation. And the costs are outsourced to the agent and the applicant. Mr. Speaker, those are the questions that I can answer at this time. So I wish to move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy. House in Committee at 6: 15 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL INVASIVE ALIEN SPECIES ACT 2021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Invasive Alien Species Act 2021 . Minister Roban, you have the floor. Hon. Walter H. Roban: Mr. Chairman, I wish to now present a clause- by-clause analysis. The Ch airman: …
Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Invasive Alien Species Act 2021 . Minister Roban, you have the floor.
Hon. Walter H. Roban: Mr. Chairman, I wish to now present a clause- by-clause analysis.
The Ch airman: Yes. What clauses are you— Hon. Walter H. Roban: Yes. I thought I would . . . I am going to let you know right now, Mr. Chairman.
The ChairmanChairmanOkay. No problem. Hon. Walter H. Roban: I would like to start with clauses 1 through 10, if you would allow me.
The ChairmanChairmanClauses 1 through 10. Before you start, let me get Honourable Member Lovitta Foggo to take over. Hon. Walter H. Roban: Sure.
The ChairmanChairmanMs. Foggo. Ms. Foggo? Well, continue Minister, and we will get her over. Hon. Walter H. Roban: Thank you, Mr. Chairman. Mr. Chairman, the Bill seeks to—
The ChairmanChairmanOkay, MP Foggo, you can take over. Thank you. [Ms. Lovitta Foggo, Chairman]
The ChairmanChairmanMinister, please continue. I do apol ogise. Hon. Walter H. Roban: Thank you, Madam Chai rman, I am happy to see you today and be working with you once again, as always.
The ChairmanChairmanYes. Hon. Walter H. Roban: Madam Chairman, I will continue. The Bill seeks to create a regulatory fram ework in respect of invasive alien species, in the interest of the environment, human and animal health, the economy, and in the interest of facilitating international cooperation. The framework includes prohibiting and …
Yes.
Hon. Walter H. Roban: Madam Chairman, I will continue. The Bill seeks to create a regulatory fram ework in respect of invasive alien species, in the interest of the environment, human and animal health, the economy, and in the interest of facilitating international cooperation. The framework includes prohibiting and controlling the importation, propagation and supply of invasive alien species; managing invasive alien species including eradicating, reducing and preventing the spread of such species; and replacing such species with endemic or native species. Clause 1 cites the Act as the I nvasive Alien Species Act 2021. (And Madam Chairman, as I informed the Chairman, I am doing clauses 1 through 10 first.) Clause 2 provides definitions for key terms used in the Bill, including definitions for “precautionary principle ,” “prohibited invasive species ,” “restricted ‘Category A ’ invasive species ,” and “restricted ‘Category B ’ invasive species .” Clause 3 requires the Director to consult with relevant sections of the department before making
Bermuda House of Assembly certain decisions, including advising the Minister with respect to modifications to be made to Schedule 1, Schedule 2 and Schedule 3, and applying to the court for a forfeiture order in respect of an invasive species. Clause 4 defines a prohibited invasive species as a species listed in Schedule 1, and provides for offences in relation to such species . Clause 5 provides for the Minister to modify the list of prohibited invasive species set out in Schedule 1 by order subject to the negative resolution procedure. As a matter of urgency, the Minister may by notice published in the Gazette , declare a species to be a prohibited invasive species. Clause 6 defines a restricted “Category A” i nvasive species as a species listed in Schedule 2, and provides for offences in relation to such species. Clause 7 defines a restri cted “Category B” i nvasive species as a species listed in Schedule 3, and provides for offences in relation to such species. Clause 8 provides for the Minister to modify the list of restricted invasive species set out in Sche dules 2 and 3 by order subject to the negative resol ution procedure. As a matter of urgency, the Minister may by notice published in the Gazette , declare a species to be a restricted invasive species. Clause 9 relates to restricted “Category A” and restricted “Category B” invasive speci es, and a llows persons to apply to the Director for a permit to import a species or to apply for a licence to reproduce or otherwise deal with such species. A person or an approved agent who provides false or misleading i nformation or documentation in a material respect [on] an application or in a bio- security risk assessment commits an offence. Clause 10 relates to a non- native species that is not listed in Schedule 1, 2 or 3, and allows persons to apply to the Director for a determination as to whether the non- native species is an invasive species. A person or an approved agent who provides false or misleading information or documentation in a material respect on an application or in a bio- security risk a ssessment commits an offence. Thank you, Madam Chair man.
The ChairmanChairmanThank you, Minister. Are there any other Members who wish to speak to clauses 1 through 10?
The ChairmanChairmanMP Pearman, you have the floor.
Mr. Scott PearmanThank you. Minis ter, during the debate you and I differed as to whether or not this Bill creates criminal offences for people possessing certain prohibited invasive species. You recall I said that it does and you said it doesn’t. And indeed, you said that someone was mi sleading the …
Thank you. Minis ter, during the debate you and I differed as to whether or not this Bill creates criminal offences for people possessing certain prohibited invasive species. You recall I said that it does and you said it doesn’t. And indeed, you said that someone was mi sleading the House. I would like to start at clause 4, please. At clause 4 we see “Prohibited Invasive Species.” And clause 4(2) says, “No person—(b) shall . . . possess . . . a prohibited invasive species.” And at clause 4(3) it says, “A person who contra venes subsection (2) commits an offence.” So, Minister, I would ask you to agree with me to see if we can find common ground here, because there seems to be a misunderstanding either on my part or yours. But I read this as clause 4 saying that someone pos sessing a prohibited invasive species commits an offence. Would you agree?
The ChairmanChairmanMinister, you may respond. Hon. N. H. Cole Simons: I have a question before he responds, so he can respond to both questions. [Crosstalk]
The ChairmanChairmanMinister, do you yield, or are you . . . Hon. Walter H. Roban: I am happy to yield to get other questions.
The ChairmanChairmanOkay. Thank you. Opposition Leader. Hon. N. H. Cole Simons: Thank you very much. I would like to direct the Minister to page 4, and it says, “‘invasive species’ means —(a) a prohibi ted invasive species; (b) a restricted ‘category A’ inv asive species; and a restricted ‘category B’ invasive …
Okay. Thank you. Opposition Leader.
Hon. N. H. Cole Simons: Thank you very much. I would like to direct the Minister to page 4, and it says, “‘invasive species’ means —(a) a prohibi ted invasive species; (b) a restricted ‘category A’ inv asive species; and a restricted ‘category B’ invasive species.” A few minutes ago, the Minister indicated that the prohibited invasive species are basically there to prevent invasive species from entering the Island. And then he also indicated that the restricted invasive species, basically, are a species which are already on the Island. So can the Minister actually define the difference between the Category A and B? I know he has listed them, but they both (if I am correct) would apply to species which are already here. So what different iates in the definition, other than the list that he has provided? What is the differentiation between restric ted Category A and restricted Category B, given that the restricted invasive species are already here?
The ChairmanChairmanOkay, before the Minister answers, can I ask you to . . . okay. Thank you. Your camera is now on. Do you have other questions for the Minister? Hon. N. H . Cole Simons: I have one more.
The ChairmanChairmanOkay. 2018 24 September 2021 Official Hansard Report Bermuda House of Assembly Hon. N. H. Cole Simons: The second question, which is the line just below that. It says, “‘land’ includes any land covered by water such as canals, marshes and ponds.” Am I to assume that mangroves wi ll …
Okay.
2018 24 September 2021 Official Hansard Report
Bermuda House of Assembly Hon. N. H. Cole Simons: The second question, which is the line just below that. It says, “‘land’ includes any land covered by water such as canals, marshes and ponds.” Am I to assume that mangroves wi ll fall into this category as well? And those are my questions for that section. Thank you.
The ChairmanChairmanThank you, Minister. Hon. Walter H. Roban: Thank you, Madam Chai rman. The first question has to do with prohibited species. The prohibited species are species that should not be here. Hon. N. H. Cole Simons: I agree. Hon. Walter H. Roban: And anybody knowingly, — Madam Chairman, may I …
The ChairmanChairmanYes. Member, please allow the Mini ster to answer your questions. Thank you. Hon. Walter H. Roban: So the Member, I mean, he should not be speaking over me, Madam Chairman.
The ChairmanChairmanExactly. I agree. Opposition Leader, please allow the Minister to answer your questions. Hon. Walter H. Roban: Also, I was trying to answer the questions that were presented by MP Scott Pearman first.
The ChairmanChairmanYou may do that if you wish, Minister. Hon. Walter H. Roban: Thank you. Thank you.
The ChairmanChairmanContinue. Hon. Walter H. Roban: MP Pearman spoke specif ically about clause 4 and prohibited species. Prohibi ted species are the species that are listed in Schedule 1 that should not be here. And if anybody brings them in, that is knowingly committing an offence. And if you go through …
Continue.
Hon. Walter H. Roban: MP Pearman spoke specif ically about clause 4 and prohibited species. Prohibi ted species are the species that are listed in Schedule 1 that should not be here. And if anybody brings them in, that is knowingly committing an offence. And if you go through the list, which is in the Schedule . . . we are not debating the Schedule, but there is a list of species that should not be here. That is why they are prohibited. And they are specifically prohibited to pr event them from being imported. If they are imported, it is an offence. They are not here.
The C hairman: Okay. Minister.
Hon. Walter H. Roban: That is the answer to the question. There is not an offence . . . it is an offence only if you knowingly bring in that prohibited species which is specifically listed. Now, the Honourable Opposition Leader brought up about restricted and he seemed to kind of answer the question around what MP Pearman stated. But he also raised a question about whether r estricted species are here. It is a case of management when it comes to restricted species. And we have to manage how they are propagated and handled and also control their proliferation. And we know that pe ople may find these in their gardens unknowingly. There is no offence for unknowingly having a restric ted species in your garden. And we are speaking about gardens in particular in this case. But you should not take it and package it for profit. You may have it in your garden and it is there and you do not even know that it was there or maybe you were not even aware that it was a restricted species. But you k now . . . perhaps you learned later that it is and you will not do anything to have it proliferate to your profits. And it is all about management and there certainly is guidance to people as to what they should do. And most people when they find things that they learn are restricted or are invasive, they will r emove them. And there is no offence to possess a r estricted species in this legislation. Thank you. I am done on my answers to that. If there any other questions . . .
The ChairmanChairmanThank you. Are there any other Members — Hon. N. H. Cole Simons: Yes, I would like to just follow up on the Minister’s response.
The ChairmanChairmanOpposition Leader, you have the floor. Hon. N. H. Cole Simons: The Minister confirmed that the restricted invasive species are already here. So I go back to my original question. Other than listing, can he define the difference between Category A invasive species and Category B? What are the criteria …
Opposition Leader, you have the floor.
Hon. N. H. Cole Simons: The Minister confirmed that the restricted invasive species are already here. So I go back to my original question. Other than listing, can he define the difference between Category A invasive species and Category B? What are the criteria for Category A and what are the criteria for Category B on the restricted inv asive species? I think that is what I am trying to define or provide clarity around. B ecause he said they both are already here. So what qualifies one for Category A and what qualified one for Category B?
The ChairmanChairmanOkay, Member. Thank you. Minister. Hon. Walter H. Roban: Yes. Category A, you should not propagate for profit. Category B, you should not import Category B of the restricted. So that is the di fference. That is, you cannot bring it in without permi ssion. You might be able to …
Okay, Member. Thank you. Minister. Hon. Walter H. Roban: Yes. Category A, you should not propagate for profit. Category B, you should not import Category B of the restricted. So that is the di fference. That is, you cannot bring it in without permi ssion. You might be able to get a licence. And if you are an approved person, you can get a licence from the department. Those two restricted categories are essentially management categories, whereas the pr oBermuda House of Assembly hibited area is a total, unexceptional restriction. We do not want any of that here. So— Hon. N. H. Cole Simons: Okay. I’m with you. Hon. Walter H. Roban: So the management of both categories is different. One is to stop from coming in, then the restrictive Category A and B, they are already established here. So you have to manage how we deal w ith them as they are established species here in Bermuda. So like [Category] B you cannot import. [Category] A you should not propagate or manage for potential profit for yourself.
The ChairmanChairmanMinister, I think the Member understands the difference now . Thank you. Are there any other Members who wish to speak to the clauses?
The ChairmanChairmanMP Pearman, you have the floor.
Mr. Scott PearmanThank you, Madam Chairman. Still on clause 4, on page 6 of the Bill, I think I see where you and I are at cross purposes, Minister. I asked you whether or not there was an offence of possessing a prohibited invasive species, is what I said in the debate. …
Thank you, Madam Chairman. Still on clause 4, on page 6 of the Bill, I think I see where you and I are at cross purposes, Minister. I asked you whether or not there was an offence of possessing a prohibited invasive species, is what I said in the debate. Your response is that there is no offence in possessing a “r estricted” species. Those things are different. Can we agree, Minister, that there is an offence under clause 4 of possessing a prohibi ted invasive species and that by clause 4(3), “A person who contravenes subsection (2) of clause 4 commits an offence”?
The ChairmanChairmanYes. Hon. Walter H. Roban: Yes, but someone would knowingly be planning and acting to take . . . to co mmit an offence, Member. No one can have a prohibi ted species and not know that it is not, or could not be, because it is actually something that …
Yes. Hon. Walter H. Roban: Yes, but someone would knowingly be planning and acting to take . . . to co mmit an offence, Member. No one can have a prohibi ted species and not know that it is not, or could not be, because it is actually something that is not here already. Someone would have had to knowingly taken the steps to bring in a prohibited species contrary to laws that already exist. That’s the difference.
Mr. Scott PearmanMinister, going back to the definitions in clause 2— The Chair man: MP Pearman, you have the floor.
Mr. Scott PearmanThank you, Madam Chairman. Going back to clause 2, Interpretations, at the bottom of page 4, we see the definition of prohibited invasive species. Yes? It is those defined in section 4(1) and listed in Schedule 1. Correct? Hon. Walter H. Roban: [Clause] 4(1) and Schedule 1.
Mr. Scott PearmanYes. [Clause] 4(1) and Schedule 1. Hon. Walter H. Roban: Schedule 1 and you can see the list on page 17 of the Bill —
Mr. Scott PearmanYes, 17 and onwards. Right. [Page] 17 and onwards provides the list of prohibited invasive species for which there is an offence, a cri minal offence, if you possess them by reason of [clause] 4(2)(b), “shall . . . possess.” Can we agree to that?
The ChairmanChairmanMinister. Hon. Walter H. Roban: If they are not here already. Yes, that is an offence.
Mr. Scott PearmanSo, Minister, you seem to suggest in your answer that it was a question of whether you knowingly possess or you unknowingly possess. Where in clause 4 does the per son’s state of knowledge appear? Hon. Walter H. Roban: If they are not in Bermuda; if they knowingly bring it …
Mr. Scott PearmanWhere does it say “knowingly” in clause 4? It just says, shall possess. Hon. Walter H. Roban: No. I am explaining to you the action. The clause is actually worded in a certain way, but there is an operative intention to make . . . to a ctually create an …
Mr. Scott PearmanSo should clause 4(2) say, no person should knowingly — Hon. Walter H. Roban: Let’s say so mebody has it, MP Pearson, then you—
The ChairmanChairmanWill everybody speak to the Chair, please, so that there are not four people talking?
Mr. Scott PearmanYes, M a'am . Hon. Walter H. Roban: Yes, Madam Chairman.
The ChairmanChairmanSo please follow my lead. T hank you.
The ChairmanChairmanDid you finish you answer, Minister? Hon. Walter H. Roban: Can I just give an answer here? 2020 24 September 2021 Official Hansard Report Bermuda House of Assembly The Chairman: Yes. Hon. Walter H. Roban: Every species in Schedule 1, Madam Chairman and MP Pearman, are not in Bermuda right …
Did you finish you answer, Minister? Hon. Walter H. Roban: Can I just give an answer here?
2020 24 September 2021 Official Hansard Report
Bermuda House of Assembly The Chairman: Yes.
Hon. Walter H. Roban: Every species in Schedule 1, Madam Chairman and MP Pearman, are not in Bermuda right now. So if somebody were to take an ac-tion to bring them into Bermuda, they would be committing an offence. They are not here. So, there is no one here currently possessing them to commit an of fence. They are not here i n Bermuda.
The ChairmanChairmanThank you, Minister. Does that answer your question, MP Pearman? I think the Minister attempted to clarify.
Mr. Scott PearmanThank you, Madam Chairman. He has attempted to clarify. My next question is in relation to clause 6.
Mr. Scott PearmanThank you, Madam Chairman. Clause 6 is different from clause 4, as you pointed out. It deals with Category A, restricted inv asive species. Yes? And at clause 6(2), if these are imported they must be imported by permit. And at clause 6(3), anyone who contravenes subsection (2) commits an …
Thank you, Madam Chairman. Clause 6 is different from clause 4, as you pointed out. It deals with Category A, restricted inv asive species. Yes? And at clause 6(2), if these are imported they must be imported by permit. And at clause 6(3), anyone who contravenes subsection (2) commits an offence. And this is in respect of restricted invasive species. So it is the importation without a permit that would be an offence. Correct?
Hon. Walter H. Roban : Yes.
Mr. Scott PearmanThank you. Madam Chairman, if I may, my next question is on clause 7—unless an yone else . . . Hon. N. H. Cole Simons: I had one.
Mr. Scott PearmanI will defer. Hon. N. H. Cole Simons: And Madam Chairman, I —
The ChairmanChairmanExcuse me . Hon. Walter H. Roban: May I just make one other point, please, Madam Chairman? If you will allow . . .
The ChairmanChairmanPlease yield to the Minister. Thank you. Minister. Hon. Walter H. Roban: The result of the provision for an amnesty is if a certain circumstance arises that we do not know about. So we do have the provision to create an amnesty opportunity for somebody if we find that the …
Please yield to the Minister. Thank you. Minister.
Hon. Walter H. Roban: The result of the provision for an amnesty is if a certain circumstance arises that we do not know about. So we do have the provision to create an amnesty opportunity for somebody if we find that the special circumstances, they may possess a prohibited or restricted and they did not know that it was. So there is a n amnesty provision as well that we can exercise.
The ChairmanChairmanOkay. Thank you, Minister. [Crosstalk]
The ChairmanChairmanOpposition Leader, you have the floor. Hon. N. H. Cole Simons: Yes, I asked this question before and I did not get an answer. I think it was just omitted by error. Minister, the definition of “land” includes c anals, marshes and ponds. Do they also include mangroves? Hon. Walter …
The ChairmanChairmanMinister. Yes, okay. Question answered. Is that it? Hon. N. H. Cole Simons: Yes.
The ChairmanChairmanOkay. Are there any other Members . . . I think Scott Pearman you . . . Sorry. Member, you indicated that you wish to ask questions on clause 7?
Mr. Scott PearmanThank you, Madam Chairman. Minister, clause 7, which is at page 7 of the Bill, then sets out restricted Category B, invasive sp ecies. So, this is the third grouping. It is the prohibited restricted “A.” This is restricted “B.” Again, [ clause] 7(2) provides that “No person shall import …
Thank you, Madam Chairman. Minister, clause 7, which is at page 7 of the Bill, then sets out restricted Category B, invasive sp ecies. So, this is the third grouping. It is the prohibited restricted “A.” This is restricted “B.” Again, [ clause] 7(2) provides that “No person shall import . . . except under a permit . . . .” Can you agree with me that at clause 7(3), “A person who contravenes subsection (2) commits an offence.”? Yes?
The ChairmanChairmanMinister. Hon. Walter H. Roban: If they do not have a permit, if they do not have the appropriate permissions, yes.
Mr. Scott PearmanOkay. Thank you, Minister. Thank you, Madam Chairman, those are my questions for clauses 1 through 10.
The ChairmanChairmanThank you. Does any other Member have an y questions? Bermuda House of Assembly Ms. Susan E. Jackson: Madam Chairman, I have a question.
The ChairmanChairmanYes, I believe that is Member Susan Jackson. Member, you have the floor.
Ms. Susan E. JacksonThank you. This is page 6, clause 5(2). There is a piece in here that deals with a matter of urgency. So if there is a prohibited invasive species, the Minister may as a matter of urgency, advise the Director to declare the species prohibited. One, if I could get …
Thank you. This is page 6, clause 5(2). There is a piece in here that deals with a matter of urgency. So if there is a prohibited invasive species, the Minister may as a matter of urgency, advise the Director to declare the species prohibited. One, if I could get an example, and two, why or if there would ever be a sunset clause on that prohibition, as a . . . you know, as a matter urgency we cannot have that in the Island, but then at some point that may go away. I do not know under what circumstance, but I am just curious.
The ChairmanChairmanIs that your question, Member?
Ms. S usan E. JacksonYes. I would like an example from the Minister of what would be a prohibited species that would, as a matter of urgency, be declared prohibited. And then would there be an opportunity at some point to sunset that? Hon. Walter H. Roban: Okay.
The ChairmanChairmanOkay. Thank you, Member. Minister, you have the floor. Hon. Walter H. Roban: Thank you. As I stated in my brief, the prohibited list is not exhaustive and will be subject to change. We may discover that there is something that has ap peared here in Bermuda that is invasive …
Okay. Thank you, Member. Minister, you have the floor. Hon. Walter H. Roban: Thank you. As I stated in my brief, the prohibited list is not exhaustive and will be subject to change. We may discover that there is something that has ap peared here in Bermuda that is invasive and might be a danger to our ecosystem that we did not think of which was not factored in. Maybe it is a specie of bird or something that has, you know, uniquely landed in Bermuda and we know that it is a problem species and it gives the Minister the latitude to urgency add it to the list.
Ms. Susan E. JacksonOkay. Hon. Walter H. Roban: It would be in a circumstance where it is something that we did not anticipate, as I stated. The prohibited list is one that will change; it is subject to change. So we can add things that we find in the interest of protecting our …
Okay. Hon. Walter H. Roban: It would be in a circumstance where it is something that we did not anticipate, as I stated. The prohibited list is one that will change; it is subject to change. So we can add things that we find in the interest of protecting our environment that we need to act in a very quick order.
The ChairmanChairmanOkay. Thank you, Minister. Are there any other Members who wish to ask question for clauses 1 through 10?
The ChairmanChairmanMP Richardson, you have the floor.
Mr. Jarion RichardsonThank you, Madam Chai rman. My question is as it relates to clause 4(2)(c). I believe there is a typo here that seems to create an obligation on people to release prohibited invasive species. Clause 4(2), Minister, says, “No person— (c) who owns or has possession of a prohibited inv …
Thank you, Madam Chai rman. My question is as it relates to clause 4(2)(c). I believe there is a typo here that seems to create an obligation on people to release prohibited invasive species. Clause 4(2), Minister, says, “No person— (c) who owns or has possession of a prohibited inv asive species shall release, or fail to prevent . . . I apo logise. I just spotted the error. Thank you, very much.
The ChairmanChairmanOkay. Are there any other Members who wish to ask questions on clauses 1 through 10? There being no other Members . . . Minister. Hon. Walter H. Roban: So was there a question pr esented by the Honourable —
The ChairmanChairmanNo, he removed his question because he found the error. Hon. Walter H. Roban: All right. Fine.
The ChairmanChairmanYes. Hon. Walter H. Roban: I would like to move that clauses 1 through 10 be approved.
The ChairmanChairmanClauses 1 through 10 have been moved. Are there any objections? There being none, continue, Minister. [Motion carried: Clauses 1 through 10 passed.] Hon. Walter H. Roban: Thank you, Madam Chai rman. I will now read clauses 11 through 22.
The ChairmanChairmanOkay. You have the floor, Minister. Hon. Walter H. Roban: Thank you. Clause 11 provides that where an application is made under clause 9 in respect of a non- native species that is not listed in Schedule 2 or Schedule 3, the Director may deny the application based on the …
Okay. You have the floor, Minister.
Hon. Walter H. Roban: Thank you. Clause 11 provides that where an application is made under clause 9 in respect of a non- native species that is not listed in Schedule 2 or Schedule 3, the Director may deny the application based on the precautionary principle. The Director may attach conditions to a permit or licence as he sees fit, and it shall be a condition of every permit or licence that it shall not be transferred without the written permission of the Director. The Director shal l not issue permits or licences retroactively. Where an application is denied, the Director must state the reason for doing so. The Director may suspend a permit or licence for the purpose of completing an investigation where he has reason to believe that an offence was committed in 2022 24 September 2021 Official Hansard Report
Bermuda House of Assembly respect of either the application or the bio- security risk assessment. Clause 12 provides for certain offences in r elation to permit and licence holders. It is an offence to release, or to fail to prevent the escape of, a restri cted invasive species into the environment, or to fail to comply with a condition attached to a permit or l icence. Clause 13 requires permit and licence holders to retain records, in such manner and for such period, as may be prescribed by Regulations, and for it to be an offence to fail to do so. Clause 14 provides for the Director to prepare for the Minister’s approval, management and emer-gency plans in respect of invasive species. The plans must include, among other things, the threats posed by the speci es to the environment, human and animal health, and the economy, and measures to be taken to eliminate, reduce, or prevent the spread of such species including replacing such species with endemic or native species. The plans must be published on the Government website, and made available for pu blic inspection at the offices of the department. Clause 15 provides that where a plan a pproved by the Minister relates to privately owned land, the Minister may enter into an agreement with the owner or occupier of t he land or apply to the Supreme Court for an order, for the purpose of managing the invasive species on that land. The owner or occupier is entitled to be heard in respect of an application, and reasonable expenses incurred by the Minister for i mplementing the plan may be recovered from the owner or occupier summarily as a civil debt. Clauses 16 and 17 provide for the Director, with consent or under a warrant, to enter and search any specified place, transportation or premises (i ncluding residential premises) where he has reason able cause to believe that evidence of an offence is at the place and to seize any evidence found. The term “specified place” includes a boat, ship, aircraft or any container, storage facility or similar enclosure. A person who obstructs the Director in the performance of his duties commits an offence. The Director may use reasonable force to make entry, but only if specified in the warrant and if accompanied by a police officer. Clauses 18 and 19 require an owner, occupier or person i n charge of premises, a specified place, or transportation to assist the Director in a search under clause 16, if requested to do so, and for it to be an offence to fail, without reasonable excuse, to comply with a request. The Director must provide a writ ten notice of any invasive species or evidence seized during a search. Clause 20 provides for the Director to apply to a magistrate for an order of forfeiture in respect of an invasive species, whether or not a person has been prosecuted for an offence; and for any person appearing to be the owner of the invasive species to be heard by the magistrate. An invasive species [forfei t-ed] to the Crown shall be disposed of as the Director sees fit. Clause 21 provides for applications to be made for an exemption in relation to the importation and possession of a prohibited or restricted invasive species. Applications may be made, for limited purposes, by the Bermuda Government, the Bermuda Aquarium Museum and Zoo, and other persons. The Minister [must] consult with the Director before making a decision, and may attach such conditions to an exemption as he sees fit. Clause 22 allows the Minister to publish noti ces in the Gazette, from time to time, requiring persons who own or have in their possession a prohibited i nvasive species to notify the Director of that fact, and to comply with a direction given by the Director, including a direction to dispose of the species. Information gi ven by a person shall not be available as evidence against that person in court proceedi ngs. A person aggrieved by a direction may appeal to the Supreme Court. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Minister. Are there any other Members who wish to speak clauses 11 through 22?
Some Hon. Members Some Hon. MembersYes, Madam Chairman. The Chai rman: Okay.
Mr. Jarion RichardsonThank you, Madam Chai rman. Would the Honourable Minister just walk us through claus es 14 and 15? Clause 14 makes a pr ovision for plans to manage invasive species and these plans include certain specifications, presumably timing would be included and how much work a person has to put …
Thank you, Madam Chai rman. Would the Honourable Minister just walk us through claus es 14 and 15? Clause 14 makes a pr ovision for plans to manage invasive species and these plans include certain specifications, presumably timing would be included and how much work a person has to put in to accomplish removing invasive species on their lan d and/or land that they either own or occupy. Clause 15 allows the Minister to implement a plan in respect of private land. And in clause 15(1) an area of land where the plan can be approved and the Minister, if he has an agreement with the private land-owner, can simply proceed with the plan. However, where there is no agreement, under clause 15(2), the Minister may apply to the Supreme Court for an order which will require the owner or occupier within a specified timeframe to carry out such measures in accordance with the plan approved by the Minister. And were that person not to comply with that order, any charges incurred by the Minister in carBermuda House of Assembly rying out the plan would be a debt he could recover from the owner or occupier. So my question to the Minister is . . . this seems very heavy -handed and quite draconian. What is the justification, or what is the logic in using such a severe force, given there is no right to appeal or any other way to make a representation again the plan? Thank you, Honourable Minister. Thank you,
Madam Chairman.
The ChairmanChairmanMinister. Hon. Walter H. Roban: Thank you, Madam Chai rman. I disagree with the Honourable Member, that clearly there are . . . in clauses 14 and 15 people can obviously . . . through the clauses that I hav e outlined, they do have an opportunity to . . …
Minister.
Hon. Walter H. Roban: Thank you, Madam Chai rman. I disagree with the Honourable Member, that clearly there are . . . in clauses 14 and 15 people can obviously . . . through the clauses that I hav e outlined, they do have an opportunity to . . . if they are a ggrieved by the decision of the Minister, they do have an opportunity to go to the courts. And that is in all cases through this legislation. So there is no prohib ition of people getting their f air justice if they feel that the decision around a management plan as described may not be in their interest. They can certainly take legal remedy against the decision just as you can in any decision by a government, through like the judicial review, or otherwise. So, that is a right that all people have. But when it comes to the issue of us having plans on like the basis of a private holding, it may be found that what is actually present there as invasive is actually harmful to the rest of the environment around it. And the Government needs to take steps to mit igate or limit the impact that this invasive species may take. And if the Government is certainly funding that effort, the Government should be able (if it chooses) to be compensated for its work in the interest of conservation, like protection, obviously in the interest of better management of invasive species. So that is the spirt of those clauses in my view, and as outlined the environment, human and animal health, are the priorities of those clauses as I described.
The ChairmanChairmanThank you, Minister. Are there any other Members who wish to speak to clauses 11 through 22?
Ms. Susan E. JacksonI am just interested in clause 14(2)(c). Why wouldn’t we determine the threats posed by a species, threats to the economy, et cetera? Why wouldn’t we determine that before we get into management of the invasive species?
The ChairmanChairmanMinister. Hon. Walter H. Roban: That is obviously what we would do. Of course we would do that.
Ms. Susan E. JacksonSo, you would . . . the way the legislation looks it is like you could pick a piece of land, say you don’t like that p articular flora or fauna, and then you would come up with the reasons why it was a threat, versus determining that something is …
So, you would . . . the way the legislation looks it is like you could pick a piece of land, say you don’t like that p articular flora or fauna, and then you would come up with the reasons why it was a threat, versus determining that something is a threat first, and then going out and if you see the species then you create a plan to manage it. And the reason I am asking this is, like I said, I am not a professional in this. I have no expertise. But what if there was some, I don’t know, some exotic fruit that som ebody has brought into Bermuda? Maybe they got permission. The department then, before they even deal with the management plan, would determine the threat. And then once they had determined the threat, then they would identify the land and the owner and then come up with a plan to eradicate it.
The ChairmanChairmanMinister. Hon. Walter H. Roban: Thank you, Madam Chai rman. Actually, the Member gives a very bad example. That is not a good example. I understand the point she is trying to make. It is a bad example.
Ms. Susan E. JacksonI am not an expert. Hon. Walter H. Roban: Let me give an example.
The ChairmanChairmanPleas e do not crosstalk. Thank you. Minister, you have the floor. Hon. Walter H. Roban: If there was a parcel of land that had a huge complement of . . . that was close to the waterside, that had Casuarinas and the continued existence of those Casuarinas coul d …
Pleas e do not crosstalk. Thank you. Minister, you have the floor. Hon. Walter H. Roban: If there was a parcel of land that had a huge complement of . . . that was close to the waterside, that had Casuarinas and the continued existence of those Casuarinas coul d contribute to the erosion of the seaside, if we do not remove them, it could contribute to the erosion and ultimately the det erioration of the seaside which is on private land. That would be a case where it is clear that this is invasive, it is actually a danger to the existence and the integrity of that parcel of private holding and we would then construct a plan, always with the agreement is our intention, with the landholder to remove it, particularly if it is creating considerable damage to the shorel ine and contributing the erosion, which is typical of Cas uarina trees in particular in Bermuda on the seaside. That type of situation is probably more appropriate to describe if you are looking to how this actual clause would operate.
2024 24 September 2021 Official Hansard Report
Bermuda House of Assembly Ms. Susan E. Jackson : Thank you. Thank you, Mi nister.
The ChairmanChairmanMP Jackson, do you have any other questions?
The ChairmanChairmanYou are welcome. MP Pearman, you indicated that you had questions.
Mr. Scott Pearm anOh, thank you. Thank you, Ma dam Chairman. My question is on clause 13 at page 9 of the Bill. And clause 13 is under the heading “Record keep ing.” Minister, do you agree with me? It says, “A person to whom a permit or a licence has been issued …
Oh, thank you. Thank you, Ma dam Chairman. My question is on clause 13 at page 9 of the Bill. And clause 13 is under the heading “Record keep ing.” Minister, do you agree with me? It says, “A person to whom a permit or a licence has been issued under thi s Act shall retain such records . . . .” And under subsection (2) “A person who fails to comply with subsection (1)” (that is the retention of records) “commits an offence.” Yes?
[Inaudible interjections]
Hon. Walter H. Roban: Yes.
Mr. Scott PearmanAnd it does not say knowingly fails to comply, does it? It just says, fails to comply. Hon. Walter H. Roban: May I just state that those persons who will be receiving permits or licences are people who we know have experience and have the technical abili ty to handle …
And it does not say knowingly fails to comply, does it? It just says, fails to comply. Hon. Walter H. Roban: May I just state that those persons who will be receiving permits or licences are people who we know have experience and have the technical abili ty to handle the species that they have permission to handle. And with all licensing within this Ministry, whether it be fishery licences or other types of licences, recordkeeping is required as a matter of law. We are not asking anybody [for anything] that they are not asked for in any other avenue of the env ironmental area. This is same that is asked of fisherman, it is asked of others, even persons in the farming industry. Commercial farmers are required to keep records on the usage of pesticides and ot her agents that they use to treat their crops. It is no different. And they are given licences to use those substances. It is the same principle.
Mr. Scott PearmanThank you. Again, in respect to clause 13, Minister, are you saying that fisherman or farmers, et cetera, who lose their licences can be put in jail for their failure to comply with retaining that licence? Because that was what I thought you just said. Hon. Walter H. Roban: Madam …
Thank you. Again, in respect to clause 13, Minister, are you saying that fisherman or farmers, et cetera, who lose their licences can be put in jail for their failure to comply with retaining that licence? Because that was what I thought you just said.
Hon. Walter H. Roban: Madam Chairman, the Honourable Member is imputing language that is not there. It says an offence. And yes, if somebody who is a fisherman does not keep proper records for the l icences they carry, they could lose their licence, b ecause that is a requirement of holding the licence, as an example. There is nothing here about anybody going to jail. It says “offence.”
The ChairmanChairmanRight. Are there any other Members who wish to speak to clauses 11 through 22? There being no other Member . . . Minister. Hon. Walter H. Roban: Thank you, Madam Chai rman. I move that clauses 11 through 22 be approved.
The ChairmanChairmanThe Minister has moved that clauses 11 through 22 be approved. Are there any objections? There being no objections, Minister, continue. [Motion carried: Clauses 11 through 22 passed.] Hon. Walter H. Roban: Thank you, Madam Chai rman. Clause 23 provides for a person to apply to the Director to be …
The ChairmanChairmanMinister, okay. Continue, go ahead. Hon. Walter H. Roban: Yes, I will begin with clause 23, Madam Chairm an, as I ended with clause 22.
The ChairmanChairmanContinue. Hon. Walter H. Roban: Clause 23 provides for a person to apply to the Director to be licensed as an approved agent. A person commits an offence if he pr ovides false or misleading information or documents in a material respect in relation to an application. Clause 24 provides …
Continue.
Hon. Walter H. Roban: Clause 23 provides for a person to apply to the Director to be licensed as an approved agent. A person commits an offence if he pr ovides false or misleading information or documents in a material respect in relation to an application. Clause 24 provides for authori sed officers to perform the duties of the Director set out in clauses 14, 16, 17, 18, 19 and 20. Clause 25 provides for the Director to make an order requiring information or documents from permit and licence holders for the purpose of ascerBermuda House of Assembly taining compliance with the Act or the conditions of a permit or licence, or for statistical or research purposes. It is an offence to fail to comply with an order. Clause 26 provides for an applicant, who is aggrieved by a decision of the Director, to apply to the Minister for the decision to be reviewed including a decision of the Director to deny or revoke a permit or a licence, or to deny an application for a licence as an approve d agent. Where the Minister confirms the D irector’s decision, he must notify the applicant of the reason for his determination. A person aggrieved by the Minister’s determination may appeal to the S upreme Court. Clause 27 provides for appeals to the S uprem e Court under clauses 22, 26 and 30 to be made within twenty -eight days of a written direction or determination, and for the decision of the Court to be final. Clause 28 provides for the Minister to make regulations, including regulations relating to appli cations for permits and licences, matters relating to bio-security risk assessments, and the qualifications r equired for persons to be licensed as an approved agent. Clause 29 provides penalties for offences committed under the Act. Clause 30 is a transiti onal provision applying to persons who own or have in their possession a prohibited invasive species on the day this Act comes into operation. Such persons must notify the Director of that fact, and comply with directions given by the Director in writing, including a direction to dispose of the species. A person aggrieved by a direction given by the Director may appeal to the Supreme Court. Clause 30 also applies where an order is made or a notice is published under clause 5 adding a prohibited invasive species to Schedule 1. Clause 31 makes a consequential amendment to the Government Fees Regulations 1976 to provide for fees in respect of applications made under this Act. Clause 32 provides for this Act to come into operation by notice published in the Gaze tte. Thank you, Madam Chairman.
The ChairmanChairmanThank you, Minister. Are there any other Members who wish to speak to clauses 23 through 32?
The ChairmanChairmanMP Pearman, you have the floor.
Mr. Sco tt PearmanThank you. Minister, my question is in relation to clause 29, at page 15 of the Bill. That is the section that sets out the penalties for offences. And you will recall we looked at clauses 4, 6, 7 and 13. Hon. Walter H. Roban: I’m sorry. [IN AUDIBLE] [Crosstalk]
The ChairmanChairmanExcuse me, MP Pearman. Will you yield for the Minister?
Mr. Scott PearmanOf course, Madam Chairman. Clause 29 at page 15 provides the penalties for offences. Does the Minister have clause 29? Hon. Walter H. Roban: Yes.
Mr. Scott PearmanAnd if we start at the bottom at clause 29(3), there we see “a person who commits an offence under sections” (and there is a various bunch of sections) “is liable on summary conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, …
Mr. Scott PearmanAnd clause 13 is identified there as leading to a fine of $15,000 or imprisonment for six months. Clause 13; yes?
The ChairmanChairmanMinister, do you wish to acknowledge for the Member? Hon. Walter H. Ro ban: The Member is reading the clause verbatim. I mean, it is what it is. I am just wai ting to hear his question.
Mr. Scott PearmanWell, my question is, when we dealt with clause 13, I suggested to you that a commission of an offence of having failed to comply with the retention of records could land you up in jail. And you seemed to reject that. But that is what clause 29(3) says, doesn’t …
Well, my question is, when we dealt with clause 13, I suggested to you that a commission of an offence of having failed to comply with the retention of records could land you up in jail. And you seemed to reject that. But that is what clause 29(3) says, doesn’t it?
[Crosstalk]
Hon. Walter H. Roban: Actually, you are incorrect. I did not reject that it was an offence.
2026 24 September 2021 Official Hansard Report
Bermuda House of Assembly Mr. Scott Pearman: Okay. So an offence by —
Hon. Jason Hayward: Point of order, Madam Chai rman.
The ChairmanChairmanWhat is your point of order, Minister Hayward? POINT OF ORDER Hon. Jason Hayward: The Member has [continually] not addressed you as the Chairman. A nd his line of questions mirrors interrogation rather than the way in which we should be conducting ourselves in this Chamber.
The ChairmanChairmanThank you, Minister Hayward. MP Pearman, be clear on what the clauses do say. I think the Minister has tried to answer your ques-tions. And I think the things that are quite obviously printed in the legislation . . . we can all agree that this is what is printed …
Mr. Scott PearmanWell, Madam Chairman, I am grateful that we agree that these breaches, these offences, lead to criminal penalties and imprisonment because the Minister was saying that was not the case. And I am just reading it here.
The ChairmanChairmanMP Pearman, I do not think that the Minister said that that was not the case. What he said was that the matter was an offence. Can I ask that we move on so that we can get to the rest of the ques-tions that you may have for the …
Mr. Scott PearmanYes, Madam Chairman. Hon. Walter H. Roban: Yes, Madam Chairman, I can address some of what MP Pearman has raised, if you do not mind me doing so?
The ChairmanChairmanWell, I think that I have made it clear that you have reiterated that you agree that it was an offence, and in so doing I sought to make it clear that you did not speak contrary to what he was suggesting. But if you feel you need to expand …
Well, I think that I have made it clear that you have reiterated that you agree that it was an offence, and in so doing I sought to make it clear that you did not speak contrary to what he was suggesting. But if you feel you need to expand on this you may, but I do not really see a need to.
Hon. Walter H. Roban: Madam Chairman, I am gui ded by your direction.
The ChairmanChairmanThank you, Minister. Hon. Walter H. Roban: Thank you very much. The Chair man: Thank you. MP Pearman, can you move on, please?
Mr. Scott PearmanYes, Madam Chairman, I have one last question and this is still in respect of clause 29. The Minister said earlier that it was about whether someone, the granny with the tree in the gar-den, knew about it or not. Can you agree that nowhere does it say in clause …
Yes, Madam Chairman, I have one last question and this is still in respect of clause 29. The Minister said earlier that it was about whether someone, the granny with the tree in the gar-den, knew about it or not. Can you agree that nowhere does it say in clause 29 only a person who knowingly commits an offence? “Knowingly” does not appear anywhere in clause 29, does it?
The ChairmanChairmanI think that is self -evident, MP Pearman.
Madam Chairman.
The ChairmanChairmanRight. Thank you. Are those your questions; yes? Are there any other persons who wish to speak to clauses 23 through 32?
The ChairmanChairmanMP Susan Jackson, you have the floor.
Ms. Susan E. JacksonClause 23 speaks to authorised officers. So, as I understand it, the Director can delegate that his responsibilities under sections 16, 17, 18 and 19, be performed by an authorised officer. “Officer” sounds quite general, and I am just curious, does that mean that literally any officer, whether they are …
Clause 23 speaks to authorised officers. So, as I understand it, the Director can delegate that his responsibilities under sections 16, 17, 18 and 19, be performed by an authorised officer. “Officer” sounds quite general, and I am just curious, does that mean that literally any officer, whether they are in Customs, Parks, [or] Health, can be delegated as Director to perform these functions?
The ChairmanChairmanMinister, would you like to answer the question? Hon. Walter H. Roban: Madam Chairman, it is d efined under the Interpretation section.
The ChairmanChairmanThank you. Hon. Walter H. Roban: And it could be a police officer as well, if you are talking about an officer w ho is not actually in our department. It could be an officer of, you know, of the Bermuda Police Service. But we have other officers. We have …
Thank you. Hon. Walter H. Roban: And it could be a police officer as well, if you are talking about an officer w ho is not actually in our department. It could be an officer of, you know, of the Bermuda Police Service. But we have other officers. We have plan protection officers, we have fisheries officers, we have officers in other parts of our department who could be delegated those responsibilities by the Director.
The ChairmanChairmanThank you, Minister. MP Susan [Jackson], is that your only question?
Ms. Susan E. JacksonYes. Nothing further. Bermuda House of Assembly The Chairman: Thank you. Are there any other Members who wish to speak to clauses 23 through 32? There being no other Member . . . Minister. [Pause]
The ChairmanChairmanMinister, I think you are still muted. Hon. Walter H. Roban: Sorry. Madam Chairman, I wish to move clauses 23 through 32.
The ChairmanChairmanThe Minister has moved clauses 23 through 32. Are there any objections? There being no o bjections . . . Minister. [Motion carried: Clauses 23 through 32 passed.] Hon. Walter H. Roban: I wish to —
The ChairmanChairmanAre you moving the Schedules? Hon. Walter H. Roban: Yes . . . I’m sorry. Hold one minute, Madam Chairman. I wish to move the Schedules as printed.
The ChairmanChairmanThe Minister is moving the Schedules as printed. Are there any objections? [Motion carried: Schedules passed.] Hon. Walter H. Roban: I wish to move the preamble,
Madam Chairman.
The ChairmanChairmanThe Minister has moved the preamble. Are there any objections? Approved. Hon. Walter H. Roban: Madam Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanThe Minister has moved that the Bill be reported to the House as printed. Are there any objections? There being no objections . . . Mr. Deputy Speaker. [Motion carried: The Invasive Alien Species Act 2021 was considered by a Committee of the whole House and passed without ame ndment.] …
The Minister has moved that the Bill be reported to the House as printed. Are there any objections? There being no objections . . . Mr. Deputy Speaker. [Motion carried: The Invasive Alien Species Act 2021 was considered by a Committee of the whole House and passed without ame ndment.]
House resumed at 7: 10 pm
[Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the Chair] REPORT OF COMMITTEE
INVASIVE ALIEN SPECIES ACT 2021
The Deputy SpeakerDeputy SpeakerThank you, Madam Chairman. Are there any objections to the Bill entitled the Invas ive Alien Species Act 2021 being approved? There appear to be none. The Bill is approved. The next order of business is the second reading of the Motor Car (Liveries) Amendment Act 2021, and that will …
Thank you, Madam Chairman. Are there any objections to the Bill entitled the Invas ive Alien Species Act 2021 being approved? There appear to be none. The Bill is approved. The next order of business is the second reading of the Motor Car (Liveries) Amendment Act 2021, and that will be led by Minister Lawrence A. Scott. Minister Sco tt, you have the floor.
Hon. W. Lawrence Scott: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, I move that the Bill ent itled the —
The Deputy SpeakerDeputy SpeakerMinister Scott, I cannot hear you. Hon. W. Lawrence Scott: Can you hear me now? The Deputy Speake r: It is . . . no, I cannot hear you at all. [Inaudible interjections] [Pause] Hon. W. Lawrence Scott: How about now?
The Deputy SpeakerDeputy SpeakerYes, that is much better, Mini ster. Continue. Hon. W. Lawrence Scott: I move that the Bill entitled Motor Car (Liveries) Amendment Act 2021 be now read the second time.
The Deputy SpeakerDeputy SpeakerContinue. BILL SECOND READING MOTOR CAR (LIVERIES) AMENDMENT ACT 2021 Hon. W. Lawrence Scott: Mr. Deputy Speaker, the Bill I present today is the Motor Car (Liveries) Amendment Act 2021. Members of this Honourable House may recall that in 2016, by way of the Motor Car Amendment (No. 2) Act …
Continue.
BILL
SECOND READING
MOTOR CAR (LIVERIES) AMENDMENT ACT 2021
Hon. W. Lawrence Scott: Mr. Deputy Speaker, the Bill I present today is the Motor Car (Liveries) Amendment Act 2021. Members of this Honourable House may recall that in 2016, by way of the Motor Car Amendment (No. 2) Act 2016 , the princ ipal Act, the Motor Car Act 1951 , was amended to create a category of vehicles called rental minicars to provide a safer option for visitors who wish to make their own way around the Island. However, missing from the 2028 24 September 2021 Official Hansard Report
Bermuda House of Assembly principal Act were offences and penalties for breac hing the conditions stipulated in legislation. The Bill presented today begins by addressing this void. Mr. Deputy Speaker, Members of the House may also recall the Motor Car Amendment (No. 2) (Tour Quadricycles) Act 2018 which introduced a nother categor y of vehicles described as “tour quadr icycles.” These units were defined as a “four -wheeled vehicle with a bicycle[ -type] seat for the driver or rider . . . steered by handlebars which is propelled by m echanical or electrical power.” Mr. Deputy Speaker, t he 2018 amendment went on to further describe how tour quadricycle liveries must be operated, the application process to acquire a permit to operate a livery, the rules for guided tours, stipulations regarding the wearing of protective headgear during tour s ended with the Minister’s a uthority to regulate the design and build of the m achines. Mr. Deputy Speaker, as written in 2018, section 101E through section 101K of the principal Act focused on one specific vehicle design being imported to the Island. Ho wever, Mr. Deputy Speaker, as time progressed, more entrepreneurs interested in the tourist transportation industry discovered different vehicle designs that could also satisfy this market. One such design was a motorised version of a pulled or pedal cycle d rickshaw seen in many countries around the world, particularly in Asia. Mr. Deputy Speaker, this machine is commonly referred to as a Tuk -Tuk, the name derived from the engine sound the earliest models made. With the advent of better technologies, this a nnoying sound has been eliminated. Mr. Deputy Speaker, section 24(5) of the [1951] Act defines a motorcycle as “motor car de-signed to travel on two or three wheels, which is equipped with two or more gear ratios or the motor of which has a cubic capacity exceeding 50 cubic cent imetres, but, subject to subsection (1), not exceeding 150 cubic centimetres.” It was originally thought that a 150 cc Tuk- Tuk could be placed in the motorcycle category, Mr. Deputy Speaker. However, one Tuk -Tuk feature prevented this being accomplished, and that is a reverse gear. Mr. Deputy Speaker, regulation 12 of the Motor Car (Constr uction, Equipment and Use) Regul ations 1952 states, “Every motor car, except a motor cycle, shall be capable of being so worked that it may travel either forwards or backwards.” Motorised Tuk - Tuks have a reverse gear to assist the rider because of their w eight and size; therefore, there was actually no category in which to place the new machine in current legislation. Mr. Deputy Speaker, rather than again create bespoke legislation to accommodate a specific vehicle design, the decision was taken to change all references to “tour quadricycles” in section 101 of the pri ncipal Act and instead use the phrase “guided tour v ehicle.” Also, the definition of a “guided tour vehicle ” in this Bill is expanded to include both 3- and 4- wheeled vehicles. Therefore, sect ion 101 of the Act would now allow for the operation of Tuk -Tuks alongside vehicles such ATVs and quadricycles in the future. Mr. Deputy Speaker, an additional benefit of this approach is the elimination of restrictions created by the 2018 amendments to section 101. The Motor Car (Liveries) Amendment Act 2021 allows for the introduction of various designs of guided tour vehicles. Mr. Deputy Speaker, to be clear, this Bill proposes that all legislation that previously pertained to tour quadricycles be now attached to a new vehicle cat egory known as “guided tour vehicles.” Included is the permit fee, the duration of the permit, the Minister’s authority to issue and revoke permits, the registering and licensing of vehicles and prescribing the specif ication for the registration plates, their dimensions and placement on the vehicle, et cetera. Mr. Deputy Speaker, included with these amendments are necessary adjustments to the Government Fees Regulations 1976 to capture the r equired licence and permit fee and the Public Holidays Act 1947 to provide the exemption from the said Act to be able to operate guided tour liveries on Good Fr iday, Easter Sunday, and Christmas Day. Mr. Deputy Speaker, there will also be policy to contractually stipulate regarding the use of Tuk - Tuks, which includes, but is not limited to, that vehi-cles cannot be operated by customers, the vehicles are to be hired with a certified tour guide who must possess a valid motorcycle licence and will pilot the vehicles to points of interest throughout the Island. The maximum number of passengers will be limited to two, and the wearing of protective headgear will be mandatory for all pers ons riding in or on a Tuk -Tuk. Mr. Deputy Speaker, these amendments fall in line with all other initiatives designed to provide business opportunities in the tourism sector for local residents. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank yo u, Minister Scott. Are there any further speakers?
The Deputy SpeakerDeputy SpeakerYes, Honourable Member Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Deputy Speaker. I am extremely grateful to the Minister and his Permanent Secretary, who reached out to me several weeks ago to discuss this Bill. Back in 2018 there was a debate in the House about whether or not quad bikes should be allowed in our parks. …
Thank you, Mr. Deputy Speaker. I am extremely grateful to the Minister and his Permanent Secretary, who reached out to me several weeks ago to discuss this Bill. Back in 2018 there was a debate in the House about whether or not quad bikes should be allowed in our parks. I am not going to reflect on that debate; the Opposition at the time had some hesitance, but that debate has come and gone. This Bill is much narrower. It is simply to allow
Bermuda House of Assembly alongside the quad bikes the three- wheelers, TukTuks as they are called in the vernacular. Mr. Deputy Speaker, I just have five quick questions for the Minister, and I have no questions in Committee. Minister, the five questions I would be grateful if you would address, relatively grateful given the hour and the amount on the docket, one is that I understand that t hese three- wheeled vehicles are already licensed for use on our roads. And I would be grateful if you could confirm whether or not my understanding is correct. I believe there are some out there with l icence plates. That is the first question. The second question is, if they are already licensed, presumably the three- wheelers will not have the same level of restriction as the quad bikes, because I know the quad bikes, by the previous Act, were only allowed to be on guided tours. So presumably, the three- wheelers will be allowed on guided tours, but will also still be allowed on the roads if they are. And I would be grateful if you could just clarify that. The third of five questions is if you could touch briefly on how the current quad bike business is goi ng and whether this is an expansion by the existing bus iness provider or whether this is an alternative prov ision of service alongside. The fourth of five questions is the view of the Parks Commission on this change. It used to be the Honourable Member for constituency 32 who chaired the Parks Commission; I recall he spoke to the debate in 2018. I now believe from what was said earlier that it is the Honourable Member from constituency 28 who chairs that commission. So if we could just know if the Parks Co mmission has a view one way or the other. And fifth and finally, I just ask if the Minister can comment on any safety issues or considerations. It occurs to me in a matter of common sense, and I am no expert, that if one is going over uneven terrain in th e parks, that a four -wheel vehicle might be thought to be safer than a three- wheel vehicle. But I would be grateful for any expansion or consideration the Minister could offer. Those are my questions. And, Minister, I have no questions in Committee, although others may. Thank you, Mr. Deputy Speaker. Thank you, Minister.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member Pearman. Are there any further speakers?
The Deputy SpeakerDeputy SpeakerHonourable Member Tyrrell, you have the floor.
Mr. Neville S. TyrrellThank you very much, Mr. Deputy Speaker. Mr. Deputy Speaker, first of all let me say thank you for the opportunity to speak on this Motor Car (Liveries) Amendment Act 2021. Let me first of all say up front that I support the Minister in what he is doing here. …
Thank you very much, Mr. Deputy Speaker. Mr. Deputy Speaker, first of all let me say thank you for the opportunity to speak on this Motor Car (Liveries) Amendment Act 2021. Let me first of all say up front that I support the Minister in what he is doing here. I support the Minister on this amend ment Act for several reasons. One, the vehicle in consideration that we are talking about is a safe addition to our tourism product. And of course, that is what we want. We want our tourists to be driving around in a safe environment. Of course, the amendment clarifies what vehicles for tourism should be called. They are called guided tour vehicles . And it confirms the type of vehicle basically that can be used for that pu rpose. Another reason I support the Bill is that it certainly encourages entrepreneurship. It is designed to provide business opportunities for people, which also obviously provides additional employment opportun ities for persons as well. So again that is where my support is. Another [reason] is that it offers a different choice for tourists to use whilst they are here on the Island. And again, as I said, it is a safe environment. But it is another choice that they will have. Let me also say that this id ea of this new type of vehicle is an asset and a boost to the economy. The more opportunities that tourists have to use, the more money that can come into the economy. So let me wrap by saying that I support the Amendment Bill and I thank the Minister and his tec hnical officers for the work that they have done on this. Thank you very much, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member Tyrrell. Are there any further speakers? There appear to be none , Minister. Hon. W. Lawrence S cott: Yes. Thank you, Mr. Deputy Speaker. Just to address some of those questions. This is to the question about the National Parks, the tour routes will be agreed …
Thank you, Honourable Member Tyrrell. Are there any further speakers? There appear to be none , Minister.
Hon. W. Lawrence S cott: Yes. Thank you, Mr. Deputy Speaker. Just to address some of those questions. This is to the question about the National Parks, the tour routes will be agreed in advance. The tour operators will need permission from the Department of Parks to drive t hrough any public park. Consideration will also be given to ensure that the number of tour groups is spaced out so that they do not end up creating a caravan of sorts on our roads. Also, yes, the Shadow Minister may have seen one of the Tuk-Tuks on our ro ads, but that was done through a one- day permit mainly for a prom otional shoot for the Bermuda Tourism Authority, in conjunction with the Bermuda Tourism Authority. And the three- wheel bikes are permitted on the roads, but everything is specific to the tour vehicle or the guided tour vehicle itself. And with that, Mr. Deputy Speaker, I would like to move that —
2030 24 September 2021 Official Hansard Report
Bermuda House of Assembly [No audio]
The Deputy SpeakerDeputy SpeakerI lost you. I have lost you. We do not hear you. Hon. W. Lawrence Scott: Can you hear me now?
The Deputy SpeakerDeputy SpeakerYes. Go ahead. Hon. W. Lawrence Scott: Yes. I would like to move that the Bill now be committed.
Ms. Lovitta F. FoggoYes, Mr. Deputy Speaker. House in Committee at 7: 25 pm [Ms. Lovitta F. Foggo, Chairman] COMMITTEE ON BILL MOTOR CAR (LIVERIES) AMENDMENT ACT 2021
The ChairmanChairmanMinister and Honourable Members, we are now in Committee of the whole House for further consideration of the Bill entitled the Motor Car (Liveries) Amendment Act 2021 . I call on you, Minister in charge, to proceed. You have the floor. Hon. W. Lawrence Scott: Thank you, Madam Chai rman. …
The ChairmanChairmanContinue, Minister. Hon. W. Lawrence Scott: Thank you. The purpose of the Bill is to amend the Motor Car Act 1951, the principal Act, to create an offence for operating a minicar livery without a licence, to amend Part VIB of the principal Act to expand types of vehicles to …
Continue, Minister.
Hon. W. Lawrence Scott: Thank you. The purpose of the Bill is to amend the Motor Car Act 1951, the principal Act, to create an offence for operating a minicar livery without a licence, to amend Part VIB of the principal Act to expand types of vehicles to be used on a guided tour and for related matters. Clause 1 is the short title of the Bill to be i ntroduced as the Motor Car (Liveries) Amendment Act 2021. Clause 2 of the Bill amends section 101A of the principal Act to provide the offence of operating a minicar livery without a licence. Clauses 3, 4, 5, 6, 7, 8, 9 and 10 provide amendments to Part VIB of the principal Act, meaning sections 101E to 101K, to expand the types of veh icles to be used on a guided tour by changing all references to “tour quadricycles” which is described as a four-wheeled vehicle, to that of a “guided tour vehicle” which will be described as a three- or four -wheeled vehicle. Clauses 11 and 12 amend Schedules 1 and 2 of the principal Act by changing the references of a “tour quadricycle” to that of a “guided tour vehicle.” Clause 13 provides consequential amendments to the Government Fees Regulations 1976, the Public Holidays Act 1947 and the Motor -Cycles and Auxiliary Bicycles (Special Meas ures of Control) Act 1953 to change references of a “tour quadricycle” to that of a “guided tour vehicle.”
The ChairmanChairmanThank you, Minister. Are there any other Members who wish to speak to clauses 1 through 13?
The SpeakerThe SpeakerMP Pearman, you have the floor.
Mr. Scott PearmanThank you. Minister, in respect of clause 4 and the new guided tour vehicles, there were five questions posed in the debate. You very kindly answered four of them. But perhaps you could deal with this one as the gui ded tour vehicle question. It is just a safety issue …
Thank you. Minister, in respect of clause 4 and the new guided tour vehicles, there were five questions posed in the debate. You very kindly answered four of them. But perhaps you could deal with this one as the gui ded tour vehicle question. It is just a safety issue on the three- wheelers. Does the Minister have any view on that? Thank you, Madam Chairman.
The ChairmanChairmanMinister, go ahead. Hon. W. Lawrence Scott: Thank you. We believe that they are safe. The only add itional safety precaution that we believe is needed is that all occupants should be wearing a helmet. Once again, it protects them from any injury if they were to get into an …
The ChairmanChairmanThank you, Minister. Are there any other questions?
Mr. Scott PearmanNot from me, Madam Chairman. Thank you, Minister. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any other Members who wish to speak to clauses 1 through 13? There being no ot her Members, Minister, you have the floor. Hon. W. Lawrence Scott: Thank you, Madam Chai rman. Madam Chairman, I move the preamble.
The ChairmanChairmanOkay. Go ahead. Continue. Hon. W. Lawrence Scott: Thank you. I move the preamble be approved. Bermuda House of Assembly The Chairman : Would you like to move the Schedules? Are there Schedules? [Crosstalk] Hon. W. Lawrence Scott: No. There are no Sche dules in this Bill.
The ChairmanChairmanWell, it amends Schedules. Okay. Continue, Minister Scott. Hon. W. Lawrence Scott: All right. I mo ve that clauses 1 through 13 be approved.
The ChairmanChairmanWe are going to get to there before you say that the Bill be reported to the House. Yes, Minister. Are there any objections? There being no objections, now, Minister, you may move that the Bill be reported. [Motion carried: Clauses 1 through 13 approved.] Hon. W. Lawrence Scott: I …
We are going to get to there before you say that the Bill be reported to the House. Yes, Minister. Are there any objections? There being no objections, now, Minister, you may move that the Bill be reported.
[Motion carried: Clauses 1 through 13 approved.] Hon. W. Lawrence Scott: I move that the Bill be r eported to the House as printed.
The ChairmanChairmanThe Minister has moved that the Bill be reported to the House as printed. Are there any objections to that? There being none, thank you, Minister. [Motion carried: the Motor Cars (Liveries) Amendment Act 2021 was considered by a Committee of the whole House and passed without amendment.] Hon. W. …
The Minister has moved that the Bill be reported to the House as printed. Are there any objections to that? There being none, thank you, Minister. [Motion carried: the Motor Cars (Liveries) Amendment Act 2021 was considered by a Committee of the whole House and passed without amendment.]
Hon. W. Lawrence Scott: Thank you, Madam Chai rman.
The ChairmanChairmanI apologise, Mr. Speaker! You have the floor.
The SpeakerThe SpeakerIt is quite all right, Madam Chairman. I am back. House resumed at 7: 30 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE MOTOR CAR (LIVERIES) AMENDMENT ACT 2021
The SpeakerThe SpeakerMP Foggo, I am back in the Chair; thank you. Members, is there any objection to the Motor Car (Liveries) Amendment Act 2021 being reported to the House as printed? There are none. The matter has been repor ted as printed. That brings us to a close of that item. …
MP Foggo, I am back in the Chair; thank you. Members, is there any objection to the Motor Car (Liveries) Amendment Act 2021 being reported to the House as printed? There are none. The matter has been repor ted as printed. That brings us to a close of that item. We now move on to the next item on the O rder Paper, which is item number 8, the second rea ding of the Bermuda Immigration and Protection Amendment Act 2021 in the name of the Minister of Labour. Minister Hayward, would you like to present your matter?
Hon. Jason Hayward: Mr. Speaker, I move that the Bill entitled the Bermuda Immigration and Protection Amendment Act 2021 be now read a second time.
The SpeakerThe SpeakerAre there any objections to that? There are none. Minister Hayward, proceed. BILL SECOND READING BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2021 Hon. Jason Hayward: Mr. Speaker, I bring to this Honourable House today the Bill entitled the Bermuda Immig ration and Protection Amendment Act 2021. The purpose of this …
Are there any objections to that? There are none. Minister Hayward, proceed.
BILL
SECOND READING
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2021 Hon. Jason Hayward: Mr. Speaker, I bring to this Honourable House today the Bill entitled the Bermuda Immig ration and Protection Amendment Act 2021. The purpose of this Bill is to amend the Bermuda I mmigration and Protection Act 1956 (the principal Act) to address the matter of long- term residents who have lived in Bermuda and contributed to the community for decades, but have no legal means to secure their i mmigration standing. This includes persons born in Bermuda, as well as persons born in other countries. Mr. Speaker, the debate on this legislation is of particular significance because it represents the fulfilment of a number of promises made by this Government. This Bill fulfils the pledge made in the N ovember 2020 Speech from the Throne. These amendments fulfil the pledge to address the issue of permanent residency as articulated in the PLP’s party platform of 2020. These changes are in alignment with the immigration reform strategic priority to achieve a simplified, fair and modern immigration legislative framework. These amendments are another step in the fulfilment of this Government’s election promise to provide comprehensive bipartisan immigration reform. These amendments also advance a key policy initiative in Bermuda’s Economic Recovery Plan, which is to expand its residential population. Retention policies are critical to achieving that goal. These amendments support Bermuda’s future economic growth and development by allowing those who are regularised to fully participate economically. 2032 24 September 2021 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, this Bill makes provision for the following persons to be eligible for a permanent res ident’s certif icate: those who have lived in Bermuda for more than 20 years; non -Bermudians who are divorced or they are parents of Bermudian children who possess Bermudian status and who have lived in Bermuda for more than 15 years; and children of second-generation permanent resident’s certificate hol ders. This Bill also makes provision for a new fee of $10,000 for long- term residents. This fee is significantly lower than the permanent resident’s certificate a pplication fee of $50,000, which still applies in section 31A in cases of job- making. I will discuss this further in Committee where I will propose an amendment. Mr. Speaker, this Bill addresses three issues: (1) many non- Bermudian long- term residents have no means to secure permanent residency in Bermuda; (2) non- Bermudian parents of children who possess Bermudian status must leave the Island after the child’s 18 th birthday; and (3) persons who obtained a permanent resident’s certificate under section 31A are unable to pass the permanent resident’s certificate onto their children, second generation, by means of section 31B. However, the children of second gener ation permanent resident’s certificate holders do not have residency rights in Bermuda despite in some cases being born in Bermuda. It should be noted that some of these potential or future third- generation permanent resident’s certif icate holders are not eligible for residency in any other country. Mr. Speaker, on August 11, 2021, the Go vernment released a position paper on long- term res idents to formally s hare the Government’s position that I described today. Between August 30 and September 6, 2021, quantitative research was conducted with a randomly selected representative sample of Berm uda’s residents aged 18 and older. The purpose of the research was to obtain residents’ perspectives on long-term residents and the issuance of a permanent resident’s certificate. The sample served was meaningful and yielded complete results. The key findings included the following: 83 per cent of residents said a perm anent resident’s certificate should be granted at the time to those born in Bermuda to holders of perm anent resident’s certificates; and 73 per cent of r espondents said permanent resident’s certificates should be granted to persons who have legally lived in Bermuda for more than 20 years. Some may believe these proposals go too far; however, as I articulated in my opening statement, this Government believes a balanced approach to allowing certain long- term residents to apply for perm anent resident’s certificates is the right thing to do. It should be noted that this Bill creates a clear, transparent and streamlined means for long- term residents to secure a level of permanency giving them the right to fully participate in Bermuda’s economy, reduce the financial b ias by giving equal opportunity and security of tenure to long- term residents and preserve the rights granted by the amendments to section 31B of the Bermuda Immigration and Protection Act 1956 for those who are eligible to apply for permanent res ident’s c ertificates until 2022 only, made by the 2020 amendment Act. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Honourable Member wish to make a contribution at this time?
Mr. Jarion RichardsonThank you, Mr. Speaker. My first point, though, Mr. Speaker, is that I have not seen any amendments or proposed amendments to the Bill. We know that it is not on the tablets or Internet either. When would that be circulated?
The SpeakerThe SpeakerI will confirm as you are talking. But I believe it should be up on the SharePoint by now. We will have the technician just check, and I will confirm that. Okay? But it should be there on SharePoint.
Mr. Jarion R ichardsonOkay. Thank you. Thank you, Mr. Speaker. My comments will be brief, as we have all received the terrifying, or rather horrifying news of more COVID -19 deaths. So we are going to make this brief so that we can get back to our families. Mr. Speak er, this Bill …
Okay. Thank you. Thank you, Mr. Speaker. My comments will be brief, as we have all received the terrifying, or rather horrifying news of more COVID -19 deaths. So we are going to make this brief so that we can get back to our families. Mr. Speak er, this Bill is in the right direction. Right? This is my opinion, Mr. Speaker. We are hea ding in the right direction here. Immigration is a volatile issue and requires a nuanced approach. And I am thankful that the Honourable Minister has accepted that, at least in his [Ministerial] Statement of 10 Se ptember, most especially that we have to deal with this [while] removing as much emotion as possible. The Minister spoke a little bit there, that some people may believe it goes too far. To my mind, it does n ot go far enough. But we are going to get there, Mr. Speaker, because we are heading in the right direction. Mr. Speaker, our economy is simply not in a state that we can afford second- class citizens. The insecurities provided [to] a person who can econom ically participate, but is unable to politically participate, seems to me to have a fundamental sense of injustice and be unfair. I believe the Americans started a rev olution about taxation without representation. So that is an adverse consequence of our c urrent system that we have people whose presence is economically va luable, but they have no voice. So with that being said, Mr. Speaker, like I said, I am thankful that we are finally moving down this road. And I am thankful that we are taking a n uanced approach and we are not going to see any
Bermuda House of Assembly more volatile ways of addressing a very complex and difficult problem. We want to make sure that our cit izens are not displaced. That is a very hard thing to do on a good day. It is even harder to do when it is 21 square miles and the economy as it stands is requi ring such a diversification of skills, especially since a lot of those skills need to be imported. So, a difficult question, and a difficult thing to do. We are gently moving the line to the place where I think we should go, and I am thankful for that. This does leave some multi -generational insecurities because it sets up one generation and another, and then at some point it sort of runs out, the PRC status. And one of the things that we do want to make sur e, and I believe the Minister’s Statement spoke to it, is that we stop these humanitarian stories, these horrifying humanitarian stories where people are coming to Bermuda, are contributing to Bermuda and then they are all of a sudden not Bermudian— they ha ve to go. And the Minister’s Statement on the September 10, about someone who had been here for 34 years and served in the police service, was an i ndictment of our programme, Mr. Speaker. Any person who served in uniform in our country and has put their life on the line for the betterment of our citizens certainly should not be told at the end of their service, Thank you, but no thank you and you can go. So with that said, Mr. Speaker, again cautious optimism. Thank you for moving the line closer. And my q uestions to the Minister are the following: What is the forecasted impact? For example, how many appl ications do we anticipate seeing from this change? Yes. That is it. Thank you, Mr. Speaker. Thank you, Honourable Minister.
The SpeakerThe SpeakerThank you, Member. And just to confirm that, yes, the amendment is on SharePoint.
Ms. Crystal CaesarThank you, Mr. Speaker. Mr. Speaker, as the previous two speakers have indicated, immigration is a volatile and quite emotive issue. And as well it should be. When we talk about immigration, we often are speaking about one’s livelihood, one’s family, one’s ability to make a living and one’s ability …
Thank you, Mr. Speaker. Mr. Speaker, as the previous two speakers have indicated, immigration is a volatile and quite emotive issue. And as well it should be. When we talk about immigration, we often are speaking about one’s livelihood, one’s family, one’s ability to make a living and one’s ability to remain with their families. I believe this particular piece of legislation has struck an interesting and very balanced note, as it pertains those issues in particular. Some years ago, Mr. Speaker, I served on a board, a commission (I should say) in which we were tasked with looking at these very issues, which are quite critical. And in particular, at the time it was quite a volatile situation. We were tasked with trying to give guidance as to the way forward. And there were quite a few different types of issues that we had to consider. And one of those, Mr. Speaker, that we often seem to either brush over or think that it is not something that we should be considering at this particular time is the historical biases and historical stories that pertain to immigration in Bermuda. If I could, Mr. Speaker, I would like to just read from some of the work that I previously had submitted to that commission, and that would be the Consult ative Immigration Reform Working Group of 2017. It states, Mr. Speaker, “Bermuda’s history of immigration is complex, has had a long history of rac-ism, prejudice and discrimination. Historically, there is no question that Bermuda’s immigration laws and po licies were used to violate Black Bermudian human rights. It involved repeated efforts to reduce the Black population through multiple banishment of hundreds of free Blacks over the first maybe 218 years of Ber-muda’s history. It was codified in law and culture and emphasised white immigration from Commonwealth countries. And 20 th century racialised immigration practices, which included birth control, selective num-bers of people given status. And, unfortunately, we know that predominantly most of those status grants were given to people of the Caucasian race.” [U NVERIFIED QUOTE] Now, I do not bring all of this up to stir em otions, to speak of racial issues, but to just remind us that part of the reason why it is such an emotive issue in Bermuda is because of our history. And I think we have to give honour to acknowledge as well, and give consideration to, policies that we make going forward. During those deliberations the working group and I cam e across a quote from a study that was done some time ago. It was a discussion paper on long-term residency. So, obviously this issue has been going on for a number, a number of years. And the Mi nister already gave us the definition of what a long- term resident is. In Bermuda, for Bermuda’s purposes, those are the belongers. Those are naturalised per-sons. Those are PRC holders. Those are residential certificate holders. They are work permit holders. They are an extension of spousal employment rights certificate holders. They are those who are registered British Overseas Territory citizens. So we have a huge category of people who fall into this bucket. So this affects a large population of Bermudians. And who are these people? Well, for example, it could be the dance teacher who came to Bermuda with her husband and taught dance classes, and has 2034 24 September 2021 Official Hansard Report
Bermuda House of Assembly contributed to Bermuda for the last 30 –40 years. That would be a person who is considered a long- term re sident. It could be a student whose parents are PRC holders, but for some reason it did not pass on to that particular person. It could be the nurse who is working tirelessly in our hospital right now to help save lives in Bermuda. It could be a waiter, a restaurant owner, an architect, an economist, an accountant. T hese are all people who contribute to our economy, who contribute to what Bermuda has become today. But again we cannot forget some of the hist ory that some of our own people have had to face. And that is not to say that these are not good people. These are people who mean us well and who want to see Bermuda do well. And I believe that the vast m ajority of these people are absolutely that. But again, we have to have a balanced discussion about [the fact] that there have been some bad actors in our time. Pe ople who came to Bermuda loved it here, and so there were policies put in place where they made it possible for a friend or colleagues to come. And they came on a work permit and stayed. And their work permits rolled over and over and over and over. Now, did it mean that they were unqualified? Absolutely not. And I assume, because I know that our civil servants work very hard to ensure that we have the right people working in the right seats in Bermuda. But there may have been an instance where there was a young person who was training in a particular area. But because someone had a work permit that was continuously rolled [over] for years and years, that person may have decided, You know what? There’s nothing for me here. I’m going to em igrate somewhere el se. Or, There’s no place for me in that particular industry because only certain people get those jobs. And then they move on to another i ndustry. This changed the trajectory of their lives and their families’ lives. And these are the realities that we of tentimes gloss over when we have these conversations. There are people at the end of both sides of the scenarios that I have given— those who came and worked and loved Bermuda and continue to contribute to Bermuda and want Bermuda to do well, and those who may not have had the best experience because they were passed over in favour of a work permit holder. And these are just very minute, or small, examples. But again this is a balanced approach, this piece of legislation. It is, and I agree, moving us in the right direction, particularly for those people who have been here, who want to continue to contribute and see Bermuda do well. I believe that with time the Bermudian popul ation will understand that we definitely need to have more people here. We often hear, Oh, we don’t need people here, et cetera, et cetera. But anybody who knows that if you have more people . . . say you are going on a trip, for instance. If you have more people going on the trip, it is going to cost you less. So if we have more people in our population, we are going to see more money flowing. We are going to see maybe rents coming down. You know, we are going to see more cash and more flow in our economy. So it has several facets. Immigration touches all parts of Bermuda. Because we are the size that we are, we cannot deny the fact that we do have to import labour. We do have to have people come in with a level of expertise that maybe our small population does not have. But I believe that we can be balanced by ensuring that those peopl e come to Bermuda and contribute, and by ensuring that our people get the opportunities that are required. And in so doing, like I said, the people whom this will affect will ultimately be the ones who will assist in continuing to make Berm uda the place that we all know it is and that we love. And so I applaud the Minister and his team for a very balanced approach to immigration and to longterm residency. I know that when a lot of us canvassed, we probably did come across quite a few young people who had been born here. In all but name, they are Bermudian. They went to school with our children. They continue to be here. They continue to live and work. We know a single mom, who for whatever reason was not able or did not marry, et cetera, and has a child and wants to be here with that child. But once they turn 18, that mother has to leave, or that father for that instance (we cannot be sexist) —that mother or father has to leave. But they have a connection to Bermuda, and they want to be here. They want to s ee Bermuda succeed. And I think we owe it to these people to give them an opportunity to give them the ability to be here with some security and some permanency. We do not want anyone to be stateless. We do not want anyone to feel that we have taken advant age of their service. So again, I definitely applaud the Minister and his team for ensuring that this is a balanced piece of legislation. It is taking us in the right direction, and it is giving people a level of security that they previously did not have. And I just want to continue to encourage the Minister and his team to do the work that is r equired to ensure that all people, all residents, all who contribute to Bermuda will continue to be able to do so with security. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Caesar. And before we move on, I would like to acknowledge that that was your maiden speech. And we thank you for making your contribution.
The SpeakerThe SpeakerGood. Would any other Member wish to make a contribution at this time? Any other Member? Bermuda House of Assembly There appears to be none. Minister. Hon. Jason Hayward: Mr. Speaker.
The SpeakerThe SpeakerYes, Minister. Hon. Jason Hayward: Mr. Speaker, I thank the two previous MPs for their support on this Bill. I thank the Oppositi on for their support on this Bill. The Gover nment aims to strike a balance, and I believe we achieved this with the provisions that we will …
Yes, Minister.
Hon. Jason Hayward: Mr. Speaker, I thank the two previous MPs for their support on this Bill. I thank the Oppositi on for their support on this Bill. The Gover nment aims to strike a balance, and I believe we achieved this with the provisions that we will now be proceeding with. The Member did ask a question regarding the possible impact of this legislation on those individuals. I would say that these are extremely controlled cat egories. And so we do not have a large abundance of non-Bermudians who have spent over 20 years in Bermuda without some sort of residency security. It would be persons who are actively on work permits for the most part. And the other categories in terms of parents of Bermudian children, that is also a very controlled category, and we can appreciate that we have lost many parents of Bermudian children because a lot of them have had to leave the Is land after the child turns 18. So it would just be those persons who are now b etween that 15- year benchmark and their child turning 18. So that is also a three- year gap where that popu lation in terms of those who will be eligible would apply. When we add up all of the numbers, there is one category we cannot predict, and that would be unwed parents. We certainly do not know what will be the level of divorce moving forward over the next two years. But those who are still here, they are on some sort of spous al letters. And so we did have strong numbers as to what that population looks like. So when we looked at it across the board, our high-end estimate is no more than 850 individuals. And that would be for those in that category. And then you will see that the numbers drastically cut off per year because persons can apply for 20. Some per-sons may be in the 19 th year, and some people may be in their 18th year of residency. And they will apply thereafter. But I would be cautious as to when we start to talk to those numbers that that does not indicate d emand. And then the lesson we learned when we were discussing the mixed- status families amendments that we made in the House was that there were around 2,000 individuals who may possibly apply who were thrown out there as estimates. But since we put that piece of legislation in place, we have had less than 150 applications. So I will caution the general public and the House that the estimates do not always ind icate demand, because everybody who qualifies does not necessarily want to remain in Bermuda. So, with that said, Mr. Speaker, I now move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. House in Committee at 7:50 pm [Hon. Derrick V. Burgess, Sr., Deputy Speaker, Chairman] COMMITTEE ON BILL BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole for further consideration of the Bill entitled the Bermuda Immigration and Protection Amendment Act 2021 . Minister Hayward, you have the floor. Hon. Jason Hayward: Mr. Chairman, this Bill amends the Bermuda Immigration and Protection Act 1956 (the principal Act) …
Honourable Members, we are now in Committee of the whole for further consideration of the Bill entitled the Bermuda Immigration and Protection Amendment Act 2021 . Minister Hayward, you have the floor.
Hon. Jason Hayward: Mr. Chairman, this Bill amends the Bermuda Immigration and Protection Act 1956 (the principal Act) to enable certain long- term res idents to apply for permanent resident’s certificates and to make connected provisions. Mr. Chairman, I now move clauses 1 and 2.
The ChairmanChairmanContinue, Minister. Hon. Jason Hayward: Mr. Chairman, clause 1 is self - explanatory. Clause 2 i nserts new sections 31ZA and 31ZB into the principal Act. Section 31ZA enables a person who has been ordinarily resident in Bermuda for a period of at least 20 years, including the two [years] …
Continue, Minister.
Hon. Jason Hayward: Mr. Chairman, clause 1 is self - explanatory. Clause 2 i nserts new sections 31ZA and 31ZB into the principal Act. Section 31ZA enables a person who has been ordinarily resident in Bermuda for a period of at least 20 years, including the two [years] immediately preceding his application, to apply for a permanent resident’s certificate. Section 31ZB enables a person who has been ordinarily resident in Bermuda for a period of at least 15 years, including the two [years] immediately preceding his application, to apply for a permanent resident’s certificate if he is the non- Bermudian parent of a son or daughter who possesses Bermudian status.
The ChairmanChairmanAny further speakers on clauses 1 and 2? There appear to be none. Minister, do you want to move clauses 1 and 2? Hon. Jason Hayward: Mr. Chairman, I move clauses 1 and 2.
The ChairmanChairmanTo be approved. It has been moved that clauses 1 and 2 be approved. Are there any objections to that? There appear to be none. 2036 24 September 2021 Official Hansard Report Bermuda House of Assembly Clauses 1 and 2 are approved. [Motion carried: Clauses 1 and 2 approved.]
The ChairmanChairmanContinue, Minister. Hon. Jason Hayward: Mr. Chairman, I would now like to move an amendment to clause 3.
The ChairmanChairmanYes. Continue. AMENDMENT TO CLAUSE 3 Hon. Jason Hayward: Mr. Chairman, in clause 3 in the [proposed] new section 31AB(1) of the principal Act, and at the end of [proposed new] paragraph (b), insert “or 31ZB.”
The ChairmanChairmanWould anyone want to speak to the amendment?
Mr. Jarion RichardsonI apologise, Mr. Chairman. Could the Honourable Minister just explain that amendment again? I just have i t up now. Thank you. Hon. Jason Hayward: In clause 3, in the [proposed] new section 31AB(1) of the principal Act, at the end of [new] paragraph (b), insert “or 31ZB.”
The ChairmanChairmanWould anyone want to speak to that amendment? There appear to be none. Minister, do you want to move that the amendment be approved? Hon. Jason Hayward: Mr. Chairman, I now move that the amendment be approved.
The ChairmanChairmanIt has been moved that the amendment to clause 3 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Amendment to clause 3 passed.] Hon. Jason Hayward: So, Mr. Chairman, can I move clause 3 as amended?
The ChairmanChairmanYes. [Motion carried: Clause 3 passed as amended.] Hon. Jason Hayward: Mr. Chairman, I now move clause 4. Clause 4 amends section 31B of the principal Act. Subsection (1)(c) is repealed so that there is no longer an expiry date of 1 September 2022 for certa in persons to make …
Yes.
[Motion carried: Clause 3 passed as amended.]
Hon. Jason Hayward: Mr. Chairman, I now move clause 4. Clause 4 amends section 31B of the principal Act. Subsection (1)(c) is repealed so that there is no longer an expiry date of 1 September 2022 for certa in persons to make an application for a permanent res ident’s certificate under section 31B. Subsection (2) is broadened so that the son, daughter or spouse of a person granted a permanent resident’s certificate u nder any of sections 31A, 31ZA, 31ZB or 31B can a pply for a permanent resident’s certificate under section 31B, but subsection (2A) is a restriction which has the effect that the grandchild of the person who has been granted a permanent resident’s certificate under section 31B is not eligible to apply.
The ChairmanChairmanAny comments? Does anyone want to speak to clause 4? There appear to be no one to speak. Minister, do you want to move clause 4? Hon. Jason Hayward: Mr. Chairman, I would like to move clause 4.
The ChairmanChairmanIt has been moved that cl ause 4 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clause 4 passed.]
The ChairmanChairmanContinue, Minister. CLAUSE 5 DELETED Hon. Jason Hayward: Mr. Chairman, I would now like to delete clause 5.
The ChairmanChairmanContinue. Hon. Jason Hayward: Mr. Chairman, I would like to move clause 6.
The ChairmanChairmanYes. Hon. Jason Hayward: Clause 6 makes consequential amendments. Clause 6(1) and 6(2) amend sections 2(1) (interpretation) and 13D(1) (determination of appeals) in the principal Act to include references to the new sections 31ZA and 31ZB inserted by clause 2. Clause 6(3) broadens the reference in section 5 of the …
Yes. Hon. Jason Hayward: Clause 6 makes consequential amendments. Clause 6(1) and 6(2) amend sections 2(1) (interpretation) and 13D(1) (determination of appeals) in the principal Act to include references to the new sections 31ZA and 31ZB inserted by clause 2. Clause 6(3) broadens the reference in section 5 of the Legal Executives (Registration) Act 2011 to include all types of permanent residents as per sons who can apply to be registered under that Act. Clause 6(4) corrects a reference in the Fisheries Regulations 2010.
The ChairmanChairmanContinue, Minister. B ermuda House of Assembly Hon. Jason Hayward: I would like to move clause 6 for approval.
The ChairmanChairmanI am sorry. Yes. My apologies. Go ahead, Honourable Member Richardson.
Mr. Jarion RichardsonThank you very much. And it is only a clarification. Would you be so kind as to inform me, with clause 5 deleted, will clause 6 in the final version get renumbered to clause 5, and clause 7 to 6? Is that right, Mr. Chairman?
The ChairmanChairmanMinister, that is what would be normally. Did you get that, Minister? Hon. Jason Hayward: Yes. The instruc tion from Chambers is that once the Senate receives their draft, those numbers will be changed subsequent to this debate.
The ChairmanChairmanIt has been moved that clause 6 be approved. Are there any objections to that? There appear to be none. Clause 6 is approved. [ Motion carried: Clause 6 passed.]
The ChairmanChairmanContinue, Minister. Hon. Jason Hayward: Mr. Chairman, I would like to move clause 7.
The ChairmanChairmanContinue. Hon. Jason Ha yward: Clause 7 provides for co mmencement and transitional provisions. Clause 7(2) confirms that the amendments made to the principal Act do not affect an application for a permanent res ident’s certificate made prior to this Bill, once enacted, comes into operation. Clause 7(3) preserves the …
Continue. Hon. Jason Ha yward: Clause 7 provides for co mmencement and transitional provisions. Clause 7(2) confirms that the amendments made to the principal Act do not affect an application for a permanent res ident’s certificate made prior to this Bill, once enacted, comes into operation. Clause 7(3) preserves the right of a son or daughter of an excepted person, who would otherwise be disqualified by new section 31B(2), to apply for a permanent resident’s certificate in accordance with the amendments made by the Bermuda Immigration and Protection Amendment Act 2020, provided the application is made before 1 Sep-tember 2022 (two years after the commencement of the 2020 Act, as per the repealed section 31B(1)(c)).
The ChairmanChairmanAre there any speakers to clause 7? There appear to be none, Minister. Do you want to move clause 7? Hon. Jason Hayward: Mr. Chairman, I would like to now move clause 7.
The ChairmanChairmanIt has been moved that clause 7 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clause 7 passed.] Hon. Jason Hayward: Mr. Chairman, may I now move the preamble?
The ChairmanChairmanYes. It has been moved that the pr eamble be approved. Are there any objections to that? There appear to be none. The preamble is approved. Hon. Jason Hayward: Mr. Chairman, can I now 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. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as amended and approved. [Motion carried: The Bermuda Immigration and Pr otection Amendment Act 2021 was …
It has been moved that the Bill be reported to the House as amended. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as amended and approved. [Motion carried: The Bermuda Immigration and Pr otection Amendment Act 2021 was considered by a Committee of the whole House and passed with amendments.]
The ChairmanChairmanThank you, Minister Hayward and MP Rich ardson. Thank you. House resumed at 8:05 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2021
The SpeakerThe SpeakerThank you, Deputy Speaker. Members, are there any objections to the Bermuda Immigration and Protection Amendment Act 2021 being reported to the House with the necessary amendments? There are no objections. The matter has been reported to the House with the amendments intact. That brings us to the close of …
Thank you, Deputy Speaker. Members, are there any objections to the Bermuda Immigration and Protection Amendment Act 2021 being reported to the House with the necessary amendments? There are no objections. The matter has been reported to the House with the amendments intact. That brings us to the close of item number 8, and we will now move on to item number 9, which is the second reading of the Financial Assistance 2038 24 September 2021 Official Hansard Report
Bermuda House of Assembly Amendment Act 2021 in the name of the Minister of Labour. Minister Hayward, it is you again, sir. Would you like to present your matter now? Hon. Jason Hayward: Mr. Speaker, I bring to this Honourable House today the Bill entitled the Financial Assistance Amendment Act 2021. The purpose of this Bill is to make legislative amendments to the Financial Assistance Act —
The SpeakerThe SpeakerDid you move first? Did yo u get permission to move yet? Hon. Jason Hayward: Sorry, Mr. Speaker.
The SpeakerThe SpeakerJust introduce the Bill. Hon. Jason Hayward: Yes. I move that the Bill ent itled the Financial Assistance Amendment Act 2021 be now read a second time.
The SpeakerThe SpeakerAre t here any objections? No. Continue on now, Minister. BILL SECOND READING FINANCIAL ASSISTANCE AMENDMENT ACT 2021 Hon. Jason Hayward: Thank you, Mr. Speaker. Mr. Speaker, I bring to this Honourable House today the Bill entitled the Financial Assistanc e Amendment Act 2021. The purpose of this Bill is …
Are t here any objections? No. Continue on now, Minister.
BILL
SECOND READING
FINANCIAL ASSISTANCE AMENDMENT ACT 2021
Hon. Jason Hayward: Thank you, Mr. Speaker. Mr. Speaker, I bring to this Honourable House today the Bill entitled the Financial Assistanc e Amendment Act 2021. The purpose of this Bill is to make legislative amendments to the Financial Assi stance Act (the principal Act) in order to facilitate part of the financial assistance reform strategy. Mr. Speaker, the debate of this legislation t oday is the fulfilment of yet another promise made by this Government. This Bill is the first step in the fulfi lment of the Government’s promise to executive financial assistance reform as articulated in the PLP’s platform of 2020. This Bill fulfils the pledge made in the November 2020 Speech from the Throne. This Bill is a more [INAUDIBLE] attempt to motivate able- bodied and disabled recipients to move into employment op-portunities as soon as practicable to avoid long- term dependency on the system. The financ ial assistance reform strategy co nsists of four overarching aims and strives to increase sustainability of the Financial Assistance Programme; strengthen the education, training and employment services for Financial Assistance recipients; encourage individuals and families to become financially i ndependent; and improve the programme to better support persons with disabilities. Mr. Speaker, this Bill consists of the first set of two phases of legislative amendments. The Bill pr ovides for the definition of a “disabled person.” The Bill specifies that a disabled person is required to submit with their application for an award a medical opinion which confirms the nature and extent of the disability, the fact that the disability impacts the person’s ability to find or retain suitable employment and, where possible, the likelihood of the person being able to work after a period of rehabilitation or treatment. The Bill specifies that where the medical condition of a dis abled person receiving a Financial Assistance award has changed since being granted the award, or where a question has arisen in relation to a recipient’s medical condition, the director may request that the recipient provide another medical opinion. Mr. Speaker, the Bill ensures that able- bodied persons have personal employment plans designed to place them on pathways to employment and to pr omote successful performance outcomes. This is the collaborative exercise involving the Department of Workforce Development and other industry partners. There wil l be no deductions from their Financial Assi stance award during the tenure of their agreement, which is not to exceed beyond three years. This will allow the recipient to build their assets and prepare to be self -sufficient by the end of the agreement term . The Bill makes a provision for extending these eligibility criteria of able- bodied persons to include the completion of a personal employment plan agreement within the first six months of submission of their appl ication. Personal employment plans form an important part of Financial Assistance reform. Elements of the plan include a comprehensive needs assessment, which consists of an intake interview and one- on-one coaching support for three to five hours with career coaches, Human Resource professionals . This a ssessment outlines the client’s employment growth, action steps, required resources and timelines to meet each objective, and assists the Career Development Section to help the client with future employment and job retention. The plan also identifi es barriers to employment and a skills and career assessment needs. Areas identified for development will shape the client’s plan, along with following mandatory trai ning components: • work readiness training; • career readiness training; • basic/intermediate c omputer skills training; • financial literacy series; and • nonpaid three- to-six-month work experience. Mr. Speaker, several key principles were used to guide the development of Financial Assistance r eform and therefore this Bill. The principles were that there should be a more effective and efficient system that meets the clients’ basic needs, places emphasis on transforming those who have been unable to participate fully in the productive economy and realise
Bermuda House of Assembly their potential, and allows clients to achieve a greater sense of personal and financial success. Mr. Speaker, the broader Financial Assistance reform, as this Bill introduces, has two significant changes to how Financial Assistance operates. Num-ber one, the new reformed Financial Assistance sy stem will focus less on policing and administering roles, and more on helping individuals access the services and support they need to become financially ind ependent. The reform system addresses the policy outside the Financial Assistance system that impedes progres s toward achieving stable income and more sustainable employment for Financial Assistance r ecipients. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Richardson, you have the floor.
Mr. Jarion RichardsonThank you, Mr. Speaker. And I thank the Honourable Minister for bringing this legislation to this Honourable House. Mr. Speaker, this legislation serves to ensure that persons are encouraged to proactively and deli berately plan to return to the labour force, which is obviously in the best interests of all …
Thank you, Mr. Speaker. And I thank the Honourable Minister for bringing this legislation to this Honourable House. Mr. Speaker, this legislation serves to ensure that persons are encouraged to proactively and deli berately plan to return to the labour force, which is obviously in the best interests of all of us. Equally, there are provisions that deal with medical opinions relating to our disabled p ersons. Mr. Speaker, Financial Assistance is a thorny topic on a good day because it comes with all kinds of insinuations that are readily insulting and therefore makes it difficult for us to talk about it in as straigh tforward and as unemotive a process as possible. Mr. Speaker, our social safety net in Bermuda is needed. Our economy, especially now, is in dire straits. And it was heading in that way before COVID -19, and now COVID -19 has certainly put paid to it. So to that end, we do have portions of our population who should not be allowed to slip through the cracks. And with that being said, we do have to be very clear about our expectations for their return to the workforce. Mr. Speaker, the Honourable Minister said in his 10 September [Ministerial] S tatement that the new system will focus less on policing and administering rules and more on helping individuals access the ser-vices and support they need. Equally, Mr. Speaker, in the 2021/22 Estimates of Revenue and Expenditure for the Year, under Head 55, the Department of F inancial Assistance did discontinue site visits for F inancial Assistance clients during the year as one of its performance indicators. But, Mr. Speaker, I would disagree with the Honourable Minister in that regard. I do not think that a reduction in the policing of this space is advisable, given the susceptibility to abuse and fraud when someone is not looking. So maybe the Honourable Minister could speak to that. How are we going to e nsure that someone is still checking? Because what we do not want to do, Mr. Speaker, is allow our compas-sion to override our obligation to ensure the public purse is well spent. With that said, Mr. Speaker, again I thank the Minister for bringing this to the House, and I do have several questions, some of which may be better a nswered during Committee. I will stand to be guided by that if the Honourable Minister wants to answer them in Committee. The first question is on the six months. Why is the personal employment plan allowed to be submi tted six mont hs after the award? That seems like a very long time for a person to put together what is es-sentially a roadmap to employment and a self - sustaining lifestyle. So it seems a bit long. I would like the Minister to speak to that. When will the regulations that relate to this be tabled, that will govern these amendments? I am cur ious as to why the medical opinion, as it relates to di sabled persons, is not retrospective. So it seems to be on a going- forward basis that a disabled person would have to submit a medical opinion with their application for an award. And I am mindful that that would then leave presumably some portion of those currently on an award without the necessity of that medical opinion. And is there any expectation about the cost of the medical opinion? I know that these are currently in practice already. So can the Minister speak to that? I am very mindful again of the state of the economy. We were just speaking about the increase in health insurance, increasing costs of living alt ogether. So I am curious as to how much this would cost a disabled person to be able to get that medical opinion. Last but not least, as it relates to the personal employment plan, Mr. Speaker, I am curious as to who determines the sufficiency or acceptability of the plan. Mr. Speaker, I am very mindful that when these ideas come to fruition, they do get handed over into the institution (that is, the civil service). And without casting aspersions in any way, it is not hard to compl icate something or make it so difficult, to get so much red tape around it that it makes it discouraging and disincentivising for a person to go down that road. So I want to get some clarity on who determines the suff iciency and acceptability of the personal employment plan so that we know th at there is some degree of oversight, that we are not making this so hard that it makes people not do it. But with that being said, Mr. Speaker, again I thank the Honourable Minister for bringing this before 2040 24 September 2021 Official Hansard Report
Bermuda House of Assembly the House. And I look forward to going into Com mittee.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time?
Ms. Susan E. JacksonMr. Speaker, I would like to just ask a couple of questions.
The SpeakerThe SpeakerMP Jackson, you have the floor.
Ms. Susan E. JacksonThank you. I will keep this super brief just out of respect for the family and friends of those who have lost their lives to COVID -19 today; I understand that there have been as many as seven. Minister, my concern is around the medical opini on. Having worked with …
Thank you. I will keep this super brief just out of respect for the family and friends of those who have lost their lives to COVID -19 today; I understand that there have been as many as seven. Minister, my concern is around the medical opini on. Having worked with folks who certainly are eligible for financial assistance, requiring this medical opinion is not an easy task. These are folks who do not have that foundation. And the amount of money that it costs to go to the doctor to have a physi cal and to get an opinion of this sort is literally hundreds of dollars. The last person whom I escorted for a medical opinion, it was over $400 for the doctor to see the applicant. So I am just really concerned that when we are dealing with disability, t hese are people who are already in very stressful situations. And oftentimes finding the resources for the medical opinion is almost a slap in the face saying , How can I be destitute enough for financial assistance, and yet you want me to have hundreds an d hundreds of dollars to give to a doctor for a medical opinion? So I am just curious how the Ministry or the department really thinks that this is going to work out from the practical perspective? The other [concern I have] is that I have certainly run i nto and had discourse with applicants for Financial Assistance, and it may be what appears on the outside to be a subtle disability. So it could be a disability that has to do with emotional or behavioural issues and that there may be a requirement for ex-pensive medication. So when the applicant is on medication, the disability subsides. But when they are not on the medication, then they certainly are unable to perform daily tasks in the workforce. But they have to remain on financial assistance in order to afford the medication to keep them stable. So then it becomes this sort of catch- 22. I guess what I am saying is that there are many individual and very different definitions and ci rcumstances for people who are living with disabilities. And as I am reading this piece of legislation, it just seems to be a really broad brush. So I am curious whether there are exemptions or if there is flexibility in this legislation to allow people who genuinely need the support from Financial Assistance to actually be abl e to apply, given all of the hurdles that they have to overcome in order to make the application complete. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? No other Member? Minister, would you like to wrap us up? Hon. Tinee Furbert: Mr. Speaker.
The SpeakerThe SpeakerOh, sorry. I hear a voice. Minister Furbert, yes. Hon. Tinee Furbert: Yes. Thank you, Mr. Speaker. Just really briefly, I would just like to thank Minister Hayward for bringing this legislation forward, these amendments forward. We in the Ministry of S ocial Development . . . the best formula …
Oh, sorry. I hear a voice. Minister Furbert, yes. Hon. Tinee Furbert: Yes. Thank you, Mr. Speaker. Just really briefly, I would just like to thank Minister Hayward for bringing this legislation forward, these amendments forward. We in the Ministry of S ocial Development . . . the best formula to reduce longterm hardship is to not have someone be on long- term hardship from the very beginning. So I applau d the Minister for bringing forward the employment plans. We have sat on a Financial Reform Committee some time ago, and one of the issues was that there was a time limit in which persons could be on financial assi stance. I believe we have recently changed legislation so that that does not apply to persons now, particular-ly as we are going through a pandemic. But part of that plan was to prepare people with employment plans so that they could build up the skills, have goals and objectives to be able to reach a level of employment so that they can plan and prepare to, hopefully, no longer be on financial assistance. Being on financial assistance, Mr. Speaker, is not a plan and is not something that someone wants to be on. But people do find themselves on cyc les, and families find themselves on cycles of parents, children being on financial assistance because they do not have employment plans. There was something set up within the Financial Assistance where people would have to go to p otential employers and t hey would have to get a form signed showing that they had made attempts to look for employment. So the employment plans are now an added structure to try to help persons to secure employment, to be able to no longer have to be suppor ted by Financial Assist ance. So I believe it is a strengthening measure, a policy to assist persons on financial assistance with more solid goals. I would just like to take the time to speak to the change of the definition as it relates to disability and the inclusion of having to get a medical opinion. I believe in any jurisdiction when you are trying to r eceive an allowance or benefit of any kind that you would have to prove your disability status. So it would not be unusual for a social service or a financial ser-vice to ask s omeone to verify their disability status. Hopefully, persons would have been with their primary
Bermuda House of Assembly physician for a while, who knows that person pretty well. And so, it gives the medical practitioner the abi lity to report in more detail in regard to someone’s disability. Because we must recognise that persons with disabilities, sometimes it can be a temporary disability where you were in a motor vehicle accident and you broke your leg or you broke your arm. And you are disabled for a short -term time period, versus someone who has a congenital disability from birth that they may not ever be able to work. And so it is important for Financial Assistance to have that information as a verification of information as it relates to disability. My hope is that physicians are more specific in providing information to Financial Assistance for verification. The other piece of it is that Financial Assi stance is no longer saying just because you have a disability that you are unable to work. Someone who may be disabled for a short -term period due to, let us say, cataract in their eye, and they have a surgery and it improves their vision greatly, would have a different function level. So it is important for Financial Assi stance to have that information because someone may be disabled or have decreased function for a shorter period of time, but once they had the rehabilitation or some sort of surgical correction, then it can change their disability status. So I believe that this is more of a verification process for Financial A ssistance so that they have information that can back them when they are giving allowances for benefits to persons with disabilities. But it is not unusual for any social programme or f inancial assistance programme in any jurisdiction to ask for information to verify disability. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Honourable Member wish to make a contribution at this time? No other Members? Minister Hayward, would you like to help us out? Hon. Jason Hayward: Mr. Sp eaker, I thank the Mini ster responsible for Social Development and Seniors and the Members of the …
Thank you, Minister. Does any other Honourable Member wish to make a contribution at this time? No other Members? Minister Hayward, would you like to help us out?
Hon. Jason Hayward: Mr. Sp eaker, I thank the Mini ster responsible for Social Development and Seniors and the Members of the Opposition who provided i ntervention in this evening’s debate. I thank them for their support. There were a number of questions asked by the Opposition MPs, and I will endeavour to answer those questions before we get into Committee. The first question was, Why does one have to wait six months to get on a personal employment plan? We were asking that persons get on a personal employment plan within a six -mont h period, and we give the time period of six months because these persons have to sit down and have assessments done. They have to be done with Career Development offi ces. There are over 150 able- bodied individuals who are currently on financial assistance; it is going to take some time for all those persons to have their personal employment plans done. Even when we have new persons coming on to the system on a monthly basis, there are some who have to get in the queue so that they can have the proper meeti ngs with the Workforce Development and Financial Assistance teams. The question pertaining to the regulations that were mentioned in the brief: It is the aim to have those regulations gazetted prior to the commencement of the next parliamentary session. There was a question regarding the medical field, and I am glad the Minister responsible for Social Development and Seniors provided that this is a reg ular feature within any social protection programme. But I would say that this has been the norm. We are moving what has been a policy all this time into law. So the majority of the 700 -plus persons who are on financial assistance who have [been] identified to have disabilities would all have had to produce some level of medical certificate at that point in t ime. Site visits will continue. Because we said that our focus is shifting to providing persons with the em-ployment and social support that they require, that does not mean that we are going to be negligent in the area of compliance. So we will continue w ith our compliance. We will continue with our site checks. Where a person is required to get a medical opinion and that individual does not have medical i nsurance, they can receive a benefit from Financial Assistance to get that medical opinion. So what w e do not want to do is create barriers to persons’ getting assistance when they actually need it. We want to ensure that we are providing benefits to individuals who actually need it. But we do not want to increase the amount of barriers one has to climb i n order to get the assistance when they are in need. It should also be noted in terms of the personal employment plan, there is a double sign off on each personal employment plan. The client has to sign off, as well as the Career Development officer within Workforce Development. Other persons who will be included in the plan are the Financial Assi stance worker and Financial Assistance manager. So we want to ensure that they get all of the wraparound services, so there are actually tick -boxes within the personal employment plans. And I will just read out some of the areas. It determines the terms of referral, whether somebody needs soft skills worked up, employment assistance, adult education, training, Child and Family Services , Bermuda Housing Corporation services, Bermuda Job Board registration, whether they need any services from the K. Margaret Carter Centre, Bermuda College, and so on. And so you would be able to tick [the boxes]. And where those services lie outside of the Department of Financial Assi stance or the Department of Workforce Development, then they are referred to that particular agency, because we 2042 24 September 2021 Official Hansard Report
Bermuda House of Assembly recognise that some persons may need more than just employment services. They also may need other things that help them in their journey to not only get work, but to retain in the world of work as well. Mr. Speaker, I believe that answers the majority of the questions that were asked by the MPs. If I missed anything, I will handle those questions when we get into Committee. And at this point in t ime, Mr. Speaker, I move that the Bill now be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. House in Committee at 8: 25 pm [Hon. Derrick V. Burgess, Sr., Deputy Speaker, Chairman] COMMITTEE ON BILL FINANCIAL ASSISTANCE AMENDMENT ACT 2021
The ChairmanChairmanYes. Thank you, Mr. Speaker. Honourable Members, we are now in Commi ttee of the whole [House] for further consideration of the Bill entitled Financial As sistance [Amendment Act] 2021 . Minister, you have the floor. Hon. Jason Hayward: Mr. Chairman, this Bill would amend the Financial Assistance Act 2001, …
Yes. Thank you, Mr. Speaker. Honourable Members, we are now in Commi ttee of the whole [House] for further consideration of the Bill entitled Financial As sistance [Amendment Act] 2021 . Minister, you have the floor.
Hon. Jason Hayward: Mr. Chairman, this Bill would amend the Financial Assistance Act 2001, the princ ipal Act. Mr. Chairman, I would like to move clause 1.
The ChairmanChairmanContinue. Hon. Jason Hayward: Clause 1 comprises the cit ations of the Bill. I would like to move that clause 1 be approved.
The ChairmanChairmanIt has been moved that clause 1 be approved. Any objections to that? No objection. Approved. [Motion carried: Clause 1 passed.] Hon. Jason Hayward: Mr. Chairman, I would like to move clause 2.
The ChairmanChairmanContinue, Minister. Hon. Jason Hayward: Clause 2 amends section 2 of the principal Act by repealing and replacing the definition of disabled person, which is to now require a di sabled person to have medical confirmation of a dis ability in accordance with the proposed section 7A. Clause 2 also …
Continue, Minister.
Hon. Jason Hayward: Clause 2 amends section 2 of the principal Act by repealing and replacing the definition of disabled person, which is to now require a di sabled person to have medical confirmation of a dis ability in accordance with the proposed section 7A. Clause 2 also inserts a new definition for “personal employment plan,” which is a written agreement entered into by a recipient of an award under this Ac t, the Department of Workforce Development and the Department of Financial Assistance, which identifies a direct path for the recipient, within a period of 3 years, to develop skills and acquire the knowledge required to gain sustainable employment.
The C hairman: Any further speakers to clause 2?
Hon. Jason Hayward: Mr. Chairman, I move that clause 2 be approved.
The ChairmanChairmanOne second, Minister. I am just trying to find out if anyone wants to speak to it. Any further speakers to clause 2? There appe ar to be none, Minister. Continue. Hon. Jason Hayward: Mr. Chairman, I move that clause 2 be approved.
The ChairmanChairmanIt has been moved that clause 2 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Cl ause 2 passed.] Hon. Jason Hayward: Mr. Chairman, I now move clause 3.
The ChairmanChairmanContinue, sir. Hon. Jason Hayward: Mr. Chairman, clause 3 amends the principal Act by inserting new section 7A (application by disabled person), which sets out in section 7A(1) the requirements for new applicants who are disabled to submit with their applications a medical opinion given by a medical practitioner which …
Continue, sir. Hon. Jason Hayward: Mr. Chairman, clause 3 amends the principal Act by inserting new section 7A (application by disabled person), which sets out in section 7A(1) the requirements for new applicants who are disabled to submit with their applications a medical opinion given by a medical practitioner which confirms (a) the nature and extent of the disability, (b) the fact the disability impacts the person’s ability to find or retain suitable employment, and (c) where possible, the likelihood of the person being able to work after a period of rehabilitation or treatment. The r equirement of a medical opinion as described in section 7A(1) does not apply to disabl ed persons who are currently receiving financial assistance awards prior to the commencement of this Act. However, in accor dance with section 7A(2), the Director may request that a disabled person receiving an award provide a medical opinion that confirms the matters set out in section 7A(1).
The ChairmanChairmanAny speakers to clause 3? There appear to be none. Minister. Bermuda House of Assembly Mr. Jarion Richardson: Sorry, Mr. Chairman. I was having a problem with my mic.
The ChairmanChairmanOkay. I am sorry. MP Richardson.
Mr. Jarion RichardsonThank you, Mr. Chairman. Mr. Chairman, would the Honourable Minister be able to walk us through what some of those cond itions would be where the Director may request that a disabled person receiving a Financial Assistance award should provide a medical opinion? And specif ically, given that the statute …
Thank you, Mr. Chairman. Mr. Chairman, would the Honourable Minister be able to walk us through what some of those cond itions would be where the Director may request that a disabled person receiving a Financial Assistance award should provide a medical opinion? And specif ically, given that the statute does not make this entire condition retrospective, it seems to only be when the Director requests it. So why would the Director then request it? What are some of those conditions? Thank you, Mr. Chairman and Minister.
The ChairmanChairmanMinister. Hon. Jason Hayward: Mr. Chairman, there are ran ges and varieties as it pertains to disability. There are some short -term disabilities and there are long- term disabilities. Some people receive disability from wor kplace incidents which prevent them for working for certain periods of time. Some people get …
Minister.
Hon. Jason Hayward: Mr. Chairman, there are ran ges and varieties as it pertains to disability. There are some short -term disabilities and there are long- term disabilities. Some people receive disability from wor kplace incidents which prevent them for working for certain periods of time. Some people get medical pr ocedures (that [might] be a hip replacement) and they cannot go back to work for a period of time. Sometimes persons who are receiving disabi lity are observed conducting themselves in certain b ehaviours which would raise flags. And at that point in time, the Director can request that another medical certificate be received to confirm that this person is still unable to work. So, it is kind of the co mpliance on the back end that you were referring to earlier, where we want to ensure that persons who are genuinely disabled get assistance. But certainly we have to have some checks and balances in place. And that is one of the mechanisms that we have uti lised as the checks and balances where certain behaviours are observed in the opinion of the Director.
The ChairmanChairmanAny further comments, questions for the Minister on clause 3?
Mr. Jarion RichardsonYes, Mr. Chairman, thank you very much. I would add that I would recommend that this requirement be retrospective. I am just adding that for the record, that we act and contribute that. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, MP Richardson. Any further speakers? There appear to be none , Minist er. Hon. Jason Hayward: Mr. Chairman, I would add that disabled recipients, some of them are on a regular reassessment schedule. So that would naturally take place during some persons’ reassessments schedules who are currently on …
The ChairmanChairmanThank you, Minister. Any further speakers? There appear to be none. Minister, do you want to move clause 3? Hon. Jason Hayward: Mr. Chairman, I now move that clause 3 be approved.
The ChairmanChairmanIt has been moved that clause 3 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clause 3 passed.] Hon. Jason Hayward: Mr. Chairman, I now move clause 4.
The ChairmanChairmanContinue, Minister. Hon. Jason Hayward: Clause 4 amends section 9 of the principal Act by repealing and replacing section 9(3)(a) to provide that the Director may impose as a condition of an award for a recipient to register with the Department of Workforce Development, partic ipate in workforce- related assessments …
Continue, Minister.
Hon. Jason Hayward: Clause 4 amends section 9 of the principal Act by repealing and replacing section 9(3)(a) to provide that the Director may impose as a condition of an award for a recipient to register with the Department of Workforce Development, partic ipate in workforce- related assessments and development programmes, attend any one or more life- skills programmes, as may be specified. Clause 4 also i nserts a new section 9(3AA), which requires an ablebodied recipient of an award to enter into an agreement for a personal development plan with the departments, and also inserts a new section 9(3AB) which provides a transitional period of six months from the commencement of section 9(3AA) for current ablebodied recipients to enter into a personal employment plan. Additionally, clause 4 amends section 9(3A) (a) to include failure to comply with new section 9(3AA) as a breach of a special condition and also inserts new section 9(5) to provide that the Minister may, by regulations subject to the negative resolution proc edure, prescribe the personal employment p lan.
The ChairmanChairmanAny further speakers to clause 4? There appear to be none , Minister. Hon. Jason Hayward: Mr. Chairman, can I move that clause 4 be now approved?
The ChairmanChairmanYes. It has been moved that clause 4 be approved. Are there any objections to that? There appear to be none. Clause 4 is approved. [Motion carried: Clause 4 passed.] 2044 24 September 2021 Official Hansard Report B ermuda House of Assembly Hon. Jason Hayward: Mr. Chairman, I would like …
The ChairmanChairmanContinue, Minister. Hon. Jason Hayward: Clause 5 provides for co mmencement of the Bill.
The ChairmanChairmanAny speakers to that, the commencement?
Mr. Jarion RichardsonWhen does the Honourable Minister anticipate bringing this? Obviously after the convening of the H ouse, but does he have a date for when he anticipates making this operational?
The ChairmanChairmanMinister. Hon. Jason Hayward: It is [our] aim that the Bill will come into operation with the assent from the Gover-nor.
The ChairmanChairmanAny further comments or questions for the Minister on clause 5? There appear to be none. Continue, Minister. Hon. Jason Hayward: Mr. Chairman, I would like to move that clause 5 be approved.
The ChairmanChairmanIt has been moved that clause 5 be approved. Are there any objections to that? There appear to be none , approved. [ Motion carried: Clause 5 passed.] Hon. Jason Hayward: Mr. Chairman, I now 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. Jason Hayward: Mr. Chairman, I now move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as printed. [ Motion carried: The Financial Assistance Amendment Act 2021 was considered by a Committee …
The ChairmanChairmanThank you, Minister. Thank you, Mr. Richardson. Mr. Speaker. House resumed at 8:35 pm [ Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE FINANCIAL ASSISTANCE AMENDMENT ACT 2021
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Bi ll entitled the Financial Assistance 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 the end of all of the second readings …
Thank you, Deputy. Members, are there any objections to the Bi ll entitled the Financial Assistance 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 the end of all of the second readings for today. Before we move on to the third readings, I am going to seek your indulgence. Earlier today when we were doing the Ministerial Statements, for the Stat ement that the Minister of Transport had on the Order Paper we were asked to seek your indulgence to have it delivered at a later stage in the day because there were some current matters that were taking place that we wanted to keep the Statement as current as we could. At this point I am seeking the indulgence again to allow the Minister to now read that Stat ement. And for those who may wish to ask questions of the Minister, there were still 37 minutes left in the Question Period from this morning on the clock, which I will start after he finishes the Statement. I will take us to questions if anybody wants questions. And we w ill use that 37- minute period. We do not have to use it all, but it is there. Okay? Members, do we have your indulgence? [ No audible reply]
The SpeakerThe SpeakerThere are no objections to that. Thank you. Minister of Transport, would you like to put your State ment now? STATEMENTS BY MINISTERS AND JUNIOR MINISTERS [Recommitted] UPDATE ON THE PUBLIC BUS SERVICE Hon. W. Lawrence Scott: Thank you, Mr. Speaker. Bermuda House of Assembly Mr. Speaker, the public bus …
There are no objections to that. Thank you. Minister of Transport, would you like to put your State ment now? STATEMENTS BY MINISTERS AND JUNIOR MINISTERS [Recommitted] UPDATE ON THE PUBLIC BUS SERVICE Hon. W. Lawrence Scott: Thank you, Mr. Speaker.
Bermuda House of Assembly Mr. Speaker, the public bus service has been disrupted for seven days now. In these trying times, not having transportation adds additional stress, anx iety and burden to those who rely on the public bus service. As Minister, I feel compelled to report to th e Members of this Honourable House exactly why the commuting public has been without public buses. Early last week, the Public Transportation D epartment’s Safety and Health Committee co- chairs communicated about safety and health concerns wit hin the workplace. The committee did not formally meet, nor were any recommendations to the Depar tment of Public Transportation [DPT] management r equired under section 7B of the Occupational Safety and Health Act 1982. Mr. Speaker, on Thursday, 16 September, the Presi dent of the BIU Bus Division [the Division] sent an email to the Acting Director of DPT. He advised that as of 9:00 am on Friday, the Division would be withdrawing their labour. Just before noon on Friday, he sent a second email to the DPT Acting Director, DPT Operations Manager, the Government Occupational Safety and Health Officer and the Head of the Public Service. In that email he advised that the Div ision would withdraw labour as of noon that day under the provisions of section 84(1)(e) of the Occupati onal Safety and Health Regulations 2009. A meeting was held between the DPT and the BIU Bus Division at 3:00 pm on Friday. The DPT i nformed the Division that the legislation [that was] pr ovided for why the Division was withdrawing services was incorrect. The Bus Division acknowledged that the provision of law provided was not correct. The DPT also advised that the requirements listed in the email were already in place and asked whether the Bus Division could be more specific. Mr. Speaker, the no work, no pay policy was applied since the DPT believed the concerns could have been addressed wit hout the Division withdrawing labour. Mr. Speaker, the DPT also wrote to the L abour Relations Manager to register a labour dispute between the DPT management and the B us Division of the BIU regarding the safety of the public bus service. The BIU responded that the matter was not a labour issue and should be treated as a safety and health emergency. Later that night, the Division submitted a r evised email quoting sectio ns 7A(1) and 7C(d) of the Occupational Safety and Health Act 1982 for their ac-tions. Reviewing the situation, the Government O ccupational Safety and Health Officer advised that the Ministry of Health has approved the COVID -19 prot ocols at the DPT to provi de for continuing safe oper ations. She noted that there had been an increase in COVID -19 cases, but that does not satisfy the notion of imminent danger. She further stated that section 7A refers to the employee having the right to refuse work if there is r easonable cause to believe that the cond i-tions of the workplace of employment present an i mminent and serious danger to their health or life, while [section] 7B allows the employee to report the matter to their employer and remain available for work until their claim has been investigated. Mr. Speaker, the main point is that the Div ision did not follow the law. The Government cannot justify paying when the Division does not comply with the law. Now, Mr. Speaker, I understand the frustration and concerns that all of us have while we are in the current phase of COVID -19. It is a difficult time, and fears and anxiety about the Delta variants and other strong emotions can sometimes be overwhelming, especially for those members of our community who have already been personally affected by COVID -19. I speak from personal experience, as I too have lost a family member due to COVID -19. Mr. Speaker, a large segment of our comm unity depends on public transportation to go about their day-to-day lives, including our essential workers, nurses and caregivers getting to the hospital, residential care facilities and private residences; our seniors who need to get to their medical appointments, gr oceries and visits to their loved ones; our children getting to extra- curric ular activities; and the general public getting to work. Mr. Speaker, the list goes on. During this interruption, members of our community were at bus stops for long periods, waiting and waiting in all types of weather, some unsheltered, for a bus that did not show up. Mr. Speaker, the commuting public were unnecessarily inconvenienced by actions that could have been addressed without leaving commuters stranded. Mr. Speaker, the Government cannot continue in this current vein. The public needs to be servi ced, and the BIU Bus Division members need to work in order to take care of their fundamental needs. The Ministry of Transport is committed to safety in the workplace and maintaining an environment where all staff are secure and safe at work. Mr. Speaker , discussions between the parties are scheduled to continue at 10:00 am tomorrow. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister of Transport, Mi nister Scott. As indicated, there was still time left on the clock during the Question Period. And I am going to exercise that time now for Members who would like to put questions to the Minister in regard to his Stat ement. Minister, there …
Thank you, Minister of Transport, Mi nister Scott. As indicated, there was still time left on the clock during the Question Period. And I am going to exercise that time now for Members who would like to put questions to the Minister in regard to his Stat ement. Minister, there are already Members who have indicated questions. I am going to call on the Shadow Minister, is it not? MP Pearm an, are you Shadow Minister?
Mr. Scott PearmanCorrect. 2046 24 September 2021 Official Hansard Report Bermuda House of Assembly QUESTION PERIOD [Recommitted]
The SpeakerThe SpeakerThe Shadow Minister of Transport has indicated he has questions. So the clock is ticking now. MP Pearman, you have the floor. QUESTION 1: UPDATE ON THE PUBLIC BUS SERVICE
Mr. Scott PearmanThank you, Mr. Speaker. Let me start by offering my condolences to the Minister for the loss of one of his family members due to COVID -19. That was not something about which I was aware, despite the fact that we hav e spoken over the recent weeks. The Minister’s …
Thank you, Mr. Speaker. Let me start by offering my condolences to the Minister for the loss of one of his family members due to COVID -19. That was not something about which I was aware, despite the fact that we hav e spoken over the recent weeks. The Minister’s Statement as drafted, although it has been revised this evening since the version I saw this morning, describes the fact that the parties are currently at an impasse. Honourable Minister, beyond the fact tha t you intend to meet again tomorrow, is there any solution or proposed solution that the Government could share with this Honourable House about how you propose to resolve the impasse? Thank you.
The SpeakerThe SpeakerMinister. Hon. W. Lawrence Scott: Yes. Shado w Minister, the Government is going back to the table. First and foremost, we are going back to the table in the interest of conciliation. We are going back to the table to make sure that we are able to basically find that …
Minister.
Hon. W. Lawrence Scott: Yes. Shado w Minister, the Government is going back to the table. First and foremost, we are going back to the table in the interest of conciliation. We are going back to the table to make sure that we are able to basically find that common thread. All we need is that common thread in order to be able to move forward. But failing in the worst -case scenario, and in planning for all events and purposes, if we are unable to reach an agreement, there is a follow -up or a bac kup plan that the Government does have ready to go in that event so that persons will no longer be stranded.
The SpeakerThe SpeakerWould any other Member wish to put a question to the Minister in reference to his Statement? No other Member? Thank you, Minister and Shadow Minister. That now closes that period for us for the off icial Questi on Period from this morning after the Statement that was given just …
Would any other Member wish to put a question to the Minister in reference to his Statement? No other Member? Thank you, Minister and Shadow Minister. That now closes that period for us for the off icial Questi on Period from this morning after the Statement that was given just now. Now that moves us to the third readings of the [Bills] that were done today. And we begin with the third reading of the Health Insurance Amendment Act 2021 in the name of the Minister of Health. Is the Minister doing that, or is someone standing in for the Minister? Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. E. David Burt: Mr. Speaker, may I read the third reading of my Bill?
The SpeakerThe SpeakerWe will come to you at the end. Hon. E. David Burt: Okay. No problem, Mr. Speaker.
The SpeakerThe SpeakerI have not overlooked you. I am just going back down the Order Paper. Hon. E. David Burt: No problem, Mr. Speaker.
The SpeakerThe SpeakerAll right. Hon. E. David Burt: I am happy to go for the Minister of Health.
The SpeakerThe SpeakerThe Minister of Health? Yes, you can do the Health Minister’s reading. SUSPENSION OF STANDING ORDER 21 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill ent itled the Health Insurance Amendment Act …
The Minister of Health? Yes, you can do the Health Minister’s reading.
SUSPENSION OF STANDING ORDER 21
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill ent itled the Health Insurance Amendment Act 2021 be read for the third time by its title only.
The SpeakerThe SpeakerAre there any objections? There are none, continue Premier. [Motion carried: Standing Order 21 suspended.] BILL THIRD REA DING HEALTH INSURANCE AMENDMENT ACT 2021 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Health Insurance Amendment Act 2021 be now …
Are there any objections? There are none, continue Premier. [Motion carried: Standing Order 21 suspended.]
BILL
THIRD REA DING
HEALTH INSURANCE AMENDMENT ACT 2021 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Health Insurance Amendment Act 2021 be now read for a third time by its title only and passed.
Bermuda House of Assembly The Speaker: The Bill has now been read a third time by its title only and passed. Thank you.
[Motion carried: The Health Insurance Amendment Act 2021 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Premier. The next item is item number 3 in the name of the . . . no, that was just a consideration. Item number 4 in the name of the Minister of Finance, the Segr egated Accounts Companies Amendment Act 2021. Minister of Finance, would you like to …
Thank you, Premier. The next item is item number 3 in the name of the . . . no, that was just a consideration. Item number 4 in the name of the Minister of Finance, the Segr egated Accounts Companies Amendment Act 2021. Minister of Finance, would you like to do your third reading?
SUSPENSION OF STANDING ORDER 21 Hon. Cu rtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Segregated Accounts Companies Amendment Act 2021 be now read the third time by its title only.
The SpeakerThe SpeakerAre there any objections to that? There are none, continue Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING SEGREGATED ACCOUNTS COMPANIES AMEN DMENT ACT 2021 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now read the third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Segregated Accounts Companies Amendment Act 2021 was read a third time and passed.]
The SpeakerThe SpeakerMinister, would you like to do the next item, item number 5? 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 Incorporated Segregated Accounts Companies Amendment Act 2021 be now …
The SpeakerThe SpeakerAre there any objections to that? There are none. Proceed Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INCORPORATED SEGREGATED ACCOUNTS COMPANIES AMENDMENT 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. [Motion carried: The Incorporated Segregat ed A ccounts Companies Amendment Act 2021 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. Deputy Premier, would you like to do the third reading for your Bill? SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Invasive Alien Species Act …
Thank you, Minister. Deputy Premier, would you like to do the third reading for your Bill?
SUSPENSION OF STANDING ORDER 21
Hon. Walter H. Roban: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Invasive Alien Species Act 2021 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections to that? There are none. Continue on, Deputy. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INVASIVE ALIEN SPECIES ACT 2021 Hon. Walter H. Roban: Mr. Speaker, I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerMembers, the Bill has been read a third time by its title only and is now passed. [Motion carried: The Invasive Alien Species Act 2021 was read a third time and passed.]
The SpeakerThe SpeakerThank you. The next item is the third reading for the Motor Car (Liveries) Amendment Act 2021. 2048 24 September 2021 Official Hansard Report Bermuda House of Assembly Minister of Transport, would you like to do your third reading? Hon. W. Lawrence Scott: Yes, Mr. Speaker.
The SpeakerThe SpeakerYes. SUSPENSION OF STANDING ORDER 21 Hon. W. Lawrence Scott: Mr. Speaker, I move that the Standing Order 21 be suspended to enable me to move that the Bill entitled Motor Car (Liveries) Amendment Act 2021 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections? There are none, proceed. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING MOTOR CAR (LIVERIES) AMENDMENT ACT 2021 Hon. W. Lawrence Scott: I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerMembers, the Bill has been read a third time by its title only and is now passed. [Motion carried: The Motor Car (Liveries) Amendment Act 2021 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. Minister of Labour, would you like to do your Bermuda Immigration and Protection matter with its third reading? SUSPENSION OF STANDING ORDER 21 Hon. Jason Hayward: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Bermuda …
Thank you, Minister. Minister of Labour, would you like to do your Bermuda Immigration and Protection matter with its third reading?
SUSPENSION OF STANDING ORDER 21
Hon. Jason Hayward: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Bermuda Immigration and Protection Amendment Act 2021 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any object ions? There are none, proceed. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2021 Hon. Jason Hayward: I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerMembers, the Bill has been read a third time by its title only and is now passed. [Motion carried: The Bermuda Immigration and Pr otection Amendment Act 2021 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. Would you like to do your second Bill? SUSPENSION OF STANDING ORDER 21 Hon. Jason Hayward: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Financial Assistance Amendment Act 2021 be now read for a third time …
The SpeakerThe SpeakerMembers, are there any objections to that? There are none, proceed. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING FINANCIAL ASSISTANCE AMENDMENT ACT 2021 Hon. Jason Hayward: Mr. Speaker, I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerMembers, the Bill has been read a third time by its title only and has now passed. [Motion carried: The Financial Assistance Amendment Act 2021 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. Mr. Premier, would you like to do the third reading for the Gaming Amendment Act? Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Gaming Amendment Act 2021 be now read for a third time by its title only …
The SpeakerThe SpeakerAre there any objections to that? There are none, proceed. Hon. E. David Burt: Sorry, Mr. Speaker? Bermuda House of Assembly The Speaker: Proceed. Just r ead it now. There were no objections to your reading it. You can read it no w. BILL THIRD READING GAMING AMENDMENT ACT 2021 …
Are there any objections to that? There are none, proceed.
Hon. E. David Burt: Sorry, Mr. Speaker?
Bermuda House of Assembly The Speaker: Proceed. Just r ead it now. There were no objections to your reading it. You can read it no w.
BILL
THIRD READING
GAMING AMENDMENT ACT 2021
Hon. E. David Burt: Thank you. I move that the Bill be now read for a third time by its title only and passed.
The SpeakerThe SpeakerMembers, the Bill has been read a third time by its title only and is now pass ed. [Motion carried: The Gaming Amendment Act 2021 was read a third time and passed.]
The SpeakerThe SpeakerMembers, that brings us to a close of the business on the Order Paper for today.
Mr. Premier.
ADJOURNMENT
Hon. E. David BurtpremierThank you very much, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn. Hon. Derrick V. Burgess, Sr.: Mr. Speaker.
The SpeakerThe SpeakerWould any Member wish to speak to that? It sounds like the Deputy. Deputy Speaker, would you like to make some comments on the motion to adjourn? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerProceed right ahead. COVID -19—VACCINATION HESITANCY Hon. Derrick V. Burgess, Sr.: Thank you. After hearing the news tonight about the loss of seven more of our people, i t saddens me and I am sure it saddens Bermuda. Mr. Speaker, I would like to thank the health care workers at …
Proceed right ahead.
COVID -19—VACCINATION HESITANCY
Hon. Derrick V. Burgess, Sr.: Thank you. After hearing the news tonight about the loss of seven more of our people, i t saddens me and I am sure it saddens Bermuda. Mr. Speaker, I would like to thank the health care workers at the hospital, the security staff and all hospital staff. Also the doctors in private practice who are treating this coronavirus, health care provi ders . . . I really, really thank them for what they are doing. Also, my condolences go out to the families who have lost friends and loved ones, family [members] in this disease that we have got running around, Mr. Speaker. Mr. Speaker, I also want to [ INAUDIBLE] quarantine policy. I agree with it. I want to make it clear to those who are listening that if you qualify, you can quarantine at home. In other words, if you are there yourself there is no question. But if you are arri ving back to Bermuda and y ou have got to quarantine and your family is there, if you want to go to that house, the whole family has to quarantine. I understand that, and I agree with it, Mr. Speaker. Mr. Speaker, the Opposition made a stat ement not so long ago about making the shot mandat ory. Mr. Speaker, if that was done, if you made these shots mandatory in workplaces, just imagine what that will create and can create. That will create a whole lot of problems dividing this country more than it has ever been divided. And thank God the Progressive Labour Party Government said they are not going to do that, because there are ways that we can deal [with the pandemic] without that dictatorial approach. Let me say, Mr. Speaker, that workers and people have rights. If they do not want t o take the shot, that is their right to do so. But we encourage them to take the necessary precautions about wearing a mask, particularly when you are within six feet of people. Mr. Speaker, I have no doubt that the shots have some benefit. It has been proven it is not 100 per cent effective. There have been some deaths in people who have had both shots. So there is some benefit, and there are some adverse side effects from taking the shot. And I think that is what makes people hesitant or reluctant to get the shot, Mr. Speaker. Mr. Speaker, I think the way that the narrative has been put out there [by] the health officials is only addressing one side of the situation. They are addressing it as if everybody must get a shot. They are not even taking into consideration those who cannot take a shot for good reasons, and you even have some doctors who are against having these shots. We also should be advising these people what they should be doing or what they should not be doing if they do not take the shot. We are not doing that. I know someone will correct me if I have got it wrong, and I do not mind that. The shots do not pr event you from catching the virus or transmitting it. Let me repeat that: The shots do not prevent you from catching the virus or transm itting it. What it does, which is what has been put out to us, is that if you catch it, your sickness will not be so severe. And that has been proven with most people, Mr. Speaker. There are doctors treating patients with COVID -19 with other medications and having success with it. We need to hear about that. Mr. Speaker, I think people have got the wrong perception about the SafeKey. I think it is out there that If I get the SafeKey . . . and you can get that if you had the two shots, and that is renewed e very 30 days, I think. And you do not take another test to get it renewed. You just appear, and they reprint it. Then you can get a SafeKey for, I think three days. And you can get one just by getting a 2050 24 September 2021 Official Hansard Report
Bermuda House of Assembly test. And if you prove to be negative, you will get a SafeKey. That is fine. And I really do not mind if the Government says, Well, those who do not want to take a shot, you have to get tested every so often. I think that is fine. I think that is what we should be doing. But I really believe when we insinuate or even blame the spread of the virus on unvaccinated people, that is wrong, because as we said earlier, Mr. Speaker, you can catch this virus from those who are vaccinated also. So we do not know where you caught this virus because there is no scientif ic test to say, You caught this at Cup Match, Concacaf, Bacchanal, Raft -Up. We do not know. But I think it is incumbent on all of us to take the necessary precautions. Wear that mask and do some other things that your health doctor would tell you, particul arly those who do not want to take the shot. Because, you know, people going to these gatherings, and they feel that they have got a Saf eKey, so they feel that they do not have to wear a mask. And they are taking pictures. You know, they are hugging each other. And I do know when they go to games and Raft -Up, and they start drinking their jet fuel, we lose some consciousness of what we should or should not be doing, Mr. Speaker. We cannot have total disregard for what has been advised for us to do. And I think one of the most important things that we must do is to distance ourselves and wear those masks if we are within the six - foot distance. Do not visit people if you do not have to. And if you do, you take the precautions, Mr. Speaker. Because, I mean, t here are doctors out there who are treating and have been treating people with COVID -19 who do not have the shot. And they have not caught COVID -19. But they know that they have to take the precautions with the masks and so on and so on, and they remain safe, Mr. Speaker. Mr. Speaker, I am certainly in agreement with having testing in school for our children. And whether the parents would like to be there when they are being so well protected, I think they should allow that because there is no harm taken t o allow the test. I think it is very easy. I prefer to take that, myself instead of having that stick put up my nose. So I think we must encourage our parents, if you are reluctant, if you do not want little Johnny to get this shot, or little Jordan, I would advise the Ministry (I am sure the Minister will not object to it) that the parents can be there when this test is taken, Mr. Speaker. Mr. Speaker, I really would like to hear from the doctors, a panel of doctors, those who are supporting the shots and those who are not supporting the shots and supporting other forms of treatment. I would like to hear from them. I think we should have that put on television so our people can see. Because a lot of people, you know ––we heard people [say the shot causes] heart attacks, temporary paralysis. One fellow has gone blind, I am told. You know, we do not need that. The Government is doing its best to try to advise people to take the necessary precautions because one fellow stopped me in the street not so long ago, and he was criticising the Government for the way we are handling this thing. So, I said, Okay. You’re entitled to your opi nion. Then I asked him, I said, What would you do? Tell me, what you would do, because if the Government is doing anything, you’ll be criticising the Government. They could not answer me. I am not going to be one who criticises if I do not have an alternative. So let us not criticise it. If you have got an alternative, then [let us] hear it. But all I am asking is for those who are responsible to listen . Listen to those who have an alternative, whether they be a patient or whether they be a doctor. And I would advise that the Government and the health officials, I think we should include those doctors who do not subscribe to taking shots, because we need to be hearing both sides. We are the Government for ev erybody. All of our people, all of the people, the res idents in Bermuda are not going to take the shot. But we cannot just leave them out there doing nothing. We have got to try to advise them. So we want to know, we should have these doctors in, all doctors in, and discuss this, and discuss the plan for those who are taking the shot and those who are not taking the shot. How will they be treated? What would you do? But most of all, I think it is very important, Mr. Speaker, that we wear those masks, not any flimsy mask, a proper mask when you are around people within that distance, for Pete’s sake, Mr. Speaker. Mr. Speaker, with those remarks, I thank you for allowing me this space. Thank you.
The SpeakerThe SpeakerThank you, Deputy Speaker. Would any other Member wish to make a contribution tonight?
The SpeakerThe SpeakerMP Anthony Richardson. MP Richardson, you have the floor and your 20 minutes.
Mr. Anthony RichardsonYes, sir. Mr. Speaker, my contribution for today on the eve of my first anniversary as an MP in the Bermuda Legislature, will be on a sombre note. To be more specific, my comments are about life and death. Mr. Speaker, before I give m y substantive comments, please allow …
The SpeakerThe SpeakerMP Anthony, before you get started, if you can, adjust your [camera]. We are looking at your table and not you. Bermuda House of Assembly Mr. Anthony Richardson: Oh. How is that?
The SpeakerThe SpeakerYes. You need to just turn it so we get you in the picture.
Mr. Anthony RichardsonOne second. Can you still hear me? The Speaker: We hear you. We see a clear picture, but it is just of your desk.
The SpeakerThe SpeakerYou can continue and figure it out. Work on it as you are talking. MAIDEN SPEECH COVID -19 PROTOCOLS, A MATTER OF LIFE OR DEATH
Mr. Anthony RichardsonOkay. So, Mr. Speaker, before I give my substantive comments, please allow me to digress and make a few introductory remarks. I would like to first acknowledge the trust that the voters in C -7, Hamilton South, have exhibited to allow a regular guy from St. George’s to represent the …
Okay. So, Mr. Speaker, before I give my substantive comments, please allow me to digress and make a few introductory remarks. I would like to first acknowledge the trust that the voters in C -7, Hamilton South, have exhibited to allow a regular guy from St. George’s to represent the area on behalf of t he PLP for the first time. I was ably supported by my C -7 branch campaign manager, a host of party volunteers and significant encourag ement from party leaders and Premier David Burt and Dr. Wilbert Warner. I also acknowledge a combination of PLP core supporters and some traditional OBA supporters who were responsible for the success of the first PLP candidate. Mr. Speaker, I also want to acknowledge the mutual support from the four Senators, now MPs, who were voted into office for the first time to give a clean sweep for the entire 2020 PLP Senate team. By name, Attorney General and Minister of Justice, the Honourable Kathy -Lynn Simmons; MP Crystal Ca esar; MP Ianthia Simmons -Wade; and MP Vance Campbell. And now for my substantive comments. The public will be aware that as of September 22, the day before yesterday, Bermuda had recorded 45 resident deaths that were positive for the COVID -19 virus. As of today, we have the alarming report that there have been seven more deaths, bringing the total to 52. I offer condolences to each family, and I also acknowledge the added difficulties of each family because our cultural expression of grief was severely impacted by COVID -19 protocols that restricted the number of attendees at the home going service and the wake t hat traditionally follows. What is quite alarming is that 12, and now 19, of the deaths have occurred in September. My plea for all Bermuda residents is to act collectively to stem the rising tide of COVID -19 cases and COVID -19positive deaths. Mr. Speak er, this is about life and death, which sometimes impacts us on a personal level. Let me relay a recent experience that caused me to contemplate death and prepare these comments for t oday. On Tuesday, I contracted what I believed to be a cold, resulting in the normal body aches and pains. Of more relevance is that no sleep position was comfor table, and I spent a restless night. At one point I got up and remained awake. During that time, I thought about my breathing discomfort and could only imagine the disc omfort of any respiratory disease resulting in breathing difficulties. Following COVID -19 protocol, being aware of the similarity between cold and COVID -19 symptoms and at the insistence of my wife, I spent the next day in quarantine in a separate room. W hat amazed me was the immediate negative psychological impact of knowing that I had to be confined to the room. This is one area where I think we have to remain vigilant, since it impacts the mental health. Thankfully, we were able to modify my quarantine area, and I got tested for the virus. I have of course been responsible. And I will remain at home until I receive my test result. I might also add, without being overly dramatic, that given the voracity of the virus, today might be my last opportunity to speak in the House of Assembly. Mr. Speaker, I next want to address our collective tendency to be short -sighted, or myopic, often for political gain. Mr. Speaker, anyone in politics enjoys the cut -and-thrust of political debate and the oft - one-upmanship. We also respect freedom of speech. But just as we cannot shout Fire! in a crowded the atre, we have to be responsible with our comments. As I have said multiple times already, this is about life and death. There is therefore no excuse for attempting to get a political advantage during this difficult time. Unfortunately, we had one such example in a supposed opinion piece today which adds absolutely nothing positive to the current circumstances in Bermuda. Mr. Speaker, one of the advantages of being part of the Government Caucus is to participate in ri g2052 24 September 2021 Official Hansard Report
Bermuda House of Assembly orous debate and obtain a full understanding of policy and legislative initiatives. Whilst you might not get 100 per cent agreement, once a consensus is reached, the policy or legislative initiative can proceed. In that regard, I note that I do not agree with every aspect of the COVID -19 protocols, but I fully support the Go vernment's risk -based approach to establishing COVID -19 protocols. The public will be aware that the protocols are adjusted as new information becomes available and Bermuda's vaccination rates increase. There is an obvious need to balance the human and health sy stem impacts with the economic impact of any dec isions —for example, curfews and shelter in place. More important for me is the Gover nment's commi tment to be flexible and to adjust as new information becomes available. Two examples of the flexibility are the qualified termination of the mandatory hotel quarantine on September 30 if you can demonstrate the ability to self -quarantine at home; and the permission to allow for antigen testing effective from late September. Mr. Speaker, as a further indicator of my support of the Government's risk -based approach, I offer the following: From my recent canvassing, C -7 constituents also support the Government's risk -based approach. The conclusion was evident during my can-vassing in August. Unfortunately, one of our difficult but necessary analyses relates to race. And during my canvassing, every White resident whom I spoke to was supportive of the Government. And most, but not all, Black residents were also supportive. Whilst I do not know the exact breakdown of deaths for COVID - 19-positive patients, I would not be surprised if they were disproportionately Black. On that basis, my comments today are even more relevant for Berm uda's Black community. Again this is about life and death. Mr. Speaker, two last points. I was flabbergasted to hear that some of the COVID -19-positive residents are repeat offenders. That is entirely unacceptable if the repe ated positives arise from negl igence. I trust they will be responsible and refrain from whatever activity causes them to be repeatedly pos itive. Second, Bermuda's COVID -19 infrastructure has been primarily under the authority of the Health Mini ster, the Ho nourable Kim Wilson. She has had unw avering support from the Premier and Cabinet colleagues, Caucus colleagues, the entire Health D epartment, Customs, Immigration, Police Service, the Royal Bermuda Regiment, the Red Cross, the BHB [Bermuda Hospitals Board] , EMTs and many, many others. I offer my unreserved appreciation to each and every one of them for their personal and professional sacrifices. Mr. Speaker, the coronavirus is so prevalent that I do not know if any family has been spared and [not] impacted directly or indirectly. We can all have a positive impact on the instance of a virus. I will ther e-fore end where I started: This is about life and death, a sobering message for sure. So let us collectively follow all COVID -19 protocols. The first protocol is the most controversial, and I will provide additional commentary. And that is, get vaccinated, if that is your choice. The Government strongly advises everyone to get vaccinated after tal king to your trusted medical professional. If we accept that the Government must govern from a public health policy perspective, that has to be the correct direction from the Government. But clearly, there are residents who will choose not to be vaccinated for various reasons, including religious and health reasons. These people should own their decision and not be harassed by those who choose to get vaccinated. This is an area for added discussion at anot her time because there is no consistent advice from our religious leaders, and there are some who have mi sguided th oughts about a great conspiracy to control everyone and to generate unseen profits. Simply put, this is about life and death and not the time to split hairs. The second is wear a mask properly. Cover your nose and mouth, not just your mouth. Wash your hands frequently. Remain in your bubble as much as possible. Avoid closed spaces. Avoid crowded situations. Get tested if you exhibit any symptoms or work in a high- contact environment —for example, the schools. Stay at home if you are not well. For parents, sign up your children for the non- invasive saliva test to get our children back to school. And lastly, number 10, if you are at a location where there no COVID -19 compliance, leave. Life and death, Mr. Speaker; life and death. Thank you.
The SpeakerThe SpeakerThank you, MP Richardson. Question, MP Richardson, was that your maiden speech?
Mr. Anthony RichardsonYes, sir. That was the first time I have participated in the full debate at the House of Assembly. Thank you.
The SpeakerThe SpeakerWell, we would just like to acknowledge it as your maiden speech. Thank you. That is the second maiden speech we have had today.
The SpeakerThe SpeakerWould any other Member wish to make a contribution at this point? Any other Member? Hon. E. David Burt: Mr. Speaker, I can speak, but I am sure there are some other persons. But I do want to let you know that I do wish to close.
The SpeakerThe SpeakerOkay. Bermuda House of Assembly Members, the Premier has indicated that he is prepared to speak now, and I am prepared to call on him if no one else speaks.
Mr. Jason WadeMr. Speaker, am I coming in loud and clear?
The SpeakerThe SpeakerYour microphone is coming in and, yes, we can see you.
Mr. Jason WadeThank you very much, Mr. Speaker. Mr. Speaker, if you may allow me today to speak about two passions of mine. Mr. Speaker, two of those passions that I have are my near and dear sports club, Southampton Rangers; and education. May I speak about those two topics today, Mr. …
Mr. Jason WadeThank you, Mr. Speaker. I apprec iate it. Mr. Speaker —
The SpeakerThe SpeakerI just remind you that in future you need to be appropriately attired.
Mr. Jason WadeDo I not have on my blazer today, Mr. Speaker?
The SpeakerThe SpeakerThis would accommodate it as well. SOUTHAMPTON RANGERS —HONOURING WO MEN IN SPORTS
Mr. Jason WadeI appreciate that, Mr. Speaker. Thank you. I will make sure that next time I wear my Somerset colours. Mr. Speaker, getting back to my motion to adjourn speech today, I attended the opening of the Age Concern building at Spanish Point last weekend, and I had a conversation with …
I appreciate that, Mr. Speaker. Thank you. I will make sure that next time I wear my Somerset colours. Mr. Speaker, getting back to my motion to adjourn speech today, I attended the opening of the Age Concern building at Spanish Point last weekend, and I had a conversation with Opposition MP Jackson. We were discussing sports clubs in Bermuda, and we were discussing the role of women in sports clubs in Bermuda. So it was a great conversation that I had with MP Jackson, and I spoke my piece on the i nvolvement of women in sports clubs. We both agreed that more women need to be involved in sports clubs, and we agreed to have a conversation at a later date. But it brought to my attention that we need to honour women who are involved in our sports clubs. So it is with great pleasure today that would like to highlight two women who have been integral in just running the day -to-day operations of Southampton Rangers Sports Club over the years. It just so hap-pens that this week it was both of their birthdays, Ms. Wyonnie Tucker and Ms. Elizabeth Leverock , two i ntegral women in Southampton Rangers' makeup. Without them, [the club] probably would have failed years ago. So I just want to highlight those two women in our sports clubs. We do have a lot more women who help to run the day -to-day operations of our sports clubs, but I know that these two young ladies were celebrating birthdays this week. And I just wanted to highlight them for the work that they have done within our community and Southampton Rangers Sports Club.
COVID -19—TESTING ESSENTIAL TO RETURNING TO IN -PERSON LEARNING
Mr. Jason WadeAnother passion of mine, Mr. Speaker, is education. For those who do not know, I was a teacher in the public education system for nine years. I enjoyed every single day in the classroom. That speaks to my next topic: getting our kids back in the classroom. Mr. Speaker, that …
Another passion of mine, Mr. Speaker, is education. For those who do not know, I was a teacher in the public education system for nine years. I enjoyed every single day in the classroom. That speaks to my next topic: getting our kids back in the classroom. Mr. Speaker, that is key. Face- to-face education is so much better t han virtual. Now, I am not saying virtual is bad. But, Mr. Speaker, what I am saying is that we need our students back in the clas sroom. Mr. Speaker, if we look at the numbers that were released earlier this week when it comes to the saliva testing protoc ols, it is not good. For whatever reason, parents have decided not to either fill out the consent form or just not give consent to the saliva testing. We need our students back in the classroom. When we have schools that reach that 85 per cent threshold, t hen we can start getting them back in the classroom. But if we cannot get that 85 per cent, then it makes it hard for us to get students back in the classroom. So I implore parents to speak to a physician, for those who are unsure about the saliva testing, and if you are unsure and you cannot speak to a phys ician, you can call the Health Department. They can give you the up- to-date stats on the safety of the sal iva test, because I have heard some conspiracy theories about the saliva testing, about the Government trying to get our students' DNAs and do whatever and so forth with it. And I can guarantee the Government does not have the time, the money or the care in the world to steal your child's DNA. But I digress. I d igress, Mr. Speaker. Mr. Speaker, it i s important that we get our kids back in the classroom. So I implore all parents who have not filled out that consent form, because I know things get lost in the mail sometimes, or it gets lost in their child's schoolbags, or their emails do not get read. But if you have not given approval, I implore you to do so, so that we can get our students back in the classroom. The last thing I would like to talk about in my motion to adjourn speech today is the teachers. 2054 24 September 2021 Official Hansard Report
Bermuda House of Assembly Teachers are key to the educational call of our st udents. Teachers need to be given more credit. The work that they are doing with virtual learning is abs olutely amazing. I sat in on a virtual learning class ear-lier this week. I sat in on a virtual learning class, and it was absolutely amazing. The teacher was jumping around their classroom because they were actually in their classroom while they were doing their virtual learning class to their students. And they were exci ted, and you could see the excitement on the students' faces as the teacher was teaching this history class. As [history was] a former subject that I used to teach, it was amazing to see just how interactive the students were. And that was over a computer screen. I could only imagine what it would have been like if that teacher had been able to do that in the clas sroom. And that is what this Government is aiming to do. So again, Mr. Speaker, I implore all parents who are listening this evening: Allow your students to take the saliva testing so that we can get our [clas srooms] back open safely and that your students can learn more effectively. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Would any other Honourable Member like to make a contribution at this time? Any other Honour able Member?
An Hon. Member An Hon. MemberMr. Speaker. I will, Mr. Speaker. Hon. Tinee Furbert: Mr. Speaker.
The SpeakerThe SpeakerMinister Furbert. I was about to give the time to the Premier. Hon. Tinee Furbert: I will not be long. I will not be long, Mr. Speaker. But I do want to speak about something t hat I read recently in the newspaper. This had to do with vandals tampering …
The SpeakerThe SpeakerThat is sad. So sad. VANDALS REMOVE POTENTIALLY LIFE- SAVING PIECE FROM PEDESTRIAN CROSSINGS Hon. Tinee Furbert: Yes. I just w ant to raise that because I just find it very insensitive that someone would remove the cones that are there for persons with vi sual impairments because it impacts …
That is sad. So sad.
VANDALS REMOVE POTENTIALLY LIFE- SAVING PIECE FROM PEDESTRIAN CROSSINGS
Hon. Tinee Furbert: Yes. I just w ant to raise that because I just find it very insensitive that someone would remove the cones that are there for persons with vi sual impairments because it impacts their safety in crossing the road. And this was actually going to quite a number of the cros sings around Hamilton in which the Corporation of Hamilton has made a concerted effort to make the City of Hamilton safer for persons with disabilities, and particularly persons with visual impairments having to use the cones that actually spin, and then at the end of the spin the box will beep. And it will beep and alert someone who is visually i mpaired to be able to safely cross the road. And so, it is my plea that if anyone in our community or anyone in the public happens to see anyone interfering with those cones, please take some liberty to tell them and to inform them what those cones are for. They are for the safety of persons who are visually impaired to be able to cross the road safely. I just wanted to speak to that, Mr. Speaker, because there are not so many instances where pe ople go the extra mile to make our community safer for persons with disabilities or more acceptable. And the Corporation of Hamilton had done that, particularly for persons with low vision.
COVID -19—NEED TO ASSIST THE THIRD SECTOR Hon. Tinee Furbert: The other topic I wanted to just briefly touch on this evening is the third sector. And within my Ministry I get the opportunity to meet with the third sector charities. I try to do it as often as I can. What is interesting to note, from recent discussion with the third sector, particularly as COVID -19 is impacting businesses around our community, it is also impacting the third sector and persons in our comm unity who are looking for short -term hardship benefits. So we are finding that charities are assisting with food security with their meal programme. We are finding that charities are having fewer opportunities to be able to fund- raise because of the COVID -19 restrictions that are currently in place to help to keep our coronavi rus levels down. With the charities it is just so very important that for those persons who are working and have a steady job that we do remember them at this time, because they are b eing severely compressed, particularly with the ability to raise funds. So it is just my plea to our community for those per sons who can give a little. I believe some of the stores are having a round- up for certain char ities. And it is not much. Then they will ask, Do you want to round up when you can? If you can afford it, please take liberty to do it. I just want our community to remember our charities at this time, who fill the gaps in many areas to be able to make sure that we can provide food and grocery vouchers and help with utilities and help with medical expenses, pres criptions. So you may not know about it, but there are many charities that are helping persons in great need. So I just wanted to r emind our communities, for those who can give to not forget our charities out there, who play a vital role in filling the gaps, particularly when it comes to assisting persons with short -term benefits. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time? Bermuda House of Assembly Any other Member?
The SpeakerThe SpeakerI did not see the red. But we would accept that which you have on, yes. COVID -19—THE SPREAD OF PROPAGANDA
Mr. Christopher FamousOkay. Thank you. Mr. Speaker, I will be very brief tonight, very brief becaus e our country is in a sad state. We have lost count of how many times we have had to console families, or attempt to console families, because there is no consoling people when they have …
Okay. Thank you. Mr. Speaker, I will be very brief tonight, very brief becaus e our country is in a sad state. We have lost count of how many times we have had to console families, or attempt to console families, because there is no consoling people when they have lost a loved one. We have lost count of how many times the Mini ster of Health has had to announce rising COVID -19 cases. We have lost count. Yet tonight, this evening, here we go again with some of the grimmest figures that we have ever heard —seven deaths, four dead in one night. That brings a total of over 10 persons passed in the last week. Mr. Speaker, I do not just speak as a polit ician. I speak as a Bermudian. In my neighbourhood, Devonshire, we have lost two young men this week, one 48, one 54, both with children, both with parents, both with a community who loved them. Both with co - workers who are shattered, both with children, young children, teen- aged children, children still in high school and college who no longer have their fathers. I do not even know how to call one of the person's mother. This lady, every time she sees us cleaning on the streets, she goes home and makes sandwiches for us, brings back water or lemonade—such a loving lady. And I am at a loss as to how to call her amidst her loss. I will not go back and forth with the statistics, as the numbers ar e clear. We are losing our Bermudians, our Black Bermudians, at an alarming rate. Mr. Speaker, unfortunately, no country is alone in this present health crisis. Around our region, multiple countries are now experiencing COVID -19 crises. A ntigua, Bahamas, B elize, us in Bermuda, Cuba, Dom inica, Grenada, Guyana, Guadalupe, Jamaica, Mart inique, St. Kitts & Nevis, St. Lucia, St. Vincent and the Virgin Islands. All are in the exact same position that we are in. Every day someone has to report grim st atistics [such as those] that were reported tonight. Also, Mr. Speaker, what is going on in these countries is that businesses are shut. Schools —faceto-face schooling, as MP Wade spoke, are closed. And the hospitals are full, just as our hospital is full. So, for those who love to spread conspiracy theories that this is all the PLP’s fault, the PLP does not have any control over those countries. So how can you account for what is happening in those countries? It must be something greater than just political conspi racies. Mr. Speaker, another common thread is that in each of these islands there have been organised protests against government COVID -19 measures, organised protests against saving people’s lives. In St. Vincent and the Grenadines it got so violent that someone took a rock and threw it and hit the head of the Honourable Prime Minister Dr. Ralph Gonsalves, where he had to go to Barbados for treatment —all because he is trying to save his people’s lives. In the same week there were anti -vaccination protests in both Antigua and [Barbuda] calling for the political heads of Honourable Gaston Browne and Honourable Mia Mottley, who stepped down because they are trying to save people’s lives. No different from what we have experienced in our country over the last few months, Mr. Speaker, people from different angles, political angles, calling for the head of Honourable David Burt and Honourable Kim Wilson just because they are trying to save people’s lives. Yes, the measures that we have employed have been unpopular. But they are there to save lives. But yet, here we are again giving grim statistics. Mr. Speaker, we have to be honest with ourselves as a country, as a party, as a Government and as a Parliament. Somewhere along the line we have to be honest and say, The rampant propaganda that has been spread the last few months has contributed to persons passing away in this country and around the region. When you tell people, Oh, just get sunlight, that will save you from COVID -19; Oh, just rub yourself down with oil, that will save you from COVID -19, you are putting people’s lives in danger. Mr. Speaker, we heard earlier from one of our own Members as a challenge. We all have choices, Mr. Speaker. But to tell people, Well, just do this and that will save you, that is irresponsible and borderline criminal. Mr. Speaker, we have to be honest, and those persons who know that they have been spreading outright lies need to ask themselves, Has it all been worth it? When these grim statistics are being read out, these are not just people. This is somebody whom I am never going to see in my neighbourhood. This is someone who is not going to walk through BELCO’s gate tomorrow or one day. This is someone who is not going to see their daughter graduate from university. This is som eone whose mother is going to be crying 2056 24 September 2021 Official Hansard Report B ermuda House of Assembly for the rest of her life because they are now gone. This is someone whose big family no longer has their big brother to protect them, figuratively speaking. Mr. Speaker, they are not just numbers. And when people cite unfounded, unscientific things, they are contributing to the problem. Mr. Speaker, I am going to close with this. As a country, as a Parliament, as a region, we have a simple choice: We have got to (a) continue to listen to those who misled the masses over the last few months; or (b) ignore them. Ignore all of the false i nformation and listen to the medical professionals who are standing on their feet for 16 hours a day trying to save Bermudians’ lives, the medical professionals who took it upon themsel ves to write a heartfelt message to the people of Bermuda. We have medical pr ofessionals who are now quarantined because their co-workers have caught COVID -19 trying to save other people. They are putting themselves on the front line trying to save people, yet we have people sitting down comfortably behind a keyboard or somewhere else, just spreading the stupidest lies. Mr. Speaker, if we continue to choose (a) and listen to those who have misled this country, we will continue to have to report grim statis tics. The numbers do not lie: We are trending up in deaths. That is not because of lack of sunlight. That is not because of lack of Vitamin D. Mr. Speaker, I am going to close here, and I am going to say this from my entire heart. If it costs me my seat for telling people what needs to be done, I do not care. But I am tired, Mr. Speaker, of hearing that my neighbour is dying because of lies. Mr. Speaker, I thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time?
The SpeakerThe SpeakerGo ahead. COVID-1 9—G OVERNMENT’S MULTIFACETEDAPPROACH
Ms. Lovitta F. FoggoMr. Speaker, having listened to many of the Members speak, I feel duty -bound to lend my voice to the conversation with regard to COVID -19.Fi rst let me say I think that as a country we all mourn the loss of every last person who has fallen due to …
Mr. Speaker, having listened to many of the Members speak, I feel duty -bound to lend my voice to the conversation with regard to COVID -19.Fi rst let me say I think that as a country we all mourn the loss of every last person who has fallen due to some impact of COVID -19. Mr. Speaker, the last speaker who spoke, when he spoke, I guess in essence what he was saying, what the science has been saying out there and what situations that medi-cal professionals are finding themselves in, I can put my hand up and say that I am fully cognisant of the impact that our medical professionals find themselves having to endure since I have a daughter who is one such medical professional. Indeed, I just want to say that early in the COVID -19 years she felt duty -bound to help this Government in trying to put programmes together to assist in the battle against COVID -19 and to ensure that we could make certain that our people are equipped with all of the knowledge, with advice, with research, with whatever medical (I will call it all under the label) prescriptions needed to be handed out to help them to preserve themselves, protect themselves or indeed fight being struck down with COVID -19. In fact, I can say that in helping she found herself for many, many weeks on end dealing directly with numerous . . . she dealt with hundreds of persons who have been COVID -19-positive. And [she] has done so while being able to maintain and protect her-self along with her family. And in that family I include myself, not just her nuclear family, but all of her family. Because in the beginning I was the one who had to take over and become the caregiver for all of her chi ldren and family while my daughter went about doing her civic duty in helping this Government and this country protect our people. I just wanted to say that, and I believe that all medical practitioners, regardless of the methodologies they may employ for their patient s who battle COVID - 19, do so first and foremost with the best interests of their patients at heart. I just wanted to declare that. When I look at our Government and what they have been tasked with (governments around the world, i ndeed, that has been said), it is a mammoth task. You are battling something that you have no control over. You are battling something that is here to stay, in es-sence. So you are tasked because of its newness and its resilience —you are tasked with trying to figure out a way in whic h to battle this where you get on top of it. I would never, ever . . . and I would know the very people who would say that the Government had not acted in what is believed to be the best interest of their people. I will say that persons have not enjoyed the restrictions and the regulations that have been put in place because they feel at times that they have op-erated against their liberties. But I think that this Government has operated in a way where they have tried to preserve the liberties of all, and with regulations believed to allow people to get through this pandemic and be able to enjoy life somewhat as they once knew it.
Bermuda House of Assembly But, Mr. Speaker, even within this Gover nment we are of differing opinions. I think that is what makes this Government great. Because when we doubt our Government and our leaders’ messaging, whether it is intended to fuel division or not, because that is not what the Government was trying to do—I can say that. But when it seems as though it fuels division, there were many of us who spoke up about that. And I can attest to the fact that we were listened to, because the Government changed its messaging. Yes, it has looked and listened to what organisations well might have said is believed to be the best a pproach and has incorporated t hat in their messaging. At one time it seemed to many that that was the only message that they had to say. And because it seemed to operate to leave certain groups out, and when those of us who pointed out where persons may feel that it was divisive, the Government listened. Henceforth, their message has always been, because the Government supports vaccinations, it has encouraged people to get vaccinated. In and of itself, vac-cination is not a bad thing. However, when using this new vaccine there came the responsibility of also likewise having to report any adverse reactions ass ociated with its use. As time has gone on, we have learned of many incidences where persons have suffered adverse reactions. We have also learned that there are many who are not good candidates for vaccines, and there are various reasons why, medical mostly. There are some who for religious reasons will not take the vaccine. There are some who because they subscribe to a different course of action, who use alternative methods to prot ect themselves, ensure that they have a robust immune system and adhere to the regul ations that are set in terms of mask -wearing, good h ygiene, et cetera, et cetera, in their combat against this virus. In every scenario, there are positive reports. In the Government changing its message, it said to the people of Bermuda, We hear you, and we will not leave one man behind. Because we respect your rights to choose and we will encourage you and help you in your decision- making by telling you, do what you have to do to stay healthy. Abide by regul ations. Talk to your health care provider. And find the best methodology for you if vaccination is not an option. This Government has set about to ensure that it embraces all of its people so that we can all move forwar d together in this fight against COVID -19. We have seen, all of us have witnessed the division in the blogs or what have you and namecalling and people pointing fingers. That does not help, which is why it is incumbent upon us as legisl ators to pay attention to the science —and science is ever-evolving and ever -changing —and to make certain that we create the avenues for all of our people to safely march through the COVID -19 pandemic. So, Mr. Speaker, when we had Members of the Legislature who boldly advoc ated for the mandat o-ry introduction of vaccines, I would dare say —and I am speaking largely to persons who sit on the oppo-site side of the House —that when you set about to do that, one should be mindful of those who might get left behind. And be concerned as to whether or not it actually is going to help us meet our aims. Mr. Speaker, we have seen worldwide, even though there seems to be a suppression with the m edia of protests upon protests, where in countries they have sought to impose mandatory vaccinat ions. I a pplaud the Government, while some may say it is not a multifaceted approach. But I will call it that. I applaud the Government for having the open- mindedness to ensure that our messaging is such that people who choose an alternative approach to fi ght COVID -19 know that the Government is here to support them in that by always encouraging them to seek their medical consultants for advice to ensure that the path that they are travelling down is one that is conducive for them to indeed achieve their ai ms. And all the time, while asking them, Make sure you get tested to know that you are COVID -19 free and know that you are not contributing to the problem that prevails. I would say that for any government it is pr udent to adopt a multifaceted approach wh en you have leading scientists worldwide who are speaking about the fact that with the increased vaccines there have been increased incidents of vaccinated people getting really sick, dying, et cetera. With the increased vaccine, they are saying . . . and I am sure there are more people getting vaccinated. Of course we are going to see those who will suffer adverse effects, increased adverse effects. And it is of concern to any medical community anywhere in the world that if vaccines alone are not bringing about the desired result, then let us ensure that our messaging to our people is such that it encourages them to take measures that aid in the fight against COVID -19. Mr. Speaker, I do not think those who have asked to institute mandatory vaccinations, es pecially in certain professional segments, have thought about what that might do to the workforce. I think one or two Members mentioned the . . . I think it was MP Ric hardson. His was on the economic impact. Well, if you lose large numbers of the workforce, then the society becomes strained again with respect to more persons not having jobs and a government having to look at that and the effect as well. As well as in key areas such as the medical profession. If you wholesale tell people that they cannot be there and you have large numbers of people in the medical profession who ought not to be vaccinated and cannot go into work to do their jobs to help save people’s lives, that is a c onundrum that I do not think any government wants to have to settle itself with at a time when they are fighting day and night to stay on top of this situation. Mr. Speaker, I think the messaging has been clear that it is our individual responsibility and our collective responsibility to do what we have to do to get 2058 24 September 2021 Official Hansard Report
Bermuda House of Assembly through this . And I do not think, Mr. Speaker, that an ything in the messaging has ever encouraged people to not do that. And, Mr. Speaker, I think many people know my position when it comes to vaccination. I can safely say that as a law -abiding (I will call myself) citizen of Bermuda, as a law -abiding citizen (I think we are called subjects , but I will use the word citizen ), I do everything that is in my human ability to ensure that I stay healthy and that I do not contribute in any way negatively in this fight against COVID -19. As long as I am working with a government that considers all of its people and creates an avenue for all of its people, regardless of which road they choose to be able to fight this COVID -19, how can I not, as a Member of this Government, work side by side with it? Because we all want to get past this c onundrum (I will call it) that we currently face. And we want to do it with as little [disruption] —and there has been massive disruption, but continue with as little disruption —as we possibly can. And I do not feel that a government can afford to be so narrow in its approach that it inadvertently, if you will, adds to the si tuation in a negative way. And I do not think that any government can afford to be so narrow in its approach that it does not enjoy the willingness of the people to do what is needed to get through this. So, Mr. Speaker, I researched long and hard. And there are some—
The SpeakerThe SpeakerMP, you have one minute left on your 20-minute clock.
The SpeakerThe SpeakerNo. You have been long this evening, Member. But you have one minute left.
Ms. Lovitta F. FoggoNow, Mr. Speaker, you are using my time! So, Mr. Speaker, (seriously) there are co lleagues who will tell you I send them research upon research upon research about all sorts of matters to fight COVID -19 because I think it is important that we always remain open enough so …
Now, Mr. Speaker, you are using my time! So, Mr. Speaker, (seriously) there are co lleagues who will tell you I send them research upon research upon research about all sorts of matters to fight COVID -19 because I think it is important that we always remain open enough so that we are bold enough to use whatever measures are necessary save forcing people to operate aga inst their human rights, so to speak, by telling them you are going to take control of their medical rights (if you will), especially when no one can speak with certainly if that will not have a positive impact or a negative impact. And I want to say to my people of Bermuda, Let us move forward together —
[Timer chimes]
The SpeakerThe SpeakerI think you hear the clock, Member. Thank you for your 20 minutes, Member.
Ms. Lovitta F. Foggo—to fight COVID. Mr. Speaker. I think I just said everything I wanted but thank you.
The SpeakerThe SpeakerMP Swan, you have your 20 minutes. COVID -19—SERIOUS ECONOMIC CHALLENGES
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. Mr. Speaker, it is with a heavy heart that I wish to speak this evening on the motion to adjourn. With the proliferation of deaths in our country assoc iated and attributed to coronavirus and the stress and strain that it places on our health care …
Thank you, Mr. Speaker. Mr. Speaker, it is with a heavy heart that I wish to speak this evening on the motion to adjourn. With the proliferation of deaths in our country assoc iated and attributed to coronavirus and the stress and strain that it places on our health care system —and I must join in with all of those who have saluted our frontline workers who put their life at risk every day. Mr. Speaker, I had planned to speak today with regard to t he serious economic challenge that has confronted us. And we are six months into this 2021/22 financial year of the Government. I would have to say, Mr. Speaker, that the forecast with our having to navigate through yet another outbreak is a grim one and one that we must take ever so seriously. I say that in the context that we have to navigate ourselves through these very perilous times and do so taking into consideration the realities that we are confronted with as we look forward to how we are going to prepare ourselves for the future. I think it is important to appreciate, Mr. Speaker, that with the absence of cruise ships because of COVID -19 around the world, to any extent that we have enjoyed in the past we have a glimmer of hope with the Viking ship coming to Bermuda this past year. I am very appreciative of that, very suppor tive of that initiative. And it is one in which I felt then and I still feel now that provides some opportunities for us to expand upon as we look at new ways to do business in a world that is faced with great uncertai nty. In my involvement with tourism, both as a member of the Tourism Authority and in my capacity in golf, which is my trade, and my ability to now be influencing others in those spheres, I feel it ever so necessary f or us to find ways to get to appeal to tourists who are going to stay longer in Bermuda. There are four seasons in every year, and those seasons carry over into the next years. If we look at our challenges seasonally and appeal to those persons who might enjoy our country for an extended period of time, times which may involve three to six weeks or maybe even two to six months or the like, or
Bermuda House of Assembly less, but certainly extended periods of time, [those persons are] welcomed. That type of visitor, Mr. Speaker, woul d present us with an opportunity to get greater volumes of economic activity percolating in our country more immediately, and especially those persons with disposable income to enjoy the Bermuda that we already have to offer because the challenges that we face are immediate ones. I know, having been practicing my trade and encouraging persons to rent homes in Bermuda, spend more time in Bermuda rather than travelling in the Northeast on the highways getting to where they want to go, that they can be in Ber muda in short order. And if they need to get home to do some bus iness, come back quickly. Go back there ever so quickly and then return. I know that opportunity is a real one and something that we can certainly realise. I hasten to say that the people whom we have encouraged to come to Bermuda over the past 18 months, visitors, be it the digital nomads and the like, have come to Bermuda because we have presented protocols that have made Bermuda safer than most places. And we have introduced measuring stick s that allow us to know exactly where the problems lie, even at this very time when we are able to measure during the most difficult of times. As we navigate through this, I am reminded of an experience that I had this week, Mr. Speaker, in the presence of two visitors staying at Cambridge who booked my services. And upon getting to know them I found out that they are two ever -so-celebrated persons —authors, even pastors of multiple churches in gateway cities that connect with Bermuda. And they felt ever so safe here, notwithstanding the challenges that we are facing today. And I say that because in order for persons to come to Bermuda and be able to move around the country immediately, they are doing so because they are vaccinated and they come to Bermuda. I am vaccinated because my doctor encouraged me to get vaccinated. I am vaccinated because I have a family member who is a physician on the front line in a major US city who encouraged us as their parents to do so. And I respect those who have ch osen not to, who embrace the SafeKey concept that we have introduced, and recommended that. The only way I would suggest that we improve upon it is to make testing to update their SafeKey a part of what they do. I think that would be something that we could impleme nt that would even strengthen that SafeKey provision. But this coronavirus, 18 months of it, and this current Delta variant puts Bermuda in a position that is akin to Bermuda sending its people to war. It is a global pandemic that is 100 years removed fro m the last major pandemic that hit the world, but certainly is having as ever a devastated impact on our country as any recession had, as any war has had in many countries. So from that point of view Government must make extraordinary decisions. And that i s why we would see measures come before the House, emer-gency measures. They are not going to be met with universal acceptance. But being a leader and making leadership decisions is not easy sometimes. Many times it is not fashionable. Sometimes you have to do what is right and [go in the directions that] the information that you are receiving is pointing you to [in order] to do what is right for the collective of the people. And so from that sobering perspective, Mr. Speaker, I am appealing for bipartisans hip. I am appealing for a more universal approach, whether it be coming from the media, whether or not it be coming from the Opposition, whether or not it be coming i nternally within organisations as well, I am looking for us to hold hands together and get us through this t ogether, Mr. Speaker. I know it is easier said than done. And I have been an outspoken person all of my life. I believe in consensus, and I have worked with consensus. But I think it is safe to say that on the 20 th anniversary of 9/11, which came about a few weeks ago when the people of New York were hit with a m ajor blow that rocked the world, that changed the world, we are now facing our crisis. We are now facing our Hurricane Fabian. We are now facing our Hurricane Andrew. We are now facing this coronavirus, Delta and whatever other variant name comes up. And we are facing it together as a people. I am calling for us, Mr. Speaker, to dig deep and look in the mirror and find a way to work together to solve this problem together. Now is t he time, Mr. Speaker. Now is the time for the Leader of the Opposition to look amongst his group and for the leader of the Chamber of Commerce to look amongst his group or the leader of the unions to look amongst their groups, for the pastors of Bermuda to look amongst their groupings and for every grouping, the heads of industry, the heads of captives, the heads of reinsurance companies, those who are doing well during the pandemic notwithstanding, those who are not doing well during the pandemic notwithst anding. It is time for us as a country, Mr. Speaker, to put our differences aside! Now is the time to crank your hatchet and do not chop! Now is the time, Mr. Speaker, when we have to be doing things for the greater good of our country, because our people are more vulnerable than ever. Ten years ago we had a recession that tore the heart and soul out of the working people of this country, businesspeople, Mr. Speaker. Many people recovered from that. Many people did not recover from that. Since that time we have grappled with other economic tragedies that have hurt our people. And today, Mr. Speaker, today the lives that are lost . . . the names of the people are concealed from many of us. We might know one or two people who might be closely connected, or someone might thereby choose to share that their family member died from coronavirus. But unlike 9/11, Mr. Speaker, their names will 2060 24 September 2021 Official Hansard Report
Bermuda House of Assembly not be on a wall where persons can go there and hold their hand up and remember their people. They are dying alone! They are dying all by themselves in hospitals around the world, and now in Bermuda. Families are grieving and cannot even go there and kiss them good- bye, Mr. Speaker. Now is not the time for us to be arguing polit ically about a pandemic that is killing our people, Mr. Speaker. Now is the time for us to come together the same way we would go out and pick up our machetes and walk around our communities and chop down trees after a hurricane and clear the roads. This is the time for us to act as if, Mr. Speaker, there is a hurr icane in our midst and it is killing our people every si ngle day now! Mr. Speaker, through it all, even through that we still have to find a way to ensure that our economy allows us to service this great country, going forward. As I opened up, and as I close, Mr. Speaker, I speak about the fact that we are six months into this budget. It is time for Bermudians to appreciate that the Go vernment does not have an endless pit of money to be able to do what it needs to do. We heard people tal king 10 years ago about, Do more with less. Well, Do more with less is a reality today more than it has ever been before in my life, Mr. Speaker. So with that, Mr. Speaker, I just want to say that this is the time—this is the time for us to truly come together. T here is no gimmick about it. There is no election around the corner. There will not be another election until three or four years from now. There is no political gain. The only thing to gain is for us to prove to ourselves that we have it within our-selves to work together as a people. And great will be our reward if we do that, Mr. Speaker! I believe it so in my heart of hearts. Thank you, Mr. Speaker. That is my contribution.
The SpeakerThe SpeakerThank you, MP Swan. Does any other Member wish to make a contribution at this time? Any other Member? Hon. E. David Burt: I guess it is on me, sir? Hon. N. H. Cole Simons: Yes, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader. COVID -19—UNITING TO ADDRESS THE CHA LLENGES Hon. N. H. Cole Simons: Thank you, Mr. Speaker. A lot has been said this evening, and I have been moved by Members of our House of Assembly. Mr. Speaker, first of all, I would like to convey my condolences to …
Opposition Leader.
COVID -19—UNITING TO ADDRESS THE CHA LLENGES
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. A lot has been said this evening, and I have been moved by Members of our House of Assembly. Mr. Speaker, first of all, I would like to convey my condolences to the families who lost their loved ones today and from the inception of COVID -19. It is not easy to lose a loved one, and it is soul -destroying to close family members. We pray for them and pray that they have the strength to get through these difficult times. Mr. Speaker, I would like to also recognise and salute the frontline workers in our hospitals and our pharmacies and our doctors’ offices. They also are doing what they have to do to support the people in this country, to support them and protect them against COVID -19. Mr. Speaker, let us be clear. The real enemy is COVID -19. It is not fighting amongst ourselves. It is about addressing COVID -19. And we all in this country have a role to play to address COVID -19. We need all of the resources, all of the discipline, all of the en-ergy that we can muster together so that we can put this pandemic behind us. Mr. Speaker, someone in the medical fraternity said to me, Pandemics basically take almost three years to settle. We are currently about halfway through. We still may have another 15 to 18 months to go for the pandemic to run its cycle. And we all have to do our part to minimise and mit igate the risks associated with the pandemic. You know, we have the vaxxers and the nonvaxxers. And from what I am hearing, they are both frightened of each other. The non- vaxxers are not vaccinated because of various reasons. They could be health reasons. They could be because they are ineligible, or they could be non- vaxxers by choice. But, Mr. Speaker, whatever choice they make, whet her they are vaccinated or not, we ought not lose direc-tion. We should all not los e sight of what the real issue is here today. And that is the enemy, COVID -19. We all have our ideas for how it should work and how we can do it. But what is irrefutable, based on the science—and we have heard the refrain time and time again —is wear your mask, good hygiene, social distance and regular testing. Mr. Speaker, as you know, we have had people who have not played their part in this war against the enemy. We have people who felt that they are invincible and out there not being responsible and not adhering to the pr escribed protocols of social distancing, hand hygiene and wearing masks and are, in some cases, asym ptomatic and passing on diseases that they do not know they have. And in other cases, they may sense they have it, but they are out there anyway because of their invincibility. Mr. Speaker, I say this: Do not take a risk. To my people of Bermuda, Do not take a risk. If you feel that you have to take a test, there is a trigger for that. What is making you take a test, Mr. Speaker? The mere fact that you are taking the test and you are not traveling results because there is some discomfort in you as a person that says, I’m not quite sure, because I’ve been in contact with somebody. Or somebody in my family has been in quarantine so I don’t kn ow with certainty whether I am COVID -19-free or not. But I am taking the test. I would invite those people in that sit uBermuda House of Assembly ation to remain at home until they get their test results. It is a bit challenging, but you have to protect your family, your children, y our grandparents, your neighbours and people who are vulnerable. And the little compromise that you can make while waiting for your test results is to stay home for 24 hours or 48 hours at most until you get your results and know where you stand. Because that in some ways is how we have these classes expanding because people are not sure where they stand as a r esult of visiting or enjoying festivities or other social events. Mr. Speaker, someone said to me, We need to really come down harder on the enforc ement side, because there are a handful of people who have been out in the community knowing full well that they have symptoms or beginning stages of COVID -19 that they can live with. If they are honest with themselves, they know that they should not be out. But they are out to social events or going to work or whatever. To me that is egregious, Mr. Speaker. If you remember when they had the AIDS pandemic, eventually it became illegal to have sex with a person if you knowingly had AIDS. So maybe we can consider that type of legislation for the people who know that they might have the virus or who have the virus and who are being irresponsible and are out in the community. We all must be responsible for our actions, and we must be responsible for the cons equences of our actions, Mr. Speaker. Mr. Speaker, I am not going to get into the remedies and health care issues. But I will just make one comment. I made it earlier today in the House. The comment is about therapeutic protocols for patients who first find out that they have COVID -19. I believe that we as a community and the medical fr aternity must see what more they can do to help these newly diagnosed patients with COVID -19 who might have beginning signs, see what they can do to help them slow down the pro gression of the virus. There are remedies that have been presen ted. Some are homeopathic. Some require other medi-cines which have been approved in other jurisdictions. In the rest of the jurisdictions, they say they are not qualified or suitable for purpose. Be that as it may, I think that our medical fraternity could do a bit more to help those who have contracted COVID -19 in giving them some medical support so that the illness will not progress to the stage whereby they end up in a hosp ital or in ICU and, worst of all, death. I know this is a new pandemic and this is a SARS virus. Somewhere out there are medical prot ocols that can help slow down the progression, based on a patient’s fitness, a patient’s preconditions. And all I am asking is that our medi cal fraternity — practitioners and physicians —do all they can to help those people who have contracted the virus and who have not progressed to the stage of where they have to go to the hospital. If we can arrest the progression at home through various methods, I think it would be worthwhile and should be done. Mr. Speaker, I think that is all I have. But it is a sad day for this country. And as was said earlier, we have never been a country so divided. At the end of the day, the current PLP Government is do ing their best. We tried to do our best. The medical staff at the hospital and the other practitioners are doing their best under strenuous circumstances. The labs are also bursting at the seams because of the volume of tests that are being done. So the best thing that we as a country can do is come together, support each ot her, take our responsibility seriously and do what we have to do. And as I said, social distance, hand h ygiene and wearing masks will take us a long way. On that note, Mr. Speaker, I pr ay for the country and those who have passed, and also pray that we will work together to resolve the challenges that we face and that all of us will support each other, because at the end of the day, as I said in the beginning, the enemy is COVID -19. It i s not the vaxxers or the non-vaxxers. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Hon. E. David Burt: I do, Mr. Speaker.
The SpeakerThe SpeakerMr. Premier, before I recognise you, I need to ask you to do something while you speak. Hon. E. David Burt: Oh no! What do I need to do, Mr. Speaker?
The SpeakerThe SpeakerYou moved us to motion to adjourn. However, you forgot to mention the date when we will return. Hon. E. David Burt: Mr. Speaker, I did n ot forget —
The SpeakerThe SpeakerUnless you are telling us we are going to have a long, extended time away from here. But I did not think that is what is required of us. I think we need to come back at some point. I believe early in November would be a time to dat …
Unless you are telling us we are going to have a long, extended time away from here. But I did not think that is what is required of us. I think we need to come back at some point. I believe early in November would be a time to dat e for. As I do not want to state the date, I will allow you to state the date. But Members did not hear a date from you. Hon. E. David Burt: Mr. Speaker, I did not move the date because it is my intention to ask Governor to pr orogue the Legislature to rec onvene a new session of the Legislature. That is the reason why, Mr. Speaker, I did not move a date.
The SpeakerThe SpeakerOkay. Good. So we will hold that date until that is officially done, then. 2062 24 September 2021 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: Absolutely, Mr. Speaker. My i ntent is to pror ogue the Legislature sometime in N ovember, early November, so we can …
The SpeakerThe SpeakerThank you. Good. Well, you can start your 20 minutes now with that clarified. COVID -19—DANGER OF VACCINATION HES ITANCY Hon. E. David Burt: No problem, Mr. Speaker. Thank you very much. You know, there is some legislation that we must prorogue the Legislature so we can bring it back …
Thank you. Good. Well, you can start your 20 minutes now with that clarified.
COVID -19—DANGER OF VACCINATION HES ITANCY
Hon. E. David Burt: No problem, Mr. Speaker. Thank you very much. You know, there is some legislation that we must prorogue the Legislature so we can bring it back to this House next time around. So I do not want to get that messed up a second time. Mr. S peaker, today marks 359 days since Bermudians all over Bermuda went to the polls and voted for the Progressive Labour Party Government. And, Mr. Speaker, we know that in the last sitting of the parliamentary session, we reflect on the past session and do t he usual rhetorical jousting across the aisle between Government and Opposition. Mr. Speaker, we campaigned on a platform of strong leadership, and we certainly have committed to doing that through the pandemic. But, Mr. Speaker, there is nothing to celebr ate or joust about today because, as we all know, our collective community is not doing well. Mr. Speaker, my heart is heavy. It is heavy this evening because our Minister of Health a nnounced a further seven Bermudian deaths that of course sent shockwaves throughout the community. [There were] 182 new positive cases reported, and currently there are 1,612 individuals, Mr. Speaker, vacillating [over] the coronavirus, with 65 of those in the care of the hospital and 14 in the intensive care unit. This is not where we want to be as a country, not where we expected to be as a country. No one wants the hospital to be at its highest disaster level struggling to care for the sick, the staff working double shifts. My heart is heavy, Mr. Speaker, as it is my belief that it does not have to be this way. Mr. Speaker, as the Minister of Health and I, Members of the Cabinet, even Members of the Opposition have been saying for a while, this outbreak is serious, just like this pandemic is serious. This virus is attacking the young and old. Not all who have succumbed to this virus, Mr. Speaker, are unvaccinated. That means that we all need to be careful and we all need to look out for each other and our families, as we have a collective responsibility to our community. A young person going out without care can take the v irus home to a senior citizen who has not yet had the opportunity to have a booster shot, who can find themselves in the hospital even though they have been vaccinated and may succumb to their illness. Far to o many families, Mr. Speaker, have felt that pain. And here is the most challenging fact that I have to face as the leader of this country, Mr. Speak-er, the most challenging fact the Minister of Health has to face, the most challenging fact that the Cabi net has to face, the most challenging fact that the Legisl ature, all of us will have to face, Mr. Speaker. And that is that many more families will experience heartbreak and loss over the next month. Mr. Speaker, as I said on Wednesday at the Government’s press conference (and I quote), “There are some who have asked if the Government will i mpose stricter restrictions such as a lockdown to help the situation at our hospital. I am extremely concerned with what we are seeing at our hospital, but I must be honest with you, that will not change what is currently taking place there. More restrictions. . . will not bring immediate relief to our Doctors and Nurses who are doing everything within their power to save lives. “The hospital is currently overwhelmed due to the events that took place . . . 4 weeks ago, where persons who were not following the regulations and the public health guidance that were in place came into contact with a positive person and unfortunately brought the coronavirus home to their famili es and then, it spread further . . . .” Mr. Speaker, the sad reality is that the arc of outbreaks in a pandemic show that two weeks after new cases peak, hospitalisations peak. And two weeks after hospitalisations peak, deaths peak. The very sad reality, Mr. Speaker, is that things will likely get more grim before they get better, and that is especially painful to consider when we know, Mr. Speaker, how many families are hurting right now. I do think that we have passed a peak of new cases. But we will see many more persons hospitalised, and we will see many more persons succumb to this virus over the next month. But, Mr. Speaker, there is one thing that I can say without fear of contradiction. The fact that we have been able to vaccinate 66 per cent of our population has saved lives. It is my fervent belief, Mr. Speaker, that the only way to see the end of this pandemic is an increase of the number of residents who are vaccinated. Vaccines have saved lives through history. They have eradicated diseases. An d one day it is my hope that they will be able to eradicate this virus. So my message, Mr. Speaker, to the people in Bermuda is a very simple one. We care about our hospital, our health care system, our workers, our schools, our families, our economy. We must all do our part to get more of our fellow citizens vaccinated. Yes, Mr. Speaker, it is a choice and you may choose not to. But the science and the evidence are overwhelmingly compelling in favour of vaccination. But, Mr. Speaker, I am a realist and I know that there are many who will not take the vaccine at this time even
Bermuda House of Assembly though it has now been officially approved. To those persons, Mr. Speaker, I say to you, as I said in April, I urge you to speak to your doctor to do whatever you can do to boost your own immune system as we do not want to lose more citizens on our Island. The fact is that most of those persons who have perished with this virus have not had the protection that the vaccine offers. As the Honourable Member for constituency 7 said earlier in his maiden speech, Mr. Speaker, This is about life and death. I cannot urge persons enough to please ensure that you are following all of the precautions that have been laid out by the Government. If you are at your worksite and your employer is not f ollowing the rules in place, you can report them under the Occupational Health and Safety Act. If you see a business violating the rules, call 211. This virus and its variants are not a joke, and it is vital, Mr. Speaker, vital that we take it seriously. As a Government, Mr. Speaker, we remain humble that we have the opportunity to lead this country. We understand that it has been a hard year, i mpossibly hard for so many. And as leaders of this country during a pandemic, Mr. Speaker, our job is hard. But, Mr. Speaker, it is no way near as hard as the job of our doctors, our nurses and our public health professionals and those other frontline workers, our rarely seen but incredibly knowledgeable technical officers in Public Health and the public servants who work hours and hours on end, multiple hours of overtime, to help to keep us safe and well informed. They, Mr. Speaker, are the heroes of this pandemic, and they deserve our thanks, our appreciation, but most of all they deserve our support by doing what i s right. Mr. Speaker, when I addressed the country in April, I said the following (and I quote): “Bermuda, this battle is not the government - vs- the people, it is not neighbor against neighbor, blogger against blogger, or cousin against cousin . . . “We are in a war against this virus, and though we may disagree on some measures enacted to fight this war, one thing we all can agree on is that we wish to win this war . . . .” So, Mr. Speaker, let us replace division with the understanding that the people suffering from this virus are all Bermudians. As a people we like to fight. We love to debate. We love to be right. And we love to come with all types of theories as to how or why the Government does what it does. Mr. Speaker, as the MP from constituency 7 said, This is life or death. And we need to come together to preserve life. Mr. Speaker, I ask all of us, no matter what side of the debate we are on, let us understand that we must cherish life. We must preserve life, and we must protect life. Mr. Speaker, as I close with the last speech by a Member of this Legislature in this parliamentary session, I ask that all of those persons in our country who believe in prayer to pray for the citizens who are currently in hospital. Pray for our health care worker s who are trying to provide care for them and to save their lives. Pray for the families who have been left behind, the mothers, fathers, the daughters, the si sters, the brothers, the wives and the husbands. And please, Mr. Speaker, I ask you to pray for our Island home of Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerMr. Premier, thank you of your remarks tonight. Members, those remarks from the Premier bring today’s House to a close, but also this session to a close. As we go away from these Chambers f or a period of time, we all go with the sadness of the news today …
Mr. Premier, thank you of your remarks tonight. Members, those remarks from the Premier bring today’s House to a close, but also this session to a close. As we go away from these Chambers f or a period of time, we all go with the sadness of the news today of the number of deaths that occurred. But it also is a reminder to each of the seriousness of the times that we living under. As many have said this evening on the motion to adjourn, it is not a time for us to be looking at each other as us and them, the va ccinated or unvaccinated. We all share in this equally. It is what we all do together and collectively that is going to get us through it. Let us come together in that mind -set and underst and that we equally and indivi dually have a role to play in helping us as a country get through this period of pandemic, get through the il lness of it and also through the recovery of the country. Let us work together in that mind- set. Let us be prayerful for those who are currently suffering from the illness and that they will recover, be it the families who have lost loved ones —we share in their sadness and our hearts are heavy because of that. With those few remarks, good evening, Members. Be safe. Good night. The House is now closed.
[At 11:25 pm, the House stood adjourned sine die.]