September 15, 2021

Thank you, Madam
President. Good morning. We certainly appreciate
your indulgence, given the importance of the topic, as
well as the timeframe in which the topic relates to. We
certainly thank you as well as the rest of the Senators
for allowing an indulgence of a Ministerial Statement.
Having said that, I would like to proceed with
my Statement, Madam President.
Madam President, last week the Premier announced that he would invite Her Excellency the Governor to designate the 18
th of October as a public hol iday in recognition of Flora Duffy’s extraordinary su ccess in the 2021 Olympics in Tokyo and the World
Triathlon Championship.
Madam President, I think we are all aware of
the tremendous joy and pride Flora’s win has meant
for Bermuda. At a time of such challenges and difficulties, seeing our own on t he world stage performing
like no one before had the effect of bringing us t ogether as a community and as a people. Such is the power of sport. And such has been the power of
Flora
Duffy . I believe we all agree that this is a fitting tribute
to recognise her extraordinary and historic accom-plishment.
Madam President, as we know, Flora Duffy
has been a Triathlon World Champion and ranked
number one in the w orld. However, she is now also
Bermuda’s first Olympic Gold Medallist, making Ber-muda the smallest country to win an Olympic Gold
Medal ever, demonstrating that talent, grit and determination can lead to the ultimate global success even for a small nation. She is an inspiration to Bermuda
and a role model for us all. Her dedication and hard
work are a shining example of what can be done and
to be accomplished. Flora brought Bermuda’s second Olympic medal, the first being, as we know, Clarence
Hill, who won a bronze medal for Bermuda in heav yweight boxing in 1976.
Madam President, Flora arrives in Bermuda
on the 11
th of October to compete in the World Triat hlon Sprint and Relay Championships. On that day she will be welcomed at the airport by a special delegation
including myself, the Bermuda Olympic Association and the Bermuda Triathlon Association. A motorcade
will escort Ms. Duffy from the airport to Cabinet Office,
where she will meet with the Premier for a special presentation. The motorcade route will include a drive
through the City of Hamilton, as well.
On Flora Duffy Day itself, on October 18, we
hope to see the Island participate in celebratory activ iOfficial Hansard R eport 15 September 2021 643

Bermuda Senate ties. While we have considered a large street event
such as a festival, the current COVID -19 environment
renders this inopportune, and we will focus on activ ities that are safe for all concerned. We expect to i nclude a ribbon- cutting ceremony, an announcement of
the honours to be bestowed on Flora for her achiev ements and a firework display by the Corporation of Hamilton.
Madam President, the proposed renaming of
a fitting location is subject to final approvals, and this
will be further announced to the public shortly.
Madam President, it is hard to do justice to
such a national accomplishment during a pandemic.
The fact that the Olympics took place at all was in i tself an achievement. We very much look forward to
welcoming Flora back home to celebrate her win with
her and to share in our national pride for her achiev ement.
Thank you, Madam President.

The President: Thank you, Dr. the Hon. Ernest G.
Peets, JP, Minister of Youth, Culture and Sport, and
the Government Leader in the Senate. (I apologise for
omitting that initially. )

INTRODUCTION OF BILLS

The President: There are none.

FIRST READING OF PUBLIC BILLS

HUMAN RIGHTS AMENDMENT ACT 2021

MARINE AND PORTS SERVICES
AMENDMENT ACT 2021

The President: The following Public Bills have been
received from the Honourable House of Assembly and
are now read for the first time. Their titles are, respectively, the Human Rights Amendment Act 2021, and
the Marine and Ports Services Amendment Act 2021.
And, Senators, I think you have been reminded that we will take up these two Bills in the Orders of the Day.

FIRST READING OF PRIVATE BILLS

The President: There are none.

QUESTIONS/QUESTION PERIOD

The President: Senators, we will now entertain questions on the Statements that have been given this
morning, the first one being the Bermuda College 2020 Audited Financial Statements that was given by
Senator Dar rell.
Would any Senator care to ask any questions
on this Statement? Hearing none, then we will move on to the
second Statement, and that is the Impact of COVID -
19 on the School Learning for Children. That was pr esented by Senator O. K. Darrell, the Juni or Minister for
Education.
Would any Senator care to ask questions on
this Statement?

Sen. Ben Smith: Yes . Good morning, Madam Pres ident.
The President: Good morning.

Sen. Ben Smith: I just want to make sure that you
can hear me.

The President: I can hear you, and I can now see
you. Senator Ben Smith, you have the floor.

QUESTION 1: THE IMPACT OF COVID -19 ON
IN-SCHOOL LEARNING FOR CHILDREN

Sen. Ben Smith: Yes. Good morning, colleagues.
First I would like to thank the Junior Minister for this
Statement. Obviously with everything that is happe ning in Bermuda at the moment, we are all understanding that changes and restrictions have had to be put in
because of the way things are happening quite quic kly.
But within that S tatement, I wanted to make
sure because obviously this is an impact on children and on their learning. A nd some of these impacts we
are not really sure at the moment whether they are going to be long- term when it comes to mental health
and the emotional impact of all that has happened
with COVID -19, and specifically what happens when
you have that virtual learning as opposed to in- school
learning, which the Junior Minister touched on in his
Statement.
My question to the Junior Minister is in regard
to, I believe a lot of teachers are actually going into
schools to set up their virtual learning from within their
classrooms so that they have access to all of the
items that they need to be able to present to their st udents. So the first question is, Can the Junior Minister
confirm to us that the Internet speed and reliability in
the schools is at the level that will allow for this
presentation to happen at the level that it needs to
happen?
And I bring this up because I have had a couple of teachers reach out to me to say that the Internet has been dropping in and out, which obviously will
impact this already difficult situation when it comes to
the teaching of our students.
Does the Junior Minister want to answer that
one, or should I —
[Crosstalk]

644 15 September 2021 Official Hansard Report

Bermuda Senate The President: No. Senator Darrell, you c an decide.
Do you want to answer this question or take
your second question?

Sen. Owen Darrell: Yes, thank you, Madam Pres ident.
The Internet speed is something that I am
sure the IT Department is constantly looking at. And I
would welcome the Senator, if he has specific schools
that he knows of that are having difficulty with Internet
speeds, if he would just drop me a note then we would look into getting that rectified right away. But the ge neral answer to his question is that the Ministry and all
departments have done everything they can to try to
make this virtual learning environment as smooth as possible, given the circumstances.

The President: Thank you, Senator Darrell.
Senator Ben Smith, do you have a follow -up
question to that?

QUESTION 2: TH E IMPACT OF COVID -19 ON
IN-SCHOOL LEARNING FOR CHILDREN
Sen. Ben Smith: I have another question. Thank you,
Madam President.
So there is quite a bit of time within the
Statement speaking to the saliva testing and the b ehaviour of a lot of our population when it comes to
deciding whether they are going to do the things that are necessary for us to get back to in- school learning.
I believe 100 per cent that the Government is trying to
do everything they possibly can to get our students
back to school. The G overnment is not trying to have
our students in virtual learning. They would prefer to
have them, as the Statement said, in school.
But within here we talk about the saliva tes ting. We talk about personal responsibility. My question is, Why are we not mov ing toward having schools
saying to their students and their teachers they have
to take saliva testing if that is what it is going to take
for us to be able to return our students back to school
if that is our priority?

Sen. Owen Darrell: Madam President, when we start
going down that road about what the Government can
make people do legally and cannot, that is definitely a
matter that I am sure the Attorney General and her
Chambers have been looking at for the last 18
months. So the fact that the Government is not mandating students and teachers getting the test, there
are clear, obvious, legal ramifications behind that.
But with that said, we are doing everything we
can based on even the extreme strain and pressures
that the health care system is under r ight now. When
we get an opportunity, hopefully later this week, I am
very confident that the Ministry of Health, as well as
the Ministry of Education have a plan in place to get all those who wish to get tested, tested and back in
school safely.

The Pres ident: Thank you, Senator Darrell.
Senator Smith, do you have a supplemental
question?

SUPPLEMENTARY

Sen. Ben Smith: Yes, I do, Madam President. Thank
you.
Still on saliva testing, can the Junior Minister
let us know whether there has been any thought to
bringing in the rapid testing that has been implemented in other jurisdictions in order to get testing on an
ongoing basis so that we get a snapshot? I know
there have been some details that the reliability is not as high as a PCR test. But it at least could allow us to
do it more often. It gives the opportunity for us to know
whether there is the potential of someone who is pos itive before they go into school, which then causes the
quarantine of classes, year groups, and then where we are right now.
Just if the Junior Minister can give us any details on whether that is something that has been looked into, whether it is something that is going to be
on the horizon, because I know that every opportunity
for us to get the students back is as important for us as it is for the Government.

Sen. Owen Darrell: The answer is yes. It has been
looked into. I cannot give you details at this time.

The President: Senator Smith, do you have a third
question?

QUESTION 3: THE IMPACT OF COVID -19 ON
IN-SCHOOL LEARNING F OR CHILDREN

Sen. Ben Smith: I do, Madam President.
So, Madam President, as this situation has
happened where we have to have virtual learning, can
the Junior Minister give us an idea of whether there is
a percentage of students who are not logging into t he
system because of potentially not having devices or
parents not having the ability to supervise because
they have to work? And what is being done for those
students who are not logging in, which means that
they are not getting the access to education?

Sen. Owen Darrell: I cannot give you a percentage at
this time. But as the Senator has alluded to and the
Statement has alluded to, we are not tone- deaf to the
struggles that individual families may have with r emote learning. If you have three children in a hous ehold and you only have one device, until you pick up
your Chromebook and until we get set up, there may be some difficulty. So while we are trying everything
we can to make this a 100 per cent smooth and seamOfficial Hansard R eport 15 September 2021 645

Bermuda Senate less process, I think everyone realises t hat it will not
be. But we are doing the best we can for our children
and community at this time.
If I get those numbers, I will pass them along.

The President: Thank you, Senator Darrell.
Senator Ben Smith, do you have a suppl emental to this question?

SUPPLEMENTARY

Sen. Ben Smith: Yes. So can the Junior Minister let
us know whether there is a plan being put in place to
give potential supplemental education or access to
more time for school for those students who are mis sing out, so that when we return to in-school learning, if
there has been an impact because students have missed a significant amount of time without having
access, is there a plan to get that group caught up by
maybe having school for them on weekends, or extra
classes? Just so that we can make sure that they are
on the same footing as the students who have that
access.

Sen. Owen Darrell: I think right now all efforts are
toward doing the best we can to try to get our students
back to in- school learning as soon as possible. And I
can gu arantee you that the individuals at the Ministry
of Education and the Department of Education are doing all that they can to make that happen as soon
as possible. And in the meantime, while we are doing
virtual learning, all of those factors will be looked into
to see how we can best educate our children during
this terrible pandemic.

The President: Thank you.
Senator Smith, do you have any further supplementals?

Sen. Ben Smith: No, that is it. Thank you very much,

Thank you.
Would any other Senator care to ask questions on this?
Senator Jones, you have the floor. Senator
Marcus Jones.

Sen. Marcus Jones: Good morning.

The President: Good morning to you.

QUESTION 1: THE IMPACT OF COVID -19 ON
IN-SCHOOL LEARNING FOR CHIL DREN

Sen. Marcus Jones: Good morning to my fellow colleagues, fellow Senators and good morning to the li stening audience. First, I want to join in with my colleague Senator Smith in thanking the Junior Minister for bringing this particular Statement to t hese Chambers. I think it
is very important that we as the Senate and the great-er public audience are kept abreast of all of the plans that are in place within our public schools.
One of the quotes on page 2 of the Statement
on that got my attention, whic h I have a question for
. . . and, Madam President, if you will indulge me, I
want to just read part of the Statement again.

The President: Certainly you may.

Sen. Marcus Jones: On page 2 at the bottom, quoting from the American Academy of Pediatrics, the
statement is made there that “The pandemic has taken a heartbreaking toll on children, and it’s not just their education that has suffered but their mental,
emotional and physical health.”
Now, we are all aware that when our students
were in in- person, in place, in location getting their
education, there was a plan in place both from the
public sector and from the private sector to provide
meals for some of the children and students within
these schools who may not have access to breakfast
or lunch or wh atever.
Has the Government taken into consideration
that a number of these students that were pinpointed who required, or it was best for them to get breakfast
or lunch from someone or from some entity within the
school, now that they are going to be doing the r emote learning, has the Government made it a point to
pinpoint those students who still need assistance as
far as meals are concerned, which if I refer back to the
Statement has to do with their physical health? And
we all know that [students with] a full stomach are better prepared to receive learning and to be able to excel in school. Has the Government taken that into account?

Sen. Owen Darrell: Madam President, there are
many agencies around Bermuda that assist the D epartment of Education year -round in the well -being of
our students. And I cannot imagine that during a pandemic these agencies have stopped doing what they have done for many, many years.
I do not have the specifics right now for the
Senator, but I am sure that after this session I can get the specifics and let him know which agencies are
helping the students who ordinarily would not have
proper food and nutrition for school.

The President: Thank you, Senator Darrell.
Senator Jones, do you have a supplemental
or second question?
Sen. Marcus Jones: No, that is it. Thank you, Junior
Minister.

646 15 September 2021 Official Hansard Report

Bermuda Senate The President: Senator Robin Tucker, you have the
floor.

Sen. Robin Tucker: Good morning, Madam Pres ident.
The President: Good morning.
Sen. Robin Tucker: Good morning, Senators and the
listening public.
My question for the Junior Minister is related
to the Statement concerning the Chromebooks. While
I do not want to sound overly critical about —

The President: Senator Tucker, can you get a bit
closer to the microphone? I think your [volume] is not
as loud as we would want you to be.

Sen. Robin Tucker: Thank you. Can you hear me
better now?
The President: Yes. But it is still . . . Right. If you can
just get a little bit closer; you sound a little bit faint.
Okay. We will try that.

Sen. Ro bin Tucker: Is this better?
The President: Yes.

QUESTION 1: THE IMPACT OF COVID -19 ON
IN-SCHOOL LEARNING FOR CHILDREN

Sen. Robin Tucker: Fine. Perfect. Thank you, Ma dam President. I was just mentioning that I do not want
to sound like I am being overly critical about the efforts that the Government has put in to mak ing sure
that the students get Chromebooks into the . . . sorry,
that the department gets the Chromebooks into the
hands of the students. But in reading along with the
Statement, I do have a question , because while there
is evidence that the pandemic was not going away, I
was just sort of surprised as to why we are still having
a conversation about getting Chromebooks in the hands of the students .
So my question is, how many students still
require the Chromebooks, and whether the students who have the Chromebooks have all of the software
that is needed to be up and running to commence
their learning process?

Sen. Owen Darrell: Can you repeat the last part of
that question one more time, please ?

Sen. Robin Tucker: I just want to know whether the
students who currently have the Chromebooks,
whether all of their software and requirements are loaded onto the Chromebooks that they have to commence their learning effectively?
1Sen. Owen Darrell: Oh, I cannot imagine that we
would give Chromebooks to students that were not
working. But the details of software and stuff, I do not
have the answers.

The President: Is it your intention to get that information in due course, Senator Darrell?
Sen. Owen D arrell: Yes, Madam President.
Sen. Robin Tucker: Madam President, if I may.

The President: Senator.

Sen. Robin Tucker: Can I also ask for an answer to
the first part of the question, which was, How many
students still require to have a Chromebook?

Sen. Owen Darrell: The students who still require a
Chromebook, while I do not have the number, would
be the students in P1 and P2.

Sen. Robin Tucker: Thank you.

The President: Senator Tucker, do you have a follow -
up, a supplemental question or a second ques tion?

QUESTION 2: THE IMPACT OF COVID -19 ON
IN-SCHOOL LEARNING FOR CHILDREN

Sen. Robin Tucker: I do have a second question,
which is, Since the P1 and P2 students do not have
Chromebooks, if the Junior Minister can give an idea
of how learning is being c arried out for those st udents?

Sen. Owen Darrell: Learning is being carried out on
their parents’ computers, on their iPads, on phones —
whatever technology that they can get their hands on
at this time in this terrible pandemic so that they can
get some learning.

Sen. Robin Tucker: Thank you.
Sen. Owen Darrell: If Oliver Darrell is listening this
morning, he is watching on his iPad, probably doing
his P1 art class right now.

[Laughter]

Sen. Robin Tucker: Thank you.

The President: Would any other Senat or care to ask
questions on this Statement?
Hearing none, then we will move on to the
third Statement that was given by Minister Peets on

1 See further answers to this Question at pages 657
and 658
Official Hansard R eport 15 September 2021 647

Bermuda Senate the Flora Duffy Day. Would any Senator care to ask
questions on this Statement?
Sen. Marcus Jones: Yes.
The President: Yes, Senator Jones. You can ask
your question.

QUESTION 1: FLORA DUFFY DAY

Sen. Marcus Jones: Thank you, Madam President.
I believe that most of us on this Island
watched with much satisfaction as we were able to
see our own Flora Duffy climb to the highest heights
of the Olympic mountain, per se. As we listened and
learnt that a number of countries around the world
rewarded their Olympian medal winners financially,
does the Government have in place a means of r ewarding Flora Duffy with a financial prize at all in light
of this historic achievement?

The President: Minister.

Yes, sure. Thank
you, Madam President.
We have a policy through the Department of
Sport regarding financial awards on this magnitude
such as gol d medals, silver medals and bronze medals. So I can confirm to Senators that Flora Duffy will receive a cheque presentation upon arrival at Cabinet
during her motorcade.
The President: Thank you, Minister Peets.
Sen. Marcus Jones: Supplementary.

The Pre sident: Senator Jones, supplemental, abs olutely. Carry on.

SUPPLEMENTARIES

Sen. Marcus Jones: Can the Minister give us a
breakdown per medal —gold, silver and bronze—of
that financial remuneration?

Yes. Thank you,
Madam Pr esident.
In response to the question, we have the pol icy in place, of course. That policy right now is under
review. So I am unable at the moment to verify to the
Senate the contents of the policy as it relates to specific amounts for gold medal, silver m edal or bronze
medal. At the earliest convenience I certainly would
disseminate that information to Senators.
The President: Thank you, Minister.
Senator Jones, do you have a second question (or third question)?
Sen. Marcus Jones: Do I have another supplemental
for this one?

The President: Well, yo u have up to . . . you have
had two supplementals or just one?
Sen. Marcus Jones: Just one.

The President: You have a second supplemental,
yes.
Sen. Marcus Jones: Okay, thank you.
I can appreciate the Mini ster’s response in
that this is a work in progress to find a place and a
worthy amount to give, based on the medal that is
won. Can the Minister tell us what the existing breakdown of the financial awards is up to this point before
the change has been made? Just to give the public
and us fellow Senators an idea of at least the target
that the Government will have to consider in improving
or adjusting their rewards for these achievements?

I do not have the
policy in front of me. I have had sight of it, but I do not want to rely on my recollection in the event that I may
misspeak. But I can say across the globe, of course,
countries do have policies like this. For us, of course, this is our first gold medal.
And with no surpri se to us because we believe in the abilities of Flora Duffy, I think all of us were
hoping that she could pull it off and [we are] so glad
that she did.
I think what would be best at the moment is
for me to actually talk with the Director of Sport r egardi ng the current policy, and if it is ready for dissemination, go ahead and disseminate that information to
Senators.

The President: Thank you, Minister Peets.
Senator Jones?

Sen. Marcus Jones: I am fine. Thank you, Madam
President.

The President: Thank you.
Would any other Senator care to ask questions on this Statement regarding Flora Duffy Day?
Senator Ben Smith, you have the floor.

QUESTION 1: FLORA DUFFY DAY

Sen. Ben Smith: Yes. Thank you, Madam President.
I would like to join in the celebration of Flora
Duffy as somebody who was able to work with her in the early stages of her career when she was a swi mmer in Bermuda. It was amazing to see [her achiev ement] on that day. But she has continued to perform at this world- class level. And it is obviou s that we have
to figure out the best way to celebrate this amazing
648 15 September 2021 Official Hansard Report

Bermuda Senate achievement, considering how long it has been since
Bermuda was able to stand on the podium at an
Olympic game.
But, Madam President, as we look forward to
being able to celebrate Flora on [October] 18, consi dering where we stand right now in Bermuda with the
potential of sport activity being cut out, people not b eing able to go to school, what happens if the festivities
are going to be significantly curtailed for having a hol iday? Do we have a contingency plan for this holiday to be moved if we are in that situation?

The President: Minister Peets.

Yes. I certainly u nderstand the point of view from Senator Ben Smith.
And of course that is right that we cert ainly need to
celebrate Flora Duffy. And our current resources and attention right now are directed toward the very, very
severe spike in COVID -19 cases.
So as such, we have to rethink and perhaps
come up with some plan B in the event that COVID -19
unfort unately may certainly curtail what we can and
should do for Flora when she arrives.
I can say that Flora belongs to us and we b elong to Flora. Time will not diminish our love for her or
our ability to celebrate her. So in the event that COVID -19 prevents us from really, really doing som ething special for her, she belongs to us and we belong to her. At the next available opportunity, we will be
really glad to invite her back, and what we could not
do properly today, we will try to do properly on tomorrow.
We want to keep our fingers crossed that between now and the middle of October if the rest of the
country continues to work together so that we can flatten this particular spike and see a decline, we can
really, really enjoy her when she arrives. But in the
event that this does not occur, I am pretty sure Flora
will understand, her family will understand. And we will
have to understand that we will have to do that
proper ly on another day. Hopefully, that will be in O ctober; and if not, then another day.
The President: Thank you, Minister Peets.
Senator Smith, do you have a supplemental
question or a second question?

SUPPLEMENTARY

Sen. Ben Smith: Yes, Madam President. Yes, thank
you, Madam President.
So, Madam President, even within the Stat ement it allu des to having to change things because of
where we are with COVID -19. I guess what I am sa ying is, having something this amazing happen for Bermuda, we want to make sure that we are celebra ting it at the correct level and at a time when people can actually enjoy the celebration. I hate to be negative, but we are in a situation
where our schools are closed. And potentially they will just hopefully be reopening and we will be taking the
holiday to remove them from school. We have bus inesses that are suffering at the moment, and they will
have another day when they will have to pay for their
staff while not having the staff work.
I know these are issues aside from the cel ebration of Flora. But what we do not want to do is have that celebration clouded by all of the other things
that are happening because of the situation that Ber-muda is in right now.
I am just asking if the Minister has looked at
all of those different issues that are surrounding Ber-muda at the moment when we are trying to give Flora
her real due.

The President: Thank you, Senator Smith.
Minister Peets.

Yes, absolutely. We
certainly understand the magnitude of the situation,
given the event that this is our first gold medal. We
would love to be able to do thi s in a situation where
COVID -19 was not a major factor. But unfortunately,
COVID -19 is a major factor. And we cannot ignore
that.
So [all] that we can do is say that we will do
what we can in the best way we can that is safe. The issues that the Senator h as raised, fortunately all of
those issues are not issues that I am left to sum up on
my own. We have the Naming and Recognition Com-mittee. We have the committee set up by the athletic
associations who are helping us with recommendations. We have the ability, of course, to fund Cabinet .
And of course, the general public has been feeding us
recommendations and ideas as well.
So what we have to do, of course, is to bring
those ideas to the table and try to find the best way to celebrate her upon her arrival. She is a professional
athlete. So she has continued to find a way to compete and train in the midst of COVID -19. Then subs equently, we are going to have to find a way to cel ebrate in the midst of COVID -19 in the best way that
we can, but also understanding that on another day,
whatever we could not do on this day, because she
belongs to us and we belong to her, we can certainly
do something more permanent on another day.
So I have got my fingers crossed. Hopefully
upon her arrival we are going to be in a better situation. I know there is a lot of excitement out there. I
know she wants to give back to the community. She
loves her sport, but she also loves all sports and
wants to elevate sports in our country across the
sporting disciplines. So whatever we c an do to help
her do that, we are certainly interested in doing it.
I would be more than glad to talk to the Senator offline. He knows Flora quite well, and the family.
Official Hansard R eport 15 September 2021 649

Bermuda Senate He probably has some unique ideas on what will work
best. So I will reach out to Senat or Ben [Smith] offline.
The President: Thank you, Minister Peets.
Sen. Ben Smith: Thank you.

The President: Senator Ben Smith, do you have a
supplemental question or a second question?

Sen. Ben Smith: Thank you, Madam President. I am
fine, thank you.

The President: Would any other Senator care to ask
questions on this Statement?
Hearing none, then that completes the Questions/Question Period.
We now move on.

ORDERS OF THE DAY

The President: The First Order of the Day is the second reading of the Human Rights Amendment Act
2021. And that is in the name of Senator Simmons,
the Junior Minister for Seniors and Social Development.
Senator Lindsay Simmons, you have the floor.

Sen. Lindsay Simmons: Good day, Madam Pres ident.

The President: Good day to y ou.

STANDING ORDER 25

Sen. Lindsay Simmo ns: Madam President, I move
that the provisions of Standing Order 25 be granted so
that the Senate may now proceed with the second
reading of the Public Bill entitled Human Rights Amendment Act 2021.

The Presiden t: Is there any objection to that motion?
There is no objection.
Carry on, Senator Lindsay Simmons.

[Motion carried: Leave granted for the Human Rights
Amendment Act 2021 to be read a seco nd time on the
same day as its first reading.]

Sen. Lindsay Simm ons: Madam President, I move
that the Bill entitled Human Rights Amendment Act
2021 be now read a second time.

The President: Is there any objection to that motion?
There is no objection.
Carry on, Senator Lindsay Simmons.

Sen. Lindsay Simmons: Thank y ou.
BILL

SECOND READING

HUMAN RIGHTS AMENDMENT ACT 2021

Sen. Lindsay Simmons: Madam President, I am
pleased to lead the debate today on the Bill entitled
Human Rights Amendment Act 2021 .
Madam President, the Human Rights Co mmission is Bermuda’s National Human Rights Instit ution (NHRI) and the statutory body charged with the
promotion and protection of human rights in Bermuda.
The office of the Human Rights C ommission is [within]
one of the independent non- ministry departments and
stands alongside the other independent offices within Bermuda. The Commission receives a budget alloc ation from the Legislature and is administratively accountable to the Minister wi th responsibility for Human
Rights, the Minister of Social Development and Sen-iors.
Madam President, the Commission’s vision is
a community that honours and protects human rights
for all. As it relates to the provisions of services to the
public, the Comm ission’s function, amongst other
things, include: to promote efficiency in the admi nistration of human rights tribunals; to inform the Government of human rights matters, inclusive of those
that require the development of policies designed to
expand human rights protections; to influence and
support the development of Bermuda’s human rights
laws and policies; to act independently in accordance
with the Commission’s statutory duties; and to conti nue to strengthen the Commission’s ability to function
with suc h independence.
Madam President, I would like to now draw
your attention to the Human Rights Amendment Act
2021. Madam President, the intent of the Human
Rights Amendment Act 2021 is to establish the H uman Rights Tribunal and to provide for its independence. The Legislature should be familiar with many
elements of this Bill as it shares similarities to the E mployment and Labour Relations Tribunal as estab-lished under the Trade Union and Labour Relations
(Consolidation) Act 2021. However, it has been ta ilored to the needs of Bermuda’s human rights fram ework, the Human Rights Tribunal.
Madam President, the independent Selection
and Appointment Committee is responsible for the
recruitment and appointment of the Human Rights Commissioners to serve as members of the Human
Rights Commission. The Bill proposes to utilise the
independence of this Selection and Appointment
Committee by extending their functions to include the
recruitment and appointment of members of the public
to serve on a panel as members of the Human Rights
Tribunal.
Madam President, the Bill establishes the
Human Rights Tribunal and designates the Tribunal
650 15 September 2021 Official Hansard Report

Bermuda Senate as being “responsible for hearing human rights complaints.” Furthermore, Schedule 3 of the Act provides
for the appointment and constitution of the members
who will serve on the Tribunal and provides for the proceedings before the Tribunal.
Madam President, the members of the Human
Rights Tribunal will not be members of the Human
Rights Commission and shall not be subject to the direction or control of any person or authority. In furtherance of the increased independence of the H uman Rights Tribunal that this Bill seeks to bring, a person who has been appointed as a Human Rights
Commissioner under the Act is not eligible to be appointed as a m ember of the Tribunal unless a period
of more than two years has elapsed since they completed their service.
Madam President, the Bill maintains sections
9, 10, 12 and 13 of the Commissions of Inquiry Act
1935 within section 19 of the principal Act. Howev er,
the spirit of the formerly referenced sections 8 and 11
now appear directly within the principal Act.
Madam President, the Bill provides the H uman Rights Tribunal with the power to (a) hear and
determine any matter in the absence of any party who
has been duly summoned to appear before the Tribunal; and (b) give all such directions and do all such
things that are necessary for the hearing and determ ination of a matter before the Tribunal.
Madam President, the Bill provides the H uman Rights Tri bunal wi th the power to obtain information on particulars as the Tribunal may specify or
require a person to attend before the Tribunal to give
evidence. Furthermore, the Bill establishes an e nforcement mechanism by making it an offence to fail
to furnish particul ars, to fail to attend before the Tribunal in compliance with a requirement or to refuse to
take an oath, and to refuse to produce a document or
fail to give evidence in compliance with any such r equirement of the Tribunal.
Madam President, the Bill seeks to provide
greater consideration to parties that appear before the
Tribunal by making provision for the Tribunal to d etermine whether to exclude the public, where necessary or desirable, to protect the privacy of parties to a
hearing.
Madam President, th e Bill seeks to make it a
requirement for the Human Rights Tribunal Panel
Chairman to submit a report on decisions and awards
made by the Tribunal from time to time and, at least,
once in each calendar year. It is envisioned that this
will form part of the annual report published by the
Human Rights Commission.
Madam President, the Bill establishes that
members of the Tribunal shall be granted immunity as enjoyed by the magistrates in the exercise of their j urisdiction.
Madam President, the Bill seeks to remove all
previous board of inquiry references remaining within
the Act and stipulates that where an appeal is filed in accordance with the Act, it shall act as a stay of any
order of the Tribunal.
Madam President, as previously mentioned,
clause 3 of th e Bill provides for the appointment and
constitution of the panel members who will serve on
the Tribunal and provides for the proceedings before
the Tribunal.
Madam President, Schedule 3 prescribes that
the Selection and Appointment Committee shall ap-point a panel of at least 12 persons and not more than
15 persons to serve as members of the Tribunal. The Selection and Appointment Committee will be responsible for appointing a maximum of six barristers and
attorneys of not less than five years’ standing, a nd a
maximum of nine persons with such experience, i nterest and understanding or knowledge of human
rights law or human rights issues.
Furthermore, the Selection and Appointment
Committee shall appoint from the panel a Chairman
(referred to as the panel C hairman), and a Deputy
Chairman (referred to as the panel Deputy Chairman),
who shall hold office for a period of three years and may be reappointed from time to time for a like period.
Madam President, the Bill has prescribed the
qualifications of the panel Chairman or panel Deputy Chairman as being a barrister, an attorney of at least
five years’ standing, and being knowledgeable of the
human rights law. For the purpose of determining any human rights complaint which has been referred to a
Human Rights T ribunal by the Executive Officer for
adjudication, the panel Chairman shall select from the
panel members a chairman and two other members. However, the chairman of the Tribunal must be a barrister or an attorney of at least five years’ standing.
Madam Pr esident, to put in motion and plan
for continuity with the Human Rights Tribunal, while
the Bill sets out that the panel shall hold office for a period of three years, the initial members of the panel
shall be appointed with at least one member being for two-year term and at least one member being for a
term of three years. This will permit for the Selection
and Appointment Committee to stagger the appoin tments of the initial members. Further, members of the
panel [may] be reappointed for any term not exceeding three years.
Madam President, where a panel member is
absent from Bermuda or becomes incapacitated for
any reason, the Bill seeks to permit for the Selection
and Appointment [Committee] to appoint a person to
act in place of that member.
Madam Presi dent, the funding for the Human
Rights Tribunal will continue to be paid from the funds allocated to the Human Rights Commission [HRC]
from the Legislature.
Madam President, as soon as practicable,
after a matter is referred to the Tribunal, it shall hold a
hearing and give all parties or their representatives full
opportunity to present evidence on oath and make
submissions. The Human Rights Commission is not
Official Hansard R eport 15 September 2021 651

Bermuda Senate required to participate in the Tribunal’s hearings, but
may do so to represent the public interes t and to give
evidence or make arguments before the Tribunal r egarding discrimination complaints and human rights
laws in Bermuda. Any interested parties may, with leave of the Tribunal, intervene in a hearing on any
terms and conditions that the Tribunal considers appropriate.
Madam President, the Bill seeks to require for
the Tribunal to submit a decision containing their findings to the parties and the Executive Officer within 30 days of the conclusion of the hearing.
Madam President, as there are curr ently matters referred to a Human Rights Tribunal, this Bill pr oposes that any complaints which commenced before the Human Rights Tribunal but have not concluded
shall be continued before the Tribunal under the pri ncipal Act as amended by this [Bill].
Madam President, the passing of this Bill will
allow for the adjudication of complaints that have been
referred to the Human Rights Tribunal.
Thank you, Madam President.

The President: Thank you, Senator Lindsay Si mmons, the Junior Minister for Seniors and Social D evelopment.
Would any Senator care to speak on this Bill?
Sen. Robin Tucker: Yes, Madam President. I do not
know if you can see me.
The President: I see you now. Senator Robin Tucker,
you have the floor.
Sen. Robin Tucker: Thank you, Madam Pres ident.
I just want to thank the Junior Minister for
bringing this Bill to us today. I first of all want to say
that human rights, which I believe that we would all
agree, are very, very important and fundamental to
ensuring that each human on this planet is able to
retain basic rights and freedoms.
So this particular amendment I think is a good
one. I am particularly encouraged by the fact that there will be a complete separation between the H uman Rights Commission and the Human Rights Tr ibunal, which obv iously will lend very well to ensuring
that things like impartiality, fairness and all of the great
values that are required as part of ensuring basic human rights are afforded.
So I do think that this piece of legislation is
good. It is valuable. And cer tainly the OBA is in support of this particular amendment.
Thank you, Madam President.

The President: Thank you, Senator Robin Tucker.
Would any other Senator care to speak on
this Bill?
Sen. Michelle Simmons: I would like to speak, Madam President.
The President: Senator Michelle Simmons, you have
the floor.
Sen. Michelle Simmons: Thank you, Madam Pres ident. Thank you, Senator Lindsay Simmons, for bringing this forward. I appreciate the information you have
given us in the brief.
And I just want to really reiterate the intent of
the Bill and also to agree with Senator Robin Tucker that it is good to see that this Bill ensures the ind ependence of this Human Rights Tribunal, because it
will go a long way toward giving the public some assurance that thi ngs are being done in a fair and just
manner without any biases coming in.
The Bill also sets out very clearly the respo nsibilities of the Tribunal and its procedures, so the
public can know up front exactly how the Tribunal will
be operating.
You said t oward the end of your brief, Senator
Simmons, that complaints already brought forward will continue under this amended legislation. And I was
just wondering if you have any idea of how many [of
the] complaints that have been forwarded to the Tr ibunal are s till pending? Just so that we get a sense of
what is coming to the Tribunal and also so that the public can get an idea of how many complaints are
going to go that route.
So, thank you for your brief, and I look forward
to a bit more information about the number of co mplaints that will be coming to the Tribunal, because they have already gone forward.
Thank you.

The President: Thank you, Senator Michelle Si mmons.
Would any other Senator care to ask questions on this Bill?
Hearing none, then, Senator Li ndsay Si mmons, it is over to you to respond.

Sen. Lindsay Simmons: Thank you to both of my
Senate colleagues.
To answer your questions, Senator Simmons,
there are six matters currently referred to the Human
Rights Tribunal for adjudication. Thank you.
Madam President, I move that the Bill entitled
Human Rights Amendment Act 2021 be now read a
second time.

The President: Is there any objection to that motion?
There is no objection, Senator Simmons.



652 15 September 2021 Official Hansard Report

Bermuda Senate SUSPENSION OF STANDING ORDER 26

Sen. Lindsay Simmo ns: Madam President, I move
that [Standing Order] 26 be suspended in respect to
this Bill.

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

BILL

THIRD READING

HUMAN RIGHTS AMENDMENT ACT 2021

Sen. Lindsay Simmons: Madam President, I move
that the Bill entitled Human Rights Amendment Act
2021 be now read a third time.

The President: Is there any objection to that motion?
No objection.
Sen. Lindsay Simmons: Madam President, I move
that the Bill do now pass.
The President: It has been moved that the Bill ent itled Human Rights Amendment Act 2021 do now pass.
Is there any objection to that motion?
There is no objection. The Bill is passed.
[Motion carried: The Human Rights Amendment Act
2021 was read a third time and passed.]

The President: Thank you, Senator Lindsay Si mmons and all Senators.
We now move on to the second Order of the
Day, and that is the second reading of the Marine and
Ports Services Amendment Act 2021, and that is in
the name of Senator Curtis Richardson, the Junior
Minister for Transport.
Senator Richardson, you have the floor.

Sen. Curtis Richardson: Good day, Madam Pres ident and colleagues.
The President: Good day to you.

STANDING ORDER 25

Sen. Curtis Richa rdson: Madam President, I move
that the provisions of Standing Order 25 be granted so
that the Senate can now proceed with the second reading of the Bill entitled Marine and Ports Services
Amendment Act 2021.

The President: Is there any objection to that motion? There is no objection. Carry on, Senator
Richardson.

[Motion carried: Leave granted for the Marine and
Ports Services Amendment Act 2021 t o be read a
seco nd time on the same day as its first reading.]

Sen. Curtis Richardson: Madam President, I m ove
that the Bill entitled Marine and Ports Services
Amendment Act 2021 be now read a second time.

The President: Is there any objection to the second
reading?
No objection.
Carry on, Senator Curtis Richardson.

BILL

SECOND READING

MARINE AND PORTS SE RVICES
AMENDMENT ACT 2021

Sen. Curtis Richardson: Madam President , the purpose of my statement today is to introduce a Bill d esigned to amend the Marine and Ports Services Act
2021 to provide for pilotage dues, payment of fees
and associated penalties.
Madam President, the Marine Board Act 1962
was repealed, and the Marine and Ports Services Act
2021 was approved by the Legislature in February
2021. However, cer tain sections of the Act have not
come into operation yet because they are aligned with
new operational responsibilities required for the III
Code audit —for example, investigations, insurance for
commercial boat operators and other related prov isions. Some of these required a policy framework and
others required training and consultation with a stak eholder. Therefore, some of the provisions of the Marine Board Act 1962 are still in operation.
Madam President, recently it was discovered
that provisions for pilotage services and dues were
omitted from the new Act. It is being addressed in the
Bill proposed today. In the meanwhile, pilotage dues
continue to be collected under the provision of the
Marine Board Act 1962.
Thank you, Madam President.

The President: Would any Senator care to speak on
this Bill?
Sen. Marcus Jones: Yes, Madam President.
The President: Is that Senator Jones?
Sen. Marcus Jones: Yes, i t is.

The President: Yes. You have the floor.

Official Hansard R eport 15 September 2021 653

Bermuda Senate Sen. Marcus Jones: Thank you, Madam President.
Can you hear me, Madam President?

The President: Oh, I can hear you, certainly.
Sen. Marcus Jones: Thank you.
I just want to first of all thank the Junior Mini ster for providing us and bringing forward this particular
piece of legislation. We in the Opposition have no opposition to this particular Bill. But having read through
it and have seen the necessary changes that are pr oposed in this particular Bill, had we known that it was
done in order to upgrade the provisions and to ensure
that Bermuda's marine and ports are in keeping with
international standards and best practices . . .
But in light of the environment that we are
living in right now, my question t o the Junior Minister
would be in [clause 4, proposing new] section 32E.
This particular section proposes to allow for provisions
and accommodations to be made for a pilot placed in
quarantine.
My question would be, Does the Government
intend to have a pl an in place to have all pilots who
are boarding these ships having to be tested for
COVID -19? Is that part of what they are intending to
do? And in a wider scale, has the Government considered the situation if members of the crew of that ship, if they in f act are infected and have tested pos itive to the virus, what is the plan after that?
So in essence, what I am asking the Junior
Minister is if he can give us and Senate colleagues
and the public at large some indication of his Government's intention of monitoring and managing a si tuation that may arise with a pilot being utilised by the
ship, himself being positively tested for COVID -19 or
in fact the crew members being infected by this
COVID -19, what is the Government's contingency
plan if this actually is a reality that they have to face?

The President: Thank you, Senator Jones.
Would any other Senator care to speak on
this Bill?
Hearing none, then it is over to you, Senator
Curtis Richardson.
Sen. Curtis Richardson: Thank you, Madam Pres ident, and t hank you, Senator, for your question.
I would like to point out first of all that section
32E speaks to the detained pilots who may be detained in quarantine, and not specifically to any tes ting. However, I will indulge in seeking more direct an-swers to y our actual question from technical staff advisors, and I will get back to you as soon as possible.

The President: Thank you, Senator Curtis Richar dson. Hearing no other responses then, Senator Curtis
Richardson, it is over to you.
Sen. Curtis Richardson: Madam President, I move
that the Bill entitled Marine and Ports Services
Amendment Act 2021 be now read a second time.

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

SUSPENSION OF STANDING ORDER 26

Sen. Curtis Richardson: Madam Pr esident, I move
that [Standing Order] 26 be suspended in respect of
this Bill.

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

[Motion carried: Standing Order 26 suspended.]

BILL

THIRD READING

MARINE AND PORTS SERVICES
AMENDMENT ACT 2021
Sen. Curtis Richardson: Madam President, I move
that the Bill entitled Marine and Ports Services
Amendment Act 2021 be now read the third time.

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

Sen. Curtis Richardson: Madam President, I move
that the Bill do now pass.

The President: It has been moved that the Bill ent itled the Marine and Ports Services Amendment Act
2021 do now pass.
Is there any objection to that motion?
No objection, t he Bill is passed.

[Motion c arried: The Marine and Ports Services
Amendment Act 2021 was read a third time and
passed.]

The President: Thank you, Senator Curtis Richar dson and all Senators.

MOTIONS

The President: There are none.

CONGRATULATORY AND/OR
OBITUARY SPEECHES
The Presid ent: Would any Senator care to speak on
these items?
654 15 September 2021 Official Hansard Report

Bermuda Senate [Inaudible interjection]

The President: I am not hearing.
Sen. Marcus Jones: Senator Jones.
The President: Senator Jones, I need to see you. I
now see you and hear you. Thank you. You have the
floor.

Sen. Marcus Jones: Thank you, Madam President.
I would like for this Chamber to extend condolences to the family of the late Mr. Livingston Tuzo, a
well-known educator and sports enthusiast within our
community. I had the pleasure of working with him at
his last place of employment where he was for 14
years the principal at the West End Primary School
there in the greater Somerset community. I was able
to have my two children attend West End Primary,
which for us was very pleasing to my mother, who
was a student at West End. I and my siblings were,
and my children going there was of great pride to me.
I will say to you that in my enthusiasm to help
the school as much as I could when my kids were
there, I was (shall we say) handcuffed and dragged to
be the PTA President for a couple of years. And al though I was hesitant at the time to do it, being able to
work with Mr. Tuzo was in fact a pleasure. I will say
that the best way to describe him is that he was a man
of principle. He, I would say, was sort of like a gentle
giant who carried a big stick. When he appeared
amongst us, whether it was us as parents or in the
midst of the school day, he carried a presence about him that captured the attention of everyone.
I can remember so clearly the days, the mor nings, every morning he would be at the entrance of
the school, welcoming the kids into the schoolyard,
remembering all of their names, having a joke for
them and their parents.
But he was not only just a school principal.
We understand that he worked very closely with spor ting clubs within the community, garnering the skills
and the potential of young men within the realm of sports, recognising that for young men to get excited
about academics, sports was the great carrot that one
can use to entice young m en to actually take their academics seriously. We understand that he was not
only the principal of West End in his latter years, but
he was also the principal of Victor Scott for 10 years.
He was also the leader of the principals association,
the Bermuda A ssociation of School Principals. He was
the leader of that group, as well.
We understand that he was married to his
wife, Shirley, for 40 years. And he was the father of two sons, Shannon and Shaun. Even up until his last
years —we know that he retired in 2010 ––but in the
last 10 years of his life he was confined to a wheelchair, and so physically he was not in tip- top shape.
But one can clearly say if you spent any time with him, that his mind was as sharp as a tack. And many pe ople within the education community would still seek
his help even [during] his retirement years.
So, Madam President, although with great
sadness I do feel the loss of (I would say) a giant wit hin our community, I do remember and celebrate his
life, a man who touched all four corners of this co mmunity. I say, may he rest in peace and that we extend wholehearted, heartfelt condolences to his fam ily.
Thank you, Madam President.

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITOR
The President: Thank you, Senator Jones.
I would just like to acknowledge the presence
of the Leader of the Opposition, MP Cole Simons, in
the precinct.
Welcome to you, Mr. Cole Simons.

Hon. N. H. Cole Simons: Thank you.
[Congratulatory and/or Obituary Speeches, contin uing]

The President: Would any other Sena tor care to
speak on condolences and/or congratulatory speec hes?

Yes. Thank you,
Madam President.
I certainly want to acknowledge the Oppos ition Leader this morning.
Earlier this week I got a message from the
Bermuda Entertainment Union informing me that a
well-known ambassador for the music industry, Mr.
"Ted" Thaddeus Rudolph Ming, had passed. I did not
know Mr. Ming personally, but as I began to look up
some information about him, I certainly understand his
passing was very, very significant for Bermuda and for
the entertainment union. Some people may know Mr.
Ted Ming as a former group leader and lead vocalist
for the Bermuda Strollers and was well known for his
musicianship. On travel sites such as TripAdvisor,
people spoke very highly of the Bermuda Strollers,
who brought a fun party atmosphere to college spring
break trips from the mid- 1960s and mid- 1970s. And
visitors to the Island always chatted about Ted Ming
and wanted to keep in touch with him.
I have also been made to understand that
tributes have poured in from around the world commending Mr. Ming for his commitment to Bermudian
Official Hansard R eport 15 September 2021 655

Bermuda Senate entertainment. So I certain ly would like for the Senate
to join me in sending condolences to his family and to
the entire entertainment community in Bermuda at this
time.

The President: Thank you, Minister Peets.
Would any other Senator care to speak?
Senator Lindsay Simmons, you have the floor.
Sen. Lindsay Simmons: Yes. Good day, Madam
President.
I would like to send condolences to the family
of Orlando Lee Burch. His brother actually works for
me at my ot her job. [INAUDIBLE ], so condolences to
[INAUDIBLE], his mother, Miranda. I know two of his
children personally, LeKaisha and Sarari, and their
mother Serena. So I want to give them condolences
and his other two children as well and their extended family. To lose a loved one on the road is very hard
and difficult. So I would l ike to extend my condolences
to the Burch family.
Thank you, Madam President.
The President: Thank you, Senator Lindsay Si mmons.
Would any other Senator care to speak?
Sen. Michelle Simmons: Yes, I would, Madam President.

The President: Senator Michel le Simmons, you have
the floor.

Sen. Michelle Simmons: Thank you very much.
First of all, I would like to join with Senator
Marcus Jones in extending condolences to the family of my former colleague, that is, Livingston Tuzo. Every
word that Senator Jones said is absolutely true. And I
would just like to add, “Tuzo,” as many of us knew
him, always seemed to know how to take the correct
approach during negotiations between various groups
and individuals. He was very, very skilful. And while
he was a fantas tic educator and principal, he was also
a first -class leader of the Association of School Princ ipals. So basically, every principal on the Island worked with Tuzo at some point. And he was always there whenever we needed his support. So I join with
Senator Jones in extending condolences to Mr. Tuzo’s
wife, Shirley, and his sons, Shannon and Shaun.
I also want to extend condolences to the fam ily of one of my very close cousins. Clara Elise (Grant)
Jones was one of my dearest cousins. And it has been a prett y rough week this week for our family because we are burying two of my closest cousins. I am
asking for condolences to be sent to her children, to
Eulene, Lionette, and Dwayne; as well as her grand-children. First and foremost, Clara was a loving wife to
her husband Lionel, who is now deceased, and she
was a devoted mother. But you know what happens when grandchildren come along. They become the
centre of the universe.
She was also a well -known Pink Lady at the
hospital and just a few weeks ago received her 30year pin for outstanding service. She was a regular
worshiper at St. Mary’s Church in Warwick and was
always ready to volunteer, to help wherever she was
needed. She will be greatly missed by her own family,
her church family, the Pink Ladies, and even the
nursery school family where she was a well -loved vo lunteer. So condolences to the Jones family.
Then right now as we speak, my cousin Mar ilyn Alfreda (Grant) Outerbridge is being funeralised.
Her children, David, Tarfari, Africa, Shenouda, Delarie
and the late Haile . . . I am asking that condolences be
sent to the family. “ Merle,” as we knew her, was well
known for her outspoken, forthright manner. She was always prepared to defend a cause in which she believed. And she believed with passion. There w as
never any doubt as to what her position was because she made it clear to any and every one. I am praying
that her family will find comfort at this very difficult time in knowing that she is at peace.
And then, if that is not enough, I am asking for
condolences to be sent to the family of one of my church sisters, and she is Dorothy Annette Nisbett.
Condolences to her husband, André, and their three children, Andrea, André Jr. and Danyelle; as well as her grandchildren. Annette, as we knew her, was one
of the few Royal Bermuda Regiment soldiers who
reached the senior non- commissioned officer ranks of
Warrant Officer during the time that she was officially
serving in the [Bermuda] Regiment. I believe that only
one other woman has achieved this rank in Berm uda.
She loved the [Bermuda] Regiment.
And even after she retired, about seven years
ago, she happily found her way back there, since the defence department needed her very impressive administrative skills. She has left a huge void in her fam ily. She has left a huge void in the administrative office
at Warwick Camp and in our beloved church family as
well. She was one of those people whom you could ask to assist with any, any administrative task, and it
would be done and done to the highest standard.
For example, whenever our guild at the c athedral where we worship together needed to have a
really attractive, fancy programme booklet, we always
turned to Annette. She was endowed with the ability to
produce a design, after a bit of thought, which would
be quite stunning. We are going to miss her for many,
many reasons. But her family will miss her tremen-dously.
And I would like to end on a positive note. I
would like to extend congratulations to three young men who are now living their dreams. Oral Barnett, a
former student of mine; Omar Dill; and Malik Robinson have successfully completed their training to become air traffic controllers. I think we all saw the news. They
were chosen from over 100 applicants to join the trai n656 15 September 2021 Official Hansard Report

Bermuda Senate ing programme. So after 14 weeks at Global Aviation
Training Services [ATS] at Gloucestershire Airport in
the UK, they trained for seven months with Ms. Patr icia Peets, who is (listen carefully) a 39- year veteran in
the field of air traffic control, having started her career in Barbados and then extending her work to Bermuda,
where she had married and come to live.
I cannot celebrate these young men sufficiently. And I cannot thank Ms. Peets enough for all of the work she has done as a veteran air traffic controller
here in Bermuda, but al so now as, I believe, the lead
trainer. What a wonderful story of success! And I hope
it will serve as encouragement to other young people
who have dreams and just need that added dose of
encouragement to pursue those dreams.
So, Madam President, that is it for me today.
It is a sad week, but we can also find joy in the midst of sadness. Thank you very much.

The President: Thank you, Senator Michelle Si mmons.
Would any other Senator care to speak on the
congratulations or condolences?

Sen. Ben Smith: Yes, Madam President.

The President: Senator Ben Smith, you have the
floor.
Sen. Ben Smith: Thank you, Madam President.
First, I would like to be associated with the
condolences to the family and friends of Ted Ming. I
grew up in a musical household, and the Strollers were a part of that musical background that I grew up
with. Knowing that another one of the giants has
passed, where Bermuda had that hospitality and hotel
industry high, tourism high that saw some really great
Bermuda entertainers take part in entertaining our
tourists over an extended period of time, I know that the Strollers were a part of that rich history.
So, please, condolences to the family and
friends of Mr. Ted Ming. I know for me that is another loss of those legendary entertainers .
Madam President, I would also like to have
condolences sent to the family of Karen Williams -
Smith. Karen Williams -Smith was an amazing family
lawyer, but for me, as the mother of Ambya Smith,
who is one of my swimmers whom I have had for quite
some time , I got to know Karen as an amazing mot her, an amazing wife to Ross Smith, somebody who was always willing to give her time. I know that she
will be sorely missed by her family, and I want to have best wishes and condolences to the family as they go
throug h this.
Thank you, Madam President.
[Inaudible interjections ]
The President: Senator Lindsay Simmons, you have
your microphone on. We can hear you.

Sen. Ben Smith: Thank you.

[Pause]

The President: Senator Ben Smith, you can carry on.

Sen. Ben Smit h: That was it. Thank you, Madam
President.
The President: I cannot see you yet. Oh, there you
are. I was not sure if you had completed everything
you had to say, Senator Ben Smith.

Sen. Ben Smith: Yes. Thank you, Madam President. I
completed it. Thank y ou.

The President: Senator Robin Tucker, you now have
the floor.

Sen. Robin Tucker: Thank you, Madam President.
I first of all would like to be associated with the
condolences sent to the family of the late Livingston
Tuzo.

The President: Yes.

Sen. Ro bin Tucker: I had the privilege of actually
meeting Mr. Tuzo. But his sister, Dr. Deborah Tuzo,
has become quite a very good friend to my family. So I would like to extend the condolences again and associate myself with the comments already made here
today .
I also would like to extend condolences to the
family of the late Audrey Astwood. Audrey was also a
family friend. She had actually known me from a child.
And anyone who knew Audrey would know that she was constantly on the move. She was an extremely
kind and friendly person. In fact, I can describe her as
being fearless in sharing whatever she thought about
a situation.
I had the privilege of actually seeing Audrey
about two weeks before she passed away. She saw me coming out of my building one evening after work.
And as she was crossing the street, when she noticed
me she turned around. She came back over and she
just came to tell me about how proud she was of me
for just stepping out to do whatever I could to serve
the country. She was so encouraging to me. I just will
never forget the expression on her face and the words
that she said to me. And I will actually cherish them,
and I am actually very grateful to have known Audrey.
So I extend condolences to her family as well.
Lastly, I would also like to extend condolences
to the family of the late [Hubert] Allen “Hat” Trott Jr. Allen was a prison officer. Anybody in Warwick who
frequents South Shore will have seen him running all
Official Hansard R eport 15 September 2021 657

Bermuda Senate the time. Whenever anybody would mention, Did you
see the prison officer?, they knew exactly it was him
running along South Shore in Warwick. Allen, again a
very great person, did whatever he could to help an yone, loved to laugh, loved to joke around, a very, very
great person to know. Unfortunately, Allen passed
away unexpectedly last week. So I extend condolences to his wife, to his mother, to his sister, Patty Jean,
who is a very, very good friend of mine. In fact, her
daughter is my godchild, and my child is her godson.
To his sister, Joy. Again to my goddaughter, Chantel-le, the Department of Corrections staff, and all of A llen’s friends and family. He will undoubtedly be a
great miss. Thank you, Madam President.
The President: Thank you, Senator Robin Tucker.
Would any other Senator care to speak?

Yes, thank you. A ctually, I do apologise for interrupting Senator Ben
Smith during his condolence remarks regar ding the
passing of Karen Williams -Smith. I am deeply saddened by that. I was very surprised. And I do apol ogise for interrupting.
But I have been notified that, if you will permit,
the Junior Minister of Education does have some ad-ditional information th at he can share to the Senator
based on the questions that came up earlier, if you
are willing to permit.

The President: Absolutely, yes. We can allow that.

QUESTION PERIOD
[Recommitted]

QUESTION: THE IMPACT OF COVID- 19 ON
IN-SCHOOL LEARNING FOR CHILDRE N
[Question by Senator Robin Tucker]

Sen. Owen Darrell: Thank you, Madam President.
Madam President, there were two questions
based along the Chromebooks I think that Senator Tucker posed. The first one was about the software, I
believe, and if they had all been downloaded. Well,
someone from the department has informed me that
the good thing about these Chromebooks is that they
are actually web- based. So there is very little software
that is actually needed to run these Chromebooks, which is what makes it so appealing for use in primary
schools. And they are using the Schoology technology
to be able to monitor what happens on these
Chromebooks. But there is no actual software that is
needed. You just get the Chromebooks. You go onto
a browser, and it is web-based off of that. So that all e-viates the problem of having to download a whole lot of software on these Chromebooks, especially for
primary school students.
And one of the second questions that I said I
would get back to you on was, I do not have the actual
numbers of students who do not have Chromebooks.
However, the money that was donated by Hasso
Plattner was 100 per cent used—all of it was used to
purchase as many Chromebooks as they could out of
that money that was given. So the students in P1 and
P2 who do not have Chromebooks, they do not have
them. And the decision was made simply because we
ran out of money to purchase for everyone.
So if anybody would like to donate to get all
P1s and P2s Chromebooks (and I can get that number for you), I am sure that the Ministry and the D epartment of Education will be happy to have 100 per
cent use of Chromebooks among primary schools. But that is the reason why they did not get them , because
the money that was donated was used, and that was the number that they were able to get. So it was a
strategic decision to get all P3, P4, P5 and P6 the
Chromebooks.
So I hope that answers those two questions
that I promised to get back on, Madam President.

The President: Thank you, Senator Owen Darrell,
Junior Minist er of Education.

CONGRATULATORY AND/OR
OBITUARY SPEECHES
[Continuation thereof]
The President: I would like to reflect back on the
congratulatory and obituary speeches just to ensure
that everyone had an opportunity to speak. So, would
any other Senator care to speak your congratulations
or obituaries?

Sen. Robin Tucker: Madam President.

The President: Senator Robin Tucker, yes.
Sen. Robin Tucker: Thank you, Madam President.
If there are no further contributions to condolences, may I ask a question of Junior Minister Darrell
just based on his response to me?

The President: Before you do that, I have a few
comments myself to make on congratulations and
condolences.
I would like to associate myself with Senator
Jones and others who have given condolences to [the family of] Livingston Tuzo. I also know his sister Deb orah Tuzo quite well. So I would like to be associated
with that. Also, I associate myself with the condolences by Minister Peets and Senator Smith and others on
the passing of Thaddeus “Ted” Ming, and also assoc i658 15 September 2021 Official Hansard Report

Bermuda Senate ate myself with Senator Michelle Simmons regarding
the three air traffic controllers. I think that is absolutely
wonderful for Bermuda.
I would also like to send condolences to the
family of Marjorie “Midge” Oliver, who was a wonder-ful, dedicated, well -respected and liked nurse, who
worked at King Edward VII Memorial Hospital for over
40 years. And she was a consummate athlete. I am
sure many of us remember seeing her running. And
she was well known in the Bermuda running circles.
Then on a positive note, if you would allow
me, I would just like to extend congratulations to Ms. Kameron Young, who had the distinction of completing a virtual summer internship of eight weeks with
NEDIAR, a small technology company based in Me-dellin, Col ombia. The company’s primary focus is designing and manufacturing services and special tools, and ground support equipment for the aeronautical
industry for companies both in South America as well
as in the United States. Ms. Young worked with a
team at NE DIAR to develop an augmented realit y
app, using Unity and Vuforia, that showcased a 3D
model and included descriptions of the model.
She completed the internship in Spanish, and
subsequently she was able to communicate with them
in Spanish, and ultimately helped the company pr epare a guide in both Spanish and English for which
the company was very pleased. Ms. Young is currently studying biomedical engineering at St. Mary’s University in London, following which she will enter the
medical field. She is the daughter of Ms. Angela
Young; granddaughter of Kenyetta Young, who was of
the BIU [Bermuda Industrial Union] fame; and my niece.
She was also the protégé of Dr. Carika Weldon, for whom she conducted a genetic study of sugar
and diabetes on the Island, and she did the study at
age 16. And this study focused on, How does a
TASR3A g ene affect a person’s preference for sugar
and sugar intake? I think this study was absolutely critical because of the high diabetes rate we have on
Island. So I would just like to end that by saying congratulations to this young lady.
Now then, Senator Robin Tucker, you can ask
your question.

QUESTION PERIOD
[Recommitted]

QUESTION: THE IMPACT OF COVID- 19 ON
IN-SCHOOL LEARNING FOR CHILDREN
[Question by Senator Robin Tucker]
Sen. Robin Tucker: Thank you, Madam President.
I just wanted to know, in response to the Ju nior Minister’s answer to me about the Chromebooks, if
he can give me an exact number of how many Chromebooks are still needed and the expected
costs? So not only the Senate, but the public will be able to have an idea of how much money is actually needed in case there are people who would like to
donate.
Thank you, Madam President.

The President: Thank you, Senator Robin Tucker.

Sen. Owen Darrell: I am happy you ask ed that,
Senator. Madam President, I have that response. P1
and P2 students make up about 200 to 250 students.
Therefore, we will need 250 Chromebooks. In order to make that happen, $225,000 would be needed.

The President: Thank you very much, Senator Darrell.
Senator Robin Tucker, does that answer your
question?

Sen. Robin Tucker: Yes, it does. Thank you, Madam
President.

The President: And thank you all. That completes our
agenda items except for item 16, which is adjour nment.

ADJOURNMENT

The Presid ent: Minister Peets.

Senator Ben Smith.

The President: Senator Ben Smith, I need to see you
as well.

Sen. Ben Smith: Right here. Can you see me now,
Madam President?

The President: Yes. I do see you now. Thank you
very much. You have the floor.

Official Hansard R eport 15 September 2021 659

Bermuda Senate THE NEED TO MAKE SPORTS A PRIORITY

Sen. Ben Smith: Thank y ou, Madam President.
Madam President, in politics and with polit icians, it never seems that sport is a real priority. Most of the time we will see politicians when our athletes
have won something or the achievement happens at
the end of the journey. And I mean that across the
board. It is not something that happens from one poli tical party; it is just the case.
There is normally some language that talks
about, Well, sport is important, and it’s important to
the country and it’s important to our youth for several
different reasons. But it is never really the priority. It is
not something that is handled in a way that lets the
community know that sports is important to us.
But once again, Madam President, we are in a
situation where we are going to be celebrating a r esult. So, Madam President, there are a lot of stages
that go into athletes’ reaching that pinnacle. The pandemic has had a significant impact on sports, locally and internationally.
But, Madam President, professional athletes
have been able to achieve their normal level because
they have the support and money behind them in order for them to continue to train with very little interruption. And we have seen major games continue to happen. Well, Madam President, it is the grass -roots
programmes, i t is the junior programmes that abs olutely develop the athletes so that they can become
the athletes that everybody celebrates when they
reach the podium.
Madam President, I bring this up because as
we were sitting here today in the Senate, an an-nouncement on sports and the phased changing of
sports happened outside of this Chamber. Madam
President, it would have been a great opportunity for
us to have that information brought to the Senate so
that we could ask questions and debate it instead of
its coming out at the same time that we are sitting in
here. So there were questions that I would love to ask
that I did not have the opportunity to ask because a
Statement did not arrive. And the Minister who is r esponsible for that is sitting in this Chamber. But the
press has received this release that tells them that we
have moved to phase 1.
Well, Madam President, there are some
things that happen when you move to phase 1. The
gathering sizes change significantly, the restrictions
on what happens. And, Madam Pr esident, we are fully
aware that because of the situation which Bermuda is in that these restrictions are going to happen. But we should be discussing that, because, Madam Pres ident, within the Statement the Minister talks about
gathering sizes of 10 peopl e. But he also mentioned
that there should be no group training for two weeks.
Well, are 10 people a group? Because that becomes
confusing to people for whom sports is important, that
they live sports on an ongoing basis, that they are standing up in front of our youth and trying to get them
to stay on the right path. It is extremely difficult to do when we are sitting in the middle of this pandemic.
But even though the pandemic is happening,
business still has to occur. We are still trying to figure out a way to get our students back to school. But,
Madam President, sports needs to continue to happen
as well. School sports have not happened for last
year, and we are going into this year and they are not
happening again. Sports needs to become a priority —
not just a buzzword, but a real priority. We need to
figure out a way to make sure that we are taking care
of our young people to give them the opportunity so
that they can be successful. Because all of the things
that we know that sports can teach our young people,
how to interact with each other, how to work with each other, to respect rules —sports are what teach them
that.
But, Madam President, prior to the announcement today there was a discussion on sports
when it comes to SafeKey being used for sports. Well,
Madam President, SafeKey for all indoor sports and
SafeKey for sports with gathering sizes over 50 that
are outdoors, those are all concepts. But, Madam
President, that means that to participate in sport, you
must have a SafeKey. So if you were under the age of
12 and do not have access to getting vaccinated, that means that you must be tested multiple times. Now, that sounds like mandatory to me, because without
having it you cannot participate. But we have also
heard that in other areas we are not making anything
mandated.
But once again, sport is the one that gets the
rules put on it, probably because we know that sports
follow rules. But, Madam President, we have to start
to communicate with the sports population and let
them know that they are a priority and let them know
that sports is important to us, not just when we get to
the results, not just when we get to the podium, be-cause the journey from the beginning to that podium is
long. And in most cases, the support is not coming
from the Government. It is not coming from politicians.
It is coming from parents and volunteers and friends
who are going through step by step of that journey.
We have to do better! We have to make it a
priority for this country, because it is not a position of ours to continue to allow any of our young people to
fall on the wayside. Every time we break from Senate,
we come back and there are more deaths on our
roads. There are more people getting caught up in
gang violence. There are more people getting caught up in dr ugs. But guess what? Sports gives an opportunity to have well -trained people stand up in front of
our young people and teach them the right way and show them what is expected of them. Because that is
something that we can do to help our country to get
better! But we need to make it a priority, and we need
to be able to have these discussions openly in the
660 15 September 2021 Official Hansard Report

Bermuda Senate forum that they are supposed to happen in, not in the
newspapers.
Thank you, Madam President.
The President: Thank you, Senator Ben Smith.
Would any ot her Senator care to speak on the
motion to adjourn?

Thank you, Madam
President.
What I would like to share this [afternoon], just
real briefly, I certainly want to applaud the Senate’s decision to actually meet remotely today. I think our example is important, particularly in recognising right
now the severity of our current COVID -19 spike. This
particular Delta strain is a particular menace, and this
current spike is really, really real.
We are still going to need as a country the
cooperation of all Bermudians during this time. My
encouragement to anyone who is listening at this
moment, particularly if you are discouraged or ac-cused or just exasperated about what the pandemic
has meant to us as a country. How has it affected our
businesses, our schools and particularly how has it
affected our sports?
Earlier this summer I had the opportunity to
address this Chamber during our Heritage Month. And
I had the opportunity to remind us all what really
makes us Bermudian, and the thing that stuck out during our Heritage Month as our theme was Bermudian
Resilience. We spoke about that during our Heritage
Month. And now I am asking anyone who is listening
to draw on that resilience. We need that resilience
even more, particularly during this particular outbreak.
So I am asking for cooperation from anyone who is
listening. We all have our individual responsibility to
collectively keep our country safe, our seniors safe,
our kids safe, our economy open and, of course, the resumption of our sports.
So everyone who is listening, please wear
your masks, saniti se your hands. Please practice s ocial distancing. If you feel unwell, stay at home. Abide
by SafeKey guidelines. There is real benefit in knowing your status. So we are going to need to do all of these things to combat COVID -19 so that we can co ntinue help ing the country to move forward.
I do not need anyone to lecture me about the
importance of sport. Sport is something that I am pas-sionate about, and as the Minister of Sport, the r esumption of sport is my top priority. Having said that, Madam President, we have a collective responsibility for the greater good of our country, and the public as
well, regarding safety. So this current spike is real. We
are going to get through this. We will get through this
together. We are certainly going to need to practic e
what makes Bermudians Bermudians, and that is our
resilience.
So, thank you very much for a few moments
to speak during the motion to adjourn, Madam Pres ident.

The President: Thank you, Minister Peets.
And with that, I would just like to reiterate that
we should all certainly join in with the sentiments that have been expressed by yourself, particularly for us
and for the country at large.
With that, Senators, the Senate stands adjourned until September 22. Thank you for your at-tendance.

[At 12:0 8 pm, the Senate stood adjourned until
10:00 am, Wednesday, 22 September 2021.]

[Subsequent to the meeting, the Adjournment date
was extended to Wednesday, 29 September 2021 ].