July 21, 2021

All right. Thank you
so much. And good morning to all of our Senators this
morning and listening audience.
This morning I have heard a few things. I
would just like to offer some comment, particularly about layers and scrutiny and planks and criminal activity. None of those things are issues as it relates to
this particular amendment. The Government of course is responsive to issues and needs that our corporate
agencies are engaged in. We understand the i mportance of that work. There is no removal of planks. There is no removal of scrutiny. This is a simple
amendment to recognise that there have been some
significant issues that the pandemic has placed on our
debt collectors.
So I certainly do not want the listening public
or other Senators to be under the wrong impression that somehow this Government is removing the necessary safeguards around governance. We of course
are here to support good governance. And this parti cular amendment is not, in our opinion, doing any of the alleged that we have heard this morning, Madam President.
So thank you so much. I certainly will allow
the substantive Junior Minister, to move this Bill.

The President: Thank you, Minister Peets, Gover nment Leader in the Senate.
Would any other Senator care to speak on
this Bill?
Senator Michelle Simm ons, you have the
floor.
Sen. Michelle Simmons: Thank you, Madam Pres ident.
Yes, I was around in 2018 when the original
Bill came to the Senate. I remember supporting it because it did bring good governance to the fore with regard to debt collection. In 2018 none of us had a
view of what would transpire about a year and a half
later. And 2020 has really been the greatest challenge
I think any of us have faced in our lives.
I agree that we have to make sure that there
is appropriate regulation in place. I listened carefully
to what Senator Lindsay Simmons presented this
morning to hear why clause 2 and the first part of it


Bermuda Senate especially was included in this Bill. If I may read it,
Madam President?
The President: You certainly may, Senator Simmons.
Sen. Mich elle Simmons: [Clause 2] says [at pr oposed section 15(6A)], “Notwithstanding subsection (6)(b), a debt collector licensed under this Act in the
year 2020 is exempt from providing the Authority with
his audited annual financial statement for the year
2020.”
Licensed under this Act in the year 2020. So I
began to wonder how many debt collection agencies
had actually been licensed in the year 2020, and I r ealised that I think it is over a 24- month period. Age ncies are licensed for that period of time, and then they
have to renew. But I would imagine . . . maybe I
should pose it as a question. How many debt collec-tion agencies were licensed, and how many which
had been functioning before remained unlicensed?
I do not see that this amendment to the 2018
Act is taking away regulation or diminishing scrutiny of
what is happening in the debt collection sector. R ather, I feel that the amendment is making an allo wance for the very, very extraordinary circumstances
debt collectors faced in 2020. Everyone was trying to
make their way through the pandemic.
And so, Madam President, I am prepared to
support this Bill. But I will say that I hope that we do
not see anything like this coming our way again, b ecause it does give the impression that we are giving
people a pass for something which should be closely
regulated. So with those comments, Madam Pres ident, I will end my remarks. Thank you.

The President: Thank you, Senator Michelle Si mmons.
Would any other Senator care to speak?
Senator Ben Smith.

Sen. Ben Smith: Yes. Good morning, Madam Pres ident.
The President: Good morning.
Sen. Ben Smith: Just a quick question, actually following on from what Senator Simmons just said. If the
waiving of the audit for 2020 is only for licensed debt
collectors, can we confirm that any company that was
working without a licence last year will have to provide
audited [financial statements]? Because it seems
strange. They were working without a licence. This is very specific that says that if you were licensed, you
do not have to have audited [financial statements] for
2020. But the company that was brought up as the
example by Senator Jones is unlicensed. So in that context, will that company have to provide audited
financial [statements]? Because I am pretty sure that
is what the Bill is saying. And if that is the case, then the scrutiny that we have actually been referring to is
still in place.
So the answer [to that question] is important
for us to determine whether we have to amend or not.
The amendment is depending on our mak ing sure that
we have that scrutiny. So clarification on what that
point means is important for what we decide happens
next.
Thank you, Madam President.
The President: Thank you, Senator Ben Smith.
Would any other Senator care to speak on
this Bill?
Hearing none, then we will wait until Senator
Lindsay Simmons responds. And she is obtaining answers to some of the questions that were raised.

[Pause]

Sen. Lindsay Simmons: Thank you, Madam Pres ident.
To answer some of the questions that were
asked: How many debt collectors were licensed?
Three. How many debt collectors remain unlicensed?
We do not know until a complaint comes in. We will
only be able to look at three months and not the full
year of 2020, as they were not operating under the Act [with] a licence, and they were given it in October.
Thus, three of the months will be under the Act.
The exemption: Why? Because only the r equirements of having to put into place all of the changes in order to get a licence. They have 14 things to do in order for them to be compliant and to get a
licence. And I could even tell you what those 14 things
are. The requirements for submission are as follows:
1. a business plan setting out the nature and
scale of the debt collection business which is
to be carried out by the debt collection bus iness ;
2. policies and procedures adopted in compl iance with Part 4 of the Act;
3. particulars of the applicants’ arrangements for
management of the debt collection busines ses;
4. statements from three persons in good stand-ing within the community of the good character of the individual applicant;
5. a statement of accounts for the applicant’s prior financial year;
6. a letter of good standing from any profession-al body that the applicant is a member of in relation to the applicant’s work as a debt collector;
7. a statement providing evidence of a trust ac-count held or intended to be held by the appl icant;
8. evidence that the applicant has obtained the service of an accountant registered under the
594 21 July 2021 Official Hansard Report

Bermuda Senate Chartered Professional Accountants of Bermuda Act 1973;
9. evidence that the applicant has obtained the
services of an auditor;
10. a statement indicating the applicant’s pa yments are up to date for a new entity, the i ntention to make payment of Social Insurance
contributions under the Contributory Pension
Act 1970;
11. a statement indicating the applicant’s pa yments are up to date for, or for a new entity the intention to make payment of, payroll tax
under the Payroll Tax Act 1995;
12. a statement indicating that the applicant’s
payments are up to date for, or a new entity
for the intention to make payment of, any fees
required under the Companies Act 1981 or the Limited Liability Company Act 2016;
13. a statement indicating that the applicant’s
payments are up to date for, or for a new ent ity the intention to make payment of, any regi stered body that the applicant is a member of
in relation to work completed as a debt collector; and
14. receipts of payment of debt collection licence
fees, fees to be paid to the cashier at the A ccountant General.
So, all of these steps had to be don e before
they were able to get a licence. So because of
COVID -19, it took them a lot longer to get it. That is
why some of them got their licence in October, Madam President. Thank you.

The President: Thank you.
Would any Senator . . .
Senator Wight, do you have a point of information, or clarification?

Sen. John Wight: Just I guess for further understanding, I do not think that answered the question. It was
posed by Senator Smith. So I am still trying to understand whether . . . because this organisation was not
licensed in 2020. Based on the wording put forward
today an audit would be required. That question still
remains outstanding, so if we can get clarification on
that.

The President: Senator Lindsay Simmons is seeking
information from the technical officers, the Minister.

[Pause]
Sen. Lindsay Simmons: Can I just ask what company you are referring to?
The President: Senator Ben Smith.

Sen. Ben Smith: It does not have to be a specific
company. If there were debt collectors that were wor k-ing without a licence during the period that we are r eferring to, that means that they would not be part of
this exemption that we are referring to. So that would
mean then that this group should have to be audited.
And after hearing what Senator Simmons has
just given us, the 14 points that had to be followed, to have a group that is able to work outside of that, I
would think that we would want to have some kind of
scrutiny on that company or companies that fall in that
category. There is a reason that you have 14 points.
There is a reason that there is a licence. So if you are able to work outside of that licence, you do not have
to follow the exact same rules. And in that context,
what is being presented today says, If you had your
licence, you get an exemp tion. If you did not have a
licence, you do not get an exemption.
So, the question we are asking again is, Will
those companies that did not have a licence but were
operating without one have to now provide audited
financials for 2020? Thank you.
The Pre sident: Thank you, Senator Ben Smith.
We will wait on Senator Lindsay Simmons to
continue her discussion with the technical officers.
[Pause]

Sen. Lindsay Simmons: Thank you. Okay, Madam
President.
Prior to October 2020 they were not licensed.
We do not have any knowledge [of who they are], but
anybody who is not licensed or has not started the application process, is subject to a $100,000 fine. So
we do not have anybody . . . you have to make a
complaint in order for us to find out who is not l icensed.

The President: Thank you, Senator Simmons, for the
response.
Sen. Lindsay Simmons: Thank you.

Sen. Marcus Jones: Madam President, point of clar ification.
The President: Senator Jones.

Sen. Marcus Jones: Yes. If the Junior Minister can
express and ex plain to us who the complainer would
be. Would it be the clients who are being used by
these debt collectors? Will the [complainants] be the
debtors who are actually being called to produce the
monies that they are in arrears for? Who has the priv ilege and the ability to actually make that compl aint? If
I could just get clarification there.

The President: Thank you, Senator Jones. It is up to
the Senator to respond if she so desires for a point of


Bermuda Senate clarification. But she is speaking with the technical
officers, and she will respond in due course.
[Pause]
The President: For the information of the listening
audience, Senator Lindsay Simmons is seeking clar ification on information from the technical officers pr esent.

[Pause]

Sen. Lindsay Simmons: Thank you, Madam Pres ident.
Any member of the public can make a co mplaint. The complaint can be made by the Debt Collection Authority. The debtor has the right to make a
complaint. As to the question before, those who do
not meet the deadline of October for the licence b ecame in violation of the Act.
Thank you, Madam President. I hope that answers and closes it up.

The President: Thank you, Lindsay Simmons.
Senator John Wight, you have further questions?
Sen. John Wight: Thank you, Madam President.
I guess Senator Smith’s question still remains
outstanding. It is still unclear, based on the wording, as to whether an unlicensed debt collecting agency is
required to have an audit or not, based on the pr oposed Bill. So that question still remains outstanding.

Sen. Lindsay Simmons: If they are unlicensed, then
they are in violation of the Act. So that means that they are subject to a $100,000 fine.

The President: Senator Smith.

Sen. Ben Smith: Thank you, Madam President.
So I understand that you were talking about
the potential fine for a company that is working without
a licence. There is a specific company that was
brought up during this debate. There was understanding that they were not licensed and they have collec ted not a small sum of money, but a large sum of
money. So, the question is, If the y were not licensed,
will we not audit them? Because a $100,000 fine does
not cover the point that they should have audited f inancials, because they were already working outside of the licence.
The Government gave extensions and gave
announcements on ever y other kind of licence that
potentially lapsed in the period of the pandemic. It seems strange that you would have a group that is bringing in this kind of money be able to work outside
of the lines, and then not have a way to come back to
deal with it. A nd specifically, to say that a member of the public should have to be the one proposing it
when the Government is the one in the contract with
the company, just seems out of place. This is the
scrutiny we are referring to.

The President: Thank you, Senator Ben Smith.
We will allow the Senator to respond to that
question if she is able to. And then we will move on.
Minister Weeks [sic], do you have a comment? Peets! Why do I call you Weeks? My humble
apologies, Minister Peets.

So just for clarity,
there was a previous question that was put to the
Government, How many debt collectors did we have who were unlicensed? The answer to that was zero.
There are zero debt collectors who are unlicensed.
There are zero audited financials that are required.
There might be some confusion or some mi sunderstanding that perhaps there is an organisation
who is being, unfortunately, labelled as a debt collec-tor who is actually not a debt collector, who perhaps
may be working as a consultant for the Government,
but not as a debt collector, [not] as a licensed debt
collector. Those types of conditions are different.

The President: Thank you for that clarification, Mini ster Peets. We will move on.

Sen. Ben Smith: Madam President.

The President: Senator.

Sen. Ben Smith: Thank you, Madam President.
In light of what the Minister just said, can you
tell me how we will audit that group if they are working
outside of what we are amending? It keeps going
back to the same point. If you have a group that is able to collect large sums of money, that is the speci fic time that you need audited financials. All of the
checks and balances that have been put in place are
for this reason. So to say that you have a company
that you are going to call it something else—it is not a
debt collector, but it is collecting debt —and now it is
working outside of the parameters of everything that is sitting in front of us seems to be a problem.
We need to figure out right now whether this
amendment is covering people who ar e running companies that are not licensed to be debt collectors, i ncluding people who are consultants who are working
as debt collectors, but not debt collectors.

596 21 July 2021 Official Hansard Report

Bermuda Senate The President: Thank you, Senator Ben Smith.

[Crosstalk ]
Sen. Lindsay Simmons: Thank you, Madam Pres ident.
The Authority sought clarification on OARRS,
and it was determined that they are not a debt collector. This subject will come under the Companies Act
and not the Debt Collection Act.

The President: Thank you, Senator Lindsay Simmons.

Sen. Lindsay Simmons: Thank you.

The President: We need to move on.
Senator Wight, you had one last comment?

Sen. John Wight: Yes. For a point of clarification, I do
not understand how an agency that collects funds on
behalf of Government cannot be considered a debt
collecting agency under the proviso of the Act. It
seems very confusing to me.

Sen. Lindsay Simmons: Like I just said, they fall under the Companies Act and not the Debt Collection
Act. Thank you.

The President: Thank you, Senator Lindsay Si mmons. You can move on with your second reading.
Sen. Lindsay Simmons: Madam President, I move
that the Bill entitled the Debt Collection Amendment
Act 2021 be now read a second time.

The President: Is there any objection to that motion?

An Hon. Senator: Objection.

Another Hon. Senator: Objection.
The President: Two objections. We will have a vote.
The Clerk will do a vote.
[Pause]

The Clerk: Senators, this is on the Second Reading
motion [for the Debt Collection Amendment Act 2021].
We will now call the names.

DIVISION
[Debt Collection Amendment Act 2021,
Second Reading]

Ayes: 7 Nays: 4
Sen. the Hon. E. Peets Sen. Ben Smith
Sen. Owen D arrell Sen. Robin Tucker
Sen Arianna Hodgson Sen. Marcus Jones Sen. Curtis Richardson Sen. John Wight
Sen. Lindsay Simmons
Sen. Michelle Simmons
Sen. the Hon. J. E. Dillas -Wright

The Clerk: The second reading is affirmed.

The President: The second reading is affirmed with
seven [Ayes] and four [Nays]. So the second reading
is carried.

[Motion carried by majority on division: The Debt Collection Amendment Act 2021 was given a second
reading.]

Sen. Lindsay Simmons: Thank you, Madam Pres ident.
Madam President, I move that [Standing O rder] 26 be suspended in respect of this Bill.

The President: We need to move into Committee to
consider . . .
Sen. Lindsay Simmons: Madam President, I move
that the Senate do now resolve itself into Committee
of the whole for further consideration of the Bill, the
Debt Collection Amendment Act 2021.

The President: Senators, remember there was an
amendment that was suggested, and we need to
move into Committee to determine that.
I will now ask Senator Michelle Simmons if
she would take the Chair.

Senate in Committee at 11:04 am

[Sen. Michelle Simmons, Chairman]

COMMITTEE ON BILL

DEBT COLLECTION AMENDMENT ACT 2021

I believe that everyone now has a
copy of the amendment.
Senators, we are now in Committee of the
whole for further consideration of the Bill entitled
Debt
Collection Amendment Act 2021 .
I call on Junior Minister Senator Lindsay K.
Simmons, Junior Minister for Home Affairs and Social
Development and Seniors.

Sen. Lindsay Simmons: Thank you, Madam Chai rman.


Bermuda Senate Madam Chairman, I move that clauses 1 and
2 be approved.
This Bill seeks to amend the Debt Collection
Act 2018 to exempt debt collectors licensed under that
Act in the year 2020 from the requirement to submit
an audited annual financial statement for the year
2020 to the Debt Collection Authority. The Bill further
provides power for the Minister to extend debt collectors’ date of submission of audited annual financial
statements to the Debt Collection Authority by a per iod not exceeding six months.
Clause 1 provides a citation for the Bill.
Clause 2 amends section 15 of the Debt Co llection Act 2018 to exempt debt collectors licensed
under th e Act in the year 2020 from providing the Debt
Collection Authority with audited annual financial
statements for the year 2020. The Bill further provides power for the Minister to extend debt collectors’ date
of submission of audited annual financial statements
to the Debt Collection Authority by a period not ex-ceeding six months.

I am sorry. I am getting ahead of m yself. Would anyone like to speak to clauses 1 and 2?
Senator M arcus Jones.

Sen. Marcus Jones: Thank you, Madam Chairman.
In light of the unreadiness and the ambiguity
of the language that was used for [clause 2, proposed
new section 15(6A)], which raised the question of
whether or not unlicensed companies (debt col lecting
agencies) would still be obligated to provide audited
financial statements, vis -à-vis those that are licensed,
the present writing and rendering of that clause brings
about a certain level of confusion.
I would suggest and propose to this Chamber
that this particular clause, [clause 2, proposed new
section 15] (6A), be removed until there can be a level
of understanding, lest the confusion of the two different categories of debt collectors —those being unl icensed and licensed —so that the language an d the
interpretation thereof can be clear so this Chamber can confidently vote, having had all of the ambiguity
removed, Madam Chairman.

Thank you, Senator Jones.
Would any other Senator wish to speak?
Senator Ben Smith.
Sen. Ben Smith: Thank you, Madam Chairman.
Just following on from what Senator Jones
just said, I think it would be important for us to know
whether there is another category. Because it is l icensed, it is unlicensed, and then there are companies that are able to be debt collectors without being
debt collectors, which means that those companies
are not actually under the same line of having to have
a licence, even though they are doing the work of
somebody who has to go through a 14- step process
to get a licence.
We need to know whether this audited financial statement is just for the people who follow the
rules, or is it for everybody? Because right now it
seems that in today’s debate we have found that there
is a group that is being able to work outside of the
rules, wh ich obviously for us was not the intention of
bringing this amendment forward. The amendment at
present is not able to fix a group of people who are
able to work outside of the rules.
I am sorry. There is no possible way that an ybody can explain to me that a group should be exempted from the rules. The Junior Minister laid out for
us 14 things that had to be covered for somebody to
have a licence. And the people who have gone
through all of that trouble to get that licence to do the
job seem to have been m oved aside so that a group
that does not have to follow those rules can have the job. The problem with that is that, according to what I
am seeing in front of me, that group should be audi ted.
So if somebody can explain to me that there is
not confusion here, then I am waiting for it. Thank you, Madam Chairman.

Thank you, Senator Ben Smith.
Would any other Senator wish to comment?
Senator John Wight.

Sen. John Wight: Thank you, Madam Chairman.
I would concur with the comments expressed
by the two Senators just now that this discussion t oday has caused much confusion as to who must co mply with the Debt Collection Amendment Act and who
does not. So we really do need some clarification. I would support the comments just expressed.

The Chai rman: Thank you, Senator Wight.
Would any other Senator wish to speak?
I am not sure if Senator Lindsay Simmons
would like to respond. Okay. I think she does wish to
respond. So we will just wait for her to get the answers.

[Pause]

Thank you.
Are there any others?
Senator Ben Smith.

Sen. Ben Smith: Yes, Madam Chairman.
In light of what has happened this morning, I
think it is really important for us to look at this and r emove that until [there is] some language that covers
all of the different ways that debt collection can happen that we did not realise happened until today. It
does not make sense that we put something in there that is only covering one group, when potentially there
are other groups out there who are working outside of
the licensing rules who do not have to follow the audi ting process. To me that is what has come to us now.
We cannot move forward with that particular clause
until that is cleared up. All information points to a company working
as a debt collector, but they do not have to follow the
rules. We just want to know, is there a way to bring them within the rules? Because we are discussing
debt collection. At present we have to suggest strong-ly that we move away from this clause and make ( 6B)
(6A) until this is cleared up. Thank you, Madam
Chairman.

I think it is important
that we actually get back to the actual business of the
day. This particular Bill is very, very, very clear. We
are not here to discuss things that are unclear outside
of somewhere else. We have debt collectors who are licensed. This is a Bill to amend the requirement for
them to submit audited financials for a particular year
due to some adverse circumstances due to the pandemic. I have no idea why we are running down rabbit
holes other than doing the business of the day.

The Chai rman: Thank you, Minister Peets.
Senator Robin Tucker.
Sen. Robin Tucker: Good morning, Madam Chai rman. Thank you very much.
I just want to add that one of the reasons that
we are going back and forward on this is because we owe the public an explanation about what is happening. This is not about just individual wants; it is about what we are required to do as it relates to public expectation. And if it is not clear to us in this room about
the intent of this legislation, certainly as it relates to
what was stated earlier that it is not even known
whether an entity is unlicensed until a complaint comes in . . . that is quite ridiculous, really.
So therefore, there is a significant amount of
clarification around what actually constitutes a debt collector and what actually applies in this particular
instance. So I do support what has been stated here
today to remove this particular [proposed section]
15(6A) and [rename proposed section] 15(6B) 15(6A)
until such time that there is full clarification so that we
can revisit this whole topic. Thank you very much,

Thank you, Senator Robin Tucker.
Would anyone else wish to comment on the
proposed amendment to this Bill?
Senator Lindsay Simmons, you have the floor.

Sen. Lindsay Sim mons: Thank you.
The Government does not support the
amendment for these reasons: The standard business
audit timeframe is January through December of any given year. Therefore, to grant an extension of six
months makes no sense, as that would only make


Bermuda Senate those licensed to October 2020 under the provisions
of the Act for nine months, and not twelve.
Fiscal orders are expensive, and these three
businesses will be audited in five months’ time, which
will reveal any problems with noncompliance. Let us not forget that businesses also took a financial hit during COVID -19. They were not physically onsite for
people to bring in their payments. The courts were
closed. Previous judgments were set aside. Many cl ients were jobless and therefore unable to pay. And these three companies extended grace periods during
this time.
The proposed amendment is really deleting
the amendment [introducing section 15(6A)]. We have to remember that debt collectors are businesses that experienced the same challenges as other businesses
during COVID -19. They provide a valid service to the
business community. When the debt is created, it has a financial influence on the normal spending of a consumer and businesses, with implications felt immediately and long- term.
Where the debt has bee n carried by a bus iness, it is likely to contribute to the inflation of prices for goods and services [and] to business closures.
Therefore, why are we so reluctant to allow this threemonth exemption, especially when they had to change
the way they did business in order to qualify for a l icence?
Secondly, the Authority has been involved
with the three companies to ensure compliance and
has spoken with auditors on the feasibility of doing
two audits for 2020, and the Authority realised it would
not be cost -effective to do so.
Thank you, Madam Chairman.

Thank you, Senator Lindsay Si mmons.
Is there any other Senator who wishes to
speak? Senator John Wight.

Sen. John Wight: Thank you, Madam Chairman.
I guess in response to what the Senator just
expressed, I would say that every other government
quanqo, statutory body, was required to produce audited financial statements for the year 2020. Every organisation that is licensed under the Bermuda Mo netary A uthority, and there are hundreds if not thousands, would have to comply with the requirement for audited financial statements. So to exempt one organisation is totally illogical to me.
So I stand by my comments earlier. This is i llogical, and I am not sup portive of it.
Thank you.

Thank you, Senator Wight.
Senator Ben Smith, you have the floor.
Sen. Ben Smith: Thank you, Madam Chairman. So everything that the Junior Minister just said
was specific to licensed debt collectors. The problem
still remains that what we are referring to is that if we
leave it the way the Government has presented it, it is saying that if you are licensed, you are exempt. We are leaving out that there are companies that are being able to operate outside of that lic ensing. So they
now would have to be audited. We have never had an
answer to that question because it seems that if you
do not have a licence, that means that you should not
be able to operate, which then means there is no re ason for an audit.
But we have been told today that there is a
company for whom everything that is lined up for that company says that they are a debt collector. They are
being treated differently. So because of that, they do
not have to follow any of the rules that are lined up as a debt collector. How are they fitting into what we are
discussing today? Because if we leave it as is, the
people who fall into that category should be audited.
Can we finally have clarity on whether that will
be the case? If it quacks like a duck, it walks like a
duck, it is a duck. So just because you do not want to
call it a debt collection agency, even though that is
what it is doing, even though as a company it tells you
that is what it does, they should be fitting into this
amendment. How do we move forward knowing that what we are creating is the ability for not just the l icence to move forward, but potentially groups that
have not had to follow the rules?

Thank you, Senator Ben Smith.
Would any other Senator wish to comment on
the amendment that has been laid before us with r egard to the Debt Collection Amendment Act 2021?
I believe Senator Lindsay Simmons wishes to
respond and needs a bit more time to do so.
[Pause]

Sen. Lindsay Simmons: Thank you, Madam Chai rman.
I would say it again. For the purposes of this,
they are not a debt collection agency, so they do not
fall under the Act. I cannot give you an answer if they do not fall under the Act.
Thank you, Madam Chai rman.

Thank you, Senator Lindsay Si mmons.
Would an y other Senator wish to speak to the
amendment before us?
Senator John Wight.
Sen. John Wight: Having heard the Senator’s comment, I understand her reference to this particular o rganisation. But it goes back to the general question as
to whether unlicensed debt collectors are exempt or
not from this.
600 21 July 2021 Official Hansard Report

Bermuda Senate The Chairman: Ah. Senator Curtis Richardson, I see
your hand. You have the floor.

Sen. Curtis Richardson: Yes, thank you, Madam
Chairman.
It seems what I am hearing from Senators is
that their concern is about non- licensed organisations
who are collecting debts. It is questioning for me because this Act speaks to the licensed ones. So I can
understand their concerns about the non- licensed. But
I concur with Minister Peets’ earlier comment in sa ying that we ought to be getting along with the business of the day, which in this regard is an amendment to
the Act, again for licensed debt collectors.
So if we can get some movement on that matter, and if there are concerns about how to deal with
non-licensed debt collectors or companies or age ncies, then maybe that could be considered at another date and time.
Thank you, Madam Chairman.

Madam President.
The President: I would just like to [say], for all of us
again and the listening audience, what we are determining at this point is whether or not we remove [pr oposed section 15] (6A), which reads, “ Notwithstanding
subsection (6)(b), a debt collector licensed under this
Act in the year 2020 is exempt from providing the A uthority with his audited annual financial statement for
the year 2020. ”
So we are talking about th at year, 2020. I just
needed clarification that that is what we are talking
about here, the exemption for the year 2020.

We will now have a vote.
The Clerk: Okay, Senators. Now we are voting on the
proposed amendment by Senator Jones. Okay?

DIVISION
[Proposed Amendment to clause 2 of the Debt Colle ction Amendment Act 2021]

Ayes: 4 Nays: 7
Sen. Ben Smith Sen. the Hon. E. Peets
Sen. Robin Tucker Sen. Owen Darrell
Sen. Marcus Jones Sen. Arianna Hodgson
Sen. John Wight Sen. Curtis Richardson
Sen. Lindsay Simmons
Sen. the Hon. J. E. Dillas -Wright
Sen. Michelle Simmons

We now move back into the Senate.
Madam President, you have the Chair.

Senate resumed at 11:33 am
[Sen. th e Hon. Joan E. Dillas -Wright, President, in the
Chair]

REPORT OF COMMITTEE

DEBT COLLECTION AMENDMENT ACT 2021
The President: Senators, we are now back at the
Senate. Is there any objection to the report of the Committee?
Hearing none, then I indicate that . . .
Senator, I am sorry. Senator Simmons, you
can do your third reading and the passage of the Bill.
Sen. Lindsay Simmons: Madam President, I move
that [Standing Order] 26—

The President: No, no. Just the third reading.

BILL

THIRD READING

DEBT COLLECTION AMENDMENT ACT 2021

Sen. Lindsay Simmons: Thank you.
Madam President, I move that the Bill entitled
Debt Collection Amendment Act 2020 [sic] be now
read a third time.

The President: Is there any objection to that motion?
Sen. Marcus Jon es: Yes, Madam President.

The President: Is there any other objection?

[Inaudible interjections ]
The President: [There are] Senators objecting.
Sen. Marcus Jones: Madam President, the reading
of the title was incorrect.

The President: The Debt Collec tion.

Sen. Marcus Jones: It should be 2021, not 2020.

Sen. Lindsay Simmons: Sorry. I will say that again.
Madam President, I move that the Bill entitled—

[Inaudible interjection]
The President: Carry on, Senator Lindsay Simmons.
The Debt Collection Amendment Act 2021.
Sen. Lindsay Simmons: Madam President, I move
that the Debt Collection Amendment Act 2021 be now
read a third time.

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

Sen. Lindsay Simmons: Madam President, I move
that the Bill do now pass.

The President: It has been moved that the Bill ent itled the Debt Collection Amendment Act 2021 do now
pass.
Is there any objection to that motion?
No objection. The Bill is passed.

[Motion carried: T he Debt Collection Amendment Act
2021 was read a third time and passed.]

The President: Thank you, Senators.
We now move on to the second Order of the
Day, which is the second reading of the Education
Amendment (No. 2) Act 20 21. And that is in the name
of Senator O. K. Darrell, the Junior Minister for Educ ation.
Senator Darrell, you have the floor.

Sen. Owen Darrell: Thank you, Madam President.
Madam President, I move that the Bill entitled
the Education Amendment (No. 2) A ct 2021 be now
read a second time.

The President: Is there any objection to that motion?
No objection.
Carry on, Senator Darrell.


602 21 July 2021 Official Hansard Report

Bermuda Senate BILL

SECOND READING

EDUCATION AMENDMENT (NO. 2) ACT 2021

Sen. Owen Darrell: Madam President, I am pleased
to present to the Senate a short Bill entitled the Education Amendment (No. 2) Act 2021 .
The Bill proposes minor amendments to the
Education Act 1996 focused solely on the Board of
Education, which will be referred to as “the Board.”
These changes are transitional in nature and are
needed to further improve the operations of the Board
as the Government and Ministry of Education move
toward the introduction of the Education Authority to
help govern our public education system.
To give some background, Madam President,
2008 was the last time that amendments were made
regarding the Board of Education. Honourable Senators who were in the Senate at that time may recall
that, prior to the 2008 amendments, governance of
the Board was quite different to what it is now. As per
section 3 of the Education Act, as passed in 1996,
members of the Board numbered not less than 5 and
not more than 11.
There were no specific requirements for particular groups or interests to be represented as is now the case. Appointees were at the pleasure of the Mi nister and on one- year terms. Terms now range from
one to three years to ensure that they are staggered and members can be reappointed. There was a
Chairman and a Deputy Chairman—both appointed
by the Minister. At present, a Deputy Chairman can be
appointed from time to time by the Board from
amongst its members. The Minister was empowered
to chair and preside over any meetings as if he or she
was the Chairman. This is no longer the case, as the
Chairman presides and runs each board meeting. And, according to section 4 of the Act that was passed
in 1996, the Minister was able to consult or take advice from the Board on any matter and act in his or
her discretion on any matter. And the Board had such other functions and duties as assigned to it by the E ducation Act or any other enactment.
It should be noted that between 1996 and
2008 the Education Act prescribed no specific func-tions for the Board. However, the Board did make
recommendations to the Minister for the Bermuda
Government Scholars, as per the Bermuda Gover nment Scholarships Act 1958, which also has since
been amended.
The changes introduced in 2008 m odernised
the governance structure of the Board by prescribing the membership and ensuring that it undertook speci fic and substantive functions to support the Bermuda
public school system.
Madam President, more recently the Board
played an important role in carrying out one of its most critical functions, that being the development of Plan
2022, Bermuda’s strategic plan for public school education. This work began under the previous Gover nment and was completed under the present Minister. Consistent with t he Government’s commitment to
move from a three- tier to a two- tier system, and phase
out middle schools and introduce signature schools,
Plan 2022 provides a number of priorities and strat egies that are being delivered as part of education r eform.
I am pleased that the Board has continued to
improve its operations. It has also been diligent in
keeping up with the increased workload as there is so
much more to do regarding education reform. They
have, for example, established a number of working
committees and produced a significant body of work
as a part -time Board. The standing committees of the
Board currently are as foll ows:
• Curriculum and Assessment Committee;
• Student Services Committee;
• Finance and Operations Committee;
• Policy and Research Committee;
• Human Resources Committee;
• Technology Committee; and
• Scholarship and Awards Committee.
The Board, with the support of its committees,
now has a term of reference and work plan for the
delivery of the Board’s priorities and responsibilities, a
structured ori entation process for new members, and
job descriptions to clearly outline the roles and r esponsibilities of Board members.
The Board has also developed a number of
policy recommendations, such as a tiered licence structure for educators, including a proposed designation for Master Teachers; as well as increased pat hways for persons to enter the teaching profession,
especially in the areas of critical need in Bermuda.
The recently adopted Teacher Certification Bonded
Loan to help fund a teacher practicum was introduced following the recommendations by the Board. The absence of a paid practicum has been a significant bar-rier to teacher candidates, including persons who are following non- traditional pathways by entering a
teaching programme as a second career or who must
work during their programme to sustain themselves and their families financially as they complete the r equirements for teaching certification.
The Board continues to undertake its longest
standing responsibility regarding Bermuda Gover nment Sc holars and has dedicated itself to ensure that
the recommended scholars reflect the potential of the Board and diverse young scholars within our comm unity.
Madam President, these are but a few examples of the efforts undertaken by the Board to improve
its governance and operations. However, the pr oposed amendments will further assist the Board with
its functions, including its role in assisting the Minister


Bermuda Senate in development of the Education Authority. Specifica lly, the Bill proposes to do three things:
(1) Allow the Permanent Secretary [PS] of
the Ministry of Education to attend and participate in
meetings of the Board. The Permanent Secretary u nder the direction of the Minister of Education is the
supervisor of the Commissioner of Education. Ho wever, the Act does not provide for the Permanent
Secretary to attend and participate in the proceedings
of the Board as the Commissioner of Education and
the person chosen by the Bermuda College are ent itled to attend and take part in the proceedings of the Board. The part icipation of the Permanent Secretary
in the proceedings of the Board is necessary in order
to supervise the Commissioner of Education, who
has statutory responsibilities regarding the Board;
and to provide a link between the Board, the Com-missioner and the Minister. The Permanent Secretary
also brings considerable knowledge about the wor kings of government and its priorities and can provide
technical and other advice to the Board.
(2) The Bill also proposes to establish a position for a Deputy Chairperson, appointed by the
Minister. The Act is prescriptive as to who serves on
the Board, with the Chairman being appointed from
the membership by the Minister. There currently is no provision for an established Deputy Chairman to assist and share the workload of the Chairman. Currently, the Board may, from time to time, appoint a me mber of the Board to serve as a Deputy Chairman.
However, the work of the Board would benefit from a
fixed appointment of a Deputy Chair. A Deputy Chair
would provide consistent support to the Chairman
and preside over meetings in his or her absence. It
should be noted that the Minister already appoints the
members of the Board and is not removing or taking
away any existing power from the Board. This
amendment is proposed to enhance and improve the
Board’s functions and to ensure that the Chairman is
provided with needed assistance to carry out signif icant, albeit part -time, responsibilities.
(3) This Bill proposes to remove the Board’s
function to make recommendations to the Public Service Commission (also known as the PSC) regarding
the appointment of directors of the Department of
Education and principals. Responsibility for making
recommendations to the PSC regarding the appointment of directors of the department and principals is
propose d to revert to the Commissioner of Education,
who is the head of the department.
This change will remove the onerous and
time-consuming responsibi lity for recruitment of directors and principals from the Board to allow them to
focus on other functions. Whi le the recruitment for the
post of Commissioner of Education is a weighty and
time-consuming process, the responsibility for making
recommendations to the PSC for the appointment of
the Commissioner of E ducation is being left with the
Board in order to ens ure that stak eholders of the Bermuda public school sy stem as represented on the
Board continue to be i nvolved in the decision- making
process for leadership and the Department of Educ ation.
Madam President, with those remarks, I now
present the Bill entitled Education Amendment (No. 2)
Act 2021 and welcome comments from other Sen ators.

The President: Thank you, Senator Darrell.
Would any Senator care to speak on this Bill?
Senator Ben Smith, you have the floor.

Sen. Ben Smith: Thank you, Madam President.
Thank you to the Junior Minister for providing that
brief for this Bill.
I just have a couple of questions. First, we do
agree with the position of allowing the Permanent
Secretary to be part of the meetings. That makes
sense. If the Permanent Secretary is in the position of
supervising the Commissioner, then it would only
make sense for them to be in attendance in the meetings to also be able to be given first -hand knowledge
of what happens in the meetings so that that information can be provided to the Minister. And it just will
help with that cohesion between the two.
The question that I have is the Minister appointing the position of Deputy Chair. My question on
this is can the Junior Minister can give us what the
advantage is of the Minister making t his appointment?
I understand to regularise the actual position, which means having a Deputy Chair be somebody who is
part of this process so that there is help for the actual
Chair. My question is, Why does the selection and appointment of that person hav e to come from the
Minister? Because at present if they do need that
help, it comes from within the Board.
So if the Junior Minister could just give us
some clarity on why it would have to be the Minister
who would make that appointment? Once we make the position something that is regularised, it would
seem that it could be a possibility for that group, as
they are meeting together, to be able to select the
person from within whom they believe is the person whom they are working best with. If he could just give
us some details on that particular point.
And the other position is the change of the
appointment of directors and principals. My question
just is that [since] there are quite a number of people
who are acting principals presently, will this change help for us to move those people from acting to permanent positions? Is the hold- up that the Junior Mini ster is referring to something that will be alleviated with
this change, that will allow us to be able to move
those people into permanent positions? I believe that
knowing that the person who is in that position is in a permanent position will help with the structure of ev eryone else within the school. So can the Junior Mini ster just give us some details on that as well?
604 21 July 2021 Official Hansard Report

Bermuda Senate Thank you, Madam President.

The President: Thank you, Senator Ben Smith.
Would any other Senator care to speak on
this Bill?
Senator Michelle Simmons, you have the
floor.
Sen. Michelle Simmons: Thank you, Madam Pres ident.
This Bill before us, in my opinion, is necessary
because it furthers the work of the Board of Education
in being focused on strategic planning for the Berm uda public school system. By having the Deputy
Chairman appointed by the Minister, I just feel it helps to formalise the position of the Deputy Chair. I will declare that I used to be a member of the Board of Education; I am not there anymore. But we always felt that the position of Deputy Chair was more informal, and
he or she might be asked to do this or that. But there
were no formal responsibilities. I think that by doing this, by making sure it is an appointment by the Mini ster, that person will have specific responsibilities, in addition of course to making sure that they support
the work of the Chair of the Board of Education.
I also recall that the Permanent Secretary was
always in attendance but could not speak at the meetings. So again, this is just absolutely necessary. The
Permanent Secretary for Education should be i nvolved with the discussions around the boardroom
table. And as the supervisor, the immediate superv isor of the Commissioner of Education, I think that is
critical.
With regard to appointments of the directors —
and I believe there are just two directors still; that is,
the Director of Educational Standards and Account ability and the Director of Academics —I agree with this
change that no longer will those appointments go b efore the Public Service Commission. They should be appointments handled by the Commissioner of Educ ation. So again, I am in full agreement.
With regard to the appointment of principals, I
agree that the Commissioner needs to be the lead person in that. But I would hope that there would be
engagement with the boards of the schools. Now, I
know that at this point we only have boards at aided schools. But maybe in the future as t hings evolve,
other schools may acquire boards. And I would hope
that someone from those boards would be engaging
with the Commissioner with regard to the appointment
of principals of those schools.
Also, when the Education Authority is impl emented, it mi ght also be possible for there to be other
folk engaged in that hiring of principals. Because I think the more people who have an interest and i nvolvement there, the more effective the appointments
will be. So with regard to these changes, I fully support all of them, and I am very happy to hear that the
Education Authority is going to become a reality.
Thank you, Madam President.

The President: Thank you, Senator Michelle Si mmons.
Would any other Senator care to speak on
this Bill?
Hearing none, then it is over to you, Senator
Darrell.

Sen. Owen Darrell: Thank you, Madam President.
I will just start with Senator Simmons’ comments. She hit the nail right on the head. She must
have some insider knowledge on this topic.

[Laughter]

Sen. Owen Darrell: So I will now move to Senator
Smith’s questions. The first one is regarding acting
principals and the move away from the directors and the PSC. The answer is yes. That is the intent. The
intent is that this will speed up that process and we
can get some substantive positions in place.
For your first question regarding the appointment of the Deputy Chair, the advantage to this is that
the Minister determines the policy direction and the work plan. And the Minister needs to be able to select
persons best abl e to provide support to the Chairperson. Additionally, as was mentioned by Senator Si mmons, the provision here is that this intends to be just
a provisional move until the Education Authority is
actually established.
And again to Senator Simmons, the future of
governance of education will be covered under the
Education Authority, and appointments will be then handled that way.
So with that, Madam President, I hope I have
answered the questions and queries that were raised by my other Senate colleagues. Thank you.

The President: Thank you. It appears you have, so
you can do the second reading.
Sen. Owen Darrell: Madam President, I now move
that the Bill entitled the Education Amendment (No. 2) Act 2021 be now read a second time.
The President: Is there a ny objection to that motion?
No objection.
Carry on, Senator Darrell.

SUSPENSION OF STANDING ORDER 26
Sen. Owen Darrell: Madam President, I move that
[Standing Order] 26 be suspended in respect of this
Bill.



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

[Motion carried: Standing Order 26 suspended.]

BILL

THIRD READING

EDUCATION AMENDMENT (NO. 2) ACT 2021
Sen. Owen Darrell: Madam President, I now move
that the Bill entitled Education Amendment (No. 2) Act
2021 be now read a third time.

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

Sen. Owen Darrell: Madam President, I move that
the Bill do now pass.

The President: It has been moved that the Bill ent itled Education Amendment (No. 2) Act 2021 d o now
pass.
Is there any objection to that motion?
No objection.
The Bill is passed.

[Motion carried: The Education Amendment (No. 2)
Act 2021 was read a third time and passed.]
The President: Thank you, Senator Darrell and Senators.

MOTIONS

The President: There are none.

CONGRATULATORY AND/OR
OBITUARY SPEECHES
The President: Would any Senator care to speak on
these matters? Minister Peets, the Hon. E. G. V. Peets, Mini ster of Culture and Sport.

Thank you.
It gives me a great deal of privilege as well as
pleasure to wish happy birthday to Myrtle Edness. She will be turning 107 years young on Sunday. Obv iously, a pillar of our community and someone whom
we all dearly love and appreciate. We certainly wish
her the very best as she celebrates her birthday.
I also want to congratulate the Premier, as
well as our Cabinet Ministers, who for four years now
have been serving in their capacity. I know these last
few years have been particularly difficult, particularly under the circumstances of the pandemic. But we certainly want to recognise their service at this moment.
Thank you, Madam President.
The President: Thank you, Minister Peets, Gover nment Leader in the Senate.
Would any other Senator care to speak?
Senator Tucker, you have the floor.

Sen. Robin Tucker: Thank you, Madam President.
I just wanted to associate myself, and certai nly I think all of our Senate colleagues as well would
like to be associated, with the happy birthday remarks
to Ms. Edness. That is a huge, huge blessing that she
has had, and I do wish her health and more.
Thank you.
The President: Thank you, Senator Tucker. I am sure
we all, as you have kindly said, the entire Senate body
would join Minister Peets and yourself in those congratulat ions to her.
Would any other Senator care to speak?
Senator Ben Smith (sorry, he caught my eye
first), you have the floor.

Sen. Ben Smith: Thank you. (No problem, Madam
President.)
I would just like to give congratulations and
good luck to our Olympic team who will be starting
shortly in Tokyo. Specifically, it is important that they
know that all the way from Bermuda we will be giving
them 100 per cent support and also being safe over in
Tokyo, because there is quite a [lot of] talk right now of the is sues with the virus spreading a little bit. So,
good luck to them and health to them. And let us hope
that they can do their very best and come back with
the kind of success that we are all looking for.
Thank you.
The President: Thank you, Senator Ben Smith.
Would any other Senator care to speak?
Senator Lindsay Simmons.
Sen. Lindsay Simmons: Thank you, Madam Pres ident.
I also want to join Minister Peets in congrat ulating the PLP for, on July 18, 2017, the PLP won the election. And I want to just congratulate all of them,
but I also want to point out people who are still currently in the Cabinet. They have been doing an amaz-ing job: the Premier, David Burt; the Deputy Premier,
Walter Roban; the Minister, Colonel Burch; the Mini ster of Health, Kim Wil son, who is doing a fabulous job
during COVID -19; Minister Diallo Rabain. What he is
doing in Education is amazing; and the Attorney Gen-eral, Kathy Lynn Simmons, is also doing phenomenally in her role.
I also want to congratulate the MPs who were
voted in for the first time in 2017. She is now a Mini s606 21 July 2021 Official Hansard Report

Bermuda Senate ter, Renee Ming. MP Kim Swan. Minister Tinee
Furbert, she is now a Minister as well. MP Chris F amous. I also want to highlight MP Chris Famous because what he does for the Devonshire community is
nothing short of amazing. He is always getting people
involved, and I am proud to be a part of Devonshire
with him. MP Wayne Caines, MP Dennis Lister and
MP Scott Simmons. That year they won 24 seats, and
the PLP continues to put Bermuda first. And even
though we are going through a tough time with
COVID -19, I just support my party and bring out my
green pom -poms today and congratulate them for four
years of continually putting Bermuda first!
So thank you to all of my PLP colleagues, the
Senate team and the community f or rallying behind
us. Thank you.

The President: Thank you, Senator Lindsay Si mmons.
Would any other Senator care to speak?
Senator Michelle Simmons, you have the
floor.
Sen. Michelle Simmons: Thank you, Madam Pres ident.
I certainly want to be associated with the r emarks about Ms. Edness and her 107th birthday!
Some Hon. Senators: Wow!

Sen. Michelle Simmons: Whoa! Has any Bermudian
surpassed that? I have no idea, but I do not think so.
Also with Senator Ben Smith’s remarks r egarding our Olympians. They may be few in number,
but we will be supporting them.
I would like to just pause and extend cond olences to the family of Ms. Marlene Manders, the m atriarch of the Manders family. We seem to be extend-ing condolences to that family quite a bit of late. But
you will remember that she suffered a huge loss earl ier this year or last year (gosh, time flies by). But I am
thinking particularly of her children, Arnold, Andre and
Sheena, and of course her late son, Anthony. So the
Manders family —just remember them.
On a very bright note, I would also like to extend heartiest congratulations to Mr. Shawn Lekki. It is
always good to see Bermudians rising up through the
ranks of the hospitality industry. And he was recently
promoted to the position of Director of F ood and Be verage at Hamilton Princess. So he is now a member of the hotel’s executive team; that is quite lofty, Ma dam President. Mr. Lekki, whom I do not know but I
was just impressed with his story, has been in hosp itality since 1996. And when he entered the industry,
he must have decided to set goals that he would use as steps toward his ultimate goal. He has prepared
himself; he has taken the opportunity to learn as much as he can from various courses and internships, i ncluding overseas placements. So h e is well prepared for this new role. And I would just like for us to wish
him well at this point in his career.
Then finally, many Bermudian students are
preparing to go overseas to university. I am hoping
that they will have the benefit this year or in the next
academic year of a full year onsite. It has been a rea lly difficult time for university students. And I also want
to thank all of the companies, to thank the Bermuda
Government, private foundations, church groups,
government departments, private i ndividuals who
have been [providing] and continue to provide funding
to assist our students. This is a great investment in
the future of this Island, and I would like to thank all of
those organisations and individuals who are contri buting to their success financially. And I would like to
wish every single student who is embarking on studies
overseas much success as they pursue their dreams.
Thank you, Madam President.

The President: Thank you, Senator Michelle Si mmons.
Would any other Senator care to sp eak?
Senator Darrell, you have the floor.
Sen. Owen Darrell: Good afternoon, Madam Pres ident.

The President: Good afternoon.
Sen. Owen Darrell: First of all, I would like to start by
offering condolences to the family of Mr. Jose Vieira. It
was only a few months ago that I congratulated Mr.
Jose Vieira in this Chamber for celebrating his 80
th
birthday. Jose Vieira of Zuill’s Park in Smith’s passed away recently, and his family will lay him to rest today.
But I just want the Senate to send condolences to his
children, Susan, Tina and Joseph; and his grandchi ldren and other family. May he rest in peace.
On a happier note, Madam President, I would
like to congratulate the organisers and committee of a
couple of community clubs that put on a spectacular
event this past Saturday. I know that the Minister of
Sport would like to be associated with these congrat ulatory remarks. But I would like to start with the Pres ident of Eastern Counties Cricket Association, Mr. St even Douglas, and his committee. The President of the
host club, Mr. Steven Outerbridge. He is the President
of Bailey’s Bay. Also, President of St. David’s [County]
Cricket Club, Ms. Ceble Crockwell; and the President
of Flatt’s Victoria Recreation Club, Mr. Jon Carey.
The Eastern Counties Cricket Association
took a year off from hosting this event that is second to Cup Match, I would say. And being from the Knapton Hill, Devil's Hole, Harris Bay area, and a Clev eland County fan, I grew up playing Junior County and I also grew up supporting the Eas tern Counties. And
the event that they put on on Saturday with the ci rcumstances, having to check everyone’s SafeKey and having to reduce their numbers a little bit, was first -


Bermuda Senate class. And I just want to congratulate the fans for adhering to the regulations that were put in place. I also
want to give a shout -out to the security firm. You
know, these types of things are not in their usual r emit. And from all accounts, it went off without a hitch.
And finally, I would like to congratulate the
winning team, St. David’s, who was led by Captain,
Mr. Justin Pitcher. Big batsmen of the day were Mr.
Chris Douglas, with 82, and he was voted Man of the
Match; Mr. Macai Simmons, and they were both Cup
Match players. Macai Simmons got 92. The high man for Flatts Victoria was another Cup Match star, Mr.
Kamau Leverock. But I also would like to say a shout -
out to elder statesman, Mr. Nelson Bascome III, who— you know, difficult circumstances for Flatts, but
he did lead a young team. And I think that the event
that was put on on Saturday by the Eastern Counties
Cricket Association was second to none.
And I know I have probably 10 seconds left,
Madam President. So I do want to say that Saturday’s
event was a warm -up to the big game that is coming
on August 14, when the Clevel and County Cricket
Club will march into Bailey’s Bay Cricket Club and take the trophy from St. David’s.
Thank you, Madam President.

[Laughter]
The President: Thank you, Senator Darrell.
Would any other Senator care to speak?
Hearing none, then I woul d just like to assoc iate myself with the condolences that have been expressed for the Manders family, that were given by Senator [Michelle] Simmons; and also the congratul ations she also highlighted for Mr. Shawn Lekki in the
hotel industry. I also associate myself with Ben
Smith’s comments for the Tokyo Olympics and the
Bermudians who are over there.
On a sad note, back to condolences on my
part, I would just like to extend condolences to the
family of Ms. Sandra Allen, especially her sister, Alpha
Bennet t; and her sons, Anthony and Robert and also
their sister; as well as the extended family of Sandra;
and her many friends and colleagues in Bermuda.
Sandra was a good friend of mine. We studied t ogether and did our nursing in London, and visited the
contin ent. We did a number of things early in our nur sing years.
But on her return to Bermuda in the mid1960s, she initially worked in the community as a
nurse- midwife for a few years and then had the di stinction of holding several senior nursing positions at
the Bermuda Hospitals Board, including that of eve ning night supervisor. She was also Assistant Director
of Nursing with responsibility for the Continuing Care
[Unit] (CCU as it was then known). While Ms. Allen was described as a stern individual, she ensured that
the patients received compassionate and exemplary
care. And she served on several nursing associations. But she also mentored and encouraged young Bermudians to pursue a career in nursing.
She served also as a matron at the Matilda
Smith Rest Hom e. She was always held in very high
regard by her nursing colleagues and the medical
staff. And there was a home- going service for her at
the Peace Lutheran Church yesterday, which I was
not able to attend. But I am sure she was well repr esented by her col leagues.
She had the distinction of serving Bermuda as
a nurse for over 40 years —it might have been close to
50. She was a completely dedicated professional
whom I will miss dearly.
With all said, now we will move on.

ADJOURNMENT

The President: It is o ver to you, Minister Peets.

Yes. Thank you,
Madam President.
I make a motion that we adjourn until Monday,
July 26.

The President: Thank you.
Would any Senator care to speak on the m otion to adjourn?
Hearing none, I would just like to remind Senators that we will be meeting on Monday, not on
Wednesday. And whatever is discussed, the Bills that
will be discussed on Friday in the House, you will have them. In fact, they should be on your tablets
even now because I have spoken to Derek [Lamb],
and he has indicated that he will ensure that so we will all be prepared on Monday.
Would any Senator wish to speak on the m otion to adjourn?
Senator Ben Smith, you have the floor.

OUTSTANDING ANSWER S
TO PARLIAMENTARY QUESTIONS
Sen. Ben Smith: Thank you, Madam President.
Just a quick —I guess I am asking for the
Government Senate team . . . There have been several questions that we have asked over the last se veral months, starting with the Budget Debate, and
since the Budget Debate several questions that have
been asked where we were told that we were going to
get answers. We then provided written follow -ups to
those questions. I just implore the Government to pr ovide those answers, because they are not just for the
information purposes of the Opposition Senate team;
they are actually for the public to know the answers to those questions.
We did not ask them with any other intention
but to get further information and clarity. And with the idea that the Government said that they would answer
those questions, we just hope that we would receive
608 21 July 2021 Official Hansard Report

Bermuda Senate those answers before the end of the session. Thank
you.
The President: Thank you, Senator Smith.
Would any other Senator care to speak on the
motion to adjourn?
Hearing none then, Senators, the Senate will
stand adjourned until Monday, the 26
th of July.
Thank you, Senators.
[At 12:13 pm, the Senate stood adjourned until
10:00 am, Monday, 26 July 2021.]